Terms of use

1. GENERAL INFORMATION

Below are the General Conditions of Use (hereinafter GENERAL CONDITIONS) which govern the relationship between the user of the services offered by this website -and of the domains linked to it (hereinafter all referred to as WEBSITES)- and the company responsible for it, TESSARACTIC, S.L.

For the purposes of these GENERAL CONDITIONS, anyone who browses, logs into and/or visits the WEBSITES is considered to be a user (hereinafter the USER).

The use of certain services offered to USERS may be subject to specific conditions, which, according to the case, substitute, complete and / or modify these GENERAL CONDITIONS. Therefore, prior to the use of these services, the USER must read and accept the corresponding specific conditions of each service (hereinafter SPECIFIC CONDITIONS).
The use of the WEBSITES implies full acceptance by the user of the provisions of these GENERAL CONDITIONS, SPECIFIC CONDITIONS, if any, and the PRIVACY POLICY, as published by TODEVISE at the time the user accesses the WEBSITES.

If the USER does not agree with the provisions of the aforementioned conditions, he shall not continue to use the WEBSITES.

Likewise, if the USER does not agree with any of the amendments made to the GENERAL CONDITIONS, SPECIFIC CONDITIONS, if any, and the PRIVACY POLICY, he shall stop accessing the WEBSITES; given that access thereto implies acceptance of the GENERAL CONDITIONS, SPECIFIC CONDITIONS, if any, and the PRIVACY POLICY at the time of access.

2. COMPANY IDENTIFICATION

The owner and manager of the WEBSITES is the company, TESSARACTIC, S.L., with VAT Nº B55136360, and registered in the Trade Register of Girona, under Spanish law.

3. DESCRIPTION OF ACTIVITY

TODEVISE is a platform created with the purpose of facilitating meetings and collaboration, exchange of information and content and allowing the procurement of services and products among users, related to culture and the entertainment industry in general, mainly aimed at audio-visual, performing arts and music.

Through TODEVISE you can create a profile in which you can enter your personal and contact details, artistic or professional experience, training and other curricular data, videos, photos and content of your work. You can also post your preferences and agenda, share them with other users of the website and thus create a meeting point to facilitate the work of all users.
It may also be linked to the industry professionals you have worked with or want to work with. In turn, you can present all kinds of offers of support and training and answer offers submitted by other users or hire any professional for their services.
You can also offer, sell and buy equipment, tools and generally anything related to audio-visual, performing arts and music.

TODEVISE, among other communications, may send advertising, promotional and/or informative communications of the industry to any USERS who so wish.

USERS who do not wish to receive such communications, simply have to follow the protocol to cancel the newsletter thereof established in our PRIVACY POLICY.

Moreover, inside TODEVISE you can enjoy the following services:

  • Access information entered by other users.
  • Access offers of possible collaborations with other users.
  • Receive information regarding the professional and/or training sector you want.
  • Easily upload information and content that may be of interest to other users.
  • Manage fast and easy exchange of all types of information and content related to the fields of work of the registered users.
  • Communicate with other users.
  • Offer, sell and buy equipment, tools, supplies and generally any kind of product related to audio-visual, performing arts and music.
TODEVISE reserves the right to modify, without notice, the design, layout, storage capacity and /or configuration of these WEBSITES, as well as to modify or cancel the above services or add new ones.

4. ACCEPTANCE OF CONDITIONS

As stated above, the use of the WEBSITES, and the hiring of any content, product and/or service thereof, shall be governed by the provisions of these GENERAL CONDITIONS and SPECIFIC CONDITIONS applicable to each case, assuming the acceptance thereof by the user, from the moment you use them and/or hire the content, products and/or services offered therein.

By accepting this agreement, you hereby declare:

  • a) That you are of legal age and with the capacity to sign contracts, under the general contracting laws of your State of residence; or that you are between 14 and 18 years of age and have the authorization of your parents or guardians to assume the obligations agreed upon through the WEBSITES.
  • b) That you have read and agree to the PRIVACY POLICY, these GENERAL CONDITIONS and the SPECIFIC CONDITIONS applicable to each case.
  • c) That you acknowledge and agree to the fees established by Todevise for trading between users of the goods and services existing at any time.

