Privacy and legal conditions

GENERAL CONDITIONS OF USE AND THE DATA PROTECTION POLICY OF WWW.MECENAS20.COM

  1. LEGAL INFORMATION
  2. GENERAL CONDITIONS OF USE OF THE MECENAS20.COM PORTAL AND INFORMATION FOR USERS

2.1. Preliminary Condition

2.2. Subject Matter

2.3. Exhibition and sale of original and/or reproductions of artists who are represented by art galleries

2.4. Information on current news and events in the art world

2.5. Communication with the USERS

2.6. Obligations of USERS in regard to the Portal

2.7. Artworks provided by the USER ART GALLERIES OF MECENAS 2.0

2.8. Exclusion of guarantees and liability

2.9. Links to third-party pages

2.10. Governing Law and Jurisdiction

  1. INTELLECTUAL PROPERTY AND INDUSTRIAL RIGHTS
  2. DATA PROTECTION POLICY

4.1. Right to Information

4.2. Purpose

4.3. Mandatory or discretionary character of the information provided by USERS and veracity of the data

4.4. Consent of the USER

4.5. Data provided by Minors

4.6. Electronic communication

4.7. Security

4.8. Cookies and IPs

4.9. Right of Access to and Correction and Erasure of Data

4.10. Amendment to this Data Protection Policy

4.11. Governing Law

GENERAL CONTRACTING CONDITIONS FOR USERS OF WWW.MECENAS20.COM

GENERAL CONDITIONS GOVERNING THE SERVICES THAT MECENAS 2.0 PROVIDES TO ART GALLERIES ACROSS WWW.MECENAS20.COM

 

 

 

 

 

 

GENERAL CONDITIONS OF USE AND THE DATA PROTECTION POLICY OF WWW.MECENAS20.COM

  1. LEGAL INFORMATION ABOUT MECENAS 2.0

Owner of the website: MECENAS 2.0 CULTURAL MANAGEMENT S.L

Paseo Miramar, 40. Bajo A.

29016 Málaga

contacto@mecenas20.com

Tax number (CIF): B93488617

  1. GENERAL CONDITIONS OF USE OF THE MECENAS20.COM PORTAL AND INFORMATION FOR USERS

2.1. Preliminary Condition

MECENAS 2.0 S.L. places at the disposal of Internet USERS the website MECENAS20.COM with free services and paid services. In these conditions of use, details are given of the free services. The content of the paid services shall be detailed in the terms of acceptance of each paid service. Access to and use of the MECENAS20.COM website is completely voluntary and attributes to the person who does so the condition of USER. All USERS accept, from the moment they access and without any kind of reservation, the content of these “General Conditions of Use”, the “Privacy Policy” and, as the case may be, the “Particular Conditions” that might complement, replace or amend them in any manner in relation to the services and content of the PORTAL. In consequence, USERS shall read in detail all the foregoing prior to the access to and use of any website service under their full responsibility. USERS may access, print, download and save the General Conditions of Use at any time. These Conditions shall be permanently accessible on the website across the link Legal Conditions. MECENAS 2.0 S.L. (hereinafter, “MECENAS 2.0”) reserves the possibility to amend, without prior notice, the content of the General Conditions of Use and the Data Protection Policy so that it recommends to USERS that they should read the Legal Conditions each time they access and use the MECENAS20.COM PORTAL. MECENAS 2.0 also reserves the possibility, without prior notice, to make changes to the design, presentation and/or configuration of this website and to any or all of the services and to add new services. In any case, MECENAS 2.0 reserves the right, at any time and without any requirement to give prior notice, to deny access to this site of any USERS that do not comply with any of these general conditions or particular conditions that might be applicable to them.

2.2. Subject matter: These General Conditions of Use govern the access to and the use of the MECENAS20.COM PORTAL. The mission of Mecenas 2.0 consists in making contemporary art more accessible to all kinds of public, contributing to the sustainability of galleries and new and acclaimed artists.  For said purpose, MECENAS 2.0 places at the disposal of Internet USERS that are interested in art the www.MECENAS20.COM Website. MECENAS 2.0 provides its USERS with the following services: Exhibition with detailed information of original artworks and Contact with the art galleries that sell same. Advice on the purchase of art. Information on current news and events in the art world.

2.3. Exhibition with detailed information of original artworks and Contact with the art galleries that sell same. MECENAS 2.0 exhibits original works and reproductions of artists while providing art galleries with their own space to exhibit and offer information about the artworks and artists that they represent commercially. Gallerists complete all the information on their profile and upload the works of the artists they represent with all kinds of details (technical, measurements, price, and so forth).Gallerists represent that they are the commercial representatives of the works that they upload to MECENAS 2.0 and that they hold the rights of exhibition and reproduction of the works. The determination of the price of the original works and reproductions is the responsibility of the gallerists and it is freely set by them. To undertake the exhibition and/or sale, MECENAS 2.0 provides gallerists with the following services: – Insert their works in MECENAS20.COM. – Create the gallery’s own domain name on MECENAS 2.0 which shall be seen publicly by all the other USERS of the Portal. – Collaborate with the websites of the USERS by the exchange of links.

