This User Agreement (hereinafter “User Agreement”) governs the use and browsing of the site www.elartistaonline.com
(hereinafter the “Web Site”) by any individual or entity with legal capacity to hire which may access to the Web Site or which may use the Web Site and/or register as a User (hereinafter the “User”).
This User Agreement is mandatory and binding on the User and constitute a contract between him/her and the heads of “EL ARTISTA ONLINE” (hereinafter “EL ARTISTA ONLINE”).
If the User does not agree with these provisions, he/she should refrain from using and accessing the Web Site and its contents and from using the services provided by EL ARTISTA ONLINE. The acceptance of This User Agreement implies that Users have read them and understood them prior to their registration.
1. - Legal Capacity.
Services provided by EL ARTISTA ONLINE may only be used by individuals with legal capacity to contract and by representatives of legal entities authorized under the existing legislation in this area, to recruit on their behalf. The services of Web Site are not available for those who do not have legal capacity to contract, nor for minors or for any User of EL ARTISTA ONLINE who has been disqualified to operate the Web Site.
2. - Term of the Contract.
This User Agreement governs the relationship between EL ARTISTA ONLINE and the User since the registration at the Web Site and for a period of indefinite duration. Users may request termination of this Agreement at any time within the period of effectiveness of the present. If a User decides so, he/she shall communicate this decision to EL ARTISTA ONLINE by sending an email to email@example.com
, or through any other mechanism made available for such purpose by EL ARTISTA ONLINE on the Web Site.
Furthermore, EL ARTISTA ONLINE reserves the right to terminate the contract with any User without cause whatsoever. EL ARTISTA ONLINE shall communicate such decision by sending an email to the address reported by the User on registration on the Web Site, or by unsubscribing the User from the Web Site, without it supposing any User’s right to make any claim against EL ARTISTA ONLINE.
3. - Amendments to the Contract.
This User Agreement may be amended or replaced at any time in the sole discretion of the heads of EL ARTISTA ONLINE and it does not require the consent of the User. The amendments to This User Agreement shall be effective after 10 (ten) days from its publication in the Web Site and/or the communication made for this purpose by EL ARTISTA ONLINE. The use of the Web Site made after said period by the User constitutes express acceptance of the same, therefore the User is responsible for reading them carefully each time he/she access the Web Site to verify that no changes have been made.
If the User does not agree with the amendments made to the User Agreement, he/she may stop using the services of EL ARTISTA ONLINE and/or cancel the registration on the Web Site.
4. - Validity of provisions of the Contract.
If one or more provisions of This User Agreement are declared invalid by any authority or jurisdictional body, such invalidity shall not affect the validity of the remaining provisions of This User Agreement, which shall remain in full force and effect.
5. - Lack of business relationship.
The acceptance of This User Agreement shall not be construed as a license agreement, company, office, agency, services agreement or any other type between the User and those responsible for EL ARTISTA ONLINE.
6. - Registration.
Users may explore the Web Site freely, but they need to be registered to use some of the sections thereof. User's registration is done by accessing the Web Site to the corresponding section. The registration is free of cost. For the purposes of registration, it will be necessary to complete the form in all required fields with valid and genuine data, accurately and precisely. The optional fields will be marked as such and will be completed at the sole discretion of the user. Users must keep their data updated for proper operation of the system. EL ARTISTA ONLINE may proceed to verify the identity of the Users and/or of the data entered by them. If the User sends emails to EL ARTISTA ONLINE and/or its contractor in the administration of the Web Site, EL ARTISTA ONLINE may keep these emails. Emails with suggestions and/or questions and/or those pursuant to terms of promotions or contests, newsletters, advertising or required information, which are sent by the Users to EL ARTISTA ONLINE shall not be deemed confidential.
EL ARTISTA ONLINE is not liable for the accuracy or veracity of the information provided by the User. In addition, EL ARTISTA ONLINE reserves the right to reject applications for registration if the data entered by the User is false or do not belong to the person who entered it, among other assumptions.
7. - Obligations of Members.
The User agrees to use this Web Site responsibly. Specifically, Users' obligations include but are not limited to the following list: a) to use the Web Site in a diligent, proper and legal way, b) to ask questions or to provide answers using a respectful language, free from insults and/or grievances to other Users and/or to third parties, c) to refrain from using any content of the Web Site in any form or for purposes contrary to law, generally accepted principles and good habits and/or public order; d) to respect the rights regarding intellectual and industrial property on the contents; e) to comply with all and each of the rights arising from the ownership of the Web Site and of its contents, in accordance with the provisions of the relevant parts of This User Agreement; f) to enforce this Agreement in its entirety.
