TERMS AND CONDITIONS OF THE CATALYSTA SERVICE
Last Updated: January, 2022
1.1. These Terms and Conditions of the Catalysta Service (the “Terms of Service”), regulate the access and/or use that you make, as a natural or legal person, as a user( the "User"), client (the "Client"), artist (The "Artist"), art gallery (“Art Gallery”) and/or merchant (“Merchant”) of the virtual platform of which CATALYSTA LLC is the owner, composed of the www.catalysta.la (the “Website" or "Catalysta website"), made available by Catalysta LLC ("Catalysta"), with domicile at 3400 SW 27 AVE APT 303. In particular, the User, the Client, the Artist, the Art Gallery, the Merchant and Catalysta, each one, may be considered as the "Party" and, jointly, as the "Parties", as used in these Terms of Service.
2.1. These Terms of Service will be available on the Catalysta Website, for the reading of Users, Artists, Art Galleries and/or Clients at any time.
2.2. In the case of Art Galleries, Clients and/or Artists, these Terms of Service will be displayed in front of them for their express acceptance prior to using and accessing the services of the Website, which will be collected by electronic means by filling in and/or the marking of acceptance boxes, expressly enabled on the Website for this purpose.
2.3. These Terms of Service regulate:
2.3.1. Use of the Catalysta Website by Users.
2.3.2. The contractual relationship of a commercial nature that links the Users with Catalysta for having access and making use of the services of the Website. If the Users do not accept these Terms of Service, they will not be able to use or access the services provided by the Website.
2.4. These Terms of Service expressly replace the previous agreements or commitments entered into between the Parties in relation to the use of the Website.
2.5. Catalysta may immediately terminate these Terms of Service or any of the services provided by the Website or, in general, stop offering or denying access to the services, which are described below, in whole or in part, at any time and for any reason, unilaterally.
3.1. For the purposes of these Terms of Service, the following terms will be used in capital letters or initial capital letters, in plural or singular, attributing to them the following meaning:
3.1.1. Advertising Material. Information, images, advertisements and other advertising or promotional material.
3.1.2. ARCO Rights. Rights of access, rectification, cancellation and opposition to the processing of personal information.
3.1.3. Art / Artworks. It is the object produced by applying a set of ideas, concepts and techniques for aesthetic or artistic purposes. The Art that will be exhibited and sold through the Website, will be considered as Art of Latin America, since it must have a style and characteristics that find inspiration in the culture, society, politics, native traditions, religions and landscape of South America, Central America, the Caribbean, and Mexico. This Art will be expressed in painting, photography, sculpture, printing, drawing and / or mixed technique.
3.1.4. Artist. Any natural or legal person who practices any of the following fine arts: painting, photography, sculpture, printing, drawing and/or mixed technique.
3.1.5. Art Gallery. Any legal entity that has a physical or virtual exhibition space for the display and sale of the Artists’ Artworks.
3.1.6. Artist Information. Information requested from the Artist to create an Artist Account on the Website, such as name, date of birth, tax identification number, address, telephone, email, geolocation and, if applicable, details of the bank account that the deposit of the sale of the Art will be made to.
3.1.7. Art Gallery Information. Information requested from the Art Gallery to create an Art Gallery’s Account on the Website. The information requested includes the name of the Art Gallery, date of establishment or founding, founder’s name, general information about the Art Gallery’s history and the Artworks exhibited in it, tax identification number, address, telephone, email, geolocation and, if applicable, details of the bank account that the deposit of the sale of the Artworks will be made to.
3.1.8. Catalysta Services. Services provided by Catalysta in terms of the provisions of section 4 of the Terms of Service.
3.1.9. Clarification. Any complaint, clarification or report of events that Users wish to make to the Catalysta Service and Support Center.
3.1.10 Client. Any natural or legal person who has access to the Catalysta website through a Client Account, in order to know and/or buy Artworks of the Artists and/or Art Gallery that are exhibited through the website.
3.1.11. Client Account. User account that must be created by the Client, with their information, to access the Catalysta services through the website.
3.1.12. Client's Information. Information requested from the Client to create a Client Account on the Website, such as name, date of birth, address, telephone, email, geolocation and financial and payment information.
3.1.13. Content. Any images, text, data, audio, videos, graphics, computer codes, software, as well as any material provided on or through the Catalysta Website, including Artworks.
3.1.14. Copyright. Copyright is a type of intellectual property right that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. Works are original when they are independently created by a human author and have a minimal degree of creativity. Independent creation simply means that you create it yourself, without copying. A work is fixed when it is captured (either by or under the authority of an author) in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time.
3.1.15. Copyright Agent. Natural person designated by Catalysta, whose function is to receive notifications from third parties related to the claim of copyright infringement.
3.1.16. DMCA. Digital Millennium Copyright Act.
3.1.17. DMCA Notice. Written notification that may be sent to the Copyright Agent by the User who believes that any Content shared on the Catalysta Website has been used in a way that constitutes copyright infringement.
3.1.18. Form. Application form with information requirements that the Merchant must provide as the first step to create an Art Gallery and/or Artist Account and become a Merchant.
3.1.19. Fraudulent Transactions. Any act carried out by the User to obtain an undue profit or benefit, including, without limitation (a) the impersonation of identities; (b) the creation of fake accounts or double user accounts; (c) the request or request of the realization or acceptance of simulated or fictitious, unusual or non-existent transactions; (d) the entry of false financial or banking information, or previously stolen from third parties; (e) conspiring with any other User to carry out fraudulent conduct; (f) improper use of promotional codes; and (g) in general, any isolated or repeated act that has the purpose of deceiving the Website and/or Catalysta to obtain an improper profit.
