Artist Conditions

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Use Conditions for Artists

Acceptance of conditions

By accepting the present conditions, you agree to sign a contract between the company, which data appears in the legal advice of the page (henceforth THE COMPANY), on the one hand, and you, on the other hand, with the supplied data in the registry form (henceforth the ARTIST), that will be governed by the disposed in the present document. We suggest you to print a copy of the same document for future references.
The present conditions can be modified by the company at any time, being obligation of the COMPANY to notify the ARTIST of any modification, The ARTIST will have the right to solve the contract in case of not acceptance of the new conditions which will be put into force from the moment they are published in the web site.
As a consequence, the parties agree to subscribe the present collaboration contract, agency and rendering of services which will be governed by the Spanish law and particularly in the Commerce Code, Law of Intellectual Property and Law 12/1992 of May 27th of any other replacing them in the future.

Object of the contract

1.By subscribing the present contract, the parties agree in performing, according the conditions collected in this document, the following activities:

Agency. THE COMPANY receives the faculty to start negotiations with possible customers, to carry out all the necessary arrangements and, in its case, to sign purchase and sale contracts in name of the ARTIST, without assuming in any case the risk and venture of the carried out operations. Such faculties will be only practised regarding the pieces the ARTIST clearly indicates.
Promoting services. Likewise, THE COMPANY commits to put at the ARTIST’s disposal several tools and promoting services that will be included in the web www.meseon.net and in the conditions detailed in this document and/or the corresponding sections of the web.

Modality of the contract. In the registry form the ARTIST will be able to choose between two modalities of contract (NORMAL/PROFESSIONAL) so that each modality will include the services detailed in the present contract

The present contract and the relationship between the parties neither constitutes society, Joint venture, nor labour contract between them.

Duration

For the services under normal modality

The present contract will have an indefinite duration, starting from the subscription of the present instrument and finishing in advance if the contract were terminated by any of the clauses clearly stated in the present document or in the resulting application normative.
The parties will be able to solve the contract unilaterally by means of previous advice that will be notified to the other party in writing. The time to send the previous advice will be a month for every year of validity of the contract, with a maximum of six months. If the contract of the agency would have been valid for less than a year, the time to send the previous advice will be a month.
1.In addition, the contract will be solved without need of previous advice, when one of the parties does not fulfil any of the clauses stated in the present contract or when one of the parties be declared in bankruptcy. In the supposed mentioned cases the contract will be understood as finished in the moment that the other party receives written advice stating the cause of the resolution.

For the paid services

Regarding the paid services, the duration of the contract will be the one the ARTIST has chosen in the web site, being renewable tacitly with equal duration periods, excepting one of the parties notifies the other his will of not renewing the contract with at least one month in advance regarding the stated finishing time.

Confidentiality

The documents the parties have access, in virtue of the development and performance of the present contract are strictly confidential for both parties, expressly obliged not to promote its content partially or totally and not to supply any information to third parties about the matter regulated isn this Contract, excepting clear and written information from the other party. The agreement of confidentiality will continue being binding for both parties even when the present contract is solved or finished.

