Terms of Service

Thank you for using BetweenCreation.com ("BetweenCreation", "we" or "us").

1. Definitions

The terms below shall have the following meanings:

“Account” means the User’s profile, which contains personal information, including but not limited to name, activities, events and photos.
“Content” means data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that You submit, post and display on the Website.
“Creative Commons License” is any license available at www.creativecommons.com.
“Privacy Policy” refers to the privacy policy posted on the Website or the one that replaces it in the future, to which You are subject.
“Services” means all those services provided by the Website, including but not limited to creating personal profiles online, posting your photographs and art works and communicating with others in the art community globally.
“Terms and Conditions” means the terms and conditions that govern the relationship between us and the Users of the Services.
“Website” means the web page www.betweencreation.com or the one that replaces it in the future.
“You” means the final user of the Services and, when appropriate, it is referred to as “you”, “your”, “yours”, “Customer” and/or “User”.

2. Interpretation

In these Terms and Conditions, (i) headings shall be for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions; (ii) if the context may so require, the words used in the singular form shall include the plural form and vice versa and the words used in the feminine genre shall include the feminine, masculine and neutral forms; (iii) all the references to clauses shall refer to the clauses of these Terms and Conditions; (iv) the phrases “the same”, “under the same” and similar ones shall refer to these Terms and Conditions as a whole and not particularly to any of its provisions; and (v) the phrases “include”, “including” and similar ones shall mean “including, without limitation”, except as otherwise expressly stated.

3. Acceptance of the Terms and Conditions

The use of the Services is subject to these Terms and Conditions. You must read and understand these Terms and Conditions before using the Services. By using the Services, You agree to these Terms and Conditions, which are binding. If You do not agree with these Terms and Conditions, you must refrain from using the Services.

Unless You have entered into a specific agreement with us for the use of the Services, we reserve the right to change these Terms and Conditions at any time and without notice, by publishing such modifications on the Website. All the terms modified will become effective 5 (five) business days after their publication. The mere use of these Terms and Conditions imply the acceptance of the modifications of the Terms and Conditions. If You do not accept such modifications You must refrain from using the Services and inform so within 5 (five) business days after the changes have become effective, by communicating the situation to us in accordance with the provisions of clause 12.

You must refrain from using the Services if the laws of your country prohibit their use because You are not of legal age or simply because the Services are banned.

4. Provision and Termination of the Services

We reserve the right to modify or terminate the Services for any reason without prior notice at any time.

5. Registration Data

You agree to provide us with complete and accurate registration information as prompted and to update this information as required to keep it current. You agree to remain solely responsible for all such information including your choice of username, should it be considered an infringement of the copyright and/or trademark rights of any company, organization or individual.

6. Use of the Services

Our Services are available only to, and must be used by, Users who can execute legally binding contracts under the applicable law.

You must not use the Services for unlawful, offensive, inappropriate to minors or indecent purposes, including but not limited to, threatening, harassing, libelous, defamatory, deceptive or fraudulent purposes. We reserve the right to report any unlawful use of the Services to the appropriate authorities as well as the information about Your identity.

You must not submit, post and display on the Website unlawful, offensive, inappropriate to minor or indecent purposes, including but not limited to, threatening, harassing, libelous, defamatory, deceptive or fraudulent Content or Content that violates intellectual property rights or these Terms and Conditions. You must only submit, post and display Content to the Website that you have the right to submit, post and display. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit. Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise display by You on or through the Websites, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights.

You are solely responsible for the Content submitted, posted and displayed on the Website and we reserve the right, at our sole discretion, to remove such Content.

You must not modify, adapt or hack the Website or any other website so as to falsely imply that it is associated with the Website.

You must not create or submit unwanted email or transmit any worms or viruses or any code of a destructive nature to any Website’s Users.

You are solely responsible for anything that happens through your Account. Your must keep your password confidential and not disclose it. You shall not use other Users’ Accounts and do not let others use your Account. You are prohibited from selling, trading or otherwise transferring your Account or any information therein to another party.

For the purpose of detecting violation of these Terms and Conditions, we may monitor the use of the Services. We reserve the right to block all Content and/or suspend and/or cancel the Services in case of detecting violations or, at our sole discretion, to protect the Services, us, ours affiliates, representatives and/or employees from any damage and/or harm that may arise from such violations.

We reserve the right to link the Website and/or the Content to other websites, including, but not limited to http://www.facebook.com and http://twitter.com.

7. Privacy

Account information, registration data and other information about You is subject to our Privacy Policy.

8. Proprietary Rights

The Content submitted, posted and/or displayed on the Website by You will be owned by You and may be protected by copyrights, trademarks, or other intellectual property rights and laws.

We shall not claim any ownership rights to the Content that You submit, post and/or display on the Website. After posting the Content, You continue to retain all ownership rights to such Content, and You continue to have the right to use your Content in any way You choose. By submitting, posting and/or displaying any Content on or through the Website, you hereby grant to us a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services and related promotional activity.