Gallerists authorise the use of all the photographs inserted in MECENAS 2.0 so that MECENAS 2.0 may use them for promotional purposes or global communication.

MECENAS 2.0 places at the disposal of the art galleries a paid service by virtue of which they will have a space to increase the visibility and promotion of their products and services. Details of this service may be consulted in the contracting terms and conditions for art galleries.

2.4. Under Information on current news and events in the art world, MECENAS 2.0 informs about the latest in the art world with respect to anything that refers to news and exhibitions in regard to art galleries and their artists, museums, interviews, and so forth. All of this information is compiled by the team of MECENAS 2.0 based on the information provided by the promoters and organisers of the activities and exhibitions. The responsibility for and veracity of the content provided to MECENAS 2.0 corresponds to the sources of same and MECENAS 2.0 is released from any liability for any content that is not true or reliable.

2.6. Communication with USERS. MECENAS 2.0 periodically sends to USERS commercial emails, on express authorisation from said USERS, commercial promotions of MECENAS20.COM and news bulletins on current news and events in the art world. MECENAS 2.0 shall only provide to the other USERS the data and/or information provided by any USER when said data and/or information do not contravene the law or these General Conditions of Use. USERS acknowledge that technically it is not possible to achieve 100% availability of the MECENAS20.COM website. MECENAS 2.0 shall, however, make every endeavour to keep the website available as constantly as possible. Particularly, due to maintenance, security or capacity or due to events beyond the control of MECENAS 2.0 (such as, anomalies in public communication networks and power surges), brief interruptions or a temporary suspension of the website services may occur.

2.7. Obligations of USERS in regard to the Portal.

USERS undertake to make diligent use of the Portal and the services that may be accessed from this website while they are fully subject to the law, good practices and these General Conditions of Use and, where applicable, particular conditions, while they shall have due respect for the other USERS. As a general rule, the provision of the services does not require prior subscription or registration of the USERS. MECENAS 2.0 does, however, make the use of certain services dependent on the prior completion of different forms to contact the art galleries on the platform, to receive different consulting services or to complete a subscription form for purposes of receiving periodic communication.

Said registration shall be done in the manner expressly indicated for the service in question. All information provided by USERS by virtue of the services shall be true and exact. For the purpose hereof, USERS guarantee the authenticity of any and all data that they might communicate consequent on the completion of the forms necessary for signing on for the services. Likewise, USERS shall be responsible for keeping all the information provided to MECENAS 2.0 updated on an ongoing basis such that it is always in consonance with the true situation of said USERS. In any case, USERS shall be exclusively liable for any false or inaccurate representations that they might make and any damage that they might cause to MECENAS 2.0 or third parties consequent on the information they might provide. USERS undertake to respect all applicable laws and third-party rights on using the content and services of the website. Additionally, the reproduction, distribution, transmission, adaptation or modification, across any medium or in any manner, of the content of this website (texts, designs, graphics, information, data bases, sound and/or image files, logos, and so forth) and any other elements hereof is prohibited except in cases of having prior authorisation from their legitimate owners or where it is so permitted by law. USERS shall be particularly prohibited from: using abusive or slanderous content, regardless of whether such content might affect other USERS or other persons or firms; using pornographic content or content that might violate the laws on the protection of minors, or advertise, offer or distribute pornographic products or products that might violate the laws on the protection of minors; inconveniencing other users (especially by spam); using content that is protected by law (such as the laws governing intellectual property, trademarks, patents, utility models or aesthetic models) without being entitled to do so, or advertising, offering or distributing goods or services that are protected by law or undertaking or promoting actions contrary to free competition, including actions aimed at the progressive capturing of customers (such as chain, snowball or pyramidal systems).

