Terms and Conditions

Use and access of the Website www.nucleoaif.com (hereinafter the “Website”) of NUCLEO A.I.F S.R.L, CUIT 30-71584271-4, domiciled at Teodoro García 1939, 4th Floor Apartment C, in the City of Buenos Aires, Argentina (hereinafter “NucleoAIF”) and and/or the services are governed by these Terms and Conditions of Use of the Website (hereinafter “Terms and Conditions”), the Privacy Policy (hereinafter the “Policy”) and the Specific Conditions (as they are defined later in this introduction).
 

You will only be able to complete the registration and be accepted as a User of the Website (hereinafter “User”) once you have accepted and consented to the Terms and Conditions and the Policy clicking on the corresponding registration form. 
 

NucleoAIF requests careful reading of the Terms and Conditions, the Policy and the application conditions of the Specific Conditions. In addition, NucleoAIF recommends that you print or keep with adequate support the Terms and Conditions, Specific Conditions and the Policy.
 

The Terms and Conditions will govern all the aspects which are not considered in the Specific Conditions. Should there be an inconsistency or contradiction between the Specific Conditions and the Terms and Conditions, the Specific Conditions will prevail. NucleoAIF reserves the right to alter the Terms and Conditions and the Policy at its sole and exclusive discretion at any time and with no need for prior notice and/or communication to the User without this giving rise to any form of compensation in favor of the User. The former changes will become effective as from the date set by NucleoAIF and, if the date is not set, as from the moment they are published on the Website. Therefore, NucleoAIF requests that you revise the Terms and Conditions and the Policy once you access and/or visit the Website. 
 

If you do not fully accept with no reservations or changes these Terms and Conditions and/or Policy, you will not be able to proceed with the registration to be accepted as a User, and you will not be able to supply any personal information to be registered as a User. 
 

The User must be 18 years of age, an emancipated minor and fully capable of being bound to these Terms and Conditions. If you do not have the legal capacity to hire NucleoAIF, please refrain from continuing with the registration process to be accepted as a User. Parents, guardians or legal representatives will be responsible for all the actions of the minors and/or dependents.
 

The contents of the Website are works of art and therefore, some of them could cause discomfort or some form of susceptibility. In this regard, NucleoAIF reminds you that there is useful software to filter and block content. The responsibility for the efficiency and/or results of the application and/or use of this software is exclusive to suppliers, manufacturers and/or developers. 

 

1. Operation of the Website

 

1.1 The Website is aimed at the exhibition and circulation of original works of art previously chosen by NucleoAIF (hereinafter “Works”) offered by their respective authors and/or intellectual property holders (hereinafter the “Artists”) sharing of biographical and professional details of the Artists (hereinafter the “Profile”) and the purchase of works of art on behalf and to the order of the Users which request it. 

1.2 The works are sold in the formats available, including but not only restricted to the following: i) Digital work, ii) Physical work (picture, art object, costume, photography, etc.) iii) Works in other formats. 

1.3 The Website includes the description of the Works; it will inform their price and methods of payment and the publication of the Profiles of the Artists whose Works are on the Website (hereinafter Contents).

1.4 The Website will enable you to: i) coordinate delivery of physical Works on the days and times requested by the User; ii) access the digital files of the digital Works; iii) pay for the Works acquired by the User; iv) receive guidance and reply to the queries of Users and/or Visitors to the Website. 

 

1.5 The Website operates as it is, with all its flaws and according to availability; therefore, NucleoAIF does not offer any kind of warranty and Users will access the Website at their own risk.

 

1.6 NucleoAIF has the faculty and the right to select, reject, remove, modify, stop, postpone, cancel and/or modify access or availability to the Website or to its eventual interactive functions, applications, utilities and services (hereinafter “Services”) and/or Contents that NucleoAIF offers the  User through the Website and/or any other means and/or conditions in which they are shared, accessed, presented and/or found on the Website for technical, legal or legal reasons in the application of the Terms and Conditions, the Specific Terms and Conditions and/or the Policy or the opportunity and sharing policy with no need for prior notice and with no need to compensate the User in any way.

 

2. Operations through the Website

 

2.1 NucleoAIF will publish each Work separately, identifying the Artist who created it, its price, the sales terms, delivery and availability of the Work, duration of the offer and any other information which NucleoAIF should consider relevant for the User (hereinafter the “Publication”).

