Terms & Conditions

Last updated: 2022-10-28

  1. Introduction

¡Bienvenido a TheArtOddity!

Estos Términos de servicio (“Términos”, “Términos de servicio”) rigen su uso de nuestro sitio web ubicado en theartoddity.com (en conjunto o individualmente “Servicio”) operado por  The Art Oddity .El sitio es una comunidad en línea creada para compartir el proceso creativo de artistas a través de cursos en línea. TheArtOddity Service permite a los estudiantes encontrar clases que les interese tomar y permite a los profesionales conectarse con su audiencia de una manera más profunda. 

Nuestra Política de privacidad también rige su uso de nuestro Servicio y explica cómo recopilamos, protegemos y divulgamos la información que resulta de su uso de nuestras páginas web. Lea atentamente las siguientes condiciones de uso antes de utilizar este sitio web.

Su acuerdo con nosotros incluye estos Términos y nuestra Política de privacidad (“Acuerdos”). Usted reconoce que ha leído y entendido los Acuerdos y acepta estar sujeto a ellos.

Si no está de acuerdo con (o no puede cumplir con) los Acuerdos, entonces no puede usar el Servicio, pero háganoslo saber enviándonos un correo electrónico info@theartoddity.com para que podamos tratar de encontrar una solución. Estos Términos se aplican a todos los visitantes, usuarios y otras personas que deseen acceder o utilizar el Servicio.

  1. Communications

 

When using our Service, the personal data received by TheArtOddity will be used solely for this purpose, with the exception of the purchase e-mail that will become part of our database for sending advertising, articles and news. Buyers who do not wish to receive information related to TheArtOddity can send an email with the text: “UNSUBSCRIBE TO MAILLIST” to our email address info@theartoddity.com

 

  1. Identification and communications

TheArtOddity, in compliance with Law 34/2002, of July 11, on services of the information society and electronic commerce, informs you that:

 

The Art Oddity is a trademark owned by Sofia Alejandra Micheo Lopez with NIF Y5121102M.

 

The user may at any time exercise the rights of access, opposition, rectification, cancellation, limitation and portability recognized in the aforementioned Regulation (EU). The exercise of these rights can be done by the user via email to: info@theartoddity.com, or the address of Carrer Santa Coloma 108, 08030 Barcelona, ​​Spain.

 

In no case, the personal data provided will be transferred to third parties.

 

  1. Shopping

 

If you wish to purchase any product or service available through the Service (“Purchase”), you may be asked to provide certain information relevant to your Purchase, including, but not limited to, your credit or debit card number, the date of expiration of your card, your billing address and your shipping information.

 

You represent and warrant that: (i) you have the legal right to use any card or other payment method in connection with any Purchase; and that (ii) the information you provide to us is true, correct and complete.

 

We may employ the use of third party services in order to facilitate payment and completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

 

  1. RETURNS AND CANCELLATIONS

 

When an individual purchases a course from the TheArtOddity platform and within 24 business hours does not receive notification by email with access to said service, they may request a refund of the amount paid to the following email address info@theartodity.com. The refund will be made with the same payment method with which the purchase was made, within 24 business hours. The courses purchased at TheArtOddity are virtual, therefore their return is not possible under any conditions. Once access to the videos has been provided, the cost of the course will not be refunded under any circumstances.

 

  1. Subscriptions

 

By filling out the form you are giving express consent to the processing of your data (your name and email) in accordance with the European General Data Protection Regulation (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

 

TheArtOddity guarantees that the purpose of this data collection is to send information about news about our courses and community, with the legitimacy of your consent granted in the form.

 

You can exercise your rights of access, rectification, limitation or deletion of your data by email info@theartoddity.com

 

 

 

  1. Content

 

Content found on or through this Service is owned by TheArtOddity or used with permission. You may not distribute, modify, transmit, reuse, download, republish, copy or use such Content, in whole or in part, for commercial purposes or for personal gain, without our express prior written permission.

 

  1. Prohibited Uses

 

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:

 

0.1. In any way that violates any applicable national or international law or regulation.

 

0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

 

0.3. To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

 

0.4. Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

 

0.5. In any way that infringes the rights of others, or is in any way illegal, threatening, fraudulent or harmful, or in connection with any illegal, fraudulent or harmful purpose or activity.

 

0.6. Engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Service, or that, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

 

In addition, you agree not to:

 

0.1. Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.

 

0.2. Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any material on the Service.

 

0.3. Use any manual process to monitor or copy any material on the Service or for any other unauthorized purpose without our prior written consent.

 

0.4. Use any device, software or routine that interferes with the proper working of the Service.

 

0.5. Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

 

0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

 

0.7. Attack service via a denial-of-service attack or a distributed denial-of-service attack.

 

0.8. Take any action that may damage or misrepresent the Company’s rating.

 

0.9. Otherwise, attempt to interfere with the proper working of the Service.

 

  1. Security and buyer protection

 

In the TheArtOddity platform we adopt the necessary measures to guarantee the security, integrity and confidentiality of the data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and their free movement.

 

In addition, in accordance with the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), the person who becomes a client/user is informed and consents to the incorporation of their data to a file for which TheArtOddity is responsible.

 

All TheArtOddity infrastructure is hosted in Spain, so it is guaranteed that there are no international data transfers. We also have the security measures that correspond to the data we handle, in accordance with the guidelines issued by the Spanish Agency for Data Protection.

