Terms of use

Artbeef

is a project of

FAIR APPEARANCE SCP

CIF, J65964066, PLAZA UNIVERSITAT 3, 6A, 08007 BARCLONA

As the following legal statements have to be relatively complex, this overview should help orientation.

1. General Introduction

Welcome to our platform.
ARTBEEF is a video platform for extrem sports and arts of all kinds and on all levels. We provide an online stage by organizing ompetitions (“battles”) for teams and individuals. We give the audience an opportunity to vote in favour of the best performance and we create an additional incentive by giving prizes.

It is ARTBEEF´s intention to demonstrate to the world the great variety of skills and creativity performed by an innumerable number of (sometimes hidden) talents or even champions of sports and art. Our platform offers the chance to perform in front of the largest grandstand of the world. Under fair and always respectful conditions our users will vote on who are the champions of champion. Even if it’s our goal simply to entertain, our relationship with you has to have a legal framework.

The following Terms of Use (“Terms”) build the base for a contract between you, our user, and ARTBEEF (part of Fair Appearance SCP, CIF J65964066, Plaza Universitat 3, 6a, 08007 Barcelona ) („ARTBEEF“, „we“,“us“ or „our“). It applies to all visitors, users and others who access or use the Service. So please make sure you read all Terms in full. If you do not fully agree, please stay away from using the Services of ARTBEEF and don´t register. You consent with us electronically. By accessing or using our website you agree to
be bound by these Terms.
.

2. Current Terms

ARTBEEF claims the right to revise these Terms from time to time if we consider it to be necessary. The most current version of our Terms will be posted on the ARTBEEF website. By using our Services we assume that you have read and accepted the current Terms. Otherwise ARTBEEF has the right to refrain you from using our Services.
Furthermore ARTBEEF claims the right at any time to make necessary deployments and changes , updates or enhancements to the Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
So please verify the date of the actual Terms whenever you visit our website and check if these Terms have been updated. Your continued access and use of our Services confirms your acceptance of all changes and the revised Terms.

Once again:
You are allowed to use the Services provided by ARTBEEF only in strict compliance with the current Terms and all applicable laws. By using our Services you accept our Terms.

3. Age requirements

Our services are accessible only to persons older than 13 years. You therefore confirm that you are either older than 13 years of age or possess legal parental or guardian consent to enter into these Terms and to comply with these Terms. In any case you confirm that you are over the age of 13, as the website is not intended for children under 13. If you are under 13 years of age, please do not use our website.

4. Content and Conduct Rules

Based on our Terms we allow you to get access to the ARTBEEF on-demand platform. The use of our website only allows your personal noncommercial use. You may share the benefits we offer by using our platform and all the products, services and features we make available to you as a part of our Services. You are allowed to discover, watch and share videos and any other content ARTBEEF provides. We allow you to inform, comment and thereby inspire and get connected with other users worldwide. By voting in favour of one of the competitors you can act like a jury member.

ARTBEEF provides a platform for original content creators who want to present their skills to this community and who are ready to compete. In connection we provide plenty of information about the products shown by all our users. Artbeef is a provider for hosting services for such content. Content is either produced by ARTBEEF itself or submitted by our users. ARTBEEF has the complete discretion whether or not to publish content provided by our users.In any
case it has to be stated that content is within the sole responsibility of the person or entity that provides it to the Service.

If users provide content via ARTBEEF they guarantee and warrant that:
(1) You do not violate any third party´s rights. You either own or have the necessary permissions enabling ARTBEEF to use all copyright, trademark or any other proprietary rights by publishing your content.
(2) You can prove the written consent and/or permission of each and every identifiable individual person in your content to show their picture and/or use their name in compliance with these Terms.

