Website Terms of Use of GFM-Stiftung
Effective Date: 27.03.2026

These Terms of Use govern your access to and use of the website operated by GFM-Stiftung, Fuchsiastr. 19, CH-8048 Zurich, Switzerland, together with all related pages, features, content, services, applications, forms, protected areas, embedded catalog displays, and other digital materials made available through or in connection with the website (collectively, the “Website”).

By accessing, browsing, using, or interacting with the Website in any manner, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use, as amended from time to time. If you do not agree to these Terms of Use, you must not access or use the Website.

These Terms of Use are intended to regulate Website use only. They do not constitute, and shall not be construed as, auction conditions, sale conditions, private-sale conditions, consignment terms, appraisal terms, shipping terms, storage terms, ticketing terms, or any other transaction-specific terms unless expressly stated otherwise in a separate written instrument issued by GFM-Stiftung.

1. Definitions

For the purposes of these Terms of Use:

“Content” means all text, images, artwork reproductions, object descriptions, catalog information, metadata, layout, design elements, logos, trademarks, service marks, graphics, photographs, audiovisual materials, downloadable materials, databases, compilations, research notes, event information, forms, and any other material made available on or through the Website.

“User,” “you,” and “your” mean any natural or legal person who accesses or uses the Website.

“Protected Areas” means any restricted, password-protected, invitation-only, private, or otherwise controlled-access part of the Website or any related digital environment made available by or on behalf of GFM-Stiftung.

“Rights Holder” means GFM-Stiftung and/or any third party owning or controlling rights in any Content.

2. Nature and Purpose of the Website

The Website is provided for general informational, documentary, cultural, institutional, and communication purposes relating to GFM-Stiftung, the collection managed or presented by it, selected cultural initiatives, and public or restricted-access digital materials.

The Website and its Content are made available solely for informational and non-transactional purposes unless expressly stated otherwise in a separate written agreement or specific legal notice. Nothing on the Website constitutes or shall be deemed to constitute:

(a) an offer to sell or purchase any object, work, or property;
(b) an invitation to make an offer;
(c) a legally binding representation regarding title, authenticity, attribution, provenance, condition, availability, value, marketability, or suitability of any object or information;
(d) legal, tax, regulatory, investment, curatorial, conservation, scholarly, or professional advice; or
(e) any commitment to grant access to non-public information, restricted materials, or private viewing environments.

3. Eligibility and Authority

By using the Website, you represent and warrant that:

(a) you have full legal capacity and authority to enter into these Terms of Use;
(b) if you act on behalf of an entity or another person, you are duly authorized to bind such entity or person; and
(c) your use of the Website complies with all applicable laws, regulations, and professional obligations.

If you do not satisfy the foregoing conditions, you must not use the Website.

4. Acceptance and Incorporation of Other Policies

These Terms of Use incorporate by reference the Website’s Privacy Policy and any additional legal notices, disclaimers, access conditions, event conditions, or other supplemental terms expressly identified as applying to particular features or areas of the Website.

In the event of a conflict between these Terms of Use and any express supplemental terms applicable to a specific service, protected area, event, or feature, the supplemental terms shall prevail solely to the extent of that conflict.

5. Permitted Use

Subject to these Terms of Use, GFM-Stiftung grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Website solely for your own lawful, internal, informational, and non-commercial purposes.

No right, title, or interest is transferred to you except the limited permission expressly stated above.

6. Prohibited Conduct

You shall not, and shall not permit any third party to:

(a) use the Website in any unlawful, fraudulent, deceptive, abusive, harmful, defamatory, infringing, or otherwise improper manner;
(b) reproduce, copy, scrape, extract, harvest, frame, mirror, republish, upload, post, transmit, distribute, sell, license, exploit, or create derivative works from any part of the Website or any Content, except as expressly permitted in writing;
(c) use any robot, spider, crawler, bot, indexing system, harvesting tool, data-mining tool, or other automated or semi-automated means to access, monitor, copy, extract, or compile Website data, Content, or metadata;
(d) bypass, disable, impair, defeat, or interfere with any technical, digital, access-control, authentication, security, or rights-management measure used by or on behalf of GFM-Stiftung;
(e) attempt to gain unauthorized access to any server, account, system, network, database, Protected Area, or related infrastructure;
(f) introduce any virus, worm, malware, spyware, ransomware, malicious code, or other technologically harmful material;
(g) interfere with or disrupt the operation, availability, performance, or integrity of the Website or any connected system;
(h) remove, alter, obscure, or falsify copyright notices, trademark notices, proprietary notices, authorship information, source attribution, or other rights-management information;
(i) use the Website or Content for training, testing, validating, or developing artificial intelligence, machine learning, computer vision, or similar systems without GFM-Stiftung’s prior written consent;
(j) misrepresent your identity, affiliation, credentials, authority, or purpose;
(k) submit or transmit any material that infringes third-party rights or violates applicable law; or
(l) use the Website in any manner that could reasonably damage the reputation, institutional standing, legal position, security, or operational integrity of GFM-Stiftung.