 

2.2 The User accepts liability to pay for the purchase of the Work under the Terms and Conditions set for the respective Publication. If payment is not effective within the deadlines and terms and conditions set for the Publication, NucleoAIF can unilaterally declare termination of the purchase-sale of the Work. In this case, NucleoAIF will notify the User of this decision through an electronic mail (hereinafter “Email”) which will be sent to the address provided by the user in the registration process, cancelling delivery of the Work and offering it again through the Website.

 

2.3 Payment will be effective through the methods of payment detailed in the Website.

 

2.4 Once payment has been validated, NucleoAIF will send an Email to the User confirming the purchase transaction and informing delivery details of the Work. Also, NucleoAIF will send the voucher which proves the transaction.

 

 

2.5 When a digital Work is purchased, the digital files of the work can be downloaded through a link in the Email sent to the User or it can be downloaded any time through the User´s account. 

 

2.6 When a physical Work is purchased, the User will provide an address for its delivery and the full name and document number of those authorized to receive it. 

 

2.7 For physical works, NucleoAIF will send the Work and its corresponding certificate of authenticity duly signed by the Artist to the address provided by the User during the purchase process; shipping costs will be borne by the User. 

 

2.8 The maximum delivery time for physical Works will be 14 (fourteen) running business days as from the date the Email was sent. NucleoAIF will provide the User with details of the transport or mail service delivering the Work. The delivery date of the Work will depend on availability of the transport and/or delivery service. 

 

2.9 If the Work is unavailable in i) the conditions described in the Publication and/or ii) in due time and form, NucleoAIF will inform the User of the circumstances and reimburse the amount disclaiming any right for compensation on behalf of the User. Reimbursement of the amount will be effective within 15 (fifteen) business days as from the cancellation of the sales transaction. 

 

2.10 If the Work cannot be delivered due to the User´s responsibility, it will remain under care of NucleoAIF. Storage costs and the new delivery attempt will be borne by the User. The User will be solely responsible for coordinating the new delivery date, time and/or place with the respective company. 

 

2.11 The User must verify the state of the work upon receiving it. If the User accepts the Work, this implies acceptance and full conformity of the state of the Work.

 

2.12 The User understands that the delivery time for physical Works can vary according to the delivery location requested by the User, the date when payment becomes effective and the availability of the means of delivery.

 

2.13 The User declares and accepts that the purchase sale of Works through the Website is a purchase sale through samples (Art. 1153 of the Civil and Commercial Code) and that Publication is an adequate sample representing the Work. Therefore, the User will not be able to reject delivery of the work on the grounds that it does not coincide with the sample. 

 

2.14 Users will have 10 (ten) days as from the purchase date to fulfil their right to revoke the purchase; this will be feasible once a year. The User will notify fulfilment of this right to NucleoAIF through an Email sent within that period of time. Fulfilment of the revocation right will not imply any cost for the User except for costs caused by damage and deterioration of the Work after it has been delivered to the User. If the purchase is revoked by the User, the work will be returned to NucleoAIF and NucleoAIF will be free to offer it again through the Website. Should the User decide to return a physical Work in the terms set in this Clause, the delivery, transportation and insurance costs will be paid by the User and deducted from the amount restored by NucleoAIF to the User. 

 

3. Use of the Website and Contents by the User 

3.1 It is expressly banned for the User to reproduce, download, copy, distribute, transfer, transmit, publicly share, modify, decompile, store, exploit and/or use either totally or partially any digital, electronic, mechanic or any other type known or to be known of the Services and/or Contents, unless there is express authorization from NucleoAIF and/or Specific Conditions authorizing it. 

3.2 The User will access the Website with a User ID and a password which will be issued during the registration process and which will identify the User when operating the Website, validating operations. The password is confidential and cannot be shared with Third Parties. It is the User´s responsibility to update NucleoAIF on any news about unauthorized uses of the username and/or password. 

3. The User agrees to use the Website, the Contents and/or the Services according to the terms and conditions set in the Terms and Conditions, the Specific Conditions, the Policy and the national, provincial and municipal applicable norms. 

