Terms

GENERAL TERMS OF USE OF THE ROOSTERGNN PLATFORM (09.2018).

Accession.

The access or use of the platform, products, software, services, portal and websites of ROOSTERGNN and RGNN (hereinafter “the PLATFORM”) is completely voluntary and attributes to the user the status of USER, and entails adherence, without no type of reservation, to the present GENERAL TERMS OF USE (hereinafter “the TERMS”) in the version published at the moment in which the access or use of the PLATFORM takes place. For this reason, ROOSTERGNN recommends that the USER carefully read the TERMS that govern access to the PLATFORM and its updates. These TERMS shall apply regardless of the existence of other specific conditions applicable to certain services that may complement, replace or modify them in any way in relation to the services and contents of the PLATFORM.

For the use of some services of the PLATFORM it is necessary to be registered as a USER. Other services of the PLATFORM will not be accessible without the previous payment of the value or amount that, in its case, corresponds according to the particular conditions of the same.

In the event that ROOSTERGNN has provided you with a translation of the Spanish version of the TERMS, the USER acknowledges that such translation is provided for its convenience, and in its relationship with ROOSTERGNN, the provisions of the version in Spanish of the TERMS.

In any case, ROOSTERGNN reserves the right, at any time and without prior notice, to deny access to the PLATFORM, to deactivate or cancel those USERS who fail to comply with any of the general or specific TERMS OF USE that may apply to them. of application.

Representation.

ROOSTERGNN is legally represented by ARXALIA FACMAN S.L., a company with registered office in Madrid 28001, Calle Velázquez 10, first floor and CIF ES-B85232023.

Object.

The PLATFORM has been designed to make known and allow all USERS access to information, products and services of ROOSTERGNN (hereinafter, “the CONTENTS”).

ROOSTERGNN innovates and consequently may alter without prior notice the design, presentation and configuration of the PLATFORM, as well as any or all of the CONTENTS, and modify these TERMS or the particular conditions of use referred to any CONTENT in particular. The USER acknowledges and accepts that ROOSTERGNN may interrupt the provision of the services offered by the PLATFORM without prior notice. The USER may stop using the PLATFORM at any time and will be obliged to communicate his withdrawal only in the event that the services he uses have required prior registration, in no case will the notification of withdrawal as USER bear reimbursement rights from ROOSTERGNN .

Intellectual property.

The USER recognizes that all information (data files, texts, software, music, sound files, photographs, videos or images) to which he has access through the use of the PLATFORM is the sole responsibility of the person, physical or legal, that has originated such CONTENTS.

The CONTENTS of the PLATFORM may be protected by intellectual property rights or copyright. The USER may not modify, rent, lease, loan, sell, distribute or create derivative works of these CONTENTS (either in whole or in part) unless the USER has been expressly authorized to do so by ROOSTERGNN or by the owners of the mentioned CONTENTS, under a written contract.

The CONTENTS that make up the PLATFORM may not be limited by intellectual property rights or copyright. These contents published in open by their authors are freely available and may be copied and disseminated with the inexcusable obligation to cite their origin and author.

ROOSTERGNN assumes no obligation to preview, review, classify, filter, modify, discard or eliminate all or part of the CONTENTS of the PLATFORM. The USER acknowledges that by using the PLATFORM may be exposed to CONTENTS that the USER may consider offensive, obscene or questionable and that, in regard to this issue, the USER uses the PLATFORM by its own will, account and risk.

The USER accepts to be the sole responsible (without ROOSTERGNN having to assume any responsibility before the USER or against third parties) of the CONTENTS that the USER believes, transmits, shows or discloses while using the PLATFORM as well as the consequences derived from their actions.

Unless the USER has otherwise agreed in writing with ROOSTERGNN, nothing in the TERMS shall give you any right to use the trade names, trademarks, service marks, logos, domain names or other distinctive trademarks of ROOSTERGNN.

Contents

The CONTENTS of the PLATFORM may include hyperlinks to other websites, contents or resources. ROOSTERGNN has no control over the websites or resources provided by other companies or persons other than ROOSTERGNN. The user acknowledges and accepts that ROOSTERGNN will not be responsible for the availability of said sites or external resources and does not endorse neither the advertising nor the products or other materials available through said websites or resources.

ROOSTERGNN can provide a translation of the contents of the Platform. The user acknowledges that such translation is provided for their convenience, and in its relationship with ROOSTERGNN the provisions of the original content version shall prevail.

Some CONTENTS of the PLATFORM can be maintained with revenue from advertising and can show advertisements and promotions. The form, mode and volume of the advertising included in the PLATFORM are subject to variation without prior notice. In consideration for the right of access and use of the Services that ROOSTERGNN grants, the USER accepts that ROOSTERGNN may include such advertising on the PLATFORM.

License on Contents: (CCBY).

The USER will keep all the copyright and other rights that he already possesses in relation to the CONTENTS that he sends, publishes or shows through the PLATFORM. By submitting, publishing or displaying these CONTENTS, the USER grants ROOSTERGNN full Creative Commons Attribution License (CCBY). Consequently, ROOSTERGNN acquires a perpetual, irrevocable, worldwide, royalty-free and non-exclusive right to copy, translate, publish, distribute and make derivative works of the CONTENTS that the USER sends, publishes or shows through the PLATFORM with the only condition of referencing the work in the form specified by its author.

Use of the Platform.

The user agrees to use the PLATFORM responsibly, in good faith and in accordance with the Law, morals, public order or good customs and, in any case, undertakes to:

To enjoy the CONTENTS that are offered according to the access rules that are established in each moment. To access certain CONTENTS, you may be asked to provide information related to your person (such as identification or contact information). The USER accepts that the registration information provided to ROOSTERGNN will be accurate, correct and updated at all times.

