GENERAL TERMS AND CONDITIONS OF USE AND CONTRACTING
-PREVIOUS
-DEFINITIONS
GENERAL CONDITIONS:
1. PURPOSE OF THE WEBSITE AND THE GENERAL TERMS AND CONDITIONS AGREEMENT.
2. OBLIGATIONS OF THE PARTIES.
2.1. OBLIGATIONS OF THE SERVICE PROVIDER.
2.2. ARTIST/CLIENT OBLIGATIONS.
3. ENTRY INTO FORCE, DURATION, AND VALIDITY.
4. HIRING PROCESS
5. PRICES AND ECONOMIC AND FINANCIAL CONDITIONS.
6. PAYMENT METHODS
7. SERVICE LIMITS AND RESTRICTIONS
8. WARRANTY AS IS
9. LIMITED LIABILITY AND WARRANTY
10. RESOLUTION AND NON-COMPLIANCE
11. WITHDRAWAL
12. DATA PROCESSING
13. CONTACT CHANNELS AND CUSTOMER SERVICE
14. APPLICABLE LAW AND JURISDICTION
15. NOTIFICATIONS.
PREVIOUS.
1. This website, WWW.SOARTISTIC.COM, is owned by ZINZON SL, with tax identification number B75879213 and registered address at C/ Retamar 11, operating commercially under the brand name SOARTISTIC.
2. References to the owner of the website in these general terms and conditions and in the terms of use shall be made interchangeably as SOARTISCTIC or ZINZON, SL.
3. The General Terms and Conditions govern the contracting of a service between SOARTISTIC and the artist or client, in accordance with applicable regulations and the legal provisions set forth in these general terms and conditions.
4. SOARTISTIC reserves the right to make any changes it deems appropriate to the General Terms and Conditions without prior notice. Such changes may be made via the website itself and shall be binding for as long as they are published on the website and until they are validly modified by subsequent changes. The date of revision shall be stated at the end of the Terms and Conditions for verification of new changes. However, SOARTISTIC reserves the right to modify and/or establish, in certain cases, Specific Contract Conditions that take precedence over these General Conditions, announcing them in a timely manner.
5. The CLIENT accepts the conditions detailed in these terms and conditions. Use of the website and its services and associated conditions implies full acceptance of the conditions of this contract.
DEFINITIONS.
The following definitions shall apply to these general terms and conditions and any specific terms and conditions.
“COMPANY OR SERVICE PROVIDER” refers to …
“Platform” refers to the SOARTISTIC.COM website and all services included therein.
“ARTIST” refers to the person who has registered on the website and exhibits their work, products, or services.
“PREMIUM ARTIST” refers to a person who has registered as a premium member on the website and exhibits their work, products, or services, using the services included in that package.
“USER” refers to the person who browses the website to consult it.
“PREMIUM USER” refers to the person who browses the website for consultation purposes, has purchased the premium package, and has access to the services included in that package.
“Account” refers to the web space where the artist’s data, information, and works are hosted.
“Customer service hours”…
GENERAL TERMS AND CONDITIONS
1. PURPOSE OF THE WEBSITE OF THE AGREEMENT FOR ACCESS AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS.
This AGREEMENT; its general terms and conditions, together with the Specific Terms and Conditions of Service, which together constitute a comprehensive agreement, regulating the terms and conditions of use and contracting of the SOARTISTIC web platform, and your express acceptance thereof is necessary and an essential requirement for the commencement of the service.
These General Terms and Conditions (hereinafter referred to as GTC) govern the relationship between SOARTISTIC and artists who wish to exhibit and sell their works through the SOARTISTIC.COM website, as well as users who browse the site. These Terms and Conditions apply to artists and users who register on the Website to contract the services offered therein.
SOARTISTIC.COM is a web-based service platform that provides a social network where artists can display personal and professional information, their CV, experience, and other details, as well as some of their work, and offer it for sale.
Browsing the website and publishing works, products, or services on the website is offered as a free service, except for premium packages and premium stores, whose specific conditions can be consulted at any time during the contract period.
2. OBLIGATIONS OF THE PARTIES.
2.1. OBLIGATIONS OF THE SERVICE PROVIDER.
2.1.1. Guarantees to the CLIENT that it owns the intellectual property and all associated rights to the SOFTWARE and SOARTISTIC.COM website, as well as the associated services. It will guarantee peaceful possession of the platform for the duration of this AGREEMENT.
2.1.2. To guarantee the CLIENT access to the PLATFORM under the conditions described in this AGREEMENT, with the necessary conditions and requirements for the ARTIST/CLIENT to use it reasonably and under the agreed terms, with no limitations other than those contained herein or the functionality of the platform itself.
2.1.3. Maintain optimal conditions for access to the platform with reasonable diligence on a 24/7 basis.
2.1.4. Maintain an Associated Technical Support Service under the agreed terms and conditions.
2.2. OBLIGATIONS OF ARTISTS AND USERS.
2.2.1. Pay the price stipulated for the use of the platform services included in the PREMIUM AND PREMIUM STORE PLANS.
2.2.2. Use the platform in accordance with its intended use and characteristics. Its use for other purposes is prohibited, especially for any use that involves violating regulations, causing damage, or infringing on the rights of third parties.