Even if it is our interest to demonstrate to the world of sports and art the immense variety of sometimes hidden skills and creativity one thing has to be crystal clear:
It is absolutely prohibited to provide content that violates any applicable law.
The same goes for the way you produce your content. It is a must that you respect applicable law, the rights of others and the environment. Furthermore you have to make sure that you do not endanger your health nor the health of others or their property. ARTBEEF will reject all contributions that do not go inline with this indispensable precondition.
By uploading the content on our homepage you have to make sure to have permission in writing or verbally of the person who made the video recording and of all the people shown in the video.

You promise for instance not to submit content that

Violates our ideas
Is harassing or abusive
Uses hateful and discriminatory speech or gestures
Depicts or encourages self-harm or suicide
Is defamatory
Is sexually explicit
Contains false or misleading information on themes like …..
Infringes third parties rights like for instance copyrights,trademarks,
etc.

You furthermore stay away for instance from

Submitting any malicious program, script or code
Harming our server capacity by an unreasonable number of requests
Taking any action to manipulate, interfere with or damage our Services
Harming the interests of ARTBEEF by building a similar service,
application or website
Reselling or redistributing the Services or any part of them
Using any unauthorized means to modify, reroute or get access to our
Services or attempt to carry out such activities
Using any automated process or service (such as a bot, a spider or periodic caching of information stored by Artbeef) to access or use the Services.

Using our Services obliges for instance not

To act in a deceptive manner or impersonate any person or organization
Use an offensive screen name or avatar
Harass or stalk any person
Distribute “spam” in any form or use misleading metadata
Harm or exploit minors
Collect personal information about others
Access another´s account without permission
Get involved in any unlawful activities

In addition it is not allowed and you promise that you will not and will not assist or encourage any third party to:
(1) Use the Services in any manner or for any purpose other than expressly permitted by these Terms, the Privacy Policy or any other policy or instruction or terms applicable to the Services;
(2) Access or use the Services in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas.
(3) Use the Services in any situation in which the failure of the Services could lead to death,personal injury or physical property or environmental damage;
(4) Use the Services to:
(a) engage in any unlawful or fraudulent activity or perpetrate hoax or engage in phishing schemes or forgery or any other similar falsification or manipulation of data;
(b) send unsolicited or unauthorized junk mail, spam,chain letters,pyramid schemes or any other form of duplicative or unsolicited messages;
(c) store or transmit inappropriate Content, containing for instance unlawful,threatening, defamatory,pornographic, abusive or otherwise objectionable material of any kind,containing any material that could encourage a criminal offense, or in a way that violates or infringes
upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to criminal or civil liability;
(5) Store or transmit any Content that contains or is used to trigger a denial of service attack , software viruses or any other harmful or deleterious computer code, files or programs such as Trojan Horses, worms, time bombs,cancelbots or spyware;
(6) Abuse,harass, stalk or otherwise violate the legal rights of a third party. ARTBEEF does not encourage,endorse,approve of or in any way accept any responsibility for any art or sporting events or any activities you perform for the Services. Furthermore ARTBEEF has the right to remove any content which eventually infringe third parties copyright, trademark or any other intellectual property right.

Once again:
If we believe that any Content is in breach of this Agreement we may remove some or all of such Content. If you get aware of any content you believe does not comply with our Terms,
please report it to us. [email protected]

5. Registration

We appreciate it if you are visiting the ARTBEEF Site. Segments of our Services are open to the general public. But you should be aware that additional attractive Services require opening an ARTBEEF-Account by filling out a registration form, creating a user profile. Thereby you will be listed as a “Registered User”.
If you are registering and using our Service on behalf of a company or organization, you confirm to us that you have the authority to act on behalf of that legal entity and bind that entity to our Terms. By registering you get access to additional features and functions such as uploading videos, participating in battles and/or acting as a juror by voting in favour of a competitor in one of our battles.