3.1.20. Guest Client. Any natural or legal person who has access to the Catalysta Website without having to create an account, in order to know the Artworks of the Artists and/or Art Gallery available on the Website and, where appropriate, to eventually make a purchase.
3.1.21. Indemnified Party. Partyresponsible for compensating Losses caused to the Indemnified Party. This term includes its affiliates and their respective directors, officials, employees and agents.
3.1.22. Indemnifying Party. Party entitled to compensation from the Indemnifying Party for Losses caused.
3.1.23. Licensor. Owner of the rights over its Trademarks.
3.1.24. Licensee. Party that has the authorization to use the Licensor's Trademark.
3.1.25. Logistics Company. It is a third party designated by Catalysta that acts as an intermediary between the Merchant and the Client to store and carry out the transfer of the Artworks that are purchased through the Website.
3.1.26. Loss. Losses, damages, expenses and reasonable attorneys' fees, derived from claims of third parties to the Parties, due to negligent or malicious conduct of the Indemnifying Party, in contravention of the Terms of Service.
3.1.27. Merchant. The Artist or the Art Gallery that sells the Artworks and that has been subject to the registration procedure indicated in section 22.
3.1.28. Merchant Account. User account that must be created by the Merchant, with their information, to access the Catalysta Services through the Website.
3.1.29. Payment Processor. It is the third party designated by Catalysta to perform the processing of credit and / or debit card transactions between the Merchant and the Clients
3.1.30. Resource. Written resource that the User who is the owner of the deleted Content or whose access has been deactivated, should direct the Copyright Agent, if they consider that such Content has not infringed copyright, or that its use is authorized by them, by the owner of the rights to authorize it, or by law.
3.1.31. Service Fee. Fee that corresponds to Catalysta for providing the Catalysta Services to the Art Gallery and/or the Artist. Additionally, Catalysta will cover the amount of the corresponding Payment Processor Fee with part of the Service Fee that it will receive. Consequently, the Service Fee will be equivalent to the percentage defined in Section 26 of the total sale price of each Artwork sold through the Website.
3.1.32. Trademark. Trademarks, service marks, trade names, logos, commercial notices, slogans, and any other distinctive signs of the Parties.
3.1.33. User. Any natural person who has access to the Website, whether as an Art Gallery, Artist, Client, Guest Client or in any other way.
4.1. The services provided by Catalysta are technological services of interconnection between the Merchants and Clients, through the Catalysta Website, by means of which the Artist may make known to Users and sell to Clients the Artworks developed by themselves or, in the case of Art Galleries, by the Artists that exhibit their Artworks in such Art Galleries. On their side, the Client may browse and, where appropriate, buy the Art sold by the Merchant. Therefore, the sale of the Artworks will be carried out between the Merchant and the Client and, where appropriate, Catalysta will only act as an intermediary for the communication and processing of payments between said Parties.
4.2. Catalysta reserves the right to collect any information on any request regarding the exhibition, purchase and sale of Art on the Website in order to analyze trends, as well as to guarantee, operate and improve the services that Catalysta offers.
5.1. Access and/or use of the Catalysta Website by Users, as well as access and/or use of the Catalysta Services by Clients and Merchants, are only available to people who have the legal capacity to execute contracts. Persons who do not have the capacity, minors without the authorization of their parent or guardian or users of the website who have been temporarily suspended or permanently disabled shall not be users and, therefore, may not use or access the Website.
6.1. These Terms of Service expressly replace the previous agreements or commitments that have been entered into with the Merchant and the Client.
6.2. Catalysta reserves the right to immediately terminate these Terms of Service, or any of the services offered to the Merchant or the Client on the Website, in whole or in part, at any time and for any reason. Where appropriate, the provisions of section 15.4 of the Terms of Service will be applicable. Additionally, in the event that Catalysta terminates these Terms of Service, Catalysta will remain in contact with the Merchant and/or the Client, in order to provide support in any pending delivery process in relation to an Artworkthat the Merchant sells to the Client.
6.3. Catalysta may modify its services and these Terms of Service when it deems appropriate. The modifications will be deemed to have been effectively notified to the Users as soon as the new Terms of Service are updated on any of Catalysta's digital platforms, meaning the web pages or, where appropriate, the mobile applications developed by Catalysta. The continued access or use of the Catalysta Services after the update and publication of the new Terms of Service will imply the granting of the consent of the Merchant and/or Client, and will be binding with respect to the new Terms of Service and their modifications.
6.4. Catalysta may establish certain additional terms and conditions for specific concepts, such as refund mechanisms, offers, activities, special events, among others. These additional conditions will be made known to the Merchant and the Client. The additional conditions, during the term of their validity, will be considered an integral part of these Terms of Service.
7.1. Catalysta may, at any time and when it deems it convenient, assign all or part of its rights and obligations derived from these Terms of Service. Pursuant to said assignment, Catalysta is released from any obligation in favor of the Merchant or the Client established in this document.
