Terms and conditions of use of Artsynergia (adults and children)
Artsynergia offers the opportunity of participating in a social network specialised in Art, for users in their professional, amateur or art lover category who are interested in this discipline, and to be able to make use of the services that this offers to its users (hereinafter referred to as the Service). The utilization of Artsynergia.com is personal and not transferable for network users, who are obliged to comply with these general conditions of use. Access, navigation or use of any of the services, involves the express acceptance of these general conditions of use.
Artsynergia is a social network for adults and children and for this reason our main aim is to protect children, their personal data and their creative content.
Artsynergia considers that new generations should be able to use this constructive and ethical social network to make these people, in the future, sensitive, intelligent and capable of thinking for themselves in the future. People must learn from an early age to respect others and the importance of individuality; because being different is not a fault but a virtue. If children are properly accompanied by an adult we believe that they will enjoy all the artistic material that Artsynergia promotes and foster their creativity. It is therefore important that any user who does not respect our values, must be reported by another user and deregistered from the social network, to protect the environment of progress and generosity that we want to generate.
NOTE TO PARENTS/TUTORS
The safety and welfare of children are the foundations of Artsynergia’s, that´s why we take all the technical and necessary measures so that their experience at our site is secure. The guidance and supervision of parents shall make Internet browsing an enriching activity.
Artsynergia’s mission is to provide children with a secure and fun site for personal growth. We establish the corresponding security measures in accordance with the Law of Protection of Data 15/1999 of 13th December and Regulation RD 1720/2007 of 21st December, to safeguard the information provided by our users: children and parents.
CHARACTERISTICS OF ARTSYNERGIA’S SERVICE
Artsynergia is for people who have respect for art and have tolerance to others who are lovers and creators of art, of any age, race, nationality and status, as well as hold respect for the different ways in which art can be expressed.
SYNERGIA’S USE OF USERS’ PROFILE INFORMATION
Each one has provided all the information contained in the profile of each user, so Artsynergia shall not be responsible for any inaccuracies, errors, or any other circumstance that does not reflect reality.
Likewise Artsynergia compiles the content that the user writes and shares, the messages it sends to its followers and the people that it follows. Artsynergia also collects information from the use that users make of the Services that the website provides, from the type of content they see, with which they interact, or the frequency and duration of their activities. Artsynergia also stores the content that other people provide when they talk about users on the Network, or include information about users by sharing their work, or sending their reference or sharing their views.
Artsynergia only uses the information provided by its users to provide and maintain the best service in the Network.
- All the information that is given to us is solely and exclusively from users, and they are solely responsible for the use given to it and the veracity of its content. If users open their profile and upload their work, they ensure its authenticity, authorship and truthfulness and that they hold the intellectual property rights of it. Artsynergia is not responsible under any circumstances, for the veracity or authorship of the information provided by users, and therefore is not liable for any claim by any third party.
- No user shall be able to commercialise a work that is not their own or licensed if they do not have the owner’s authorisation. Artsynergia shall not be liable for any claim by any holders or third party licensors for this reason.
- The use of personal data contained in this web site is solely and exclusively used to interact among users both amateurs and professionals as well as art lovers who appear in it. Any other use is prohibited.
- Artsynergia shall only provide, retain and share the information that it has stored whenever there is a reason that is subject to legislation and in the case of legal requirement as are an order of registration, court order or summons. The legal requirement can be of jurisdictions foreign to Spain.
USE OF THE SERVICE AND OBLIGATIONS OF THE USERS
The user is obliged at all times to carry out a lawful use of the services offered by Artsynergia.com. The user shall use the Artsynergia.com website in accordance with the terms and conditions of use and subject to law, morality and public order and good practices. Therefore, users may in each one of the sections of Artsynergia perform the following actions:
- When registered users send information of any kind, they must accept and ensure that such content does not violate any industrial and/or intellectual property right.
- Comments, views, links to public blogs or links may not be included, which include contents relating to religious denominations or political ideas (including statements and symbols of political parties and religious organisations), or antisocial behaviours, or those offensive to religious or cultural values, which may be provocative, derogatory, violent, obscene, sexual and/or from groups that are not socially acceptable or illegal, as well as any other that could hurt the sensitivity of third parties, violate fundamental rights and public freedom recognised by applicable regulations and/or those established in the legislation on the rights of consumers and users, on the protection of children and young people, which constitute or imply an intrusion into personal or family privacy of individuals or violation of the right to honour third parties or of the secrecy of communications.