7.1. Obligations of the User-Seller.
The User who publishes items for sale in the Web Site is obliged: a) to be the holder of the intellectual property rights of the published item or to have the authorization of the owner for publication on sale; b) to publish the item for sale in the appropriate category of the ones disposed by the Web Site, c) to publish a photo corresponding to the item, d) to state the price of the item in legal currency and with taxes included, e) to include detailed, true and accurate information in the publication of the item on sale and to include the purchase conditions, f) to answer, completely and correctly , the questions made by the Users interested in purchasing the item, g) to pay in due time and form the corresponding consideration for the provision of services to EL ARTISTA ONLINE, h)El Artista Online has a return policy. If for any reason, the User-Buyer is not completely satisfied, has a period of 7 days notice. In this case, the artist must refund the amount paid, less shipping costs. For more information on services rates, click here
7.2. Obligations of the User-Buyer.
The User who buys a published item is obliged: a) to contact the User-seller for the deal, b) to pay the User-Seller the price published by him/her in the Web Site, plus customs charges and shipping costs User-Seller has incurred c) to require delivery, invoice or sale slip against payment of the item in conformity with the current tax legislation, d) to agree with the User-seller the payment method to be used, e) to inform to EL ARTISTA ONLINE of any irregularities that may have occurred in the sale transaction to enable EL ARTISTA ONLINE, if it considers so, to take appropriate measures regarding the User-seller.
8. - Service provided by EL ARTISTA ONLINE.
The service provided by the head of the Web Site is to provide Users-sellers with a virtual space for publication of items on sale and to facilitate their contact with potential Users-buyers. EL ARTISTA ONLINE plays no part in negotiating the terms of the transaction or the improvement of the same.
EL ARTISTA ONLINE does not own or have possession of the items that users publish for sale on the Web Site, and therefore may not guarantee the availability, quality and/or legibility of the same, nor the veracity or accuracy of the information published by the Users, nor the legal capacity of the Users to contract.
Therefore, Users acknowledge that EL ARTISTA ONLINE shall not be liable in any case by the performance of the obligations that correspond exclusively to each of the Users regarding the items published for sale, the content and the information of any kind that Users may include in the publications and regarding the refinement of the operation, delivery of the item, warranty, payment of the same, etc.
The User agrees that the lack of action by those responsible for EL ARTISTA ONLINE in case of breach or violation of the provisions of the User Agreement does not imply compliance with such attitude.
9. - Indemnity.
The User agrees to indemnify EL ARTISTA ONLINE, its partners, representatives and/or employees, in case another User or any third party files a claim or an out-of-court action, administrative action and or legal action against EL ARTISTA ONLINE, due to actions and/or omissions of the User or due to any act connected with the User and/or with his/her activity in the Web Site.
10. - Liability for Use of the Web Site:
EL ARTISTA ONLINE implements by itself or through third parties security measures to the Web Site. However, EL ARTISTA ONLINE does not guarantee conclusively that the Web Site is free of virus, worms or any other computer characteristic or element that may destroy, damage, or alter the ordinary functioning of a computer or system. It is the sole responsibility and obligation of the User to have the appropriate tools to detect, disinfect and remove virus and worms, and to clean and/or prevent any kind of elements and/or possible damages of this nature.
EL ARTISTA ONLINE is not liable for any damage that may occur in the computers of the Users or of third parties as a result of browsing the Web Site.
In no event shall EL ARTISTA ONLINE be liable for direct, indirect, special, moral, exemplary, consequential or any other kind of damages, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, regardless of the type of action (including but not limited to contractual actions, negligent actions, or any other type of detrimental tort actions) arising from or related to its use or access to the Web Site or its contents, even if EL ARTISTA ONLINE or its partners, employees, agents or affiliates may have been advised of the possibility of such damage or loss.
11. - Liability for content and/or opinions:
Neither EL ARTISTA ONLINE publishes the items for sale in the Web Site, nor incorporates the information or content (photos, videos, etc.) in these publications, being this the solely competence of Users.
Therefore, EL ARTISTA ONLINE is not liable for the decisions made on the basis of the information or content provided on the Web Site, or for the damages that may occur to the User or to third parties due to decisions based on the information provided by both, the Web Site and in those linked through links or hyperlinks.
