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General Terms and Conditions

I) DEFINITIONS

"Acceptance Box of the General Terms and Conditions of the Design and A Publishers Website": this is a click button contained on the Design and A Publishers Website, the selection of which by the Contestant implies acceptance of those present General Terms and Conditions of Design and A Publishers.

"Contestant / s": is any human person over 18 years of age who has accepted these General Terms and Conditions by clicking on the Acceptance Box of the General Terms and Conditions of the Design and A Publishers Website.

“Awarded Contestant / s”: this is any Contestant whose Contestant Project has been selected by the Jury and has received or should receive an Award, in accordance with the provisions of these General Terms and Conditions and in the Technical Terms and Conditions.

"Contest / s": this is any contest contained in the Design and A Website. These General Terms and Conditions will be applicable to any Contest, and each contest will provide its own Technical Terms and Conditions.

"Design and A Publishers": is an online digital platform for design and architecture competitions, organized on its own account or by third parties, and that operates through the Design and A Publishers Website.

Design and A Publishers is the fancy name of the limited liability company DACOMPETITIONS LLC, incorporated under the laws of the State of Wyoming.

"Jury": it is the Jury of a Contest, as established in point III) 6) of these General Terms and Conditions and in the Technical Terms and Conditions of each Contest.

“Prize / s”: this is the consideration offered by Design and A Publishers, within the framework of a specific Contest, to the Awarded Contestants, which will be determined in accordance with the Technical Terms and Conditions of each Contest.

"Provider": Design and A Publishers is the provider of the services specified on the Design and A Publishers Website.

“Contestant Project / s”: this is the project that the Contestant submits to Design and A Publishers within the framework of a specific Contest.

“Awarded Contestant Project / s”: this is any Contestant Project that has been selected and awarded by the Jury, in accordance with the provisions of these General Terms and Conditions and in the Technical Terms and Conditions.

Design and A Publishers Website”: This is the website corresponding to the URL www.dapublishers.org/ .

"General Terms and Conditions": it is, in its entirety, this document.

“Terms and Conditions of Participation in Contests”: these are the terms and conditions contained in point III) of these General Terms and Conditions, including the applicable definitions contained in point I) of these General Terms and Conditions.

"Terms and Conditions of Use of the Website and Design and A Publishers Services": these are the terms and conditions contained in point II) of these General Terms and Conditions, including the applicable definitions contained in point I) of these General Terms and Conditions.

"Technical Terms and Conditions": these are the bases and conditions of a technical, architectural, constructive, aesthetic and / or design nature, among others, applicable to each Contest launched by Design and A Publishers and which will be published by Design and To Publishers within the framework of each specific Contest. The acceptance of the General Terms and Conditions by clicking on the Acceptance Box of the General Terms and Conditions of the Design and A Publishers Website implies acceptance of the Technical Terms and Conditions by the Contestant.

"Visitor / s": is any human person who enters the Design and A Publishers Website without being a Contestant.

II) TERMS AND CONDITIONS OF USE OF THE WEBSITE AND THE DESIGN AND A PUBLISHERS SERVICES

The Terms and Conditions of Use of the Website and Design and A Publishers Services are set out below.

  1. Registration: in order to access the registration on the Design and A Publishers Website and consequently participate in a Contest, the Contestant must be over 18 years of age and have accepted these Terms and Conditions by marking the Acceptance Box of the General Terms and Conditions of the Design and A Publishers Website. Any registration on the Design and A Publishers Website that fails to comply with the previously stated or that has made a false identity or impersonates the identity of a third party, will be considered prohibited and void. By virtue of this, Design and A Publishers reserves the right to partially or permanently suspend any Contestant and / or, if necessary, request the Contestant at any time to prove their age and / or identity by providing any current legal identification. .

  2. Acceptance: marking in the Acceptance Box of the General Terms and Conditions of the Design and A Publishers Website implies the reading, knowledge and acceptance of each and every one of these General Terms and Conditions and of the Technical Terms and Conditions by the Contestant.

