Terms of Use

TERMS OF USE

Pages of ArtSoul

Artsoul Comunicação Digital Ltda., a limited liability company registered with the CNPJ under No. 29.752.781/0001-52, headquartered at Rua Quatá, 845, sl. 02, Vila Olímpia, São Paulo, Brazil, hereinafter referred to as "Artsoul", has the website https://www.artsoul.com.br.

The purpose of these Terms of Use ("Terms") is to regulate the use by you, hereinafter referred to as "User", of the pages of the Site www.artsoul.com.br hereinafter referred to as "Pages".

Thank you for taking the time to read these Terms. This information will help you to operate our internet platform that enables the User to get closer to contemporary art. The content of the site has a cultural nature, publicizes exhibitions of museums and galleries and exposes in a virtual way works of art that are for sale in galleries. It is very important that you know our policies and, for this reason, it is necessary that you read and understand the Terms of Use of the site, as well as reading the limitative clauses of rights, highlighted here.

Artsoul is not a supplier of any products advertised on the Site and is not responsible for the organisation of exhibitions and events advertised on the Site. Artsoul provides a service consisting in the offer of an Internet platform that provides spaces for the User to learn about the above mentioned content, as well as for the Galleries (sellers of works of art) to advertise their own works or those of third parties who have authorised them to sell them so that any person interested in buying the works, for example you, the User (potential buyer), may negotiate directly with the seller.

These Terms apply to pages available on Artsoul's official website at https://www.artsoul.com.br.

In order to use the services available in Artsoul's official website, the User must also expressly accept the Privacy Policy, which contains clear and complete information on the collection, use, storage, treatment and protection of the personal data of Users and visitors to the website. The User shall make a single registration, creating a user, corresponding to a valid e-mail, which he will use as login and a password that he will create, these data are personal and not transferable. Artsoul shall not be liable for the inappropriate use or disclosure of such data to third parties. Artsoul, nor any of its employees or agents, shall not request you to enter your password by any means, whether physical or electronic.

You must read, understand and accept all the terms and conditions set out in these General Terms and Conditions and the Privacy Policy before registering as a user of Artsoul.

Em caso de dúvidas, acesse contato@artsoul.com.br.

Advertisers/potential sellers offering products on the site are essentially art galleries, hereinafter "Advertisers". Advertisers are responsible for inserting in Artsoul's platform, so that they are displayed in virtual form, photos of the works, dimensions, name of the artist (author), price of the work, and other characteristics of the item advertised, as well as the other conditions of the offer, for example, if the advertised price is for withdrawal by the User at the Gallery Advertiser and to it may be added expenses for delivery of order (freight). It is up to Advertisers to establish, therefore, directly the terms of the advertisement and all its characteristics (such as title, description and image of the goods, price, incidence of taxes, delivery expenses, restrictions of the offer, if any, and other data that are necessary to give transparency to the advertisement).

These Terms are available for access at any time by the User through the address https://artsoul.com.br/conteudo/termos-de-adesao. Furthermore, these Terms shall apply to the use of the pages, the provisions of the Privacy Policy of the Pages available at https://artsoul.com.br/conteudo/politica-de-privacidade and any other specific rules set forth elsewhere on this Pages of the Site.

The services that are the subject of these Terms consist of:

 

(i) offer and host spaces on the website so that, essentially, Galleries may advertise for sale their own products or those of third parties (artists such as painters, sculptors, photographers, among others) and so that eventual interested parties in the purchase of the works of art, the potential buyers of these products, may negotiate directly and exclusively among themselves the purchase and sale of the works of art exhibited and/or advertised, and

(ii) to enable direct contact between selling Advertisers and Users interested in purchasing the products and services advertised, by forwarding expressions of interest in a given item displayed on the site to the Advertiser responsible for it. Artsoul therefore enables Users to contact and negotiate with each other directly, without any intervention by Artsoul in the negotiation or execution of business. Accordingly, Artsoul does not supply any products or services advertised by advertisers on this site. https://www.artsoul.com.br/

Given the above, check below the essential elements for using the site.

