Artists Contracting Terms and Conditions
These general contracting conditions (the “General Conditions”) establish the terms and conditions that govern the relationship between ARVIVID S.L. (“ARVIVID”), a Spanish entity domiciled at Vía Dos Castillas 33, Edif. 4, 1st floor, 28224 Pozuelo de Alarcón, with N.I.F. B67763193, and independent artists (the “Collaboraotors”) who upload digital files of their plastic creations and / or photographs (the “Creations”) onto the website www.arvivid.com (the “Website”), with the aim to reproduce, commercialize, market and distribute physical copies of prints, framed or not, makking them available for purchase by the users of the Website (the ” Users »). Collaborators must expressly accept these General Terms and Conditions before registering and incorporating their Creations into the Website’s catalog.
You will find the latest version of these General Conditions at all times on the Website, being available in Spanish, as well as in other languages that are available on the Website at all times.
2. COLLABORATOR ACCOUNT
To be a Collaborator of the Website, it is necessary to register by creating a Collaborator account. To do this, the Collaborator must fill in the form provided for this purpose on the Website, accept these General Conditions and determine a personal Account ID and password. The Collaborator may log into their Collaborator account using their ID and password.
Only Collaborators of legal age are allowed to register, and one account is allowed for each Collaborator. Collaborators are responsible for the veracity, accuracy and authenticity of the data provided. ARVIVID reserves the right to delete any Collaborator account that contains false, incorrect or inauthentic data.
The Collaborators are obliged to keep the information contained in their account updated, as well as to keep their access codes (ID and password) secret at all times, as well as not to assign or communicate them to any third party. ARVIVID will not be liable for damages caused by third parties who have access to the Collaborator account, regardless of whether they have authorization from the owner.
3. INCORPORATION AND ELIMINATION OF CREATIONS
The decision to propose Creations for incorporation into the Website’s catalog is always the Collaborator’s decision. For this, the Collaborator must access the section called Share Art once they have registered their personal account and complete the steps and information indicated. Once the application for incorporation has been made, ARVIVID will decide at its sole discretion the incorporation of the proposed Creations to the Website’s catalog and will notify the Collaborator. ARVIVID’s decision not to incorporate Creations into the Website’s catalog in any case will entitle the Collaborators to claim damages or any other consideration. In any case, the rights and obligations regulated in these General Conditions will only be fully applicable to the Creations that are finally incorporated into the Website.
In accordance with the provisions of the following clause on intellectual and industrial property, the Collaborators are only authorized to request the incorporation of Creations to the catalog of the Website that are of their authorship and/or exclusive ownership, that is, Creations with respect to which Collaborators hold all intellectual, industrial and any other similar property rights. Failure to comply with this requirement will entitle ARVIVID to eliminate the affected Creation from the catalog or the account of the corresponding Collaborator, as well as to claim any damages that this circumstance may have caused to ARVIVID, other Collaborators, Users, Charitable Entities (as defined below) or other third parties.
The Creations incorporated into the catalog will remain in it for a period of twelve (12) months, counting from the notification of acceptance of the incorporation to the catalog by ARVIVID to the Collaborator. The said term will apply to each of the Creation and will be automatically renewed for equivalent terms of twelve (12) months. Collaborators may decide to remove their own Creations from the Website by notifying ARVIVID in writing at least one (1) month in advance of the next renewal date. In any case, the elimination will not affect orders placed by Users before the elimination becomes effective. Notwithstanding the foregoing, in the event that, within a period of six (6) consecutive months, a Creation has not been exploited through the sale of a Product that contains it, the Collaborator may notify his decision to eliminate the Creation. from the catalog. The elimination will be effective within fifteen (15) calendar days from the notification of the Collaborator.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Collaborators, by virtue of these General Conditions, grant ARVIVID all the rights of reproduction, communication to the public (in all its modes of utilization,including but not limited to, via the Internet), distribution and transformation of all the Creations that they incorporate on the Website, with the aim that ARVIVID can reproduce, make available to the public and transform the Creations that Collaborators incorporate into the Website’s catalog (and to promote them in any type of ARVIVID offline or online medium or channel, including but not limited to social networks), as well as for reproduction, making available to the public, distribution and transformation of impressions of the Creations for the sale of the Products to the Users in any type of format, medium or support of the offering by ARVIVID at all times. The foregoing assignment shall be worldwide in scope and is granted for as long as the Creations remain incorporated into the catalog of the Websites.
ARVIVID may grant the above rights, in whole or in part and exclusively or not, to any third party, without the consent of the Collaborators. ARVIVID may, in particular but not limited to, license the above rights to Users so that they can promote and publicize the acquisition of the Products, in the terms that appear in the General Conditions applicable to Users.
Without prejudice to the abovementioned rights, Collaborators are authorized to generate images of the Creations they own, and the Products related to these Creations, available to the public on their social media profiles, free of charge, for the purpose of advertising the Products and Creations, the Website and/or ARVIVID, and provided that they tag ARVIVID (@arvivid.art) in each publication and/or otherwise mention ARVIVID in the publication in question.
Therefore, by virtue of these General Conditions, ARVIVID will have the right to reproduce, make available to the public and transform the Creations, and to reproduce, make available to the public, distribute and transform reproductions of the Creations to the Users of the Website that acquire them, in accordance with the Purchase Conditions. In this sense, the Collaborators authorize ARVIVID to make any adaptations, modifications and changes of any nature in the Creations (or on their different elements) that ARIVIVID deems appropriate or that are required by the Users, without any limitation.
The Collaborators are allowed to showcase their own artwork in their personal own websites.