8.1. As the case may be, the Indemnifying Party will indemnify, defend and hold harmless the Indemnified Party from any claim or Losses derived from any third party claim that arises or is related to (a) the negligence or malicious conduct of the Indemnifying Party and its employees or agents in relation to the obligations derived from these Terms of Service; (b) any claims that the Indemnifying Party breached its representations and warranties included in the Terms of Service; or (c) any claims that the Content infringes copyrights, or the Indemnifying Party's Trademarks infringe the intellectual property rights of third parties, only if such Trademarks were used by the Indemnified Party in the manner approved by the Indemnifying Party.
8.2. The Indemnified Party must notify the Indemnifying Party of any demand or claim that was subject to compensation in accordance with the provisions of this section, no later than within 5 (five) calendar days from when the Indemnified Party became aware of the damage, demand or claim object of compensation
8.3. The Indemnifying Party shall assume the obligation to defend itself against any claim or lawsuit through the attorney it has appointed and whose fees are within the range of the average market cost, so that they are affordable for the Indemnified Party.
8.4. The Indemnifying Party shall not reach any judicial or extra-judicial agreement, or award, without the prior written approval of the Indemnified Party, who may not unreasonably deny it.
8.5. The Indemnified Party shall cooperate with the Indemnifying Party in the defense of any claim, at the cost of the Indemnifying Party.
9.1. The Catalysta Services are provided “as is” and “as available”.
9.2. Catalysta disclaims all representations and warranties, express, implied, or statutory, not expressly set forth in these Terms of Service, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9.3. In addition, Catalysta makes no representations or warranties regarding the reliability, timeliness, quality, suitability or availability of the Catalysta Services or any of the services or goods ordered through the use of the Catalysta Services, or that the Catalysta Services will not be interrupted or error-free.
9.4. Catalysta does not guarantee the quality, suitability, safety, or skill of third-party providers.
9.5. Catalysta agrees that all risk arising from your use of the Catalysta Services and any services or goods requested in connection with them will be solely yours, to the maximum extent permitted by applicable law.
10.1. The inactivity by Catalysta in the exercise of any right or action derived from these Terms of Service, at no time shall be construed as a waiver of said rights or actions.
11.1. Catalysta grants the User a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and/or use any content, information and related material that may be made available through the Website, in each case only for your personal use. The validity of this license will be subject at all times to strict and total compliance with these Terms of Service. Catalysta reserves any rights that have not been expressly granted by this document.
11.2. Catalysta grants the Merchant a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) access and/or use the Website to connect, publicize and/or sell the Artworks to the Client; and (b) access and/or use of any content, information and related material that may be made available through the Website, in each case only for its personal use. The validity of this license will be subject at all times to strict and total compliance with these Terms of Service. Catalysta reserves any rights that have not been expressly granted by this document.
11.3. Catalysta grants the Client a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) access and/or use the Website to view and/or purchase the Merchant’s Artworks; and (b) access and/or use of any content, information and related material that may be made available through the Website, in each case only for its personal use. The validity of this license will be subject at all times to strict and total compliance with these Terms of Service. Catalysta reserves any rights that have not been expressly granted by this document.
11.4. Catalysta will have the right to definitively cancel the User's access to the Website and, where appropriate, to carry out the applicable legal measures, in the event that the User engages in any of the following behaviors:
11.4.1. Make improper or illegal or fraudulent use of the Catalysta website;
11.4.2. Access or attempt to access to restricted or unauthorized resources within the Website;
11.4.3. Use the Website for purposes that are illicit, illegal, contrary to the provisions of this instrument, harmful to the rights or interests of third parties, or that in any way may damage, disable, overload or prevent the normal use or enjoyment of the Website;
11.4.4. Cause damage to the Website or to the systems of its suppliers or third parties;
11.4.5. Introduce or disseminate or carry out attempted acts to distribute computer viruses or any other physical or logical systems that are likely to cause damage to the systems of the Website, its suppliers or third parties;
11.4.6. Access, use and/or manipulate, even in an attempt degree, Catalysta's information, third party providers and other Users;
11.4.7. Reproduce or copy or distribute any elements inserted in the Website, without the corresponding authorization from Catalysta; and
11.4.8. Perform or attempt to do reverse engineering, decompile or reverse compilation, disassemble, list, print or display the software, firmware, middleware or any other part of the source or compiled code that makes up the Website and any of its programs or components, or by any other means to obtain the source code or other proprietary information of the Website.
11.5. Likewise, the carrying out of Fraudulent Operations on the Website is strictly prohibited.
11.6. The User accepts that the availability and continuity of the operation of the Website may be interrupted or temporarily suspended by:
11.6.1. Lack of availability or accessibility to the Website due to improvements or updates;
11.6.2. Interruption in the operation of the Website due to computer failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, in the Internet system or in other electronic systems, produced in the course of its operation; and
11.6.3. Other damages that may be caused by third parties through unauthorized interference beyond the control of the website.
11.7. Notwithstanding the foregoing, the User acknowledges that the Website may not be available due to technical difficulties, internet failures, effects on the telecommunications networks, or due to any circumstance beyond Catalysta, for which the User agrees not to act against Catalysta for any of these situations.
12.1. Catalysta respects the intellectual property rights of third parties and, accordingly, expects any third party using the Catalysta Website to respect such intellectual property rights.
12.2. Pursuant to the DMCA, Catalysta will respond to third-party notifications regarding the claim of copyright infringement that are submitted directly to Catalysta's designated Copyright Agent, whose information is provided below.
12.3. Catalysta reserves the right to remove or disable access to Content shared on the Website that is infringing copyright, at any time, at its own discretion, without notice and without any liability to Catalysta. If necessary, Catalysta may terminate the contractual relationship it maintains with any User of the Website that infringes copyright.