1. USER ACCEPTANCE

 

Acceptance of these Terms will be given when you click on the "I Accept" button, when you first access any of the pages. pages. Except as otherwise expressly provided by law, Artsoul reserves the right to amend these Terms at any time without prior notice to User. However, the User will be notified of the change via the pagesto decide whether to agree to the new terms or to discontinue use of the Site.

2 CONDITIONS OF ACCESS AND USE OF THE PAGES

2.1 Free access and use of the Pages

 

Access and use of the Pages by the User are, as a rule, free of charge, but with the use of ads, as mentioned above.

As the User is aware, the site has among its purposes to bring Users closer to the Art Galleries that have placed advertisements of Works of Art or their events, on the site. Thus, the User acknowledges and accepts that as Artsoul is not the owner of the Works or the organizer of the events and exhibitions advertised, the free of charge referred to in the above paragraph is of the service described as the scope of the site, and not of any product or service advertised therein, as Artsoul has no interference in such marketing conditions.

2.2 User Registration

All information provided by the User through the Pages must be true. Thus, the User guarantees the authenticity of all the data provided during the login and/or to be included in the list of people who will receive Artsoul's newsletter .

2.2.1. Cadastro. É de responsabilidade do Usuário manter toda a informação fornecida à Artsoul permanentemente atualizada, de forma que sempre reflita os dados reais do Usuário. Em caso de variações em seus dados o Usuário deverá solicitar a atualização dos mesmos por meio do e-mail:contato@artsoul.com.br , sob pena de: deixar de ter acesso à parte do site restrita a cadastrados, ou de deixar de receber a newsletter.

The User undertakes to notify Artsoul immediately of any unauthorised use of their account, as well as unauthorised access.

Artsoul may, at its sole discretion, reject any User registration request, as well as temporarily suspend or cancel the registration of Users already registered who fail to comply with these Terms or the Brazilian legislation in force.

In all circumstances, the User shall be solely liable for any false or inaccurate statements made and which may cause damage to Artsoul or third parties.

IT IS FORBIDDEN TO REGISTER USERS WHO DO NOT HAVE CIVIL CAPACITY (IN RELATION TO NATURAL PERSONS) OR ARE NOT LEGAL REPRESENTATIVES (IN RELATION TO LEGAL PERSONS).

To use the services of PagesUsers who are under the age of eighteen (18) must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all acts carried out by minors.

2.2.2.Newsletter. The newsletter which the User has authorised to be sent either by specific request or by registering on the site and logging in, in addition to containing content of his/her interest related to the site, may contain advertisements by Artsoul or Advertisers which are directly or indirectly related to the theme of art in general and, therefore, will probably be of interest to the User.

2.3 Obligation to use the pages correctly

 

By using Artsoul Pages, the User undertakes to respect the Brazilian legislation in force, as well as all the provisions of these Terms, and shall not transmit in the site environment any content that:

Is contrary to any norm of Brazilian legislation, as well as generally accepted morals and good customs;

1. Are false, ambiguous, inaccurate, exaggerated or extemporaneous, in such a way that they may lead to error as to their object or the communicator's intentions or purposes;
2. incorporate viruses or other physical or electronic elements that may cause damage to or prevent the normal operation of the network, system or computer equipment ("hardware" and "software") of third parties, or that may cause damage to electronic documents and files stored on such computer equipment; or
3. by their characteristics (such as shape, size, etc.) cause difficulties in the normal operation of the Service.

 

Under any circumstance, the User is solely responsible for the use that he/she makes of the pages Artsoul Pages, as well as for any messages sent by him/her.

2.4 Proper Use of Content and Intellectual Property

The User undertakes to use the pages and its contents, i.e., texts, graphics, icons, links, photographs, images, technology, and other audiovisual or audio content, software, graphic designs and source codes (collectively, "Content(s)"), in accordance with all applicable laws, generally accepted moral and good practices and these Terms.

All trademarks, trade names or logos of any kind displayed on the pages for the purpose of making Artsoul an indication of Artsoul are the property of Artsoul, and use of the Pages may be construed as an authorization for the User to cite such trademarks, trade names and/or logos.