  3. Modification: Design and A Publishers reserves the right to modify these General Terms and Conditions at any time, always complying with current legislation. Said modifications will come into effect after their publication on the Design and A Publishers Website and are directly binding on the Contestant, who has the obligation to review them periodically. The Contestant acknowledges and accepts that the modification of the General Terms and Conditions does not imply in any case the refund of the amount paid in the registration to a Contest by the Contestant, provided for in point III) 5) of these General Terms and Conditions .
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  4. Intellectual property:

    a) Design and A Publishers Website: the intellectual and industrial property rights of the Design and A Publishers Website, its name, design, source codes, navigation structure and databases, among others, are owned by Design and To Publishers, who has the exclusive exercise of the rights to exploit these in any way. Likewise, Design and A Publishers is the owner or has the corresponding license, authorization or assignment of the intellectual, industrial and image property rights of all the material, information and documentation contained on the Design and A Publishers Website. Therefore, any person external to Design and A Publishers (whether Visitors, Contestants or others) is expressly prohibited from reproducing, distributing, exploiting, publishing or publicly communicating in any way all or part of the content of the Design and A Website. To Publishers without the prior and express authorization of Design and A Publishers or, where appropriate, of the owner of the corresponding rights.

    b) Contestant Project: by accepting these General Terms and Conditions, the Contestant guarantees that he is the author of all the contents of his Contestant Project, or that he has the necessary rights for its exploitation. The Contestant retains the intellectual property rights of his Contestant Project and grants Design and A Publishers a worldwide, free and non-exclusive license to reproduce, publish and distribute the Contestant Project in any format and through any means of dissemination.

  5.   Privacy Policy:

    a) General: through these General Terms and Conditions, the objective is to inform Visitors and Contestants of the type of treatment to which the personal information they provide and the information collected automatically will be subjected, as well as to inform to Visitors and Contestants that their information will be recorded and protected by Design and A Publishers.

    b) Purpose: the personal data of the Visitor and / or the Contestant will be processed for the exclusive purpose of: registering the Contestant and issuing invoices and / or similar and / or related documents; manage the Contests in which the Contestant participates; send notifications to Visitors and / or Contestants; measure visits and participation in the Design and A Publishers Website; keep the Visitor and / or Contestant informed about the news, promotions, activities, products and services of Design and A Publishers, being able to send them commercial information by any means, including electronic; in general, fulfill all the services that Design and A Publishers undertakes to provide. By accepting these General Terms and Conditions, the Contestant enables Design and A Publishers to use the personal data of the Visitor and / or Contestant for the purposes previously described. Likewise, the Visitor and the Contestant agree that the Design and A Publishers Website may collect information automatically, which includes, among others, IP address, browser information, cookies, information related to browsing on the Website of Design and A Publishers, etc.

    c)
    Use of cookies: by subscribing to these General Terms and Conditions, the Visitor and the Contestant expressly accept that the Design and A Publishers Website uses or may use cookies.  

    d) Confidentiality: Design and A Publishers undertakes to treat all the information provided by the Contestant in the manner described in these General Terms and Conditions, and confidentially, implementing the necessary protection mechanisms and all the appropriate security measures with in order to protect the confidentiality of your personal data. However, the Visitor and the Contestant acknowledge that their personal information may be vulnerable to computer attacks, technical failures or a login impersonating the Visitor or Contestant. In addition, Design and A Publishers is not responsible for the privacy policies of other websites that are accessed through links on the Design and A Publishers Website.