12.4. In the event that the User considers that any Content shared on the Catalysta Website has been used in any way that constitutes copyright infringement, the User may send a DMCA Notification to the Copyright Agent including the following information:
12.4.1. Physical signature or electronic signature of the person authorized to act on behalf of the owner of an exclusive right, whose infringement is alleged;
12.4.2. Identification of the Content, the copyright of which is alleged to have been infringed, as well as information that allows such Content to be located on the Website;
12.4.3. Information that allows Catalysta to contact you, such as: address, phone number, or email;
12.4.4. A statement of good faith that the user believes that the content has been used in a manner that has not been authorized by the copyright owner or by the applicable law; and
12.4.5. A statement that the information set forth in the DMCA Notice is correct and that, under penalty of perjury, the User is the copyright holder or is authorized to act on behalf of the copyright holder whose copyright is alleged to have been infringed.
12.5. If the User is the owner of the Content that has been removed or whose access has been disabled, and the User considers that such Content has not infringed copyright, or that the use of the Content is authorized by the User, by the owner of its copyright, or by law, the User must provide the Copyright Agent with a Resource that includes the following information:
12.5.1. Physical signature or electronic signature;
12.5.2. Identification of the Content that has been removed or to which access has been disabled, as well as the location of the Content on the Website, prior to having been removed or its access disabled;
12.5.3. A statement, under penalty of perjury, in which the User represents in good faith that the removal or deactivation of the Content is the result of an error or incorrect identification of the Content; and
12.5.4. Name, address, telephone number of the User, and a statement in which you consent to be subjected to the jurisdiction of the Federal District Court of the judicial district in which your address is located, or, if your address is outside of the United States, from the judicial district in which Catalysta is located, and that you accept prosecution notice from the person who reported the alleged infringement or from such person's agent.
12.6. The Catalysta Copyright Agent designated to receive DMCA Notifications and Resources has the following contact information:
Address: 215 Hendricks Isle, Fort Lauderdale, FL 33301
Email address: darren@heitnerlegal.com
Phone Number: 954-558-6999
12.7. The User agrees that the DMCA Notifications or the Resources will not be valid if they are not sent to the Catalysta Copyright Agent, or if they do not include the material information required in the previous paragraphs. In order for your DMCA Notice or Clarification to be received on time, please send it by email.
12.8. In the event that the User shares a DMCA Notification with Catalysta, the User agrees that a copy of the same (including their name and contact information) may be sent to the person that the User alleges has infringed the Content.
12.9. The provisions of this section 12 are intended to comply with the rights and obligations established in the DMCA, including 17 U.S.C. § 512 (c), but does not constitute legal advice. In accordance with federal law, in the event that the User, knowingly, falsely declares that there is an infringement of the copyright of the Content shared on the Website, the User may be subject to criminal liability for perjury and civil penalties, including fines, court costs, and attorney's fees. In the event that the User is not sure whether they are (or is acting on behalf of) the owner of the copyright of the alleged Content, the User must consult legal advice regarding their rights and obligations, in accordance with the provisions of the DMCA and any other applicable laws. For more information regarding the DMCA, see the U.S. website. Copyright Office.
13.1. The User acknowledges and accepts that Catalysta is an independent entity from third party sponsors and advertisers whose Advertising Material may be published on the Website.
13.2. The User acknowledges and accepts that the Advertising Material is not part of Catalysta's own content. Likewise, the User hereby acknowledges and accepts that the Advertising Material is protected by the applicable laws on intellectual and industrial property.
14.1. Catalysta is not responsible for links to third party web pages that may be included on the Website. These links are only provided for the User's convenience and access to them is the sole responsibility of the Users.
14.2. The User may not generate any link from a web page that is not owned by them or that in any other way could suggest an association with or sponsorship of Catalysta. Catalysta will have the right to withdraw the redirection permission at any time.
15.1. Catalysta reserves the right, in its sole discretion, and without notice or notification to the User to:
15.1.1. Definitively terminate the relationship generated based on these Terms of Service; and
15.1.2. Terminate, deactivate and/or in any way render the Catalysta website without operation, without any liability to Catalysta, its affiliates or suppliers.
15.2. The Client registered with a Client Account on the Website, or the Guest Client, may stop receiving the services provided through it at any time, once they cancel their account on the Website.
15.3. Accordingly, the Merchant may stop using the Website and, consequently, stop receiving the services provided through it at any time, once the Artist cancels their account on the Website.
15.4. The User dissatisfied with the termination of these Terms of Service in relation to their use and / or access to the Website and / or the Catalysta Services, may contact the Attention and Support Center at support@catalysta.la and request the respective Clarification. Catalysta will have a period of 10 (ten) calendar days to resolve the corresponding Clarifications.
16.1. Catalysta will not be liable to the User, in accordance with this instrument, in the event that the Website cannot be used or the Catalysta Services cannot be provided due to unforeseeable circumstances or force majeure, including, but not limited to, fires, floods, hurricanes, storms, cyclones, earthquakes, epidemics, pandemics, strikes, wars, insurrections, riots, rebellions, closures, cyber attacks by hackers, the general revocation or the limitation to the public to use the software or programming language necessary to operate the Website.
17.1. These Terms of Service will be governed and interpreted in accordance with the current legislation of the State of California, United States of America, as well as in accordance with any other applicable regulation, where appropriate, for which the Parties expressly and irrevocably waive any right to be subjected to any other legislation that may be applicable by virtue of their present or future addresses or for any other reason or concept.
