General Terms & Conditions
Legal Notice.
Please read the following terms and conditions before using the following website.
The navigation and the use of the website is accessible through UR (hereinafter the "Site") implies the full acceptance of these general terms and conditions of use of the Site and other special conditions and legal notices published in the designated pages and sections of the Site (hereinafter, overall, the "General Terms") for the use and fruition of individual services and/or contents and/or materials of any type (hereinafter, collectively "Contents"). The user acknowledges to have read and agrees to these Terms and Conditions of use and/or any other note, legal notice, statement or disclaimer published anywhere on the Site
Obligations and guarantees hereunder specified are lent by the user both independently as well as in fact of any third party linked to him and that is authorized by him to use the Site.
The definition of “Site” also includes the on line presence of the company Art Hub Live on any social network (actually: Facebook and Instagram) where Art Hub Live eventually manage any kind of activity and/or relationship with users on line. As a consequence, the user acknowledges and accepts – within the limits of applicability of these General Terms and Conditions – to comply with and to be bound by these General Terms and Conditions (in addition to eventual Guidelines, Regulations, etc as may be imposed from time to time by the social networks’ holders concerned) even in the cases when the user browses other web sites and/or networks anyhow imputable to Art Hub Live.
1. SUBJECT-MATTER.
These General Conditions govern the terms of use of the Contents and of the Site, owned by Art Hub Live.
The use of the Site and the ability to access Contents and services are subject to the acceptance of these General Conditions. If you do not intend to accept these General Conditions we ask that you do not use the Site and do not download any material from it. The use and/or navigation within the Site shall be construed as tacit acceptance of these General Conditions.
Access to certain Contents of the Site may result in user acceptance of additional terms and conditions of use and, as appropriate, may replace, supplement and/or modify these General Conditions.
2. MANDATORY GENERAL INFORMATION.
Under the EU Directive 2000/31/EC, the following general information are mandatory.
The Site is owned by the company Art Hub Live – legal seat in ………………………. Tax Code and VAT number …………………….
The contact details allowing the user to quickly contact Art Hub Live and communicate directly and effectively with the same, including e-mail address are:
Tel.
Fax
e-mail:
3. REGISTRATION. USE OF THE INFORMATION AND CONTENTS. GUARANTEE AND LIABILITY.
Users who wish to use some of the services offered on the Site should proceed to registration, or provide personal information to Art Hub Live Anyone wishing to register is obliged to ensure that the personal data provided is correct and up to date, assuming all responsibility for the correctness and veracity of the information provided. In the event of changes in the data provided by the users, it will be the responsibility of the latter to inform Art Hub Live of updates as soon as possible. In the event during registration a user indicates third party information, he ensures to have previously complied with all of the requirements provided by the applicable data protection laws.
The information and contents available on this Site are accessible free of charge, unless otherwise specified. The information and contents available on this Site are of a purely informative nature, unless otherwise and specifically established (e.g. commercial offers, discounts, promotions, e-commerce etc.), do not constitute a contract nor an offer to the public under art. 1336 of the Civil Code of products and/or services described nor can be considered binding for negotiation or commercial relation.
To the extent provided by the applicable laws and unless otherwise specified on the basis of generally accepted business practices, users acknowledge that the use of the Site is at one’s own risk. The Site is provided "as is" and on a "as available" basis. Art Hub Live does not offer any guarantees regarding the expected results, desired or obtained through the use of the Site.
To the extent permitted by the applicable Law users declare and guarantee to maintain indemnified and hold harmless Art Hub Live, its representatives, employees, collaborators, associates and its partners from any claims for damages, including legal fees, that may arise against them in connection with use of the Site. Where the applicable legislation does not allow exemption from liability, liability for Art Hub Live will in any case be limited to the extent of the law.
Art Hub Live is not responsible for user's claims of inability to use the Site and/or Contents for any reason. Art Hub Live cannot be held liable for damages, claims or losses, direct or indirect, arising to users by malfunction and/or failure of electronic equipment of such users or third parties, including Internet Service Providers, telephone and/or computer links not directly managed by Art Hub Live, as well as actions by other users or other persons having access to the network.
Art Hub Live reserves the right to disconnect at any time, temporarily or permanently, the Contents (or any part thereof). The user acknowledges that Art Hub Live will in no way be liable toward users or third parties for the suspension or interruption of its Contents, save for specific, different and possibly additional contractual commitments entered into, with the users.
