1.- TERMS OF USE AND DATA PROTECTION POLICY OF WWW.ARTELISTA.COM

1. LEGAL INFORMATION
2. TERMS OF USE OF THE PORTAL ARTELISTA.COM AND INFORMATION FOR THE USER
2.1. Preamble
2.2. Object
2.3. Exhibition and Sale of original artworks and/or reproductions of contemporary artists
2.4. Sale of reproductions of Great Masters’ artworks
2.5. Information about the latest news in the world of art
2.6 Communications with the USERS
2.7. USERS’ obligations to the portal
2.8. Artworks provided by the ARTELISTA USERS
2.9. Exclusion of guaranties and responsibilities
2.10. Links to third parties websites
2.11. Applicable Legislation and Jurisdiction

3. FORUM SERVICE TERMS OF USE

The use of this service would be determined by the previous acceptance of the Forum Service Terms of Use, which are gathered within the Legal Conditions of ARTELISTA
3.1. Forum Service Terms of Use and its acceptance
3.2. Object and Description of the Service
3.3. Access to the Forum Service
3.4. USERS’ obligations
3.5. Disclaimer
3.6. Personal Data
3.7. Security Measures
3.8. No license
3.9. Applicable Legislation

4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

5. DATA PROTECTION POLICY
5.1. Right to information
5.2. Purpose
5.3. Compulsory or optional nature of the information provided by the USER and veracity of this data
5.4. USER’s consent
5.5. Data provided by minors
5.6. Electronic communications
5.7. Security
5.8. Cookies and IP addresses
5.9. Access Rights, Rectification and Cancellation of Data
5.10. Modification of the present Data Protection Policy
5.11. Applicable Legislation

LEGAL CONDITIONS

1. LEGAL INFORMATION

ARTELISTA WORLDWIDE S.L.
Owner of the Website: ARTELISTA.COM
Testa Building – Avda. Alcalde Barnils, 64-68, D, 4th floor
08174 Sant Cugat del Vallès (Barcelona), Spain
info@artelista.com
CIF: B-64560360

Registered at the Barcelona Commercial Registry, V. 39676, F.112, S. B 350517.Registration 1. Registration date 08/06/07

2. TERMS OF USE OF THE PORTAL ARTELISTA.COM AND INFORMATION FOR THE USER

2.1. Preamble

ARTELISTA WORLWIDE S.L. offers the Internet USERS the Website ARTELISTA.COM with free and PRO services. The free services are detailed on the present Terms of Use. The specifications of the PRO services are detailed on the corresponding conditions of acceptance of every PRO service.
The access and use of the website ARTELISTA.COM is absolutely voluntary and it ascribes the condition of USER to those who realize it. At the moment in which the USER access the site, and without any kind of reservation, the USER accepts the content of the present “Terms of Use”, the “Data Protection Policy” and further “Particular Conditions” that may complement, replace or modify them in any sense, regarding the services and contents of the PORTAL. Consequently, the USER has to read thoroughly the conditions before accessing the site and before the use of any service of the website under his/her responsibility. The USER can access, print, download and save the Terms of Use at any moment. Those conditions will be permanently accessible on the website through the link Legal Conditions.
ARTELISTA WORLWIDE S.L. (hereinafter “ARTELISTA”) reserves the right to modify, without prior warning, the content of the Terms of Use and the Data Protection Policy. It is advisable that the USER read the Legal Conditions every time he/she access or uses the PORTAL ARTELISTA.COM.
ARTELISTA also reserves the right to modify without prior warning the design, the presentation and/or configuration of the Website, as well as some or all the services and the inclusion of new services.
In any case, ARTELISTA reserves the right to refuse the access to the Website to those USERS that breach any of these Terms of Use or any particular condition that may apply, at any moment and without the need of prior warning.
2.2. Object
This Terms of Use regulate the access and the use of the PORTAL ARTELISTA.COM.
The purpose of this PORTAL is to democratize the access to art through the diffusion and the sale of artworks and the promotion of everything which is related to art. For this purpose, ARTELISTA offers the art lovers Internet USERS the Website WWW.ARTELISTA.COM.
ARTELISTA provides the USERS with the following services:
Exhibition and sale of original artworks and/or reproductions of artists’ artworks
Sale of reproductions of Great Masters’ artworks
Information about the latest news in the world of art
2.3. Exhibition and Sale of original artworks and/or reproductions of artists’ artworks
ARTELISTA puts up for sale original artworks and reproductions of the artists’ artworks providing the artists with a space to exhibit their artworks or to exhibit and give ARTELISTA permission to sell them.
The artist includes all the information about his/her profile and uploads the artworks with all the details (technique, dimensions, price, etc.). The artist states that he/she is the author of the artworks included on ARTELISTA and that he/she holds the rights to exhibition and reproduction of the artworks. The price of the original artworks and of the reproductions is under the artist’s responsibility and those prices are set by the artist freely.
The printing of the reproductions come from photographs of artworks whose author, the artist, holds the right to reproduction. The author receives a royalty from ARTELISTA for the sale of his/her reproduction.
To effectuate the exhibition and/or the sale, ARTELISTA provides the artist with the following services:
- Inclusion of the artworks on ARTELISTA.COM with the possibility of registering his/her artworks under the most suitable Creative Commons License for the artist’s interests.
- To create your own domain on ARTELISTA, that will be seen by all the USERS of the Portal.
- ARTELISTA Community, where the USER will be able to manage his/her followers and favourite artworks.
-Collaboration with the websites of the USERS by exchanging links.
-Ratings and assessment of the artworks that belong to those authors that have allowed their assessment and access to the ARTELISTA Hottest Artworks.
-Make reviews and comments of other artists’ artworks and management of the received reviews and comments.
-Send postcards and artworks to your friends.
-Inclusion of the favourite artworks into a collection.
-A list with the artist’s favourite artworks and authors to receive notifications every time they upload a new artwork.
-Participation in the Forum that ARTELISTA offers to its USERS.

The author transfers ARTELISTA the use of all the photographs included on ARTELISTA so that ARTELISTA can use them with commercial, promotional or global communication purposes.
ARTELISTA puts up for sale original artworks and reproductions of the artists’ artworks to the Website USERS providing them with these services:
Certificate of Authenticity signed by the author for unique artworks.
Certificate of Authenticity of the reproduction guaranteeing the use of the Hewlett Packard technology and materials.
Secure payment platform with Thawte technology and banking security protocol (credit card, PayPal or bank transfer).
Delivery logistics through DHL / FEDEX / UPS or other national or international Courier.
You can change or return the artwork without giving explanations within 14 working days after having received it at home. The return of the artwork implies the refund of the total amount paid by the customer You must notify us of your cancellation in writing or in another durable medium to our contact address: customerservice@artelista.com If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. We will collect the goods from you. You must make the goods available for collection. For further arrangements we will contact you. Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation. ARTELISTA covers the transport costs up to 150€.
Transport insurance with the insurance company AXA Insurances included.
Customer Service through live chat, email or telephone to give an answer to any doubt or problem.


ARTELISTA provides the artists with PRO services to improve the visibility of their artworks and to promote them on the website. For further details, consult the contracting conditions of PRO services for artists.
ARTELISTA offers the galleries with a specific area in which the galleries can register, upload his artworks and all the information associated to each artwork. ARTELISTA offers a paid service to enhance the visibility and promotion of artworks in the galleries. For further details, consult the contracting conditions of PRO services for galleries.
2.4 Sale of prints of Great Masters' artworks
ARTELISTA sells prints of Great Masters’ artworks to the USERS. The printing of these prints is based on photographs of the artworks with a CREATIVE COMMON license or photographs with licenses provided through commercial agreements with companies that own the rights of reproduction, having paid ARTELISTA the corresponding royalty for the reproduction.
2.5. Information on the latest news in the world of art
ARTELISTA informs of the novelties in the world of art in everything regarding news, exhibitions, museums, interviews, etc. Such information is entirely developed by the ARTELISTA Team taking as a basis the information provided by the promoters and organisers of the activities or the exhibitions. The responsibility and the veracity of the content provided to ARTELISTA correspond to the sources of the same and ARTELISTA is exempted of any liability on not truthful or reliable content.
2.6. Communications with USERS
Periodically, ARTELISTA sends the USERS commercial mailings, prior USERS express authorization, Artelista.com commercial promotions or newsletters with the latest news of the art world. ARTELISTA will only provide the other USERS data and/or information provided by the USER when this data and/or information do not violate legal requirements or the present Terms of Use. The USER acknowledges that technically it is not possible to have a 100% availability of the Website ARTELISTA.COM. However, ARTELISTA will strive to maintain the availability of the Website as constant as possible. Especially, for reasons of maintenance, security or capacity, as well as for events that ARTELISTA cannot have influence on (e.g. anomalies of public communication networks, outages, etc.) there can be short anomalies or the temporary suspension of the services of the Website.
2.7. USERS’ obligations in the Portal
The USER undertakes to make diligent use of the same and of services accessible from this Website, with total subjection to the law, morals and the present Terms of Use and, where appropriate, particular conditions, so as to maintain due respect for the other USERS.
In general, the provision of the services does not require prior subscription or registration of the USERS. Nevertheless, ARTELISTA conditions the use of some of the services or the purchase of products to the prior completion of the corresponding registration of the USER, by selecting the identifier (ID or login) and password that the USER undertakes to conserve and use with due diligence.
The use of your password is personal and untransferable, not being permitted the transfer, even temporarily, to third parties. In this sense, the USER shall take the necessary measures for the custody of the selected password, avoiding the use of the same by third parties. As a result, the USER is solely responsible for the use of the password with full indemnity for ARTELISTA. In the event that the USER knows or suspects the use of the password by third parties, the USER should inform to ARTELISTA as soon as possible.
The register shall be made as indicated expressly in the service itself. The information that facilitates the USER through the services shall be truthful and accurate. For this purpose, the USER guarantees the authenticity of all the data that communicates as a result of the completion of the necessary forms for subscription to the services.