17.2. For all controversies, lawsuits, actions or litigation that arise or are related to these Terms of Service, the Parties expressly and irrevocably agree and consent to submit exclusively to the jurisdiction of the competent courts and tribunals in the City of San Francisco, California, United States of America, and in this act expressly and unconditionally waive, in the broadest terms allowed by law, any other jurisdiction that may correspond to them by reason of their current or future domiciles or for any other reason.
18.1. Under no circumstances will Catalysta, its affiliates, and their respective directors, officers, employees and/or agents be liable to Users and/or third parties for any damages and/or losses, including, without limitation, moral damages, compensatory damages, delays, both foreseen and/or that could or could not be foreseen, actual or future, owned separately or jointly, direct or indirect, incidental or consequential, and/or punitive, as well as any injury or bodily harm or emotional or psychological disturbance, or any loss of profits, income, revenues, business, data, use or other tangible or intangible loss derived from or related to (a) these Terms of Service; (b) the Catalysta Services; (c) the use or inability to use the Catalysta Services; (d) any conduct, compliance or non-compliance (virtual or non-virtual) of any other User or third party with respect to or in relation to the Catalysta Services; or (e) any Content, goods or services available on or through the Website, or in any other means related to the Catalysta Services (virtual or non-virtual), or from any third party.
18.2. Under no circumstances will Catalysta's liability to Users and / or third parties derived from or related to these Terms of Service or the Catalysta Services exceed the amount of USD$100 (One Hundred American Dollars).
18.3. The exclusions and limitations of liability provided in sections 18.1 and 18.2 above apply to any claims, whether based on guarantees, contracts, statutes, damages of any kind, including, without limitation, those mentioned in section 18.1, as well as claims based on any other legal criteria, regardless of whether the User and/or third parties have been warned or should have known about the possibility of such damages or losses, and even if these Terms of Service do not establish a sufficient mechanism so that the User and/or third party was warned or could have known about said possibility.
18.4. Applicable laws may not allow the exclusion or limitation of liability for certain types of damages referred to in section 18.1, therefore some of the exclusions and limitations established in this section 18 may not be applicable, in which case the liability of Catalysta will be limited to the maximum extent permitted by applicable laws.
19.1. The User expressly declares to have legal capacity to use the Website. Likewise, they declare that they have provided real, truthful and reliable information. Therefore, you expressly and unequivocally declare that you have read, that you understand and that you accept all the assumptions provided for and regulated in this written Terms of Service of the Website, therefore, by accepting these Terms of Service, you undertake to fully comply with the duties, obligations, actions and omissions expressed herein.
20.1. The Artists and/or the Art Galleries accept that, if they are natural persons, they act in their own right when accepting these Terms of Service.
20.1.2. If the Artists are a legal person who wish to exhibit and sell their Artworks through the Catalysta Website, said legal person must be registered as such on the Website and must appoint as a user of the Website a natural person who has the legal powers of representation to submit and accept the provisions of these Terms of Service.
20.1.3. If the Art Gallery is a legal person who exhibits throughout the Catalysta Website the Artworks created by different artists, the said legal person must be registered as such on the Website and must appoint as a user of the Website a natural person who has the legal powers of representation to submit and accept the provisions of these Terms of Service.
20.1.4. The Artists and/or the Art Gallery assume full responsibility for the use of the Website. Even if third parties access said technological platform through the Artists’ and/or Art Gallery’s device and/or account, all actions carried out by such means will be attributed in their entirety to the Artists or the Art Gallery.
21.1.Artist. The Artist declares that the Artworks displayed and, where applicable, sold through the Catalysta Website, are Artworks that have been created by the Artist; consequently, the Artist may not display and/or sell Artworks that have been created by a third party other than the Artist.
21.2. Art Gallery. The Art Gallery declares that the Artworks displayed and, where applicable, sold through the Catalysta Website, are Artworks that have been created by the artist who owns the Art Gallery and/or Artworks from other Artists that are exhibited in the Art Gallery. Therefore, the Art Gallery is not necessarily the owner of the Artworks that it exhibits; however, the Art Gallery is entitled to displaying and selling the Artworks through the Catalysta Website.
22.1. The Artist and/or Art Gallery may become a Catalysta Artist by completing the following steps:
22.1.1. Artist’s Application.
22.1.1.1. The first step that the Artist has to follow to become a Catalysta Artist is to fill out a Form, in which the Artist must share their full name, biography, place of birth and place of residence. The Artist should also share the portfolio of the Art created by the Artist.
22.1.1.2. The Artist declares that the Art shared in the Form has been created by them and that, by sharing this information, they are not in breach of the intellectual property rights of third parties.
22.1.2. Art Gallery’s Application.
22.1.2.1. The first step that the Art Gallery has to follow to become a Catalysta Art Gallery is to fill out a Form in which the Art Gallery must share information that includes the name of the Art Gallery, date of establishment or founding, founder’s name, general information about the Art Gallery’s history and the Artworks exhibited in it. The Art Gallery should also share the portfolio of the Art owned by the Art Gallery and/or the Artwork that the Art Gallery is entitled by other artists to exhibit and sell through the Catalysta Website.
Catalysta reserves the right to reject any Application request or to cancel a previously accepted Application registration, without being obliged to communicate or state the reasons for its decision, and without generating any right to indemnification or compensation.