Agency Conditions

Geopraphic area. The COMPANY will be able to operate with all the faculties the present contract acknowledges with Worldwide Geographic area and particularly throughout Internet and the web page meseon.net or any other pages developed by the COMPANY.
Payment and money collection arrangements. The COMPANY will be in charge to arrange the money collection of the sales made to the customers of the piece of arts, for rendering to the artists such imports, discounting the 18% of the sale price (plus pertinent taxes) in case of the “normal” accounts and of the 15% in case of the”pro” accounts (pertaining to the ones who have hired the modality of remunerated services).
Determination of the price of the works. The ARTIST will be the one who decide the price of the Works offered. Such price must be established in a fair way and honestly, committing to fix a competitive price, that is, equal to the existent in other web sites of similar topics, even when the work is sold individually. Such price fixed by the ARTIST will be the sale price to the public that in any case will be increased by the COMPANY , which commission will be calculated over such price.
Collection of samples. The ARTIST will put at the COMPANY’s disposal, with enough anticipation and in the appropriate quantity, the pattern books, catalogues, rates and remaining information and necessary documents for the performance of the present contract, including information about the weight measures and dimensions of the packed piece in case of its eventual sale. For these effects, the ARTIST transfers the exploitation rights of their works, object of the contract, necessary for the performance of the present contract, such as reproduction, public Communications and puts at the COMPANY’s disposal the images of the Works for the promotion of their sale so in the page meseon.net as in others through the ones result accessible their contents by means of techniques like the ones known as “widgets” or any other analogous ones developed in the future. For these effects the ARTIST manifest and ensures that possess all the necessary rights, powers and authority to transfer the rights granted by the present document.
Hiring with third parties. For the execution of the present contract, THE COMPANY will be capable to hire auxiliary personnel or third parties for the secondary functions they consider convenient, assuming THE COMPANY, in every case, the liabilities that may come up in front of these people and derived from the present contract.
Non-exclusive agreement. THE ARTIST clearly agrees that the COMPANY may reach similar agreements to the current one or about professional activities related with goods or services being of equal or similar nature and concurrent or competitive with those ones object of the present contract.
Data protection. As the COMPANY is the one in charge of keeping the contact with the customers, it will be the only one in charge of the data file of private character where the data of the buyers are included, not corresponding to the ARTIST the right or any faculty on that data file. Therefore, and with the purpose of making the corresponding invoice and to exercise the rights recognised by the legislation, THE COMPANY will provide the ARTIST the data of the buyers of the Works of the ARTIST.
Delivery of the works. It will be liability of the ARTIST to proceed with the remittance to the buyers of the works bought, and so to send the corresponding invoice. Such process will be carried out as follows:
a.The COMPANY will contact the ARTIST through the e-mail provided by himself/herself to the COMPANY during his/her registering process, every purchase request carried out, so that the ARTIST can guarantee the availability of the work.
b.Once the sale of a piece of the ARTIST is sold and effectively charged, THE COMPANY, will contact the artist to communicate the details of the operation for sending the piece of art and the corresponding invoice to the customer.
c.It will be the Artist liability to proceed with the proper packaging of the piece of art, to ensure its integrity during the transport, assuming the costs that this right packaging may involve.
d.Likewise, the package to be delivered by the transport company must fulfil the requirements of weight measures and dimensions formerly provided by the ARTIST, assuming the extra expenses that may cause the fact of having provided wrong measures or dimensions.
e. The COMPANY will hire the transport transport services and pay all costs except in the circumstances envisaged in the preceding paragraph.
f.The piece of art itself will have to be duly prepared to be picked up by the transport company in the period of 2 days, as of the notification of the performed and charged sale, so that any type of delay or defective fulfilment in the delivery will be exclusive liability of the ARTIST, who commits to indemnify to the COMPANY for the prejudices that this action may cause, included the fees of a lawyer and attorney though their intervention weren’t sobligatory.
Fulfilment of the regulation. THE ARTIST guarantees that the marketing of the pieces of art, object of the contract, neither violate any right of third parties nor any regulation resulting from the application, committing to observe scrupulously the laws resulting from the application, specially in consumers and users’ matters, the same as the conditions that THE COMPANY displays in their warning in the web. In this way, in front of any infraction or non-fulfilment, of such regulation THE ARTIST will be the only responsible. Particularly THE ARTIST accepts clearly that the customers will have the right to return the product in a period of 7 week days from the reception of the work. In case of return, THE COMPANY will notify the ARTIST such circumstance if the customer contacts THE COMPANY. In case the customer returns directly the piece of art to the ARTIST, he will have to notify immediately such circumstance to the COMPANY, and also confirm that the return piece of art is in perfect conditions for the COMPANY to return the money to the customer.

