Introduction
1.1. IbizaArtShop.com
IbizaArtShop.com is a social website focusing on contemporary art activity. IbizaArtShop.com aims to create a virtual community and endow it with the services required for its development, providing the art world with a meeting point and an advanced communication tool. Its entertaining and educational approach intends to bridge the gap between contemporary art and large audiences. At the same time it is conceived as a professional showcase where exhibitors can display, promote and sell their works.

IbizaArtShop.com visitors will find artwork showcased. Both original works and prints can be sold and bought through IbizaArtShop.com.

As explained hereafter, creating and managing the first exhibition gallery is free for all IbizaArtShop.com registered users, excepting professional galleries used by galleries/art dealers and museums/foundations. In addition to this free service, exhibitors at IbizaArtShop.com may access other paid services specified further on.
Introduction
1.2. IbizArt Agency.
The present General Terms cover the terms applying to the use of the IbizaArtShop.com website, the other IbizArt Agency. domains and the services offered within them. Any references to IbizaArtShop.com will be understood as referring to Ibiza Asoc Internacional de Arte (CIF): B57877052, corporate address Lugar Seccion 2 Pol. 14, Num. 4355  - Sant Josep de Sa Talaia - Baleares - 07830 - Spain.

Throughout the whole contents of these General Terms any references to IbizaArtShop.com will be understood as referring to IbizArt Agency., whenever they have any legal implications.
Access and use of the website by visitors
2.1. Visitor
A visitor is any user that, regardless of any registration or identification, enters IbizaArtShop.com to visit exhibition galleries.
Access and use of the website by visitors
2.2. Access
Access to the website is free, though IbizaArtShop.com may withhold some of the services offered by the site for registered users.
Access and use of the website by visitors
2.3. Unauthorised uses
IbizaArtShop.com is not obliged to, nor will it control, the use made by users (including visitors, registered users and exhibitors) of the website and the services and contents offered therein. Therefore, the user must use them appropriately and agree not to use them to carry out illegal activities, with the following being completely forbidden and considered the sole responsibility of the user:
Propagating any contents that may be considered racist, xenophobic, pornographic or illegal, terrorism supporting or against human rights;
Using, sending or propagating contents, data, comments, texts or images that may violate privacy or allow one to identify or locate third parties.
Causing physical or logical damage in the systems belonging to IbizaArtShop.com, its providers or third parties, introducing or propagating computer viruses across the network or any other physical or logical system that may cause the aforementioned damages;
Gain access to other users mail accounts, personal services or passwords and alter or manipulate their messages or contents;
Reproduce, distribute, copy or give public exposure to exhibited works without the holder's consent;
Send spam or unrequested e-mails through this website;
Use in any way the contents belonging to IbizaArtShop.com, designed for the operation of this website, as well as commercial brands and logos, etc. without express written consent.

Users that do not abide by these rules will be liable for any infringement or damage arising from the inappropriate use of the website, freeing IbizaArtShop.com from any liability and assuming all the expenses that IbizaArtShop.com may incur through claims made by third parties.
Access and use of the website by registered users
3.1. Registered user
A registered user is a visitor who signs up to the website creating a user account. Certain services are only accessible to registered users, such as creating a gallery, making comments about the works, receiving alerts, joining the website's blog, accessing opening events of galleries and others. Registration requires the acceptance of these General Terms of Use and the Privacy Policy of the website.
Access and use of the website by registered users
3.2. Registration process
The visitor who wishes to sign up chooses, in the first place, the preferred profile from those available on the website, be it a member (users and artists), curator, collector, gallery/art dealer, museum/foundation, or educational project. Users who sign in through Facebook or third parties will be treated as members as long as their profile remains unidentified. Users with a member profile (users and artists) will be registered automatically after providing their e-mail and choosing a password, once the validation link sent to the provided address to guarantee identification has been clicked on. The other profiles may sign up by submitting an application form, with the information provided being checked before the registration is authorized. IbizaArtShop.com reserves the right to admit, keep or cancel the accounts of registered users.
Access and use of the website by registered users
3.3. Free Gallery entitlement
Users registered as members (users and artists) are entitled to be Free Gallery holders after signing up. Users who submit an application form as curators, collectors or educational projects will also be entitled to a Free Gallery after IbizaArtShop.com authorizes their registration. All registered users profiles entitled to a Free Gallery will also enjoy the option of the paid services specified hereafter, such as creating additional Premium Galleries. Users registered as gallery/art dealer or museum/foundation will not be entitled to a Free gallery. However, they will be able to access professional galleries with specially tailored services.
Access and use of the website by registered users
3.4. Consent for personal details and terms of use
In any of the aforementioned cases, the use of the website involves the express consent to all the rules established in these General Terms of Use, as well as the complementary Specific Terms whenever they apply. These terms must be read and accepted whenever the website is accessed, as IbizaArtShop.com may alter the terms of use of the website without prior notification. If you do not agree with such modifications you may cancel your registration at IbizaArtShop.com.

