GENERAL TERMS & CONDITIONS (GTC)
- Introduction: this document stipulates our General Terms and Conditions (defined as “GTC”).
- Scope: by registering and using our platform, you agree to the rules of our GTC, as described and available in our website.
- Amendments: we may update the GTC at any time, with notice to all members. We provide the member with an internet platform and we are not accountable or liable for any agreements that members can make by communicating with other members using our platform. Our platform membership is free of charge.
- Ownership: trademarks, service marks, logos, and product names are under InArtist copyrights. You remain the owner of any intellectual property rights that you may have in your member content.
- General Content Terms: members’ content covers a wide range of arts and is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for minors; it is not allowed any commercial exploitation of any image or other content found in our we platform.
- Member Content and Communications:
- People & places: there are two types (i.e. “people” and “places”) of members with different rules and features.
- Any members: each user is solely responsible that his/ her content provided in the platform does not violate any laws or regulations. If a user finds contents offensive or objectionable, he should report it to InArtist through the contact form. Users are solely responsible for interactions with others.
- Registration & Membership Eligibility: each user guarantees that the information submitted to InArtist for registration is complete and truthful. The user shall not use pseudonyms or nicknames, shall use a recent and clear profile picture, shall keep the user’s profile up to date. By registering to use and while using the InArtist services, you agree that you are aware of certain feature including that our platform is not an e-Commerce website
- Other Websites & Services: we reserve the right to remove any offers, promotions, member privileges or events presented to you by us or our partner. They do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us.
- Disclaimer of Warranties: we do our best to keep all information contained in the InArtist platform updated. In no case is InArtist responsible for the accuracy of and opinions expressed in member-contributed articles and contents.
- Liability of InArtist: we shall not be liable for any consequential, incidental, or indirect damages unless those damages are caused by InArtist’s gross negligence or wilful misconduct.
- Indemnity: you agree to reimburse us if we get sued in accordance with your use of our platform.
- Promotions: if we offer promotions or contests, your participation is subject to the terms of our GTC and any official rules that we may post
- How to contact us: in case of questions, please contact us at firstname.lastname@example.org
InArtist (defined as “IA” in this document) is a private company registered as InArtist Organization, S.L, with Tax Identity Number (NIF) B67111203 and registered address in Barcelona. This document stipulates the General Terms and Conditions (defined as “GTC”) governing the use of www.inartist.org and our mobile applications (together defined as “IA platform”). If you would like to register as a member of the IA platform, please read carefully these terms. If you do not agree, please do not register or use this platform and do not upload any content.
- By registering to use, or using the IA platform, you acknowledge that you have read, understood and agreed to be bound by the following GTC, including any additional guidelines as found in the IA platform.
- These GTC are applicable to all services provided to the member or offered on the IA platform.
- The GTC shall also govern the interaction of users. No member shall claim rights under this agreement against other users without prior consent of IA.
- This agreement remains valid and binding as long as you use our services. You are not allowed to use our services if you are a person under the age of eighteen (18). Additional eligibility requirements may apply to some services, and we will notify you of those requirements in these GTC or otherwise in connection with those services.
- If you are using our services on behalf of a company or other entity, you represent and warrant that you are at least eighteen (18) years old, and that you are authorized to bind that company or other entity to these GTC, in which case the terms “you” and “your” in these Terms will refer to that entity.
- You will need to register for an IA account to use some of our services. You agree to provide only true and accurate information in connection with your account, and to update all such information as necessary to keep it accurate.
- The permission to register for an IA account and use our services under these GTC is exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your IA account, or any access to or use of our services, to any third party.
- We may reclaim or repurpose any URL on our services, at any time at our sole discretion, for any reason, including if we believe it is necessary to comply with the rights of a third party.
- Some of our services may be accessible on mobile devices. You agree not to use those services in a way that distracts you and prevents you from complying with any traffic or safety laws.
- You consent to receive communications from us electronically, and you agree that we may communicate with you by posting notices on our website and/or by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that all notices we provide to you by email will be considered received by you on the day that we send them. If you register for an IA account or otherwise provide us with an email address, you agree that we are not responsible for any automatic filtering that you or your network provider may apply to any email that we send to the email address you provided.
- English is the official language of the Website, as it is the most commonly shared language of IA Members, and thus the most inclusive language. It also facilitates site moderation, which ensures a safer community for all Members. We urge you to use English only and be respectful of all Members.
