Artrooms ("Artrooms," "we" or "our") provides a sale and rental service of original artworks("SERVICES") through the website www.artrooms.it. where its services are promoted with digital images, digital devices or through businesses setting up.
These terms and conditions administrate your access and your use of our site and services. They also make up a binding legal agreement between you and Artrooms. Some areas of the site and the access to specific services may have different terms and conditions or it may be required you to accept additional terms and conditions. If there is a conflict between the terms and conditions posted for a specific area of the Site or for specific services, last conditions shall prevail with respect to your use of or access to that area of the Site or the specific service.
THE ARTIST and PURCHASER ACKNOWLEDGES AND AGREES THAT, BY ACCESSING OR USING THE SITE for sale / rental or purchase artworks, THROUGH SITE SERVICES and related publishing content, you are indicating that YOU HAVE READ, UNDERSTOOD AND AGREED these terms, AND THAT YOU HAVE ALSO REGISTERED ON THE SITE.
IF YOU DO NOT ACCEPT THESE TERMS, then YOU DO NOT HAVE THE RIGHT TO ACCESS OR USE THE SITE AND ITS SERVICES. If you accept or agree on these terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and, in this case, "you" and "your" will be the reference for applying conditions to the company or other legal entity.
Artrooms reserves the right, on its discretion, to modify, suspend or discontinue the site or Services or to modify these Terms, any time and without notice. If we modify these Terms, we will post the changes on the Site or we will send a communication to you. Keeping on accessing or using the Site or the Services after we have posted a modification on the Site or after we have sent to you a comunication, you indicate that you agree to be bound by the revised terms. If modified Terms are not acceptable to you, your can stop using the Site and Services.
The Site and Services are destinated only for 18 (eighteen) years old people or more. Any access or use of the Site or Services by anyone under eighteen (18) years is expressly prohibited. By accessing or using the Site or services, you declare and certify that you are at least eighteen (18) years.
In order to place an artwork in the web-catalog or to make a purchase through the Site, you must create an account ("Account") by the registration process. During this process you will be asked to provide information and to set a user name and a password. At the end of your registration process you will become a "registered" member. The USER undertakes to provide accurate and complete information during the registration process and to update such information anytime it’s necessary. Artrooms reserves the right to suspend or terminate your account if the information provided during the registration process or thereafter, will be recognized as inaccurate, not current or incomplete. You are responsible for safeguarding your password. You must not divulge your password to any third parties and you are the only one who is responsible for any activities or actions under your account, whether or not you have authorized such activities or actions. You must immediately communicate Artrooms of any unauthorized use of your account.
Terms and Conditions - "ARTIST"
artworks in the catalog on the site
Your advertisements must be accurate and complete and you must comply with the guidelines of Artrooms, which are available at the following link www.ARTROOMS.it/faq. Artrooms reserves the right to edit advertisements to ensure that they conform to these guidelines. Each user agrees that advertisements may not be immediately searchable by keyword or category for several hours after switching on (and up to 24 (twenty four) hours in some circumstances). The research results of your advertisements can be based on factors that include, without limitation, titles, keywords, prices and definition of emotional work characteristics that will be required during artwork loading. You acknowledge that Artrooms reserves the right to promote and sell original art works on sales and / or discounts. The amount of sale or discount applies to the price on the artworks listing. If you want to remove an original artwork from the site you need to go into your account to delete the works included.
Responsibility for the work
ARTIST acknowledge and agree that he/she is the only one who is responsible for all original art works which are made available through the Site and Services for the sale and rental. Accordingly, he/she represents and is warrant that: (i) he/she is the creator of all original artworks and he/she is the sole and exclusive owner of all such original artworks that he/she makes available through the Site and the Services, , (ii) , he/she is the sole and exclusive owner of all digital works or he/she has all rights, licenses, consents and releases that are needed to give Artrooms rights in digital works as provided in these Terms, for digital works available through the Site and the Services (iii) neither the original artwork or digital images available on the Site and Services, nor the use of Artrooms and exploitation of itself, as provided in these Terms and Conditions, may violate, with embezzlement or violation of third party patents, any copyrights, trademarks, trade secrets, moral rights or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you agree to enter into an original artwork catalog, hereby you appoint Artrooms as a non-exclusive independent retailer with the right to resell these original art works on the Site and Services and on websites of third parties ( collectively, the "online sales") . The ARTIST grants Artrooms a license which is transferable, non-exclusive, worldwide,and he/she also grants Artrooms the right to sub-license, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of 'original artwork through online sales channels; and (ii) accessing, viewing, 'using, the cutting, scaling, copying, distribute on the license, display the publicly, perform it publicly, transmit and distribute copies of original art work in any form, media or technology which are now known or later developed for the purpose of promoting Artrooms, the website and the Services. THE ARTIST acknowledges and agrees that the license rights granted above, are free of charge and that your only reward for the grant of such license fees, if any, will be a revenue share (defined below), which is payable only when you sale your artwork on Artrooms webline sales channel.