By this the scope of our Services does not only include videos and audio (for example music and other sounds), all forms of art (f.i. graphics,photos,texts), but also branding (incl. all types of trade names, trade- and service marks, logos), as well as interactive features, software, metrics and all other Content. As our battles are based on fairness, social responsibility and mutual respect we expect the same from all our Registered Users. That means concretely for your Registration with ARTBEEF:
(a) “Registration Data“ given by you must be accurate, true,complete and up to date.
(b) You have to keep that standard at all times thereafter. Any changes must be updated promptly, accurately and completely. All Registered users are obliged to keep their user ID and password confidential. You promise not to disclose your password to any third party.You agree to inform us immediately upon becoming aware of any breach of security or any unauthorized use of your account.You will be held responsible for any activities and actions under your password. ARTBEEF is not liable for any loss or damage caused by an unauthorized use of your account.
Your are not allowed to use as a username the name of another person or entity or that is not lawfully available for use, or without appropriate authorization a name or a trademark that is subject to rights of another person or entity.You must not use a name that is otherwise offensive, vulgar or obscene.
ARTBEEF has the right to deny approval or withdraw all benefits related to registration at all times in its sole discretion with or without cause.

6. Data Protection

Part of our Terms and therefore part of our contract with you is our Privacy Policy. (Details see there) Please read this section carefully in order to get all the information which data we collect from you, how we use it and with whom we share it.

7. Communication

Be aware that by registering with ARTBEEF you accept that we send you information or data concerning our Services for instance, but not limited to
(a) updates,
(b) information about the use of our Services, including any notices about the violation of use,
(c) any promotional information concerning ARTBEEF´s scope of products and services via all means of communication including electronic mail.
You will get of course the opportunity to opt-out of receiving promotional electronic mails by simply following the given legal opt-out instructions. (see Privacy Policy…..)

8. Termination

You have the right to stop using our Services at any time without giving a reason. At any time and in our sole discretion ARTBEEF reserves the right to temporarily suspend or terminate your access to the Services, with or without cause or notice and without incurring liability of any kind.

We reserve this right for example

For any actual or suspected violation of our Terms
For any use of the Services that may trigger legal liability for Artbeef
For any use that may disrupt others´use of the Services
For suspicion or detection of any malicious code,virus etc. transmitted by you or in your account
Scheduled downtime and recurring downtime
Use of excessive storage or processing capacity or bandwidth
Unforeseen technical problems or outages.

The same occurs if we learn or suspect you using third party services or content and are in breach of said parties terms and conditions. We will inform users in any case by email about a suspension or termination. If in Artbeef´s discretion the suspension might be indefinite or we have chosen to terminate your access to our Services, Artbeef will with economically justifiable efforts notify you through the Service and/or an email to the email address given by your registration. You accept that if your access to the Services is suspended or terminated, you may no longer have access to the Content that is stored within the Services.
Upon termination by Artbeef for reasons other than listed within our Terms, you may request access to your Content, which can be made available for an additional fee. Your request has to be made within five (5) days following termination. Otherwise any Content you have stored in the services will not be retrievable and Artbeef will have no obligation to keep any Content you have stored in the Services.

9. Software / Property Rights / Licensing

The whole content of our Website, including all the contributions of our Users, be it video, music, text, photos, scripts, graphics,interactive features, software, all kinds of trademarks, service marks and logos contained therein or owned by or licensed to ARTBEEF.
With posting Content on our Website, you grant to ARTBEEF a worldwide exclusive and transferable right and license to use, modify, publicly perform and display, reproduce, and distribute such Content on and through the Service). ARTBEEF may also prepare derivative works (including without limitation, to shorten, rename, edit, split your content into different segments and use your Content or segments as part of compilations. ARTBEEF may without limitation display and perform your Content in connection with our business idea on our Website and grant access to third parties Websites. You keep any and all your rights to any Content you submit, post or display on or through the Service and you are responsible to protect all those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You confirm and warrant that

The Content is owned by you or you have the right to use it and grant us the rights and license due to these Terms
And
The Posting of your Content on or through the Service does not violate any privacy rights,copyrights,publicity rights or any other rights of any other person.