- Comments and views expressed by Users, as well as the links to blogs supplied by them or contents with links, referred to in: i) photographs, phone numbers , URL’s, addresses, email addresses, names and surnames, and any other data of individuals, ii) names or trade names of companies, brands, logos, logotypes, distinctive signs, anagrams, names, slogans, advertising, promotional material, statements on authenticity, Olympic markings and similar, and (iii) works of art of all kinds, pictures, music, videos, texts, objects or any other products or stands subject to rights of dissemination or reproduction (copyright) or protected by copyright; it is up to the corresponding user to hold sufficient authorisation so that the content can be used both by himself and by the rest of users under the terms provided for in these conditions as well as that such use does not infringe any legal provision, contract, law or property of third parties, nor in any way does it constitute unfair competition. Therefore, it is prohibited to commercialise other people’s work if authorisation is not held. Artsynergia shall not be liable for any claim for use or reproduction of work of others
Consequently due to the fact of including any of the previous contents, it is understood that the user who includes it has the aforementioned legitimation.
- Users shall not be able to send or disseminate under any circumstances, information or contents that have the power to reduce, disrupt or prevent the normal use of the Service.
- The responses of users to consultations, debates, forums, etc. should always be respectful and not harm the sensitivity of third parties. Artsynergia extols (?) and gives absolute priority to the value of Respect described in the “characteristics of the service” section.
- Users authorise Artsynergia so that the information of all the links and content provided in their profiles can be displayed including their personal data.
- Registered users shall be able to deregister from the Service voluntarily: for this they must access their Artsynergia account and request deregistration through the User/Settings Portal.
- Artsynergia may cancel the registration of a user of the Service immediately and without any prior notification in the cases provided for in sub-paragraph (b) above, in the case that there is identity theft and in the event of non-compliance by the registered user of any of the provisions established in these Conditions of Use.
- Parents/tutors are recommended to supervise the activity in Artsynergia of children who are under their custody. Parents/tutors shall receive at the e-mail address where the child’s activity is authorised, all messages, uses (start and end of the sessions and connection time) and opinions and contents of the child’s activity on the network.
- Deregistration in Artsynergia.com shall mean the registered User is unable to gain access to it and the Service in general.
- Artsynergia is not responsible for facts likely to generate responsibility for the contents or opinions incorporated by Users, these being solely responsible for the use they make of the Site and of the contents consequently exonerating Artsynergia from any liability arising from such use and incorporation.
SUSPENSION OR INTERRUPTION OF THE SERVICE
Artsynergia does not guarantee the availability and continuity of the platform and its services. The user, at no time, may request compensation, due to malfunction, temporary service cuts or even low definition of the service. In particular, Artsynergia shall not be responsible for deficiencies in the availability of access or interconnection with third-party websites, such as, but not limited to, changes of specifications or technological standards in computer systems, Internet browsing and any others related to communication, access, data storage or communication problems, provided that such deficiencies occur due to the aforementioned causes beyond its reasonable control.
Artsynergia shall inform through its Website, about the interruptions in the service either due to technical problems or of any other nature, as far as possible and provided that these are known in advance.
Artsynergia reserves the right to delete, limit or prevent access to the Artsynergia.com when technical difficulties arise due to facts or circumstances outside Artsynergia that, in its view, decrease or annul the standard levels of security adopted for the correct operation of the access to it.
ADVERTISING OF USERS AND EXONERATION OF RESPONSIBILITY
All the data that appears in the profiles and that are advertising insertions are provided by the users themselves, therefore Artsynergia, does not guarantee the accuracy, veracity, omissions or any other circumstance that does not reflect the reality of the information or data contained in them. Therefore, Artsynergia is not responsible for the damages caused by errors, lack of accuracy, veracity and/or omissions in the information or data.
Artsynergia does not guarantee, or propose, or recommend any particular user and is not responsible for the knowledge in art, or of the experiences, practices, or commercial or contractual relations that take place between users included in Artsynergia and users. Likewise, it shall not be liable under any circumstances for damages caused by the products or services provided by third parties through advertising on the Website owned by Artsynergia.