Gallerist customers of MECENAS 2.0 are expressly prohibited from including inappropriate content that lacks a minimal artistic quality or content directed at an adult public containing explicit or implicit sexual or pornographic material or scenes or that might violate any laws currently in force or that might explicitly shock the sensibilities of the USERS of MECENAS20.COM. The breach of these obligations may constitute a ground for eliminating said content on the part of MECENAS 2.0 or, as the case may be, eliminating the work from MECENAS 2.0. MECENAS 2.0 may eliminate illegal content from this website without prior notice. USERS are prohibited from the following actions: • Using mechanisms, software or scripts in relation to the use of this website • Blocking, overwriting, modifying or copying, unless this should be necessary for the correct use of the website services. For example, copying by search engine technologies, such as “Robot/Crawler”, is not necessary for the correct use of the services of this website, wherefore it is expressly prohibited. • Publicly disseminating or reproducing for commercial purposes content of the website of MECENAS 2.0 or of other USERS without prior authorisation. • Performing any action that might damage the functionality of the infrastructure of MECENAS 2.0, particularly, any that might overload it. • Using any material and information of this website for unlawful purposes and expressly prohibited in these General Conditions of Use or, where applicable, in the particular conditions, that might be contrary to the rights and interest of MECENAS 2.0, its members and/or third parties, and such user shall be liable thereto in the event of contravening or failing to comply with said obligations, and/or that might, in any manner (including the introduction or dissemination of “computer viruses”) damage, render useless, overload, deteriorate or prevent the normal use of the material and information contained in this website, the information systems or documents, files, and all kinds of content stored in any computer equipment (hacking) of MECENAS 2.0, of its members or of any USER. USERS are aware of, and voluntarily accept, that the service is used, in any case, under their own sole and exclusive responsibility. USERS shall be liable for any damage of any nature that MECENAS 2.0 might suffer consequent on the breach of any of the obligations to which they are bound by virtue of these “General Conditions of Use” or the laws governing the Use of the Service. THE USER ART GALLERIES undertake to not exhibit illegal works on the Portal. THE USER ART GALLERIES undertake to provide in the Portal the required warnings and information in relation to their works and to comply with all the laws and regulations applicable to the exhibition and publication of works on the Portal.

To access the additional services offered to the ART GALLERIES by MECENAS 2.0, THE USER ART GALLERIES shall register (“Sign on”) in the Portal and obtain a personal password. Once the registration process has been completed, THE USER ART GALLERIES shall have access to the services listed under point 2 hereof.

2.8. Artworks provided by the USER ART GALLERIES OF MECENAS 2.0

By virtue of providing art to the MECENAS20.COM portal, the ART GALLERY represents to be authorised by the legitimate owner of the intellectual and industrial property rights of the work to reproduce, distribute and communicate to the public over any electronic medium, primarily the Internet and electronic mail, for an unlimited time period. In this respect, the USER ART GALLERY represents to be authorised by the legitimate owners of the works inserted to have sufficient rights for the insertion of the works in the MECENAS20.COM portal. MECENAS 2.0 does not permit the insertion of content that might deteriorate the quality of the service. The insertion of the following kind of content is prohibited: • That is purportedly unlawful in accordance with national, Community or international law or through which activities that are purportedly unlawful are carried out or that contravenes the principles of good faith. • That does not fall within the parameters of quality required by MECENAS 2.0. • That infringes the fundamental rights of persons, that may seek the weakness of USERS, that is not courteous on the network, that inconveniences or might generate negative opinions among our USERS or third parties. Any related content and, in general, any content that MECENAS 2.0 considers to be inappropriate for the USERS, particularly, for minors. • And, as a general rule, that contravenes the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of private life, consumer protection and intellectual and industrial property rights. MECENAS 2.0 also reserves the authority to remove from the site any works that might be considered to be inappropriate with respect to the characteristics and aims of MECENAS20.COM. MECENAS 2.0 cannot, however, control all of the content published, wherefore it cannot assume responsibility for said content. In any case, the content introduced and published is periodically revised to ensure the principles of quality of MECENAS 2.0 and the rules indicated hereunder. If you should notice any inappropriate content on this website, please contact us across our User Service Department at: contacto@MECENAS20.COM. The USER ART GALLERIES are the only persons responsible for obtaining any kind of authorisation, permit or license that might possibly be required for the introduction and publication of any content. Any USER ART GALLERY that introduces content that contravenes the laws in force shall assume exclusive liability for any damage and consequences deriving therefrom while releasing MECENAS 2.0 from any liability.

2.9. Exclusion of guarantees and liability

Excepting the cases expressly set forth under the Legal Conditions and the rest of the regulatory framework of this website, MECENAS 2.0 does not assume liability for any kind of damage that might arise from the lack of accuracy, thoroughness, updating, or errors and omissions that the information and services contained on this website might have or other content that may be accessed from said website nor does it assume any duty or commitment to verify or supervise the content and information thereof. Neither does MECENAS 2.0 guarantee the availability, continuity or infallibility of the functioning of this website, consequent on which, it excludes, insofar as is permitted by the laws in force at any time, any liability for any kind of damage that might derive from the lack of availability or continuity of the functioning of this website and the services enabled on same as well as any errors in access to the different webpages or those from which, as the case may be, said services might be provided.  MECENAS 2.0 does not assume any kind of liability for the content, data and/or information provided by the USER ART GALLERIES of the website or for the content of external websites to which there might be links. In particular, MECENAS 2.0 does not guarantee that said content is true, fulfils any particular purpose or might serve said purpose. Neither shall MECENAS 2.0 be liable for the opinions posted by the USERS across the portal, the forums, communities or other participation or opinion tools.

