GENERAL TERMS AND CONDITIONS OF USE FOR MEETINARTS
1. IDENTIFICATION DATA
In compliance with the duty to inform contained in Article 10 of the 34/2002 Law of 11 July, regarding Information Society Services and Electronic Commerce, the following information is indicated below: the owner of www.meetinarts.com (hereinafter, the Site) is Meetinarts Network, S.L., with Tax Identity Number (CIF) B-86291580 and registered address at Lazarejo 13, Las Rozas, 28232 Madrid, registered in the Madrid Company and Trade Registry, Volume 29223, Sheet 72, Page M-526105, first entry.
This document stipulates the terms and conditions which govern the use of the Meetinarts website (hereinafter, the Terms and Conditions). Accessing and/or using the Meetinarts website is voluntary. When an individual or a legal person accesses or uses the website and creates a profile, or interacts on Meetinarts or participates in any way via the tools offered by Meetinarts, they become a user. If it is a legal person, the representative of this person will be responsible for their profile and activities on Meetinarts.
When a user uses Meetinarts, he/she agrees to be bound by these Terms and Conditions. Said Terms and Conditions may be modified and those which are applicable will be those valid when the website is used.
Individuals under 14 years of age must obtain permission to use Meetinarts from their parents, guardians or legal representatives, who shall be held liable for all activities undertaken by minors.
3. INTRODUCTION TO MEETINARTS
(I) Professional Connections: Meetinarts aims to bring artistic talent and the art industry together, creating a meeting point for professionals from the art world and linking supply with demand. Meetinarts provides users with a tool to facilitate connections in the art world and enable artists, professionals and companies related to any artistic discipline to share their professional backgrounds, search and communicate with others via the Meetinarts platform. Tools based on software that publishes content of artistic interest is made available to users, and enables users to be found easily using different criteria.
(II) Professional Opportunities: Meetinarts provides the TAKE PART tool via which any Meetinarts user can create Calls for Submissions aimed at art professionals in the form of Castings, Competitions, Contests, Auditions, Professional Opportunities, or any other type, the aim of which is to select one or more professionals in order to offer them an interesting professional opportunity. The creation of calls for submissions or the taking part in them will entail the acceptance of these terms and conditions, as well as accepting the GENERAL TERMS AND CONDITIONS FOR THE CREATION/CONVENING OF PROFESSIONAL CALLS FOR SUBMISSIONS IN MEETINARTS VIA “TAKE PART” set out in ANNEX I to these Terms and Conditions.
All users have access to a basic subscription to Meetinarts, free of charge.
Once registration has been completed, the user is given the non-transferable and non-exclusive right to use the Meetinarts website, solely for his/her own purposes, in accordance with these Terms and Conditions. Any other use of the Meetinarts website or of any part of its contents which is different than the use detailed herein will require the express prior written consent of Meetinarts. In particular, this applies to reproducing, transferring, distributing or making Meetinarts software or any copies or parts thereof available to third parties. This equally applies to the content uploaded to Meetinarts by users.
Exclusion of Guarantees.
Meetinarts reserves all rights to change, interrupt or discontinue all or part of the individual options of its website, whether on a temporary or a permanent basis, with or without having to notify the user.
Meetinarts will make all reasonable efforts to make sure that its website is available 24 hours a day and seven days a week and to guarantee optimal accessibility to its server. However, Meetinarts would like to expressly state that it cannot guarantee that the website will be available 100% of the time.
Scope of Application.
In any case, the user will be held liable for the truthfulness of the information provided. He/she will be equally responsible for the communication of any modification to said details to Meetinarts and Meetinarts will be held harmless from any form of liability to this regard.
Meetinarts complies with the Organic Law 15/1999 of 13 December on Personal Data Protection, the Royal Decree 1720/2007 of 21 December, which approves the Regulation on the development of the Organic Law and other regulations in force, and ensures the proper use and treatment of the user’s personal data. Meetinarts cannot guarantee the absolute impregnability of the Internet and hence the violation of data via the fraudulent access to said data by third parties. Nevertheless, Meetinarts shall adopt the technical and organisational measures within its reach in order to guarantee the security of personal data and thus prevent it from being modified, lost, treated or accessed without prior authorisation, taking into consideration the state of technology.
