Terms and Conditions of Use
This regulation governs the use of the site Openarte.it describing purpose, object and services.
And however exposed to renewal and integration of the broadcast, during registration, Users Openarte and buyers, who will be required to specifically consent to all conditions p>
1. Description of Web Site
The Website provides, among other services, a brokerage service in the business of online digital images of paintings, photographs, illustrations or other graphic works, sculptures and bas-reliefs and any work Openarte property.
The sale of such digital images is via the load (upload), the search and retrieval (download) of its files. Transactions will be governed by the conditions set out in sections 9 and 10.
The website is divided into a public, visible to anyone accessing the site, and a private sector, visible only to registered users.
The public sector offers to all visitors general information on the Web Site, the chance to see the works online, access to a special search engine, the ability to read and post comments on the official blog of Openarte, (hereinafter called the & quot; Blog Openarte & quot;), the ability to view and post comments on the personal blogs of Users (hereinafter called & quot; Blog User & quot;), and the process to start and complete your application to become a Member. < br /> The private part is instead available only to registered users according to one of three different procedures: User - Standard, User - Buyer, User - Openarte (Exhibitor).
A Openarte which offers, in addition to the services already available in the public area and the extent and in the manner imposed by their contracts - regulations can: upload and transmit the works on and through the website, publish their creations in Blog User , access their accounts on the Website (& quot; User Account & quot;), buy the right to download the chosen work.
Registration is via the user acceptance of the proposed contract forms and insertion of personal data, resulting in recording and release of username and password for access to the private and the creation of a User Account personnel only.
Upon enrollment, each user has the opportunity to accept the designation of a country which correspond to a predetermined language and a coin from Openarte, and shown by default by IP address from which the user accesses the Web Site. Openarte, in its discretion and upon reasoned request of the User, can give the opportunity to choose a country other than the one from which the user accesses the Web Site while remaining language and currency from the predetermined Openarte in relation to that country. Once entered during registration, these data can not be modified for any reason. Users may also be prompted to specify if you sign up individually or as legal representative of the company or corporation or bodies, which will be specified here, PI and up to the Chamber of Commerce. p>
You can upload or download images of works according to the quality acquired after recording (Standard User, Buyer, Openarte) and under contracts accepted during registration, or the & quot; Agreement & quot loading of Opera; or the & quot; Agreement downloading Opera & quot ;.
The user can load a Openarte Opera only through access to your Membership Account, agreeing to subject its Opera applicable to the contract on the basis of certain qualities of the Work itself, specified by the User and as to exclusivity , the uses authorized Work and the like. The Member shall also enter keywords and a description of the Opera to the search engine of the Web Site may classify and search for it. The amount of compensation applicable to the non-exclusive sublicenses granted to Members who transmit the Opera, must comply with the standard pricing and payment policies of the Web Site. The amount of compensation applicable to under-exclusive licenses granted to Users transmit l Opera, you must be specified by you author within the limits of a pre-defined range of prices.
Openarte may also, at its sole discretion, place certain limits on the uploading of Works.
A user sends an Opera via access to your Membership Account, paying with a certain number of credits, and only if he or she agrees to respect the & quot; Agreement for Broadcasting Content & quot; for such Work and such / the use / s.
2. LICENSES OFFERS
Openarte itself as a promoter and intermediary in the transfer of rights relating to the use of the image obtained by downloading the digital format of a work, previously uploaded to the site by its author, within the limits and prohibitions imposed by law and by the website.
Openarte offers two types of licenses: A license and the license subscription.
This type of license enables whoever acquires to use the image without limit of time or diffusion limits, geographic or volume. A license granted in the images can be used by those who download for: private exposure, exposure in public places, advertising, documents, business purposes, publications also used for the distribution or sale of flyers, catalogs, advertising materials, packaging, websites and blogs. With A License you can use the image as illustration: advertising, flyers, newspaper articles or books, catalogs and brochures, websites and blogs, business documents and school, slide shows, films, documentaries, commercials, television.
Extended License X
This type of license allows those who acquire, to use an image for the creation and distribution or resale of items derivatives (clothing and tapestries, posters, cards, canvas, window stickers, signs and the like but also templates for websites) With Extended License X you can use the image in cases where its importance is dominant over the finished work, for example in the creation of shirts, mugs, postcards, posters etc for distribution or resale.
The registration as a user of the site implies acceptance of terms and conditions, as well as being exposed in this document that the registration procedure itself.
Openarte reserves the right, in its discretion, to modify at any time the terms and conditions of this contract in whole or in part. These changes will be effective upon their publication on the Website and the notification to users. Access to the private area of the Web Site following the publication and notification of these changes implies recognition and acceptance of these changes.