Similarly, it will be responsibility of the USER to keep all the provided information regularly updated ARTELISTA so that it responds in each moment to the actual situation of the USER. In any case, the USER will be solely responsible for false or inexact manifestations and for the damage caused to ARTELISTA or to any third party as a consequence of the provided information.
The USER undertakes to respect all applicable laws and the rights of third parties to use the contents and services of the Website. It is also prohibited the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, of the contents of the website (texts, designs, graphics, information, databases, sound and/or images files, logos, etc.) and other elements of this Website, unless prior authorization of their lawful owners or when permitted by law.
Especially, it is forbidden for the USER: using abusive or libellous content, regardless of whether these contents affect other USERS or other persons or companies, using pornographic contents or contents that violate the laws of protection of minors, or advertising, offering or distributing pornographic products or products that violate the laws of protection of minors, harassing other USERS (especially by means of spam), using content legally protected (e.g. by legislation on intellectual property, trademarks, patents, utility models or aesthetic models) without having the right to do so, or advertising, offering or distributing goods or services protected legally, as well as performing or encouraging actions contrary to free competition, including those aimed at progressive customer acquisition(such as chain, snowball or pyramid systems).
The USER undertakes not to include in the author tab, artwork tab or in any other visible place of the personal domain (on the fringes of the space enabled to do so), no personal information such as phone, email or other similar ones in text or number with the aim that the purchaser of art can reach you directly out of ARTELISTA. ARTELISTA guarantees the sale process of the artworks providing that the sale is done through ARTELISTA.
The USER undertakes not to insert pictures with personal watermark. ARTELISTA provides the watermark of Artelista to protect the artworks.
The USER undertakes not to introduce in the space provided for the comments or in any other similar section, any commercial information aimed at direct contact between USERS for any commercial transaction out of ARTELISTA. The introduction of emails, phones, or any personal data is expressly prohibited.
In the same way, the artist undertakes not to include any inappropriate content lacking a minimum of artistic quality or content aimed to an adult audience with explicit or implicit sexual or pornographic scenes or material. The breach of these obligations may be cause of elimination of the content for ARTELISTA part or when necessary, of elimination of the artist. ARTELISTA can delete illegal content without prior notice.
It is forbidden for the USER:
Using mechanisms, software or scripts in connection with the use of the website.
Blocking, overwriting, modifying, or copying, unless it is necessary for the proper use of the services of the website. For example, copying by means of search engine type technologies as "Robot/Crawler" is not necessary for the proper use of the services of the Website, so it is forbidden explicitly.
Disseminate and publicly reproduce content of the Website ARTELISTA or of other USERS, without prior authorization.
Any suitable action to impair the functionality of the ARTELISTA infrastructure, especially to be overloaded.
Using any of the materials and information contained in this Website for unlawful purposes and expressly prohibited in the present Terms of Use, as well as in the particular conditions which, where appropriate, enable that they are contrary to the ARTELISTA, its members and/or third parties rights and interests, and must respond to them in case of contravention or breach such obligations and/or that in any way (including the introduction or spread of "viruses"), harm, disable, overload, deteriorate or hinder the normal use of the materials and information contained in the website, the information systems or the documents, files and all kinds of content stored on any computer (hacking) of ARTELISTA, its members or any USER. The USER is aware of, and voluntarily accepts, that the use of the service takes place, in any event, under your sole and exclusive responsibility.
The USER shall be liable for any damages of any nature that ARTELISTA may suffer as a consequence of the breach of any of the obligations of these "Terms of Use" or of the law regarding the use of the service.
The USER undertakes not to display illegal artworks on the Portal. The USER undertakes to provide the portal with necessary warnings and information concerning their artworks, and to comply with all laws and regulations in relation to the exhibition and publication of the artworks on the Portal.
To access the additional services offered by ARTELISTA, the USER must sign in ("register") on the Portal and get a personal "password".
Completed the registration process, the USER will have access to the services listed in section 2 of the present Terms of Use.

2.8. Artworks provided by the USERS of ARTELISTA
Through the artworks provided to the portal ARTELISTA.COM, the USER declares him/herself the legitimate owner of the intellectual and industrial property rights of the artwork for its reproduction, distribution and public communication through any electronic medium, mainly Internet and email, for the entire world with unlimited time.
In this sense, the USER declares to be the legitimate holder of the artworks included with sufficient rights to include the artworks in the portal ARTELISTA.COM.
ARTELISTA offers the possibility, to those USERS who want it, to use free art licenses through some Creative Commons licenses so that they allow their artworks to be shared by the other USERS of the portal. They may freely choose the intellectual property rights that want to exercise on them.
ARTELISTA does not allow the inclusion of content that may deteriorate the quality of the service. It is prohibited the inclusion of contents that:
Are allegedly illicit by national, community or international legislation or that realize allegedly illegal activities or contravene the principles of good faith.
Do not meet the quality standards established in ARTELISTA.
Violate the fundamental rights of individuals, can find the weakness of the USER, miss the courtesy on the Web, bother or might generate negative opinions in our USERS or third parties. In particular, and in an expository way but not limited: any of the third parties legal rights; those who encourage or foster the creation, maintenance and promotion of businesses related to pornography, obscene material or erotic contact management; those that are related to the divination, tarot, "occult" or any other related content; and in general, any content ARTELISTA may consider improper for the USERS and in particular for minors.
Contravene the principles of legality, honesty, responsibility, protection of human dignity, protection of minors, protection of public order, protection of private life and protection of the consumer and of the intellectual and industrial property rights.

Likewise, ARTELISTA reserves the power to remove from the website those artworks deemed not appropriate to the characteristics and purposes of ARTELISTA.COM.
ARTELISTA cannot control each and every one of the published contents, so cannot assume responsibility for the contents.
Anyway, the inserted and published contents are periodically relieved to ensure the principles of quality of ARTELISTA as well as the standards here indicated.
If you notice any inappropriate content on the website, please contact us through the e-mail: info@artelista.com.
The USERS are solely responsible for obtaining any authorization, permission or license, if necessary for the completion and publication of any content. Any USER that inserts content contravening current legislation will assume sole responsibility for the damage and consequences thereof, exempting ARTELISTA from any liability.
2.9. Exclusion of guarantees and liability
Except in those cases expressly described in the Legal Conditions and in the rest of the framework of the Website, ARTELISTA is not responsible for any damages of any nature that may be a result to the lack of accuracy, completeness, prevailing and errors or omissions in the information and services contained on this Website or other content accessible through the same, neither assumes no obligation or commitment to verify or monitor its content and information.
Also, ARTELISTA does not guarantee the availability, continuity or the infallibility of the functioning of the website, and therefore excludes, in the measured maximum permitted by current legislation, any liability for damages of any nature that may be due to the lack of availability or continuity of the functioning of the Website and of the services enabled on the same, as well as to errors in accessing the different web pages or those from which, in their case, these services are rendered.
ARTELISTA assumes neither liability for the contents, data and/or information provided by the USERS of the Website, nor for the content of external websites with links on the website. In particular ARTELISTA does not guarantee that these contents are true, fulfil a particular purpose or may be useful for this purpose.
In addition, ARTELISTA is not responsible for the opinions expressed by the USERS through the portal, forums, communities, or other tools of participation or opinion.
2.10 Links to third parties pages
ARTELISTA includes within its content links to sites belonging to and/or managed by third parties with the aim of facilitating the access to information available over the Internet.
ARTELISTA does not assume any responsibility derived from the existence of links among the contents of this site and contents located outside this site or any other mention of content outside this site. Such links or references are exclusively informative and in no case imply support, approval, marketing or any relationship between ARTELISTA and the author and/or management entities of such contents or owners of the sites where they are.
2.11 Applicable Legislation and jurisdiction
The present Legal Conditions and the rest of terms of the website will be ruled by the Spanish legislation.
For questions arising or actions resulting from the provision of the services and contents of ARTELISTA and from the interpretation, application, compliance with or breach of the established here, ARTELISTA and the USER, expressly waiving any other jurisdiction that may correspond to them, subject to the jurisdiction of the courts and tribunals of Barcelona.
3. TERMS OF USE of the Forum service
The use of the service must be conditioned by the prior acceptance of the Terms of Use of the Forum service contained in the Legal Conditions of ARTELISTA.
3.1. Terms of Use of the forum service and acceptance
The present Terms of Use of the Forum service (hereinafter "conditions of use of the Forum") regulate the provision of the Forum service by ARTELISTA as well as the conditions of acceptance and use of the Forum service by its USERS.
The use of this service is conditioned upon filling in the registration form of the Forum service of the website WWW.ARTELISTA.COM, as well as the prior acceptance of the Legal Terms and Conditions. Thus, the use of some of the services confers the status of USER (hereinafter the "USER") of the Forum service and expresses the full and unreserved acceptance by the USER of each and every one of the conditions in the version published by ARTELISTA at the same time that the USER accesses the service.
The use of the Forum service is also subjected to all notices, regulations of use and instructions brought to the attention to the USER by ARTELISTA.
ARTELISTA reserves the right to modify these conditions of use of the Forum at any time. The same shall apply from the moment they are available to the USERS through the web site WWW.ARTELISTA.COM. ARTELISTA recommends the USERS to visit every time they use the forum the conditions as they can undergo modifications. The provision and use of the service by the USER shall be, in any case, subjected to the strict compliance of the terms set forth herein. If the USER decides not to accept the Legal Conditions, and/or, where appropriate, future conditions and communications that ARTELISTA can convey, the USER shall not access and/or use the Forum service.
3.2. Object and description of the service
The object of the conditions is the provision of the Forum service through the Internet. The USERS, freely and prior validation of the name of USER and password previously assigned, can share, access, reply to messages and, in general, have conversations with other USERS of the service to express opinions and share impressions about the information, activities and services that are contained in WWW.ARTELISTA.COM or which can be accessed from the same, as well as related issues to ARTELISTA.
3.3. Access to the Forum service
The access to the service is realized through the name of USER and a password or a non-transferable personal key that will be generated by ARTELISTA and communicated to the USER. The USER assumes the consequences for the breach of confidentiality and misuse of the passwords and access codes. People being over or exactly 14 years old may freely access this service. In the case of people being under 14, a consent written by the parents or guardians is required to gain access to the Forum service.