The registration process for a registered user requires certain personal details. All the legal information about the treatment of personal details submitted during the registration process may be found in the Privacy Policy section.
Access and use of the website by registered users
3.5. Deactivation of the gallery or cancellation of the user account
Either for failure to pay for non free galleries or by the user's request, or for infringement of the Terms of Use, the galleries can be deactivated, hidden to visitors and disappear from the lists and searches of the site. Nevertheless, we will keep all the information on our database in case the holder wishes to recover it. Six months after the gallery's deactivation, and with prior notice to the holder via e-mail, we will proceed to cancel the gallery completely and delete all the linked files and information.

The registered user may cancel the account at any time by sending an e-mail to the email@IbizaArtShop.com address, entering "cancellation of membership" in the subject field. He/she will receive an answer at the earliest convenience confirming the request and initiating the cancellation process of his/her user account. This process entails the cancellation of all the galleries belonging to the holder, as well as deleting all the linked files and information.
Access to the website and use by exhibitors
4.1. Exhibitor
An exhibitor is a registered user that is a gallery holder. The galleries may be Free, Premium, professional or from featured artists.
Access to the website and use by exhibitors
4.2. Free Gallery
Registered users entitled to a Free Gallery may create it after completing the registration process, either automatically —member (users and artists)— or else on demand and with prior authorization —curator, collector or educational project— free of charge.

Free Gallery services:
3D exhibition gallery with a limited number of works. For further information you can check Help/FAQs.
1 opening event. For further information about this service you can check Help/FAQs.
Guaranteed extra-visits package provided by IbizaArtShop.com. For further information about this service you can check Help/FAQs.
The opportunity for the exhibitor to sell original works, limited editions or prints after accepting the Specific Terms for the Sale of Works and the current conditions the exhibitor must accept.
The gallery may also be embedded in any website or blog using an HTML embedding code. By clicking on this embedded gallery the user will be redirected to the IbizaArtShop.com website (limited embed gallery). The holder can choose to disclose the embedding code to users or not. When embedding the gallery out of the IbizaArtShop.com site the holder makes it public and is held entirely liable for the way the code of the gallery is used by third parties, relieving IbizaArtShop.com from any complaints that stem from its usage. We advise the gallery holder to request the authorization –whenever it applies- of the webmaster of the website or blog where the code will be embedded. We also remind the users of this service that if by chance the gallery is closed, access to the gallery and its works will be disabled. For further information about the service you can check Help/FAQs.
Other available promotion tools such has banners. For further information about this service you can check Help/FAQs.
Access to personal stats (visits received by the gallery, most visited works, votes, etc.). For further information about this service you can check Help/FAQs
Adding a music soundtrack to the gallery. For further information about this service you can check Help/FAQs.
Registering artwork through our partner Safe Creative or whoever in the future replaces them. For further information about this service you can check Help/FAQs. This link provides information about the Terms of Use for registering works through safecreative.org.
Access to the website and use by exhibitors
4.3. Premium Gallery
Registered users entitled to a Free Gallery —member (users and artists), curator, collector and eductional project— can also become Premium Gallery holders, either upgrading the Free Gallery to Premium or creating one or more additional Premium Galleries, paying an annual renewable fee in both instances.

Premium galleries offer additional advantages over Free Galleries, such as increased extra-visits packages, gallery customization and, particularly, the opportunity to sell works with a reduced commission.

In order to become a Premium Gallery holder, customers must request the service and accept the Specific Terms of Paid Services.

For further information about free services included with Premium Galleries, you can check the comparison table located in Help/FAQs.
Access to the website and use by exhibitors
4.4. Professional Account
Users registered as gallery/art dealer or museum/foundation can become Professional Account holders. Potential customers can request information about the purchase terms of this kind of accounts in Help/FAQs.

The services of these galleries have been tailored for a professional use, with special advantages over Free and Premium Galleries, including numerous extra-visits packages, unlimited opening events, gallery customization, a specific exhibition environment, and commission free sale of works among others.