22.1.2. Verification. Once the complete information of the Artist and/or the Art Gallery has been provided in the Application, Catalysta will carry out a verification process on the information shared by the Artist, as well as on the ownership of the intellectual property rights of the shared Art.
22.1.3. Profile Creation. Once the Artist and/or the Art Gallery has been admitted as a Catalysta Artist or Art Gallery, the Artist or Art Gallery will be able to create their profile on the Website. The above, in order for the Artist or the Art Gallery to have the power to share their Art on the Website, as well as to follow up on requests for the purchase of Art by Clients.
23.1. To access the Website, the Artist and/or the Art Gallery must create an Artist and/or an Art Gallery Account, where the Artist's Information and/or the Art Gallery’s Information, among others, will be requested.
23.2. The Artist and/or the Art Gallery guarantees and responds, in any case, to the veracity, accuracy, validity, authenticity and update of the corresponding Artist's Information and/or the Art Gallery’s Information.
23.3. In no case is Catalysta responsible for the accuracy of the Artist's and/or the Art Gallery’s Information. Likewise, Catalysta agrees that it will use the Artist's and/or the Art Gallery’s Information and will comply with the Privacy Policy established below.
23.4. Catalysta may require additional information or documentation in order to verify or confirm the Artist's and/or the Art Gallery’s Information, being able to temporarily or permanently suspend the Artist and/or the Art Gallery from the Website in the event that the corresponding Information could not be confirmed.
23.5. To access its Artist Account, the Artist and/or the Art Gallerymust enter the email address and a password, which they must always keep confidential. If the password is forgotten, it can be reset by clicking "Forgot your password?".
23.6. The Account is unique and non-transferable. The Artist and/or the Art Gallery is prohibited from registering or having more than one Account. If a breach is detected, Catalysta reserves the right to cancel, suspend or disable the corresponding Accounts.
23.7. The Artist and/or the Art Gallery is responsible for all transactions carried out in the Account, and must notify Catalysta immediately, reliably and in writing, of any unauthorized use of it, as well as any theft, disclosure or loss of the access data to the Website.
23.8. Catalysta ensures the protection of the Artist's and the Art Gallery’s Information; however, it will not be responsible for any fraudulent use that third parties may make of the Artist and/or Art Gallery Account.
24.1. Once the Artist and/or the Art Gallery has created an Account to access the website, the Artist and/or the Art Gallery may initiate the process to exhibit their Art through that medium, and, if applicable, make the sale of it with Clients.
24.2. Prior to the exhibition of the Art on the Website, the selection process will be carried out, which consists of the following:
24.2.1. Selection. Once the Artist and/or the Art Gallery has been accepted as a Catalysta Artist and/or Art Gallery, Catalysta may request additional Artwork that has not been shared on the Form. Catalysta will have the discretion to select the Art to be displayed on the Website, that is, the Art that the Artist and/or the Art Gallery will share on the Website will be subject to Catalysta's selection criteria. The above, without being obliged to communicate or state the reasons for their decision and without generating any right to compensation or indemnification.
24.2.2. Exhibition. After Catalysta has selected the Artist's and/or the Art Gallery’s Artworks to be exhibited on the Website, the Artist and/or the Art Gallery will be able to upload samples of the Artworks that it wishes to put up for sale and make known to Clients on the Website, through the Catalysta technological platform.
The Art Gallery will be allowed to create in its Account profiles of the artists whose Artwork is exhibited in the Art Gallery. The Art Gallery accepts that the artists that participate in the Art Gallery’s exhibition have granted the Art Gallery the applicable rights that allows the Art Gallery to exhibit and sell the Artwork of said artists.
24.2.3. Art Sale. Once the Art is displayed on the Website, the Art will be available for purchase by Clients. The Merchant will have the right to determine the price that they consider applicable for the Artworks and will be subject to the tax regulations that apply to them. The Merchant acknowledges and accepts that the sale of the Artworks that are made through the Website with the Clients, are understood to be carried out between the Merchant and the Client, so that any rights and obligations that derive from said sale will be established exclusively between the Merchant and the Client.
25.1. Regardless of the additional obligations contained in the full text of the Website Terms of Service, the use of the Website by the Merchant will be subject to the following rules:
25.1.1. The Merchant agrees to use the Website and the content displayed on it in accordance with the provisions of these Terms of Service, applicable laws, morality and decency, showing respect for public order.
25.1.2. The Merchant agrees to use the Website in a way that does not harm the rights or interests of Catalysta, other Users and / or third parties linked to Catalysta, directly or indirectly.
25.1.3. Catalysta reserves the right to block access to the Merchant, or to remove partially or totally, all information, communication or material that in its sole judgment may be (a) abusive, defamatory or obscene; (b) fraudulent, contrived or deceptive; (c) violation of copyright, trademarks, confidentiality, industrial secrets or any intellectual property rights of a third party; (d) offensive; or (e) that in any way contravenes the provisions of these Terms of Service.
26.1. Service Fee (Artist). In exchange for using the Website to display and sell the Artworks, Catalysta will charge the Artist a Service Fee equivalent to a 45% of the price of each Artwork sold by the Artist through the Website, including any applicable taxes.
26.2. Service Fee (Art Gallery). In exchange for using the Website to display and sell the Artworks, Catalysta will charge the Art Gallery a Service Fee equivalent to a 25% of the price of each Artwork sold by the Art Gallery through the Website, including any applicable taxes.