3.4. Obligations of the USERS
The USER undertakes to use the service in accordance with the law, the present conditions, the Legal Terms and Conditions of the Website, as well as with the generally accepted moral and good manners and the public order.
Therefore, the USER undertakes to refrain from using the service for illegal purposes, contrary to what is established in the present conditions and in the Legal Conditions of the Website, detrimental to the third parties rights and interests, or that in any way may damage, render useless, overload or deteriorate the service or prevent the normal use or enjoyment of the service by other USERS. In particular, and in a merely declarative and not limited way, it is prohibited the transmission, dissemination or the making available to third parties through the service of information, messages, graphics, sound and/or image files, photographs, recordings, software and, in general, any kind of material, data or content that:
A. in any way threats or abuses other members of the Forum or any third parties outside the same.
B. incorporates obscene or objectionable content or which may offend the sensibilities of any third party who can access them.
C. disseminates content that may infringe or violate the legal rights of others as defamatory material or material whose content may violate any intellectual or industrial property rights.
D. encourages others to violate these conditions, the general conditions of use of the website, and other Legal Conditions contained on the website WWW.ARTELISTA.COM.
E. issued with the intention of passing off as an ARTELISTA team member or as other USER through the use of similar identification or through any other method or device.
F. used for commercial, advertising or unlawful purposes; as well as for the transmission of spam, chained e-mails or mass distribution of messages not requested.
G. violates the rules on secrecy of communications.
H. is expressly prohibited, as the sale, promotion and distribution of services or products through the ARTELISTA Forums platform.
For its part, ARTELISTA reserves the right to withdraw any USER from the services for failure to comply with the provisioned on the Legal Conditions, as well as delete/remove or suspend any message that incorporates information characterized with what is listed in the paragraphs A to H, and even information that has not been set forth in these, without prior notice or subsequent notification.
3.5 Disclaimer
The messages and the content stated by the USERS in the Forum enabled on this Website are only the opinion of the senders and its content is only and exclusively their responsibility. ARTELISTA is not, in any case, responsible for the messages sent by its USERS and any liability is also excluded for damages of any nature that may arise for the ignorance that third parties may have of the conditions, characteristics and circumstances of the use of the service that make the USERS or that could be due to access and, where appropriate, to the interception, elimination, modification or manipulation made by authorized third parties, or not, of those messages that those USERS disseminate or put to provision through the Forum service.
ARTELISTA does not guarantee the availability, continuity or the infallibility of the running of the service, and therefore excludes, insofar as legally possible, any liability for damages of any nature that may result from the lack of availability or continuity of the running of the Website and of the services provided therein, as well as errors in the access to different web pages or those from which, where appropriate, these services are rendered.
3.6 Personal Data
As mentioned above in the paragraph 1 of these conditions of use of Forum service, the access and the use of the Forum is conditioned by the prior acceptance of these Terms of use of the Forum service. ARTELISTA informs its USERS that the personal data will be treated according to the data protection policy of the Website WWW.ARTELISTA.COM, which can be found in the Legal Terms and Conditions of ARTELISTA. Also, the USER consents that the opinions expressed in the ARTELISTA Forums may be found and accessible through the Internet search engines. The USERS guarantee the truthfulness, accuracy, validity and authenticity of the personal data provided, and undertakes to keep them properly updated.
3.7 Security measures
Given that the security measures in the Internet are not unassailable, regarding the privacy and security of the use of the forum services, ARTELISTA does not guarantee that third parties, authorized or not, may have knowledge of the type, conditions, characteristics and circumstances of use that the USERS make of the service or can access and, in this case, access, intercept, eliminate, alter, modify or manipulate messages and communications of any kind that the USERS disseminate or make available to third parties through such services.

