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Terms and conditions

1. LEGAL INFORMATION

2. TERMS OF USE

A). Web page
B). Purpose
C). Sale of original art
D). Promoting artists
E). Communication with users
F). Information about today’s art world.
G). Obligations of users.
H). Exclusion of guarantees and responsibility.
I). Links, “links” to pages.
J). Governing Law and Jurisdiction.

3. CONDITIONS OF CONTRACT

A). Purpose
B). Sale of Works
C). Property and accuracy of content
D). Price Works
E). Previous record
F). Purchase of the Work formalization of the purchase and payment of the price.
G). Other services Apse Art
H). Security measures
I). Delivery of the work acquired
J). Return to work
K). Guarantees
H). Insurance and Claims
M). Intellectual property
N). Protection of Personal Data
O). Null-ality
P). Law and Jurisdiction

4. TERMS OF PARTICIPATION OF SPACE

A). Terms and acceptance of Space participation
B). Purpose and Service Description
C). Access to Space Review
D). Obligations of Users
E). Disclaimer
F). Personal Data
G). Security Measures
H). No authorization nor license
I). Governing Law and Jurisdiction.

5. LEGAL NOTICE AND PRIVACY POLICY

A). Identity details
B). Users
C). Use of site
D). Data Protection
E). Intellectual and Industrial Property
F). Disclaimer of warranties and liability
G). Modifications
H). Links
I). Right of exclusion
J). Breach
K).Ammendments of the present conditions and duration
H). Governing Law and Jurisdiction

6. DATA PROTECTION

A). Right to information
B). Purpose
C). Mandatory or voluntary nature about the information provided by the user and accuracy of data
D). User Consent
E). Electronic communications
F). Security
G). Cookies and IP
H). Right of access, rectification and data cancellation
I). Changing of the present policy of data protection
J). Governing Law and Jurisdiction

1. LEGAL INFORMATION ABSIS ART

This website is managed by ANNA PLANA LORENZO, https://www.absisart.com owner of the domain, the details of which are:

c / Escultor Claret 1 17800 – Olot (Girona), Spain.

Tax 46,672,885 – C

+ 47 34 616 05 30

lorenzo@absisart.com

2. CONDITIONS

A) Web page

ABSIS ART creates and makes available to internet users the website: www.absisart.com, in the various services offered.

Access to and use of the website is totally voluntary and attributes whoever uses the website: www.absisart.com, the user status. Any user accepts, from the moment they access the Web, without any reservation, the contents of these “Terms of Use”, the “Privacy Policy”, “Data Protection” and the “Terms of Contracting “and” Terms of Space Participation “, which can complement, replace or modify in any way in relation to services and web content. Therefore, the user should carefully read the above content before accessing and using any web service, under their full responsibility. The user can access, print, download and save the Conditions of Use at any time. These Terms of Use will remain available and accessible on the web, on the “Terms of Use”.

Also ,ABSIS ART reserves the right to modify, without prior notice, the content of the Terms of Use and Privacy Policy and Data Protection, which recommends that the user read these each time accesses and uses the web: www.absisart.com . In addition ABSIS ART also reserves the right at any time and without prior notice, to deny web access to those users who violate any of these “Terms of Use” or the rest of the regulatory framework of the Web .

B). Purpose

The present” Terms of Use” regulate the access and use of the web: www.absisart.com. The aim of the website is the diffusion, promotion and sale of works of art. ABSIS ART also offers users a space to current information about the world of art that invites to reflection and is open to the views of anyone who wants to participate.

C). Sale of original art

ABSIS ART sells original works by different artists. The artist must have stated previously to ABSIS ART he/she is the author of works provided for its promotion and sale, which holds the rights concerned. The works authorized by the artist are included on the website in order to be promoted in image format, and with a description of the work, with all kinds of details: dimensions, weight -in the case of sculptures-, price, etc.

The author must have given ABSIS ART prior the use of these images so that these may be used for commercial purposes, promotion and global communication.

ABSIS ART sells original works, offering the following services:

– Certificate of Authenticity signed by the artist.

– Secure payment platform that enables the execution of secure purchases online, authenticates the buyer as the legitimate holder of the card used, and has security protocol banking facilty (credit card or bank transfer).

– Logistics sent via MRW / UPS /MAIL BOXES or other national or international transport companies.

– Devolution Guarantee of the item acquired for a period of 15 calendar days from the receipt of the item. Thus, the user must send such items together with the Certificate of Authenticity perfectly packed again, to the address that will be facilitated as soon as communicates the dismiss.

In this case, ABSIS ART will refund the user the amount of item sold, without the need to allege any particular reason to the matter. Likewise, ABSIS ART informs that shipping costs in relation of that devolution will be paid by the user.

– Customer Service on the link “Contact”, where are the phone numbers and emails that the user can avail of, as well as timetables.

D). Promoting Artists

ABSIS ART wishes to promote artists and their works. In doing so,will use all the tools of promotion and visibility at their disposal. Mainly via its website, social networks, blogs, press, radio, television, etc.

E). Communication with users

ABSIS ART will periodically send users who have previously authorized, commercial mailings on events on today’s art world .