ARSYNERGIA SERVICES ON ITS WEBSITE
The Website owned by Artsynergia can accommodate banners on the platform that allow the user to access Web pages or sites that are owned by third parties. Artsynergia assumes no responsibility either directly or indirectly for these Web pages.
Likewise we inform you that in order to provide you with the geographical location service of professionals in Google Maps, data relating to the location of users that they provide us shall be communicated to Google Ireland Limited, a company with headquarters in Ireland, to which you expressly consent to when contracting the registration service in the directory of Artsynergia.com.
DURATION OF THE SERVICE
The registered User may at any time request the cancellation of the service. On its side, Artsynergia may cancel the Service without any reason, prior notification to the User with a month in advance via the email address provided by the User during the registration of the service, without prejudice of the authority provided for in the previous clause 3(g).
Artsynergia reserves the possibility to carry out any modifications to the contents of the information or techniques (updates on the software), as necessary, without prior notice. The right is reserved to modify, in whole or in part, these conditions of use, as well as to include other new ones, communicated in advance to the user, through Artsynergia.com, with reasonable prior notice.
Your Internet browser can generate a copy of this page in the caché memory so that, when you log into it again, the pages displayed by your browser do not correspond with the most current ones but with those stored in the caché memory. In order to avoid these problems we recommend that you update the website from your browser when you log into Artsynergia.com.
Artsynergia communications may be made to the user by email sent to the email addresses provided by the user and/or through Artsynergia.com. All the child’s actions shall be notified in the mail of the parents/tutors, which they provided to authorise the use of Artsynergia to the child.
Artsynergia shall provide access to services through login passwords for users (user name and password), so that the management of the service can be carried out directly by the registered users themselves.
As the login passwords allow the identifier to modify data, users undertake to diligently use them, as well as not to put them at the disposal of third parties. The allocation of the login passwords occurs with the sole criterion of complying with a minimum number of characters and that these are unique, thus ensuring identification.
RESPONSIBILITIES OF THE PASSWORDS
The holder of the login and the password is responsible for all the information that can be accessed through its authentication; therefore, this should only be used personally and may not be transferred to third parties. The holder of the login and password is responsible for the use that any assignee can carry out with its authentication and shall be responsible for any claim for damages from third parties.
LEGISLATION AND JURISDICTION
Spanish legislation is applicable to these conditions of use.
The user and Artsynergia agree to be expressly submitted to the Courts and Tribunals of Barcelona, expressly waiving their own jurisdiction if they had any, for all actions and claims that could arise from this contract.
A cookie is a piece of information that exchanges between the user and the server with different objectives: remember user preferences, perform analytics, customise advertising, etc. These cookies will not allow Artsynergia to identify any user at any time.
In compliance with the provisions of Law 15/1999, of 13th December, on Protection of Data of a Personal Nature and its Regulation RD 1720/2007, of 21st December, Esther Guillem Martinez, owner of the social network www.artsynergia.com, informs users of the following points:
EXISTENCE OF A FILE
The personal data provided by Users, freely and voluntarily, through the network, shall be incorporated in the file owned by and responsibility of Esther Guillem Martinez, with that file being registered in the General Registry of Data Protection of the Spanish Data Protection Agency.
PURPOSE OF THE FILE
In the case that the User finds it appropriate to exercise their rights, in particular the rights: Access, Rectification, Cancellation and Opposition to the processing of their data, they can contact the person responsible for the file, Esther Guillem at the following email address Team@artsynergia.com indicating as Subject: LOPD and always attaching a copy of the National Identity Card (DNI) or equivalent document.
TRANSFER OF DATA
The recipients of the information transferred by the user are the professionals of the Artsynergia team that are responsible for managing the Site, as well as the official public and private institutions that by law request the transfer of the data.
Artsynergia will not carry out transfer of personal data to third parties.
Artsynergia ensures the security and confidentiality of the data provided.
In application of the provisions of the regulations on data protection of a personal nature Artsynergia has adopted the security levels for protection of personal data appropriate to the quality of the data provided by Users, ensuring that the technical means and measures of protection are installed to prevent their alteration, loss, treatment or unauthorised use. However, the user must be aware that Internet security measures are not impregnable.
