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User Terms and Conditions

LEGAL NOTICE AND CONDITIONS OF USE OF THE «arvivid.com» WEBSITE

1. LEGAL NOTICE

ARVIVID S.L. (“ARVIVID”) is a Spanish entity domiciled at Vía Dos Castillas 33, Edif 4, 1ª Planta, provided with N.I.F. B67763193, and whose contact email is info@arvivid.com.

2. INTRODUCTION

ARVIVID is the owner of all intellectual, industrial or any other type of property rights on the website www.arvivid.com (the “Website”) and on all its elements, whose access and use by users (the ” Users “) is subject to these conditions of use (the” Conditions of Use “), which are supplemented by any other applicable legal texts (including, where appropriate, the Website Purchase Conditions, as well as the Privacy Policy and Cookies Policy).

Read the Terms of Use carefully. Accessing the Website and using the materials contained therein implies that you have read and accept, without reservation, the Conditions of Use. If you do not agree with all or part of these Conditions of Use, the User must refrain from using the Website.

You will find the latest version of these Conditions of Use at all times on the Website, being available in Spanish, as well as in those other languages that are available on the Website at all times.

 

3. PURPOSE

The purpose of the Website is the dissemination and offer for the sale of prints of plastic creations and photographs (the “Creations”) made by independent artists (the “Collaborators”). The Website offers Users the possibility of acquiring framed prints, according to the User’s preferences, of Collaborators’ Creations from a wide catalog (the “Products”). To learn more about the process of selecting the Creations and purchasing the Products, visit our Purchase Conditions.

In addition, the Website has among its purposes to carry out a charitable action (i) helping NGOs or other charitable entities (the “Charitable Entities”) to obtain benefits as Collaborators, with the dissemination of their Creations and the sale of prints of their Creations through the Website; and (ii) offering Collaborators the possibility of helping Charitable Entities by donating the remuneration obtained from the sale of prints of their Creations.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

The intellectual and industrial property rights, or of any other type, on the Website (including its information, texts, data, images, photographs, graphics, videos, multimedia content, sounds, designs, software, distinctive signs, brands, bases data, selection and arrangement of content, etc.) are owned by ARVIVID and / or its licensors or licensees.

 

In this sense, ARVIVID grants a non-exclusive, non-sublicensable, or transferable license to Users for the sole purpose of using the Website and its respective available functionalities, which will be subject to the rest of the terms included in these Conditions of Use, as well as as well as any other terms of use and applicable legislation. The User is only authorized to view the contents in the way that ARVIVID has them available on the Website. With the above exception, the User may not reproduce or transform, neither in part nor in its entirety, nor distribute or communicate the contents or information to the public, without the express written consent of ARVIVID.

 

Users acknowledge and accept that the use of the Website does not imply the transmission of any intellectual or industrial property rights in their favor, such as copyrights, related rights and other sui generis rights, trademarks, trade names, designs or other rights. on the Website, the Creations or images of Creations contained therein, or any of its component elements, except for the limited use license granted to Users in the terms provided herein.

 

Therefore, the User is expressly prohibited from the reproduction, transmission, distribution, public communication, making available, extraction, reuse, transformation, or exploitation of any nature, by any means or procedure, of the Website, its elements and / or of the Creations and images of the Creations, except for those uses strictly necessary for the use of the Website and its functionalities, or expressly authorized in writing by ARVIVID.

 

The Users will be the only ones responsible in front of ARVIVID, in front of the Collaborators and in front of third parties of any infringement of rights of intellectual property, industrial or of analogous nature that are carried out in relation to the Website, its elements and content, and the Creations. , in whole or in part.

5. COMMITMENTS OF THE USERS

In general, Users are obliged to comply with these Conditions of Use, as well as to comply with the special warnings or instructions for use contained therein and always act in accordance with the Law in force, morals, good customs and the requirements of good faith and established public order, using due diligence, and refraining from using the Website in any way that may prevent, damage or impair its normal operation, the assets or rights of ARVIVID, the Collaborators, the Charitable Entities, the rest of Users or, in general, of any third party, or in any way not expressly authorized by ARVIVID.