7. Intellectual Property; Ownership of Content

All right, title, and interest in and to the Website and the Content, including all copyrights, neighboring rights, moral rights, trademark rights, database rights, design rights, trade names, trade dress, know-how, and other intellectual property or proprietary rights, whether registered or unregistered, are and shall remain vested in GFM-Stiftung and/or the relevant Rights Holders.

Except as expressly stated in these Terms of Use, nothing contained on the Website shall be construed as granting, by implication, estoppel, exhaustion, waiver, or otherwise, any license or right to use any Content, trademark, logo, design element, or other protected material.

All artwork images, collection records, object descriptions, installation photographs, curatorial texts, catalog information, event materials, and related materials may be subject to additional contractual, statutory, or third-party restrictions, including image rights, artist rights, estate rights, neighboring rights, and reproduction restrictions.

8. Limited License for Personal Viewing

Subject to these Terms of Use, you may temporarily display Content on your device and, where technically enabled, print or download a single copy of limited portions of the Content solely for your own personal, non-commercial, lawful reference, provided that you do not remove or alter any proprietary notice and do not further reproduce, distribute, publish, or exploit such material.

Any broader use requires the prior written consent of GFM-Stiftung and, where applicable, the relevant Rights Holder.

9. No Commercial Exploitation; No Reliance on Availability

The Website and Content may not be used for commercial exploitation, resale, syndication, republication, licensing, promotional use, public display, or any editorial, marketing, platform, archival, AI, or database use without prior written authorization.

GFM-Stiftung reserves the right at any time, in its sole discretion and without notice, to restrict, suspend, modify, withdraw, correct, redact, or remove any Content or functionality, and to refuse any request for reproduction, quotation, use, linking, embedding, or republication.

10. Collection Information; Catalog Information; Research-Based Materials

Any information made available on the Website concerning works, objects, artists, historical context, dates, dimensions, medium, provenance, exhibition history, bibliography, attribution, authenticity, ownership history, significance, curatorial interpretation, or related matters is provided for general orientation and institutional communication only.

Such information may be incomplete, preliminary, abbreviated, selectively presented, translated, reformulated, updated, corrected, contested, or subject to ongoing review. Scholarly, curatorial, archival, and documentary information may evolve over time in light of new research, expert input, documentary evidence, conservation findings, legal developments, institutional review, or editorial reconsideration.

Accordingly, GFM-Stiftung does not warrant or represent that any such information is exhaustive, final, definitive, error-free, or fit for any particular purpose.

11. No Warranty as to Title, Authenticity, Attribution, Provenance, Condition, or Value

Without prejudice to any separate written agreement expressly executed by GFM-Stiftung, nothing on the Website shall constitute a representation, warranty, undertaking, guarantee, or certification regarding:

(a) legal title;
(b) ownership rights;
(c) authenticity or genuineness;
(d) attribution or authorship;
(e) date or period;
(f) provenance or ownership history;
(g) condition or restoration;
(h) rarity, quality, significance, or importance;
(i) market value, insurability, investment quality, or resale prospects; or
(j) suitability for any academic, curatorial, professional, commercial, legal, or personal purpose.

Any person requiring certainty on any such matter must conduct their own independent review and obtain specialist advice from appropriately qualified advisers.

12. Protected Areas; Access Requests; Private Viewing Environments

Certain portions of the Website or related digital resources may be made available only to selected users, by invitation, by approval, by credential verification, or through specific access credentials.