3.4 The User will not undertake or promote any of the following actions and/or behaviors through the Website; i) illegal activities; ii) broadcasting, distribution or dissemination of contents, messages, information and/or illegal publicity such as those containing racist, xenophobic or with discriminatory connotations having to do with race, religion, sexual preferences or orientations or political opinions, expressing approval of criminal acts, terrorism, attempting against human rights, pornographic, obscene, affecting the rights and/or identity of minors or defamatory, slandering, insulting, harassing, threatening or infringing in any other way on the rights of Third Parties or morality and propriety; iii) alter, modify, interfere or interrupt and/or damage the Website, the Contents, the Service, the hardware, the software and/or the telecommunication systems and/or distribution of data, whether they belong to NucleoAIF, to its Users and/or suppliers in any form and/or by any means and, in general, incur in any behavior which might affect or damage the interest of NucleoAIF and/or the Users in any way; iv) introduce or spread computer viruses, trojans, bugs, spyware, malware and/or any type of file, program or data which might provoke any kind of damage and/or in any asset of property of the Website and/or its Contents; v) use or launch any automatized system, including, without limits, robots, “spiders”, “offline readers” or any other system to access the Website, the Contents and/or the Services in such a way that this may cause traffic with the NucleoAIF servers exceeding what a user would normally produce under normal conditions when involved in standard use and surfing of the Website; vi) collect or obtain through the Website identifiable personal details of other Users for business, unless eventually specifically authorized by NucleoAIF; vii) access the Website, the Contents and/or the Service using different technology and/or media to those used or authorized by NucleoAIF. 

3.5 NucleoAIF authorizes those in charge of search engines to use spiders, robots or similar resources with the sole purpose of indexing the Website and/or Contents to enable users of those engines to surf them. NucleoAIF reserves the right to revoke this authorization at any time and with the scope they may deem necessary.

3.6 The User will be responsible for becoming acquainted with the technology used to access the Website. 

3.7 The User agrees to NucleoAIF downloading or installing computer programs from the Website and/or the Services in order to improve, optimize and/or develop the use and/or access to the Website, the Services and/or the Contents. 

3.8 The User acknowledges being familiar with the exclusivity conferred by the artists to NucleoAIF for the works published in the Website and, consequently, the Artists agree to refrain from commercializing themselves or through Third Parties the Works offered through the Website. Therefore, the User agrees not to contact the Artists and not to reply to contacts promoted by the Artists related to the Works offered through the Website. 

3.9 The User agrees to participating in promotions, competitions, contests and watchwords (hereinafter “Promotions”) organized by the NucleoAIF Website and/or third party advertisers. The User understands and accepts that such participation will be subject to the Terms and Conditions and the Specific Conditions which will eventually be set for each Promotion (hereinafter “Specific Terms and Conditions”) and therefore, the Terms and Conditions and the Specific Conditions must be consulted and accepted before deciding to participate in a Promotion. 

4. Links of the Website from and to third party Websites

4.1 The Website can contain links from or to other Websites belonging or controlled by Third Parties and which are alien to NucleoAIF (hereinafter “Third Party Websites”). Existence of these links in the Website does not imply that NucleoAIF suggests and/or recommends the use or access to those Third Party Websites or that there is any kind of association between NucleoAIF and Third Party Websites. The User accepts and understands that NucleoAIF has no control whatsoever over Third Party Websites or their contents, services, terms and conditions for use, privacy policies and/or practices of the Third Party Websites as specified in clause 5.3. 

4.2 In line with that expressed in preceding clause 4.1, NucleoAIF dos not guarantee, recommend, advocate or take on any responsibility for products and/or services promoted or offered in or through the Website of Third Parties. 

4.3 NucleoAIF recommends careful reading of the Terms and Conditions for the use and privacy policies of Third Party Websites. 

4.4 In line with what has been set in the present Clause, the User accepts that access and use of Third Party Websites are under the User´s sole responsibility and, therefore, the User undertakes all the risks associated with the use of any content and/or service provided by the Third Party Websites. Therefore, the User expressly releases NucleoAIF from any responsibility for the damages or consequences resulting from the use the User makes of Third Party Websites as of the products and services hired in those Websites. 

4.5 NucleoAIF forbids the presentation of any section of the Website in a window of a Third Party´s Website and the insertion of Contents through Third Party´s Websites unless they have been previously and expressly authorized by NucleoAIF in writing. 

4.6 NucleoAIF authorizes the setting of links or hyperlinks from Third Party Websites to the Website or to any other part of the Website, insofar as the corresponding pages of the Website appear in a complete window and under the respective IP addresses and with NucleoAIF´s previous written consent. The holder or person responsible for Third Party Website which sets the hyperlink (or deep link) takes on full responsibility and risk.

5. Limitations of NucleoAIFs responsibility

5.1 The User understands and accepts the characteristics and risks of connecting and surfing the Internet. Therefore, NucleoAIF accepts no responsibility for flaws, interruptions or network crashes and/or of the connection services or transmission of data, or that access to the Website, the Services and/or the Contents should be uninterrupted, precise and with no errors. NucleoAIF will not respond for damages the User might suffer as a result of such circumstances. 