As the Software made available for download via the Services is an essential part of ARTBEEF´s property rights any Software is licensed not sold. Unless we inform otherwise, the Software license ends with the end of your subscription or when any other right to use the Services ends. In this case you most then promptly uninstall the Software or we may disable it. You are not allowed to work around the technical limitations of the Software.
The use of the Software you receive from ARTBEEF is subject to the Terms you have to agree to. If you are presented with special license terms that you must accept before you use the Software, those terms apply. ARTBEEF reserves all other rights to the Software that may exist or arise outside of these Terms or a license.
Furthermore you promise that you will not and will not assist or encourage any third party to:
(1) Modify, change, alter, tamper with, repair or otherwise create derivative works of any Software made available for download via the Services or specially licensed (“Software”);
(2) Reverse engineer, disassemble or decompile the software used to provide or access the Services, including the Software, or attempt to discover or
recreate the source code used to provide or access the Services;
(3) Sell, resell, lent,rent,lease,sublicense or otherwise transfer the rights granted to you with respect to the Services to any third party;
(4) Interfere with or disrupt servers or networks used by ARTBEEF to provide the Services or used by other users to access the Services, or violate any
third parties regulations,policies or procedures of such servers or networks or interfere in any kind with another user´s full use and enjoyment of any
Software or the Services;
(5) Access or attempt to access ARTBEEF´s other accounts, computer systems or networks not covered by these Terms,through password mining or in any other way;
(6) Share passwords or any other access information or devices or otherwise authorize any third party to access or use the Software or the Services.

10. Limitation of Liability

In no conceivable case or respect shall ARTBEEF , nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any direct, indirect, incidental, special punitive, or consequential damages whatsoever resulting from any

Content, including any mistakes or inaccuracies therein
Personal injuries or property damage of any nature whatsoever, resulting from your performing for or using our website
Any unauthorized use of our servers and/or any or all information stored herein
Any interruption or cessation to or from the website
Any bugs, viruses , Trojan Horses or the like which may be transmitted to or through our website by any third party
and/or
Any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use or via the website, whether based on
warranty, contract, tort, or any other legal reason, and whether or not ARTBEEF is advised of the possibility of such damages , the foregoing
limitation of the liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically confirm that ARTBEEF shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm and damage from the foregoing rests entirely with you. Furthermore our website may include links to third party websites which are neither owned nor under control of ARTBEEF. Therefore we claim no responsibility for any content, practices or privacy rules etc. of any third party website. By using those websites you explicitly release ARTBEEF from any and all liability arising from your use of any third party website.

11. Indemnity

You confirm to protect, defend, indemnify and hold harmless ARTBEEF, its affiliates , and all their representatives (officers, directors, employees, and agents) from and against any and all claims, damages obligations, losses, liabilities, costs and expenses ( as but not limited to attorney’s fees) arising from

Your use of the website
Your violation of the Terms
Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right
Or
Any claim that Content Submission caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the website.

12. Disclaimer

ARTBEEF will make all judgements concerning the applicability of these guidelines and potential sanctions to each such instance in our sole and exclusive discretion. We will not assume or have any liability for any action or inaction with respect to any Content. You agree that your use of the website shall be at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, ARTBEEF, its officers, directors, employees, partners, and agents disclaim all warranties, express or implied in connection with the website and your use of it. The Service is provided without warranties of any kind, whether express or implied, including for instance (but not limited) implied warranties of merchantability, fitness for particular purpose, non-infringement or course of performance. ARTBEEF, its subsidiaries, affiliates, and its licensors do not warrant that

The Service will function uninterrupted, secure or available at any particular time or location
Any error or defects will be corrected
The Service is free of viruses or other harmful components;
Or
The Result of using the Service will meet your requirements.

13. Miscellaneous and Waiver

If you are not pleased with our Services for any reason, please contact us first so that we can try to resolve your concerns without the need of an outside instance. These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. You and ARTBEEF agree that any legal action related to these Terms must be commenced to the courst and tribunals of Barcelona. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.