ALL CONTENT IS THE EXCLUSIVE PROPERTY OF ArtsoulOR THIRD PARTIES WHO HAVE AUTHORIZED ITS USE IN THE PAGES, AND IS PROTECTED BY INTERNATIONAL LAWS AND TREATIES. IT MAY NOT BE COPIED, REPRODUCED OR USED IN ANY OTHER WAY, AND ANY VIOLATORS SHALL BE SUBJECT TO THE CORRESPONDING CIVIL AND CRIMINAL SANCTIONS UNDER THE TERMS OF LAWS 9610/98, 9660/98 AND 9779/96. THE USER, THEREFORE, SHALL ABSTAIN TO OBTAIN, OR ATTEMPT TO OBTAIN, THE CONTENTS BY MEANS OTHER THAN THOSE THAT, IN EACH CASE, HAVE BEEN MADE AVAILABLE FOR SUCH PURPOSES.

2.5 Introduction of hyperlinks to Artsoul Pages

Users who propose to establish a hyperlink between their webpage and the Artsoul Pages ("Hyperlink") shall comply with the condition that the "Hyperlink" shall only and exclusively allow access to the homepage or the homepage of the Pages, but may not reproduce it in any way.

The setting of a "Hyperlink" does not imply, under any circumstances, the existence of a relationship between Artsoul and the owner of the website containing it, nor Artsoul's acceptance or approval of its content or services.

2.6 Expression of thought by collaborators with articles and interviews for the "Journal".

The articles and interviews may contain exposure of opinions and personal ideas of the interviewee or author of the article ("Manifestation of Thought"). The User is aware that this Manifestation of Thought, if it occurs, will be the responsibility of the respective interviewee or author. Artsoul DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THOUGHT EXPRESSION EVENTUALLY MADE, IN SUCH CASES, BY A THIRD PARTY VIA THE SITE.

3 DURATION AND FINALISATION

Access to the pages is granted to the User for an indefinite period of time. Artsoul may, however, unilaterally terminate, suspend or interrupt access to the pageswithout any compensation being due to the User.

Artsoul further reserves the right to refuse or withdraw access to Pagesat any time and without prior notice, either on its own initiative or at the request of a third party, to those Users who fail to comply with these Terms.

Artsoul, by reason of violation of the legislation in force or these Terms, as the situation may require, may, without prejudice to other measures, refuse any application for registration, warn and/or temporarily or permanently suspend a User's account.

4 EXCLUSION OF GUARANTEES AND TECHNICAL LIABILITY OF THE SITE OR RELATED TO ADVERTISERS

Due to technical and operational issues, Artsoul cannot guarantee the availability, infallibility and continuity of operation of Pagesnor guarantee the usefulness of the pages for the performance of any specific activity. Accordingly, Artsoul SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER INCURRED BY THE INTERRUPTION OF ACCESS TO THEpages OR FOR ANY MALFUNCTION OF THE SAME, NOR SHALL IT BE LIABLE FOR ANY INFRINGEMENT OF THE UTILITY THAT USERS OR THIRD PARTIES MAY HAVE ASCRIBED TO THE pages, THE FALLIBILITY OF THE SAME, OR ANY DIFFICULTY IN ACCESSING THEM.

Artsoul uses industry best practices to keep secure all data entered by the User on pages.Artsoul cannot, however, guarantee that unauthorized third parties will not use unlawful means to obtain such information. Artsoul hereby disclaims all liability for any damages of any nature whatsoever that may arise from any unauthorised third party gaining knowledge of any of the information provided as a result of any fault that may be solely attributable to Users or any third party beyond Artsoul's reasonable control.

Artsoul does not guarantee the absence of viruses in pagesas well as other harmful elements that may produce alterations in Users' computer systems(software and hardware) or in the electronic documents stored in the computer system, disclaiming any liability for damages that may arise from any harmful elements inserted by third parties.

Artsoul does not verify or control your use of the pages.. Accordingly, Artsoul shall not be liable for any damages of any kind that may arise from use of the pagesor that may be due to the lack of veracity, validity, completeness and/or authenticity of the content made available therein, as well as of the information that Users provide to Advertisers about themselves and in communications made to Artwork Advertisers..