F). Information about today’s art world

ABSIS ART has a blog to report on developments in the world of art in all matters relating to news, exhibitions, museums, interviews, etc. This information is entirely developed by ABSIS ART on the basis of the information provided by promoters and organizers of events and exhibitions. The responsibility for the content and veracity facilitated to ABSIS ART corresponds to the very same sources and ABSIS ART is exempted from any liability or any content that is not accurate nor reliable.

G). Obligations of users

The user agrees to make diligent use of the services available from the website, with total subjection to the law, to good customs and Conditions of Use and, if applicable to the remaining rules of the website and with due respect to other users.

Some services, such as the purchase of works of art or participation in the blog require prior registration of users. In cases where prior registration to access the service is required, access to it is prohibited to those under 18 years of age.Minors can not register as users of this website.

ABSIS ART regulates the use of some services or purchasing products to fill the user log. The user must select an identifier (ID or login) and the system will automatically provide the password. Users can manage the password from their private security area. The user agrees to keep and use the identification and password with due diligence. The use of the password is personal and not transferable, and is not permitted to transfer, even temporarily, to third parties. In this respect, the user must take the necessary measures for the custody of the password, avoiding the use of it by others. Consequently, the user is solely responsible for the use of the password and shall be performed with complete indemnity for ABSIS ART. In the event that the user knows or suspects the use of his/her password by third parties will have to communicate that fact to the attention of ABSIS ART as soon as possible.

The aforesaid registration shall be made in accordance with the form expressly indicated in the service itself. All information provided by users through the various services must be truthful and accurate. For these purposes, the user guarantees the authenticity of all data communicated when filling out the necessary forms for subscription services. Similarly, it is responsibility of the user to keep all information provided to ABSIS ART continuously updated so that it responds at all times to the real situation of the user.

In any case the user will be solely liable for any false or inaccurate statements made and also for the damages caused to ABSIS ART or third parties for the information provided. The user agrees to comply with applicable laws and the rights of others to use the content and services on the web. Likewise, the reproduction, distribution, transmission, adaptation or modification, by any means and in any form, the contents of the website (design, text, graphics, logos, information, databases, sound and / or image, etc.) and other elements of this website will be strictly forbidden, unless prior written authorization of the legitimate owners.

Especially the user is not allowed to: use libelous or slanderous content, irrespective of the content that may affect other users or other people or companies, using pornography or violate the laws protecting minors, or advertising ,offering or distributing pornographic products or violating the laws protecting minors or disturbing other users (especially through the use of spam), use legally protected content (i.e.,legislation concerning intellectual property, trademarks, patents, utility models or aesthetic models) without having the right to do this, or to advertise, offer or distribute goods or services protected by law and carry out or encourage actions contrary to free competition, including those aimed at attracting progressive clients (like chain systems, snowball or pyramid).

H) .Exclusion of guarantees and responsibility

Except in the cases where is expressly described in the “Terms of Use” or in the rest of the regulatory framework of the web, ABSIS ART is not liable for damages of any nature that may arise due to the lack of accuracy, factual as well as any errors or omissions which may contain information and services contained on this website or other content that can be accessed through the same or assume any obligation or duty to monitor or verify their content and information.Thus, ABSIS ART does not guarantee the availability or continuity of the website and therefore excludes, to the maximum extent permitted by law, any liability for damages of any kind that may result from the lack of availability or continuity of the website and the services provided for them, as well as errors in access to different web pages or those from which, if any, will be provided. ABSIS ART assumes no responsibility for the content, data and / or information provided by users of the website, nor for the content of external websites to which there are links. Especially ABSIS ART does not guarantee that these contents are true, fulfill a certain purpose or can serve the very samepurpose. Also, ABSIS ART will not be responsible for the opinions expressed by users through the web, forums, communities, or other vias of participation or opinion.

I). Links, “links” to third party websites

ABSIS ART includes within its contents links to sites owned and / or managed by third parties in order to facilitate access to information available through the Internet. ABSIS ART assumes no liability for the existence of links between the contents of this site and contents located outside the same or any other mention of external contents to this site. These links or mentions are for information purposes only and in no way imply support, approval, commercialization or any relationship between ABSIS ART and persons or entities, authors and / or managers of such contents or sites where they are .

J). Applicable Law and Jurisdiction

These Terms of Use and the regulatory framework throughout the website are governed by Spanish law.

In case of conflict of interpretation between the different translations of the Terms of Use and the rest of the regulatory framework of the website, the parties agree that the Catalan version shall prevail.

For issues or actions that may arise from the provision of services and content of ABSIS ART and the interpretation, application, fulfillment or breach of what is established here, ABSIS ART and the User expressly waive any other jurisdiction that may apply, submit to the jurisdiction of the Courts of Girona.

3. CONDITIONS OF CONTRACT

A). Purpose

These present general terms and conditions regulate the acquisition on behalf of users of the products offered for sale on the web www.absisart.com. The Web is owned by Anna Plana Lorenzo, established in Olot (Girona), in the street Escultor Claret, 1 holder of 46,672,885 Tax-C

Users can get in touch with the Absis ART to the e mail address: lorenzo@absisart.com,or phone number + 34 616 47 05 30. Consultations will be attended in English on the phone +353 863520502.