2.10. Links to third-party pages

MECENAS 2.0 includes in its content links to sites owned and/or administered by third parties for purposes of providing access to information available over the Internet. MECENAS 2.0 does not assume any liability deriving from the existence of links between the content of this site and content located outside this site or any other reference to content external to this site. Such links or references have an exclusively informative purpose and, on no account, do they imply the support, approval, sale, or any kind of relation between MECENAS 2.0 and the persons or entities that are authors and/or administrators of such content or owners of the sites where it is located.

2.11. Governing Law and Jurisdiction

These Legal Conditions and the other terms and conditions of this website shall be governed by the laws of Spain. For all such issues as might arise or actions as might be brought deriving from the provision of the services and content of MECENAS 2.0 and in regard to the interpretation, application, performance or breach of that set forth hereunder, MECENAS 2.0 and the USER ART GALLERY and the USER, expressly waving any other jurisdiction to which they might be entitled, shall submit to the jurisdiction of the Courts of Malaga.

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS Copyright © MECENAS 2.0 S.L.- All rights

All exploitation rights are reserved.

This website is governed by the laws of Spain and is protected by national and international legislation governing intellectual and industrial property rights. The texts, designs, images, data bases, logos, structure, trademarks and all other elements of this site that are the property of  MECENAS 2.0 are protected by international laws and treaties governing intellectual and industrial property. Any reproduction, transmission, adaptation, translation, modification, communication to the public or any other exploitation of all or part of the content of this site, the title to which is held by MECENAS 2.0, effected in any manner or by any medium, electronic, mechanical or otherwise, are strictly prohibited unless by prior written authorization on the part of MECENAS 2.0 or third-party owners. Any infringement of these rights may give rise to any in- or out- of- court civil or criminal proceedings that might correspond thereto.

The legitimacy of the intellectual or industrial rights pertaining to the content provided by the USER ART GALLERIES is of the exclusive responsibility thereof.  In the interest of preserving possible intellectual property rights in the event that any USERS or third parties should consider that an infringement of their legitimate rights has occurred consequent on the introduction of a given content on the website, they shall send written notice of said circumstance to the PORTAL MECENAS20.COM, Paseo Miramar, 40. Bajo A 29016 Malaga, indicating the following: (i) Personal identity data of the person concerned holding title to the rights purportedly infringed. If the claim should be submitted by a third party other than the person concerned, said party shall indicate the representation he/she holds entitling him/her to act. (ii)  Indication of the content protected by the intellectual property rights and its location on the webpage. (iii) Accreditation of the existence, title to and term of said intellectual property rights. (iv) Express representation by virtue of which the person concerned assumes responsibility for the veracity of the data and information provided in the notice to which this point refers.

  1. DATA PROTECTION POLICY

4.1. Right to information

This data protection policy governs the access to and the use of the services of the www.MECENAS20.COM website (hereinafter, “MECENAS 2.0”), which MECENAS 2.0 S.L. places free of charge at the disposal of the Internet USERS that are interested in its services and content (hereinafter, the “USERS”). In accordance with organic law Ley Orgánica 15/1999, passed in Spain on 13th December 1999, governing personal data protection (hereinafter, LOPD), MECENAS 2.0, in its capacity as owner of the website, hereby informs USERS of the existence of a personal data file created by itself and kept under its responsibility. MECENAS 2.0 fully complies with the laws in force in Spain at the present time governing personal data protection personal and with the commitments to confidentiality pertinent to its activity. If the USER should decide to register with MECENAS20.COM (whether a company or a private individual), the data strictly necessary to achieve the purpose for which our website is intended, namely, to provide communication of the works published in MECENAS20.COM between authors, right holders and gallerists and private individuals, and to inform of the initiatives of MECENAS 2.0 in the dissemination of art. For said purposes USERS shall be required to complete a form and include their personal data. The processing of said data shall only be focussed on the achievement of these purposes and always within the legal framework established. The data provided to us by USERS shall be incorporated into a personal data file, which is duly registered with the Spanish Data Protection Agency.