5. PROVISION OF SERVICES

In order to use and/or engage the services offered by TODEVISE through the WEBSITES you need to register in the registered user section following the instructions established in the correspondent paragraph.

6. IDENTIFICATION AND REGISTRATION

To register, the USER must provide at least the following information:

  • Name and surname.
  • Photo.
  • Province and Town of residence.
  • Email.
  • Date of birth.

In the process of hiring and/or registration on the WEBSITES, you must:
Indicate whether you have read and agree to the PRIVACY POLICY, the GENERAL CONDITIONS and the SPECIFIC CONDITIONS applicable to each case.
Indicate whether you want to receive communications and promotional information from TODEVISE.

It is important that you read these sections carefully because they contain important information about your rights, about the form of processing and collection of your personal data, as well as the rules governing the relationship between TODEVISE and the USER and the relationship among USERS.

When you have confirmed that you want to register, TODEVISE will send you an email confirming your registration.

You can access, modify or cancel the information you have provided using the simple, free procedure set out in the PRIVACY POLICY.

The "USERNAME" and "PASSWORD" for each USER are personal and not transferable and therefore cannot be disclosed or transferred to be used by any third party.

The information or personal data registered in each of the fields in the form must be accurate, precise and true. Similarly, the USER undertakes to keep the information updated.
You are responsible for all transactions made on your profile since access to the latter is restricted by the use of your "USERNAME" and "PASSWORD", known solely by the USER, and you must safeguard the confidentiality thereof to prevent unauthorized access.

You undertake to notify TODEVISE, immediately and by appropriate means, of any unauthorized use of your account, as well as entry by unauthorized parties thereto. We clarify that the sale, assignment or transfer of your account is strictly prohibited under any circumstances.

TODEVISE reserves the right to reject any application for registration or cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without generating any right to compensation or redress.

Once you have registered, you will access the USER AREA by entering your "USERNAME" and "PASSWORD".

7. USER OBLIGATIONS

The USER undertakes to make diligent use of the WEBSITES and services accessible from the latter, in full compliance with the law, morality and these GENERAL CONDITIONS and SPECIFIC CONDITIONS, if any, and to respect other USERS.

The USER agrees, under his sole responsibility, to use the content, products and services offered through TODEVISE, according to the law, these GENERAL CONDITIONS, the PRIVACY POLICY and the SPECIFIC CONDITIONS, if any, and their updates, according to the generally accepted rules of good faith, morality and public order.

Similarly, the USER EXPRESSLY agrees:

  1. Not to include content that may infringe the fundamental constitutional rights and public liberties recognized in our legal system.
  2. Not to include videos, comments, etc. that promote, incite or justify any type of criminal, illegal, unlawful, obscene or violent activity.
  3. Not to include fake content that violates third party rights or promotes violent, criminal, xenophobic, libellous activities, etc.
  4. Not to make use of the WEBSITES for illegal purposes.
  5. Not to perform any activity that may violate any intellectual or industrial property rights.
  6. Specifically, not to post on the WEBSITES any content that contains software or other material protected by intellectual property laws (or by rights of privacy) unless the USER holds the ownership of such materials and/or controls the rights thereto, has received the necessary express consents from whoever is concerned, or its use is covered by any of the legal limits or exceptions copyright.
  7. Not to falsify or delete any author attributions, legal references or warnings or notices of ownership or labels of the origin or source of the software or other material contained in a file posted on the WEBSITES.
  8. Not to make comments that include threats, humiliation, insults or might annoy any person, company or institution, whether a user or otherwise.
  9. Not to publish or offer to sell or buy any goods or services for business purposes, unless such service is expressly permitted.
  10. Not to conduct or forward surveys, contests, chain letters or pyramid schemes.
  11. Not to download, reproduce, copy or distribute the content of the TODEVISE WEBSITES without the prior consent and authorization of the owner of such content.
  12. Not to include links that lead users to sites where the content violates the law or any third party rights.
  13. To comply, where applicable, with the rules for payment of any services that so require.
  14. Not to use mechanisms, software or scripts that may affect the operation of the WEBSITES.
  15. Not to block, overwrite or modify content posted by other USERS.
  16. Not to restrict or inhibit other USERS from using and enjoying the communication services.
  17. Not to upload files that contain viruses, corrupted files, or any other software or programmes that may damage the operation of another USER's computer.
  18. To follow any code of conduct or other guidelines which may be applicable to any WEBSITE service.
  19. Not to collect information about other USERS without their consent.
  20. Not to use any of the content, data, materials and information contained on the WEBSITES for purposes that are illegal and / or contrary to these GENERAL CONDITIONS, the PRIVACY POLICY and the SPECIFIC CONDITIONS, if any, and their updates, according to the generally accepted rules of good faith, morality and public order.
  21. Not to access, tamper with or use non-public areas of the WEBSITES, or of the computer systems or technical systems of TODEVISE.
  22. Not to review, scan or test the vulnerability of any system, or connect, transfer or cross any security measures established in the WEBSITES.
  23. To pay for the items that are purchased, unless the seller has significantly modified the item description after bidding, a clear typographical error has been committed or the seller's identity cannot be authenticated.
  24. To send the items sold, unless the buyer fails to meet the established conditions or the identity of the buyer cannot be authenticated.
  25. Not to change the price of an item or interfere with the ads of another user.
  26. Not to circumvent or manipulate our fee structure, the billing process or the fees owed to Todevise.
  27. Not to publish false, inaccurate, misleading, defamatory or libellous content (including personal information).
  28. Not to take actions that may harm the voting or rating systems (such as displaying, importing or exporting information about votes outside our Websites or using it for purposes unrelated to Todevise).
  29. To consult the current rates established by TODEVISE for trading in goods and services among users.

TODEVISE reserves the right to refuse and/or cancel, without notice, access to any USER who does not respect the provisions of the PRIVACY POLICY, the GENERAL CONDITIONS and the SPECIFIC CONDITIONS applicable to each case, the provisions of existing laws or who acts in a way deemed contrary to good practices and/or customs.

In any case, the USER is responsible for the breach of the provisions of the PRIVACY POLICY, the GENERAL CONDITIONS and the SPECIFIC CONDITIONS applicable to each case, or other legal standards

The user is not entitled to claim any compensation of any kind (direct or indirect) for temporary interruptions or permanent suspension of the WEBSITES or any content, products or services offered therein, TODEVISE declining all responsibility, whether the interruptions or suspensions have occurred due to internal or external causes.

8. CONTENTS PROVIDED BY USERS

USERS that post any content on the WEBSITES, certify that they are rightful owners and/or licensees of existing rights over such content in general and, in particular, image rights, intellectual and/or industrial property rights that may exist on the same or, where appropriate, that the use of these materials is covered by some limit or legal exception.

USERS reserve the rights of any content sent, posted or submitted on the WEBSITES. However, by sending, posting or submitting any content on the WEBSITES, users grant to TODEVISE a worldwide, non-exclusive, royalty-free licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content, in the form of provision and in order to allow the operation of the WEBSITES as described in these conditions.

TODEVISE may modify or adapt the contents of the user in order to transmit, display or distribute it through the network, and in various media and/or make the necessary changes to adjust and adapt such content to any requirements or limitations of networks, devices, services or media.

USERS are solely responsible for any content and the use made thereof on the WEBSITES, including the use of their content by other USERS and associated third parties; so if you do not have the right or legitimacy for the use of a specific content you should not post it on the WEBSITES.

TODEVISE does not approve, support, represent or guarantee the legality, truth, accuracy or reliability of any content or statement posted by the USER on the WEBSITES, or endorse any opinions expressed therein, the USER that has posted them being solely responsible for them.

TODEVISE reserves the right to remove, without notice, any content and/or comments that are deemed to violate the PRIVACY POLICY, GENERAL CONDITIONS and SPECIFIC CONDITIONS or the current law applicable to each case, or that are inconvenient to and/or violate the rights of third parties.

TODEVISE cannot control each and every one of the contents published, so it cannot assume responsibility for them, the USER that has disseminated such contents being solely responsible for the latter.

