LEGAL NOTICE

This Web Page has been created by the Visual Management Entity of Plastic Artists (referred to from now on as VEGAP) in order to make a personal use of it, as well as give other users the chance to benefit from the different services offered.

The use and access to the contents included in the web page involves the knowledge and acceptance of the present General Conditions, which aim at making users aware of the rights, uses, prohibitions, responsibilities, etc., that rule when browsing through the VEGAP website.

Ownership

The www.vegap.es domain is the owner of the VEGAP management entity of visual creators’ author’s rights, located in C/ Gran Vía, 16, 5º 28013 Madrid, with Fiscal ID no. G-79467353.

Contact

VEGAP would like to specify the different ways to contact its entity so that users can report any suggestions or comments they may have.

Telephone number: +34 91 532 66 32

Fax number: +34 91 531 53 98

Postal address: C/ Gran Vía, 16, 5º, 28013 Madrid.

E-mail: infomad@vegap.es

General conditions to use this page

The expression “web page” includes, in a delimited but not limited manner, texts, graphs, images, videos, sounds, pictures, photographs, etc. Included in this definition, and in general, we shall find all the creations expressed through any means or supports that are known until today or are yet to be invented, regardless of their susceptibility regarding protection on behalf of the Intellectual Property Law, in accordance with the Revised Text of the Intellectual Property Law or any future rule that may replace it.

Access to this page means that the Internet user (referred to from now on as the user) will acquire several rights and duties, in order to guarantee that a suitable use is made of the services and contents herein offered, which are provided to the user free of charge.

Any physical or legal person accessing the page and using the services and contents herein included becomes therefore a user.

The user is aware of the fact that the access and use of the services and contents on this page are carried out under his/her sole responsibility.

VEGAP would like to inform the users about the following General Conditions, which must be fully accepted to access the page, view the contents or use the services. This will also apply in further versions to be added, and the user must access the conditions every time the page is used, or at least periodically.

VEGAP may establish Specific Conditions regarding the use of certain contents and services, which will be made known to and accepted by the user before using these services. These particular conditions may become a complete or partial replacement, and may complete and/or modify the provisions of these General Conditions. The user must accept these General Conditions when accessing and using the contents or services regulated by them. Should there be two contradictory norms contained in the General and Specific Conditions, the Specific ones will prevail, regarding those services and/or contents subjected to that specific regulation. The user will fully accept these particular conditions when accessing and using the contents or services regulated by these Specific Conditions.

Should the users decide not to accept the present General Conditions, the Specific Conditions resulting from their application or the new future conditions replacing them, they must refrain from using this web page.

Aim of this page

Through the access to this web page the user will discover a variety of contents offered by VEGAP.

In general, the services and contents offered through this page will be made available in Spanish, without prejudice to the possibility of accessing them in the remaining state official languages, as well as another EU language.

VEGAP is entitled to maintain, exclude or modify the contents and services provided through this page without giving prior notice to the users.

Access to this web page is free and requires no previous authorisation, subscription or registration. However, VEGAP may ask the users for the payment of an economic consideration for the access and use of certain contents and/or services that would be regulated by the corresponding Specific Conditions, and which will be made known to the user with at least 15 days’ notice.

The user will be in charge of covering the cost of the connection required to access the web page.

VEGAP may modify in a unilateral manner - and with no prior notice - the provision, configuration and contents of the page, as well as its conditions for use and access of the services provided.

User rights and obligations

Just to access the page, the user - the physical or legal person and receiver of the services and contents - will acquire the following rights, duties and prohibitions.

The user will be entitled and liable to the following:

- Free access - with no previous authority - to the contents and services available on the page.

- Make a right and legal use of the page, in accordance with the current legislation, morality, good practice norms and public order.

- Make the person in charge of the page aware of any actions or contents that do not comply with the law and fundamental and public rights of third parties, or which could affect the page and its users, through a notice sent to infomad@vegap.es.

- Not access or use the services or contents of the page with illegal aims, for uses that could damage the rights and freedom of third parties, or uses that could affect, damage or become an obstacle to their access, thus affecting VEGAP or third parties.

- Establish the technical security measures to avoid undesired actions in the information system, in awareness of the fact that Internet is not a totally safe system.

- The user of the page will respond personally to the damages or effects caused to VEGAP, whichever their nature is, whether directly or indirectly, due to the lack of compliance with any of the obligations derived from these General Conditions or other regulations ruling the use of the page. In addition, he/she will respond directly, indirectly or subsidiarily for the emerging damage or profit-making derived from breaking the Intellectual Property authors’ rights.

Under no circumstances the user will be entitled to:

- Carry out any actions to copy, distribute, reproduce, communicate publicly, transform or any similar actions resulting in the modification or alteration of the page contents, without prior written notice from VEGAP.