3.8. No license
ARTELISTA authorizes the registered USER to use of the intellectual and industrial property rights relating to the software that allows the performance of the services that comprise the service only for the use provided in these terms and conditions.
ARTELISTA does not grant any licence or authorisation of use of any kind about their intellectual and industrial property rights or on any other property or right related to the Forum service on this Website or on the contents in the Declaration of Intellectual and Industrial Property Rights of the Website WWW.ARTELISTA.COM that the USER can find in the Legal Terms and Conditions of ARTELISTA.
3.9. Applicable Legislation
These conditions are ruled in all and each of its clauses by the Spanish law. The USERS can submit suggestions or proposals for the improvement of the different contents, activities and/or services contained and/or enabled on the Website by contacting us through the e-mail: info@artelista.com.
It is strongly recommended that the USER print the Conditions of the Forum service previously exposed and that preserve those in his/her power.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS Copyright © 2001 – 2012 – ARTELISTA WORLDWIDE S.L.-All rights
All exploitation rights are reserved.
This Website is ruled by the Spanish law and it is protected by the national and international legislation on intellectual and industrial property.
The texts, designs, images, databases, logos, structure, brands and other elements of this site owned by ARTELISTA are protected by international laws and treaties on intellectual and industrial property.
Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other exploitation of all or of part of the content of this site owned by ARTELISTA, made in any form or by any means, electronic, mechanical or other, are strictly prohibited unless prior written authorization of ARTELISTA or other owners. Any infringement of these rights may lead to the appropriate civil or penal extrajudicial or judicial proceedings.
However, the registered USERS will be able to avail themselves of the Creative Commons licenses for their published artworks so that they may promote and share their artworks with other USERS observing their author rights and they also may associate a type of license to their artworks or assign licenses to each artwork separately with the option of Free ARTELISTA. If they avail themselves of the Creative Commons Licenses, their artworks:
-May be sent as postcards to other USERS.
-May be downloaded to the USERS computers, respecting his authenticity.
In this way, the USERS that avail themselves of the Creative Commons license will have only a few reserved copyright rights, those chosen depending on the license type.
The legitimacy of the intellectual or industrial property rights corresponding to the contents provided by the USERS is the sole responsibility of the same.
For the purpose of preserving any intellectual property rights, in the event that any USER or third party considers that it has been a violation of their legitimate rights by the introduction of a specific content on the website, the USER must notify such circumstance, in writing, to PORTAL ARTELISTA.COM, Testa building - C/Barnils 64-68, D, 4ª floor 08174 Sant Cugat del Vallès (Barcelona), indicating:
-Personal data useful to identify the interested person holder of the rights allegedly infringed. If the claim is presented by a third party other than the interested party, he/she shall indicate the representation which he/she acts with.
-The contents protected by the intellectual property rights and its location on the web.
-Accreditation of the existence, ownership and validity of the intellectual property rights.
-Express statement in which the person takes responsibility for the accuracy of the data and information provided in the notification which is referred to in this point.
5. DATA PROTECTION POLICY
5.1 Right of information
The present data protection policy regulates the access and use of the services of the website WWW.ARTELISTA.COM, (hereinafter "ARTELISTA") that ARTELISTA WORLDWIDE S.L. freely puts at the disposal of the Internet USERS interested in its services and contents (hereinafter, the “USERS”).
According to the Organic Law of Personal data Protection (hereinafter “LOPD”) 15/1999, 13th of December, ARTELISTA, as owner of the website, informs the USER of the existence of files of personal data set up by it and under its responsibility.
ARTELISTA fully complies with current legislation on protection of personal data and with the confidentiality commitments specific to its activity.
If the USER decides to register on ARTELISTA.COM (both company and individual), the USER will be requested the data strictly necessary for the achievement of the Website’s goal, which is not other than the facilitation of the communication of the artworks published in ARTELISTA.COM between authors, owners, gallery owners and individuals, and the report of the initiatives of ARTELISTA in the spreading of art.
For this purpose, the USERS will be asked for filling in a form and the inclusion of their personal data. The treatment of these data will be focused only towards these ends, always within the established regulations framework.
The data provided by the USER will be incorporated into a personal data file, which is duly registered in the Data Protection Agency (AEPD in the Spanish acronym).
5.2. Purpose
The data of the USERS registered via the form enabled to this effect on WWW.ARTELISTA.COM are collected by ARTELISTA, and this registration involves the USER express authorization to the sending of electronic communications of any kind of commercial or promotional activity of ARTELISTA.COM with the aim of offering artworks to the users, as well as electronic communications with the following purposes:
-Facilitate the access to and the search for information related to art and artworks published by the USERS according to various categories of artists and search for new artworks, updated galleries, name of author, country.
-The inclusion of the artworks on ARTELISTA.COM with the possibility of choosing the Creative Commons license that better suits their interests.
-The creation of their own artist domain on ARTELISTA that will be seen publicly by all the USERS of the Portal.
-The creation of an ARTELISTA community where the USER can see his/her followers and his/her recent favourite artworks.
-The vote and evaluation of the artworks whose authors have accepted their assessment and their access to the tops of ARTELISTA.
-Facilitate the criticism and comments on the artworks of other artists and manage their own artworks’ reviews.
-Sending postcards and artworks to friends.
-Inform the USERS of art exhibitions.
-Creation of a list of favourite artworks and authors to receive notifications of their new artworks.
-Participation in the Forum that ARTELISTA offers to its USERS.
-Sending of a newsletter with all the latest news in the world of art.
-Access to all the Newsletters sent and published by ARTELISTA.
-Access to the "Most expensive paintings" section that ARTELISTA offers thanks to the Antiqvaria magazine.
-Provide the USERS artists with their own space in which they can show their artworks to other USERS.
-Facilitate the USERS the free access and search in the database of artworks through new artworks/updated galleries/author name/country.
-Provide the USERS with the possibility to vote, make reviews and/or comments of the artworks they wish.
-Provide the USERS with a space where to gather their favourite artworks in a collection.
-Sending of promotional and informative communications on the artistic sector and on other sectors of interest as set out in the section 5.6 of the present privacy policy document. 5.3. Compulsory or optional nature of the information provided by the USER and the veracity of the data
The fields marked with an asterisk (*) in the registration form that has to be completed by the USER are strictly necessary to agree to your request, being voluntary the inclusion of data in the remaining fields.
The USER guarantees that the personal data provided to ARTELISTA are truthful and it is the responsibility of the USER to communicate any modification of these data.
The USER guarantees that all the personal data provided is accurate and is updated so that it reflects truthfully the current situation of the USER.
It is the USER concern and duty to maintain, at all times, the data updated, being the USER the sole responsible for the inaccuracy or falsity of the information provided and for any damages that may cause this to ARTELISTA or third parties when using the services offered by ARTELISTA.
5.4. USER consent
When filling out the form and sending the data, the USER expresses to have expressly read and accepted the Legal Terms and Conditions, and grants his unequivocal and express consent to the processing of the personal data in accordance with the informed purposes and services provided by ARTELISTA.
Likewise, the USER consents that at the time of registration, his artworks and USER profile will be publicly visible to other USERS on ARTELISTA as well as on the various Internet search engines.
5.5 Data provided by minors
People over fourteen may be registered in ARTELISTA.COM as USERS without the consent of their parents or guardians.
In the case of those children under fourteen, the consent of parents or guardians is required for the processing of the personal data.
In any case, data relating to the professional, economic situation or to the intimacy of the others members of the family would be gathered from the minor without the consent of these.
If you are under fourteen and you have accessed this Website without informing your parents of it, you must not register as a USER.
5.6 Electronic communications
The filling out and the sending of the ARTELISTA.COM form, means the express consent of the USER to the sending of a newsletter that includes news, commercial promotions and the most relevant novelties and information of the Website, as well as electronic communications relating to the art sector. The USER can request the edition or removal of his/her e-mail from the ARTELISTA distribution list safely, quickly and without cost. To do so, the USER has a link enabled to this purpose in every electronic communication sent by ARTELISTA. If the USER want to keep the account on Artelista but does not want to receive the electronic communications sent by Artelista, the USER can send an e-mail to info@artelista.com specifying that he/she wants to have an account on Artelista but that he/she does not want to receive our Newsletters and electronic communications anymore. The USER authorizes ARTELISTA to provide information to third-party companies to manage the orders or purchases made at ARTELISTA. 5.7 Security
The USERS are informed that ARTELISTA has adopted the technical and organizational measures, according to the established regulations, to guarantee the security of the personal data and to avoid its alteration, loss, treatment or unauthorized access, bearing in mind the state of technology, the nature of the stored data and the risks to which they are exposed. All this in accordance with what is established in the Royal Decree 1720 / 2007, of December 21st, by which it is passed the Regulation of development of the Organic Law 15 / 1999, of December 13th, on the protection of personal data and others procedures of control for the security of the systems of information.
5.8 Cookies and IPs
The USER accepts the use of cookies and tracking of IP addresses. Our traffic analyzer through the use of cookies and the tracking of IPs allow us to collect data for statistical purposes such: first visit date, number of times the site has been visited, last visit date, URL and domain that come from, used browser and screen resolution. However, the USER can disable and/or remove these cookies following the instructions of the Web browser.
ARTELISTA does not use techniques of "spamming" and will only process the data provided by the USER using the electronic form enabled on the website or on email messages.
This website reports that it is attached to the "Google AdSense" advertising system, which uses "cookies" to show advertising content related to the navigation made by the USER.
When a USER accesses a website attached to the service "Google AdSense" and clicks on it, a cookie is kept in the browser, through which "Google" collects the navigation information of the USER to manage and later serve ads through the "Google AdSense" service.
The USER can disable the use of Google cookies by turning off the cookie in the browser at any time.
This website uses Google Analytics, an analytical web service provided by Google, Inc., a company of Delaware whose principal headquarter is located at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States ("Google").Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze the use that make the USERS of the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in The United States. Google will use this information on our behalf in order to keep track of your use of the website, compiling reports of activity for the website operators and providing other services relating to website activity and Internet usage. Google may also transfer such information to third parties when required by law or when such third parties process the information on behalf of Google. Google will not associate your IP address with any other data held by Google. The USER can reject the processing of the data or information rejecting the use of cookies by selecting the appropriate settings on the browser; however, if the USER does so, it is possible that the USER cannot use the full functionality of this website. By using this website, the USER consents to the treatment of information about the USER by Google in the manner and for the purposes above mentioned.
5.9. Right of Access, Rectification and Cancellation of Data
The USER has the right to have access to this information, to rectify it if the data are incorrect and to unsubscribe from the ARTELISTA services.
These rights can be enforced through the configuration of the webpage. In the event of problems for the effective implementation online, as well as for any doubt or dispute regarding our privacy policy, you may direct it either to: ARTELISTA WORLDWIDE S.L. (ARTELISTA.COM) Testa building, Av. Alcalde Barnils 64 - 68, block D, 4th floor 08174 –Sant Cugat del Vallés, Barcelona, Spain.
Or through our e-mail address: info@artelista.com indicating the referenced subject.
The treatment of personal data, as well as the sending of commercial communications made through electronic means, are in conformity with the Organic Law 15/1999, of December 13th, of protection of Personal data (B.O.E. of December 14th 1999) and with the Law 34/2002, of July 11th, of Information Society Services and E-Commerce (B.O.E. of July 12th 2002) and with the rules that develop them.
5.10. Modification of the present Data Protection Policy
ARTELISTA reserves the right to modify the present policy in order to adapt it to future legislative or jurisprudential novelties.
5.11. Applicable Legislation
The present Privacy Policy and other Legal Terms and Conditions of the website are governed in all and each of its clauses by the Spanish law. Legal Terms and Conditions: 10/24// 2011.
5.12. Language
In the event of conflict of interpretations of the different translations of all the Artelista Legal Terms and Conditions, both sides agree that the Spanish version prevails over the rest.
ARTELISTA
2. CONTRACTING GENERAL TERMS AND CONDITIONS FOR CUSTOMERS OF WWW.ARTELISTA.COM
First - Object

This General Sales Conditions regulate the purchase by the registered users in WWW.ARTELISTA.COM (hereinafter, the “Website”) of the products put up for sale on the Website.

The owner of this Website is the Spanish partnership ARTELISTA WORLDWIDE S.L. with domicile at Sant Cugat del Vallés (Barcelona), Avenida Alcalde Barnils, 64-68, block D, registered at the Barcelona Commercial Registry at volume 39.676, Folio112, sheet 350517, and holder of the CIF number B-64560360 (hereinafter, “Artelista”)

The users can contact Artelista through the electronic mail address customerservice[at]artelista[dot]com and/or through the telephone number (34)935045650.

Through the Website, Artelista offers the users a site that allows them to have access and to purchase works of art (original artworks and prints) or any other product related to the art world.