 

  1. Treatment of personal data

 

The collection and treatment that we make of personal data is based on the contractual and non-contractual relationship that you have with TheArtOddity.

 

When we use the e-mail address that is provided to us, we contact the user individually, so that they can be recognized when they visit our website again. And we do all of this under informed consent.

 

  1. Personal information we collect

To formalize the registration on the website and proceed to your identification, we will ask you for your full name, e-mail address and your postal address.

 

To purchase our courses on TheArtOddity platform, we will request information from your credit or debit card, including the validity date and CVV code. If you wish to pay via PayPal, we will ask you for the email address associated with your account.

 

The card security codes (CVV or CVC) will only be used to process the purchase in progress as part of the payment information and will not be stored or processed later.

 

 

 

  1. Analysis

 

We may use Third Party Service Providers to monitor and analyze the use of our Service only.

 

  1. Prohibited use by minors

 

The service is intended solely for access and use by persons over eighteen (18) years of age. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have full authority, right and capacity to enter into this agreement and to comply with all terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from accessing or using the Service. Parents and legal guardians are cautioned that the Site displays photographs and images containing nudity and violence that may be offensive to some.

 

  1. Accounts

 

When you create an account with us, you warrant that you are over 18 years of age and that the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete or outdated information may result in immediate termination of your account on the Service.

 

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

You may not use as a username the name of another person or entity or that is not legally available for use, a name or trademark that is subject to any right of another person or entity other than you, without the appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

  1. Intellectual Property

 

The Service and its original content (excluding content provided by users), features and functionality are and remain the exclusive property of TheArtOddity and its licensors The Service is protected by copyright, trademark and other laws of foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of TheArtOddity and the artists featured on all of our platforms.

 

  1. Copyright Policy

 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights (“Infringement”) of any person or entity.

 

If you are a copyright owner, or authorized on behalf of one, and believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please email your complaint to theartoddity@ gmail.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement as detailed below, under “DMCA Notice and Procedure for Claims of Copyright Infringement”. Author”

 

You may be liable for damages (including costs and attorneys’ fees) for false statements or bad faith claims that any Content found on and/or through the Service infringes your copyright.

 

  1. DMCA Notice and Procedure for Claims of Copyright Infringement

 

You may submit a notification under the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for more details):

 

0.1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;

 

0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e. the web page address) of the location where the copyrighted work or a copy of the copyrighted work exists;

 

0.3. identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

 

0.4. Your address, telephone number and email address;

 

0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

 

0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

You can contact our copyright agent by email at theartoddity@gmail.com.

 

  1. Bug Reports and Feedback

 

You may provide us directly at theartoddity@gmail.com or through third-party sites and tools with information and feedback about bugs, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you will not retain, acquire or assert any intellectual property right or other right, title or interest in the Comments; (ii) the Company may have development ideas similar to the Comments; (iii) Comments do not contain any confidential or proprietary information of you or any third party; and and (iv) Company is under no obligation of confidentiality with respect to Feedback. In the event that transfer of ownership of Comments is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, royalty-free, sub-licensable, unlimited, perpetual right of use (including copying , modify, create derivative works, publish, distribute and trade) Comments in any way and for any purpose.

 

  1. Links to other websites

 

Our Service may contain links to third-party websites or services that are not owned or controlled by TheArtOddity.

 

TheArtOddity has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. We do not endorse the offerings of any of these entities/individuals or their websites.

 

For example, the Terms of Use described were created using PolicyMaker.io, a free web application for generating high-quality legal documents. PolicyMaker PolicyMaker’s Terms and Conditions Generator is a free, easy-to-use tool for creating a great standard terms of service template for a website, blog, eCommerce store, or app.

 

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES

 

  1. Disclaimer of warranty

 

THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

 

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT WARRANTIES WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Termination

 

We may terminate or suspend your account and prohibit access to the Service immediately, without notice or liability, in our sole discretion, for any reason and without limitation, including, without limitation, breach of the Terms.

 

If you wish to terminate your account, you may simply stop using the Service.

 

All provisions of the Terms that by their nature should survive termination will survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

 

  1. Applicable Law

 

These Terms will be governed by and construed in accordance with the laws of Spain, which applicable law applies to the agreement without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we may have had between us with regarding the Service.

 

  1. Changes in service

 

We reserve the right to withdraw or modify our Service, and any services or materials we provide through the Service, at our sole discretion and without notice. We will not be liable if for any reason all or part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

 

  1. Amendments to the Terms

 

We may modify the Terms at any time by posting the modified terms on this site. It is your responsibility to review these Terms periodically.

 

Your continued use of the Platform following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page frequently to be aware of any changes, as they are binding on you.

 

By continuing to access or use our Service after the revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

  1. Waiver and Severability

 

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert any right or provision under the Terms shall be deemed not to constitute a waiver of such right or provision.

 

If any provision of the Terms is found by a court or other tribunal of competent jurisdiction to be invalid, illegal, or for any reason unenforceable, that provision will be removed or limited to the minimum extent such that the remaining provisions of the Terms remain in full force and effect and effect.

 

  1. Recognition

 

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

 

  1. Contact us

 

Please send your comments, feedback and support requests via email: info@theartoddity.com