    e) Data transfer: with the exception of the provisions of these General Terms and Conditions, Design and A Publishers does not share the personal data of Visitors and / or Contestants with third parties. The personal data of Visitors and / or Contestants are part of the registry and file of Design and A Publishers, which may only be transferred to third parties who collaborate directly or indirectly in the development of any of the activities of Design and A Publishers, such as, among others: content and service providers, members of the Jury, economic and / or financial intermediaries, media for the dissemination of the results or any other data related to a Contest, etc. These third parties will only obtain the information necessary to carry out the service or action in question and will not be authorized to use it for any other purpose. Likewise, said third parties have the obligation to keep the data thus provided confidential.
    This information may be transmitted in the framework of a merger, acquisition or sale of the assets of Design and A Publishers and in the event of a state of insolvency, declaration of insolvency and liquidation of Design and A Publishers that implies transfer of personal data as part of the company's assets. Design and A Publishers reserves the right to communicate this data for the resolution of a possible claim or for the protection and safeguarding of your rights and interests.

    f) Contestants' Rights: the personal data of Visitors and Contestants will be kept for the time necessary to carry out the purposes described in the preceding points. In the event that the Visitor or Contestant wishes to exercise their right to access, rectify, cancel and oppose the processing of their personal data, they must reliably express it to Design and A Publishers.

    g) Modifications: Design and A Publishers reserves the right to modify at any time the policy regarding the processing of personal data, always complying with current legislation.

    h) Applicable law and competent jurisdiction: all issues related to the use of the Design and A Publishers Website and participation in the Contests will be governed and interpreted in accordance with the provisions of these General Terms and Conditions, in the Terms and Conditions Techniques and / or in all information communicated on the Design and A Publishers Website, which will be integrated, completed, interpreted, applied and complied with according to the applicable legislation. Unless otherwise provided by law, for the resolution of any claim and / or litigation derived from the use of the Design and A Publishers Website and / or participation in the Contests, the Courts of the State of Wyoming will be competent, the litigants waiving any other forum that may correspond to them.

III) TERMS AND CONDITIONS OF PARTICIPATION IN THE CONTESTS

The Terms and Conditions of Participation of the Design and A Publishers Contests are set out below.

  1.   Participants: all Contestants who have accepted these General Terms and Conditions can participate in a Contest by clicking on the Acceptance Box of the General Terms and Conditions of the Design and A Publishers Website .

  2.   Disabling:   ç

    a) Contestant Projects that have been developed prior to the call for a Contest, and are known to any of the members of the Jury, and / or persons linked to the development of the Contest, whatever it may be, are disqualified from participating and / or disqualified in a Contest. the circumstance or opportunity.

    b) Interested persons and / or Contestants who are in any of the following situations are disqualified from participating in the contest: i) who are managers, administrators, representatives or directors of Design and A Publishers; ii) that they are members of the Jury; iii) who have a professional relationship with a member of the Jury or with the managers, administrators, representatives or directors of Design and A Publishers, or who in this regard have the status of spouse, child, adopted, or relative up to the third degree of consanguinity and second degree of affinity inclusive; iv) who have intervened in the preliminary studies of the Contest or in the preparation of its bases, whatever the circumstance or opportunity.

    Any disability, prior or supervening, that weighs on a Contestant will not entitle him to reimbursement of the sums paid in accordance with the payment provided in point III) 5) of these General Terms and Conditions.

  3. Technical Terms and Conditions: they will be timely published on the Design and A Publishers Website for each Contest launched by Design and A Publishers.

  4.   Queries: Contestants may make inquiries regarding the Technical Terms and Conditions from 5 calendar days following the date on which said Technical Terms and Conditions were made available on the Design and A Publishers Website, and up to 5 days runs prior to the final date of receipt of Bidding Projects provided for in the Technical Terms and Conditions of the Bid in question. Said inquiries should be sent via email indicating in the subject the name of the Contest, addressed to the email box info@dapublisher.org. All inquiries received will be answered within 5 calendar days after the date of receipt, and will be published in a circular to all Contestants. These responses will be considered as part of the Technical Terms and Conditions of the Contest. The email provided by the Contestant will serve as the official means of communication between Design and A Publishers and the Contestant.