The access to the Website is regulated by the Terms of Use and the Privacy Policy that the user accepts at the same moment he/she is registered on the Website and that will be applied, in the current version for every moment, every time the user access to the Website. The purchase of any of the products on the Website is regulated by this Contracting General Terms and Conditions. In case there was a disagreement between these Contracting General Terms and Conditions and the Terms of Use and/or the Privacy Policy, the text of the Contracting General Terms and Conditions will prevail over the rest.
ARTEISTA reserves the right to modify, without prior notice, the content of the Contracting General Terms and Conditions, so Artelista recommends the USER to read the Conditions every time he/she realizes a purchase on the PORTAL ARTELISTA.COM.

Second.-Sale of artworks
ARTELISTA declares that has the rights of sale, reproduction, distribution and public communication of all the artworks put up for sale on ARTELISTA. These rights have been granted to ARTELISTA by the authors of the artworks or by those who are authorized to assign author rights.
The products that the users can purchase through the website are artworks (originals or prints) provided by:
The authors themselves directly on the Website
The art galleries directly on the Website
Artelista, through agreements with companies that hold licenses of exhibition and reproduction of Great Masters.

ARTELISTA acts as intermediary in the selling of original artworks, selling on behalf of the artist or the gallery to the customer.
ARTELISTA sells directly the prints to the customer.
Third.-Property and veracity of the content
The authors of the artworks or the sources of the same, state that all the content provided coincide with the reality of the products. In this regard, indicate that the descriptions, features, price and picture of the artworks have been provided to Artelista by the authors or by the sources that have provided the content, exempting ARTELISTA from total responsibility for the inaccuracy or lack of veracity thereof.
The authors of the artworks guarantee Artelista the authenticity of the original artworks that they put the sale through the Website, as well as the immediate availability of them in less than 72 hours from the reception of the Artelista notification of the sale. Similarly, the authors express that they own the copyright of the artworks put up for sale and that transfer to ARTELISTA the right of reproduction and public communication of them in exchange for a commission on the realized sales.
All the provided content of the artworks put up for sale on Artelista is the responsibility of the authors or of the source that has provided such content on Artelista, being Artelista exempted from any kind of responsibility for the artwork.
Fourth.-Price of the Artwork
The price of the Artworks is set by their authors or by the galleries. The price of the Great Masters prints is set by Artelista. The prices are set in Euros and in American Dollars according to the current exchange and are shown in the currency chosen by the customer. The cost shown on the Website includes the applicable taxes, according to the current type every moment, with the no inclusion of the possible taxes and duties of transportation to the destination country or other that may apply.

Fifth.-Commissions
ARTELISTA provides the users with the possibility to commission artworks through an active form for those artists who accept commissions. In the event that the user decides to ask for a commissioned artwork, the user must make the payment in advance of the 50% of the total amount of the order. ARTELISTA will send pictures to the user for the follow-up of the commission. Once the commission is finished and after the user’s approval, the user will realize the pending payment together with the delivery costs.
Sixth.-Purchase of the Artwork, buying and selling formalization and payment

The user will pay the Artwork the same moment he/she formalizes the buying and selling through the Website.

According to the clause regarding the price, before the filling in of the buying and selling form, the user will know the final price of the Artwork, which is composed by:
- Price of the Artwork
- Delivery costs
- Any other concept that could be applied and that the user will be informed of, the previous moment to the buying and selling formalization.

The user can choose any of the three following payment methods in order to make the payment:
- Credit Card (Visa, MasterCard or AMEX)
- PayPal Service (access to the User Agreement for PayPal Service) https://cms.paypal.com/es/cgi-bin/?cmd=_render-content&content_ID=ua/UserAgreement_full&locale.x=es_ES
- Bank transfer to the account owned by Artelista and that is provided during the purchase process. If the user chooses this method of payment a management fee would be applied.

In the event of misinformation regarding the availability or the price of the artwork, which the artist is responsible for having it updated, Artelista is exempted regarding the customer from any responsibility derived from this purpose.
Artelista will notify the customer about the unavailability or about the correct and updated price as soon as possible, so that the customer can choose whether to buy another artwork or to ask for a return – refund of the paid amount. If the customer does not choose to purchase another artwork, Artelista will make the refund within a period of seven days from the moment of the customer’s notification, being the order cancelled and being the contracting of the service for the customer’s part totally expired.

In the event of exportation of an original artwork, due to the intermediary task realized by ARTELISTA during the buying and selling process, the exporter is the artist and the importer the customer, being they both responsible for the exportation and the importation respectively.
In the event of an exportation of a reproduction, the exporter is ARTELISTA and the importer is the customer, being they both responsible for the exportation and the importation respectively.

Seventh.-Other services provided by Artelista
In addition to the services previously described, ARTELISTA offers the USERs the following services or products:
- For original artworks, ARTELISTA issues an authorship certificate of the artwork signed by the artist.
- For reproductions, ARTELISTA issues a certificate of authorship and guarantees the use of Hewlett Packard technology and materials.
- Transportation Insurance included and contracted with insurance companies of recognized prestige.
- Customer service via live chat, e-mail or phone to attend to any doubt or report.
Eighth. - Security Measures

Artelista guarantees Security Measures in the transactions to the users, since Artelista has current security protocols and services.
Artelista also informs its users that in order to increase its security guarantee during the transactions, Artelista collaborates with the firm Thawte, one of the main and most recognised certificating companies in the field of the Authentication and security on the Internet.

Ninth - Delivery of the purchased Artworks

Artelista will manage the delivery of the Artwork through a prestigious international or national Courier, which will be the last responsible of the delivery at the address indicated by the user in the order form, not being Artelista the responsible of the delivery problems derived from an erroneous or inexact information provided by the user.

The maximum period between the buying and selling formalization and the delivery of the Artworks will be 30 days. For these purposes, it will be considered that the delivery has occurred at the same moment in which the transport company in charge of the transportation of the Artwork put the Artwork at the user’s disposal.

On the assumption that a delay occur in the established maximum period that could be attributable to Artelista, the user will have the right to return the Artwork. For these purposes, it will not be considered that a delay in the delivery of the Artworks exists if the Artwork has been put at the user’s disposal within the expected period but it could not be delivered because of a cause attributable to the user.

On the assumption that the transport company executes an unsuccessful delivery attempt, the company will leave a delivery notification to the user for him/her to be able to contact the company and to coordinate a new delivery.

On the assumption that neither the transport company nor Artelista could get in touch with the user to coordinate the delivery of the Artwork in a maximum period of 15 working days starting from the moment of the first delivery attempt, the transport company will be able to realize a return of the Artwork to the author in the case of original artworks and to Artelista, in the case of prints, and the user will assume the total of the generated expenses (delivery, return and any other related processes).

At the moment of the delivery, the user will have to check the condition of the package, indicating in the delivery note any anomaly he/she could detect on the package. Once the package is opened, if the user detects any anomaly on the Artwork, he/she undertakes to inform Artelista of it through the user’s menu or through an e-mail to customerservice[at]artelista[dot]com indicating in the subject the Order ID, in a maximum period of 7 working days starting from the moment of the delivery of the Artwork.

In the case of original artworks sent directly by the author and that entail an export - import, the author is considered the exporter, being responsible for the management of the export. Similarly, the buyer shall be considered the importer of the artwork and must pay to the customs officer or the courier, at the time of delivery, the accrued amounts in the event that there are duties or import taxes.

Tenth- Return of the Artwork

The user will have a period of 14 working days, starting from the moment of the successful delivery of the artwork, in which he/she will be able to desist from the buying and selling and change or return the Artwork(s).
To this end, the user can:
-Send an email to customerservice@artelista.com, so that the Customer Service department can give indications on how to proceed with the change or the return of the product, and ARTELISTA can manage with the courier the picking-up of the product(s) on the place and date agreed with the customer.
-Send the artwork(s) to the following address:
Edificio Testa Sant Cugat del Vallés
Avda Alcalde Barnils 64-68, D - 4 th
08174 Sant Cugat del Vallés (Barcelona) – España
In both of the above mentioned cases, Artelista offers its users free return fees up to 150 Euros (or the equivalent to the current exchange at the same moment of the sending of the withdrawal document). The user will assume the return costs exceeding this quantity. In any case, the user will assume any other costs associated to the return (customs officers, duties or import taxes).
Artelista will only accept the returns that fulfil the following requirements:
1. The return of the Artwork(s) is exercised in the expected period.
2. The return has to be exercised in a package in order to guarantee the perfect condition of the Artwork(s).
3. A copy of the Artwork’s delivery note must be included.
Once the author of the original artwork has received the artwork(s) or that, in the case of a print, ARTELISTA has received the same, shall be verified that the artwork is in perfect condition and the statement of the user accounts will be validated on the basis of the paid amount, the return fees and other associated costs.
The USER can choose between changing the returned artwork for another one that the user can choose or ask for a refund - refund of the remaining balance of the statement of accounts of the user.
If the user chooses to change it by another artwork, shall be calculated the positive or negative balance in the statement of the USER accounts regarding the new purchase and the balance will be settled.
In the event that the user choose the refund - refund of the balance of the statement of the user accounts, ARTELISTA shall, within a period of 30 days, pay the balance in the same way in which the user had paid the artwork(s).
Eleventh- Guarantees

Artelista acts as a mediator between the authors of the Artworks and the users that purchase them, and on this regard, Artelista informs the users that the authors of the Artworks guarantee the following points:

- Authenticity
- Originality
- No violation of third party rights.
- The Artwork does not belong to the Historical Heritage of the country.
- The Artwork is neither an inexportable good nor an item of Cultural Interest.

