TERMS AND CONDITIONS
Welcome to Patricia Otero!
These Terms and Conditions are a legally binding agreement between you (hereinafter referred to as the Customer) and Patricia Otero, an artist registered with business number ES48014521C under the laws of Spain (hereinafter referred to as Patricia Otero, we, our or us). The following terms and conditions apply to the website, products and services offered by Patricia Otero. This includes the mobile and tablet versions as well as any other version of Patricia Otero accessible via desktop, mobile, tablet, social media or other devices.
The use of the website and the purchase of the products (hereinafter referred to as “Products”) from such website, means that you agree to these terms and conditions as set out below (hereinafter referred to as “Terms”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR PRODUCTS.
These are the terms and conditions for:
(Hereinafter referred to as “Patricia Otero”).
- Artwork means an artwork produced by Patricia Otero, which shall refer to both Original Artworks and Print Artworks under these Terms and Conditions.
- Agreement means the agreement that the Customer enters into when accepting the applicability of these Terms and Conditions to a purchase or another use of Services.
- Customer is the party that executes the Order for Artworks as supplied by Patricia Otero, or that otherwise uses any of the Services offered by Patricia Otero.
- Intellectual Property Rights means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and (registered) trademarks, and any other intellectual property rights.
- Order means the Customer’s order for the Artworks from Patricia Otero after following the step-by-step process as set out on the Website.
- Original means an original, one-of-a-kind Artwork produced by Patricia Otero, of which Print Artworks may be made.
- Print means a print of the Original Artwork created by Patricia Otero and sold through the Website to the Customer.
- Services means the services as offered by Patricia Otero which relate to are in support of the sale of Artworks or the provision of online courses.
- Website means our website on www.patriciaotero.com, where the Artworks and Services are advertised.
- You may use the website and purchase the products only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
- Website access and products are available for all ages. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their children or minors in custody.
- By using the website and purchase the products, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
- You represent and warrant that your use of the platform does not violate any applicable law or regulation. Patricia Otero may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
- If you register on Patricia Otero, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Patricia Otero of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorisation from Patricia Otero. Patricia Otero will not be liable for any loss or damage arising from your failure to comply with this agreement.
- By providing Patricia Otero with your email address and phone number you consent to our use of your email address to send you notices about the service and products, including those required by law. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news, and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.
- Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Patricia Otero.
- Patricia Otero reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Patricia Otero believes that you have breached any of these terms, furnished Patricia Otero with false or misleading information, or interfered with use of the platform or the service by others.
4. SHOPPING ON THE WEBSITE
- By placing an order, you offer to purchase the products at the price advertised and indicated on the website at the time of purchase or reservation. Please check correctly the sizes of the images and the number of subjects in the portraits. Patricia Otero will create and execute the portraits according to the buyer’s specifications and will ship and deliver the product(s) to the buyer’s address.
- When a customer makes a reservation on the waiting list, Patricia Otero will send that customer an email whose purpose is to confirm the reservation and the payment for the reservation. This confirmation email will be produced automatically so that the user will have confirmation of their reservation and payment details.
- Once the portrait model has been presented to the user by Patricia Otero, the user must make the remaining payment for the corresponding portrait according to the buyer’s specifications. Once the payment is completed, Patricia Otero will send an email confirming the payment with the corresponding invoice.
- Patricia Otero reserves the right to limit the number of units reserved and purchased by each user. Patricia Otero also reserves the right to limit sales of our products by region or jurisdiction.
- Patricia Otero may cancel any order or reservation and not supply the products if it is reasonable to do so and may change or discontinue the availability of the products at any time at its sole discretion. If an order or booking is cancelled, any payment made will be refunded in full. This does not affect your statutory rights.
- All new bookings and orders are considered separately and each is treated individually.
- By placing an order, the customer agrees to purchase the course for the price advertised and indicated on the website at the time of purchase.
- When a customer makes a purchase of a course, Patricia Otero will send an email to the customer in order to confirm the purchase and payment of the course. This confirmation email will be produced automatically so that the user has confirmation of their purchase. Once the purchase process is completed, the user will receive access to the course through the platform where the course is hosted.
