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GENERAL TERMS OF USE

 

1. PLATFORM INFORMATION

1.1. The service contract is entered into with ArtcollectionVALUES, S.L. (hereinafter, Artcollection or the Platform), a Spanish company with registered office at Calle Del Justicia, 2 46004 Valencia, Spain, and NIF B40647836, registered in the Commercial Registry of Valencia, Volume 10798, Book 8077, Folio 44, Section 8, Page V191938, Entry 1.

1.2. You can contact us via email at legal@cultions.com.

2. SCOPE OF APPLICATION AND SERVICES

2.1. ARTCOLLECTIONVALUES SL, hereinafter CULTIONS, through its web platform called CULTIONS, provides technological services via Web3 with Blockchain technology. These services consist of the registration and digitization of artworks by artists, including information about the works and the artists themselves.

The ultimate purpose of the digital service is: “To enhance and promote the knowledge and preservation of artists’ legacies through a community that fosters sensitivity and growth of physical art among art lovers.

2.2. Likewise, CULTIONS provides artists and galleries with a digital community where they can participate and showcase their artistic activities, exhibitions, events, and information for users.

2.3. The Platform serves as a contact environment, offering general information about the art world, facilitating the transfer of information and knowledge among users, and preserving the content for the knowledge of future generations.

2.4. Cultions does not sell artworks nor participates in sales, but does not prevent indirect sales that may occur through user contacts within the community.

2.5. Please read these Conditions, our Cookie Policy, and our Privacy Policy carefully before using this Platform. By using this Platform, you acknowledge that you are bound by these General Conditions and our Privacy Policies. If you do not agree with all the provisions of the General Conditions and Privacy Policies, you should not use this Platform.

2.6. If you have any questions related to the General Terms of Contracting or Privacy Policies, you can contact us using the contact details provided in the next section.

3. LANGUAGE

3.1.The information in these terms of use is in Spanish. In the event of any translation of this text into another language, the original Spanish text shall prevail in case of interpretation discrepancies.

4. DOCUMENTATION ARCHIVE

4.1. All user information regarding artworks and their characteristics is recorded in CULTIONS’s decentralized database.

4.2. Communications and comments by/among users will be archived in CULTIONS. Users can access this archive from their user account.

5. CULTIONS SERVICES

5.1. The CULTIONS platform allows artists to upload their works with their specific characteristics, in an orderly manner, both in the ARTfolio space and their own space.

5.2. The artist authorizes ArtcollectionVALUES S.L. through Cultions to display both the works and their content by granting the right to exhibit and display them, privately or publicly, solely to promote the artist and their works on the CULTIONS platform, social networks, or any other marketing action. This rights transfer will be effective from the moment the artist or their representative sends the image or information of the work to CULTIONS by any means.

5.3. If a gallery, where the artist regularly exhibits, uploads the artworks to the platform, as long as it acts on behalf of the artist and with the derived right of exhibition and display, it will be solely responsible for this action.

5.4. If the owner of the artwork uploads its image to the platform, they must be aware of the existence of copyrights on the work or a waiver of these rights by the artist for it to be publicly exhibited and displayed.

5.5. CULTIONS provides its database service to users, offering artists, galleries, and owners the possibility to use its platform as an inventory database of artistic production to motivate consultation and knowledge sharing within the art ecosystem. Through our database service, and with the incorporation of the works, detailed information about the artists and their works can be consulted. This information is hosted on our platform and will be available for public consultation.

The process to use the database service requires the uploader to complete a form providing basic information about themselves, whether they are the artist or gallery, as well as details about their artworks. It is crucial to complete the artist’s statement or message about the work.

Once we receive this information, artists, galleries, or owners authorize us to display their works on our platform and social networks to promote and disseminate their work. All the provided information will be available in a public link on the website, accessible to the entire Cultions community.

5.6. Digital artwork registration service in CULTIONS offers a digital registration service for artworks using blockchain technology. This service is available to artists, galleries, art certifiers, and artwork owners. It is important to note that this registration is informative for the Cultions platform community and unless it is carried out by the artist or gallery that sold the physical work or by the recognized expert who has verified the authenticity of the work and issued a certificate of authenticity, the authenticity and ownership/possession of the user registering as the owner cannot be verified.