Artrooms will be considered the seller of any original and printed artwork that are purchased through online sales channels. If an artwork and / or a printed artwork are sold through a third-party website, the terms and conditions of the third party website will be applied to the purchase by the purchaser through the website of a third party. However, you and Artrooms apply these terms, therefore, you also apply to the sale of this original artwork and / or printed artwork.
Artrooms and / or its third party service providers will be responsible for the data collection, for billing and shipping by the buyer and for the payment of such purchases through the site and processing services. For purchases made via third party websites and offline sales, distribution partners will be responsible for billing and shipping Artrooms information, as applicable, for payment processing, and they are responsible for payments transmission of such sales. the Distribution Partners and Artrooms agree, as applicable, that Distribution Partners will be responsible for transmission and shipping information related parties to Artrooms, including the contact details of the client, if necessary.
For original works, Artrooms will provide you with the name and address of the purchaser and, if there aren’t any different written agreement, you will be responsible for shipping of the original purchased artwork directly to the buyer. The ARTIST agrees to ship the original artwork to the purchaser within seven days from the date of purchase (the "Period of transport"). If you do not send the work to the purchaser within this period, then the sale will be canceled. If this transport is done through an online account of the shipping company Artrooms partners, Artrooms will be responsible for the shipping costs. The artist is responsible for providing accurate shipping weight, dimensions, shipping and the shipping address for Artrooms, if you use a shipping agreement Artrooms. If the actual shipping weight, shipping fees and the original shipping information at the time of shipment changes compared to the information provided by you, Artrooms (after providing documentation) reserves the right to deduct the resulting increase in transport costs from your Artist Revenue Share (defined below).If you do not send the artwork through a freight forwarder partners Artrooms or if you pay for the shipping cost, Artrooms will refund the amount that you have paid, up to the one that Artrooms charged to the purchaser or to the third site for shipping.
For sales of original artwork through online sales channels, Artrooms credit your account for an amount which will be determined in accordance with the terms of price and standard commission, then Artrooms currents, which can be found at (the " Artist Revenue Share ") for the sale of original artwork through the website and the Services, subject to receipt by Artrooms confirmation of delivery to the purchaser.Artrooms credit your account with the amount equal to the next Artist Revenue Share 70% of the value of the work, on the expiry of the period of return, for the sale of original works of art through third party websites, Artrooms credit your account with the Artist Revenue Share payment within a commercially reasonable time after receiving the payment from the third party website and once it has been confirmed delivered to the purchaser, as determined by Artrooms, in its sole discretion.
You agree to comply with the terms and conditions of the policy made by Artrooms - policy that applied to all original works of art which are sold through the Site and the Services. For sales of printed works by selling online and offline sales, Artrooms credit your account on the sale Dashboard with the application of 'Artist Revenue Share. as it has been determined on prices and commissions terms under standard conditions then current Artrooms, which isequal to 30% of the value of the property. You have the right to request Artrooms to remit payment (artist revenue share) on your Account in accordance with the attachment as it has been defined in the contract payment Artrooms.
When youterminate the contract or you cancel your Account, Artrooms transmit on your artist account revenue share what's left to be paid, even if there were payments on your behalf in stock. If you remove your artworks (Digital Work) from the site, the license rights to reproduce, distribute and sell Artrooms Works printed for you, will finish at the same time of this removal, except for the rights necessary to Artrooms and its external partners to complete the process of orders (sales / purchase) respecting to any order already subscribed to Artrooms, its contributors or its sales partners on-line, prior to the date of the removal of artworks. Finally, you acknowledge and agree that the license rights, which is granted by you to Artrooms in respect of the use of the Digital Work for the promotion of Artrooms, the website and the Services, will remain in force and effect only until the end of any obligation arising from the use Digital Work for promotional reasons.
Buyer-Terms and Conditions
Purchase of original artworks
As a subscriber, you can buy original artwork that are posted on the site by other members. When you purchase an original artwork through the website and our services, you are buying an artwork from Artrooms and not from the member that appears to be the author of the work. The prices of the works are given in the appropriate lists. Prices do not include delivery charges, packaging, and related fees (shown below).