Through the Web, ABSIS ART provides a platform that allows users to access and acquire original works of art or any product or service related to the world of art.

Access to the Web is regulated by the Terms of Use and for the rest of the regulatory framework of the Web, as well as the Privacy Policy that users agree at the time of registration on the Web and that will be applicable in the version in use each time the user accesses. The purchase of any product on the website will be regulated by the present general conditions of contract. In case of disagreement between these general terms and conditions and terms of use and / or the Privacy Policy always shall prevail the text of the general terms and conditions.

ABSIS ART reserves the right to change, without prior notice, the contents of these General Terms and Conditions so that recommends the user to read the Terms every time he/she makes a purchase on this website ABSISART.COM.

B). Sale of Works

ABSIS ART states that has the rights of sales, reproduction, distribution and public communication of all the works put on sale on the Web. These rights have been transferred to ABSIS ART by Authors of the Works or those who are authorized to assign the copyright.

ABSIS ART acts as an intermediary for the sale of original works, selling on behalf of the artist.

C). Property and accuracy of content

The authors of the works must have previously guaranteed ABSIS ART the authenticity of the original works that are put on sale via the Web, as well as the immediate availability of the same in less than 72 hours from the communication part of ABSIS ART conducted the sale. Similarly, the authors must have stated previously that hold the copyrights of the works on display and for sale and concede ABSIS ART the right of reproduction and public communication of the same in exchange for a commission on sales made.

The content provided of the works exhibited on sale at ABSIS ART is the responsibility of the authors of the same or of the source that has provided that content to ABSIS ART being ABSIS absolved of any responsibility for the work.

D). Price Works

The price of works on sale in the web will be established in Euros. The amount shown on the website should add local taxes included. Purchases made by people living in the European Community, will be subject to the payment of Value Added Tax (VAT). People not living in the European Union will be exempt from this tax .Taxes,custom duties or import tariffs and other appliccable that may arise in the country of destination are not included.

E). Preregistration

To access the purchase area of the site, the user must register in advance and provide personal data that the applicant is required in the registration form. The user agrees that the data provided is true and agrees to keep them updated. Because users who register do in order to negotiate purchase agreements, only persons who are of legal age can participate. By registering as a user on the Web, the user accepts to be 18 years of age or older, and has capacity to buy.

F). Purchase of the Work ,Formalization of the purchase, price and payment

The user must fill out an order form, which will have to choose if he/she makes payment by bank card or bank transfer.

If payment is made by credit card, the user will have to pay the whole cost of the item at the time of filling out the form via the Web. If he/she has chosen to pay by bank transfer, he/she must do it in less than 24 hours period after completing and accepting the purchase form order on the website.

The user, prior to filling out the order form, will have to acknowledge the final price of the work, comprising:

– Price of the Work

– VAT – Shipping

– Any other concept that is applicable and will inform the user at the time, prior to the purchase.

Any expenses that may arise in case of export, will be assumed by the user, since these costs are an independent issue to the task performed by ABSIS ART and correspond to the customs of each country. The costs and procedures of export will be assumed by the user.

The sale will be formalised at the time ABSIS ART has received the amount realized from the sale.

If, for any reason, ABSIS ART has no record of the payment of the sale in a term of 48 hours after the user has accepted the order form on the web, ABSIS ART will contact the alleged buyer about the cancellation of the order in accepting the purchase order form.

In performing the transaction, and within a maximum period of 24 hours, the user will receive a confirmation of the purchase by ABSIS ART via e-mail indicated in the order form.

The user can choose any of the following payment methods:

– Credit Card (Visa, Mastercard)

– Bank transfer to the account held by ABSIS that ART is provided in the purchase process. The transfer must be made in a term not less than 24 hours from the purchase by accepting the form on the Web. Otherwise, the reservation will be void.

In case the artist has not communicated ABSIS ART of the unavailability of the work, ABSIS ART will be fully exempt from any liability towards the user for such purpose. ABSIS ART will inform the user as soon as possible of non-availability of work so that he/she can choose to buy another work or refund the amount paid, if it had been made effective. In the event that the user chooses not to buy another work, ABSIS ART will refund the amount in less than 7 days from the notification to the User ,canceling the order and being the service contract totally extinguished by the user.

In case of exporting a work of art,ABSIS ART due to the task of brokering in the process of sale, the exporter is the Artist and the importer is the User each taking charge of export or import respectively.

G). Other services by ABSIS ART

In addition to the services described above ABSIS ART additionally offers users the following products or services:

– Certificate of Authenticity signed by the artist.

– Customer Care Service, on the “Contact”, by mail or telephone to answer any question or issue.

H). Security measures

ABSIS ART ensures users the security of their transactions, and provides provisions of protocols and security services of high standards. Also, ABSIS ART informs its users that in order to increase their security guarantee transactions, uses a secure payment platform.