Those responsible for EL ARTISTA ONLINE do not necessarily share the opinions that the members may discharge on the same and/or in the Forums, nor are they responsible for their consequences or interpretations. However, EL ARTISTA ONLINE shall be entitled to remove the opinions or information that contain insults which undermine respect for people through the content or form; that contain information, email addresses, phone numbers or Web addresses added for business purposes; or having an excessive length.
12. - Prohibitions.
Users' prohibitions include but are not limited to the following list: a) to send files or any other type of information whose content is obscene, abusive, defamatory, libellous, pornographic or contrary to morals and good customs; or send or play files in violation of intellectual property rights of third parties; b) to violate any applicable law, whether international, national or provincial, and whatever its nature may be; c) to send files that contain virus, worms or any other characteristic that may destroy or damage the operation of any computer, the Web Site or system; d) to use the Web Site to violate any current regulation; e) to enter false information when registering or in any other time when any kind of information or personal data may be required; f) to offer services; g) to use software, or automatic or manual devices to monitor or copy the information or any kind of content of the Web Site; h) to carry out actions which restrict, refuse any individual, group, entity or organization to use the content offered through the Web Site or which prevent them from doing so; i) to attempt to violate the security and authentication system of the Web Site; j) to obtain or attempt to obtain any kind of material or content accessible through the Web Site using procedures or means others than those, depending on the case, indicated or made available to the User; k) to violate, or to attempt to violate the security of the Web Site or services. Such violations may result in criminal and civil liability for the User. EL ARTISTA ONLINE may investigate, if necessary, any alleged violation and, if there exists suspicion of a criminal offense, we will work together with the authorities responsible for the enforcement of legislation in the investigations undertaken. We can mention the following examples as violation of security: to access or to try to access to a server or account in which you are not authorized to access; to access to information or to take action to obtain services that are not designed for you or that are not designed to be used; to try to probe, scan, or test the vulnerability of any system, subsystem or network; to manipulate, hack, modify or otherwise corrupt or breach security or authentication measures without the corresponding authorization; l) to send spam or similar unsolicited emails, mass commercial advertising, or chain letters to one or more email groups; m) to engage in conduct that may harm or prevent the ordinary operability of the Web Site or to impersonate individual persons or supplant entities or to provide misleading or false information about your identity or affiliation, or to alter any part of the heading of a TCP/IP package in any email or through any other computer means, or to undertake online marketing activities or to assist or permit any person undertaking any of the activities described above.
13. - Privacy of personal information.
, which is an integral part of This User Agreement.
14. - Intellectual and industrial property.
Rights reserved. This Web Site and all its contents, including page design, domain names, trademarks, trade names, texts, graphics, logos, images, icons, software, products and services, as well as the copyright, etc., are protected by current legislation on intellectual and industrial property. For this reason, they cannot be exploited, copied, distributed, played, modified, altered, transferred, nor disclosed publicly, except with prior written consent of the owner of the rights.
The material referred to in the preceding paragraph is directly or indirectly owned by those responsible for EL ARTISTA ONLINE in their capacity as owners or authorized licensees. User is warned that the unauthorized use of the above mentioned material implies a violation of the legislation and those responsible for EL ARTISTA ONLINE reserve the right to pursue the legal actions that may correspond in conformity with law (both, private and criminal law) against perpetrators who infringed or violated the rights protected by this point and any other of the User Agreement.
The fact that the User may access to this Web Site, does not grant him/her license or ownership rights whatsoever over the rights of intellectual and industrial property of the content.
If the User considers that there is a violation or an attempt in any way on intellectual property rights of third parties in the Web Site, he/she must immediately notify by email to the heads of EL ARTISTA ONLINE, attaching the information and documentation necessary to support the above consideration. In the event that EL ARTISTA ONLINE may confirm said situation, the information in dispute shall be submitted for analysis for possible removal.
15. - Advertisements and links.
The Web Site may eventually have ads, links, and links of third parties. When the User accesses them and explores other sites which do not belong to those responsible for EL ARTISTA ONLINE, the User shall be subject to the User Agreement of said sites and he/she must read carefully their policies on access and use.
Those responsible for EL ARTISTA ONLINE exercise no control over these sites or their contents, and therefore, they assume no liability nor guarantee the legality, timeliness, quality and usefulness of the content, operations and information communicated, played and/or added in third-party linked sites, nor guarantee the absence of harmful content in such sites. Therefore, the User disclaims all liability for EL ARTISTA ONLINE regarding contents included in the aforementioned sites or services that they provide or promote.