Artrooms is not responsible for the proper payment of taxes, which are shown separately on receipts. Artrooms or its service providers collect information regarding your billing and your shipping and they examine your payment. The member identified as the author of the original purchased artwork will ship directly to you. The current terms and conditions (listed in the Return Policy) in the event of Return, applies to all original artworks that are sold by Artrooms through its website and its services. When you purchase original art works on-line (...) the sale will be subject to the terms and conditions of the channels of on-line sales that will be presented at the time of purchase.
Purchase of Printed Works
As a subscriber, you can buy printed works posted on the site from other members. The prices of the works are given in the appropriate lists. Prices do not include shipping costs, packaging and related taxes. Artrooms is not responsible for the proper taxes payment, which are shown separately on receipts. When you purchase printed works through the website or our services, Artrooms or its service providers collect information regarding your billing, your shipments, review your payment and send the purchased work to the address you have indicated. The current terms and conditions (listed in the Return Policy) in the event of Return, applies to all printed works that are sold by Artrooms through its website and its services. When you purchase printed artworks on-line (...) the sale will be subject to the terms and conditions of the channels of on-line sales that will be presented at the time of the purchase.
Terms and conditions for artists and buyers
Cancelling an order
Artrooms reserves the right to cancel any orders relating to Original artwork or Print Works, if it determinated, on its discretion, that the article was placed in a wrong price range, or that the article was terminated, or not available at the price stated on the website and Services.
If Artrooms cancelled an order on the site, you would be sent a confirmation email from Artrooms and you will not be charged any fees.
If you are an artist who has submitted a list for an original art work or a digital works and you have been contacted by another member through the Site and the Services partner regarding the purchase, you can not sell them separately from the Site and Services partners. On the same way, if you are a buyer and you desire to buy a artwork or a digital work, you can not buy them with the account of another member.
All prices, fees, expenses and other amounts referred to in these Terms, including any rates, fees and expenses indicated on the Site, are quoted in EURO and do not include any service sales, use, value added ("VAT"), goods and services tax ("VAT") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental taxing authority or that are otherwise payable in relation to the purchase, sale and licensing and that are contemplated below (collectively, "Taxes").
If you are a buyer of original works and / or printed works, you acknowledge that Artrooms add taxes to the charged amounts as expense, in case of need or when it’s allowed. Each party shall be responsible for compliance with any and all obligations imposed by the law in according to payment of any taxes. Each party agrees to cooperate with the other party, and to provide the other party with all the usual written documentation or forms that are required by the law to enable the other party to comply with these obligations or to exercise your rights under the laws in force in order to minimize or to qualify for an exemption from these requirements.
The user acknowledges and agrees that Artrooms for reasonable commercial reasons strives to display the colors of original artworks, digital artworks and printed works through the Site and other services. However, because individual computer monitors may display colors differently, Artrooms is not responsible for the accuracy of the color of any original art works, works on paper or digital content on the Site and the Services, and it disclaims any liability in this regard .
In addition to the presentation in the catalog of original artwork and digital works, Artrooms may, in its absolute discretion, for the different areas of the site where members can post, upload, publish or send text, graphics, audio, Video, images of works of art or other content, or to the Site (individually or collectively, "User Content").
"User Content" excludes any images of original artwork or digital works for which a subscriber has a profile as described in "Terms and Conditions - writing ARTIST" above. Artrooms does not claim any ownership rights in such content, and it shall be deemed to restrict any rights which a Member may have to use and exploit such User Content.By making available any User Content on / or through the Site and the Services, (i) the user grants Artrooms not an exclusive worldwide, royalty-free license, no commission to crop, resize, publicly display, publicly perform, distribute, disseminate and transmit such User Content on or through the Site and the Services in any form, media or technology now known or later developed, with the aim of promoting Artrooms, Site and the Services, and (ii) the user grants directly from other users right and license to display the contents written to / or through the Site and the Services only in association with your licensed use of this Site and the Services in writing. We reserve all other rights and licenses of any User Content available on or through the Site and the Services.
You acknowledge and agree that you are solely responsible for any User Content available through the Site. You represent and warrant that: (i) is the sole and exclusive owner of all User Content that you make available on the website or that you have all rights, licenses, consents and releases that are necessary to make available the content writing and to grant all rights and licenses of such User Content as provided in these Conditions, and (ii) neither the content nor the writing make available any User Content on the Site, or any use of any User Content as permitted by the Conditions may violate, misappropriate or violate a third patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Artrooms also makes available through its Site and Its services, text, graphics, audio, video and images of the Works (collectively called content Artrooms), some of which are owned by Artrooms (Content owned Artrooms) and some of which are available in front of the authorization of its employees (authorized content Artrooms). Artrooms permission to download, display and print the contents of his property for personal use only, while browsing the site. If you can manage Joined downloading, viewing and printing in the exercise of the rights guaranteed to members of this Regulation. For authorized content Artrooms the scope of your rights is defined solely in the license agreement which outlines the use, as indicated on the site page where the content appears. Nothing that is written in this regulation, will change, define or limit the scope of your rights as regards the content of authorized Artrooms.