Regarding the sale of prints, Artelista takes responsibility as the seller of such artworks and informs that it possesses the reproduction rights transferred by the contemporary authors and that, in the event that there are reproduction rights associated to the photos of the Great Masters artworks, Artelista has these reproduction rights assigned by the companies possessing such rights.
Twelfth- Insurance and accident
ARTELISTA insures all the shipments of original artworks and prints for the value of the artwork. ARTELISTA takes this insurance with top international insurance companies.
In the event of incident, ARTELISTA undertakes to exchange the artwork that has undergone damage with other one chosen by the customer or to pay for the amount paid to the customer.
Thirteenth- Intellectual Property

As an addition to what is provided in the Terms of Use http://www.artelista.com/en/legal-conditions.html, which are also applicable to the buying and selling realized by the users, Artelista informs its users that the authors of the Artworks and the owners of the pictures of the Great Masters artworks, declare they are the owners of the Intellectual Property Rights of the Artworks and, therefore, the users undertake not to use the Artworks with any purpose that could be against the referred authorship or rights, being an exception what is mentioned in the Terms of Use regarding the CREATIVE COMMONS licenses.

Fourteenth- Protection of Personal Data

As an addition to what is indicated in the Data Protection Policy of the Website, which is entirely applicable to this transaction http://www.artelista.com/en/legal-conditions.html, Artelista informs its users:
- That the data provided by the user during the Artwork buying process will be used by Artelista with the only aim of being able to formalize the buying and selling and to manage the delivery and the possible return of the purchased Artwork.
- That the data will be incorporated in the files owned by Artelista, will be declared and will be registered in the Registration Data Protection Agency.
- That the transaction data will not be stored.
- That at any moment and according to what is provided in the Organic Law 15/1999 dated 13 December on the Protection of Personal Data and its development Regulations, the users will be able to exercise their rights of access, rectification, cancellation and opposition of their personal data by means of a written request to be sent to the electronic mail address customerservice[at]artelista[dot]com.

Fifteenth- Nullity

On the assumption that any clause of these conditions was declared null and void, the rest of the clauses will remain valid and will have to be interpreted in accordance with the will of the parties and the aim of the text.

Sixteenth- Applicable Law and jurisdiction

These conditions will be ruled by the Spanish Law. In any controversy arisen from the interpretation and/or execution of these laws, both sides submit, to their free choice, and with renunciation of any other jurisdiction, to the jurisdiction that the current regulations of the Private International Law designate as competent.
ARTELISTA
3. GENERAL TERMS AND CONDITIONS FOR THE SALE OF ARTISTS’ ARTWORKS ON WWW.ARTELISTA.COM
First.-Object
This General Terms and Conditions regulate the sale of artists’ artworks on WWW.ARTELISTA.COM.

The owner of this Website is the Spanish partnership ARTELISTA WORLDWIDE S.L. with domicile at Sant Cugat del Vallés (Barcelona), Avenida Alcalde Barnils, 64-68, block D, registered at the Barcelona Commercial Registry at volume 39.676, Folio112, sheet 350517, and holder of the CIF number B-64560360 (hereinafter, “Artelista”)

The artists can contact Artelista through the electronic mail address customerservice[at]artelista[dot]com.

Through the Website, Artelista offers the users a site that allows them the exhibition and/or sale of artworks.

The access to the Website is regulated by the Terms of Use and the Privacy Policy that the user accepts at the same moment he/she is registered on the Website and that will be applied, in the current version for every moment, every time the user access to the Website. The sale of any of the products on the Website is regulated by this General Terms and Conditions for the Sale of Artists’ Artworks. In case there was a disagreement between these Sale General Terms and Conditions and the Terms of Use and/or the Privacy Policy, the text of the Contracting General Terms and Conditions will prevail over the rest.
ARTEISTA reserves the right to modify, without prior notice, the content of the Sale General Terms and Conditions, so Artelista recommends the USER to read the Conditions every time he/she sells on the PORTAL ARTELISTA.COM.

Second.-ARTELISTA provides a space for the sale of artworks
ARTELISTA is the leading art website addressed to individuals and it offers the following services to the artists:
A monthly audience of more than 1,000,000 people from 170 countries.
The largest online space for the exhibition and sale of original artworks and prints.
The possibility that the artist can create a page on Artelista for free.
ARTELISTA not asking for exclusivity to the artist.

Third.-Declarations of the Artist
The present General Terms and Conditions for the Sale of Artists’ Artworks are applied to those artists wishing to sell their original artworks or prints through ARTELISTA and that have activated the option through ARTELISTA.
In this way, the artist authorizes ARTELISTA to manage the sale of his/her artworks to the users of the portal. Similarly, the artist authorises ARTELISTA to realize commercial actions, campaigns and advertising via third companies using the artworks put up for sale by the artist at ARTELISTA. The above mentioned commercial actions, campaigns and advertising would be realized under the brand of the third company and the brand ARTELISTA.
The artist states the following:
That is the author of the artworks included on ARTELISTA and/or that holds the sale, reproduction or public communication rights of the artworks.
That has access to the e-mail informed on ARTELISTA and that revises any communication sent by ARTELISTA in less than 72 hours.
That has the original artworks put up for sale and that can access to them in less than 72 hours.
That undertakes having the artwork packed and ready for shipment within a maximum period of three days from the notification of the sale sent by ARTELISTA.
That has set freely the price of the original artworks and prints, exempting ARTELISTA of any responsibility for setting the price thereof.
That holds the rights of reproduction and public communication of the artworks put up for sale and that assigns such rights to ARTELISTA for commercial operation through a commission on the sales.
That the information provided to ARTELISTA corresponds to the reality of the artwork exempting ARTELISTA from any responsibility.
That assigns the right of public communication of all the pictures inserted on ARTELISTA, to be able to use them for commercial and promotional purposes.
That authorizes ARTELISTA to issue invoices on his/her behalf by the amount of the commissions generated by the sale of prints or any other sale coming from the trade relation between the author and ARTELISTA.

Fourth.- Artwork Details
The artist undertakes to introduce all the truthful information requested on the artwork tab in order to formalize the sale. Specifically, the artist undertakes to enter the artwork’s price, dimensions, technique, media type and other data requested in the artwork tab. The button “Buy”, that enables to buy the artwork online, appears when Artelista has all the necessary data.
The artworks put up for sale lacking all the information described above, will not have the button “Buy”.
The artist undertakes to upload high quality pictures to Artelista with the aim of realizing prints with as higher quality as possible.

Fifth.-Artwork Sale Process
Through the website, the artists can sell and the users can purchase the following products:
-Original artworks: ARTELISTA sells the artwork on behalf of the artist. The customer purchases online the artwork on ARTELISTA; ARTELISTA receives the money from the customer and sends a notification of the sale to the artist. The artist access his/her account on ARTELISTA, revises and download the shipping tutorial, the certificate of authenticity, and in the case of exportation, the pro-forma invoice. The artist updates on his/her profile, is still don’t, the necessary data for the picking-up, the invoicing and the payment (the button “Buy” appears on the artworks of those artists that have at least the country informed, as it is necessary to show the customer the delivery costs). The artist prepares the packaging and the documentation according to the shipping tutorial provided by ARTELISTA and sends ARTELISTA a photograph of the package and its dimensions.
The artist undertakes to have the artwork packed and ready for shipment within a maximum period of three days from the moment of the notification of the sale sent by ARTELISTA. In the case of an export of an original artwork, due to the intermediation realized by ARTELISTA in the process of buying and selling, the exporter is the artist and becomes responsible of the management of all the formalities for the export. In the event that ARTELISTA has negotiated agreements with carriers, those depending on the country of origin and destination, ARTELISTA manages the shipment by sending the artist the delivery notes or the labels of the carrier for the picking-up.
Once the customer receives the artwork and within 14 working days from its receipt, which is the period stipulated by ARTELISTA so that the customer can make the return of the artwork, ARTELISTA will proceed to make the payment to the artist. The payment will be monthly on the 25th. The payment will be in Euros, taking into account the amount the customer pays for the artwork and deducting from this amount, the commission of ARTELISTA, applying at every time the current taxes or charges for each operation.
-Prints: ARTELISTA sells prints of original artworks to the customers. The customer purchases online on ARTELISTA the print of the artist’s original artwork. ARTELISTA receives the money from the customer and manages the printing of the high resolution picture. ARTELISTA’s suppliers print the reproduction and are responsible for the packaging. ARTELISTA manages the shipment of the print with the carriers. Within 7 days after the receipt of the print, ARTELISTA sends a notification to the artist informing him/her of the sale, of the commission and of the date of payment. The payment to the artist will be monthly on the 25th. The payment will be in Euros taking into account the artist’s commission, applying at every time the current taxes, deductions or charges for each operation.
Sixth.-Commission of artworks
ARTELISTA offers the users the possibility of making commissions through a form activated for those artists who accept commissions. In the event that the user decides to make the commission, the user must pay the 50% of the total amount in advance. If the artist accepts commissions and has accepted one, by the present contract, the artist undertakes to initiate and finish the artwork following the instructions provided by the customer and by ARTELISTA. The artist would send pictures so that Artelista can follow the commission process. Once the commission is finished and after the approval of the customer, the process will follow the steps mentioned in the fifth clause of this document.
Seventh.-Price
The price of the artworks is set in Euros and in American dollars according to the current exchange and they appear in the currency chosen by the customer. The price shown on the Website includes applicable local taxes – VAT, to the current type at any moment, and does not include possible taxes and import duties to the country of destination and others that may apply.