In order to become a Professional Account holder, the potential customer must contract the service and accept the current terms and conditions.
Access to the website and use by exhibitors
4.5. Running the gallery
The gallery holder may run it as deemed suitable, but always in accordance with the specific terms that apply to its usage. To that end, he/she will be held entirely liable for the chosen access password and its confidentiality, not disclosing it to third parties. IbizaArtShop.com must be informed about any unauthorized use of such by third parties without prior authorization.

The relationship with IbizaArtShop.com is ongoing, until the registered user chooses to end it as specified in point 3.5 or else until the site is no longer in use.
Access to the website and use by exhibitors
4.6. Premium or Professional services
Free, Premium or Professional gallery holders can purchase one or more Premium or Professional services, such as opening events and extra-visits packages, that are fully detailed in the section about Premium —Help/FAQs— or professional Services —Help/FAQs—, with prior consent to Specific Terms of Paid Services.
Access to the website and use by exhibitors
4.7. Terms for the exhibition of works in IbizaArtShop.com
Regarding the works to be exhibited, the exhibitor:
Ensures he/she is the author of the work and owns the exhibition rights required to exhibit the works with its full contents and their images in IbizaArtShop.com. If he/she is not the author of the work or its image, he/she declares to be the holder of the required legal rights over both in order to exhibit them in IbizaArtShop.com and sell them if it applies.
As the copyright holder, he/she expressly authorizes IbizaArtShop.com to store and disclose the submitted contents in IbizaArtShop.com and other websites, social networks or places where exhibitors are promoted. An exception to this are works in Private Galleries which can only be accessed by the owner's invitation.
The exhibition of the art works with their full visual and if aplicable, sound contente and their images does not infringe any copyrights, privacy rights, advertising rights, public disclosure rights, reproduction rights, the management of such or any other legally binding rights, relieving IbizaArtShop.com from the payment of any fees that arise from the public exhibition of the works in IbizaArtShop.com, and transferring to IbizaArtShop.com the required public exhibition rights during his/her stay in the website.
All the submitted information is true and current, and that the image of the original work is an accurate representation.
Knows that in the case of video format, it can be exposed as “streaming” by third party websites, in which case he assures to know and accept these conditions as well as the ones regulating the use of this third party. If the videos contain music, assures that this inclusion does not infringe the intellectual and industrial property rights, privacy rights, rights of publicity, public communication, reproduction, management of these and any other contracts, exemptimng IbizaArtShop.com from payment of any fee or charge arising from its voluntary public communication of works in IbizaArtShop.com.
IbizaArtShop.com will not be held liable for any inaccuracy relating to the statements above nor for the breach of the rules established in the present Terms of Use and, consequently, he/she is under liability to IbizaArtShop.com and third parties and liable for any ensuing damages, including any possible compensations.
Access to the website and use by exhibitors
4.8. Featured artists galleries
The featured artists are selected by the IbizaArtShop.com curatorship division based on criteria such as quality, professionalism, career, renown, following and support by the website's users. For further information on our featured artists policy please check Help/FAQs.

The featured artists gallery holders will be provided the services, uses and functions individually agreed with IbizaArtShop.com.
Access to the website and use by exhibitors
4.9. Non exclusivity
IbizaArtShop.com does not demand exclusivity. Thus, the exhibitor may exhibit, sell, transfer or carry out any other business wherever he/she considers appropriate. Any relationship with IbizaArtShop.com requiring any kind of exclusivity or limitation in the management of the works and their rights must be previously known and expressly accepted in the corresponding conditions.
Access to the website and use by exhibitors
4.10. Contents and withdrawal of works
The exhibitor will catalogue his/her works according to his/her own criteria. However, he/she allows the IbizaArtShop.com team to review them whenever a possible cataloging error is detected, duly informing the exhibitor about it.