No license or permit shall be granted or implied with regard to intellectual property rights owned or controlled by Artrooms or its authorizatory, with the exception of authorizations specifically set out in this Regulation. Those who subscribe to the general prohibitions in this Regulation agrees not to do the following: post, download, post or transmit any text, graphics, images, software, music, sound, video, information or any other material that:
1 - infringes, violates or appropriating patent, copyright, trademark, trade secret, moral rights or intellectual property rights, rights of publicity or privacy of the employees of Artrooms;
2 - violates or encourages any kind of attitude act to violate rules or regulations or to give effect to acts which adhere to civil liability;
3 - is fraudulent, false, misleading or deceptive;
4 - is defamatory, obscene, pornographic, vulgar, offensive;
5 - that promotes discrimination, racism, contempt, sexual harassment or any kind of damage to a person or group;
6 - is violent, intimidating, or encourages violence or actions that are threatening to any person;
7 - that harms minors in any way or promotes activities or substances' illegal or harmful.
Use, display, mirror or frame the Site or any features within the site containing the name, brand, logo, and any information on the ownership of Artrooms, or the layout and design of any page or form contained on the page, without the written consent of Artrooms; Access, tamper with or use non-public areas of the Site, the operating system of Artrooms, or the system provider of shipments of Artrooms; Try to probe, scan or test or test the vulnerability of systems, network Artrooms, or otherwise violate any security measure to authenticate; Avoid, bypass, remove, deactivate, impair, reverse engineer, or in any way to circumvent the technical measures implemented by the provider or Artrooms Artrooms or his workers, to protect the site, the services, the content of Artrooms, or the contents of the Members. Try to access or inspect the Site and the services, the content or the content of Artrooms subscribers, or download content from the site Artrooms subscribers or services through the use of tools, software, devices, or devices made available by meccanicismi Artrooms or in general by browsers employees of Artrooms; Send unwanted and unauthorized advertising, promotional materials, e-mail, spam, chain letters, or any other form of solicitation; Use any meta tags or other hidden text or metadata utilizing the brand Artrooms, logo URL or product name without the written consent of Artrooms; Use the Site, services, content or subscribers of Artrooms Artrooms for any other purpose or benefit of any third party unless expressly authorized in this Regulation. Forge any TCP-IP packet header or any part of any email or group newsletters, or use the website, services, content Artrooms to send information identifying false, misleading or deceptive; Trying to decipher, decompile, disassemble any software used for the site, services, content and Artrooms content of members; Interfere or attempt to interfere in the access of any user, host or network, including the sending of virus, overloading,, mail bombing and spamming the site; Store and group personal news of any other user from the site or services without their express permission; Impersonate or represent incorrectly affiliation with persons or things; Violate any applicable law or regulation, or encourage and allow another person to carry out the above steps.
Tenders and competitions
Artrooms can organize contests or similar events (the Initiative) through the Site and services. Participants should read the rules (the "Official Rules") of any initiative to which they want to participate through the site and services, as' may contain additional important information about rights Artrooms on the property, the subscription that shares the initiative and as a result of participating in this initiative.The official rules shall apply as regards competitions and initiatives.
The site property services and Artrooms contents are protected by copyright, trade mark and the legislation in force. Except as expressly stated in this regulation, Artrooms and authorized people exclusively own all rights to operate on the site, services, Artrooms contents and printed works, including all related intellectual property. No one can remove, alter or obscure any copyright, trademark, or other proprietary notices that are embedded or coupled to the website, the services and Artrooms contents.
Artrooms respects copyright law and expects its users to do the same. The policy is to eliminate any Artrooms registered account if they repeatedly infringe or are suspected of infringing the rights of copyright holders. Please consult also the Artrooms copyright policy for more information www.ARTROOMS.it/Copyright
The site may contain links to collaborators or resources. Artrooms is not responsible for:
1 - availability or accuracy of such websites or resources;
2 - its contents, products, or services, or availability of such sites or resources. The presence of these links does not imply any endorsement by Artrooms to the same sites, their content, or their products or services available on these sites. Anyone using these sites assumes personal responsibility and risks.