To maintain the confidentiality of the passwords associated with any account that the USER uses to access the CONTENTS. Accordingly, the user agrees to be solely responsible to ROOSTERGNN with respect to all activities carried out in relation to their account. If the USER detects any unauthorized use of his password or his account, he must notify ROOSTERGNN immediately.

Not to disseminate information that is illegal, racist, xenophobic, pornographic, or contrary to human rights or to children. The USER undertakes to use the PLATFORM only for the purposes permitted by the TERMS and any laws, regulations, generally accepted practices or application guidelines in the corresponding jurisdictions.

The USER undertakes not to access the PLATFORM by any means other than the interface provided by ROOSTERGNN, nor to participate in activities that hinder or interfere with the operation of the same.

The USER accepts to be solely responsible for any breach of its obligations set forth in the TERMS as well as the consequences of such breach.

Privacy and personal information.

The policy of privacy and protection of personal data that governs the processing of personal data of USERS of the PLATAFORMA complies with the current legislation on the subject, Organic Law 15/1999, of December 13, on the protection of personal data , Royal Decree 1720/2007, of December 21, by which the Regulation of development of the Organic Law 15/1999, of December 13 and Law 34/2002, of July 11, of services of the society is approved of information and electronic commerce.

ROOSTERGNN informs that the personal data provided by the USER, including those derived from the use of the services of ROOSTERGNN, will be incorporated into an automated file for processing for the purpose of management, administration, provision, expansion, improvement, personalization and information on the services and products of the PLATFORM. The USER is informed and is aware of the public visibility of the information that is included in their profiles. The data collected may be transferred in the cases provided for each file.

The USER may freely exercise their rights of access, rectification, cancellation and opposition in relation to their personal data registered in ROOSTERGNN, by writing to the legal representative or email staff@roostergnn.org, indicating name, surnames, registration email.

The PLATFORM does not allow the registration of minors. ROOSTERGNN disclaims all liability if minors register on the PLATFORM in violation of this prohibition.

Cookies policy.

ROOSTERGNN communicates to the USERS, through this clause, that they can use cookies when the USER navigates through the different pages of the PLATFORM. The exclusive use of cookies is to remember the preferences of the USER. Consequently, the use of the PLATFORM leads to the acceptance of the use of cookies, which the USER expressly authorizes, in accordance with our privacy policy.

You can expand the information on cookies in the following link of the Spanish Agency for Data Protection: http://www.agpd.es/portalwebAGPD/canaldocumentacion/cookies/index-ides-idphp.php

Limitation of Liability

Nothing of the stipulated in the TERMS will affect the legitimate rights that correspond to the user at all times as a consumer that can not be modified contractually or to which it is not possible to resign. Nothing contained in these TERMS shall exclude or limit the liability of ROOSTERGNN for actions or omissions that can not be legally excluded or limited by applicable law.

Applicable Law and Jurisdiction.

For any litigious or incidental matter to the ROOSTERGNN Services, Spanish law will apply, and the Courts and Tribunals of Madrid (Spain) and, as the case may be, the Arbitral Courts to which all disputes will be resolved will be resolved. find attached.

RGNN Artist Residency Legal Framework.

The ROOSTERGNN Residency Programs are governed by the rules of convocation, in their latest published version, and are under the protection of the legislation in force in the Kingdom of Spain. ROOSTERGNN will be able to make photographs, videos and interviews during the celebration of the Programs and make use of this material in its websites, social networks and promotions in general. With the formalization of the Residency Fee, the Residents authorize ROOSTERGNN such use and expressly agree to comply with this Legal Framework.

Residency Fees, including deposits, are non-refundable and non-transferable. In any case, the Residency Fees must be paid in full before the start date of the Program.

It is the responsibility of the Residents to deliver to ROOSTERGNN documentation that is accurate and true, and within the required deadlines. ROOSTERGNN reserves the right to terminate the Residency of those Residents who do not respect the norms, the ideology of the Program or the staff in charge. Under no circumstances will the Residency Fee be refunded.

ROOSTERGNN reserves the right to adapt the content of the Programs according to the needs of the agency, the availability of experts/coordinators/guides and local contingencies. In case of postponement or suspension of a program due to force majeure, “vis major” or unpredictable acts, and provided that said Program can not be recalled within a period of twelve months, the liability of ROOSTERGNN is limited exclusively to the refund of the full amount of the Residency Fee received, the reimbursement will be made through a similar way to the one used when the payment was made.

Any activity not included in the program that the Residents carry out at their own risk will be their sole responsibility.

ROOSTERGNN Residency is legally represented by BREX URBAN SL, company of Spanish nationality, with CIF .: ESB85231850 and domicile in Madrid 28001, Velázquez 10, first floor. At this point the Residents and Collaborators in general are informed that their personal data will be integrated into electronic files managed by the administrative area of the company. For the purpose of complying with the legislation on personal data protection, Organic Law 15/1999, of 13 December, electronic mail applications@roostrergnn.org is authorized for communications related to the modification or rectification of data covered by said law.

Important note: the Residency Fees indicated in the program are the total amount, in Euros, to be received by ROOSTERGNN. It is the responsibility of the Resident to find out if his or her own bank is going to charge commissions and expenses for transfers, and if so, assume such expenses.

This document cancels any other previously submitted or published.

Note. In the event that ROOSTERGNN has provided you with a translation of the Spanish version of this document, you accept that such a translation is provided solely for your convenience, and in your relationship with ROOSTERGNN, the Spanish version of this document prevails in any case.