Conditions of remunerated services

The users who may have subscribed a pro account (payment) will have the right to the additional services that the Company is introducing in the web and particularly, the following ones:

Weblog service

Object. THE COMPANY commits to put at the ARTIST’s disposal and according to the agreed in the present document, a space in the own servers or in the ones that are hired, with the purpose to host the contents under the domain previously indicated. THE COMPANY will make all the efforts to provide a satisfactory service. In case of any failure, THE COMPANY by all means will attempt to look for an alternative solution, but the ARTIST clearly declines to claim damages and injuries to THE COMPANY for the possible errors, slowness or access problems to the weblogs system. Such declining includes all type of claims even in the case of loss of benefits, of data, datafiles or loss in any other information that may exist.
Liability for the contents. THE ARTIST commits to keep updated and to periodically publish contents in the weblog. As THE COMPANY does not practice any type of control or censure on the pages object of contract, THE ARTIST is completely responsible of the contents, being texts, images, audio-data files or any other material or entrance introduced in the pages or weblogs developed by the ARTIST, relieving the COMPANY of any liability that as a result of the contents published in the Weblog, be demanded by third parties, so that in case of claim by third parties, THE ARTIST commits to defray the expenses included the fees of the lawyer and attorney, even their intervention weren’t obligatory.
Intellectual property Rights. The property being intellectual, industrial, of image or of any other nature resulting from the hosted contents in the weblog correspond to the ARTIST being the responsible to protect these Rights, as it corresponds. When sending, publishing or showing any type of content by means of the use of the services of this contract, the ARTIST grants to the COMPANY a non-exclusive international license for the reproduction, public communication, distribution and disposal of such Content for the purposes described in the present contract. For these effects the ARTIST manifests and assures the possession of all the Rights, Powers and authority necessary to transfer the rights granted by the present document to any sent Content.
Promotion and advertising. THE ARTIST will not be able to carry out any type of advertising, sponsorship or promotion of product and services that may compete with the ones developed by the company. THE ARTIST will be able to publish and promote the weblog in a legal and licit way considered appropriate, but clearly commits not to publish services by means of publicity that may be described, in some way, as non-licit or unlawful, understanding as such the ones considered in any of the regulations resulting from the application, Specially, THE ARTIST commits not to send any massive e-mails not requested (SPAM). As a consequence, THE ARTIST assumes completely the liability on publications and means used to promote the weblog, committing to compensate the COMPANY for the injuries caused, directly and as consequence of any liability demanded by the Public Administration and for third parties, in virtue of the displayed contents, linked or published in the media used for the promotion, included the lawyer and attorney fees though their intervention were not obligatory. d.Image. In any case, THE ARTIST will be able to act in such a way for not damaging or injuring the reputation or prestige of the COMPANY, committing to indemnify the COMPANY for the injuries that the non-fulfilment of the agreed duties may cause.
Advertisement space. As far as it is concerned the COMPANY will be able to use the spaces reserved to advertisement in the weblogs systems, in the way they consider convenient, assuming the liability for the promotions performed in this sense.

Availability of space and other services

Further to the previously mentioned services some additional ones will continue to be included in the web which may suffer modifications, omissions and other added services, among the ones the following are found:

120 Artworks for upload and to store.
More variety and number of galleries and styles to create virtual expositions.
Capacity to upload audio or narration to the virtual expositions.
Minor percentage in the sale of your pieces of arts (15%).
More reputation and promotion in meseon. (Bulletins, interviews and catalogues).
Access to advanced Statistics.

which will be paid by any of the payment modalities that in each case are found available in the COMPANY’s web.

The price of the remunerated services will rise to the amount of 90 annual Euros which will be paid by any of the payment modalities that in each case are found available in the COMPANY’s web. 125 annual USD which will be paid by any of the payment modalities that in each case are found available in the COMPANY’s web.

Jurisdiction

The present contract is governed by the Spanish law and the parties, with clear waiver to any other jurisdiction that may correspond to them, are subdued to the Jurisdiction of the Courts and Tribunals of the city of Madrid, for any incident or disagreement springing up as a result of the execution, application or interpretation of the present document.