5.2 NucleoAIF reserves the right to alter the computer programs, applications and/or operating systems it uses, the systematization and/or general presentation as well as the characteristics and/or access conditions and/or use of the Website, the Contents and or/ the Services. Likewise, NucleoAIF reserves the right to modify, interrupt, suspend and/or cancel temporarily, definitely, partially and/or totally the characteristics, scope, data, use, availability or access to the Website, the Contents and/or the Services for technical, commercial, updating, up keeping, contract and/or sharing reasons with no justification or previous notice and in such circumstances the User will not be entitled to any form of compensation.

5.3 NucleoAIF holds no responsibility for the damages and losses, whatever their nature or scope, the User may suffer as a result of the connection, access, visit and/or use to Third Party Websites and/or contents and/or service provided through them 

5.4 The User agrees and acknowledges that NucleoAIF offers no warranty whatsoever for the quality, price, sales conditions resulting from the use of products and/or services offered, promoted or announced by Third Parties in the Website. 

5.5   NucleoAIF holds no responsibility for any changes in the Terms and Conditions and/or Policy. 

5.6 NucleoAIF holds no responsibility whatsoever for the information, data, opinions and concepts issued, published or distributed by Users directly or indirectly through the Website and/or those issued, published, or distributed by Third Party Websites.

5.7? 

5.8 NucleoAIF uses antivirus and virus protection against virus, bugs, Trojans, malware, spyware and other risks on the Internet (hereinafter the “Risks”). However, this might not prove sufficient and does not relieve the Users from the responsibility of ensuring their own protection methods for surfing, accessing and safely using Websites. Therefore, NucleoAIF holds no responsibility for damages caused by the Risks or any other damage resulting from access and/or use of the Website, Contents and/or Services, NucleoAIF will not be responsible for damages caused by the Risks and/or any other damage resulting from access and/or use of the Website, contents and/or Services. Likewise, NucleoAIF holds no responsibility whatsoever for unauthorized access or use of the servers used to host the Website, the Contents, the Service and/or Users´ data by Third Parties.

5.9  In addition, NucleoAIF will not be responsible to the User or to any Third Party for the damages, infringements, crimes, contraventions or any other kind of unlawful act which might be committed whether they have to do with intellectual property rights, honor or personal reputation, personal data, credit information, consumers´ rights or any other right which might be vulnerated as a consequence of Users´ or Third Parties´ inappropriate use of the Website infringing NucleoAIF´s security measures. 

5.10 Limitations to NucleoAIF´s responsibility set in this Clause also reach the directors, administrators, representatives, staff and/or consultants of NucleoAIF, who are also relieved from any responsibility whatsoever for the use or access of the Website, Services and Contents. 

5.11  The User consents and commits to compensating and holding NucleoAIF and/or any of its officials, employees, licensors, suppliers or licensees of and against any loss, expense, damage, harm, cost, fee and, in general whatever its scope, including but not limited to direct or indirect, immediate or mediate damages, emerging damages and lost profit, lost chance and/or moral damage (hereinafter “Damages” resulting from any violation of applicable laws and norms and/or the Terms and Conditions and/or resulting from inappropriate use of the Website, Service and Contents, be it by action or omission of the User. 

5.12 NucleoAIF will not be responsible for the Users´ or Visitors of the Website´s comments about the Works, the Profile and/or the Artists, whether on the Website, other Websites or social networks. The User will keep NucleoAIF harmless from the consequences and/or derivation of their behavior and/or comments in the Website if there is a breach in the Terms and Conditions. 

6. Policy on Intellectual and Industrial Property Rights

6.1 NucleoAIF has a clear policy regarding the protection and defense of intellectual and/or industrial property rights (hereinafter the “Rights”) both their own and those of Third Parties. 

6.2 Notwithstanding the foregoing in the preceding paragraph 6.1, NucleoAIF is available for any holder of Intellectual and/or Industrial Rights (hereinafter “Rights Holder” which might consider that the Website, the Services and/or the Contents might affect, infringe or violate any Right (hereinafter the “Claimant”) for the Claimant to be able to present a claim through an Email to the following address [email protected]. At this  Email, the Claimant will inform his/her name and document number (if it is an individual) or corporate name and CUIT number (if it is society), Email address and  contact number (cellphone or landline phone) clear identification of the Content and/or Service objected and the grounds for the claim, clearly identifying the right they consider infringed or violated by the Content and/or Service, together with any other date or information they consider useful or relevant for better consideration of the claim. NucleoAIF will reply to the claim at their own discretion and will adopt the measures they consider applicable according to the circumstances to then inform the Artist about the existence, content and scope of the claim on the Content and/or Service objected on the Website. The Claimer will have no right to any compensation whatsoever for the provisional or definite measure adopted by NucleoAIF regarding the claim. 