The process includes two types of registration depending on who performs the action:

a) Third-Party Registration: If the registration is carried out by an artist, gallery, or art certifier on behalf of a third party for having sold the physical work or the certificate of authenticity, they must complete a form with detailed information about the property registration. This information includes the issuer’s name and surname, their role in the art world, the work’s name, the artist’s name, an image of the work, the physical certificate number and/or purchase invoice number, and the email of the owner to whom the property registration will be sent.

b) Own Name Registration: If the registration is performed in their own name as the artwork owner, they must directly complete the form with the required information, including their email, the artwork’s name, the artist’s name, an image of the work, and, if applicable, the invoice number.

All provided information will be private, encrypted, and confidential unless the owner wishes to make it public.

Once the registration is completed, Cultions reserves the right to issue the registration within a maximum of 72 business hours.

 

6. USER OBLIGATIONS

6.1 GENERAL

6.1.1. Users will be considered as visitors to the website, whether registered or not.

6.1.2. Do not create user accounts on behalf of other users, whether registered or not, without their express authorization.

6.1.3. You will not upload content that could induce suicide, incite hatred or violence, use prohibited symbols, or include illegal, derogatory, sexual, or terrorist content.

6.1.4. Do not distribute spam or use the service to spread malicious software of any kind, nor use reverse engineering or any other techniques that could affect the availability of the Service.

6.2 ARTIST USER

6.2.1. The User referred to hereafter as “Artist” is a user who, after accepting these conditions, registers as an Artist on the CULTIONS platform to upload works created by them and related information for the promotion and dissemination of their professional career and exhibitions.

6.2.2. The Artist must comply with the obligations stated in this document.

6.2.3. They must provide identification, communication, and service configuration information requested during the registration process, which must be real and accurate for verification and validation as an Artist. To register, they must accept the privacy policy.

6.2.4. The artist asserts that they are the author of the works and all the content they upload for digitization.

6.2.5. The artist has contracted the services of CULTIONS to promote their art.

6.2.6. The transfer of the aforementioned rights is exclusively granted to ArtcollectionVALUES, S.L.

6.2.7. The artist may register a digital work of art in CULTIONS that they have created and sold, completing the information in “third-party request” and always with the buyer’s authorization.

6.3 GALLERY USER

6.3.1. The user referred to hereafter as “Gallery” is an individual or legal entity representing an Artist or the artist in relation to a specific contract.

6.3.2. The Gallery must provide proof of representation granted by the Artist if acting on their behalf.

6.3.3. If the Gallery uploads the artist’s works or content directly, the same conditions as the Artist will apply.

6.3.4. The gallery may register a digital work of art in CULTIONS that they have sold, completing the information in “third-party request” and always with the buyer’s authorization.

6.4 CERTIFIER EXPERT USER

6.4.1. A “certifier expert” user is someone with extensive knowledge of artists and their works who also issues certificates of authenticity.

6.4.2. The “certifier expert” who has issued a certificate of authenticity for a work of art may register it digitally in CULTIONS by completing the information in “third-party request” and always with the owner’s authorization.

6.5 USUARIO-EXPERTO

6.5.1. An “expert” is a person with professional experience in the field.

6.5.2. The expert user may upload digital content, which must be verified and classified by the artist or a recognized expert. If an artist lacks a recognized expert, the content will not be accepted for publication in CULTIONS.

6.6 USUARIO

6.6.1. A user is considered to be anyone who uploads works and consults information, or only consults information, as a non-professional art lover.

6.6.2. The user must accept these terms and conditions, as well as the privacy policy, legal notice, and cookies policy.

6.6.3. The user may access the artist’s or art gallery’s data if they are interested in an artwork that is available for sale on the artist’s or gallery’s website, by contacting them directly for purchase management. CULTIONS will not be involved in these transactions and will not charge a commission, remaining outside the conversations between user-artist or user-gallery.

6.6.4. The user may not reproduce or copy the platform’s content, nor publicly display it. They may not transform it, either wholly or partially..

6.6.5. Non-compliance with these clauses will result in the user being blocked by CULTIONS and the deletion of works and information from the database.

6.6.6. The user may request the registration of ownership in CULTIONS of the artworks they own and/or possess, which will be visually and anonymously (if the user desires) displayed in CULTIONS, both in the artist’s space and in the artwork’s space.

7. PAYMENT METHODS

7.1. Services or products on CULTIONS will be paid by credit or debit card through the Stripe payment gateway or a platform that replaces it.

8.  INTEGRITY OF THESE CLAUSES

8.1. The possible declaration, by judicial or administrative authority, of illegality, nullity, invalidity, or unenforceability of one or more clauses of these terms, or parts thereof, will not entail the illegality, nullity, invalidity, or unenforceability of the remaining clauses or the remaining parts thereof, which will remain fully valid where applicable, provided that the clauses or parts thereof declared illegal, null, invalid, or unenforceable are not essential.