Any information (text or graphics) in relation to the goods and/or services offered on the Site which come directly from suppliers of Art Hub Live will not result in any liability to the same, taken the individual provider’s own responsibility of exclusive information specifications and descriptions herein provided. Consequently, Art Hub Live does not assume any responsibility for inaccuracies, graphical errors explicit or implicit warranty on the information, the Contents and the software, marketability and suitability for the particular purpose of information, goods and services offered or communicated by suppliers on the Site, while stating that, upon request and within the limits of the law, will provide the names, addresses and any other data necessary to identify the supplier and/or producer of goods and services offered.
The user agrees to use the Site and it’s Contents diligently, correctly and lawfully and, in particular, for the purposes only by way of example and not limited, you agree to refrain from:
(a) any misuse of the Site in violation of law, these General Conditions and all other information published on this Site, or contrary to morality and code of ethics;
(b) from any action that may affect the rights and interests of Art Hub Live and/or third parties, including intellectual or in-dustrial property rights, or damage, impair or impede in any form the normal use of the Site, or computer media docu-ments, files and content of each class of stored in it;
(c) reproducing, copying, transforming, distribute, disclose or make available in any other form to other sites or to the pub-lic any material and/or information contained in the Site, unless such action is expressly authorized by Art Hub Live
Art Hub Live disclaims any responsibility for information (text or graphics), documents or materials placed by users in the Site while using a particular Content.
The user agrees not to use the Contents or any other services or functionality of the Site to: a. upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or slanderous, vulgar, obscene, damaging, of another's privacy, racially marked, ethnically or otherwise objectionable; b. prejudicing in any way, anyone under age c. impersonating any person or entity, for example, as a representative of Art Hub Live, or otherwise lie about their relationship with others; d. forge headers or otherwise manipulate significant marks or references in order to forge the origin of a content transmitted through any type of function available on the site, e. upload, post, email or otherwise transmit any content that does not have the right to be transmitted or spread under a provision of law, a contractual or fiduciary relationships (such as inside information, confidential information acquired by the virtue of an employment relationship or protected by a confidentiality agreement); f. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property rights and/or intellectual property rights of third parties; g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," chain letters, pyramid schemes, or any other form of unauthorized or unsolicited materials h. upload, post or otherwise transmit any material that contains viruses or other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of third parties; i. disrupt the normal flow of communication, or otherwise act in a manner that negatively affects the ability of users to use the Site; j. interfere with or disrupt the Contents and/or servers connected to the Contents; k. violate, intentionally or unintentionally, any applicable laws or regulations; l. stalk or otherwise harass third parties; collect or store personal data of other users.
In any case, is expressly understood that Art Hub Live, at the request of the competent authorities will act promptly to remove such contents immediately, in consistency with the technical times required for this operation and will terminate authorization to access the Site for the user responsible.
Art Hub Live reserves the right to take appropriate action against users who do not act in full compliance in particular with reference to the provisions of this paragraph.
4. LINKING.
The Site offers links to other web sites or other Internet resources. The user acknowledges and agrees that Art Hub Live is not liable or responsible for the operation of such external sites or resources.
Hyperlinks cannot be created without the prior written consent of Art Hub Live. In any case, the creation of such links, even if authorized, will not give rise to any liability to Art Hub Live, provided that the same reserves the right to request at any time the removal of such links .
Art Hub Live is not required to review, and does not control the content of said web sites and accepts no responsibility for the content and/or material, including advertising, on such sites or resources or for products or services offered. Except where otherwise provided, such products or services cannot be considered sponsored, shared or supported by Art Hub Live, and therefore the user assumes all responsibility for use and purchases of services or products which may be made.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY.
The Site and all its Contents are the sole property of and reserved by Art Hub Live, and/or its licensors or assigns and/or third parties where indicated, and are protected by applicable national and international laws protecting the intellectual or industrial property rights.
With the term "Site" - for the purposes of the applicability of the provisions of this paragraph - Art Hub Live means any content and computer-based technical element of the Site, including, by way of example but not limited to, the software that allow the operating and related codes, electronic databases, texts, photographs, press reviews, animations, audio and video files regardless of format, reproductions of trademarks, logos, trade names of products and/or services, etc. the technical solutions adopted, the graphic design, structure and any other part already made or to be made.
