ARTSGAIN trademark and website belongs to ARTSGAIN INVESTMENTS SGEIC S.A. with tax identification number ES-A66946526 (hereinafter ARTSGAIN) complies with the requirements established of Spanish Law 34/2002 on Information Society Services and Electronic Commerce, Spanish Law 56/2007 on Measures to Promote the Information Society, as well as of Organic Law 15/1999 on Personal Data Protection following the current applicable European Laws. As a result of all of this accomplishment, it has created the following conditions of use:
1. PURPOSE OF THE SERVICE
ARTSGAIN offers mainly a free service where registered professional users can access to the website to invest in mutual funds composed of artworks, antiques and collectibles (hereinafter “the Fund”).
2. TERMS & CONDITIONS
ARTSGAIN reserves the right to improve, modify or cancel, unilaterally and without prior notice, services and / or contents according to the most diverse criteria.
Obligation to make proper use of the website: The user undertakes to make proper use of the website and not to use it to engage in illegal activities or contrary to good faith and legal order (purely indicative and not exhaustive); Cause damage to the physical and logical systems of the responsible party, its suppliers or third parties, to introduce or disseminate in the website viruses or any other physical or logical systems that are likely to cause the aforementioned damages, and all those that transgress the honour, personal or family privacy and the image of persons, property rights or any other nature belonging to a third party as a result of the transmission, dissemination, storage, provision, reception, obtaining or accessing to the contents or the image of third parties; The performance of acts of unfair competition and illicit publicity as a consequence of the transmission, dissemination, storage, availability, reception, obtaining or access to the contents; The lack of veracity, accuracy, completeness, relevance and / or topicality of the contents, leaving the user, in any case, unscathed to ARTSGAIN company against any claim, judicial or extrajudicial.
The user is solely responsible for the contents and files made available on the website, therefore it is obliged not to publish (or upload) any files (such as video, audio, text, etc.) that are subject to intellectual/industrial property rights of third party, unless the legal holder of such rights has granted a license or formal authorization under the license that governs this platform.
ARTSGAIN excludes any liability for damages of any nature that may be due to the contents provided or supplied by any third parties.
Use and custody of the username and password: the user agrees to make diligent use of the password and the username and to keep both secret. It shall be the sole responsibility of the user to maintain the confidentiality of his/her password, assuming therefore all damages, expenses and / or damages of any kind resulting from breach of this obligation or disclosure of the password, as well as misuse that, as Consequence of the breach of his duty of custody, could make a third party.
Cancellation of access, services and content: ARTSGAIN may, in its sole discretion, deny, withdraw, suspend and / or block at any time and without prior notice access to the contents or the platform itself to those users who do not comply with these Terms & Conditions, being able to eliminate its account and all the information and files relative to the same or, if appropriate, deny him/her access to such files or to the platform itself. ARTSGAIN will not assume any responsibility for the cancellation of access to it. ARTSGAIN reserves the right to limit, in whole or in part, access to certain users, as well as to cancel, suspend, block or delete certain types of content through the use of suitable technological instruments, if it has effective knowledge that the activity or information stored and / or disseminated is unlawful or that it damages property or rights of a third party.
Likewise, the user who considers it appropriate has the possibility, to inform ARTSGAIN of those contents / users that may be in violation of these terms & conditions. In the event that ARTSGAIN verifies the veracity of such complaints, it may, in accordance with the previous paragraphs, delete / cancel the denounced contents / users.
Communications and notifications: All notifications and every notifications made will be considered effective for all purposes when they are made by e-mail to the e-mail that the user has been able to provide. The user expressly acknowledges that such data has been supplied by himself and are completely accurate.
Remove the registered user: if a user wants to unsubscribe his/her profile will be deleted. This is done by clicking in a box in the user profile settings. In that case your profile will be deleted, although the shares of the funds selected and purchased by the user will remain until its sale and subsequent liquidation of the Fund. From then on, ARTSGAIN will communicate through the email provided or by other means (telephone, face-to-face, videoconference).
3. SPECIFIC CONSIDERATIONS
There are special risk considerations associated with investing in the art market, including the nature of artistic values, risks related to general and local economic conditions, competition between artists, custody expenses, demographic trends and law variations, fortuitous and expropriation losses, environmental risks, legislative limitations on investments, changes in the artist’s valuation, risks related to third parties, changes in the attractiveness of artworks and its interest rates, and other influencing factors in the art market and in the capital market.
The information contained in this site has been prepared by ARTSGAIN with the collaboration of industry experts. The information incorporated in this website is not for distribution to consumers. No part of the information provided represents or constitutes legal, accounting or tax advice, nor does it constitute any individualised investment recommendation. The related information has been prepared without considering the individual financial circumstances and the objectives of the people who have access to it and who can invest in the funds published in ARTSGAIN. The information provided does not constitute an offer to sell or a solicitation of any offer to purchase and should not be construed as such in any jurisdiction where such offer or solicitation is unlawful. The information contained in this website is for dissemination purposes only and, in the case of any value, subject to the terms and conditions established on the ARTSGAIN site or its related investment proposals or brochures, modified or supplemented. An offer can only be made by means of a final offer document or brochure.