  5.   Registration for a Contest: any interested natural person may register for a Contest, provided that they meet the requirements to be a Contestant. To register for a Contest, the interested natural person must have accepted these General Terms and Conditions by clicking on the Acceptance Box of the General Terms and Conditions of the Design and A Publishers Website, complete the respective form and have completed the relevant payment, as established in the form linked to the Acceptance Box of the General Terms and Conditions of the Design and A Publishers Website. Any payment made by an individual interested in participating in a Contest, Visitor or Contestant will not be reimbursed, whether or not the Contestant turns out to be an Awarded Contestant.

  6.   Presentation of the Contesting Projects: the date, medium, form and scope of the content of the Contesting Projects will be consigned in the Technical Terms and Conditions applicable to each Contest.

  7.   Jury: the technical evaluation of the Contesting Projects will be in charge of a Jury composed of an odd number of members determined in the framework of each Contest, which will be outstanding professionals in design, architecture, urban planning and / or social sciences, among others, and will be specifically designated in the framework of each Contest. The members of the Jury must not have any prior knowledge, by themselves or by third parties, of the Contestant Projects, nor any link with the Contestants, as established in point III) 2) of these General Terms and Conditions. If this happens, the member of the Jury in question will be disqualified from exercising his vote regarding the Contestant Project whose Contestant is the object of his disqualification.

  8.   Evaluation of the Bidding Projects: it will be carried out within a period of 10 business days after the final date scheduled for the presentation of the Bidding Projects. Each member of the Jury will evaluate the Contesting Projects through evaluation parameters and their impact on the weighting of each Contesting Project, which will be consigned in the Technical Terms and Conditions of each Contest.
    The Jury, by unanimous vote of its members, may declare the Contest void if none of the Contesting Projects is suitable. This statement must be founded. Once this evaluation process of the Contestant Projects has finished, each member of the Jury must deliver their respective evaluation certificate signed and / or sent to Design and A Publishers by any reliable means of communication.

  9.   Notification of the Jury's decision: Design and A Publishers will be responsible for generating an integrated report with the results of the Jury's evaluation, which will be sent via email to all Contestants, within 10 business days after the evaluation of the Jury. Likewise, the Awarded Contestants will be contacted individually by the same means in order to formalize the delivery of their Prizes and / or the preparation of the pertinent documentation, if applicable, all of which will be determined in due course by Design and A Publishers. In the event that the Awarded Contestant withdraws or is prevented from accepting his Prize, the next Contestant Project will be chosen in the order of merit of the Jury's evaluation, and so on.

  10. Property of the Contesting Projects: the Contesting Projects and the Awarded Contesting Projects are the exclusive property of their respective authors (whether they are Contestants or Awarded Contestants). However, the Awarded Contestants and / or Contestants, grant -by accepting these General Terms and Conditions- to Design and A Publishers the irrevocable right to use any Contestant Project and / or Awarded Contestant Project to be presented in exhibitions or publications. , both online and in print, or in any other medium or medium that Design and A Publishers deems appropriate. Likewise, Design and A Publishers undertakes to identify and reference the authors of the Contesting Projects and the Awarded Contesting Projects when making any of the aforementioned publications regarding any of said Contesting Projects and / or Awarded Contesting Projects. In turn, Design and A Publishers reserves the right to alter the Contesting Projects and / or Awarded Contesting Projects in order to adapt them to any publication format, both online and in print, without modifying the essence of the Contesting Project and / or Project. Awarded Contestant in question. Furthermore, in the event that an Awarded Contestant Project is brought to life through its development and construction, Design and A Publishers reserves the right to modify said Awarded Contestant Project to adapt it to the real and specific needs for said purposes, always maintaining its essence and working in coordination with the Awarded Contestant in question.
    Contestants are responsible for using copyright-free images. Design and A Publishers is not responsible for the use of protected images by Contestants.

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