I). Delivery of Items Acquired

ABSIS ART will arrange the delivery of the items to the user through a national or international courier company of high prestige and maximum guarantees, who will be the ultimate responsible for the delivery to the address the user has indicated in the purchase form order. In any case, ABSIS ART is not responsible for the delivery problems resulting from inaccurate or erroneous information provided by the user.

The maximum period between the signing of the sale and the delivery of the items is 30 days. For these purposes, it is considered that the delivery has occurred when the courier company hands over the item to the user. In the event that a delay may occur in the deadline period attributable to ABSIS ART, the user will be entitled to return the items. For these purposes, it is not considered that there is a delay in the delivery of the items in the assumption in which the item might have been held at customs for export or import or made available to the user within the deadline but might not been delivered due to reasons attributable to the user.

In the event that the courier made an unsuccessful delivery attempt, will leave a delivery notice to the user so that he/she can get in contact with the courier and coordinate a new delivery.

In the event that neither the courier nor ABSIS ART could get in contact with the user to coordinate the delivery of the item within a maximum of 15 working days from the first attempt of the delivery, the courier company will proceed to the devolution of the item to the very same author of the item, assuming the user all the expenses incurred (delivery, devolution and any other management expenses incurred).

At the time of delivery the user should check the status of the package, indicating in the delivery note any anomaly detected in it. Also, once the is package is opened, if the user detects any anomaly in the item shall communicate it inthe same day delivery to ABSIS ART, via email to : lorenzo@absisart.com indicating matter, the order number or through the private area of the user menu category.

In the case of import- export, the Author is considered the exporter, being responsible for the management of all exports. Similarly, it is considered the buyer as the importer of the item, having to pay the courier company at the time of the delivery amounts accrued in the event of tariffs or import taxes.

J). Item Devolution

Users will have a period of 15 calendar days from the date of the delivery of the item in which may cancel the sale and return the items. For this purpose, the user must inform the devolution via email the following: lorenzo@absisart.com

Shipping costs in regards of the devolution will be borne by the user.

ABSIS ART will contact the user to validate the devolution process. The User will proceed to return the item within a maximum period of 15 calendar days from the date he/she has notified in written form the devolution.Users will also assume courier costs. The user shall contribute in any costs that may be associated with the devolution process (such as customs clearance, custom duties , import taxes, etc)

ABSIS ART will only accept devolutions that meet the following requirements:

1. Being performed within the estimated period.

2. Item must be in the same condition in which it was delivered and will retain its original packaging.

3. The devolution must be made in the original packaging or of identical features to ensure the item remains in perfect conditions.

4. Must include a copy of the item delivery note and the authenticity of the item.

Once the Author has received the item it will be verified that it is in perfect condition and will validate the user status in relation to the amount paid, costs and associated expenses.

The user can choose to change the item back for another item or a refund on behalf of the amount paid for the item.

If the user chooses to change for another item it will be calculated on the positive or negative balance of the state of user accounts in regards of the new purchase and will proceed to settle the balance. The user must assume the shipping costs of the devolution.

And also in any case, the following rules will apply :

– In the event that the new item chosen is of the same amount, the user will pay the transport costs generated due to the shipment of the new item acquired.

– In the event that the amount of the new item is less than the returned item , the user must pay the shipping costs generated again and the outstanding amount will be refunded by ABSIS ART .

– In the event that the amount of new item might be in excess than the returned item, the user will pay the difference, and also the shipping costs generated by sending the new item acquired.

The user will also have to take care of other expenses that may arise from a possible import or export.

Should the user select the balance back to his/her account balance, ABSIS ART will proceed within less than 15 days to pay the balance by the same system that the user has made payment for the item. This deadline of 15 days will be extended in the event that the author has not received a refund of the item, until it is received, and check that the work is in perfect condition.

K). Guarantees

ABSIS ART acts as an intermediary between authors of the works and users that acquire them, and in this regard informs users that the authors of the works prior to promoting them on the Web, have guaranteed the following: :

– Authenticity.

– Originality.

– No infringement of third party rights.

– Not to be a national heritage assett of the country.

– Item or work not being an exportable asset nor of cultural interest.

L). Insurance and Claims

All the shipped items are insured for the value of the item.

Should the items experience a loss,ABSIS ART promises to pay the customer credit on behalf for the amount of the damaged item once the insurecompany has accepted the claim and pays the insured amount to ABSIS ART.

M). Intellectual property

In addition to the provisions stated in the “Terms of Use” also appliccable to purchases made by users ABSIS ART informs its users that the authors of the works shown are the holders of intellectual property rights of the very same ones and therefore, users agree not to use the works with any other purpose that could harm the aforesaid authenticity or author´s rights.

N). Protection of personal data

In addition to the content stated in the Data Protection Policy of the Web, ABSIS ART informs users that:

– The data provided by the user in the process of buying items will be used by ABSIS ART with the sole purpose of formalizing the sale and manage the delivery and the eventual devolution of the acquired items.

– These data will be included in the files held by ABSIS ART declared and registered in the Register of the Data Protection Agency.

– ABSIS ART does not store transaction nor payment data about payment methods.

– Users may, at any time, exercise their rights of access in accordance with the provisions of Law 15/1999, of December 13, of Personal Data Protection and its implementing regulations, regarding rectification, cancellation and opposition of their personal data by written request sent by e-mail to: lorenzo@absisart.com.