 

Specifically, and without implying any restriction on the previous section, Users are obliged to:

 

a) Not to use the Website for activities contrary to the Law in force, the Conditions of Use, morality, good customs or established public order, or for illegal, prohibited or harmful purposes of the rights and interests of ARVIVID, the Collaborators, Charitable Entities, other Users or third parties, or for any purpose or purpose other than those expressly authorized by ARVIVID. In particular, any conduct that violates, violates or may affect the rights of intellectual and industrial property and any other analogues of ARVIVID, as well as violate, threaten or put at risk the rights related to privacy, honor, intimacy is prohibited. , the image itself or the personal data of other Users.

 

b) Provide truthful information about the data requested in the forms for creating the User account, subscribing to newsletters, contacting the customer service team or in other circumstances offered through the Website and keeping them updated. ARVIVID reserves the right, without prejudice to other legal measures at its disposal, to withdraw, deny or suspend access to the Website in the event that the data provided is or may be false, inaccurate or misleading. In any case, the User will be fully responsible for the data or content that he transmits or communicates to ARVIVID. In this sense, the User assumes responsibility for damages that may arise from improper use of such data.

 

c) Not to introduce, store, disseminate or transmit through the Website any program, data, virus, code, or any other device, electronic or physical, or harmful component that is likely to damage, limit or damage the Website, any service or functionality offered in it, any of the equipment, systems or networks of ARVIVID, of the Collaborators, of the Charitable Entities, of any other User, or, in general, of any third party, or that interferes in the use and enjoyment of the Site Web by other Users or third parties.

 

d) Not to disclose, extract, extract, reuse, forward, use, alter, copy, download, modify, decompile, disassemble, reverse engineer, license, lease, sell or imitate, in any way, totally or partially, the Site Web, its data, its contents, its base software, the Creations or any of its elements or images of the Creations, without the prior and express written consent of ARVIVID.

 

e) Not to introduce, store or disseminate through the Website any content that infringes intellectual, industrial, image, privacy or honor rights or any other analogous, nor in general any content of which it does not display, in accordance with the law, the right to make it available to a third party.

 

f) Not to use the Website or a part of it on other private or commercial websites, as well as make commercial use of the Website; or establish hyperlinks or hyperlinks to the Website or to any of its contents, unless expressly authorized in writing by ARVIVID.

 

*ARVIVID reserves the right to remove from the Website or prevent the viewing of information or content shared by Users that violates the Conditions of Use or other applicable legal texts and, in particular, the commitments stipulated in this clause, the rights of Collaborators, Charitable Entities, other Users or other third parties, or the applicable legislation. ARVIVID will retain all other rights that may correspond to the User, especially those relating to the initiation of civil or criminal proceedings.

6. RESPONSIBILITIES AND GUARANTEES

The User uses the Website at their own risk and expense. By accessing it, the User undertakes to use the Website in accordance with the Law, responding to ARVIVID and / or to third parties for any damage or harm that may be caused as a result of the breach of said obligation. In this sense, ARVIVID is not responsible for any damage or alteration in the Users’ equipment as a result of their installation, access or use of the Website.

 

The User will be fully responsible for that information or content that he incorporates, transmits or communicates through the Website. In this sense, the User will indemnify and hold ARVIVID fully harmless from any claims or judicial or extrajudicial proceedings or of any nature and before any instance that is initiated by the nature of the information or content. Likewise, the User will be responsible for the use given to the information or content obtained from the Website, regardless of who had shared them, keeping ARVIVID fully harmless in the aforementioned sense.

 

ARVIVID does not control, in general, the use that Users make of the Website. In particular, ARVIVID does not guarantee, in any case, that Users use the Website in accordance with the law, the Conditions of Use or other applicable legal texts, morals, generally accepted good customs and public order, nor that do so diligently and wisely. Consequently, ARVIVID is not responsible for the use that the User makes of the Website, or the content shared through it, that implies a violation of any type of national or international norm, of intellectual property rights or industrial, or of any other rights of third parties.

 

Likewise, ARVIVID does not guarantee the absence and is not responsible for any damages that may arise from interference, omissions, interruptions, computer viruses or other harmful elements, breakdowns and / or disconnections in the operational functioning of the electronic system or in the devices and Computer equipment of the Users, motivated by causes beyond ARVIVID’s control, that prevent or delay navigation through the Website, nor of delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, nor of the impossibility to provide the service or allow access for reasons not attributable to ARVIVID, due to the User, third parties, or in cases of force majeure.