We do not revise the contents published on the Services to check if they include illegal content or if they violate any proprietary rights and it is not our obligation to perform any kind of control. However, if You believe that any material from our Services infringes a copyright, You shall give us written notice of such circumstance by sending an e-mail to copyright@betweencreation.com.

When you submit, post and/or display the Content on the Website, You can choose a Creative Commons License according to the restrictions You wish to apply to your Content. We, our affiliates, directors, representatives or staff, shall in no case be liable for Creative Commons License’s content, use and/or violation.

9. Limitations of Liability

We do not control or know the Content published on the Services or the Contents, which is the sole responsibility of the User who submit, post and display Contents on the Website. You may be exposed to offensive, illegal or improper content for children, for which we will not take any liability whatsoever.

You use the Services at your sole risk. You agree that the Services are provided on an "as is" and “as available” basis. We, ours affiliates, directors, representatives or staff will in no case be liable for damages including, but not limited to, damage to property, loss of data, loss of profit or any other damage that may arise from the use or inability to use the Services.

10. Indemnification

You shall indemnify, defend and/or hold us, our affiliates, directors, employees and third parties harmless from any liability and expenses, including reasonable attorneys and other professionals’ fees, arising from and/or related to the violation by You of these Terms and Conditions, applicable laws and/or regulations and/or third parties’ rights in relation to the use or inability to use the Services.

You will be liable for the Content submitted, posted or displayed on the Website, whether they have been issued by You or not.

You will be liable for all obligations and/or damages arising from the failure to provide us with accurate, updated and complete information and for the failure to maintain the information updated.

11. Communications

All communications from the User to us shall be sent to info@betweencreation.com.

12. Miscellaneous

These Terms and Conditions and the contractual relationship between us and the User arising from them will be governed by the laws of Argentina. Should any disagreement, controversy or conflict arise in relation to the interpretation of or compliance with these Terms and Conditions and/or the contractual relationship between us and the User arising from them, the provisions of Clause 14 will apply.

These Terms and Conditions constitute the entire agreement between You and us and supersede all prior agreements and/or understandings, whether oral or written, in relation to the Services.

If any clause(s) of these Terms and Conditions is declared null or unenforceable by a court of law, the remaining clauses will remain valid and enforceable.

Failure by us to exercise any rights or powers under these Terms and Conditions or as set forth by law will not be deemed as a waiver of such rights.

You will not be entitled to assign these Terms and Conditions or any right acquired under such Terms and Conditions. We, at our sole discretion and without any prior notice, may assign these Terms and Conditions or any right acquired under them.

13. Dispute Resolution and Arbitration

This clause sets forth that all disputes between us, including ours subsidiaries and branches, and You (the “Parties”) will not be resolved by a court or trial by jury, but by an arbitrator in accordance with the remaining provisions of this clause 13.

This arbitration clause has the largest extent permitted by law and shall be broadly interpreted to the maximum extent permitted by law.

Any disputes and claims that may arise between the Parties, including but not limited to the disputes and claims arising from the use of our Services, the interpretation, qualification, enforcement, performance, default, or validity of these Terms and Conditions, and any matter, foreseeable or unforeseeable, related to the foregoing (the “Dispute”), shall be finally settled under the Rules of the General Arbitration Court of Buenos Aires’ Stock Exchange (Tribunal de Arbitraje General de la Bolsa de Comercio de Buenos Aires), in accordance with the rules in force for legal arbitration, which the Parties declare to know and accept. The Parties waive their right to appeal or otherwise challenge the arbitration award to the fullest extent permitted by law. The request of interim orders, attachment or any other request to the courts to secure assets or evidence made to ordinary courts prior to the commencement of the arbitration, or the summoning or attendance to mandatory mediation hearings under Argentine Law No. 24,573 (which a Party may, but shall not be obligated to, attend) shall not be deemed as a waiver of this arbitration clause.

The place of arbitration shall be Buenos Aires, Argentina, and the arbitration proceedings shall be conducted in the Spanish language.

The arbitration shall be the sole and exclusive forum for resolution of the Dispute, controversy or claim, and the award shall be final and binding. The Parties agree that the award may be enforced in any jurisdiction in which either party does business or its assets are located.

Except to the extent necessary to enforce these Terms and Conditions or the arbitrators’ award, to enforce other rights of the Parties, or as required by law, the Parties, their employees, officers, directors, counsels, consultants, and expert witnesses, shall maintain as confidential the fact of the arbitration proceeding, the arbitral award, contemporaneous or historical documents exchanged or produced during the arbitration proceeding, and memorials, briefs or other documents prepared for the arbitration.

The obligations of the Parties under this clause 13 shall survive the expiry or earlier termination for any reason of these Terms and Conditions.Thank you for using BetweenCreation.com ("BetweenCreation", "we" or "us").