Transactions and financial matters may not be suitable for all investors and any offer may be restricted to those that meet certain criteria imposed by applicable law or regulation. ARTSGAIN strongly urges each addressee to consult with its accounting, legal and tax advisors before entering into any transaction. ARTSGAIN expressly waives any advisory, fiduciary or similar relationship with any recipient or investor.
The information contained in this website is preliminary, is subject to change and may have been obtained from sources other than those represented, and has been compiled by them from deemed reliable sources, but no representation nor warranty, expressed or implied, is made by ARTSGAIN nor any other person as to its accuracy, completeness or correctness of specified information.
All opinions and estimates contained herein are subject to change without notice and are provided in good faith but without legal liability. To the maximum extent permitted by law neither ARTSGAIN nor any other person accepts any responsibility for any direct or consequential loss arising out of any use of the information contained herein. No content on this website may be reproduced or copied by any method without the prior written consent of ARTSGAIN.
4. CONTRACT CONDITIONS
ARTSGAIN is a website for professional investors to make investments in mutual funds based on a model of co-investment in compliance with Spanish Law 22/2014. To this purpose, ARTSGAIN allows its users to co-invest in the art mutual funds published by ARTSGAIN and to achieve the investment goal through the investments of other professional users who are participants and interested in those artworks.
To be able to invest in an active fund in ARTSGAIN you will need to register as a user and fill out the accreditation form as a individual or professional investor in which you must specify, among other information, your identity as a person and / or a legal entity, your address, economical activity and compliant with the conditions of your profile as a professional investor that will be validated by the ARTSGAIN Legal Department.
Once the investor has been validated as a professional investor by ARTSGAIN according to the objective data that he fulfills in the procedures that he makes to his own investors, he will initiate the investment in the fund that he chooses according to conditions described in the regulation of the fund and his payment will be made by bank transfer in the bank account of the chosen fund, and then you must specify the user’s bank account for the fund of the result of the profitability of the funds that you will receive according to the investments you have made for your lease or at the end of the period and made the sale of the acquired works, and that will be carried out by bank transfer to user specified bank account.
The investor may process the disbursement in one or several payments to the bank account of the chosen fund that ARTSGAIN will provide after the initial commitment and until the end of the investment period of the fund specified in the fund’s leaflet, this being a term of 90 days after the date of commitment and in the event that there were less than 90 days between said date and the end date of the marketing period, the term remaining until that date. The 90-day term is the maximum term granted by ARTSGAIN to require the remaining disbursement of the committed assets from the participants. ARTGAIN will charge the fees indicated in the characteristics of the fund selected for the provision of services to the investor at the time the investment commitment is made on the first payment. ARTSGAIN will bear the expenses of those commissions that come from the processing of the current account charge in case the user has requested this type of payment.
5. INTELLECTUAL PROPERTY
As for the artistic property rights that may correspond to the contents of the fund’s works of art, as well as all brands, commercial names or any other distinctive sign are the property of ARTSGAIN or its legitimate owners, all rights reserved about them.
ARTSGAIN will not be liable for any damages that may arise from the use of the contents, services and information included in this web page by the ARTSGAIN itself or its partners, or from their violation of any legal provision in force.
The access and use of the website to under-age people is prohibited.
The full responsibility for determining the specific content and services that anyone under-age receives is the responsibility of the elders in whose charge they are. The access and use of the platform to under-age people is prohibited. ARTSGAIN understands that from the moment a under-age person enters the platform, he/she has the permission of his parents, his tutor or his legal representative. As the Internet makes it possible to access content that may not be appropriate for those under-age, users are informed that there are mechanisms, in particular filtering and blocking software, that allow limiting the available content and, although not infallible, are there to control and restrict the materials that children can access.
7. COOKIES AND LINKS
ARTSGAIN does not assume any responsibility for the external links that, if applicable, could be included in the web site, since it does not have any control over them, reason why the user accedes under its exclusive responsibility to the content and in the Term & Conditions of Use that govern them.
ARTSGAIN protects personal data according to the law established in the Spanish Organic Law of Data Protection and the Regulation of Security Measures. The information on the protection of personal data is contained in the Privacy Statement. To this purpose, it has taken the necessary measures to avoid the alteration, loss, processing or unauthorised access of personal data, taking into account at all times the state of the technology, however, the user must be aware that the security measures on the internet are not impregnable. In the case that personal data relating to different individuals are included in the platform, they must, prior to their inclusion, inform them of the extremes contained in the Privacy Statement.
9. APPLICABLE LEGISLATION
The current regulations will determine the laws that must govern and the jurisdiction that must know the relations between ARTSGAIN and the users.