- IA reserves the right, at own discretion, to change, add, suspend, terminate or remove portions of these GTC at any time. In such cases, IA may provide notice to the members via email and/or his/her personal inbox in the IA website. The amendments to the GTC shall be effective from that point in time unless the member objects within two (2) weeks after receipt of the said notice by sending a message through our “contact form”, provided that IA has explicitly informed the member about the consequences of such non-objection.
- If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our services
- IA reserves the right to change or adjust membership criteria and/or to make changes in the existing membership at any time.
- Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.
- IA reserves the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, fee and all other aspects of any and all of our Services), in the IA website and/or mobile application, in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.
- IA will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our services or to these Terms, including any loss of business or the ability to use any product, service or content.
- IA provides the member with an internet platform aimed to bring together art amateurs, professional and/or entities linked to the art world. It provides services to facilitate connections and information sharing among members. This service as being made available via the IA platform includes upload, download, and posting options regarding materials and information which IA, the member, or other members want to share on the IA platform.
- IA is not accountable or liable for any agreements that members can make by communicating with other members through the IA websites. The same principle also applies to any agreements between members and third-party service providers embedded in or linked to the IA websites. Such third-party service providers are acting independently from IA, and IA does not accept any liability for third parties’ acts or omissions.
- All members register to the IA platform with a free membership (Basic Membership). IA reserves the right to introduce a paid Premium membership including additional features, and upgrade members from the Basic Membership to a Premium Membership (or vice versa) free of charge and/ or restrict and/ or upgrade and/ or downgrade members at any time. The terms of such restriction or upgrade shall be determined at the sole discretion of IA.
- Members can create and/ or join certain groups and forums on the IA websites. The member acknowledges that these groups may be established by other members and accordingly, the member curating and/ or moderating the respective group is free to choose whether other members may join or remain in the group. IA is not responsible or liable for the participation or any action of the member or any other members, including the group curator and/ or moderator, in the group.
- IA reserves the right to modify the services or to offer services different from those offered at the time of the member’s registration at any time provided such modifications are based on good reason and not unreasonable for the user.
- IA will make any reasonable efforts to maintain the IA platform available online without any unplanned interruption, even if members should consider the possibility of temporary interruptions when not caused by IA’s reasonable control..
- All content is owned by IA or by others who have licensed their content to us, and is protected by the National and International copyright laws, trademark laws, and/or other proprietary rights and laws. Our services are also protected as a compilation and/or collective work under the National and International copyright laws. The non-authorized use of the material and information content on the web site violates the legislation on intellectual and industrial ownership rights and other applicable laws
- The trademarks, service marks, logos, and product names displayed on or in connection with our services are the registered and unregistered trademarks and service marks of IA or third parties in Spain and/or other countries.
- As between you and IA, IA owns and retains, solely and exclusively, all rights, title, and interest in and to our services, the look and feel, design and organization of our services, all IA content, and the compilation of all content on our services, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
- These GTC do not grant you any ownership over any content, or any intellectual property rights in any content, although you remain the owner of any intellectual property rights that you may have in your member content.
- Neither these GTC nor your use of our services grants you any license or permission under any copyright, trademark, or other intellectual property of IA or any third party, whether by implication or otherwise. Except as otherwise provided herein, use of our website does not grant you a license to any content, features or materials you may access on our website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or materials, in whole or in part. Any commercial use of our website is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by IA. If you make use of our website, other that as provided herein, in doing so you may violate copyright and other laws of Spain, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
- These GTC do not grant you the right to use any of our trademarks, service marks, logos, product names, domain names, or other distinctive brand features in any way.
- We welcome feedback, comments and suggestions about our services through our “contact form”. However, you acknowledge and agree that we will have the right to use any and all feedbacks at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we will have no obligation to act on, use or respond to any feedback in any way.
- We reserve all rights not expressly granted to you in these GTC.
- Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.
- Subject to these GTC, you may access and view content within our services for your own personal, non-commercial use, in the context of your IA member experience, in accordance with the normal functionality and restrictions of our services.
- Some services may enable you to post, embed or transmit some content in a way that will be accessible to others on our services or in other locations online (such as other websites and social media services). You may use such services in accordance with their normal functionality and restrictions, as permitted by any applicable service terms. However, the availability of such services does not imply or give you permission to reproduce, distribute or otherwise use such content in any other way, whether on our services or in any other location.
- Except as expressly permitted by these GTC, you must not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any content in any way without express prior written permission from us or (as applicable) the appropriate third-party rights holder.