O). Nullity

In the event that any provision of the present conditions be declared null, the remaining provisions will remain in force and shall be interpreted in accordance with the will of the parties and the purpose of the text.

P). Law and Jurisdiction

The present legal conditions and regulatory framework around the web will be governed by Spanish law.

In case of conflict of interpretation between the different translations of all the terms and conditions of ABSIS ART the parties agree that the Catalan version shall prevail.

For issues or actions that may arise from the provision of services and contents of ABSIS ART and their interpretation, application, fulfillment or breach of what is established here, ABSIS ART and the User with other express waive that may apply them, are subject to the jurisdiction of the Courts of Girona.

4. TERMS AND CONDITIONS OF SPACE PARTICIPATION

www.absisart.com, provides users with a blog about today’s art world, and has a space that invites to reflection and is open to the views of anyone who wants to participate.

The use of this open space for participation, hereinafter called “Forum” is subject to the prior acceptance of the present Terms of Use of Space Participation.

A) Terms and acceptance Of Space Participation

The present “General Terms and Conditions” regulate the provision of services offered by ABSIS ART on its blog, as well as the conditions of acceptance and use of the open service, participation and review by its users. The use of this forum is conditioned by filling prior , the registration form www.absisart.com, website, as well as the prior acceptance of the terms of use. Also, the use of some of the services requires to be registered as a Forum User and expresses full and unreserved acceptance by the user of each and any of the conditions in the published version by ABSIS ART at the same time that the user accesses the service.

The use of the Forum is also subject to all notices, use of rules and regulations and instructions made known and available to the user by ABSIS ART.

ABSIS ART reserves the right to modify at any time without notice the present “Terms of use of Space Participation”. These will apply from the moment they are available to users through the website www.absisart.com . ABSIS ART recommends to visit every time the user accesses the Forum as these Terms and Conditions may change.

The availability and use of the Service by User will be understood, in any case, subject to the strict compliance of the terms contained in these present Terms and Conditions. If the user decides not to accept the legal conditions and where applicable,the Future conditions and communications that may refer,ABSIS ART must refrain from accessing and/or using the space of opinion offered.

B) Purpose and Service Description

The purpose of the Terms and conditions is the provision of a consistent service open to internet users. Users of legal age, free and with prior validation of the username and password, can interchange, access, respond to messages and in general, hold conversations with other users of the service to express opinions and exchange views on the information activities, services that are displayed at www.absisart.com or content that can be accessed from the sameas well as issues related to ABSIS ART and the art world in general.

C) Access to Space Review

Access to the service is performed, prior registration through a user name and password or a personal untransferable key. The user assumes the consequences in case of breach of confidentiality or the misuse of keys and access codes. The minimum age to access this free service is 18 years.

D) Obligations of Users

Users agree to use the Service in accordance with the law, the present Terms and Conditions, the remaining rules of the website, as well as the morals and the generally accepted good practices and public order.

Users must, therefore agree not to use the service with illicit purposes, contrary to the provisions of these terms and conditions and other rules of the website, harmful to the rights and interests of third parties, or which in any way damage, disable, overburden, or impair the Service or prevent the normal use of the service by other users.

In particular and with a simply informative and not exhaustive matter,it will be prohibited the transmission, diffussion or making available to third parties by the Forum of information, messages, graphics, sound and / or images, photographs, recordings, software and, in general, any kind of material, data or content that:

1.Threaten, abuse or harass in any way ,other forum members or any third party outside it.

2. Incorporate obscene or objectionable content that may offend the sensibilities of any third party who may access it.

3. Spread content that could violate or infringe the legal rights of others, including defamatory material or content that infringes copyright of industrial or intelectual property.

4. Encouraging others to violate these Terms, the Terms of Use or other legal regulations regarding www.absisart.com website.

5. It is published with the intent to disguise as members of the team of ABSIS ART or another user through the use of similar identification or through any other method or device.

6. Used for commercial purposes and advertising or other unlawful methods; as well as the transmission of junk mail, spam, chain or mass distribution of not requested messages.

7. Infringe regulations on communications privacy.

8. It is absolutely forbidden the sale, promotion and distribution of products or services through Forum service offered by ABSIS ART.

ABSIS ART reserves the right to withdraw and / or suspend the service to any user for breach of the provisions of the present legal conditions and other rules of the website, as well as to eliminate, remove and / or suspend any message that includes information on the characteristics listed in paragraphs 1 to 7, even that has not been mentioned in the same sentence, without prior notice or subsequent notification.

E) Exemption from liability

The messages and contents expressed by users in the Forum Blog of this website are only the opinion of senders and the content is solely the responsibility of the same ones.

In any case will ABSIS ART be responsible for the messages posted by users and also excludes any responsibility for damages and prejudices of any nature that may arise from the unawareness that third parties may have regarding the conditions, characteristics and circumstances in the use of service that users have access and if appropriate, to the interception, removal, modification or manipulation authorised by third parties or not of messages that users spread or made available to third parties through the service of the Forum.