No person has any right or entitlement to receive access to any Protected Area. GFM-Stiftung may, in its sole discretion and without giving reasons, approve, refuse, suspend, limit, condition, or revoke access at any time.

Where access credentials are issued, you shall:

(a) keep them strictly confidential;
(b) not share them with any other person;
(c) use them only for the authorized purpose;
(d) notify GFM-Stiftung promptly of any suspected unauthorized access, compromise, or misuse; and
(e) remain fully responsible for all activity occurring through such credentials where attributable to your acts or omissions.

13. User Communications and Submitted Materials

If you submit or transmit any inquiry, message, form response, supporting material, image, document, concept, proposal, or other communication to GFM-Stiftung through the Website, email, or otherwise, you represent and warrant that:

(a) you have the legal right to provide such material;
(b) the material is accurate to the best of your knowledge;
(c) the material does not infringe any right of any third party; and
(d) the submission does not contain unlawful, misleading, defamatory, harmful, or confidential material provided without proper authority.
GFM-Stiftung shall be under no obligation to treat unsolicited submissions as confidential, proprietary, reviewable, publishable, or actionable, except to the extent required by law or expressly agreed in writing.

14. Privacy and Data Protection

Personal data processed in connection with the Website shall be handled in accordance with the applicable Privacy Policy and applicable data-protection laws.

By using the Website and submitting personal data, you acknowledge that such processing may occur for purposes including, as applicable, site administration, communications, security, access management, institutional correspondence, inquiry handling, compliance, and recordkeeping.

15. Third-Party Services; Embedded Content; External Links

The Website may contain links to third-party websites, tools, platforms, databases, embeds, hosting environments, catalog displays, social media environments, or other third-party services. Access to and use of such third-party services is at your own risk and subject to the terms and policies of the relevant third party.

GFM-Stiftung does not control, endorse, guarantee, or assume responsibility for any third-party content, services, policies, security, availability, legality, or practices, except to the extent expressly stated.

The inclusion of any link, embed, or third-party reference does not imply endorsement, partnership, affiliation, approval, or adoption by GFM-Stiftung.

16. Security; Monitoring; Enforcement

GFM-Stiftung reserves the right, to the extent permitted by law, to monitor Website activity, review use patterns, investigate suspected violations, preserve relevant records, implement technical controls, and take such preventive, protective, legal, or technical action as it deems appropriate in response to misuse, security threats, infringement, unlawful conduct, or breach of these Terms of Use.

Nothing in these Terms of Use shall be construed as imposing on GFM-Stiftung any obligation to monitor the Website, police user conduct, or take action against any particular conduct.

17. Availability; Downtime; Maintenance; Changes to the Website

The Website is provided on an “as available” and “as is” basis. GFM-Stiftung does not guarantee that the Website or any part of it will be continuously available, uninterrupted, secure, compatible, accurate, complete, current, or free from defects, delays, omissions, or harmful components.

GFM-Stiftung may at any time and without prior notice:

(a) update, modify, redesign, suspend, or discontinue the Website or any part of it;
(b) alter the structure, navigation, appearance, scope, or technical operation of the Website;
(c) add, remove, revise, or correct any Content;
(d) impose technical, geographic, credential-based, or discretionary access restrictions; or
(e) conduct maintenance, migrations, upgrades, or emergency interventions.

18. Disclaimers

To the maximum extent permitted by applicable law, the Website and all Content are provided “as is,” “as available,” and “with all faults.” GFM-Stiftung disclaims all representations and warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, completeness, compatibility, security, availability, and performance.

Without limitation, GFM-Stiftung does not warrant that:

(a) the Website will meet your expectations or requirements;
(b) the Website will be uninterrupted, timely, secure, or error-free;
(c) defects will be corrected;
(d) any server, service, or communication will be free of viruses or harmful elements;
(e) the Content will remain available or unchanged; or
(f) use of the Website will produce any specific outcome.

19. Limitation of Liability
To the fullest extent permitted by applicable law, neither GFM-Stiftung nor any of its officers, representatives, service providers, advisers, agents, licensors, or related parties shall be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or economic damages, including loss of profits, loss of opportunity, loss of reputation, loss of goodwill, loss of use, business interruption, data loss, systems damage, or procurement of substitute services, arising out of or in connection with:

(a) your access to, use of, inability to use, or reliance on the Website;
(b) any Content or omission from the Website;
(c) any error, inaccuracy, interruption, delay, defect, system failure, or security event;
(d) any unauthorized access to or use of systems, communications, data, or submissions;
(e) any third-party service, link, platform, or embedded content; or
(f) any action taken or not taken by GFM-Stiftung in relation to inquiries, access requests, submissions, or Protected Areas.