- Include hyperlinks to the page that are not exclusively limited to accessing the home page, reproduce totally or partially the web page or its hyperlinks, create browsers or border environments on the page and pages accessible through it, make any statements or carry out any actions that could mislead the people accessing the page through the hyperlink.

- Use the services and contents offered on this page without compliance with the conditions for use or affecting third parties.

VEGAP rights and duties

VEGAP withholds the rights to:

- Modify the conditions to access the page, whether technical or not, in a unilateral way and without prior notice to users.

- Establish Specific Conditions to access certain services and/or contents.

- Limit, exclude or condition user access when there is no full guarantee that the page will be used correctly, in accordance with the obligations and prohibitions accepted.

- End the provision of a service or contents.

- Modify, eliminate or update all or part of the contents or services offered through the page, without prior notice.

- Take any legal action that may be convenient to protect VEGAP’s rights, as long as it is relevant.

- Demand compensation for the inappropriate or illegal use of any or part of the services and contents provided through the web page.

Exemption and limitation of responsibilities

VEGAP is exempt in the following cases from any kind of responsibility for any kind of damage caused:

- Due to impossibilities or difficulties encountered in the communication network through which the page is accessed, regardless of the type of connection used to access the page.

- Due to the interruption, suspension or cancellation of the access to the web page, as well as to the availability and continuity of the page and its services and/or contents, when due to a cause outside VEGAP’s responsibility and control, whether it is directly or indirectly related. In addition, the complaints made due to the impossibility or deficient use of the page under the terms established are also included.

- Due to the page access quality and speed and the technical conditions to be met by the user in order to access the page and its services.

- VEGAP will not be held responsible for the delays and/or failure encountered in the access and/or use of the services and/or contents in this web page due to an Act of God. This refers to all causes that are not expected and - even so - are impossible to avoid, and which result in the lack of compliance with the obligations.

Intellectual and industrial property

The user is aware of the fact that the contents and services offered on this page are protected by Copyright, author’s rights and Intellectual and industrial property rights, which may correspond to VEGAP and those visual creators that are candidates to becoming authors of the services and/or contents of the page, in accordance with the Spanish legislation and the applicable Treaties and Agreements.

The provision of the services and the publication of the contents through the page will not imply under any circumstances the total or partial concession, refusal or transmission of the corresponding Intellectual and industrial property rights.

The use, in any form, of the whole or part of the contents of the page is subjected to the need to request previous authorisation from VEGAP or its author and the acceptance of the corresponding licence, if appropriate.

The lack of compliance with the Intellectual and industrial property rights on behalf of the user is subjected to the request of the corresponding legal and industrial responsibility for the use made outside the uses allowed. This represents a lack of compliance with the rights, whether there is a resulting benefit or not, and the corresponding damage and profit resulting from the offence committed will be requested.

Personal data protection

In order to provide easier access to the different services or information contained in several parts of the web page, some personal data about the user will be collected through several forms. These data will be added onto a personal database owned by VEGAP and duly registered before the Data Protection Agency.

Those users providing their data to VEGAP give permission for them to be added onto the database and for their treatment on behalf of VEGAP for their use in activities contained in its Statutes. They equally give permission for the data to be transferred to the Art and Rights Foundation, in order to comply with the corresponding objectives.

In any case, the treatment of the personal data provided by the user will be made in strict compliance with the current regulations, and especially with Organic Law 15/1999 on Personal Data Protection. In particular, VEGAP engages to maintain the confidentiality and safety of the personal data provided by the user, under the terms of the current legislation. However, VEGAP is not to be held responsible for the access, modification, treatment, loss or illegal use of these data made by a third party.

The user may use the rights of access, correction, cancellation and opposition mentioned in sections 15, 16, 17 and 18 of Organic Law 15/1999 on Personal Data Protection at the VEGAP office located in C/ Gran Vía, 16, 5º, 28013 Madrid, where the previously mentioned consents may also be cancelled, without a retroactive effect.

Users will be made responsible for the correctness and updating of the data included in the forms completed. VEGAP is not to be held responsible for the damage caused for the lack of correctness or precision of the personal data provided by the user.

Duration

The access, contents and services offered through this web page initially have an unlimited duration. VEGAP, nevertheless, is authorised to cancel or suspend the access, service and/or contents at any time, without prejudice to what may have been stated at this regard in the General Conditions or, if appropriate, the Specific Conditions.

Conflict resolution

All general and specific conditions included in the present web page are regulated by the Spanish legislation.

All conflicts, controversy or situations resulting from the General and Specific Conditions will be studied at the Courts of the capital city of Madrid (Spain). The parties shall waive the rights to use any other forum.

© 2006. VEGAP. All rights reserved.