- Patricia Otero does not make any guarantee that the Customer’s participation in these Courses will lead to any particular result or qualification.
- All Intellectual Property Rights in the Courses are, and remain, the intellectual property of Patricia Otero. Customer is not authorised to copy, modify, reproduce, re-publish, or distribute any of the Course materials with Patricia Otero’s prior permission.
- Patricia Otero may discontinue the availability of the courses at any time at its sole discretion. If an order is cancelled, any payment made will be refunded. This does not affect your statutory rights. All new orders are considered separately and each is treated individually.
- The digital products offered on this website (courses) are for personal use only, no commercial license is included. The right to exploit the product and commercial license can only be granted with the written permission of Patricia Otero.
6. The offered Artworks
- The offered Artworks will contain a complete and accurate description. The description is sufficiently detailed to enable a proper assessment of the Artworks by the Customer. Where Patricia Otero uses images, these are a true representation of the Artworks. However, to the extent permitted by applicable law, Patricia Otero does not warrant or represent that the Artworks’ descriptions, colours, information, or any other content available on the Website are accurate, complete, reliable, current, or error free. Please take the time to read descriptions carefully and check the colours on multiple screens if you are concerned about colour variations.
- Patricia Otero reserves the right to refuse the Services or the sale of the Artworks to anyone for any reason and at any time.
- Obvious mistakes or errors in the description or depiction of Artworks do not bind Patricia Otero.
- Patricia Otero reserves the right to determine the price of the products. In the case of portraits, the price may vary according to the size of the portrait and the number of subjects that will be drawn in the portrait. Please consult prices before making a reservation and subsequent purchase of the portrait. Product prices and shipping costs are subject to change at any time according to the value of exchange rates.
- Any amounts displayed on the Website, for both Courses and Artworks, or made known to the Customer in any other way shall be in Euro’s (€), including applicable taxes and excluding shipping costs, unless explicitly stated otherwise. Typing errors and price changes are reserved.
- Patricia Otero has the right to seize its Services until the Customer fulfils all payments due. The Services shall be reinstated once payment has been made in full.
- Patricia Otero will make reasonable efforts to keep the price information published on the website up to date. We encourage you to check our website periodically for current pricing information.
- Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product order.
- Products will be paid through PayPal, BIZUM and the payment platform of ABANCA bank (payment methods available on Patricia Otero). In the case of portraits, the client must pay the total price of the portrait (reservation on the list and full payment), according to the client’s specifications, before the product is shipped and delivered to the client. In the case of digital products (courses), the user will have full access to the course, once the payment process is completed. The payment will be charged to your credit/debit card or PayPal account immediately after you make the respective payment (includes the reservation in the list) for the product you have purchased. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide. In some cases, payments can be made by bank transfer and in instalments. Wire transfer and instalment payments are subject to verification and authorisation by Patricia Otero.
- If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
- If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
- If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
- Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. Patricia Otero reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
9. LICENSE OF USE
- Upon completion of the payment process through the website and once the user receives the portraits (physical products) or accesses the digital products (courses), Patricia Otero grants the buyer a standard license for limited use, for exclusively personal use, not including the commercial license of the images and digital content (courses). The right to exploit the images and works, the authorised use of the images in different representations or graphic works and the commercial license can only be granted with the written authorisation of Patricia Otero, which can be granted or denied at Patricia Otero’s discretion.
- The customer may not resell or sublicense the product(s) to third parties without the prior written permission of Patricia Otero. The buyer also may not edit, modify or use the files to create artwork or create derivative works or products, may not distribute, give away or include the images as part of a final product or work.
- Unauthorized use of the images and videos or use of the images and videos without the respective commercial licenses may cause a violation of copyright and give rise to a claim, as provided by Spanish and international copyright laws.
- Even when the Customer purchases an Artwork or an Online Course, the ownership of any and all intellectual property rights in the Artwork or Online Course remain vested in Patricia Otero. The Customer does not acquire any rights to multiply, reproduce, or modify the Artwork or Online Course without having written permission to do so.