5. INDUSTRIAL AND INTELLECTUAL PROPERTY
Meetinarts Intellectual Property.
All Meetinarts content is protected by copyright. Copying any content is prohibited, particularly copying the profiles of users and publishing it anywhere else, without the prior written consent of Meetinarts. All copyrights, registered brands and other intellectual property rights relating to the materials on the Meetinarts website are owned by Meetinarts.
In no event does registering with and using Meetinarts constitute a transfer of ownership, rights of use, licences or other rights owned by Meetinarts to the user.
User’s Intellectual Property.
The user is the only person responsible for the content available to be published on Meetinarts. By registering and publishing content which is subject to intellectual property, the user agrees that he/she has obtained the appropriate licences from the owners of the work, and that it has all the rights or authorisations required in order to publish said works. Should there be any doubts with regard to the legitimacy of the works which you would like to upload to your Meetinarts profile, we advise the user not to upload them.
On publishing contents on their profile, the user retains all of his/her rights of said contents and grants Meetinarts a non-exclusive, free and global right to reproduce and publicly communicate said details with the purpose of managing the Meetinarts service. This licence will end when the user requests that his/her Meetinarts profile be definitively unsubscribed. The user also agrees that the contents published on his/her profile may be shared, from Meetinarts, by other users in other social networks or other Internet platforms. The user likewise undertakes to hold Meetinarts harmless for such use. Said licence shall end when the user requests that his/her Meetinarts profile be definitively unsubscribed.
The user is responsible for all contents he/she provides and will hold Meetinarts harmless from any request, complaint or similar by third parties with regard to the intellectual property of any content.
Complaints or Withdrawal Procedure.
Should the user believe that another user is carrying out any form of illegal activity on Meetinarts or that specific content on Meetinarts violates any personal or third party right, he/she should immediately notify said situation to Meetinarts, by writing to firstname.lastname@example.org, providing all available information within 10 days and accrediting, if appropriate, the ownership of the content, so that Meetinarts can evaluate the benefit of removing or not removing the content that is the subject of the complaint or taking some other form of action. Meetinarts shall evaluate the situation based on all information available, and will make the most appropriate decision in accordance with the law.
Meetinarts acts merely as an intermediary between its users, providing them with access to its Website. Meetinarts does not assume any form of liability, whether direct or indirect, based on users' incorrect use of the Service, of the Website or the contents located therein.
Meetinarts does not control or examine the legality of all its contents, information, images, etc. which it communicates via its platform, however, it reserves the right to delete that which it considers to be inappropriate and/or which violates third party rights or that of decorum and good image. The user is the only person liable for the data, information, images, opinions, references or contents of any type which he/she places, transmits, publishes, places at the direct disposal or indirectly exhibits via the works that he/she includes on Meetinarts and more specifically, he/she will be the only person responsible for the maintenance of their profile and the information displayed therein.
6. UNSUBSCRIBING FROM MEETINARTS
The user will have the possibility to definitely deactivate his/her Meetinarts account, with their data being permanently deleted from Meetinarts which means that it will not be possible to recover such data.
7. LEGAL DISCLAIMER
In no event shall Meetinarts be held liable for any damages of any form that could occur, including, but not limited to, errors or omissions in the contents, inability to connect to the portal or the transmission of viruses or malicious or harmful programmes in the contents, despite having adopted the technological measures necessary to avoid them.