Nothing in these Terms of Use excludes or limits liability to the extent such exclusion or limitation is prohibited by mandatory law, including liability for wilful misconduct or gross negligence where such limitation is not legally permissible, or liability for death or personal injury caused by unlawful conduct to the extent non-excludable.

20. Indemnity

You agree to indemnify, defend, and hold harmless GFM-Stiftung and its officers, representatives, agents, advisers, contractors, licensors, and service providers from and against any and all claims, demands, proceedings, liabilities, losses, damages, judgments, costs, and expenses, including reasonable legal fees and enforcement costs, arising out of or in connection with:

(a) your breach of these Terms of Use;
(b) your misuse of the Website;
(c) your infringement of any third-party right;
(d) any information, material, or submission provided by you; or
(e) your violation of any applicable law, regulation, or professional obligation.

21. Injunctive Relief

You acknowledge that any actual or threatened breach of the provisions relating to intellectual property, confidentiality of access credentials, misuse of protected materials, or prohibited conduct may cause irreparable harm for which damages alone may be an inadequate remedy. Accordingly, GFM-Stiftung shall be entitled, without prejudice to any other rights or remedies, to seek injunctive relief, equitable relief, or similar interim measures.

22. Termination and Suspension

GFM-Stiftung may, at any time and without liability, suspend, restrict, or terminate your access to the Website or any part thereof, with or without notice, if GFM-Stiftung believes, in its sole discretion, that:

(a) you have violated these Terms of Use;
(b) your conduct creates legal, security, technical, reputational, or institutional risk;
(c) continued access is inappropriate, no longer justified, or inconsistent with the purpose of the Website; or
(d) suspension or termination is required for operational, legal, regulatory, or protective reasons.

Upon termination, all rights granted to you under these Terms of Use shall immediately cease.

23. Export, Compliance, and Sanctions

You shall not use the Website in violation of any applicable export-control law, sanctions regime, anti-money-laundering rule, anti-corruption law, or other applicable legal or regulatory restriction.

GFM-Stiftung reserves the right to restrict access, decline communications, or refuse engagement where doing so is considered necessary or appropriate for compliance, institutional, legal, or reputational reasons.

24. No Waiver

No failure or delay by GFM-Stiftung in exercising any right, power, or remedy under these Terms of Use shall operate as a waiver thereof. No waiver shall be effective unless made expressly and in writing.

25. Severability
If any provision of these Terms of Use is held to be invalid, illegal, unenforceable, or ineffective by a court or authority of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or, if such modification is not possible, severed. The remaining provisions shall continue in full force and effect.

26. Entire Agreement

These Terms of Use, together with the Privacy Policy and any expressly applicable supplemental legal notices, constitute the entire agreement between you and GFM-Stiftung regarding Website use and supersede all prior or contemporaneous understandings relating to that subject matter.

27. Assignment

You may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under these Terms of Use without the prior written consent of GFM-Stiftung. GFM-Stiftung may assign or transfer its rights and obligations under these Terms of Use to the extent permitted by law.

28. Amendments

GFM-Stiftung reserves the right to amend, revise, update, supplement, or replace these Terms of Use at any time in its sole discretion. The version published on the Website from time to time shall be the governing version.

Your continued access to or use of the Website after the publication of revised Terms of Use constitutes acceptance of those revised Terms of Use.

29. Governing Law

These Terms of Use and any non-contractual obligations arising out of or in connection with them or the Website shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict-of-laws rules.

30. Jurisdiction

To the fullest extent permitted by applicable law, the courts of Zurich, Switzerland, shall have exclusive jurisdiction over any dispute, claim, controversy, or proceeding arising out of or in connection with these Terms of Use, the Website, or any non-contractual obligations related thereto.

31. Contact

Questions concerning these Terms of Use may be directed to:

GFM-Stiftung
Fuchsiastr. 19
CH-8048 Zurich
Switzerland
Email: info@gfmtrust.net
Telephone: +41 44 999 19 99