The exhibitor is liable for the nature of his/her works and the contents of the gallery. However, IbizaArtShop.com reserves the right to deny the authorization of the works and preventing them from being exhibited, as well as closing the gallery, when it deems that the previously stated 2.3 y 4.7 points are not complied with and when:
1. Does not comply with the purposes of IbizaArtShop.com and/or the work cannot be considered art according to the IbizaArtShop.com experts.
2. Infringes the copyrights, privacy rights, advertising rights, public disclosure, reproduction or any other legally binding rights or applicable rules.
3. Contains viruses, worms, trojans or any other file likely to cause damage to the systems or computers belonging to IbizaArtShop.com or third parties.
4. Contains personal information that allows to access to third parties or includes false information provided by the user.
5. Diffuses or exhibits any slanderous, racist, discriminatory, pornographic or illegal contents, or any contents that instigate hatred or violence against the beliefs or nationality of other persons.
6. Makes any kind of advertising or promotion of products or services, as the gallery may only display art works for their public exhibition and diffusion.
7. The inappropriate image of a minor is used or else if, following the requirement by IbizaArtShop.com no, his/her age is not duly proved.
Access to the website and use by exhibitors
4.11. Parental control
IbizaArtShop.com has a special focus on educational projects, with underage users, and has a global reach. Thus, owing to reasons of age, moral convictions or legal codes in certain countries, specific contents may only be accessible with prior warning about their nature. If a gallery contains works that may not be appropriate for all audiences, IbizaArtShop.com will display a parental control system that can be activated or deactivated by the user. In order to deactivate it, the user must declare himself/herself an adult. VirtuaGallery.com will adapt the use of the site to make sure these restrictions are observed.
Access to the website and use by exhibitors
4.12. Comments
When visiting works, registered users are entitled to make comments about them. IbizaArtShop.com does not accept any liability for the contents of such comments. However, registered users that visit a work may mark comments as inappropriate if they consider them unsuitable, offensive or illegal. This mark alerts IbizaArtShop.com, who will submit it to its legal department and proceed to delete it if it does not comply with the terms stated in point 2.3. The exhibitor also has the opportunity to hide from view any comments about his/her works. However, this action will not delete the comment, which will remain available for the user that made it, the exhibitor or the competent authorities whenever there are legal complaints owing to their offensive or illegal contents.
Access to the website and use by exhibitors
4.13. Free music for galleries
The galleries may include background music to provide a more appealing exhibition experience. IbizaArtShop.com has signed a licensing agreement with Magnatune.com, the music provider, whereby our exhibitors will enjoy access to their entire music catalogue and be able to choose their preferred tracks to add background music to each gallery free of charge. Magnatune.com owns the rights over a 10,000 tracks catalogue encompassing all music styles.

IbizaArtShop.com will not be held liable for the correct operation of the Magnatune.com tracks. We should be grateful if visitors, registered users or exhibitors, would inform us about any problems so that IbizaArtShop.com can seek to resolve them. The music soundtrack will not be available in galleries embedded in external blogs or websites, and will only be audible when the gallery is visited within IbizaArtShop.com.

Any copyright infringement in the use of the music tracks must be reported directly to Magnatune.com.

IbizaArtShop.com reserves the right to cancel the background music service for galleries at any time or else select another provider.

For further information about implementing music tracks in a gallery you can check the corresponding section in the Help/FAQs.
Access to the website and use by exhibitors
4.14. The exhibitor’s personal domain
The exhibitor may create his/her own personal domain within IbizaArtShop.com using the "name.IbizaArtShop.com" format.

The exhibitor is liable for the creation of the domain, the chosen name therein, its diffusion or any use he/she makes of it, relieving IbizaArtShop.com from any ensuing liability.

IbizaArtShop.com reserves the right to ban or delete any personal domain created in the site.
Purchase of Original works, Limited Editions and Prints
5. Purchase of Original works, Limited Editions and Prints
The visitor may purchase Original works or Limited Editions produced by the exhibitor and/or IbizaArtShop.com, or high quality Prints produced by IbizaArtShop.com, whenever the works may be legitimately sold by the exhibitors. The visitor will be able to open de work’s tab, with information on how to purchase the Original, or Limited Edition or Prints, with their detailed characteristics. For all the options there is a simple purchase procedure detailed in the following specific terms: Specific Purchase Terms of Works.

For all cases, the authenticity of each work is backed by a "Certificate of Authenticity", in which the author certifies authorship and the specifications of the work in Originals and Limited Editions produced by the exhibitor, or "Quality Certificate" in the case of Prints or Limited Editions produced by VirtualGallery, that certifies the reproduction fidelity to the file provided by the exhibitor.
Copyright
6.1. Potential infringements and settlement procedure
IbizaArtShop.com has a strict copyright policy. Therefore, the aforementioned notwithstanding, IbizaArtShop.com has established a settlement procedure regarding disputes over ownership of a work or its exploitation rights (it can be found in this document Complaint Procedure), that includes a notification through a specific form (Copyright Infringement Complaint Form), the cautionary withdrawal of the work and a counter-notification (Copyright Infringement Complaint Answer Form). Once the established procedure has been completed, as explained in the same document, IbizaArtShop.com relinquishes all mediation and is exempt from any liability over copyright infringements, which must be settled between the parties concerned.

