Licence Terms

1. ARTISMOVIE CONTENT LICENSE

This document contains the terms and conditions governing the contractual relationship between ARTISMOVIE and Licensee, which shall apply to all purchases made through the ARTISMOVIE website.

1.1. License Content

Subject to payment of the Price and compliance with the restrictions set forth in these Terms, ARTISMOVIE grants Licensee a non-exclusive and non-transferable license (the “License”) to reproduce the Original Content and incorporate it in one (1) Audiovisual or Theater Production, in a music show, sports event, or any other type of show, or, in general, in any type of event (hereinafter referred to as the “Event”) in which the Original Content -either in its digital version, or through its physical print- is to be communicated to the public in any of the modalities provided for in article 20 of Royal Legislative Decree 1/1996, of April 12, 1996, approving the revised text of the Intellectual Property Law (TRLPI).

This License grants, therefore:

  1. a) The use of the Original Content to be exhibited within an Event under the terms of Article 20.2.h) TRLPI

  2. The incorporation (fixation) of the Original Content in an Audiovisual Production, a Theater Production or in a show of any other type and its subsequent exploitation always incorporated and inseparable from the Audiovisual Production, Theater Production or Show concerned and, in particular, for reproduction, distribution, public communication and transformation (in the terms detailed below), without territorial or temporary limitation, through any means or system by Licensee or any third party that acquires the rights to the Audiovisual or Theater Production, whether for commercial or non-commercial purposes.

  3. The use of the Original Content for private use, i.e., within the strictly domestic sphere of the Licensor, none of the uses listed as “Prohibited Uses” below being permitted in any case.

“Audiovisual Production” means any audiovisual recording, with or without sound, of any genre (fiction, non-fiction, documentary, advertising, video clip, etc.), fixed in any medium or support that allows the reproduction of the image.

“Theater Production” means any live performance before an audience, of any genre, even if it takes place in venues that usually offer other activities.

“Event” means any type of show (music, art, sports or any other genre), as well as any gathering (fairs, congresses, parties, exhibitions…) in which the Original Content is communicated to the public as part of the decoration or setting of the event itself.

Specifically, ARTISMOVIE authorizes the exploitation of the Audiovisual Production, Theater Production, or Event in which the Original Content is incorporated for television exploitation (including, but not limited to, Hertzian or digital television, cable television, satellite television, whether digital or analog, pay or free, Smart Tv, Catch Up TV, etc. ), broadcasting, online, streaming – e.g. over the Internet (including Social Networks) and through on demand services (e.g. FVOD, AVOD, TVOD or SVOD), PPV, EST or DTR -, or any other technologies related to fixed or mobile telephones, electronic communications networks, mobile devices and applications, theatrical exhibition (cinema or not, with or without an entrance fee), videography – including the production and distribution of copies on all types of media (including, but not limited to, video tapes, DVDs, VCDs, SVCDs, BLU-RAYs, optical discs, memories of any kind and semiconductor chips, on which copies are encoded or stored for subsequent execution by means of Video Systems) -, stage exploitation, etc.

1.2. Use for a single project – The payment of the Price and, therefore, the acquisition of the License allows the Licensee to use the Original Content exclusively for a specific Audiovisual Production, Theater Production, or Event , without being able to reuse it in other different projects.

To be able to use it in other different projects the Licensee shall be required to purchase a new license by filling in the purchase form again and paying the fixed Price.

1.3. No assingment/sublicensing.- This License is personal to Licensee and may not be assigned by Licensee without ARTISMOVIE’s prior written consent. ARTISMOVIE expressly prohibits the assignment, license, sublicense, sale or resale of any Original Content (photographic image, illustration, drawing, etc.) digital or printed, in any format or size, acquired through the ARTISMOVIE website, to a third party, without the express authorization of ARTISMOVIE. The foregoing is without prejudice to Licensee’s right to license, sell or commercialize in any way the Audiovisual or Theater Production in which the Original Content is incorporated.

1.4. Authorized promotional use.- Within the scope of the License, ARTISMOVIE authorizes Licensee to make use of those sequences of the Audiovisual or Theater Production that incorporate the Original Content (in-context use) for promotional purposes of the licensed Audiovisual or Theater Production itself (such as, for example, trailers or billboards).

1.5. Authorized Modification of Original Contents and Creation of Derivative Works.- The modification of the Original Contents of ARTIESMOVIE and even their transformation in such a way as to generate new works (the “Derivative Works”), including changes of color or tonality, suppression of the signature, cut-outs, collage, etc., is permitted. The License Terms shall apply to the Original Content modified by Licensee, as well as to the Derivative Works. However, ARTIESMOVIE shall not be liable in the event that Licensee’s modification or transformation of the Original Content results in content that may infringe third party rights.

1.6. Attribution of authorship.- Whenever possible Licensee shall include ARTISMOVIE in the credits of the Audiovisual or Theater Production in which the ARTISMOVIE Original Content(s) is incorporated, in the form and layout consistent with the uses of the audiovisual and performing arts sector, with size and layout similar to other providers of licensed material, incorporating the following wording: “[Title]/[Name of the work] licensed by ARTISMOVIE”.

1.7. Forbidden Uses .– The following uses are expressly excluded from the License granted:

– Exploit or commercialize the Original Content isolated or independently from the Audiovisual, Theatrical or Event Production. In particular, it is expressly forbidden to resell, distribute, share or transfer the Original Content independently of the Audiovisual, Theatrical or Event Production, to be used in any way that allows or invites a third party to download, make copies, use or access the Original Content as a stand-alone file, as a product or service, whether physical or digital – but not limited to, as an image, NFT, digital file, physical copy intended for commercial distribution, or in any form incorporated into products or items intended for resale or merchandising

 

– Use the Original Content or any part thereof as instruction or to facilitate machine learning of artificial intelligence (AI) systems, or for biometric identification purposes of natural persons.

