The current version of the WindowSight platform is identified as a Beta version. A version with this condition may not be fully functional, may contain errors, bugs or design or functional failures. The use of the Beta version of WindowSight is ruled in general terms by these Terms and Conditions and in particular:
The windowsight.com website is owned by WINDOWSIGHT S.L. domiciled at Carretera de Montcada 670, 08227, Terrassa, Barcelona with CIF B65907206.
The email of our Customer Service is firstname.lastname@example.org.
By using our website or requesting the download or display of content through it, the user consents to be bound by these Terms & Conditions and by all the legal texts of WINDOWSIGHT so, if you do not agree with all of this, you should not use our website.
We inform you that these Terms & Conditions may be modified (any new version of the latter will be indicated previously) and the user will be responsible for consulting them each time they access, browse or use the web since those that are in force will be applicable in every moment. In the event that any of the clauses of the Terms & Conditions are declared illegal or not enforceable by a judicial decision, the other provisions will remain in force.
The WINDOWSIGHT Terms & Conditions described below define the rights and obligations within the framework of its website and in commercial transactions between windowsight.com and its users. For these purposes it is understood that the activity that WINDOWSIGHT develops through its web, includes the visualization and provision of audiovisual content.
The access, navigation and use of the web, confers the condition of user (hereinafter referred to, indistinctly, individually as a USER or jointly as Users), so all the conditions established herein are accepted. Likewise, the user assumes responsibility for the correct use of the website. This responsibility will extend to:
The duly registered Users can carry out transactions on the website by the established means and forms. They must follow the online purchase procedure of windowsight.com, from the “PREMIUM” user profile. The process to follow will be as follows:
The WINDOWSIGHT user will have at his disposal all the content that the artists have uploaded to the platform.
In the event that an artist or the platform decides to remove any of its contents, it will no longer be available to the user.
The price of the PREMIUM category offered on the windowsight.com website is indicated in Euros (€) with all taxes included.
WINDOWSIGHT reserves the right to modify prices at any time and the right to refuse any payment for reasons subject to the law. However, the payment will be billed based on the rates in effect at the time of registration. The works will remain the property of the artists themselves who are part of the WINDOWSIGHT platform even after the payment made by the user, which allows the acquisition of this is the enjoyment of the platform and its contents only through the platform.
Payment is made by payment card. The accepted payment cards are: VISA, MASTERCARD, AMERICAN EXPRESS, CB, DINERS CLUB and JCB.
If a user is unduly charged the amount of a purchase, without there being bad faith on the part of the user, in which case the damage caused to WINDOWSIGHT should be financially compensated, it may require the immediate cancellation of the charge by sending an email, the corresponding amount must be immediately refunded in the shortest possible time since the request is known if a debit or credit card was used and, before the end of the corresponding month, if a credit card was used.
In accordance with current legislation on confidentiality and security of personal data WINDOWSIGHT will not keep personal information related to bank data.
The information related to the purchase will be provided on the “Settings” page, in the “Account” section and you can view the details of your account and your payment receipts.
It is exclusively up to the user to check the status of his PREMIUM account and to express the observations and submit all the claims he deems necessary and may even refuse the purchase if it shows clear signs of malfunctions. Such observations or claims must be sent to the WINDOWSIGHT by any of the means indicated above for this (email or account courier).
At the moment in which the user acquires (prior payment) the condition of PREMIUM, they are aware that he will have access to all types of audiovisual content for his enjoyment without time limitation while the corresponding payments are made. In this way, the User can enjoy the contents in accordance with the legal terms provided on this website.
For this reason, from the moment the user executes the first display or download of content, he is aware of the loss of the right of withdrawal.
In the event that the user has acquired the PREMIUM account, but has not executed the display of any content, they will have a period of 14 days to exercise the right of withdrawal by contacting WINDOWSIGHT at email@example.com and contrast the information and, if applicable, the amount paid will be returned.
WINDOWSIGHT takes the necessary measures to ensure that the content offered complies with all current legislation and in accordance with the information offered by the artists, so it cannot be held liable for any damages or legal violations that may arise in this regard.
WINDOWSIGHT cannot be held liable for indirect damages and business losses (including lost profits, income, contracts, etc.) or any other indirect loss that was not reasonably foreseeable at the time the acquisition of the PREMIUM account was formalized.
Subject to the provisions of the preceding paragraphs, the responsibility of WINDOWSIGHT under these Terms & Conditions may not exceed and amount equal to the amounts paid or payable after the transaction that is at the origin of said responsibility, whatever be the cause or form of the action in question.
WINDOWSIGHT cannot be held liable for breach of the contract signed in case of inability to access your account by means other than WINDOWSIGHT or force majeure, interruption of the activity or total or partial strike, in particular, the telematic services of the area where the user is.
Likewise, WINDOWSIGHT also limits its liability in the following cases:
To ensure best performance and display quality, to take proper care of TVs, and to control energy consumption, we recommend to:
– Set automatic brightness and contrast.
– Manage the time of display of each artwork through the app.
– Switch to different frame colours if displaying framed artworks for long periods of time.
– Not display a still image longer than 90 minutes, only in the recommended and supported compatible TVs.
– Recommended: QLED, MicroLED
– Supported: OLED, LED
– Not recommended: Plasma, Cathode Ray Tube (CRT), Liquid Crystal Display (LCD), and others.
– Strikes, lockouts or other industrial action.
– Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
– Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
– Inability to use public or private telecommunication systems.
– Acts, decrees, legislation, regulations or restrictions of any government or authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and WINDOWSIGHT will have an extension in the period to fulfil them for a period of time equal to the duration of the force majeure. WINDOWSIGHT will use all reasonable means to find a solution that allows us to fulfil our obligations despite the force majeure.
By using this website, the user accepts that communications with WINDOWSIGHT are electronic (email or notices published on the website). For contractual purposes, the user agrees to use this electronic means of communication and recognizes that any contract, notification, information and other communications that WINDOWSIGHT sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the user.
The user can send notifications and communicate with WINDOWSIGHT through the contact details provided in these Terms & Conditions and, where appropriate, through the contact spaces on the website. Likewise, unless otherwise stipulated, WINDOWSIGHT may contact and notify the user by email.
No waiver of WINDOWSIGHT to a specific legal right or action or the lack of requirement by WINDOWSIGHT of the strict compliance by the user of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Terms & Conditions, nor will the user be exonerated the fulfilment of his obligations. No waiver of WINDOWSIGHT to any of these Terms & Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to the user in writing.
If any of these Terms & Conditions were declared null and void by a final resolution issued by the competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
The access, navigation and use of this website and the contracts for the purchase of products through it will be governed by Spanish legislation.
The user may send WINDOWSIGHT their complaints, claims or any other comment that they wish to make through the contact information provided at the beginning of these Terms & Conditions.
Also, if a contract between WINDOWSIGHT and the user emanates a dispute, the user as a consumer may request an out-of- court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, May the 21th, 2013, on the resolution of online litigation in matters of consumption. You can access this method through the website: http://ec.europa.eu/consumers/odr/. Otherwise, the courts of the client’s place of residence will be the only ones competent, regardless of the places of delivery and the methods of payment accepted. These Terms & Conditions in English will be executed and interpreted in accordance with Spanish legislation, legislation to which the parties expressly submit.