ABSIS ART does not guarantee the availability, continuity nor the operation of the service, and therefore excludes as far as legally possible, any liability for damages of any kind that may be due to lack of availability or continuity of the website and of the services available on the same website, as well as errors in accessing to different web pages or those whom, if any,services are provided.

F) Personal Data

As it is stated in section A) of the present Terms and Conditions of Use in Space Participation, access and use of the Forum is subject to the prior acceptance of these Terms of Use.

ABSIS ART informs that will handle the personal data under the terms of the Personal Privacy Policy on the website: www.absisart.com, where the user can find the legal conditions of ABSIS ART. Also, the user fully agrees that the opinions expressed in the Forum of ABSIS ART can be located and made accessible through Internet search engines. Users guarantee the truthfulness, accuracy, validity and authenticity of the Personal Data provided and accepts to keep them updated.

G) Security Measures

Considering that security measures on the internet are not infallible,when concerning the privacy and security of the use of the Service Forum, ABSIS ART does not guarantee that third parties authorized or not, may have knowledge of type, conditions, characteristics and circumstances of use that users make of the service or may access, intercept, delete, alter, modify or manipulate messages and communications of any kind that users propagatte or made available to third parties through this service.

H) No license neither authorization

ABSIS ART authorizes the registered user in the service, the utilization of industrial and intellectual property rights relative to the software program that allows the execution of the services that constitute the service solely for use as provided in these Terms. ABSIS ART does not grant any licence or authorization of use of any kind of its Intellectual and industrial property rights or any other property or right related to the Forum service of the website or the contents on Declaration of Intellectual and Industrial property rights that the user can find on Legal Conditions of : www.absisart.com, website

I) Appliccable Legislation

The present legal conditions and regulatory framework around the web will be governed by Spanish law.

In case of conflict of interpretation between the different translations of all the terms and conditions of ABSIS ART, the parties agree that the Catalan version shall prevail.

For issues or actions that may arise from the provision of services and contents of ABSIS ART and the interpretation, application, fulfillment or breach of the contents established here ABSIS ART and the User with express waive of any other jurisdiction that may apply, submit to the jurisdiction of the Courts of Girona.

5. LEGAL NOTICE AND PRIVACY POLICY

A) Identity details

In compliance with the obligation of information contained in Article 10 of Law 34/2002, of July 11, of Information Services Society and Electronic Commerce, the following information is provided next:

This website is managed by Anna Plana Lorenzo holder and owner of the domain htttp://www.absisart.com, the data of which are:

c / Escultor Claret 1

17800 – Olot (Girona), Spain.

Tax – 46,672,885-C

+ 34 616 47 05 30

lorenzo@absisart.com

B) Users

The access and / or use of the web: www.absisart.com, ascribes the condition of User who accepts, from such access and / or use, the General Conditions of Use reflected there. Such conditions will apply regardless of the General Terms and Conditions which are mandatory if applicable.

C) Portal Use

ABSIS ART creates and makes available to internet users the website: www.absisart.com , which provides access to information and services related to the art world (hereinafter “content”). These contents which users may access, belong to ABSIS ART. The user assumes responsibility for the use of the site. This responsibility extends to the record that may be necessary to access certain services or contents.

In this registration process the user is responsible for providing accurate and lawful information. As a result of this registration, the user will be provided with a password which will be responsible for, pledging to make a diligent and confidential use of it. The user agrees to make appropriate use of content and services (e.g. ,discussion forums or newsgroups) that ABSIS ART offers through its website but with an informative but unlimited approach not to use them for the following:

(i) Engaging in illegal or unlawful activities or contrary to the good faith and public order.

(ii) Spread racist propaganda, xenophobia, pornographic content,inciting terrorism or against human rights.

(iii) Cause damage to the physical and logical systems of ABSIS ART,its suppliers or third parties, introducing or spreading computer viruses or any other hardware or software capable of causing the aforementioned damage;

(iv) Attempt to access and should the occassion arise, use the email accounts of other users and modify or manipulate their messages.

ABSIS ART reserves the right to withdraw all comments and contributions that violate the respect for human dignity, which are discriminatory, xenophobic, racist, pornographic, which go against youth or childhood, security and public order or that, in its opinion, may not be suitable for publication. In any case, ABSIS ART is not responsible for the opinions expressed by users through forums, chats, or other participation tools.

D) Data Protection

ABSIS ART meets the guidelines of Law 15/1999 of 13 December on the Protection of Personal Data, Royal Decree 1720/2007 of 21 December,by which are approved the Regulations implementing the Act and other regulations in force and safeguards to ensure proper use and handling of personal data of the user.

ABSIS ART informs that in placing an order,information be requested by mail or communication through customer service, personal data will be stored and processed in the files of ABSIS ART in order to comply with the request made , and also to carry out surveys, statistics and analysis of market trends that allow to improve the services provided, as well as send information and publicity, either by mail or any other means, about offers, promotions, news, products, services and recommendations by ABSIS ART.

In the case of commercial communications via email or similar means, ABSIS ART informs that complies with Law 34/2002 of 11 July, Information Society Services and Electronic Commerce and will only consent the handling of its email for commercial purposes.