4.2 Purpose

The data of the USERS registered through the different forms enabled for said purpose at  www.MECENAS20.COM are collected by MECENAS 2.0. The purchaser may expressly accept the receipt of electronic communication in regard to consulting or commercial or promotional activity from MECENAS20.COM. The data on the forms shall also serve:

– To facilitate the access to and search of all the information in relation to art and the artworks published by the USER ART GALLERIES according to the different categories of artists and search by new works, updated galleries, author’s name and country. – Insertion of the artworks of the USER GALLERIES in MECENAS20.COM  – Information to the other USERS about their exhibitions. – Creation of a profile of artistic tastes for the reception of artworks that accommodate this profile.  – Reception of the different consulting services for the purchase of art that MECENAS 2.0 offers to its USERS. – Sending of a bulletin with all the latest in art. – Access to the record of Newsletters published on MECENAS 2.0 across the MAGAZINE space. – Provision to the USERS of free access to and search in the data base of MECENAS 2.0 for works across the “buy art” section using the following filters: price, technique, measurements, colour and artist start-up. – Sending of promotional and informative electronic communication on the artistic sector and other sectors of interest set forth in point 5.6 of this privacy policy.

4.3. Mandatory or discretionary character of the information provided by USERS and veracity of the data

The fields marked with an asterisk (*) in the registration form to be completed by the USER are strictly necessary to be able to attend to your request while the inclusion of data in the remaining fields is voluntary. The USER ART GALLERIES guarantee that the personal data provided to MECENAS 2.0 are true and they undertake to communicate any change in said data. The ART GALLERY guarantees that all the personal information that it provides is accurate and up-to-date such that it is truthfully consistent with the current situation of the USER ART GALLERY. The onus is on the USER ART GALLERY who is bound to maintain at all times its data updated while it is the USER who is the only person liable for the inaccuracy or misrepresentation of the data provided and the damage that this might cause to MECENAS 2.0 or third parties consequent on the use of the service offered by MECENAS 2.0.

4.4. Consent of the USER GALLERY on completing the form and clicking to send the data

The USER GALLERY represents to have read and expressly accepted the Legal Terms and Conditions, and it gives its unequivocal, express consent to the processing of its personal data in accordance with the informed purposes and services provided by MECENAS 2.0. It also gives its consent that on registering, its works and USER GALLERY profile shall be publicly visible to the USERS at MECENAS 2.0 and on the different Internet search engines.

4.5. Data provided by minors

Those over fourteen may register at MECENAS20.COM as USERS without the prior consent of their parents or guardians. In cases of under fourteens, the consent of their parents or guardians is required for their personal data to be processed. On no account shall data be obtained from minors in relation to the professional, economic or private situation of the other family members without the consent of the latter. If you are under fourteen and have accessed this site without telling your parents, you may not register as a USER.

4.6. Electronic communication

  1. a) USERS that complete the subscription form outside the purchase area (not purchasers) implies the USER’s express consent to receive an electronic bulletin, the MECENAS20.COM magazine.

The electronic bulletin, magazine, includes  the most relevant news, commercial promotions exclusive to MECENAS20.COM, novelties and information of the website as well as news relating to the art sector. MECENAS 2.0 informs USERS that they may change or eliminate these services simply, rapidly and free of charge. Any USER may sign off from the sending of electronic communication across said communication by the link adapted for said purpose that is in the electronic communication mail sent to the USER.

4.7. Security

MECENAS 2.0 informs USERS that it has adopted all measures of a technical and organisational nature required by law that guarantee the security of personal data and prevent their unauthorised alteration, loss, processing or access, taking into account the state of the art, the nature of the data stored and the risks to which they might be exposed, all of which is in compliance with Spanish Royal Decree RD 1720/2007 of 21st December 2007, approving the regulation implementing Organic Law  Ley Orgánica 15/1999 of 13th December 1999 governing personal data and other control procedures for the security of information systems.

4.8. Cookies and IPs

USERS accept the use of cookies and IP tracking. Our website traffic analyser uses cookies and IP tracking that enables us to collect data for statistical purposes, such as: date of first visit, number of times visited, date of last visit, URL and domain it comes from, browser used and screen resolution. USERS may, however if the so wish, disable and/or delete these cookies by following the instructions of their Internet browser. MECENAS 2.0 does not use spamming techniques and will only process the data that USERS transmit across the electronic form provided on this website or by email.  This website informs users that it is adhered to the “Google AdSense” advertising system which uses cookies to show advertising content relating to the browsing done by USERS. When USERS access a website adhered to the Google AdSense service and click it, a cookie is downloaded on to their browser, across which Google collects information on the USER’s browsing habits to manage and later publish advertisements across the Google AdSense advertising program. USERS may at any time disable the use of the Google cookie by disabling the cookie on their browser. This website uses Google Analytics, a website analysing service provided by Google, Inc., a Delaware Company whose headquarters are at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files located in your computer to help the website to analyse the use made by website users. The information generated by the cookies about your use of the website (including your IP address) will be directly transmitted and filed by Google on servers in the United States. Google will use this information on our behalf in order to track your use of the website, compiling reports on website activity and providing other services in relation to website activity and Internet use. Google may transmit this information to third parties when required by law or when these third parties process the information on behalf of Google. Google will not associate your IP address with any other data that Google might have. Users may reject the processing of data or information by rejecting the use of cookies by selecting the appropriate settings on their browser, although if they do so, they may not be able to use the full functionality of this website. By using this website, users give their consent to the processing of information about the user by Google in the manner and for the purposes described above.