- The Customer may not commercially exploit the Artwork, other than by re-selling the Artwork. The Customer solely acquires the right to display the Artwork in their home.
- The Customer’s purchase of an Original or a Print Artwork does not, in any way, limit Patricia Otero to sell this exact Artwork as a Print Artwork to any other customer.
- Any depiction and/or image of the Artwork in the Customer’s home or interior in any publication, including, but not limited to, social media, magazines, or books, must come with attribution of Patricia Otero and the title of the Artwork.
10. PRODUCT DESCRIPTIONS
Patricia Otero attempts to be as accurate as possible. However, Patricia Otero does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user’s device screen.
11. USER CONTENT (REVIEWS)
Certain features of the website may allow users to upload content and post that user content on the website. You retain any copyrights you may have in the content you post on the website. However, we need your permission to post the content. Patricia Otero is not responsible for the accuracy, safety or legality of the content posted on the website. You are solely and exclusively responsible for your content and the consequences of its publication.
By providing user content to the website, you grant Patricia Otero a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce, modify, display and publish your content on the website.
12. REPRESENTATIONS AND WARRANTIES FOR USER CONTENT
Patricia Otero disclaims all liability in connection with User Content. You are solely responsible for your User Content. By providing User Content through the Website, you affirm, represent and warrant that:
- You are the creator and owner of the User Content, or have the necessary licenses, rights, consents and permissions to authorize Patricia Otero to display your User Content on the Website.
- b) Your User Content does not infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right.
- Your User Content does not libel, defame or invade the right of privacy, publicity or other proprietary rights of any other person.
- Your User Content causes Patricia Otero to violate any law or regulation.
- Your User Content must not contain information or content about politics or religion.
- Your User Content may not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
- Your User Content does not and will not contain hateful content, threat of physical harm or harassment.
13. DISCLAIMER OF USER CONTENT
Patricia Otero may, at any time and without notice, filter, remove, edit or block any user content that, in our sole judgment, violates these Terms or is otherwise objectionable. You understand that by using the website, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate. You agree to waive any legal or equitable rights or remedies you have or may have against Patricia Otero with respect to user content. If a user or content owner notifies us that user content allegedly does not conform to these Terms, we may investigate the allegation and determine, in our sole discretion, whether to remove the user content, which we reserve the right to do at any time and without notice.
14. GENERAL COPYRIGHT
All materials on Patricia Otero, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Patricia Otero or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Patricia Otero are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Patricia Otero prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Patricia Otero or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
15. COPYRIGHT COMPLAINTS (DMCA)
Patricia Otero will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Patricia Otero respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the Patricia Otero platform infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Patricia Otero may find it on the “Patricia Otero” website. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
16. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Patricia Otero by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any part of our website for any purpose without our express written permission;
- “Frame”, “mirror” or otherwise incorporate any part of the Services into any other website or service without our prior written permission;
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by 1080 London in connection with the website and the services
- Evade, disable or otherwise interfere with security-related features of the Services or features which prevent or restrict the use or copying of any content.
17. THIRD PARTIES
Through your use of the Patricia Otero website and services you may encounter links to third party websites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Patricia Otero provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Patricia Otero are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify Patricia Otero and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your purchase of the products.
19. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Patricia Otero for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
20. CHANGES AND TERMINATION
We may change the website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
21. PERSONAL DATA
22. INTEGRATION CLAUSE
You agree that any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these Terms or the use of the website and purchase of the products shall be resolved by binding arbitration between you and Patricia Otero, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products offered through the website or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate formal dispute proceedings by sending us a communication through our contact information. Patricia Otero may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products.
24. FINAL PROVISIONS
These conditions are governed by the laws of Spain. Use of our website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our compliance with these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website, your purchase of products on our website, or information provided to or collected by us in connection with your use of the website and purchase of products.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
25. CONTACT INFORMATION
If you have questions or concerns about these Terms or the products, please contact us through our contact page or via the contact information below:
27533 LUGO ESPAÑA