Meetinarts shall in no case be responsible for the works, opinions or comments which are included in the user's contents or made by the user, and the latter undertakes not to publish works, comments or actions: (i) which are defamatory, inaccurate, false, abusive, injurious, obscene, irreverent, offensive, insulting, or of an expressly sexual, threatening, harassing, racist, sexist or discriminatory nature, or any other reasons, which are against morality, public order, basic rights, civil liberties, honour, privacy or the image of third parties, and, in general, the regulations in force, and/or illegal activities or infractions of third party rights, (ii) which are junk mail transmissions, SPAM, commercial messages, or bulk mailings which are unsolicited, false, fraudulent or which promote illegal activities or foul, threatening, obscene, defamatory or abusive behaviours; (iii) which supply practical information on illegal activities; (iv) which entail any form of advertising or marketing activity, even if no financial compesantion is inteded; (v) which contain personal data regarding third parties which require the consent of the holder of the rights. The user will be held liable to Meetinarts or any third party, for any damages which could be caused as a result of the non-compliance of said obligations. Meetinarts will delete or will not publish works that contain comments or opinions that do not comply with the aforementioned terms, and shall not be liable for the content that may be displayed by Meetinarts users.
8. APPLICABLE LAW AND JURISDICTION
The relationship with Meetinarts shall be governed by the Spanish legislation in force, and any dispute shall be submitted to the Courts and Tribunals of the City of Madrid, Spain.
An Organiser shall be any user who organises a professional call for submissions on Meetinarts. This document sets out the terms and conditions which govern the use of the Meetinarts TAKE PART tool and the relationship between the Organiser, the Meetinarts user and Meetinarts.
The creation of Calls for Submissions entails the acceptance of these terms and conditions.
Nature of the Tool
The TAKE PART tool's objective is to create Calls for Submissions aimed at art professionals in the form of Castings, Competitions, Contests, Auditions, Professional Opportunities, or any other type the aim of which is to select one or more professionals in order to offer them an interesting professional opportunity.
Creating a Call for Submissions
The organiser and the call for submissions' users automatically accept the terms and conditions of use of the TAKE PART tool.
The creation of a call for submissions entails the temporary authorisation to use the TAKE PART tool and, in no case, does it entail the acquisition of any copyright on the tool or on its contents, the owner of which is Meetinarts. Likewise, the Organiser will not hold - at any time - any rights over the contents which are presented by the participants to the call for submissions, save if applicable, for that which is set out in the terms and conditions of the competition.
The Organiser must provide the information required in order to create the Call for Submissions, which will be divided into the following sections:
- General Information: name of the call for submissions, image of the Orgnaniser and of the call for submissions, description and requirements thereof. In this section, the Organiser must attach the Terms and Conditions which will govern the call for submissions.
- Registration Fee: The Organiser may indicate that in order to Take part in the call for submissions, the interested parties must pay a registration fee to the Organiser. In such case, the Organiser must link the call for submissions to a PayPal account of the Organiser.
- Terms: The Organiser will select the starting and closing date for the registration period, as well as the date in which the results will be disclosed.
- Awards: Calls for Submissions on Meetinarts must be created with the aim of generating an interesting professional opportunity for the participants it is aimed at. The TAKE PART tool may not be used to promote products, save for when these are working tools of those professionals at whom the call for submissions is aimed.
- Selection of the Judging Panel: The Organiser may choose among the following selection methods:
- Judging Panel. The Organiser will invite those persons or entities he/she wishes to be part of the Call for Submissions judging panel. The judging panel must fulfill the selection criteria which have been agreed with the Organiser and be independent in their selection.
- Social Vote: The Organiser may select the social vote whenever he/she wishes for the public to be the one selecting the favourite participant. In this case, the Organiser will need to think what to do in the event of a draw.
- Any person - whether a Meetinarts user or not - may vote at those calls for submissions whose social vote is open, and can do so either via an mail and a password, or via their Facebook, Twitter or Google + account
- Judging Panel+Social Vote: the Organiser may choose both selection methods, and attribute to each one the value and preference which is determined in the terms and conditions.
Review by Meetinarts: Once this information has been provided, Meetinarts will need to review the Call for Submissions.
Meetinarts will review each call for submission which has been created before the user proceeds to make payment for it.