- Any commercial exploitation of any image or other content without express prior written permission from us or (as applicable) the appropriate third-party rights holder, including any commercialized reproduction, distribution, publishing, or creation of derivative works, is strictly prohibited.
- Any “Person” member registered on IA is responsible for the creation of groups, events and/or upload of his/ her own artworks (photos, videos, documents, audio files).
- People agree to keep their profile information up to date. In the case an artist cannot take care of his account and profile for a certain time, it’s his responsibility to update his availability status on the calendar provided by IA on personal profiles.
- Artworks are uploaded by a “Person” with no aim to be donated, sold or rented through IA platform.
- Unlike “People”, “Places” are non-physical person whose member is created by a person responsible to manage the right of a company/business (e.g. art gallery, museum).
- Any Place registered on IA is responsible for the creation of events and/or upload of its own artworks (photos, videos, documents, audio files).
- Art Place agrees to keep their profile information up to date. In the case an art lover cannot take care of his account and profile for a certain time, it is his responsibility to update his availability status on the calendar provided by IA on personal profiles.
- Artworks are uploaded by a “Place” with no aim to be donated, sold or rented through IA
- Some Services may enable members to submit, post, publish or otherwise provide member Content. Each User is solely responsible for all User Content (including content covered by intellectual property rights, like photos, videos and audio for example) provided on IA does not violate any law or regulation, or any right or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right.
- We do not endorse or make any representations or warranties of any kind with respect to any member Content and/or any statements, ideas, advice or opinions communicated on, through, or in connection with our Services (whether online, offline, orally, in writing or otherwise) by any User and/or third party, whether with respect to accuracy, completeness, truthfulness, reliability or otherwise. You acknowledge that any use of or reliance on any User Content and/or any such statements, ideas, advice or opinions is solely at your own risk.
- You acknowledge that we have no obligation to review or screen any User Content, and that by using our Services, you may be exposed to User Content that is inaccurate, misleading, offensive or otherwise objectionable.
- If the user finds contents offensive or objectionable, or a breach of the user’s or any third-party rights, or illegal in any other way, the user shall contact IA through the “contact form”. IA may investigate it and take any appropriate action, including, but not limited to issuing warnings, removing or blocking the contents, or terminating accounts and/or subscriptions.
- We reserve the right, but have no obligation, to monitor and/or review any and all User Content and/or communications transmitted on or through our Services, to enforce or investigate potential violations of these GTC or our other policies or agreements with users, to detect, prevent or otherwise address fraud, security or technical issues, or to otherwise administer, improve or operate our Services and/or customer support, without notice or liability, at any time at our sole discretion. We also reserve the right to access, preserve and disclose any information if we believe it is reasonably necessary to: (a) respond to claims against us or comply with any law, regulation, legal process or governmental request; (b) enforce or administer these Terms or our other policies or agreements with Users; (c) conduct customer support, or detect, prevent or otherwise address fraud, security or technical issues; or (d) protect or enforce the rights, property or safety of IA, you, or others.
- We reserve the right to remove or refuse to display any User Content on our Services, in whole or part, if we believe that such User Content may violate these Terms, the law or any third-party rights, or for any other reason, without notice or liability, at any time at our sole discretion.
- By submitting, posting, publishing or otherwise providing any User Content (including content covered by intellectual property rights, like photos, videos and audio for example) on or through our Services, you grant – or warrant that the owner of such Content has expressly granted – us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to show your User Content, in the IA platform and related services now known or later developed, for the purposes of operating, distributing, promoting, and improving our service. This License ends when you delete your content or your account. You represent and warrant that: (a) you own or otherwise control all of the rights to your User Content; and (b) the use of your User Content does not violate these Terms and will not violate any right of, or cause injury to, any person or entity.
- You also acknowledge that IA has the right to store all contents (in particular images, videos, text, etc.) uploaded or posted during the use of the IA websites in an electronic form.
- IA has the right to process the contents in a user-friendly form, make the same amenable for research and process the same such that other users can access the same at any time.
- The Member hereby acknowledges the right of IA to publish any photographs or video footage taken at IA Events on the IA platform approved by IA. Should the Member wish to refuse the same, the Member must clearly express this wish to the photographer or videographer at the Event. Should the Member wish to have IA remove a photograph or video already published on the IA platform, the Member have to contact IA through the “contact form”.
- Nothing in these Terms will restrict any other rights that we may have or later obtain with respect to Your User Content, such as rights under applicable laws or other licenses.