If the User considers the terms and conditions of this Agreement are no longer acceptable, even after amendment, you are no longer authorized to access the private area of the website.
The services offered by the Web Site may only be used by individuals who can enter into a contractual commitment under the laws applicable. The access to the Web Site is not permitted to minors unless supervised by an adult, father, mother or guardian, who will be responsible for using the Website.
In case of purchase of a license of one of the works on behalf of a legal person, the buyer represents and warrants that it has the authority to accept the terms of license of works on behalf of the legal person, on whose behalf It assumes all responsibility, including damages, against Openarte and its third party licensors and assigns, for the violation of the terms and conditions contained herein.
The User Account on the Website may not be sold or transferred to third parties for any purpose.
4. Use of Works
You may not use, reproduce, distribute, publish or create derivative works from those that appear on the Website until after the conclusion of a contract for the transmission of Opera, and you can do so only by accepting the conditions expressly indicated by the website .
All works on this server Openarte are protected by copyright. The purchase of the license does not involve works on the purchaser the purchase of the property in works or the purchase of fatherhood on the same. On the use of works for editorial purposes, the copyright must be clearly displayed next to the image as follows: & quot; © Openarte / name the licensor & quot ;.
You acknowledge and agree, by registering in the private and the acceptance of the Agreement download, no ownership of any Works can be transferred, and no sale of any Works can be effectuated, on or through the Website.
The Web Site is happy to grant the license to use the work or for the commercial exploitation of the same, retaining the grantors of licenses paternity and / or the copyright in the Work itself.
5. Restrictions and Prohibitions
You, with the recording process, agrees and undertakes not to use the Website in a manner other than as authorized by these conditions and those specified at registration, or through conduct contrary to Italian law, and that of the country User membership.
E fatto absolutely forbidden to post content and images of child pornography or that involve the exploitation of children.
E absolutely forbidden to upload or post erotic and pornographic works, if these are intended for images suitable to offend common decency or other representatives genital organs in the context of eroticism, sex, scenes of sadism and masochism. Do not fall in that category as the works of art nudes Openarte.
E absolutely forbidden to copy, manually or automatically, or collect information about users Openarte, including their e-mail addresses, without their consent.
E absolutely forbidden to upload or publish on the website a Work or other material that is offensive, slanderous or libelous.
E absolutely forbidden to give in to the third Openarte account or username without the consent of the Web site.
E absolutely forbidden to use or publish spamming, chain messages, spreading viruses or any Openarte technology aimed at damaging Openarte or the rights of third parties, users or not.
E absolutely forbidden any form of use of the Website or the services offered by this, for any purpose that is unlawful or fraudulent, such as buy works for the sole purpose of increasing the price of a Openarte.
E absolutely forbidden to reproduce, in the works uploaded to the website, images and / or portraits of third parties, without the written permission of the latter.
E absolutely forbidden to publish and / or upload works of which the User is the author or other holder of the right of economic exploitation.
Openarte on the Website does not allow the violation of copyright, or activities that constitute infringement, or infringement of any intellectual property.
Openarte take all precautions to reduce the digital reproduction of the Image by third parties without your permission.
In this regard, resizing, adding copyright information inside the file, the Watermarque are, among others, technical solutions that prevent the unauthorized reproduction of digital images on this site.
Openarte can not verify and does not verify that Users - Openarte have the right or ability to distribute the works uploaded to the Web site but still uses a control system of property rights that allows anyone with an interest to report any violations. < br /> With this control system, those who denounce an abuse of copyright or insertions potentially sub-standard, can request its removal from the website. The control system is to ensure that the works uploaded to the Web site do not violate copyright or other intellectual property rights of third parties.
Openarte reserves the right to remove a work from the Web site, without the need for notification of third parties, if it finds the violation of copyright or other intellectual property rights and / or image of third parties.
Similarly, Openarte reserves the right to remove a work whose loading violates one or more of the prohibitions set out in this point, without any notification to the User who has loaded.
To this end Openarte reserves a period of 5 days after the loading of the Opera, directed at a control dell offensività of moral, custom or third-party rights in the same, first to ensure the online publication of the Opera itself.
You will still have available ulòteriori five days to communicate to Openarte any reasons impeding the removal and / or insertion of the Opera.
Openarte will, at its sole discretion, the ousting of the User from the Web site, because the entity of the violation and the nature of the rights violated.