ARVIVID undertakes to respect at all times the moral rights over the Creations of the Collaborators, without prejudice to the technical limitations that may occur in each case and the physical or design limitations related to the commercialization of the Products.
The Collaborators guarantee at all times to ARVIVID the personal authorship of the Creations. If the Creations include Creations or elements of any nature over which third party rights exist (including, by way of example, images of people, brands, or any other), the Collaborators must have obtained consent from those right-holding third parties to cede all the rights necessary to allow ARVIVID to utilize the Creations that contain such rights as provided in this General Conditions.
In particular, the Collaborators declare and guarantee to ARVIVID that the Creations that they incorporate into the Website: (i) shall be their exclusive property; and (ii) shall not infringe any type of copyright, intellectual property rights, industrial property rights, image rights, privacy or honor, or any other rights of third parties.
The remuneration that corresponds to the Collaborators for the cession rights referred to in this clause is the remuneration provided for in clause 5 below of these General Conditions, so that the Collaborators will not have the right to claim any type of additional compensation or remuneration for the referred right ceding.
The Collaborators undertake to indemnify and hold ARVIVID fully unaffected from any loss or damage, expense, or cost (including any legal costs) derived from claims or procedures promoted by any third parties in relation to the use and exploitation of the Creations by ARVIVID or, in general, for any event or event derived from the Collaborator’s breach of these General Conditions.
Artists will set the prices for their own artwork, using the smallest print-only version as the Base Price. Different sizes and formats of the same artwork will be automatically priced according to their production costs, keeping constant Artist’s Margin (Artist Payout/Retail Price). Prices set here do not apply to our Trade Program (B2B customers). ARVIVID reserves the rights to adjust pricing and profit sharing scheme for sale to Business clients.
Artist’s Profit will be calculated in the following way:
Artist’s Profit = Retail Price – Production Costs – Marketing and Service Costs – ARVIVID’s Fee.
Retail Price: The Base Price set by the artist, adjusted based on size and format
Production Costs: Costs associated with the production of the art print in the selected size and format
Marketing and Service Costs: Costs incurred by Arvivid in promoting and hosting the Artist’s artwork on its platform
ARVIVID’s Fee: Fee charged by ARVIVID for the sale of the artwork.
Sale Profits=Retail Price – Production Costs – Marketing and Service Costs
To this end, ARVIVID will notify Collaborators of the quantities of Products related to their Creations of month so that they can prepare the corresponding invoices. Due to our fourteen(14)-day product return policy, sales taking place within fifteen (15) days prior to the reporting date will be reported the following month.
The payment of the remuneration by ARVIVID will be made on the fifth (5) day of each month, once fifteen (15) days have elapsed from the receipt of each invoice by the Collaborators, by Pay Pal or other payment transfer methods to the bank account that each Collaborator provides.
6. DONATION TO CHARITABLE ENTITIES
ARVIVID actively collaborates with NGOs or other charities (the “Charities”) creating tools that facilitate and encourage their funding. Collaborators can access the list of Charitable Entities with which ARVIVID collaborates in the “Art for Good” section of the Website. In this context, ARVIVID offers Collaborators the possibility of donating all or part of their proceeds for the sale of Products related to their Creations to said Charitable Entities.
If the Collaborators decide to donate the remuneration corresponding to the current month to a Charitable Entity, they must reflect it in the corresponding section of their Collaborator account. Once the month is due, Collaborators must complete the donation form made available to them.
Once the invoice corresponding to the donated remuneration is received, ARVIVID will make the donation in the name and on behalf of the Collaborator to the selected Charitable Entity. Once the donation has been made, the Charitable Entity benefiting from the donation will issue a donation certificate in the name of the donor Collaborator.
7. DATA PROTECTION
8. COOKIES AND SIMILAR TECHNOLOGIES
Collaborators can find more information in the Cookies Policy.
For the purposes of these General Conditions and for any communication required between Collaborators and ARVIVID, Collaborators may send an email to firstname.lastname@example.org.
10. DURATION AND TERMINATION OF THE CONTRACTUAL RELATIONSHIP
These General Conditions will enter into force on the date of their express acceptance by the Collaborator and will have an indefinite duration.
Both ARVIVID and the Collaborators may terminate these General Conditions, with a notice of thirty (30) days, without the need for justification.
Any of the parties may terminate these General Conditions, without the need for prior notice, in the event of breach by the other party of any obligations contained therein, provided that, in the event that such breach is remediable, it is not remedied within the term of the ten (10) days following the written notification of the obliging party requiring to do so, or that the breach is not remediable.
11. MODIFICATIONS OF THE GENERAL CONDITIONS
ARVIVID reserves the right to modify or update the General Conditions at any time. The version of the General Conditions applicable in each case will be the one in force at the time of incorporation of each Creation to the Website catalog.
12. INDEPENDENCE AND INTEGRATION OF THE CLAUSES
The illegality, invalidity or ineffectiveness of any of the clauses of the General Conditions will not affect the effectiveness of the rest, provided that the rights and obligations of the parties derived from the General Conditions are not essentially affected. Essential is understood to be any situation that seriously injures the interests of any of the parties, or that falls on the object itself of the General Conditions. Said clauses must be replaced or integrated with others that, being in accordance with the law, respond to the purpose of the substituted ones. The parties waive any claim for damages that may be requested by this circumstance.
13. APPLICABLE LAW AND JURISDICTION
The General Conditions are governed by common Spanish legislation.
Any controversy related to the General Conditions will be submitted to the competent courts of the city of Barcelona (Spain).
The Spanish language version of the Purchase Conditions shall prevail in the case of discrepancy or inconsistency between the English version (translation) and the Spanish version (Original), each of which shall be deemed authentic.