4.9. Right of Access, Correction and Erasure of Data

USERS have the right to access this information, to correct it if the data are erroneous and deregister from the service of MECENAS 2.0. These rights can be made effective across the website’s own configuration. In the event of problems in effectively deregistering online and for any other kind of query or controversy in regard to our data privacy policy, you can contact us directly at: MECENAS 2.0 CULTURAL MANAGEMENT S.L. (MECENAS20.COM) Paseo Miramar, 40 Bajo A 29016 Malaga. Or at our electronic mail address: contacto@MECENAS20.COM indicating the subject of reference. The processing of personal data and the sending of commercial communications by electronic media are in compliance with Spanish law Ley Orgánica 15/1999 of 13th December 1999 governing personal data protection (and published in the Spanish State Gazette (BOE) on 14th December 1999 and Act 34/2002 of 11th July 2002 governing Information Society Services and Electronic Commerce (and published in BOE on 12th July 2002) and the laws implementing same.

4.10. Amendment to this Data Protection Policy

MECENAS 2.0 reserves the right to amend this policy for purposes of adapting it to future legislative and jurisprudential changes.

4.11. Governing Law

All the details of this Privacy Policy and the rest of the Legal Terms and Conditions of the website are governed by the laws of Spain. Legal Conditions: 24th October 2011.

4.12. Language

In cases of differences of interpretation between the different translations of the legal conditions of MECENAS 2.0, the parties agree that the Spanish version shall prevail.

 

 

 

 

 

GENERAL CONTRACTING CONDITIONS FOR USERS OF WWW.MECENAS20.COM

One.- Subject Matter

These General Contracting Conditions regulate the acquisition by users registered at www.mecenas20.com (hereinafter, the “Website”) of products promoted on this Website.

Title to this Website is held by the Spanish company MECENAS 2.0 CULTURAL MANAGEMENT S.L., the registered office of which is at Paseo Miramar, 40. Bajo A (hereinafter, “Mecenas 2.0”). Users may contact Mecenas 2.0 at the electronic mail address contacto[@]Mecenas20[dot]com.

Across its Website, Mecenas 2.0 places at the disposal of the users a platform that enables them to access the artworks and other services in relation to the art world.

Access to the Website is regulated by the General Conditions of Use and the Privacy Policy that users accept when registering at the Website and the version in force at any time, which shall be applicable to them each time they access the Website; and the acquisition of any product at the Website is regulated by these General Contracting Condition. In the event of any discrepancy between these General Contracting Conditions and the General Conditions of Use and/or the Privacy Policy, the text of the General Contracting Conditions shall always take precedence.

MECENAS 2.0 reserves the possibility of amending, without prior notice, the content of the General Contracting Conditions for customers, wherefore it recommends USERS to read said Conditions each time they make a purchase at the MECENAS20.COM Portal.

Two.- Sale of Artworks

MECENAS20 represents that it holds the rights of public communication of all the works placed on sale at MECENAS20. Said rights have been assigned to MECENAS20 by the user art galleries, which undertake to have authorisation from the authors to assign this copyright.

The products about which users can obtain information across the Website are the artworks provided by the art galleries directly at the Website.

MECENAS 2.0 acts in its capacity as intermediary for the dissemination and promotion of original works of the art galleries.

Three.- Title to and Veracity of the Content

The authors of the works or the sources of said works represent that all the content contributed is in in consonance with the reality of the products. In this respect, we point out that the descriptions, characteristics, price and photography thereof have been provided to MECENAS 2.0 by the user art galleries or by the sources that have provided the content, while they release MECENAS 2.0 from any liability consequent on any inaccuracy or lack of veracity in relation thereto.

The User Art Galleries guarantee to MECENAS 2.0 the Authenticity of the original works that they exhibit across the Website and the availability of said works. Likewise, the art galleries represent that they hold the copyright of the works exhibited for sale and that they assign to MECENAS 2.0 the right of public communication thereof.

All the content provided of the works exhibited for sale at MECENAS 2.0 is the responsibility of the user art galleries or the source that has provided said content at MECENAS 2.0 while MECENAS 2.0 is released from any kind of responsibility in regard to the work.