8.2. Clauses or parts thereof declared illegal, null, invalid, or unenforceable will be deemed eliminated from the Agreement or not applicable in that circumstance, as the case may be, and the Parties will negotiate in good faith their replacement and the measures that best fit the intended purpose of those clauses.

9. RESERVATION OF THE RIGHT TO MODIFY TERMS, RESOLUTIOM PROCEDURE

9.1. CULTIONS reserves the right to modify these terms and conditions. When this occurs, CULTIONS will notify the artist, gallery, and expert by email, who will have fifteen calendar days to oppose the modification by email. In such a case, the Artist, Gallery, or Reseller will not be able to register and the content they have uploaded and not yet minted will be removed.

10. EVENTS BEYOND OUR CONTROL

10.1. We will not be liable for any failure or delay in the performance of any of our obligations caused by events beyond our reasonable control. Force majeure causes will include any act, event, non-exercise, omission, or accident beyond our reasonable control, including, but not limited to, the following:


10.2. Strikes, lockouts, or other industrial action.

10.3. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparation for war.

10.4. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.

10.5. Impossibility of using trains, ships, aircraft, motor transport, or other means of transport, public or private.

10.6. Impossibility of using public or private telecommunications systems.

10.7. Acts, decrees, legislation, regulations, or restrictions of any government or authority.

10.8. Blockchain network failures on which digital assets are issued.

10.9.It will be understood that our obligations will be suspended during the period in which the force majeure cause continues, and we will have an extension in the term to fulfill these obligations for a period of time equal to that which the force majeure cause lasted.

10.10. We will put all reasonable means to end the force majeure cause or to find a solution that allows us to fulfill our obligations despite the force majeure cause.

11. INDUSTRIAL AND INTELLECTUAL PROPERTY OF CULTIONS

11.1. You acknowledge and agree that all copyright, trademarks, and other industrial and intellectual property rights over the materials or contents provided as part of the Platform belong to us at all times or to those who granted us a license for their use. You may use such material only as expressly authorized by us or those who granted us a license for its use. This does not prevent you from using this Platform to the extent necessary to copy information about your order or contact details.

11.2. You can contact us for claims regarding potential infringements of intellectual or industrial property rights via email at legal@cultions.com, identifying the subject, the content that infringes rights, and your contact information, as well as proof of representation in case you act on behalf of a third party.

12. VIRUSES, HACKING, AND OTHER COMPUTER ATTACKS

12.1. You must not misuse this Platform by intentionally introducing viruses, trojans, worms, logic bombs, or any other program or material that is technologically harmful or damaging.

12.2. You must not attempt to gain unauthorized access to this Platform, the server on which it is hosted, or any server, computer, or database connected to our Platform.

12.3. You agree not to attack this Platform through a denial-of-service attack or a distributed denial-of-service attack.

12.4. Breach of this clause could constitute an offense as defined by applicable regulations. We will report any such breach to the relevant authorities and cooperate with them to identify the attacker.

12.5. In the event of a breach of this clause, you will immediately cease to be authorized to use this Platform.

12.6. We will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful program or material that may affect your computer, IT equipment, data, or materials as a result of using this Platform or downloading content from it or those it redirects to.

13. LINKS FROM OUR WEBSITE

13.1. If our Platform contains links to other websites and third-party materials, such links are provided for informational purposes only, and we have no control over the content of those websites or materials. Therefore, we accept no responsibility for any damage or loss resulting from their use.

14. COMMUNICATIONS IN WRITING

14.1. Applicable regulations require that part of the information or communications we send to you be in writing. By using this Platform, you agree that all communications with us will be electronic by email. All communications addressed to or received from the email address provided by the user will be valid.

14.2. We will contact you by email or provide you with information by posting notices on this Platform. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications we send to you electronically comply with legal requirements to be in writing. This condition will not affect your statutory rights.

15. NOTIFICATIONS

15.1. Notifications you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either to the email or postal address provided by you when placing an order.

15.2. Notifications will be deemed to have been received and properly made at the time they are posted on our Platform, 24 hours after an email has been sent, or three days after the postmark date of any letter.

16. WAIVER

16.1. Our failure to require strict compliance by you with any of your obligations under a contract or these Conditions or our failure to exercise any rights or actions that may correspond to us under such contract or these Conditions will not constitute a waiver or limitation of such rights or actions and will not relieve you from complying with such obligations.