YOU ACKNOWLEDGE AND ACCEPT THAT:

- THESE TERMS ALONE DO NOT CREATE ANY PARTNERSHIP BETWEEN ARTSOUL AND ART WORK, OR EXHIBITION ADVERTISERS.

- A Artsoul IS NOT A PARTY IN ANY ART PURCHASE AND SALE NEGOTIATIONS THAT ITS SERVICE IS TO PROMOTE THE PURCHASE AND SALE OF WORKS, AS WELL AS RELATING TO EXHIBITIONS AND EVENTS.

- A Artsoul has NO CONTROL OVER WHEN A PARTICULAR WORK IS COMMERCIALISED and therefore cannot be held liable if ANYTHING advertised on the site is no longer available for sale.

- BY THE ABOVE, ANY FAILURE IN THE PRODUCTS OR SERVICES OF Advertisers, BE IT DEFAULT OR VACANCY , AS CONCEIVED, RESPECTIVELY, IN ARTICLES 14, 18 AND 20 OF THE CONSUMER PROTECTION CODE, THEY MUST BE CLAIMED BY THE USER DIRECTLY WITH THE COMPANY RESPECTIVELY ADVERTISERS WHO HAS BEEN BOUND OR HAS MADE THE ADVERTISING, AND NOT WITH THE ARTISTRY.

5 PROCEDURE IN CASE OF ILLEGAL ACTIVITIES

If a User or a third party considers that there is information, facts or circumstances that constitute illegal activity, on the Artsoul's of Artsoul, especially in case of violation of intellectual property rights or other rights, it shall send communication to Artsoul containing the following data:

1. personal data: name, address, telephone number and e-mail address of the complainant;
2. specification of the alleged illicit activity occurred in the Pages and, in particular, when it comes to alleged copyright infringement, precise and complete indication of the protected and allegedly infringed content;
3. facts or circumstances revealing the illicit nature of such activity; and
4. where appropriate, express and clear statement that the use of the contents was made without the consent of the owner of the intellectual property rights allegedly infringed.

Always in accordance with the legislation in force, Artsoul may delete content accused of being illicit as soon as it is aware of it.

 

6 GENERAL PROVISIONS

If any part of these Terms is held invalid or unenforceable, such portion shall be construed in a manner consistent with applicable law to reflect, to the extent possible, the original intent of the parties, and the remaining provisions shall remain in full force and effect.

Artsoul's failure to enforce any rights or provisions of these Terms shall not constitute a waiver, and it may regularly exercise its right within the statutory time limits.

These Terms may be amended at any time by Artsoul and it is the obligation of the User to check this document frequently to be aware of such amendments.

 

7 NOTIFICATIONS

7.1. Todas as notificações e comunicações (doravante, as "Notificações") por parte do Usuário à Artsoul são consideradas eficazes, para todos os efeitos, quando forem dirigidas ao seguinte endereço eletrônico : contato@artsoul.com.br

7.2 All notices and communications (hereinafter, the "Notices") from Artsoul to the User shall be deemed effective for all purposes when made in one of the following forms:

1. sending an e-mail message to the address provided by the User;
2. telephone communication to the number provided by the User; and
3. by including messages on any of the pages of Artsoul.

In this regard, all Notices made by Artsoul shall be deemed valid when made using the data and means set out above. For these purposes, the User declares that all data provided are valid and correct, undertaking to notify Artsoul of any changes to the notification data.

8 APPLICABLE LAW AND JURISDICTION

These Terms shall be governed, construed and enforced in accordance with the laws of the Federative Republic of Brazil, regardless of conflicts of these laws with laws of other states or countries being competent the Forum of the City of Sao Paulo, in the State of Sao Paulo, excluding any other, however privileged it may be, except in the case of a claim filed by User who fits the legal concept of consumer, who may file suit in the Forum of the place of his domicile in Brazil, to resolve any doubt arising from this instrument. The User expressly consents to the jurisdiction of this court, and hereby waives the jurisdiction of any other jurisdiction, however privileged it may be or may become.

 

 

Last updated these Terms: 12/09/2018.