General Terms and Conditions Open Call
1. CONTRACTING PARTIES AND SCOPE OF APPLICATION
ExhibitX, Rollandstraat 71, 2013 SM, Haarlem (hereinafter also referred to as "ExhibitX") organizes the open call under the name "Open Call - open all year round" (hereinafter also referred to as the "Open Call"). These General Terms and Conditions for Participation in the Open Call (hereinafter the "Conditions") govern the participation requirements and the rights and obligations of the persons participating in the Open Call (hereinafter also referred to as the "Participant" and collectively as the "Participants"), as well as the rights and obligations of ExhibitX.
2. CONCLUSION OF THE PARTICIPATION AGREEMENT
2.1 Email
Participation in the Open Call requires sending an email containing the document as described on the website to marloes@exhibit-x.nl. 2.2 Formation of the Agreement
An agreement between ExhibitX and persons eligible for participation is concluded by sending an email to marloes@exhibit-x.nl with the intention of submitting an entry for the open call.
2.3 Consumer Protection
The General Terms and Conditions can be viewed and printed on this page before the formation of the agreement. ExhibitX retains the text of these General Terms and Conditions and makes them available to the Participant on the website. Participation in the Open Call is free of charge.
3. CONDITIONS OF PARTICIPATION
3.1 General Terms and Conditions
Legal entities registered with their national Chamber of Commerce or similar organization, and natural persons who are at least 18 years of age and fully legally competent, may participate. 3.2 Rights
Participants must hold all necessary rights to the submitted plan, in particular:
Copyright to their own image and text as author or photographer
The right to distribute and publish images and texts of other persons
Rights to depicted objects or trademarks, or the right to distribute them.
3.3 Additional restrictions
The following persons are excluded from participation:
Persons employed by Exhibit-X B.V. and Family members of these persons.
4. PARTICIPATION RULES
4.1 Open Call Period
The open call starts on April 14, 2026, at 10:00 AM CET and remains continuously open. Submissions can be submitted by email at any time.
4.2 Announcement
Participants whose project has been selected will receive a notification from ExhibitX at the email address used to submit the plan. ExhibitX will contact selected participants to discuss potential collaboration opportunities. A separate agreement between ExhibitX and the participant is required for each exhibition, experience, or further use of the selected plan.
4.3. Prohibited Content
The participant may not upload photos that violate applicable law, infringe upon the rights of third parties, are infected with malware (e.g., viruses, Trojan horses, spyware, etc.), or contain hateful, discriminatory, immoral, violent, inhuman, pornographic, or sexually explicit content.
5. GRANTING OF USAGE RIGHTS
5.1 The Participant grants ExhibitX a non-exclusive, irrevocable, non-sublicensable, worldwide right to use the submitted plan for the execution of the Open Call, in particular to store the submitted plan for selection. Submitted plans will not be used by ExhibitX for other purposes and will not be shared with other Participants. The Participant may send a request for the removal of the submitted plan at any time.
5.2 Any further use of the Selected Plans requires the conclusion of a separate agreement between ExhibitX and the Participant.
6. GUARANTEE AND LIABILITY OF THE PARTICIPANT
6.1 Ownership of rights
The Participant guarantees that all necessary rights are exclusively in his/her possession and/or that permission has been obtained from third parties for their use.
6.2 No infringement of rights
The Participant guarantees that the submitted plan does not infringe upon the rights of third parties, in particular:
no third-party copyrights without permission
no rights of depicted persons without permission
no trademark rights or other industrial property rights without permission
6.3 Liability for infringements
6.3.1 The Participant indemnifies ExhibitX against all claims arising from the infringement of rights caused by the submitted plan.
6.3.2 The indemnification includes in particular: (a) claims from third parties for damages, including material and non-material damages, (b) claims for an injunction, (c) claims for the provision of information and accountability, and (d) the costs of necessary legal defence, including court and attorney fees.
6.3.3 The obligation to pay damages applies only if the infringement is the result of intent or negligence on the part of the Participant. The Participant is not obliged to pay damages if the infringement arises from instructions from ExhibitX.
6.3.4 The Participant undertakes to support ExhibitX in the defense against claims from third parties and to provide all necessary information and documents.
7. LIABILITY OF EXHIBITX
7.1 Limitation of liability
ExhibitX is not liable for (a) technical problems during the transmission of the plan caused by interruptions of the internet connection, server failures or maintenance over which ExhibitX has no control, (b) loss of data during transmission as a result of technical problems that cannot be attributed to ExhibitX, and (c) unauthorized access by third parties to submitted photos, provided that ExhibitX has taken reasonable security measures.
7.2 No liability for force majeure
ExhibitX is not liable for damages caused by force majeure, including natural disasters, war, terrorist attacks, strikes or government orders. 7.3 No liability for content submitted by participants
Exhibit is not liable for the content of the submitted plans, in particular for their legality, quality, or suitability for a particular purpose. Responsibility rests solely with the participant.
7.4 No liability for the availability of the website and email
ExhibitX does not guarantee the uninterrupted availability of the website or submission via email. Short-term interruptions due to technical problems or maintenance are reserved.
7.5 Exceptions to the limitations of liability
The above limitations of liability do not apply (a) to damages resulting from injury to life, body, or health, (b) to damages resulting from intentional or gross negligence on the part of ExhibitX or its legal representatives, (c) to damages resulting from the breach of essential contractual obligations (main obligations) where the achievement of the contractual objective is jeopardized; in this case, liability is limited to typical, foreseeable damages. 8. DISPUTE RESOLUTION
xhibitX manages a website and applies general terms and conditions. ExhibitX informs participants as follows: ExhibitX is not willing and not obliged to participate in dispute resolution proceedings before an arbitration committee. Participation in such proceedings is voluntary and not binding on either party. Should a dispute arise, mediation may take place first, and subsequently, if necessary, the regular courts may be consulted.
8. FINAL PROVISIONS
8.1 Textual Form
Amendments and additions to these General Terms and Conditions must be recorded in written form. This also applies to amendments to this written form clause itself.
8.2 Severability Clause
If individual provisions of these General Terms and Conditions are or become invalid, the validity of the remaining provisions of these General Terms and Conditions shall remain unaffected. The invalid provision shall be replaced by a valid provision that serves the economic purpose of the invalid provision as well as possible.
8.3 Applicable Law
Dutch law applies. For participants residing or domiciled abroad, Dutch law applies, unless mandatory international regulations or mandatory laws of the country of habitual residence prevail.
For all disputes arising from this Agreement, the competent court is located in Haarlem.