Eighth.-Services provided by ARTELISTA
Artelista offers the following services for the promotion and sale of artworks:
-Investment in online marketing: SEO, SEM, affiliation, etc.
-Payment through the ARTELISTA secure payment platforms (card transfer, PayPal or credit) for the customer
-Payment to the artist guaranteed. Artelista guarantees the payment of the sale through the signing of the present general conditions for sale.
-Issuing of a certificate of authenticity of the unique artwork that must be signed by the artist.
-Issuing of a certificate of authenticity of the print that ensures the use of Hewlett Packard technology and materials.
-Information and instructions for the packing of original artworks and for the needed exportation documents.
-Possibility of managing the logistics and shipping through the ARTELISTA’s account with the leading companies on international transport.
-Contracting of the transport insurance through agreements between ARTELISTA and first-rate international insurance companies.
-Customer service via email, phone and live chat.

Ninth.-Formalization of the sale of the artwork
The buying and selling of the artwork will be formalized at the moment the customer pays online the artwork.
Tenth.-Economic Conditions
Artelista offers the artist the following economic conditions:
For the sale of original artworks: ARTELISTA offers the artist the 65% of the price of the original artwork set by the artist and paid by the customer. The commission perceived by ARTELISTA for all services rendered is the 35% of the price of the original artwork. For the sale of prints: ARTELISTA offers the artist, in respect of the Author’s Rights, the 35% of the price (without VAT) of the prints paid by the customer, including the possible promotional discounts. The 50% of the price of the print is divided up among the printing costs, marketing online, logistics and customer service. Where applicable, ARTELISTA shall apply taxes and current deductions according to the country, individual and transaction. The conditions mentioned above will be adjusted according to the General Terms and Conditions for the contracting of PRO services, depending on whether the artist is a bronze, silver or gold PRO Artist. In the event that the online sale of an original artwork may not be possible for not having the price or the dimensions properly informed, the parties agree that a penalization of 10 points will be applied to the artist’s the economic conditions, due to the costs of management of ARTELISTA increase. This way, the profit for the artist will be a 55% of the price of the artwork instead of the 65% previously fixed, also taking into account if it is a PRO artist.
In case Artelista realize commercial actions and print sale oriented campaigns through third companies, the commission of the artist, as author rights payment, will be the 35% of the net margin of the sale of every print. The net margin is the remaining amount after deducting from the sale price paid by the customer the taxes, the fixed or variable costs of commercialisation or commissioning of the third company in charge of the campaign, the costs of printing and the expenses of shipment Artelista may incur. The payment to the artist will be realized once the third company realize the payment to ARTELISTA.
Eleventh.-Return of the artwork
In the event that the customer returns the artwork, ARTELISTA will deliver the artwork to the artist. The artist, for the present contract, accepts the return of the artwork by the customer for any reason within the period set by ARTELISTA, 14 working days from the reception of the artwork by the customer. The artist will inform of the reception of the artwork and of any anomaly in the shipment. The artist does not assume any cost for the return of the artwork. Similarly, the artist undertakes to accept the return of the artwork by delay or failure in the delivery to the customer, for lack of documentation associated with the delivery of the artwork, or for any other reason beyond ARTELISTA.
If the customer returns the artwork for any of the previously described reasons, Artelista would not be obliged to make the payment of the artwork to the artist.
Twelfth-Insurance and accident
ARTELISTA insures all the shipments of original artworks and prints for the value of the artwork. ARTELISTA takes this insurance with top international insurance companies. In the event of incident, if the artist has followed the instructions provided by ARTELISTA, ARTELISTA undertakes to pay the artist the commission for the sale of the artwork after the insurance company has paid Artelista the indemnity for the sinister.
Thirteenth-Security measures
Artelista guarantees Security Measures in the transactions to the artist, since Artelista has current security protocols and services.
Artelista also informs its users that in order to increase its security guarantee during the transactions, Artelista collaborates with the firm Thawte, one of the main and most recognised certificating companies in the field of the Authentication and security on the Internet.
Fourteenth.-Guarantees
For the sale of original artworks, Artelista acts as a mediator between the authors of the artworks and the users that purchase them. The artists guarantee the following for every artwork put up for sale:

- Authenticity
- Originality
- No violation of third party rights.
- The Artwork does not belong to the Historical Heritage of the country.
- The Artwork is neither an inexportable good nor an item of Cultural Interest.

Fifteenth.-Intellectual Property
As an addition to what is provided in the Terms of Use http://www.artelista.com/en/legal-conditions.html which are also applicable to the buying and selling realized by the users, the authors of the artworks announce Artelista that they are the holders of the intellectual property of the artworks and declare they are the holders of the intellectual property rights thereof.

Sixteenth.-Protection of Personal Data
As an addition to what is indicated in the Data Protection Policy of the Website, which is entirely applicable to this transaction http://www.artelista.com/en/legal-conditions.html, Artelista informs its users:
- That the data provided by the user during the Artwork buying process will be used by Artelista with the only aim of being able to formalize the buying and selling and to manage the delivery and the possible return of the purchased Artwork.
- That the data will be incorporated in the files owned by Artelista, will be declared and will be registered in the Registration Data Protection Agency.
- That the transaction data will not be stored.
- That at any moment and according to what is provided in the Organic Law 15/1999 dated 13 December on the Protection of Personal Data and its development Regulations, the users will be able to exercise their rights of access, rectification, cancellation and opposition of their personal data by means of a written request that has to be sent thought electronic mail to the electronic mail addresses servicioalcliente[arroba]artelista[punto]com, customerservice[at]artelista[dot]com.

Seventeenth-Obligations, breaches and sanctions
The artist undertakes to follow all the instructions, processes and protocols provided by ARTELISTA with as greatest diligence and quality as possible. The artist undertakes not to include any kind of personal commercial information or of third parties in the shipment to the customer. Hereby, the artist undertakes not to include any email, phone, internet domain or any other data on the packaging of the sold artwork.
The breach of any of the statements on these conditions and in particular those of the third clause on part of the artist is considered as very serious and, when deemed by ARTELISTA, it could lead to the removal of the artist’s account from the portal ARTELISTA. Similarly, the failure of the disposal, access and shipment of an artwork put up for sale on Artelista by the artist, due to the impossibility to deliver the artwork that the customer has purchased, is also considered a serious breach. This breach entails the artist removal from the portal ARTELISTA.
Eighteenth-nullity
On the assumption that any clause of these conditions was declared null and void, the rest of the clauses will remain valid and will have to be interpreted in accordance with the will of the parties and the aim of the text.

Nineteenth.-Applicable law and jurisdiction
These conditions will be ruled by the Spanish Law. In any controversy arisen from the interpretation and/or execution of these laws, both sides submit, to their free choice, and with renunciation of any other jurisdiction, to the jurisdiction that the current regulations of the Private International Law designate as competent.

4. GENERAL TERMS AND CONDITIONS FOR THE CONTRACTING OF PRO SERVICES ON WWW.ARTELISTA.COM
First.-Object
This General Terms and Conditions regulate the contracting of PRO services on WWW.ARTELISTA.COM.

The owner of this Website is the Spanish partnership ARTELISTA WORLDWIDE S.L. with domicile at Sant Cugat del Vallés (Barcelona), Avenida Alcalde Barnils, 64-68, block D, registered at the Barcelona Commercial Registry at volume 39.676, Folio112, sheet 350517, and holder of the CIF number B-64560360 (hereinafter, “Artelista”)

The artists can contact Artelista through the electronic mail address customerservice[at]artelista[dot]com.

Through the Website, Artelista offers the users a site that allows them the exhibition and/or sale of artworks.

In addition to the space provided by Artelista for free, Artelista offers Pro services (hereinafter “PRO”) with which the display of the artist’s artworks is boosted. The access to the Website is regulated by the Terms of Use and the Privacy Policy that the user accepts at the same moment he/she is registered on the Website and that will be applied, in the current version for every moment, every time the user access to the Website. The contracting of these PRO services is regulated by this General Terms and Conditions for the contracting of PRO Services. In case there was a disagreement between these General Terms and Conditions for the contracting of PRO Services and the Terms of Use and/or the Privacy Policy, the text of the General Terms and Conditions for the contracting of PRO Services will prevail over the rest.
ARTEISTA reserves the right to modify, without prior notice, the content of the PRO General Terms and Conditions, so Artelista recommends the USER to read the Conditions every time he/she contracts or renew the PRO Service on the PORTAL ARTELISTA.COM.