Artsynergia only contracts with professionals and companies that comply with the Data Protection Law and have implemented their security measures.
PROFESSIONAL SECRECY: CONFIDENTIALITY
All the people who make up the team of professionals at Artsynergia are involved in the administration of the network and are committed to the non-disclosure or use of the information to which they access due to their work. The information provided by the user shall be used only for the purposes of the network. Therefore, ARTSYNERGIA undertakes not to disclose or communicate information on the views, comments, interests, news, and agreements of the users, nor any other information.
- Artsynergia’s Rules
Respect to others synergists.
Rude words, insults and inappropriate conduct are entirely forbidden in Artsynergia. The social network is prepared so that you can enjoy uploading to the network your drawings, paintings, videos and any creative material that you want to share with the synergists. You may see the works and contents of others, and a forum where you can talk with your friends, discuss their creations and enjoy art in first person. All of this must be done with respect and tolerance and without offending or mistreating anyone. Immediate disciplinary measures shall be taken for those who break these rules.
Not to disclose, or ask for personal data
Your name or those of your colleagues, addresses, phone numbers, e-mail addresses and passwords are private data and should never be shared with anyone. Personal details cannot be given to or asked for by other synergists.
Improper vocabulary must not be used, nor can inappropriate conversations be held.
Under no circumstances can reference be made to pejorative or derogatory comments.
The contents of the other synergists may not be manipulated.
The uses of programmes that may distort, modify or cancel the contents of other synergists are prohibited. If any of these programmes are used the profile shall be deregistered and cancelled immediately with no chance of becoming a member of Artsynergia again.
- Acceptance of Artsynergia’s Terms and Conditions of Use
We recommend that these Terms and Conditions of use of Artsynergia located in the URL: www.artsynergia.com are read in detail. By authorising the registration of your child or child you are a tutor to on Artsynergia, you agree to the terms that are detailed below.
ACCESS TO ARTSYNERGIA
- Users are authorised to use the Website according to what is set out in these terms and conditions, always and when: (i) use is made of the Website for exclusively personal and non-commercial purposes; (ii) they refrain from copying or distributing in whole or in part the contents of the platform in any means without the prior written authorisation of the holders; (iii) they do not alter or modify all or any part or content in the platform uploaded by the users or the contents of the platform itself and (iv) they meet these Terms and Conditions.
- In order to be able to access content and services within the Website, the user must create an account. The accounts created by minors must be authorised by their parents or tutors. The request for authorisation is sent to them by e-mail from the platform. Parents or tutors may make changes to the data supplied by the children, with their parents having to create account an account themselves in order to do this.
In the event of any breach of security or unauthorised use of your account, this must be reported immediately to the technical service of the Platform at email@example.com. Artsynergia does not assume any responsibility for losses that the unauthorised use of your account may have caused, but the user could be liable for the losses suffered by Artsynergia or third parties as a result of such unauthorised use.
Under no circumstances can the account of another User be used. When the child’s account is created, it must contain full, true, current and accurate information. Parents/tutors shall be responsible for the information provided and for the content provided and developed on their account and the login password to it must be kept secure. The child must be taught than when logging off and ending the session their account must be closed at the end of each session.
- Artsynergia reserves the right to suspend definitively or to cancel the account and the permission to access Artsynergia in the event that the child: (1) breaches these Terms and Conditions, (2) violates author’s rights or (3) in case of any other breach of these Terms and Conditions, or (4) uses it contrary to the moral and good customs and public order (5) lacks respect for the contents, opinions and comments of others. Parents/tutors of the child shall be notified immediately of any of the acts described in the previous points and notified of the user’s deregistration.
RESERVATION OF RIGHTS
Artsynergia reserves the right, at its sole discretion to refuse, deny to post or remove any content (including private messages) that the user publishes, or restrict, suspend or terminate their access to all or some of the Artsynergia Services at any time without notice and without this generating Artsynergia any responsibility or obligation in the form of compensation.
- Time period. These Terms and Conditions are effective from the date of their insertion on Artsynergia’s Website, and remain fully in force while the user uses the services of the platform, while they remain as a user, and until their modification.