27.1. The Merchant and Catalysta may, jointly and through the Website, activate special offers, discount codes and / or any other promotional mechanism they consider.
27.2. In these cases, the codes and / or coupons will be subject to the specific conditions that may be determined. These additional conditions will establish, among other aspects, the period of validity of the codes and/or discounts, the Artworks to which the promotion applies, the applicable restrictions, etc.
27.3. In general, the application of codes and / or coupons will be subject to the following general conditions:
27.3.1. They must be used for the intended audience and purpose, and in a lawful manner;
27.3.2. May not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless with the permission of Catalysta with prior written notice;
27.3.3. May be invalidated by Catalysta at any time, for any reason, without liability to Catalysta;
27.3.4. They may be used only under the specific conditions that Catalysta and the artist establish for such promotional code;
27.3.5. Will not be valid as cash; and
27.3.6. They may expire before the Client uses them.
28.1. The Merchant agrees that the technological services that Catalysta provides through the Website are carried out by Catalysta acting as an independent third party, therefore there is no labor or employment relationship between the Parties. Likewise, the Merchant agrees that the services that Catalysta carries out are not related to supply, delivery or logistics services.
29.1. Trademark License and Restrictions. The Licensor grants in favor of the Licensee a limited, royalty-free, non-exclusive, non-transferable, inalienable license, without the right to sublicense, to use the Licensor's Trademarks for the sole purpose of carrying out promotional activities related to the object of these Terms of Service.
29.1.1. All use by Licensee of Licensor's Trademarks must be in the form and format approved by Licensor, and Licensee may not use or modify Licensor's Trademarks without the prior written permission of Licensor.
29.1.2. The Trademarks shall remain the exclusive property of the Licensor at all times.
29.2. No development. The Parties accept and acknowledge that they will not develop technology, content, media or any other type of intellectual property in favor of the other Party derived from these Terms of Service. Any development activities related to technology, content, media or any other type of intellectual property will be the subject of a separate written contract between the Parties prior to the start of such activities.
30.1. To make any request, complaint or report related to the services provided by the Catalysta Website and/or by Clients who have acquired Artworks, the Artist must contact the Website's Attention and Support Center, within a maximum period of five (5) calendar days after the event they wish to report or whose Clarification they request.
30.2. The Merchant can contact the Attention and Support Center at support@catalysta.la. Catalysta will have a period of 10 (ten) calendar days to resolve the corresponding Clarifications.
31.1. The Client accepts that, in case of being a natural person, they act in their own right when accepting these Terms of Service.
31.2. In case of being a legal person who wishes to know, observe and buy Artworks through the Catalysta Website, such legal person must register as such on the Website and must designate as a user of the Website a natural person who have the legal powers of representation to abide by and accept the provisions of these Terms of Service.
31.3. The Client assumes full responsibility for the use of the Website. Even if third parties access such a technological platform through the Client's device and / or account, all actions carried out by such means will be entirely attributed to the Client.
32.1. Guest Clients may access the Website to view the Art and, where appropriate, make a purchase, without having to register and create an account previously.
32.2. The Guest Client may view the Content for personal, non-commercial use, always subject to these Terms of Service.
32.3. To acquire Artworks, the Guest Client must provide the Client's Information requested by the Website, among others. The above, only for the purposes of specifying the purchase procedure and coordinating the delivery, without the need for the Client to have previously registered a Client account.
32.3.1. In no event is Catalysta responsible for the accuracy of Client's Information. Likewise, Catalysta agrees that it will use Client's Information and comply with the Privacy Policy set forth below.
32.3.2. Catalysta may require additional information or documentation from the Guest Client in order to verify or confirm the Client's Information, and may suspend those transactions of Guest Clients whose Client's Information has not been confirmed.
33.1. Clients who wish to view all the Content on the Website without any restriction and use the Catalysta Services to purchase the Artworks of the Artists available and exhibited therein, must register and create a Client Account on the Website, where the Client's Information will be requested, among others.
33.2. The Client guarantees and responds, in any case, to the veracity, accuracy, validity, authenticity and update of the Client's Information.
33.3. In no event is Catalysta responsible for the accuracy of Client's Information. Likewise, Catalysta agrees that it will use Client's Information and comply with the Privacy Policy set forth below.
33.4. Catalysta may require additional information or documentation for the purpose of verifying or corroborating the Client's Information, and may temporarily or permanently suspend the Client from the Website in case the Client's Information could not be confirmed.
33.5. To access your Client Account, you must enter your email and a password, which you must always keep confidential. If the Client forgets his password, he can reset it by clicking on "Forgot your password?”.
33.6. The Client Account is unique and non-transferable. It is prohibited for the Client to register or have more than one Client Account. If a breach is detected, Catalysta reserves the right to cancel, suspend or disable Client Accounts.
33.7. The Client is responsible for all transactions made in their Client Account, and must notify Catalysta immediately, reliably and in writing, of any unauthorized use thereof, as well as any theft, disclosure or loss of their access information to the website.
33.8. Catalysta ensures the protection of Client's Information; however, it will not be responsible for fraudulent use by third parties of the Client's Client Account.
34.1. Except as provided in these Terms of Service, no Client or Guest Client may reproduce, distribute, adapt, modify, translate, create derivative works from, publish or use the content in any way, without prior express written authorization from Catalysta, or the natural or legal person holding the rights to grant such authorization, as the case may be.