2.2.3. It is prohibited to publish content that infringes or violates the intellectual property rights of third parties, that violates fundamental rights, and, in particular, that is discriminatory on the basis of age, gender, race, sexual orientation, religious identity, or any other grounds.
2.2.4. It is prohibited to upload material without technical checks to ensure that the uploaded files are free of malware.
2.2.5. Technical obligations.
Access to the platform must be via equipment and systems that comply with the recommended technical specifications and requirements for operation and optimization. The service provider shall not be held liable if the CLIENT fails to do so.
2.2.6. You are required to upload ONLY original material for which you hold all intellectual property rights.
2.2.7. You agree to allow images of your works to be displayed in a carousel on the platform’s home page.
2.2.8. You are required to expressly allow comments and reviews on your works or profiles.
2.2.9.- You agree not to enter false or fictitious data and not to impersonate names or identities.
3. ENTRY INTO FORCE, DURATION, AND EXPIRATION.
This AGREEMENT shall enter into force on the date of its acceptance and signature, upon registration as a customer and the platform being made available to the CUSTOMER.
UPGRADE UPDATES will be free of charge.
The duration will depend on the option chosen in the contract (annual, monthly, etc.) and will be binding, except in cases of termination.
4. REGISTRATION AND CONTRACTING PROCESS.
To use the services offered by SOARTISTIC, you must create a personal account using the form provided, formalize the contract for access to the platform and obtain the services offered by SOARTISTIC, and register as a user or artist according to the following process:
To formalize this contract online, the CUSTOMER must follow these steps:
1. You access the website/APP.
2. Click on the “Sign up for free” button.
3. Enter the requested information.
4. Validate your account with the measurement sent.
5. Access the website and log in with the credentials you created.
By creating a registration account, the user or artist expressly and unreservedly accepts these Terms and Conditions of Use and Contract. The user may not register on the platform without first confirming that they have read and accepted the above Terms and Conditions of Use and Contract.
5. PRICES AND ECONOMIC AND FINANCIAL CONDITIONS.
The SERVICE PROVIDER reserves the right to modify prices according to its own commercial policy or needs, without prior notice or with such advance notice as it deems appropriate. However, the CUSTOMER shall be entitled to maintain the contracted price during the term of their contract and to withdraw from it.
LINK.- LEARN MORE ABOUT OUR PREMIUM PLAN
LINK.- CONOCE MÁS DE NUESTRO PLAN PREMIUM TIENDA
6. PAYMENT METHODS AND MEANS.
We only accept payment by credit card. The sales platform is operated through an external application that guarantees secure payment. Soartistic does not have access to bank account details or credit card information, as this is managed by the payment platform.
The user or artist acknowledges and is responsible for being the owner of the bank card details entered or used. Soartistic is not responsible for the use of card details without the cardholder’s authorization, although it will do everything possible to report the illegal use of the card when it detects it.
7. SERVICE LIMITS AND RESTRICTIONS.
Si por cualquier motivo la SGAE o cualquier otra entidad gestora remitiera comunicación con exigencia de canon o tasa en relación con las obras expuestas, SOARTISTIC tendrá derecho a revisar los precios pactados o a repercutir proporcionalmente el coste de dichas tasas o cánones.
8. “AS IS” WARRANTY
The platform is provided and offered “as is and as presented.” SoArtistic makes every effort to maximize the operability, reliability, and functioning of the platform and website; however, it cannot guarantee that certain possible failures and errors will not occur, and it is provided without warranty. The customer declares that they have received sufficient prior information and instruction on the application and that they are familiar with its operation and functions. There is no guarantee that the functionalities of the platform or app will meet the specific needs of the customer.
09. LIMITED LIABILITY AND WARRANTY.
SOARTISTIC NO shall be liable for any claims that may arise regarding intellectual property rights over works sold through the platform. The artist selling the work shall be liable for all purposes.
SOARTISTIC will not be held responsible for the condition or receipt of works purchased through the platform, with the selling artist being solely responsible for all purposes.
SOARTISTIC does NOT store, manage, distribute, ship, transport, or deliver the works sold through the platform. The selling artist is solely responsible for the entire process after the sale.
SOARTISTIC is not responsible for any differences in appearance between the product shown and the product received.
SOARTISTIC is not responsible for the specific legal rights being transferred with the purchased work; rights of use, temporary license of use, reproduction license, exclusive license, original and exclusive object, limited editions, etc.
SOARTISTIC is not responsible for the use that customers make of the platform if they do not use the required features and technical requirements.
SOARTISTIC MAY LIMIT publications, suppress, delete, or remove (temporarily or permanently) both the text of the advertisement and the images of the works or profile information, if any of these are offensive or discriminatory on the basis of race, sex, age, religion, etc.
SOARTISTIC MAY CANCEL THE ACCOUNT OR PROFILE if the publications, advertisement texts, images of the works, or profile information are offensive or harmful as described in the previous paragraph and in a repeated manner. This also applies when the artist is involved in legal investigations or scandals related to the above or that could discredit the platform, without the artist being entitled to any compensation.