Should Meetinarts have reason to believe that a call for submissions does not comply with these terms and conditions, it will request it to be modified in order to then be approved and activated. Meetinarts may finally refuse a given call for submissions should it not comply with the terms and conditions and with the type of calls for submissions typical of Meetinarts.
Payment Details: Once the call for submissions has been approved by Meetinarts, the Organiser may proceed to make payment for it and to activate it. He/she may choose, depending on the number of calls for submissions he/she wishes to create, from the basic, the standard and the full pack.
The Organiser may also:
- Promote the call for submissions among all Meetinarts professionals, or among all professionals of a certain given art discipline
- Create a microsite in order to integrate the call for submissions on his/her website.
- Include it on his/her Facebook page.
The characteristics and price schedules available in TAKE PART may be consulted at any time at: http://meetinarts.com/terms-of-use/
All payments shall be made via PayPal, which means that Meetinarts will not know the Organiser's bank details nor will it have any information regarding the managing of payments.
Meetinarts accepts no responsibility regarding any payments made via PayPal.
Once the payment has been made, PayPal will send Meetinarts an email confirming the payment made by the Organiser.
Once the payment for the Call for Submissions has been made, it will then be published.
Should the Organiser require an invoice for the payment made, he/she must request it at email@example.com
Share a Call for Submissions: once the call for submissions has been published, the Organiser may share it with his/her contacts on Meetinarts, with his/her contact list and with his/her Facebook contacts.
Voters' Data Protection
The voters' personal data for any of the calls for submissions which are published on Meetinarts, shall be included in an automated data file, the owner of which is Meetinarts Network, S.L., with company tax code (CIF) B-86291580 and registered address at Avda. Lazarejo 13, Las Rozas, 28232 Madrid, in order to manage the service provided by Meetinarts, and keep you informed of activities, services and promotional products that may be of interest to you. By entering your data, you expressly accept that your data may be transferred and used to receive information on products and services from any third party company which is related directly or indirectly with the art world, by telephone, e-mail, or any other means of electronic communication. You also authorise that your data may be treated under these conditions until you expressly state otherwise. You will be able to modify your profile and exercise your rights of access, rectification, cancellation or objection at any time, by contacting Meetinarts by email on firstname.lastname@example.org or by regular mail to Meetinarts, to the address indicated above, with the subject “DERECHOS LOPD (PERSONAL DATA PROTECTION RIGHTS)”, attaching a photocopy of your DNI (National ID) or an equivalent document and specifying your request.
Cancellation of the Call for Submissions
The Organiser may deactivate the published call for submissions on justified grounds, and the license of use of the tool will be automatically cancelled. The Organiser shall be the sole responsible party for those commitments which have been undertaken with the participants, and he/she must inform about the grounds for cancelling the call for submissions. All amounts paid to Meetinarts will not be reimbursed.
Shoud the Organiser wish to cancel the call for submissions, he/she will have to send an email detailing the grounds for cancellation to email@example.com
Meetinarts may cancel the license and deactivate the call for submissions at any time and without prior warning or request to the Organiser.
The organiser will not be entitled to any reimbursement of any amounts paid nor will he/she be entitled to any compensation for damages, loss of profit or any other cause.
(i) The Organiser is the sole responsible party for the proper management of the call for submissions, as well as for the selection of the short-listed participants and the winners.
(ii) The Organiser shall be respectful with the contents provided by the participants and with their personal data, and must inform in the terms and conditions of the call for submissions about how such data will be used.
(iii) The Organiser must respect and comply with the competition's terms and conditions, with the legislation in force in his/her country and with the awarding of the prizes of the professional proposals which have been offered.
(iv) The Organiser shall be liable for the truthfulness and the legality of the call for submissions and for the information regarding such call for submissions.
(v) The Organiser holds Meetinarts harmless from any responsability regarding the compliance or non-compliance of the call for submissions requirements.
(vi) The Organiser holds Meetinarts harmless from any responsibility which arises from the calls for submissions which are published via TAKE PART and from any violation on the part of the Organiser, the judging panel or any third party in relation with the call for submissions.