 

  • – Use the Original Content in contravention of the law, morality or public order or for unlawful purposes of any kind. In particular, the depiction of any person depicted in Original Content in a manner that would be offensive to a reasonable person is prohibited, including, but not limited to, depicting him or her: a) in a political context, such as promoting, advocating or supporting any political party, or in connection with any political policy or viewpoint; b) engaging in immoral or criminal activity.

  • Use the Original Content in a way that violates in any way the moral rights of the authors recognized in article 14 of the Intellectual Property Law (among others, those relating to the authorship and integrity of the works). For clarification purposes, the modification of the Original Content in accordance with the provisions of section 1.5. that entails the elimination of the signature of the authors of the Original Content will not imply an infringement of the right of authorship for the purposes of this License.

 

  • Use or register the Original Content, in whole or in part, as a trademark, logo or distinctive sign of any kind.

 

  • To exploit the whole of the Original Content as a database, its extraction and/or reuse being expressly forbidden. In particular, the display of the Original Content as part of a “content gallery” exploited by third parties for the selection of material is prohibited.

 

1.8. License fee and payment terms.- The grant of the License is subject to payment of the License fee detailed on each web page of the Original Content (“Price”). ARTISMOVIE reserves the right to modify the Prices without prior notice.

Licensee may pay by credit or debit card. The payment will be charged to the Licensee’s credit card once the purchase form has been completed and sent, after the user has logged in to the ARTISMOVIE website.

The payment by credit card is totally safe. The entire transaction is encrypted through a bank validation server using the SSL (Secure Socket Layer) encryption protocol, so that the credit card number and expiration date are instantly encrypted on the Licensee’s computer before being sent to the SSL protocol. No one will be able to use this data without the Licensee’s authorization, since the information is unreadable. For greater security, this data is not stored on ARTISMOVIE’s server, therefore the Licensee must communicate to ARTISMOVIE all the information for each new order.

Once the payment has been made, ARTISMOVIE will automatically send the Licensee the image in high resolution and without watermark.

Invoices will be sent upon request to the e-mail address indicated by Licensee.

2. AUTHORSHIP AND CHARACTERISTICS OF THE ORIGINAL CONTENTS

The Original Content that ARTISMOVIE makes available to Licensees as part of the Services consists of visual works, graphics and photographs created on behalf of ARTISMOVIE by artists Mar Ejada (Mar Garcia), Carmen Mejias and other artists – whose names are listed next to each of the Original Content. Some of the Original Contents incorporate the signature of the author.

ARTISMOVIE is responsible to Licensees for the authorship and originality of the Original Content and for obtaining the relevant intellectual property rights from such authors for the granting of the License under these Terms.

3. LIABILITIES AND WARRANTIES

ARTISMOVIE’s contributors have assigned all necessary rights to Original Content in order to grant the rights covered by the License. In this regard, ARTISMOVIE guarantees that the use of the Original Content in accordance with these Terms and the applicable legislation does not infringe: (i) any intellectual and industrial property rights of third parties; (ii) any image rights of third parties.

However, ARTISMOVIE shall not be liable in the event that Licensee uses the Original Content in a manner contrary to these Terms of Service. Neither shall ARTISMOVIE be liable in the event that the content modified or transformed by Licensee infringes the rights of third parties.

Limitation of Liability. ARTISMOVIE SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, OR FOR ANY COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT.

4. LICENCE WITHDRAL

ARTISMOVIE reserves the right to terminate the License granted in the event Licensee uses the Original Content in a manner contrary to these Terms of Use, in which case Licensee must immediately stop using the Original Content, delete any copies of the Original Content from its systems and, if requested, confirm in writing to ARTISMOVIE that it has complied with these requirements. ARTISMOVIE reserves the right to seek damages for Licensee’s failure to comply.

5. VALIDITY AND ENFORCEMENT OF THE TERMS OF THIS LICENSE

By sending the purchase form to ARTISMOVIE, the Licensee accepts the Terms and Conditions of the present License and its immediate execution.

Licensee acknowledges and accepts that, being a digital content, the execution of this License implies the loss of the right of withdrawal that may correspond to Licensee in the event that Licensee is a consumer in accordance with the provisions of the Spanish Royal Legislative Decree 1/2007 of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

ARTISMOVIE reserves the right to modify the terms of this License to adapt them to any changes or new regulations, for technical reasons, for changes in the services offered by ARTISMOVIE or for strategic decisions of the company. In these cases, the Licensee will be notified on this web page with reasonable notice of the changes to be made and when they will take full effect. Licensee shall be responsible for checking the License Terms and Conditions on a regular basis to determine if any changes have occurred. If Licensee does not agree to any changes to the Terms and Conditions, Licensee must immediately cease using the ARTISMOVIE service. In the event that ARTISMOVIE modifies these Terms, each order will be subject to the Terms in effect at the date and time the order was placed by LICENSEE. A copy of the current version of the Conditions may be requested by e-mail to the address: [*].

In the event that any part of the License Terms and Conditions is declared illegal or unenforceable, the affected provision shall be deemed deleted and the remaining provisions of the said Terms and Conditions shall remain in full force and effect.

6. GOVERNING LAW AND JURISDICTION

The License Agreement entered into between ARTISMOVIE and Licensee shall be governed by the laws of Spain. Except in those cases in which the applicable regulations impose a specific jurisdiction, any controversy in relation to the Conditions of this License shall be resolved by the Courts of Seville (Spain), the parties expressly waiving any other jurisdiction that may correspond to them.

In accordance with the provisions of Article 14 of Regulation (EU) 524/2013, Licensee is informed that, in cases where it applies due to Licensee’s status as a consumer, the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.