SOARTISTIC NO guarantees sales, statistics, online traffic, or even business prospects or sales forecasts. Nor can it guarantee that it will be 100% operational 100% of the time, and it may be temporarily out of service or inoperative, although it makes every effort to prevent this from happening. The customer will not be entitled to compensation if this occurs. No shall be liable for any consequences suffered by the customer due to poor or deficient functioning of the internet network or electricity supply, with the company providing said service to the customer being solely responsible for such consequences.
SOARTISTIC makes every reasonable and necessary effort to maintain the security of its software, but cannot provide a total guarantee that its website is free of viruses or other elements that could cause damage or negative consequences to your computer system. It declines any responsibility for any possible damage that the customer may suffer from such viruses during use.
SOARTISTIC shall not be liable or obliged to compensate for any direct or indirect damages resulting from incomplete or incorrect information provided by artists or users, whether registered premium users or not, or from the behavior of such artists or users. Nevertheless, Soartistic shall establish measures to monitor and control the legality of behavior and comments within reasonable limits.
10. RESOLUTION and NON-COMPLIANCE.
Causes for termination of the contract.
The parties agree that this contract shall be terminated for the general reasons accepted by law, and specifically for the following reasons:
- Upon expiration of the term or any of its extensions, following notification by either party; thus, the party that does not wish to renew/extend the contract must notify the other party through the communication channels established for this purpose, 7 days in advance for monthly renewals and 15 days in advance for annual renewals, prior to the expiration date of the term in force, which will be included in the financial annex.
- For breach by either party of any of the obligations set forth in these terms and conditions, and in any case for non-payment for the services contracted in the manner and within the time limits stipulated, and for inappropriate publications under the above conditions.
- Force majeure. In the event of unforeseeable circumstances that are extraordinary and insurmountable in nature, and which make it impossible to provide the service, the agreement shall be terminated.
11. WITHDRAWAL.
The services provided by the service provider are intended strictly and exclusively for professional use, and therefore the provisions on the right of withdrawal set forth in RDL 1/2007, of November 16, for the Defense of Consumers and Users, shall not apply.
12. PROCESSING AND PROTECTION OF PERSONAL DATA.
In compliance with current regulations on the protection of personal data, the parties agree that all personal data and information that may be exchanged during the contracting process and in the execution of the agreement will be treated in accordance with all applicable European and Spanish regulations.
With regard to personal data shared by the parties as a result of the contracting process, the purpose of processing this personal data is to correctly perform the services entrusted in accordance with the Service Agreement signed by both parties, as well as to send information by any means, including email and/or equivalent means, about services and news of interest. In this case, the legitimacy for the processing of the personal data provided is based on the fulfillment of a contractual relationship to which the data subject is a party and on legitimate interest.
Therefore, in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights, and the General Data Protection Regulation, the data provided will be incorporated into an automated file for which ZINZON, SL is responsible, the purpose of which is to manage users of the SOARTISTIC.COM application. Likewise, you are informed that you may exercise your rights of access, rectification, cancellation or deletion, opposition, limitation of processing, or data portability by completing the form located at https://www. SOARTISTIC.COM.com/ or by regular mail to the company’s address at Calle Retamar 11 Madrid 28043, attaching a photocopy of your ID card in both cases.
13. CONTACT CHANNELS AND CUSTOMER SERVICE
Email: contacto@soartistic.com
Soartistic makes every effort to ensure the proper functioning of this website. However, if you notice any issues or have any questions or queries, please contact us through the channels outlined above, and we will try to resolve them as quickly as possible.
14. APPLICABLE LAW AND JURISDICTION.
This contract signed between the parties shall be executed and interpreted in accordance with Spanish law, which shall be the applicable law for the parties in the event of any eventuality and/or dispute arising in relation thereto.
Similarly, the parties expressly agree to submit to the jurisdiction of the Courts and Tribunals of the city of MADRID in any matters that may arise and be settled in relation to this contract, expressly waiving any other jurisdiction that may apply, except as established in those legal provisions that impose a specific and mandatory jurisdiction. Thus, it is acknowledged for all purposes that the place of performance of the contract is the aforementioned city of MADRID.
Pursuant to Law 1/2025, of January 2, “direct negotiation in writing through lawyers” is expressly chosen as the appropriate means of dispute resolution (MASC) as a preliminary and mandatory step for resolving any conflict before resorting to legal action, in this case designating the law firm LBO. LEGAL (Hacking the Code, SL) is appointed to represent the service provider.
15. NOTIFICATIONS.15. NOTIFICACIONES.
Notifications and communications sent by email between the parties to the following addresses shall take full effect upon sending. Valid email addresses are:
-CUSTOMER: the email address provided when registering for the subscription
-SOARTISTIC : contacto@soartistic.com
Any change of email address for notification purposes must be notified to the other party in a reliable manner and with acknowledgment of receipt.
The above is independent of the telephone customer service center, which will be governed by the numbers and hours included in the appendix.