If an injured third party is aggrieved by a comment and/or content posted by a USER on the WEBSITES it may notify TODEVISE, which shall review such a claim and, if appropriate, remove the comment and/or content reported without notice.

Any USER that inserts a comment and/or content that violates the PRIVACY POLICY, the GENERAL CONDITIONS and SPECIFIC CONDITIONS and/or current law, should be aware that they must take responsibility for the damages and consequences thereof.

TODEVISE shall pay no compensation for the use of any content posted by USERS on the WEBSITES; therefore, the USER is warned to refrain from posting any content whose use is subject to any compensation.

9. PRIVACY

If you post videos, photographs or personal texts, you should be aware that these are accessible by many users and can even be redistributed over the network; hence, caution should be exercised in the content thereof. In your personal content, it may be possible to see or identify third parties who do not wish to appear on the Internet or minors the disclosure of whose image and/or personal data is not permitted. In these cases you should refrain from posting such content on the WEBSITES.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY

The intellectual property rights covering the WEBSITES and/or content, graphics, logos, designs, images and source codes used for their programming and design contained therein, as well as any brand names, trademarks and industrial designs contained therein, are the exclusive property of TODEVISE and are all protected by law.

Similarly, all audio-visual, musical or other content offered on the WEBSITES belong to TODEVISE or the legitimate owner thereof, all being protected by the applicable national, community and international law.

No reproduction, distribution, public communication, transformation and/or publicizing of all or part of the WEBSITES and/or its contents, graphics, logos, designs, images and source codes used for programming and design, brand names, trademarks and industrial designs is permitted without the prior express authorization of the rightful owner.

By downloading the contents, products and/or services of the WEBSITES, the USER does not acquire any rights therein, and may simply enjoy them in their private and family context, under the GENERAL CONDITIONS and the SPECIFIC CONDITIONS established in each case.

Any other use, access, reproduction, distribution, public communication, transformation, translation, rent, sale, commercial use or making available to third parties in any way, especially on a computer network or via remote access technologies, of all or part of the content, products and/or services included in the WEBSITES is strictly prohibited.

The unauthorized use of content, products and/or services of this website and any breach of the intellectual or industrial property rights of its contents, products and/or services will lead to the corresponding legal responsibilities.

If you detect any activity that might violate any intellectual or industrial property right or any other rights, please get in touch via the contact form on the e-mail info@todevise.com

11. PROCESSING OF PERSONAL DATA

TODEVISE guarantees that the processing of the personal data of users who register on the website will be in accordance with the provisions of Act 15/1999 of 13 December on the Protection of Personal Data and of the PRIVACY POLICY.

You have the right, at any time, to access, modify and, if it is the case, delete all the personal information through written communication sent to Tessaractic SL,Av. Sant Francesc 21, Girona, 17002, Spain. You can also contact us by sending an email at info@todevise.com.

12. LIABILITY

TODEVISE only offers USERS a virtual space where they can mediate and communicate with each other.

Hiring of services and/or products is done between users on their own behalf, TODEVISE simply offering a virtual space to enable the exchange of information between users.

Specifically, TODEVISE is not liable for the accuracy of information supplied by USERS regarding the services or products offered, nor is it liable for the integrity of the product or service traded between users.

TODEVISE is not responsible for the management of payment for services or products traded between users, and is not responsible for any activity related to the transport of the products, an issue that also corresponds to the users involved in each of the transactions.

TODEVISE is not the owner or manager of content posted on the WEBSITES or included in third party websites which may be accessed through links; so it is not responsible for such content, each USER acknowledging his sole responsibility for the latter.

TODEVISE, within its policies for the admission of USERS, requires the integrity, honesty, social responsibility and moral strength of each one, as well as the accuracy and/or legality of the content posted on the WEBSITES.

TODEVISE is not responsible for the misuse of the content posted on the WEBSITES, or the misuse of WEBSITES themselves, the responsibility being solely that of the USER who has made such misuse.

Similarly, TODEVISE disclaims any liability arising from the exchange of information between USERS through its WEBSITES. Responsibility for the statements published on the WEBSITES corresponds to those who make them.