Second.-ARTELISTA provides a PRO outstanding space
Apart from the space that Artelista offers for free to exhibit and/or sell to all the artists, ARTELISTA offers paid spaces whose purpose is to boost the display and promotion of the artworks by those artists who contract a PRO service.
Third.-Services contained in the PRO service
Artelista provides the PRO artists with the following generic services:
-Direct access in the Shop Home to the PRO artists’ artworks.
-The users are just one click away the PRO artists from the Shop Home.
-Unlimited number of PRO artworks.
-All the artworks of a PRO artist are PRO artworks and would stand out.
-Advanced statistics of the number of visits to the space for every PRO artist.
-No advertising on the PRO artist’s site.

In addition to these services, ARTELISTA offers three products with different services and conditions:
PRO Bronze:
-To multiply by 4 the annual visits of the PRO artist relative to the visits before becoming PRO. If the PRO artist sells an original artwork through ARTELISTA, ARTELISTA offers the PRO Bonze artists an improvement of one point on the economic conditions. This means that the artist will have a profit of the 66% of the price of the original artwork (VAT not included) instead of a 65%.
PRO Silver:
-To multiply by 6 the annual visits of the PRO artist relative to the visits before becoming PRO. If the PRO artist sells an original artwork through ARTELISTA, ARTELISTA offers the PRO Silver artists an improvement of three points on the economic conditions. This means that the artist will have a profit of the 68% of the price of the original artwork (VAT not included) instead of a 65%.
-Promotion on Social Networks: ARTELISTA will promote the artist and his/her artworks on Facebook, on a monthly basis.
PRO Gold:
-To multiply by 8 the annual visits of the PRO artist relative to the visits before becoming PRO. If the PRO artist sells an original artwork through ARTELISTA, ARTELISTA offers the PRO Gold artists an improvement of five points on the economic conditions. This means that the artist will have a profit of the 70% of the price of the original artwork (VAT not included) instead of a 65%.
-Promotion on Social Networks: ARTELISTA will promote the artist and his/her artworks on Facebook, on a fortnightly basis.
-Proactive promotion of the PRO Gold artist: ARTELISTA would promote proactively the PRO Gold artists’ artworks among those VIP customers asking for advice when purchasing artworks on Artelista.

Fourth.-Coming into force, Duration and start of the Service
The contracting of the PRO Services will be formalized at the time of the first payment, moment in which the user accepts the present contracting general terms and conditions.
The duration of the service shall be determined in each of the contracted services which may be: monthly, quarterly, half-yearly or annual. The contracted services will be automatically renewed for the same period and the amount of the renewal will be automatically charged. However, the user who does not wish to renew the service should access the PayPal account with which the service was contracted and cancel the service before the invoice period finish.

Fifth.-Prices
The prices set for the different PRO products are the following:
PRO Basic: 1,99€ per month
PRO Bronze: 4,99€ per month
PRO Silver: 9,99€ per month
PRO Gold: 14,99€ per month
The monthly payments are realized via PayPal. The prices above include the current VAT at every time if applicable.

Sixth.-Obligations, Statements and Guarantees
The artist declares that the use of the services provided by ARTELISTA, as well as the inclusion of content and logos of the artist, are not linked to an illegal activity or that violates the image and/or rights of ARTELISTA or third parties. All information provided by the artist to ARTELISTA must be legal and truthful, and not likely to infringe rights of third parties. For this purpose the artist guarantees the authenticity of the information given to ARTELISTA both directly or through the web. Similarly, will be responsibility of the artist to maintain all the provided information permanently updated and adapted, at every moment, to the current situation of the artist. In any case, the artist will be solely responsible for false or inexact statements and for the damage this may cause to ARTELISTA or to the users.
ARTELISTA undertakes to render the artist the contracted services through the service selection page according to the present terms and conditions.
ARTELISTA reserves the right to put off, without prior notice when required by the urgency, the provision of the contracted service by virtue of the necessity of realizing tasks of maintenance, repair, updating or improvement of the service. Similarly, ARTELISTA reserves the right to modify these conditions, as well as the systems, the contents and the services related to them, notifying the artist beforehand in no less than fifteen (15) days through the artist menu on Artelista and/or through an e-mail to the address provided by the artist. The artist’s continuation on the use of the service provided by ARTELISTA after the modification notification sent by ARTELISTA will involve the artist’s acceptance of such modifications.
ARTELISTA will provide the services in accordance with the levels of quality applicable to it as a service provider. Notwithstanding the foregoing, the service provided by ARTELISTA will be conditioned by the state of the network of telecommunications of the Internet, so ARTELISTA will not be responsible for interruptions, delays, errors, malfunctions of the service and other inconveniences that may have their origin in causes that are beyond ARTELISTA’s control and/or due to a negligent, fraudulent or culpable action of the artist and/or owing to circumstances beyond ARTELISTA’s control. Without affecting what is established in the article 1105 of The Civil Code, the concept beyond ARTELISTA’s control will involve, for the purposes of the present contract, all those events beyond our control, and especially the failures of third parties, operators or service companies, Government acts, failure to access to third networks, acts or omissions of the Public Authorities, and those produced as a result of natural phenomena, outages, etc. The possible responsibility of ARTELISTA to the artist for all these concepts will be limited as a maximum to the amount received directly from the artist by ARTELISTA during the period of non-compliance of the contracted services.
ARTELISTA is not responsible for the economic yield and the trade results of the service, being responsible only for the suitability of the service for the purposes of promotion on the Internet. ARTELISTA is not responsible for any damage caused by the software, when those may be a consequence of an incorrect or negligent use of the same by the artist or by any person who makes use of thereof, with or without the authorization of the artist.
If necessary, the artist’s breach of any obligation allows Artelista to proceed to the immediate interruption of any of the services contracted by the artist for the period that lasts the breach.
Seventh- Security Measures

Artelista guarantees Security Measures in the transactions to the artists, since Artelista has current security protocols and services.
Artelista also informs its users that in order to increase its security guarantee during the transactions, Artelista collaborates with the firm Thawte, one of the main and most recognised certificating companies in the field of the Authentication and security on the Internet.

Eighth.-Intellectual Property
As an addition to what is provided in the Terms of Use http://www.artelista.com/en/legal-conditions.html, the authors of the artworks announce Artelista that they are the holders of the intellectual property of the artworks and declare they are the holders of the intellectual property rights thereof.

Ninth.-Protection of Personal Data
As an addition to what is indicated in the Data Protection Policy of the Website, which is entirely applicable to this transaction http://www.artelista.com/en/legal-conditions.html, Artelista informs its users:
- That the data provided by the user during the PRO buying process will be used by Artelista with the only aim of being able to formalize the contracting of the service.
- That the data will be incorporated in the files owned by Artelista, will be declared and will be registered in the Registration Data Protection Agency.
- That the transaction data will not be stored.
- That at any moment and according to what is provided in the Organic Law 15/1999 dated 13 December on the Protection of Personal Data and its development Regulations, the users will be able to exercise their rights of access, rectification, cancellation and opposition of their personal data by means of a written request that has to be sent thought electronic mail to the electronic mail addresses servicioalcliente[arroba]artelista[punto]com, customerservice[at]artelista[dot]com.

Tenth.-Obligations, Breaches and Sanctions
The artist undertakes to follow all the instructions, processes and protocols provided by ARTELISTA with as greatest diligence and quality as possible. The non-payment of the renewal of the PRO Service will involve the automatic interruption of the service.
Eleventh.-Prohibition of assignment and modification of circumstances
The artist is not allowed to resell, assign or transmit in any way the present contract or the rights that derive from it. Any resale, assignment or transmission made by the artist of this contract or its rights will be null and void for ARTELISTA and will involve the automatic and immediate interruption of the contract. Both parties must inform mutually of the modifications of the circumstances that may influence the present contract.
Twelfth-Interruption of the contract
The present contract will expire for the general causes of expiry of contracts and, in particular, for those established below:
1. For desist from it by the artist, whenever notified to ARTELISTA a minimum of 30 days before the expiry of the contract.
2. For decision of ARTELISTA (i) by desist by ARTELISTA at any time, by notifying the artist 30 days in advance to the moment in which it has to take effect, in the case of (ii) the use of the service by the artist in any way which may be contrary to what is provided in the present contract or to practices commonly accepted as a proper use of the services of diffusion and marketing online; (iii) if there are difficulties in the provision of the service for reasons attributable to the artist; (vi) default in the payment of the service for a period exceeding seven working days. In addition, ARTELISTA has authority to interrupt temporarily any of the contracted services in accordance with the established in the sixth clause of this contract. The communications between the parties regarding this clause should be made via fax, Bureau fax or e-mail with acknowledgement of receipt assigned by the parties for the communication between them. In any case, the expiry of this contract will exonerate the artist from his/her duty to pay ARTELISTA for the use of the service. In the event of interruption of the contract by the artist or by ARTELISTA due to a failure of the artist, ARTELISTA shall not be obliged to make a refund of the sum of the service.

Thirteenth- Nullity

On the assumption that any clause of these conditions was declared null and void, the rest of the clauses will remain valid and will have to be interpreted in accordance with the will of the parties and the aim of the text.


Fourteenth- Applicable Law and jurisdiction

These conditions will be ruled by the Spanish Law. In any controversy arisen from the interpretation and/or execution of these laws, both sides submit, to their free choice, and with renunciation of any other jurisdiction, to the jurisdiction that the current regulations of the Private International Law designate as competent.