6. Notification system and control violations
The third party has reason to believe that a work load on the site infringes Openarte own or other people s copyright or exclusive economic exploitation, may denounce the alleged violation through communication with our staff, indicating, in writing, as follows:
(I) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(Ii) Identification of the Work or works protected by copyright, which is alleged to have been infringed copyright or exclusive economic exploitation;
(Iii Information reasonably sufficient to permit Openarte to contact you, such as an address, a telephone number, and if available, an email address; p>
7. Limits of responsibility and prerogative of the website
User in the register, you acknowledge and agree that Openarte is not required to verify the membership of the works submitted on the Website. You also agree to be responsible for the origin of the works and the legitimacy of their loading on the website .
Openarte is also not in any way responsible for the material / content of other websites linked via hyperlink, or accessed directly from the Web, including blogs, comments to a blog or forum on the Website. Likewise Openarte not It may be held responsible for the material / content of other websites which through links lead to Openarte.
Openarte reserves the right, in its sole discretion, to change or discontinue service at any time on the Website. The website reserves the right, in its sole discretion, to terminate or cancel at any time the recording of user, erasing his username and his password.
You acknowledge and agree that Openarte may store personal and other data relating to him on his computer.
Openarte never reveals, does not sell or lease its customer lists to third parties the personal information collected during registration, by Users, for any reason. The personal information will only be disclosed to the competent judicial authorities in the event of a dispute.
Upon registration, we will ask for some personal information.
In order to offer a personalized experience, use is made of cookies and other technologies to keep track of your interactions with our site and services.
Personal information is also used for communication with the user. It may send certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements.
The use of the collected information is to provide the services requested by the user.
You can ask at any time, delete your profile from Openarte and cancellation of its registration.
Each transaction made by means of Openarte, takes place using the email associated with the account paypal Art and territory srl for the share to Openarte, and using the mails he inserted master data from the control panel, associated with the PayPal account of User artist, as artist fee due to the user who uploaded the work. You will acquire buyer, credit card, debit, or online payment account, or bank transfers oo electronic means as then permitted by Openarte, or the download link of the works included in the shopping cart and pay through payment account online. The User artist, happened to purchase the works, so legitimately downloaded by other Members, will acquire, as established in the contract conditions laid down in the conditions of the contract signed at the time of registration, his compensation directly on the PayPal account associated with the email he inserted master data from the control panel. The User buyer, upon purchase, ensure the ownership of the card or the account used and the accuracy of the data transmitted to the billing. You agree to keep secret and not to transfer to anyone the username (login) and the points account user (User ID) that Openarte granted and Password created and approved by Openarte. You acknowledge and agree that you are solely responsible for your user name and the corresponding password, personal details and the e-mail attached to the paypal use of which will still be liable to the site Openarte and third parties. The payment conditions and constraints, can expect expressly specified with the opening of business in date. All the possibilities of exploration and storage of the works are still usable immediately
10. Payments and Rates
You purchaser will engage, in the registration website, to correspond to Openarte compensation by way of mediation, in accordance with fare conditions, also reported on the purchase and download of each work. Likewise the User artist will undertake to pay compensation on the same basis. The fee will vary according to the different types of licenses for the use of the Work discharged, as described in paragraph 2 of this Regulation.
11 .Confidentiality Guarantee and indemnity You represent to ensure the site Openarte, as well as its owners, employees, directors, affiliates, agents, from any economic consequence deriving from improper use of the site and in any case not in compliance with laws, regulations and contract terms, pledging to keep free and still repay the subjects mentioned by every expense, including legal, compensation and so the same were required or forced to pay to third parties as a result of such unlawful or / or improper use.
You acknowledge that Openarte, using means of control and protection equal to or higher than those required by specific care and offered by modern technologies, can not be and is not in any way responsible for violations of laws, regulations or rights of third parties arising from conducted by registered users, from loads of works, from claims made on the blog or on the forum. p>
12. Termination of contract.
Openarte may at any time terminate the agreement signed in the event of breach by User to obligations, prolonged inactivity of the User on the website or in the case of violation of laws, regulations, or at least of any of the prohibitions set out in point & quot; Restrictions and Prohibitions & quot ;. In that case Openarte communicate the termination of contract the User via email sent to the address on their registration.
The termination of the Agreement does not release the user from any obligations not yet fulfilled in relation to uploading or downloading of a work.
Openarte shall not remove any Works you have uploaded prior to suspension, and these works will always be available to download, but excluding the work in relation to whom it is given away by the findings as to the existence of any shortcomings and / or violations of prohibitions. p>
Court jurisdiction over all disputes relating to the application and / or interpretation of this Regulation or of the contract which the User during the registration is to join Padova.