Terms of use
The participatory art project “Send Protest” by Costantino Ciervo and his team of developers consists of a free-of-charge mobile app and the website with picture archive: www.sendprotest.com
The app is available free of charge in the Google Play Appstore (for Android) and in the iTunes App Store (for iPhone).
Upon completing installation, the user declares his or her consent to the provisions of the privacy policy and the conditions of use.
The provisions of the privacy policy and the conditions of use can be accessed at all times on the website www.sendprotest.com.
The “SendProtest” app allows the user to record digital images of socially and politically unacceptable circumstances that affect the common welfare and to send these without delay, with comments if the sender wishes, to a database (server). The user can choose between 9 categories:
-Pollution of nature and the environment
-Violations of human dignity
-Racism
-Sexism
-Urban architectural disasters
-Documentation of public demonstrations or protest activities
-Statements by individuals
-Control/surveillance – restrictions to freedom
-Others
The image and text data sent in will be shown directly in current exhibitions in the form of an installation or projection or they will be archived in order to be exhibited for an unlimited period as part of the art project “SendProtest” in museums or other public spaces.
The archive on www.sendprotest.com can be accessed at all times.
Users have the option of putting their name to something they have sent in order to “show face”.
The image data always contain information about the date and location of the recorded image (GPS coordinates). This information is presented in graphic form (as a Googlemap with markings) together with the images (photo or video) in the exhibitions of the project.
The comments can also be seen together with the images (photo or video) and can voluntarily be shown with the name of the sender. It is about “showing face” and about drawing attention to unacceptable circumstances in a manner oriented toward the common good in the sense of grass-roots, democratic, transparent participation.
There is no specified upper limit for the number of images and texts sent in, but this should be done within a reasonable scope, should conform with the contents and should observe the legally prescribed personal rights (among other things, only submit images with permission, no images of minors, respect people’s personal space and private sphere).
Using the app is free of charge. The app does not serve commercial purposes, but is exclusively part of the participatory art project of the same name by Costantino Ciervo.
1. General
“SendProtest” is an Internet-based participatory art project in connection with a mobile app and the website www.sendprotest.com by media artist Costantino Ciervo (www.ciervo.org), which includes a public, free-of-charge area.
With the help of the user, a successively growing database of photos and videos, with or without comments, will act as the basis for research work and exhibitions.
The “SendProtest” archive of images is a database in which all of the image files will be saved together with the sender’s GPS coordinates and the date the images were recorded. This database is freely accessible and can be viewed at any time in the archive on wwww.sendprotest.com
The collected image and text data of “SendProtest” exclusively serve the purpose outlined and agreed here.
“SendProtest” reserves the right to modify or add to the database software provided without prior notice.
A guarantee of the up-to-datedness, correctness and completeness of the information provided is not assumed. The app users involved in the project are responsible for the database contents.
2. Restraint on disposal, liability, exploitation rights and copyright
The “SendProtest” image archive will be made available by the provider on a server and can be accessed on the Internet. This access is provided in the form of read access and in the form of an expression of individual queries; any systematic storage beyond this of large parts of the dataset or of the dataset as a whole in electronic, electromagnetic or similar form is not permitted.
In the “SendProtest” image archive, only images and media files in the public domain and not protected by copyright are collected for research and exhibition purposes.
Any publication in print or in any other media does not require the explicit prior consent of the person who generated the image, irrespective of whether said person has acted anonymously or by name, or has created an own account.
The person who generated the image bears the sole responsibility for any texting/comments. “SendProtest” does not assume any liability for violations of the general press legislation, copyright or any general laws due to an infringement of what has been agreed here or due to a distorted use of texts and images.
If such rights are violated, the user alone is liable to pay compensation for damage vis-à-vis third parties and releases “SendProtest” from all claims by third parties to this end.
“SendProtest” will provide information on its homepage www.sendprotest.com about changes to content of the dataset available via “SendProtest”, in particular with respect to presentations of the materials as part of art exhibitions.
Users who enter themselves in the newsletter mailing list will receive this information automatically per email.
3. Uploading image data and deletion
“SendProtest” provides the users with an area where it can create and upload their own image data using a free-of-charge app that can be used unrestrictedly for research and exhibition purposes, but can also be made available to other people or all other users.
The user confirms that the publication does not violate the rights of third parties. A liability on the part of “SendProtest” in the case of violations of copyright or rights of use is excluded. If third parties assert a violation of their rights of this kind, the user releases “SendProtest” from all claims.
The user provides the images and comments free of charge and free of copyright for an exclusively artistic purpose.
The user ensures that s/he creates and uploads image and text material only in a responsible, non-abusive manner in adherence with ethical principles and netiquette.
Individual photos, videos or comments as well as accounts that incite people to racism, sexism, nationalism or homophobia and all contributions that attack human dignity, the principle of solidarity or social justice will be removed by the provider without notice.
The user has the option to report objectionable or unlawful contents in photo, video or commentary to the operator of SendProtest with a button integrated into the app. The operator of SendProtest is obliged to control reported offensive content and if necessary delete these posts or eject the user who provided the offending content within 24 hours.
4. Warranty, liability
“SendProtest” does not assume any liability for direct or indirect damage that occurs due to or in connection with information that is to be found in the “SendProtest” Web archive.
Berlin, 2018 ciervo@arcor.de