Four.- Price of the Artworks

The price of the works of the current artists is set by the user art galleries. Prices are set in euros. The amount that is indicated on the Website is a guideline; it does not include delivery expenses or local taxes (VAT) applicable at the rate in force at any time, and it excludes possible import taxes and tariffs at the country of destination and other charges that might be applicable.

Five.- Purchase of the Work, Execution of the Sale and Payment of the Price

The purchase of artworks shall be closed directly with the User Art Galleries of MECENAS 2.0. MECENAS 2.0 does not act in commercial transactions; its function consists in promoting the artworks of the galleries, advising purchasers and facilitating contact with gallerists.

Six.- Intellectual Property

In addition to the provisions of the General Conditions of Use of www.mecenas20.com MECENAS 2.0 informs its users that the authors of the works and the owners of the photographs of great maestros represent to hold title to the intellectual rights thereof, wherefore they undertake to not use the works for any purpose that might jeopardise said Authenticity or rights.

Seven.- Severability

In the event that any clause or part thereof of these conditions should be found to be null and void, the remaining clauses shall remain in force and the clause or part thereof in question shall be interpreted in accordance with the will of the parties and the purpose of the text.

Eight.- Governing Law and Jurisdiction

These conditions shall be governed by the laws of Spain. In the event of any dispute that might arise from the interpretation and/or performance hereof, the parties submit, of their own free will and waiving any other jurisdiction, to the jurisdiction that the laws in force at any time of private international law might designate to be competent.

 

 

 

 

 

GENERAL CONDITIONS GOVERNING THE SERVICES THAT MECENAS 2.0 PROVIDES TO ART GALLERIES ACROSS WWW.MECENAS20.COM

One.- Subject Matter

These General Conditions regulate the promotion of works for the art galleries at www.mecenas20.com.

The Website is owned by the Spanish company MECENAS 2.0 CULTURAL MANAGEMENT S.L., the registered office of which is at Paseo Miramar, 40. Bajo B 29016 Malaga (hereinafter, “MECENAS 2.0”)

Gallerists may contact Mecenas 2.0 at the following electronic mail address:  contacto@mecenas20.com

Across its Website, MECENAS 2.0 places at the disposal of users a platform that enables artworks of their galleries to be exhibited and promoted.

Access to the Website is regulated by the General Conditions of Use and the Privacy Policy that users accept when registering at the Website and the version in force at any time, which shall be applicable to them each time they access the Website. In the event of any discrepancy between these General Conditions, the General Conditions of Use and/or the Privacy Policy, the text of the General Contracting Conditions shall always take precedence.

MECENAS 2.0 reserves the possibility of amending, without prior notice, the content of the General Conditions of sale, wherefore it recommends USERS to read said Conditions each time they make a sale at the MECENAS20.COM Portal

Two.- MECENAS 2.0 provides a space for the promotion of galleries and artworks.

Three.- Representations of the USER ART GALLERY

These General Conditions governing the Service of sale of work by Artist apply to Art Galleries that decide to promote their activity and their artworks across MECENAS 2.0 having an active space on the digital MECENAS 2.0 platform. Thus, gallerists authorise MECENAS 2.0 to promote their artworks to portal users. The art gallery represents the following: that it is the commercial representative of the works that it uploads to MECENAS 2.0 and/or it holds the rights necessary over the works for their sale, reproduction and public communication. That the art gallery has access to the email with the information in question at MECENAS 2.0 and that it revises any communication sent by MECENAS 2.0 within a period of less than 72 hours. That the user art gallery disposes of the original works placed on sale and that it may access them within a period of less than one week. That the Art Gallery has freely set the price of its artworks, wherefore it fully releases MECENAS 2.0 from any responsibility in regard to the determination of the price thereof.  That the User Art Gallery holds the right of reproduction and public communication of the works placed on sale and that it assigns said rights to MECENAS 2.0 for their promotion. That the information provided by the user art gallery at MECENAS 2.0 corresponds to the reality of the work, wherefore it releases MECENAS 2.0 from any liability with respect thereto. That the art gallery assigns to MECENAS 2.0 the right of public communication of all the photographs inserted in MECENAS 2.0 so that the latter may use them for promotional and commercial purposes.

Likewise, the user art gallery authorises MECENAS 2.0 to perform commercial actions, campaigns and advertising through third-party companies, using the works inserted by the art gallery user across MECENAS 2.0. Said commercial actions, campaigns or advertising shall be undertaken under the trademark of third-party companies and the MECENAS 2.0 trademark.

Four.- Information on the Artwork

The user art gallery undertakes to introduce all the veracious information requested in the specifications of the work placed on sale for purposes of executing the sale. In particular the user art gallery undertakes to include in said specifications the price of the work for sale, measurements, technique, support and other data requested. The work shall always appear with the art purchase button when MECENAS 2.0 has all of the data available.