- We will not be liable or responsible for any User Content, or for any use of Your User Content by us in accordance with these Terms.
- Users are solely responsible for interactions with others. All users may arrange and attend online virtual meetings or in-person meetings with one or more individuals (including, but not limited to, artwork exchange meetings, merchandize selling, InArtist events, online conversations, etc.). They must comply with IA’s policies and acknowledge and agree to comply with the laws of the country in which the meeting occurs. Additional eligibility requirements for a particular group or meeting may be set by the users participating to this meeting.
- IA is not responsible of what is available on third parties links (ex. social networks, artist’s personal websites, etc.). Knowing we have no control on such external resources and sites, you agree that IA is not responsible of the liability of any content such as advertisement, products, information, etc.
- By using IA, you represent that you are of legal age to agree to these GTC and are not a person barred from receiving services under the laws of Spain or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself when asked on the IA’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or that AI has reasonable grounds to suspect that such information is incomplete, IA has the right to suspend or terminate your account and refuse any re-registration.
Registration & Membership Eligibility
- To sign up as a “Person” or “Place”, users must apply for membership by completing the registration procedure on the IA platform. By completing the registration procedure, the user consents to enter into this agreement to use the services. IA verifies and, in case, accepts this offer by activating the user’s membership and personal account.
- The user guarantees that the information submitted to IA for registration is complete and truthful. Misleading or false information is sufficient reason for us to terminate your account. IA reserves the right to verify the authenticity of your identity and personal profile information using publicly available records and by requesting from you proof of identification or other relevant documents. You agree that IA will have no liability arising from any information that is incorrectly verified.
- The user shall not use pseudonyms or nicknames, however, IA may allow exemptions at its sole discretion.
- The user shall not post on the IA platform (particularly as “profile picture”) any photographs identifying the user which are older than three (3) years or on which the user cannot be clearly and plainly recognized.
- The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that IA can establish contact at any time with the user via the contact details provided by the user in the user’s profile on the IA platform and/or via the personal inbox on the IA platform.
- IA reserves the right to refuse membership of any user for any or no reason.
- By having a membership account with the IA Service, you acknowledge that you meet our requirements for membership. As a Member, you may not have more than one membership account, nor may you open an alternative account if your membership is suspended, restricted or terminated for any reason. You may not share, sell, trade or transfer a membership account to another person, nor accept an invitation for or use an account that was not originally yours. If an account violates these conditions, the account will be terminated immediately.
- You are responsible for making all arrangements necessary, at your cost, for you to have access to the IA platform. You are also responsible for ensuring that all persons who access our platform through your Internet connection are aware of these GTC, and that they comply with them.
- During registration, the user must determine a password which they will use to identify themselves to access the IA platform, the services, and the user’s personal account. The user is responsible for keeping the password secret and preventing other persons from accessing the user’s account via this password. The user agrees to notify IA immediately of any unauthorized use of the user’s password or account or any other breach of security through our “contact form”.
- As far as the user is in breach of the provisions in this Section, IA shall be entitled to terminate this agreement for good cause with immediate effect, to block the user’s account and/or to prevent further use of the services and the website(s) by the user. Any other rights of IA shall remain unaffected.
- By registering to use, or using the IA Service, you represent that you have never been convicted of a felony and have never been required to or are not currently registered as a sex offender with any government entity. IA reserves the right to perform criminal background screenings to confirm your compliance with these terms.
- By registering to use and while using the IA Service, you are aware that IA is not an e-Commerce website and you represent that you are not buying and/or selling your products through our website.
- By registering to use and while using the IA Service, you represent that you are not a competitor of IA and that you are not using the IA Service for reasons that are in direct competition with IA.
- As a “Person” member of IA, you warrant that you are using the site as a private individual for private use, and not on behalf of or representing any form of a commercial entity, corporation or other business organization.
- As a “Place member of IA: businesses and other legal entities may use the IA Service only in the form expressly described in these GTC and only after IA approval of the Membership request
- Except with IA’s prior, written consent, you may not, directly or indirectly, use IA’s name in connection with any offline or online event.
OTHER WEBSITES AND SERVICES
- IA reserves the right to remove or cancel, at any time, any offers, promotions, member privileges or events presented to you by IA or any IA partner.
- Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
- You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.
- You acknowledge and agree that the IA Parties (defined in this site) are not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.
