Please read the following terms of service carefully because they contain the legal terms and conditions of the agreement that you must accept before using the Artshell application, the website at Artshell or any of the services provided as referred to in these Terms.
3. Indemnity, Disclaimers and Limitation of Liability.
You will not use the Application, Website or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Application, Website or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Application, Website or Services.
THE APPLICATION AND THE MATERIALS AT THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL ARTSHELL OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF ARTSHELL. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Child protection.
We are concerned about the safety and privacy of our users, particularly children and we do not knowingly solicit personal information from children or request personal information from them. You must be 14 or over to use the Application, Website or Services. If you are under 18, please get your parent/guardian’s permission before you provide any personal information to the website. Without permission, you are not allowed to provide us with personal information. Parents who wish to allow their children access to and use of the Application, Website or Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, upload tools and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Application, Website or Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes and ensure that the email address we have for you is correct, should we decide to notify you of changes.
We are committed to responsible data management and subscribe to the principles of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Application, Website or Services. We will not pass on any of your details to any third party without your permission unless they are working on our behalf to provide the services you have requested. We may share your personal information if we are required to by law or some legal process or if we believe disclosure is necessary in the public interest. We will not transfer information about you outside the European Economic Area without suitable safeguards or your prior agreement.
8. Your account.
8.1. User Account, Password and Security. In order to open an account at Artshell you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. If we believe a serious breach of security has occurred we reserve the right to close your account without notice. In no event will Artshell be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
8.2. Namespace. We will try and assign you the username that you request and it is your right to claim the name of your choosing but the name you want may already be taken. You should not attempt to create an account with a username to either impersonate another person or an organisation or in order to prevent them registering a name that they might have a more legitimate claim to use than you. We will not adjudicate any disputes, however, we reserve the right to reassign your username in special circumstances but would not do so without good reason or warning as this would have the effect of changing the addresses of all your material and your sign in credentials.
9. Acceptable Use.
9.1 ARTSHELL ALLOWS ITS USERS OR ACCOUNT HOLDERS TO POST MATERIAL TO PERSONALISED PAGES IN THE APPLICATION AND ON THE WEBSITE (“USER PAGES”) AND SHARE THEM WITH OTHER PEOPLE IN PERSON AND VIA HYPERLINKS. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF USER PAGES OR LIABLE IN ANY WAY FOR THIS MATERIAL. AS A USER, YOU ARE FREE TO TELL US IF YOU SUSPECT THAT MATERIAL PUBLISHED ON THE WEBSITE OR THE APPLICATION INFRINGES THE LAW, OR CAUSES OFFENCE BUT WE MAY BE UNABLE TO TAKE ANY ACTION. WE WILL FOLLOW UP ANY SUSPECTED BREACH OF THESE TERMS AND CONDITIONS AND COOPERATE TO THE FULLEST EXTENT WITH ANY LAW ENFORCEMENT AGENCIES.
9.2 We acknowledge that in order to create Content pages on the Application or Website which you can share, you may, from time to time upload material to which you do not own the copyright, such as photographs of works by artists. However, it is your responsibility to ensure that you have secured the necessary rights to publish copyrighted material and you agree to indemnify Artshell against all legal costs, fines, damages and judgements resulting from legal action regarding any content you put on the Website or Services. You acknowledge that all photographs, pictures, content, text, artwork, files, sound, graphics, video, data, and other similar materials that you upload or “post” to the Website or store in the Application (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Artshell will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
9.3 Our right to distribute the Content. Artshell do not claim any ownership rights in the photographs, pictures, content, text, artwork, files, sound, graphics, video, data, and other similar materials that you upload or “post” to the Website or store in the Application (“the Content”), however we do need your permission to display the Content within the Application or Website, or on any of the Services we provide as part of the Service. For this reason, you hereby grant to Artshell a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly display and reproduce such Content, including without limitation distributing part or all of the Content in any media formats through any media channels necessary in order to provide the Service. In the event of any dispute arising over the misuse of such Content, we reserve the right to remove material without warning.
9.4 You agree not to use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise; post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful; post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, sexuality, nationality or otherwise; threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others; use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party; make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another; collect or store personal information about others, including email addresses; impersonate any person or entity for the purpose of misleading others; violate any applicable laws or regulations; use the Application, Website or Services in any manner that could damage, disable, overburden or impair the Application, Website or Services or interfere with any other party’s use and enjoyment of the Application, Website or Services; post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement); attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Application, Website or Services through hacking, password mining or any other means. We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
9.5 One account. You agree not to use more then one account for the same gallery or organisation. Individuals or organisations who have material to store, present, offer or distribute need to have their own accounts.
10. Intellectual Property Rights.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Application, Website or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Application, Website or Services. If you have a paid account, you have the right to terminate your account at any time either by following the links on the Artshell site or by emailing us at firstname.lastname@example.org and you will only be charged to the end of the current billing period.
12. Availability of the Service and Backups.
Although the Website and Services are normally available and we will make every effort to maintain the availability of the service at all times, there will be occasions when the Website or other Services provided by the Service Provider will be interrupted for maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control. Much of the Content stored on the Artshell Website and in the Artshell Application is stored on third party servers “in the cloud” on services such as Amazon’s AWS storage service (http://aws.amazon.com/) or a similar. In some cases, single copies of your image files are stored and we do not back up your images to another location. Consequently, Artshell encourages you to maintain your own backup of your Content and Artshell will not be responsible for the loss of your Content. Artshell reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Artshell in order to comply with certain legal obligations and may not be retrievable without a valid court order. In other words, you should not rely on the Application, Website or services to be the sole place in which you store your data and should ensure that you have your own backups.
13. Links to third party websites.
The Application, Website or Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Artshell is not responsible for the content or availability of any such sites.
14. International use.
You agree to comply with all applicable laws regarding the transmission of technical data exported from Italy or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
16. Governing Law.
These Terms and Conditions shall be governed by and construed in accordance with the law of Italy and you hereby submit to the exclusive jurisdiction of the Italian courts.
Artshell S.r.l – STARTUP INNOVATIVA
Via Carducci 8, 2123 Milano