However, ARVIVID declares that it has adopted and will adopt, where appropriate, all the necessary measures within its possibilities and the state of technology, to guarantee the correct functioning of the Website and avoid the existence and transmission of viruses and other harmful components. to Users.

The use of the Website may involve data consumption. ARVIVID is not responsible for the costs derived from the communication and sending of data or the Internet connection incurred by the Users. Users may consult their telecommunications operators to obtain more information in this regard.

ARVIVID reserves the right to interrupt access to the Website at any time and without prior notice, whether for technical reasons, security, control, maintenance, power failure or any other cause.

The Website may host advertising content or offers, with advertisers or bidders solely responsible for ensuring that the material submitted for inclusion on the Website complies with the laws that may be applicable in each case. ARVIVID will not be responsible for any error, inaccuracy or irregularity that said content may contain. In any case, to file any claim related to the advertising content inserted on the Website, Users can go to the following email address: info@arvivid.com

7. DATA PROTECTION

ARVIVID will protect Users’ personal data and will use it only to the extent permitted by law or provided that Users have given their consent. Users can find more information in this regard in the Privacy Policy.

8. COOKIES AND SIMILAR TECHNOLOGIES

Users can find more information in the Cookies Policy.

9. COMMUNICATIONS

For the purposes of these Conditions of Use and for any communication required between Users and ARVIVID, Users may send an email to info@arvivid.com.

10. THIRD PARTY LINKS

The Conditions of Use refer only to the ARVIVID Website and contents, and do not apply to links, websites and / or third-party applications accessible through it or, in general, any other service provided by third parties. ARVIVID cannot control the information, content, products or services provided by third parties that have established links to the Website and access to them through the Website does not imply that ARVIVID recommends or approves them.

Consequently, ARVIVID does not assume any type of responsibility that may arise from said information, content, products or services of third parties. In case of accessing other networks or computer resources, the User agrees to be bound by the provisions of the corresponding use and privacy policies.

ARVIVID offers the User said links and information and / or services solely for the User’s convenience, being their responsibility to read and accept the terms of use and privacy policies published on said linked websites or applications. Their inclusion on the Website does not imply endorsement of the linked website by ARVIVID.

In any case, ARVIVID declares that it will proceed to the immediate withdrawal of any link when the contents to which it redirects may contravene national or international legislation, morality or public order.

11. MODIFICATIONS TO THE CONDITIONS OF USE

ARVIVID reserves the right to modify or update the Conditions of Use at any time, as well as any type of information that may appear on the Website or its structure and configuration.

12. NOTIFICATION OF INCIDENTS AND POSSIBLE VIOLATIONS

ARVIVID respects the rights of third parties and applicable legislation. The User of the Website is obliged to do the same.

In case of finding technical incidents in the operation of the Website or if in any of the different sections there are errors, inaccuracies or content contrary to the legislation or the rights of third parties, the User may contact ARVIVID through info@arvivid.com.

13. INDEPENDENCE AND INTEGRATION OF CLAUSES

The illegality, invalidity or ineffectiveness of any of the clauses of the Conditions of Use will not affect the effectiveness of the rest, provided that the rights and obligations of the parties derived from the Conditions of Use 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, the Conditions of Use. Said clauses must be replaced or integrated with others that, being in accordance with the law, respond to the purpose of the replaced ones. The parties waive any claim for damages that may be requested by this circumstance.

14. APPLICABLE LAW, JURISDICTION AND ALTERNATIVE DISPUTE RESOLUTION

The Conditions of Use are governed by common Spanish legislation. If the User is a consumer, the Conditions of Use will also be subject to any applicable local legislation.

Any controversy related to the Conditions of Use, will be submitted to the competent courts of the city of Barcelona (Spain), and in the case of a User acting as a consumer, to the court of the domicile that corresponds to the User / consumer.

The User, in the event of acting as a consumer, may also submit any dispute derived from or related to these Conditions of Use to an alternative dispute resolution procedure (“ADR”). The list of ADR platforms available from the European Commission can be consulted at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

Notwithstanding the foregoing, ARVIVID does not undertake or is obliged to take part in online dispute resolution processes before the consumer arbitration body.