The works introduced on the MECENAS 2.0 platform that do not have all the information indicated above, shall not have the purchase button.

The user art gallery undertakes to upload to MECENAS 2.0 good quality photographs.

Five.- Process of promoting the user art galleries and their works

Across the website the USER ART GALLERIES may promote their works and users may contact the galleries to consider a possible purchase:

-MECENAS 2.0 provides users with different tools to facilitate the search for the artwork that meets their needs. Customers contact the Art Gallery selling the work online or by telephone. The Art Gallery communicates directly with the users of MECENAS 2.0 where MECENAS 2.0 does not intermediate, during which the sending of information, a cost estimate of the work with transport costs, arrangement of an appointment for a visit to the Art Gallery, and so forth, may be agreed.

Six.- Price of the Artworks

The prices are set by the Art Gallery and are indicated in euros. The amount that is indicated on the Website is a guideline; it does not include delivery expenses or local taxes (VAT) applicable at the rate in force at any time, and it excludes possible import taxes and tariffs at the country of destination and other charges that might be applicable.

Seven.- Services provided by MECENAS 2.0

MECENAS 2.0 offers the following service for the promotion and sale of work of the User Art Galleries: Investment in online marketing, such as SEO, SEM, and affiliation programs. Consulting service for users to promote the sale of the works of the Art Galleries. Management of articles in the magazine section that disseminate the activity on the platform. Implementation of marketing and communication strategies that favour the sale of the artworks of the galleries.

Eight.- Economic Terms

MECENAS 2.0 offers art galleries the following economic terms: During the first year of launch of the platform, it provides a free service for all art galleries that register on the dates indicated in the offer. The commencement date of this offer starts on 1st July 2016 and terminates on 1st July 2017. Sufficiently in advance of the offer termination date, the galleries adhered to the platform shall receive a notice to freely decide whether or not to contract the services offered by MECENAS 2.0.

Nine.- Warranties

MECENAS 2.0 acts in its capacity as promoter between the art galleries, the artists and the user who wished to purchase art.

Art galleries warranty the particulars indicated below in regard to each work incorporated into the MECENAS 2.0 platform:

– Authenticity

– Originality

– Non-infringement of third-party rights.

– The work not being historical heritage of the country.

– The work not being a non-exportable asset nor of cultural interest.

Ten.- Intellectual Property

Additional to the provisions of the General Conditions of Use also applicable to the purchases made by users, the art gallery users inform MECENAS 2.0 that they represent that they have the exploitation rights necessary of the works to be published on the MECENAS 2.0 platform.

Eleven.- Personal Data Protection

In addition to that indicated in the Data Protection Policy of the Website, which is fully applicable to this transaction, MECENAS 2.0 informs its users of the following:

– The data provided by users in the process of requesting contact, advice or subscription to the magazine of MECENAS 2.0 shall be used by MECENAS 2.0 for the sole purpose of facilitating the contact with the galleries selected by users or to provide users with the information required.

– Said data shall be incorporated into the files owned by MECENAS 2.0, declared and entered in the Spanish Data Protection Register.

– Users may, at any time, in accordance with Spanish law Ley Orgánica 15/1999 of 13th December 1999 governing personal data protection and in the regulation implementing same, exercise their rights of access, correction, erasure and opposition in regard to their personal data by sending a written request by electronic mail to the following address:  contacto@mecenas20.com

Twelve.- Obligations, Breaches and Sanctions

Art Galleries interested in contracting the services of MECENAS 2.0 shall collaborate in the processes and protocols provided by MECENAS 2.0 with the highest level of diligence and quality possible.

Art Galleries interested in contracting the services of MECENAS 2.0 shall provide the documentation required in the request of MECENAS 2.0 that verifies their activity and professional guarantees and warranties to the platform users.

Only Art Galleries that dedicate their activity to the sale of artworks on a professional level may contract the services of MECENAS 2.0.

In the event that any art gallery should not duly attend to a user of the MECENAS 2.0 platform or fails to comply with any of the representations hereof and such breach may be considered as very serious, at the criterion of MECENAS 2.0, the latter may decide, unilaterally, to deregister said gallery from the MECENAS 2.0. portal.

Thirteen.- Severability

In the event that any clause or part thereof of these conditions should be found to be null and void, the remaining clauses shall remain in force and the clause or part thereof in question shall be interpreted in accordance with the will of the parties and the purpose of the text.

Fourteen.- Governing Law and Jurisdiction

These conditions shall be governed by the laws of Spain. In the event of any dispute that might arise from the interpretation and/or performance hereof, the parties submit, of their own free will and waiving any other jurisdiction, to the jurisdiction that the laws in force at any time of private international law might designate to be competent.

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