With the term "Intellectual and Industrial Property Rights" relating to the Art Hub Live means all the rights recognized and protected by applicable national and international laws, including - by way of example but not limited to with respect to all countries of the world and without any limit - any claims arising from patents (including the right of filing the application), present or future copyright, trade marks and/or service (whether registered or used by Art Hub Live), brands, commercial trade names, companies, know-how, domain names, databases and all relative applications.
With the term "Materials" Art Hub Live means all the Contents of the Site and other content such as - by way of example - texts, images, graphic design, files, software of all kinds, audio, video, virtual animation, multimedia and/or hyperlinks, regardless of formats, from media that have extension (for example but not limited to: mp3, wav, mpeg, gif, doc, etc.), the size, the version in use, from techniques used for their distribution and/or transmission.
The Materials published on the Site may be used under the following conditions:
1) the use must be preceded by a written request for authorization to be sent to Art Hub Live, which will not unreasonably deny such use, as appropriate;
2) the materials will remain in their original format and, if reproduced, must always bear the signs of its proprietary Art Hub Live and/or any third party or relating to copyright or authors;
3) the use, for any reason and for any purpose must be for non-profit;
4) the source must be credited, the author and/or rights of the Materials and the web address from which they were taken;
5) use in any way and for any reason of materials represented by legal texts (e.g. information, contract terms, etc.) published on-line is prohibited. Any violation will be prosecuted according to law;
For any questions concerning the use of the Materials, Content available on the Site and/or on the regime of Intellectual and Industrial Property Rights, you can contact Art Hub Live at the following e-mail: info@arthublive.com.
The Materials published on the Site were examined closely, and were processed with the utmost care. In any case, errors, inaccuracies and omissions may occur. Art Hub Live cannot be held responsible - with reference to materials freely available on the site - for errors and omissions nor for any reliance that you make about the Materials.
Unless otherwise stated, the information contained in the Materials are for information or updates purposes only and not of an exhaustive nature, nor can they be understood as an expression of an opinion or a statement or assumption in order to make decisions. Art Hub Live cannot be held liable for any act or omission the used by the users following the use of the information contained in the Materials without having preemptively requested to Art Hub Live a specific study or opinion.
The user agrees to comply strictly with the terms of use of Contents and Materials accessible on the Site and to comply with all Intellectual and Industrial Property Rights relating thereto. He will be liable for all harmful acts further giving wide indemnity to Art Hub Live in the event of breach of national and/or international rules on the protection of Intellectual Property and/or Industrial laws.
6. AMENDMENTS, APPLICABLE LAW AND JURISDICTION.
Art Hub Live reserves the right to make changes to the Site, these General Conditions and other legal notices published anywhere in the Site at any time. Upon consultation, the user must always make reference to the current text version of the General Conditions and other legal notices published.
The changes will take effect in the moment they are published on the Site. The continued use of the Site by the user, as a result of a change, will be considered acceptance of those changes.
All users can check at any time, via the website the latest version of the terms and conditions of use of the Site, from time to time updated by Art Hub Live
The General Conditions, other legal notices published on the Site and the relationship between the Art Hub Live and users of the site have been construed in accordance with and governed by the Italian law. All disputes between Art Hub Live and users connected or related to the use of the Site and/or its Contents are reserved to Italian jurisdiction and exclusive jurisdiction of the Foro of Rome, within the limits provided by:
• Regulation (EC) No 593/2008 Of The European Parliament And Of The Council Of 17 June 2008 on the law appli-cable to contractual obligations (Rome I);
• Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applica-ble to non-contractual obligations (Rome II);
• Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
Where some provisions of these General Conditions and/or other legal notices published on the Site are deemed invalid or inapplicable, the same will still be interpreted in such a way as to reflect the common intention of the Art Hub Live and its users, according to the remaining provisions of the General Conditions and/or other legal notices published on the Site.
The failure of exercise by Art Hub Live, of rights and provisions provided in these General Conditions and/or other legal notices published on the Site does not constitute waiver of rights without the express written statement of Art Hub Live
7. MISCELLANEOUS.
Art Hub Live is pleased to obtain from the public information or suggestions about the Site and/or Contents. Users can contact Art Hub Live at the following e-mail: info@arthublive.com. Any suggestions or information obtained by Art Hub Live will be treated as non confidential information and may be used without limitations. The user will be held responsible if the information provided to the Art Hub Live infringes rights of third parties.
© Art Hub Live S.P.A. 2020. All rights reserved.
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