ABSIS ART informs that in order to comply with the placed orders, will communicate to the suppliers of goods or requested articles the personal data necessary to carry out the delivery of the product in place.

The responsible for data record is ABSIS ART. To exercise rights of access, rectification, cancellation and opposition to the handling of data and communications to third parties if any, the user should address in writing to:

ABSIS ART.

c / Escultor Claret 1

17800 Olot (Girona)

ABSIS ART guarantees the confidential treatment of the user´s personal data and will adopt the technical and organizational measures to ensure data security and prevent tampering, loss and unauthorized access or treatment.

E) Intellectual and Industrial Property

Absis Art reserves all rights of exploitation.

The present website is governed by Spanish law and is protected by national and international legislation on copyright on Intelectual and Industrial property.

In compliance with Law 34/2002 on Information Society Services and Electronic Commerce, ABSIS ART informs the user that ABSIS ART owns all intellectual and Industrial property rights of the website: WWW.ABSISART.COM as well as the elements contained in it (in an informative manner: images, sound, audio, video, software or texts, brands or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access and use, etc.) owned by ABSIS ART.

All rights reserved. Under the provisions of Articles 8 and 32.1, second paragraph of the Law on Intellectual Property is totally prohibited the reproduction, distribution and public communication, including the modality of making available all or one part of contents of this website for commercial purposes in any form or by any technical means, without the express written consent of ABSIS ART.

The reproduction, copy, use, distribution,commercialisation public communication or any other activity that is done with the information contained on this website, without the express prior written consent of ABSIS ART is an infringment punished by the prevailing law.

The user agrees to respect the rights of Industrial and Intellectual Property owned by ABSIS ART. The user can view the elements of the website and even print, copy and store them on the hard drive of his/her computer or any other physical medium that is solely and exclusively for personal and private use. The user may not remove, alter, or manipulate any protection device or security system that is installed in the pages of ABSIS ART.

The legitimacy of intellectual and industrial property rights corresponding to the contents provided by the users is solely responsibility of them. For the purposes of preserving possible intellectual property rights in the event that any user or third party considers that there has been a violation of their legitimate rights due to the introduction of a specific content on the website, the user should notify this circumstance in writing to ABSIS ART, Escultor Claret, 1, 17800 Olot (Girona), Spain, indicating:

– Personal data identifying the person whose rights are allegedly infringed. If the claim is submitted by a third party other than the interested party must indicate the representation that shows with which it operates.

– Indicate the content protected by intellectual property rights property and its location on the website.

– Proof of the existence, ownership and validity of the mentioned rights of intellectual property.

– Express declaration in which the interested party takes responsibility for the accuracy of the data or information provided in the notification to whom is referred to this point.

F) Exclusion of guarantees and responsibility

Under any circumstances ABSIS ART is not responsible for damages of any nature that may arise, especifying: any errors or omissions in the content, lack of availability of the website or transmission of viruses or malicious programs or harmful content, despite having taken all necessary technological measures to prevent it.

ABSIS ART rejects all liability arising from misuse of the contents of the website and reserves the right to update them whenever appropriate, delete, modify and limit or deny access to them, temporarily or permanently .

G) Modifications

ABSIS ART reserves the right to make unannounced changes it deems appropriate on its website, changing, deleting or adding content and services provided through the same website as the way they are presented or located on its website.

H) Links

WWW.ABSISART.COM, contains links to other Internet sites.

ABSIS ART does not have responsibility for any information that is not contained in this website and, therefore, ABSIS ART has not created nor published in its name. ABSIS ART specially rejects any responsibility for the information that might be contained in the pages of third parties web pages connected by links (links) to the website of ABSIS ART .ABSIS ART will not exercise any control over such sites and content. In any event ABSIS ART will not assume any responsibility for the contents of any link belonging to another website, nor guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, accuracy, validity and constitutionality of any material or information contained in any of these hyperlinks or other Internet sites.

Also the inclusion of these external connections will not involve any type of association, fusion or participation with the entities connected.

I) Right of exclusion

ABSIS ART reserves the right to refuse or withdraw access to the website and / or its services offered without prior notice, at their own or to a third party request, those users who violate the Terms of Use.

J) Breach

ABSIS ARTwill pursue a breach of the Terms of Use as well as any illegal use of its website, exercising all civil and criminal actions that can be abided by law.

K) Modification of the present conditions and duration

ABSIS ART may change at any time and without notice, the Terms and Conditions of Use and the General and particular conditions that regulate the website, by posting such changes on the website so that they can be known by users.

The validity of these conditions will depend on their publication and will be valid until they are modified by other dully published.

H) Applicable law and jurisdiction

The Interpretation of the Terms of Use, the Conditions of Contract and any dispute that may arise regarding this website, as well as the relationship between ABSIS ART and USER will be governed by Spanish legislation.

In case of conflict of interpretation between the different translations of Legal Terms, Conditions of Use, Conditions of Contract, and the rest of the regulatory framework of the web, the parties agree that the Catalan version shall prevail.