The presence of ads and links on the Web Site has informational purposes only and in no way implies a suggestion, invitation or recommendation of the same.
The Web Site may contain links to other sites which are not part of EL ARTISTA ONLINE and which are operated by third parties with no connection at all with EL ARTISTA ONLINE. The presence of such links does not imply the existence of corporate or commercial relationship or of any other kind of relationship with EL ARTISTA ONLINE.
16. - Termination and interruption of the Web Site.
Those responsible for EL ARTISTA ONLINE reserve the right to suspend discontinue or change at any time the content offered in this Web Site, whether permanently or temporarily. Neither the agreement of the User, nor previous notice whatsoever shall be required. Permanent access or use of EL ARTISTA ONLINE is not guaranteed, as it may be interrupted for maintenance or technical issues, unrelated to those responsible for EL ARTISTA ONLINE. The heads of EL ARTISTA ONLINE are not responsible for damages of any kind that Users may experience caused by failure or lack of proper connection of telecommunication networks and which may cause the interruption or cancellation of the information and of the content provided on EL ARTISTA ONLINE, either while browsing in the same or before doing so.
17. - Jurisdiction and applicable law.
This User Agreement is governed without exception and in all respects by the Argentine legislation and they shall be construed in accordance to it. In case of dispute, disagreement, or conflict arising from the interpretation, validity, scope and/or applicability of This User Agreement, the User will reliably contact those responsible for EL ARTISTA ONLINE, forwarding his/her claim, for the parties to make a settlement within thirty calendar days from the notification of the dispute. If it is not possible to arrive to an amicable solution within said period, the parties shall be submitted to the ordinary courts of the City of Buenos Aires, Argentine Republic, with jurisdiction over the area.
Last modified: December, 18th, 2012.
applies to all users of the Web Site since acceptance and is valid from March 16, 2011.
1. General Provisions.
2. Collected data.
By registering the User on the Web Site, EL ARTISTA ONLINE may ask certain personal information through the corresponding form, such as, your name and surname, sex, date of birth, national identity booklet number or taxpayer identification number or tax ID code, marital status, nationality, country of residence, province, postal code, telephone number, email account, and certain employment and academic data, among others, without which it would be impossible to interact, access to exclusive content and make the most of the Site. Thus, it is required that they be true and accurate, otherwise the user will be solely responsible for any damage that the User may cause to EL ARTISTA ONLINE or to third parties.
3. Information management.
EL ARTISTA ONLINE shall use the information for the following purposes: a) facilitate contact between Users (buyers, Artists and Galleries) through their email addresses in order to buy and sell goods, b) identification and authentication, c) improve services, d) statistic purposes and e) anonymous reporting.
Personal data shall not be disclosed or used for a purpose other than the one taken into account when entered to the database or in consistency with it.
EL ARTISTA ONLINE employs other companies and individuals to perform tasks or functions on its behalf. As an example of this type we can mention sending letters and emails, removing repetitive information from the lists of users, analyzing data statistically, etc. Said persons have access to personal information needed to perform their duties and functions, but they may not use it for any other purpose.
If it were a direct communication of an advertisement not required or accepted by the User previously, EL ARTISTA ONLINE shall prominently warn that this is an advertisement.
In case of transfer or use for a different purpose, EL ARTISTA ONLINE shall ask users for their free, express and informed consent. EL ARTISTA ONLINE shall not seek consent for treatment or transfer of your personal information upon obligation to comply with a state order or before a legal obligation. If data is required by the corresponding law, administrative, or judicial mean, EL ARTISTA ONLINE shall be compelled to reveal them to the requesting authorities.
It is noted that EL ARTISTA ONLINE has hired the company GoDaddy.com, Inc. to host the Site and, therefore, the personal generated databases.
The data collected by the site shall be included in a database. EL ARTISTA ONLINE is responsible for this database. Said personal information is completely confidential and EL ARTISTA ONLINE shall take security measures to prevent unauthorized use in accordance with the provisions of Act 25326 on the Protection of Personal Data.
5. Registration of the Database:
The Database of EL ARTISTA ONLINE is registered with the National Directorate for Personal Data Protection, Ministry of Justice and Human Rights Presidency of the Nation (Argentine Republic) under registration number No. 28193, in compliance with section 3 of Act 25326.