In addition to this, IbizaArtShop.com may close a gallery due to technical issues and/or the operability of the website. In any case, IbizaArtShop.com reserves the right to determine the permanence of galleries or artists that do not comply with the purposes and aims of IbizaArtShop.com, particularly regarding copyright
Copyright
6.2. Licenses
During the creation process of a gallery, the exhibitor must specify the type of license for the work, either the default all rights reserved or any Creative Commons licenses. Likewise, we offer the option to register the work through third parties such as Safe Creative, which besides providing the most appropriate license for your work can also offer additional services such as granting authorship proof.
Contents and access passwords ownership
7.1. Contents ownership
Except for the contents exhibited by the registered users, all services and contents created by IbizaArtShop.com to operate the website are owned by IbizArt Agency., including its trademark, logo, etc., and cannot be used in any way without prior and written consent from IbizArt Agency.. All visitors and registered users that are aware of any action that is potentially disruptive for the adequate operation of the web, or may alter its contents, must inform IbizaArtShop.com without delay.
Contents and access passwords ownership
7.2. Access passwords
The registered user has a personally chosen access password and will be held entirely liable for it, without disclosing it to third parties. He/she must inform IbizaArtShop.com about any unauthorized use.
Links and Cookies
8.1. Technical linking devices
IbizaArtShop.com provides visitors and registered users with technical linking devices —links, banners, buttons—, directories and search tools that allow access to third party websites. The sole purpose of such links is to offer users access to other information and contents available on the Internet. IbizaArtShop.com does not edit, control, approve, nor check these contents in advance, neither does it appropriate them. Therefore, it does not accept any liability for any kind damage that arises from their quality, reliability, accuracy, truthfulness, operation, availability, accessibility, continuity, legality, usefulness or any other issue regarding the information and services of such contents.
Links and Cookies
8.2. Links to IbizaArtShop.com
Any third party that wishes to create a hyperlink to this website requires prior authorization from IbizaArtShop.com. This, however, does not involve any kind of relationship between IbizaArtShop.com and the owner of the website that hosts the link.
Links and Cookies
8.3. Cookies
This website uses cookies and IP monitoring, with the sole purpose of storing the required information to guarantee the proper operation of the website as specified in the Privacy Policy of the site.

Nevertheless, the user may choose to disable and/or delete these cookies following the instructions of his/her Internet browser. This will cause the website to malfunction, relieving IbizaArtShop.com from any liability for this outcome.
Liability and guarantee exclusions.
9.1. Guarantee exclusions
In addition to the aforementioned statement, IbizaArtShop.com does not guarantee:
The availability and ongoing operation of the website and its services and associated functionalities.
The privacy and security in the use of the website and its services.
That non authorized third parties may obtain information about the type, terms, specifications and conditions of use that the users make of the website and its services.
The absence of viruses or other elements in the website that may prove disruptive for the user's computer system, declining any liability for any damages whatsoever that may arise from them.
The legitimacy, reliability and the usefulness of the contents.

IbizaArtShop.com does not accept liability arising from such circumstances.
Liability and guarantee exclusions.
9.2. Liability exclusions
IbizaArtShop.com, besides not accepting liability resulting from non-compliance with any and all of these conditions, is not responsible and is exempted from any adverse consequences of any comment, opinion, image or critique that visitors and registered users may make about any work exhibited and its author.
Liability and guarantee exclusions.
9.3. Complaint for non-fulfillment
IbizaArtShop.com reserves the right to complain, in the way it deems appropriate, for the non-fulfillment of these general terms and any of the agreements established in the Specific Terms.
Contact and complaints
10. Contact and complaints
Contact IbizaArtShop.com for any reason: email@IbizaArtShop.com In order to place a complaint the Complaint Procedure must be checked. The following complaint forms are available:
Copyright Infringement Complaint Form.
Copyright Infringement Complaint Answer Form .
Complaint Form.
.
Contract, Law and Jurisdiction
11. Contract, Law and Jurisdiction
The present Terms of Use are deemed a legally binding contract for the parties and are subject to the Spanish legal code. Any changes in the present Terms of Use owing to business or legal reasons will be published on our website. The current Terms of Use are applicable when entering IbizaArtShop.com.

Any litigation concerning the validity, interpretation and/or application of these terms will be subject to the Juzgados y Tribunales de Madrid (Court of Justice of Ibiza)