DISCLAIMER OF WARRANTIES
- To the best of our knowledge, all information contained in the IA platform published by IA is accurate and up-to-date at the time of publication. However, IA makes no claim that this information is complete, nor do we give any guarantee whatsoever on the accuracy of the content. While all our contents are reviewed regularly, some of the information might have changed since the time of publication or the last review. In no case is IA responsible for the accuracy of and opinions expressed in member-contributed articles and contents.
LIABILITY OF INARTIST
- Subject to the provisions set out in this section, IA shall only be liable for any damages, irrespective of the cause of action, including tort, which (i) are caused by negligent violation of an essential contractual obligation which have to be duly fulfilled for the achievement of the contractual purpose and on which fulfilment the User can rely on under normal circumstances, or (ii) are caused by gross negligence or wilful misconduct of IA.
- To the extent, IA is held liable under the preceding paragraph, IA’s liability shall be limited to those typical damages which IA could reasonably foresee at the time of execution of the agreement, based on circumstances known to IA at that time, provided, however, this limitation shall not apply if any damages are caused by IA’s gross negligence or wilful misconduct.
- IA shall not be liable for any consequential, incidental, or indirect damages unless those damages are caused by IA’s gross negligence or wilful misconduct.
- Nothing in this Section shall limit IA’s liability for personal injury and property damage claims based on the Spanish Product Liability Act.
- Under no circumstances will our total liability to you or any third party arising out of or in connection with these terms or our services exceed the greater of one hundred euros (€ 100,00) or the total amount you paid us (if any) to use our services in the six (6) months before the event giving rise to such liability.
- IA only provides the technical infrastructure which is necessary for its Users to communicate and interact with each other. Each User is solely responsible for his/ her behaviour and his/ her interaction with other Users. In particular, IA does not conduct a background check of its Users and does not verify any statement from its Users. Therefore, IA shall not be liable for any user’s behaviour and interaction with other Users.
- Furthermore, IA only provides the infrastructure for IA Users to organize Events (see inartist.org/guidelines/) or to interact with each other, but does not organize such Events with the exception for the Regional Vernissage events. These Events are solely organized by Event Curators (City Curators or Group Curators) on a voluntary basis. Therefore, save as stipulated otherwise herein, under no circumstance shall IA assume legal responsibility for damages related to such Events or to other interaction between its Users. Nor is IA legally responsible for the behaviour or actions of IA Users or any other attendees during such Events.
- Event Curators are in no way legally connected to IA, and, in particular, not employed by IA. Event Curators do not represent IA as vicarious agents. Thus, IA does not accept any legal responsibility and liability for damages resulting from the behaviour and actions of Event Coordinators. Nevertheless, these points shall apply, considering the respective differences, for the benefit of the Event Curators, with the addition that their liability for slight negligence shall be excluded in total. Nor are they legally responsible for the behaviour or actions of IA members or any other attendees during such Events.
- These limitations of liability also apply with respect to damages incurred to you by reason of any products or services sold or provided on any third party sites or otherwise by third parties other than IA and received through or advertised on the service or received through any third party sites.
- Some Countries or other Jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from Country to Country and Jurisdiction to Jurisdiction.
- You agree to indemnify, save, and hold IA, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, partners and their affiliated companies, contractors, employees and agents harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the IA Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein.
- IA reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify IA and its third-party suppliers, licensors and partners, and you agree to cooperate with IA’s defence of these claims. In particular, you shall indemnify and hold IA guiltless and not accountable for claims by third parties resulting from any illegal acts by the User, in particular with respect to contents provided by the User infringing third-party rights or otherwise illegal contents. In so far as such infringement of rights result in court proceedings, the User shall also bear the costs incurred by IA as a result, in particular court and attorney costs.
- IA will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. In any case, you agree not to settle any such matter without our prior written consent
- IA may offer or conduct promotions, sweepstakes or contests (“Promotions”) on or in connection with our Services from time to time, by ourselves or in conjunction with third parties.
- Your participation in Promotions is subject to these Terms and any official rules that we may post on our Services or otherwise make available to you in connection with Promotions (“Promotion Rules”). If any Promotions have Promotion Rules that conflict with these Terms, those Promotion Rules will control to the extent of the conflict as relates to those Promotions.
HOW TO CONTACT US
- If you have questions about these Terms or our Services, please contact us through our “contact form” or email@example.com.
- Address: InArtist Organization SL, Sant Joan de La Salle 42, 08022 Barcelona, Spain.
Barcelona, 23 May 2018.