6.3 The Claimer who uses the claiming mechanism set in this Clause waives any claim and/or action against NucleoAIF stemming from the eventual responsibility for any harm that might be originated or caused by the objected Content and/or Service. 

6.4 The Claimer commits to supplying NucleoAIF with any documentation certifying the Rights claimed when NucleoAIF requires it. 

6.5 The Claimer acknowledges that the mechanism set in this Clause to promote the claim responds to the current legislation and good local and international practices in the subject and it is the simplest and most effective way to channel the claim. Therefore, the Claimant accepts not to request any precautionary measure of any kind or scope before any administrative or judicial organism to assert and/or promote a claim against NucleoAIF.

6.6 NucleoAIF is entitled to block or cancel access to the Website, the Contents and/or the Services totally or partially to the User who recurrently on three occasions violates the Terms and Conditions, the Policy or the Specific Conditions. 

6.7 NucleoAIF is the sole holder of all the rights on the Website. All the Contents, Services and distinctive signs used in the Website including but not only data, texts, brands, icons, musical and audiovisual pieces, images, design or “look and feel” of the Website, databases, indexes, computer programs, other information technology applications, advertising and promotional material and/or any other kind of works in general (hereinafter the “Rights”). Therefore, the User acknowledges and accepts that NucleoAIF and/or the Rights Holders are the owners of all the Rights, titles and interests on the Website, Services and/or Contents, whatever the circumstances of their registration or deposit and/or the jurisdiction in which these began to be used, exploited or deposited and/or registered and the use and/or access to those Services and/or Contents, whether the Rights are under the name of NucleoAIF and/or the Rights Holders, according to what has been set in the Terms and Conditions and/or the Specific Conditions. The use and/or access to the Website, Services and Contents, does not entitle the User to any license or faculty whatsoever to the Rights of the Website, Services and/or Contents beyond what is strictly necessary for the correct use of the Website, Services and/or Contents.

6.8 The Terms and Conditions and Specific Conditions set the scopes and limits within which the Users will use their Rights, none of the provisions in the Terms and Conditions and/or the Specific Conditions can be interpreted as a license or authorization for use of the Rights with an extension or scope beyond what is set in the Terms and Conditions and/or the Specific Conditions. Every Right and/or faculty which has not been expressly conferred to the User in the Terms and Conditions and/or the Specific Terms and Conditions is exclusive to NucleoAIF, the Rights Holders and/or their respective licensees.

7. Non- compliance and/or breach of the Terms and Conditions

NucleoAIF reserves the right to initiate the legal proceedings they are entitled to against any User who violates the Terms and Conditions, the Policy and/or the Specific Conditions and to adopt the preliminary measures they consider necessary to redress the situation, including, but not restricted to the suspension of cancelation of the User´s register to operate the Website.

8. Communications

Every request, query, claim and in general any communication to NucleoAIF must go via Email to the following address contacto@nucleoAIF  or else by post to Teodoro García 1939 Piso 4° Departamento “C”, Ciudad Autónoma de Buenos Aires, Argentina. 

9. Miscellaneous 

9.1 The Terms and Conditions are the only agreement between the User and NucleoAIF and they govern the use of the Website, Services and Contents, replacing any previous contract and/or agreement between the user and NucleoAIF.

9.2 Notifications and/or communications to Users will be considered validly conveyed when they are directed to an address, whether physical or virtual provided by the User to NucleoAIF. 

9.3 Tolerance on behalf of NucleoAIF for exercising a right or provision from the Terms and Conditions will never imply waiving it. 

10. Applicable Legislation and Jurisdiction

10.1 The Terms and Conditions and the relationship between the User and NucleoAIF will be interpreted and governed by the laws of the Argentine Republic. 

10.2. The User acknowledges and agrees that the use of the Website and/or the Contents is forbidden in any jurisdiction that does not recognize the validity of the Terms and Conditions or submit NucleoAIF to a jurisdiction different from the one agreed upon in this Clause. 

10.3. Use and/or access to the Website does not set a consumption relationship between the User and NucleoAIF.

10.4.  The User and NulceoAIF are submitted to the Jurisdiction of the Ordinary Courts of the City of Buenos Aires, excluding any other jurisdiction which might correspond in the event of any divergence related to the Website, Services or Contents.