34.2. Any commercial exploitation of any image or other Content without prior express written authorization from Catalysta or the natural or legal person who owns the rights to grant said authorization, as the case may be, is strictly prohibited, including, without limitation, any reproduction, distribution, publication or creation of derivative works that is commercialized.
35.1. The Client acknowledges and accepts that the purchase of the Artworks that are made through the Website with the Merchants, are understood to be made between the Client and the Merchant, so that any rights and obligations derived from said purchase will be established exclusively between the Client and the Merchant.
35.2. The Client acknowledges and accepts that the sale of an Artworkis understood to be concluded from the moment the Client receives the notification confirming that the purchase has been completed. The confirmation notification will be generated as long as acceptance is clicked in the box corresponding to the payment of the order made, and the payment is actually received by the Payment Processor.
36.1. The use of the Website by the Client and/or by the Guest Client shall be subject to the following rules:
36.1.1. The Client and/or the Guest Client undertake to use the Website and the Content in accordance with the provisions of these Terms of Service, applicable laws, morality and good customs, showing respect for public order.
36.1.2. The Client and/or the Guest Client undertake to use the Website in a manner that does not harm the rights or interests of Catalysta, other users and/or third parties linked to Catalysta and/or the artists, directly or indirectly.
36.1.3. Catalysta reserves the right to block access, or partially or totally remove, all information, communication or material that in its sole judgment may be (a) abusive, defamatory or obscene; (b) fraudulent, contrived or deceptive; (c) violation of copyright, trademarks, confidentiality, industrial secrets or any intellectual property rights of a third party; (d) offensive; or (e) in any way violates the provisions of these Terms of Service.
37.1. The Merchant agrees that the payment of the Art that the Clients request through the Catalysta Website, will be made by the Clients with the use of their debit or credit card. The Merchant agrees that the Payment Processor designated by Catalysta may carry out the processing of payments. The Merchant agrees that the Payment Processor will act on its behalf to charge the total amount of the Artworks requested by the Client through the Catalysta Website.
37.2. Payment Processor Fee. By accepting these Terms of Service, the Merchant agrees that the Payment Processor will charge a percentage for the payment processing service provided to the Merchant. The Payment Processor Fee will be included in the Catalysta Service Fee and Catalysta will be responsible for transferring the corresponding percentage to the Payment Processor. The remainder of the total amount of the price of the Artwork will be sent by the Payment Processor to the Merchant. The Merchant will receive the amount of the sale the next business day, from the moment the Client places the order. Therefore, the Merchant agrees that he will receive the total of (a) payment for the Artworks required by Clients through the Catalysta Website; (B) less the Service Fee in favor of Catalysta, which includes the Payment Processor Fee; and (c) less any refunds that, if any, are made in favor of Clients.
37.3. The Merchant agrees that they will issue the receipt of the order requested by the Client through the Catalysta Website in the name of the Client who placed the order. Likewise, the Merchant agrees that, if applicable and if so requested by the Client, they will issue an invoice directly to the Client for the sale of the Artwork(s).
37.4. If the Merchant is an Art Gallery, the Art Gallery acknowledges that it will be responsible for making the corresponding payments to the Artists whose Artwork is exhibited in the Art Gallery’s Account. Therefore, the Art Gallery releases Catalysta from any liability in case the Art Gallery does not cover the applicable payments in favor of said Artist.
38.1. Users agree that Catalysta will not provide delivery services or act as an agent for any of the Users or other third parties in connection with the process of delivery, packaging, or handling of the Artworks. The Users agree that a Logistics Company will be in charge of this process. However, Catalysta may collaborate in the logistics between the Users and the Logistics Company, in order to facilitate the communication and the applicable delivery process.
38.2. Therefore, the Client will be responsible for the payment to the Logistics Company of all costs related to the logistics of delivery, packaging and shipping insurance fees, as well as the costs that apply for the purchase of the Artworks.
38.3. Catalysta may, but will not be obliged, to provide support in the shipping process, through activities such as facilitating communication or payment between the Client and the company that provides the delivery services, as well as providing recommendations on service providers. However, this support or recommendations will be made solely for the purpose of facilitating the process; consequently, the foregoing does not constitute or imply a representation, warranty and/or assumption of liability in any way by Catalysta.
38.4. Catalysta does not control nor is it responsible for the acts, omissions and/or policies of third parties other than Catalysta that carry out the process of delivery, packaging and/or handling of the Artworks, regardless of whether said third parties had been recommended by Catalysta. Unless Catalysta expressly agreed otherwise, Catalysta will not be responsible for delivery of Artworks purchased by Clients to the Merchants.
39.1. Catalysta is committed to providing transparent and accurate information and descriptions of the Artworks available on the Catalysta Website.
39.2. In the event that the Artwork received by the Client presents any damage, the Client may send an email describing the damage, to the email address support@catalysta.la. Catalysta will make sure to provide the best possible solution.
40.1. The collection and treatment that Catalysta makes of the personal information and data of the Artist and/or the Client, in relation to the use of the Website, is subject to the provisions of the Catalysta Privacy Policy, available at https://catalysta.la/privacy-policy. Such Privacy Policy governs the Artist's relationship with Catalysta, as well as the Client's relationship with Catalysta, in order to establish and regulate Catalysta's practices when the Merchant or Client makes use of the Website.
40.2. Artists and Clients have the power to exercise their ARCO Rights, at any time and without restrictions, in accordance with the provisions of the Privacy Policy.