16.2. No waiver by us of a specific right or action will constitute a waiver of other rights or actions arising from a contract or the Conditions. No waiver by us of any of these Conditions or rights or actions arising from a contract will be effective unless expressly stated to be a waiver and formalized and communicated to you through the various means of contact you provided to us.

 

17. RISKS ASSOCIATED WITH THE PRODUCT AND/OR SERVICE OF THE PLATFORM

17.1. You acknowledge understanding that Non-Fungible Tokens (NFTs) called “Ownership Registry” do not represent monetary value and are not capable of producing economic returns.

17.2. You acknowledge that the regulatory framework for NFTs and other Blockchain-based elements is underdeveloped and may change suddenly, which could drastically affect the operation of the Platform. You acknowledge that you are solely responsible for determining the taxes that apply to NFTs when you make a Purchase.

17.3. We inform you that transactions made on Blockchain networks are irreversible, and the Platform does not control previous Blockchain networks with which the Buyer has interacted. The use of Blockchain networks and internet-based systems may pose the risk of exposure to malicious software and hardware, which may endanger your User Account or virtual wallet. The Platform cannot be held responsible for communication failures, distortion, error, delay, or impact, regardless of the cause, that may affect the user or the Buyer during the use of the Service or linked Blockchain networks.

17.4. You acknowledge that you have conducted a study of the “Non-Fungible Token” ecosystem prior to making purchasing decisions or any other decisions enabled in the future. You understand the risk derived from purchasing products and content from third parties, including the risk of purchasing counterfeit products or those vulnerable to metadata degradation, or other errors that make the “Non-Fungible Token” an untransferable element.

17.5. We inform you that if you, as a user or Buyer, engage in a legal dispute or claim with another user, Buyer, or Creator, the Platform will be exempt from any type of claim or compensation for damages of any nature related to the claim or dispute.

18. ANTI-MONEY LAUNDERING PREVENTION

18.1. In accordance with Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, the Platform reserves the right to carry out relevant investigations and risk analyses on accounts, operations, and addresses of Creators, Buyers, and other users, in order to detect potential illicit activities and money laundering and/or terrorist financing.

19. PARTIAL NULLITY 

19.1. If any of these Conditions or any provision of a contract is declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force and will not be affected by such declaration of nullity.

20.  APPLICABLE LAW AND JURISDICTION

20.1. The use of our Platform and the purchase of products through this Platform will be governed by Spanish law. These General Conditions are subject to and will be governed in accordance with the provisions of the laws of Spain, particularly:

20.2. Law 7/1998, of April 13, on General Conditions of Contracting,  

20.3. Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, 

20.4. Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of such data, which repeals Directive 95/46/EC,

20.5. Law 34/2002 of July 11, on Information Society Services and Electronic Commerce.

20.6. The parties submit, for the resolution of conflicts and with a waiver of any other jurisdiction, to the courts and tribunals of the consumer’s domicile, if so stipulated by applicable regulations. Otherwise, the jurisdiction will be that of the courts and tribunals of Valencia.

21.   COMMENTS, SUGGESTIONS, COMPLAINS, AND CLAIMS

21.1. We inform you that the Platform does not sell artworks, thus it disclaims and excludes any liability arising from the purchase by a Buyer from an artist or gallery, and will not address nor be responsible in any case for the various claims that may arise related to purchases made by the Buyer. If you wish to make a claim regarding a purchase made after using the information or link of an artist or gallery on the Platform, it must be directed to the artist or gallery selling the artwork. You can check if the seller has adhered to online mediation or trust entities, you can go to the EU platform http://ec.europa.eu/odr for online dispute resolution, consumer arbitration, or file a claim with the competent national authorities.

21.2. We have a line for verifying information incorporated into the platform, and any complaint or disagreement with it may be studied for modification or removal by sending a message to legal@cultions.com.

21.3. Your comments and suggestions will be welcomed. Please send us such comments and suggestions, as well as any inquiries, complaints, or claims through our contact form, phone number, or postal or email address indicated in Clause 2 of these General Terms and Conditions of Contract.

21.4.Additionally, we have official complaint forms available to consumers and users. You can request them by emailing legal@cultions.com or through our contact form.

21.5. Your complaints and claims to our customer service will be addressed as soon as possible and, in any case, within a maximum period of one month. They will also be recorded with an identification key that we will inform you of, allowing you to track them. If you, as a consumer, believe that your rights have been violated, you can send us your complaints via email at legal@CULTIONS.com to seek an out-of-court resolution of disputes.

April 18, 2024.