The National Directorate for Personal Data Protection, Control Authority of Act No. 25326, has the authority to address complaints and grievances that are filed in connection with the breach of the rules on personal data protection. www.jus.gob.ar
The User has the power to exercise the right of access to their data for free at intervals of not less than six months, unless a rightful interest is proved as provided by section 14, paragraph 3 of Act No. 25326. The National Directorate for Personal Data Protection, Control Authority of Act No. 25326, has the authority to address complaints and grievances that are filed in connection with the breach of the rules on personal data protection. Furthermore, it is stated that the holder of the data may at any time request the removal or blocking of his/her name from the database (Act 25326, section. 27, paragraph 3). This is carried out in compliance with the provision of Decree 1558/2001, section 27, paragraph 3, which states that “the possibility that the holder of the data has to request removal or blocking of all or part of its name from the database must be indicated, expressly and prominently in any communication for purposes of advertising made by mail, telephone, email, Internet or other means to be known. At his/her request, the name of the person or user of the database who provided the information must be reported.”
The following procedure should be taken into consideration for the User to exercise his/her right of access, ratification, updating, deletion and confidentiality of personal data:
1. the manager and handler of the database is EL ARTISTA ONLINE. The request to obtain information, rectification, updating or deletion of personal data must be made effective by a note to the email address firstname.lastname@example.org
2. Once the request is received, EL ARTISTA ONLINE shall answer it in an accessible and understandable language, upon confirmation of identity, within ten (10) calendar days in case of request for information, while in case of request for rectification, updating or deletion the manager will have five (5) working days to answer.
3. The information may be denied if so could hamper judicial or administrative proceedings in progress.
4. In case data of people already dead is required, the applicant must prove the relationship by an authentic document to confirm the status of universal successor of the deceased.
5. In any case, the report may reveal information pertaining to thirds parties.
6. EL ARTISTA ONLINE shall report as precisely and clearly as possible and answer in accordance with the preference that the applicant has expressly stated in his/her application.
8. Security - Password.
EL ARTISTA ONLINE constantly deals with the maintenance of the security of personal information provided by Users by implementing technical and organizational measures to ensure the security and confidentiality of data and by trying by all means to prevent unauthorized access to them. EL ARTISTA ONLINE employs appropriate technologies and various procedures for such purpose. However, given the current state of technology, EL ARTISTA ONLINE cannot guarantee that unauthorized access will never happen. The User must maintain absolute confidentiality regarding the password of his/her account at the Web Site, being him/her solely responsible for access by third parties and all measures taken. EL ARTISTA ONLINE advises the Users to enter an alphanumeric password with a high degree of security and with no relation at all with information about them in order not the allow third parties to deduce it. Furthermore, EL ARTISTA ONLINE recommends USERS to change the password periodically and that does not match the password for the email address you entered as the user name or any other email account
10. Recommend this page to a friend.
Users may use this service of EL ARTISTA ONLINE, indicating name, surname and email address of the recipient of the recommendation of the Web Site, data which will not be saved by EL ARTISTA ONLINE.
The use of this service must be exercised by the User in compliance with the applicable regulations regarding the protection of personal data. EL ARTISTA ONLINE prohibits the User to use it indiscriminately and/or to make recommendations en masse of the Web Site and/or to send emails to individuals who have requested not to receive such messages.
EL ARTISTA ONLINE is empowered, in such cases, to temporarily suspend or disable Users responsible for causing damages.
11. Forum– Questions and Answers from Users.
Users may use the mechanisms of making questions and giving answers though the Web Site of EL ARTISTA ONLINE, and use the Web Site Forums, in all cases solely for the purposes intended by the Web Site in each case, being it prohibited to include personal information about themselves or about third parties, as well as any information or content that is contrary to the User Agreement
of use, to these policies, to law, to morals and good customs, or which may in any other way cause damages of any kind to third parties.
EL ARTISTA ONLINE is empowered, in such cases, to temporarely suspend or disable Users responsible for causing damages.
EL ARTISTA ONLINE may enable the User-seller to make an auction for his/her item, in which case the Users authorize EL ARTISTA ONLINE to provide the User-seller of the item in auction, the information to contact the potential buyer who entered the offer in case this offer is approved, which shall be informed to the User-buyer through an email sent by EL ARTISTA ONLINE.
Last modified: December, 18th, 2012.