The parties expressly waive the jurisdiction they may be entitled and expressly submit to the Courts of Girona to resolve any dispute that may arise in the interpretation and implementation of the Terms of Use of the contractual conditions and any aspect of content to this website.

6. DATA PROTECTION

A). Right to information

The present data protection policy regulates the access and use of web services that www.absisart.com, puts free for Internet users interested in its services and content offered by the web ABSIS ART.

In accordance with the provisions of Law 15/1999 of 13 December, Data Protection (LOPD) ABSIS ART as owner of the website informs the user of the existence of files personal data created by and under his/her responsibility.

ABSIS ART fully complies with current legislation regarding the protection of personal data, and the confidentiality agreements particular of its activity. If the user, either a company or an individual decides to register at ABSIS ART it will be required to provide necessary data to facilitate the communication of the works displayed at www.absisart.com, between authors,galleries and individualsand also report about the initiatives of ABSIS ART for the promotion of art. The processing of such data is intended solely for the purposes mentioned above, always within the regulatory framework established. The data provided by users will be incorporated into a personal data file that is duly registered with the Data Protection Agency.

B). Purpose

The data of registered users through the provided form to this effect www.absisart.com are compiled by ABSIS ART, for the following purposes:

– Any kind of promotional or commercial activity with the aim to sell works of art to users.

– Provide users with free access and search the database of ABSIS ART about Artists and Works.

-Send Electronic communications and promotional information about the artistic sector.

C). Mandatory or voluntary information provided by the user and accuracy of data

Fields marked with an asterisk (*) in the registration form to be completed by the user are strictly mandatory and necessary and required to fulfill the user´s request, being voluntary inclusion of data in the remaining fields. The user guarantees that the personal data provided to ABSIS ART are authentic and is responsible for communicating any changes thereof. The user guarantees that all personal information provided is accurate and updated so that it responds truthfully to the current situation of the user. It is the duty and responsibility of the user to maintain, at all times, data updated, being the user the only responsible for the inaccuracy or falsity of the information provided and also for the damages it may cause to ABSIS ART or third parties for the use of the services offered by ABSIS ART

D). User Consent

Once the form is completed and has “clicked” to send data, the user confirms having read and expressly accepted the legal conditions, and gives his consent to the processing of the personal data in accordance with the informed purposes and services provided by ABSIS ART.

E). Electronic communications

When completing and submiting the electronic form of www.absisart.com , the user can authorize receiveing promotional and informative emails that include news, sales promotions,and relevant information about the website as well as electronic communications related to the art sector. ABSIS ART informs users that once the authorization is received may modify or eliminate these services easy, fast and free. The user will be able to cancel the subscription. If the user does not want to receive electronic communications but wants to continue maintaining the account in ABSIS ART, he/she will send an email to: lorenzo@absisart.com, asking to remove his/her e mail from the subscribers list and to maintain the account. The user authorizes ABSIS ART may provide the details to third parties to manage their orders or purchases made at ABSIS ART.

F). Security

ABSIS ART informs users that it has adopted the technical and organizational regulations established to ensure the security of personal data and that avoid its alteration, loss, or unauthorized access, given the state of the technology, the nature of the data stored and the risks they are exposed, all in accordance with the provisions of Royal Decree 1720/2007 of 21 December, approving the Regulations implementing the Act 15 / 1999 of 13 December on the protection of personal data and other control procedures for the security of information systems.

G). Cookies and IP

The user accepts the use of cookies and IP tracking. Our site traffic analyzer uses cookies and IP tracking that allow us to collect data for statistical purposes as: date of first visit, number of visits, date of last visit, URL and domain which comes, browser used and screen resolution. However, if users want can disable and / or eliminate these cookies following the instructions of the internet browser.

ABSIS ART does not use techniques of “spamming” and will only process the data transmitted by users via electronic forms provided on the website or emails messages.

The website informs that it is adhered to the advertising system “Google adsense” that uses “cookies” to display advertising content related to browsing performed by the user.

When a user accesses a “cookie” on the navigator through which “Google” collects information on the user´s navigation to manage and publish after ads through the advertising program “Google Adsense”. The user can disable at any time the use of “cookies” of Google by disabling the Google “cookie” in the browser.

This website uses Google Analytics, a web analytics service provided by Google, Inc., a Delaware company whose main office at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, USA (“Google”). Google Analytics uses “cookies”, which are text files placed on the computer, to help the website analyze how users access the site. The information generated by the cookie about the use of the website (including user´s IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information in order to track the use of the website, compiling reports on website activity and providing other services related to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate user´s IP address with any other data held by Google. The user can refuse treatment of the data or information by rejecting the use of cookies by selecting the appropriate settings on the browser, but in doing it so, may not be able to use the full functionality of this website. By using this website, the user consents to the processing of data about the user by Google in the manner and for the purposes described above.

H). Right of access, rectification and installation

The user has the right to access this information, verify whether the data are incorrect, unsubscribe from services ABSIS ART. These rights can be exercised by the same configuration of the website. In case of problems for the effective accomplishment online for any questions or concerns about our privacy policy data will be directed to:

ABSIS ART, Street Escultor Claret, 1 Code: 17800 Olot (Girona ), Spain