- Type of information obtained
- Purpose that shall be given to the information
We shall be able to communicate information when we are legally obliged to do so, for example, in response to a legal request or to a summon or when we communicate information to service providers and other companies that provide services to support the operations of our site and do not use or will use such information for any other purpose. To the extent permitted by applicable law, we shall also be able to communicate personal information in response to a request made by a government authority or police to facilitate investigations related to public security, or to protect the safety of a child when they use our site, or the security or integrity of our platform.
OWNER OF THE NETWORK
This legal notice meets the general conditions governing access to and use of the social network www.artsynergia.com, owned by the professional Esther Guillem Martinez (hereinafter THE COMPANY), with Tax Identity (NIF): 77917011A and mail firstname.lastname@example.org.
USE OF THE NETWORK
The access and use of the social network implies express and full acceptance of each and every one of the conditions of use in force that are included in this Legal Notice.
The user undertakes to use the network, both its contents and the services it offers, appropriately. This obligation means using the social network in accordance with the legislation applicable to it, and not to use the network for illicit activities or contrary to good faith or public order. Therefore, users access Artsynergia free of charge, while the owner reserves the right to restrict access to the network by requiring the registration of user’s data.
CONTENTS OF THE NETWORK AND LINKS
The contents of this Social Network are intended to make it easier for users to access and interact with art to learn, contrast, comment on and enjoy current artistic trends, by professionals, amateurs and art lovers. In this way, art is shown in all its disciplines: literary, performing arts (theatre, dance or live and direct music), visual art, digital art and media arts (photography and cinematography). Users can interact with each other, form groups, upload all the works of art and content that are of interest to them, upload news, conduct business and enjoy art always under the acceptance of the conditions that are set in the “Terms and conditions of Artsynergia” and subject to law, morality and public order and morals.
The company owner of the site does not assume any responsibility for the information contained in the social network uploaded by users of Artsynergia, nor of the links uploaded by the users themselves or third parties. The existence of links, namely access to other sites does not imply the existence of agreements, recommendations, promotions or the agreement by the Company, of the services or products that can be linked.
THE INTELLECTUAL PROPERTY OF THE PLATFORM
All the information that is given to us is solely and exclusively of users, and they are solely responsible for the use given to it and the veracity of its content. If users open their profile and upload their work, they guarantee its authenticity, authorship and truthfulness and that they hold the intellectual property rights of it. Artsynergia is not responsible under any circumstances, for the veracity or authorship of the information provided by users, and therefore is not liable for any claim by any third party of industrial property and intellectual property of the page that the website holds, they are registered and protected by Law.
Artsynergia does not assume any responsibility arising from the use of the website by users or third parties and in the case of having knowledge of the infringement of intellectual property rights by the user, or impersonation of the personality of a user, Artsynergia shall cancel the user profile immediately without any possibility of them regaining access to the social network. It may also exercise all civil or criminal actions that might correspond, without prejudice of the claim for damages.
SPECIFIC CONDITIONS: TERMS AND CONDITIONS
UPDATE AND MODIFICATION OF ARTSYNERGIA’S CONTENTS
Artsynergia, reserves the right to update, modify or eliminate the information contained on its website, as well as its configuration or presentation of it, at any time, without notice, and without assuming any responsibility for it, in order to give maximum performance to the network, maximum security and good service to users.
INDICATIONS ON TECHNICAL ASPECTS
Artsynergia assumes no responsibility that may arise from technical problems or computer faults that occur during connection to the Internet, as well as damage that could be caused by third parties through illegitimate intromissions outside the control of Artsynergia.
Artsynergia is also exonerated of all responsibility for possible damage or harm that the user may suffer as a result of errors, defects or omissions in the information that we facilitate where appropriate from outside sources.
This website has its own Cookies Policy and this is inserted at the foot of the page using a pop-up entry for your acceptance. If you want to know our Cookies Policy we recommend that you click here: COOKIES POLICY.
REGULATIONS AND JURISDICTION
Spanish Law regulates the conditions of use of this network.
PROFESSIONAL SECRECY: CONFIDENTIALITY
All the people who make up the team of professionals of ARTSYNERGIA are involved in the administration of the network and are committed to the non-disclosure or use of the information to which they access due to their work. The information provided by the user shall be used only for the purposes of the network. Therefore, ARTSYNERGIA undertakes not to disclose or communicate information on the views, comments, interests, news, and agreements of users, or of any other information.