Cancel your account
The site, services and Artrooms content are provided "as is" without warranty of any kind, either expressed or implied. Without limiting the foregoing, Artrooms disclaims any warranties of merchantability, fitness for a particular purpose and any warranty that resulted from the use of the product. Artrooms makes no warranty that the site, services and Artrooms content could meet your requirements or that could be available on a platform without error and without interruption. Artrooms makes no warranty with respect to the quality of the works, services, content and products that are purchased or obtained through the website or services nor Artrooms guarantees the accuracy, punctuality, accuracy, completeness or reliability of any content that are complied through the site and services. No advice or information, oral or written, that could be obtained from Artrooms or through the Site and services, can be regarded as a guarantee, outside of those specified in this document. You are solely responsible for your communications and interactions with other members of the site and services and with other people with whom you communicate or interact as a result of the use of the Site and Services. You are aware of the fact that, except what is expressly stated in this document, Artrooms does not select or investigates the personal situations of the members or users of the website and services, nor Artrooms verifies the veracity of the claims of the members of the site and services. Artrooms is not responsible for the conduct of users of the website and the services. Each user is responsible for his/her communications and interactions with other members of the Site or services, or with people with whom they come in contact through the website and services, especially if you decide to meet them personally.
You will be liable to compensation against Artrooms, its employees, its directors, and its agents, in case of complaints, violations, damages, losses, extra expenses, including legal fees, without limitation, that are due or in any way related to your violation of this regulation, or that are made from your account on the website and Services.
Limitation of liability
You agree that any risk arising from your access to the Site is at your sole responsibility. Neither Artrooms nor any party involved in the creation and production and shipment of the site and services, can be held liable for incidental, special or exemplary or consequentialdamages, including loss of profits, loss of data, reputation, service disruption, damage the PC, system failure or replacement costs of goods and services, or for any bodily injury or personal or emotional suffering that may be related to this regulation or use of this site or inability to use it, or any communication or interactions with other members of the Site or services, or with people with whom you come in contact through the website or services, whether thei could be based on warranty, contract, tort (including negligence), product liability or any other legal theory, whether or not Artrooms has been advised of the possibility of such damages, even if it were a remedy to derail the ultimate goal.
In no event Artrooms will bring together liability arising from this regulation, or that are related to the use of it or to the inability to use the Site, the services, and Artrooms content.:
1 - if you are a member and you sale original artworks' or you have authorized digital contents and you have received the Artist Share revenue from the sale of them, the total payment made by Artrooms will occur under of this Regulation during a period of 3 months prior to the date of the claim of responsibility,;
2 - if you are a student who has sold original artwork or printed works, the total payment made to Artrooms and are subject to complaint. The limitations of damages prepended are fundamental elements of the basis of negotiations between Artrooms and you.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the limitations specified in this paragraph shall not be applied.
All trademarks, logos, service marks, and the designation of any property of Artrooms that are used in this document are trademarks or registered trademarks of Artrooms. Any other trademark, service mark or logo with any different designation of barks, are registered trademarks by their respective parties.
Compliance with the law and jurisdiction
These rules and any action related to it are governed by the Italian Republic laws , without reference to its conflict concerning legal decision. The exclusive jurisdiction and venue of any legal action for any matters that are subjected to this Regulation shall be the Court of Naples.
This Regulation constitutes the entire agreement between you and Artrooms about the use of the site services. This regulation supersedes and replaces any prior written or oral agreement between you and Artrooms concerning the using the site and services.
You may not transfer or delegate responsibility to these rules, powers of attorney or any other operation, without the prior written consent of Artrooms. Any attempt to delegate or transfer this regulation without such consent is void and of no effect. Artrooms may assign or transfer this Regulation, in its sole discretion, without restriction. About what said earlier, this regulation limits the benefits of the parties, of their successors or permitted assignees.
Any authorized notice useful to take under this Regulation, modification of the terms, must be written and issued only by Artrooms, via email (or to the address that you have provided) or by posting on the Site. It will be considered legitimate the date on which the email communications was sent.
The failure of Artrooms to enforce any right or provision of this Regulation, shall not constitute a waiver in the future possibility of enforcing that right or provision. The waiver of such rights or measures will be effective only if it is made in written form and it is signed and authorized by Artrooms.
Except what is expressly provided in these rules, the exercise of any third party will be subjected to the same regulation without any prejudice. If for any reason, a court of competent jurisdiction detect that this regulation is invalid or not applicable, Artrooms will adopt all measures to modify it. However, all the other measures will remain in force.
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