Also, TODEVISE assumes no liability for the disclosure, provision to third parties and/or downloading of any content entered by USERS, such liability corresponding to the USER.

TODEVISE will cooperate, if required by court order or by the relevant authorities, in the identification of those responsible for uses that violate the law.

TODEVISE also disclaims any liability for any interruption of the WEBSITES that may be caused by the updating or improvement thereof or for external reasons.

USERS shall not hold TODEVISE, its officers, directors, agents and employees, liable for any claim or demand of any third party related to the activities promoted within the WEBSITES or for breach of these GENERAL CONDITIONS, PRIVACY POLICY and/or SPECIFIC CONDITIONS, and other regulations that are understood to be incorporated herein, or for violation of any laws or third party rights.

13. LINKS AND COOKIES

Sometimes, these WEBSITES use "cookies", i.e. small data files generated on the USER's to obtain the following information: 1) Date and time of the last time the USER visited the website; 2) design and content chosen by the USER on his first visit to the website; 3) Security elements involved in controlling access to restricted areas; and 4) Other similar circumstances. You can prevent the generation of cookies by selecting the appropriate option in your browser. However, TODEVISE is not responsible if the deactivation thereof impairs the functioning of the WEBSITES.

It is also possible for the USER to find other companies advertising on WEBSITES. These companies may use "cookies" and "web beacons" to collect non-personal information about visits made to the WEBSITES, in order to send advertising to the USER.

If you click on an advertisement, link or banner while browsing one of the WEBSITES, you may be redirected to another website whose privacy policy is beyond the control of TODEVISE; therefore, it is advisable for you to check the privacy policy of these websites to find out how they process your personal data.

It is prohibited to include content or services on third party websites that may undermine the image of TODEVISE, which reserves the right to prohibit, restrict, or require the cancellation of links to its websites, when it deems appropriate, without in any way being liable to pay any compensation for this reason.

14. SEVERABILITY OF CLAUSES

If any clause in these GENERAL CONDITIONS is declared totally or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or unenforceable, the rest of the GENERAL CONDITIONS remaining valid, the provision concerned, or part thereof that is affected, being considered void.

14a Changes to the General Conditions

TODEVISE may make changes to these General Conditions of Use at any time. When these changes are made, TODEVISE will publish a new copy of the Conditions on the WEBSITE. We recommend you to view the aforementioned Conditions each time you access the WEBSITES, due to the changes that may occur in them.

You acknowledge and agree that if you use the services after the date of modification of the General Conditions of Use, TODEVISE will consider that the use of its services constitutes acceptance of the updated conditions.

14b Termination of your relationship with TODEVISE

The General Conditions of Use of the WEBSITES continue to apply until termination of the relationship between the USER and TODEVISE, at the request of either party, in accordance with the following provisions.

If you want to terminate your relationship with TODEVISE, you may do so by closing your account using the system enabled for the purpose. The closure of the account does not imply removal of the content from the website. If you do not want such content to continue being published you must remove it.

TODEVISE may terminate its relationship with the USER at any time when:

  • a. The USER fails to comply with any provision contained in these General Conditions of Use (or acts in manner which clearly shows that he intends to do so or will be unable to comply with the terms thereof);
  • b. TODEVISE is compelled to do so by law or by order of the relevant authority (for example, when the provision of SERVICES to USERS is, or becomes, unlawful);
  • c. TODEVISE no longer provides the SERVICES to the USERS in their country of residence or the country from which the USER uses these SERVICES;
  • d. The provision of the SERVICES to USERS by TODEVISE is no longer, in the view of the latter, commercially viable.

The termination of these General Conditions of Use does not affect the rights and legal obligations that apply to both USERS and TODEVISE indefinitely.

15. APPLICABLE LAW AND JURISDICTION.

For any question or discrepancy arising on such content, activities, products and services contracted, TODEVISE and the USER, expressly waiving any other jurisdiction that may apply, expressly submit themselves to the application of Spanish law, the Spanish courts having equal authority, with express submission to the jurisdiction of the Courts of Barcelona, unless applicable law imperatively determines another jurisdiction or different legislation.

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