Welcome to ARTSAIL,
1.1 Ownership and description of the Service
ARTSAIL is a registered trademark of exclusive ownership of ARTSAIL SRL with registered office in Milan, Via Montenapoleone 8, II piano, 20121 - Milan (MI) and makes available to users who intend to use it, through the web platform: WWW.ARTSAIL.ART, an online service for the disclosure, information and consultation, also for the purpose of the sale and more generally for commercial purposes, of artworks put up for sale by economic operators who intend to publish and insert advertisements; the Service is extended to the publication by economic or institutional Operators of artworks for the sole purpose of disclosure and information to Users.
The Service also allows advertisers and users interested in what is published to be in direct contact with each other.
1.2 Users of the Service
For the purposes of these Terms and Conditions, are defined USERS both those who use the Service in consultation and advertisers, even if they act for non-professional purposes.
In particular, "User" means any person who accesses or uses the services in any way, regardless of whether or not he or she has registered with an ARTSAIL account.
These Terms and Conditions are applicable to all Users, both to those who use the Service in consultation and to Advertisers. Advertisers are also subject to the Special Contractual Terms and Conditions of operation on the Site, which are accepted separately.
ARTSAIL grants the User a non-exclusive, non-transferable and limited right to access, use and view the site and services, as well as texts, images, articles, photographs, illustrations, audio, graphics, videoclips and other materials ("Contents"), for personal information purposes only, and to the condition of compliance with these Terms and Conditions.
1.3 Service operation
The use of the Site and the Services offered is free and allows free consultation of the ads and anything else provided in these Terms as the User’s free exercising.
The relationships between the Users, including the purchase, the exchange of information, the delivery or payment of price or remuneration, take place exclusively among Users without ARTSAIL being part of the relationship. The User also undertakes not to make improper use of the images, contents and, more generally, of the information present in any title within the site.
The publication of Content, including non-commercial listings and the operation of specific functions of the Site, is reserved for Operators previously authorized through a specific paid to start the relationship.
For any further information, you can contact ARTSAIL at the following address / contacts: firstname.lastname@example.org
The User and the Operator will retain ownership of all property rights and its related protection, concerning the contents published or made available on the site; without prejudice to the foregoing, the User grants to ARTSAIL a non-exclusive, free, perpetual, transferable and sublicenseable, irrevocable, unconditional license without territorial limits, to use, process, reproduce, modify, adapt, translate (also in combination with other audio and / or video and / or photographic material) and, therefore, publish and make visible, within the Site, and on other channels of divulgation, such as social networks, as well as for archiving and publication.
1.4 Responsibility of the User
With the use of the Service, the User assumes the sole responsibility for the ownership of the right to use and publication on the site of any content provided or otherwise made available, indemnifying and holding ARTSAIL harmless from any claim and / or request of compensation made by third parties against the violation of the rights of the latter.
The User is also totally and exclusively responsible for the use of the Service (expressly intended with regard to the functions of publication, consultation, management of publications and content and contact between Users) and is therefore the only guarantor and responsible of the correctness, completeness, lawfulness, availability and ownership of what is published and / or offered through the Service as well as of his/her own behavior, with respect to the other Users as well as towards ARTSAIL and third parties. The User also warrants that his/her contents do not infringe any copyright or property right or other third-party rights. In the event of any violation of these provisions, the User assumes full responsibility and shall indemnify and hold ARTSAIL harmless and free from any damage, loss or expense, and in general, from any claim by other Users or third parties.
1.5 Limitations of liability of ARTSAIL
ARTSAIL makes no guarantees regarding the completeness and correctness of the contents published nor with regard to the published data and the information provided by the Users. In any case, ARTSAIL reserves the right, at any time, to evaluate, approve, delete, modify or prevent the publication of content, when these - according to the unquestionable evaluation of ARTSAIL- could impair the rights of ARTSAIL or of third parties, including other Users.
It is understood that in any case ARTSAIL does not provide any guarantee regarding the contentand its completeness and correctness. ARTSAIL is also unrelated to any negotiations arising from the use of the Service and therefore does not guarantee the goodness, legitimacy or the outcome of it, therefore no request for restitution, compensation, repair and / or compensation for any reason may be addressed to ARTSAIL.
1.6 Limitations on the use of the Service
Browsing the site is allowed to users older than 18 (eighteen); for this purpose, the User by accepting these Terms and Conditions declares and guarantees to have at least 18 (eighteen) years.
Any use of the Service by users under the age of 18 (eighteen), presupposes and implies the authorization (also implicit) and supervision of the parents or of those who exercise parental authority or guardianship, who will therefore assume all responsibility for the minor's work towards ARTSAIL and third parties involved in any way.
The User cannot copy, reproduce, modify, publish, create works derived from what is on the ARTSAIL site or in any way exploit the Site or the Services or any part thereof for public or commercial use without the express written authorisation of ARTSAIL. You can download contents from the Site for personal information purposes only; in this case, the User acknowledges that the rights of ARTSAIL are permanent.
All rights not expressly granted in this document are reserved to ARTSAIL.
It is forbidden to interfere or attempt to interfere with the operation of the Site or the Services in any way, by any means, software, routine or device. The use of robots, spiders, other automatic devices or manual processes to monitor or copy the Site, services or contents is not permitted. It is not possible to take any action that imposes unreasonable or excessive large load on the technological infrastructure.
2.1 General Notice on Contents
Part of the Site Content is provided by third parties. Such Content does not necessarily represent ARTSAIL's ideas or opinions.
ARTSAIL assumes no responsibility for the communications and content published by the Operators on the Site or services nor does not guarantee the truthfulness, accuracy or reliability of such contents.
The Contents of the Site cover a wide range of artworks and topics, generally uncensored and may include nudity or other visual or written material that some people may consider offensive or inappropriate, particularly for children and minors. The User assumes exclusive responsibility to allow minors or anyone else to use his/her computer or other device through which the Site is accessible, to prevent them from accessing any Content that is or may be inappropriate for them.
2.2 Contents of Users and Operators
The User agrees and acknowledges that any use or reliance on any content, statement, idea, advice or opinion is carried out exclusively at his/her own risk.
ARTSAIL does not endorse or issue any declaration or warranty of any kind, in relation to any content, statement, idea, advice or opinion communicated on, through or in connection with its Services by any User and / or Third Party.
The User acknowledges and accepts the non-existence, for ARTSAIL of any obligation to verify and / or control the Contents of the Site, and that by using the Services, the User may be exposed to inaccurate, misleading, offensive content or otherwise questionable.
ARTSAIL reserves the right, without implying any obligation or responsibility, to monitor, delete, correct and / or review any content and / or communication of users contained or published on the site, to enforce or investigate potential violations of these Terms, to detect, prevent or otherwise combat and deal with fraud, technical or security issues, or otherwise administer, improve or manage our Services and / or customer support, without notice or liability, at any time, in its sole discretion.
ARTSAIL also reserves the right to access, store and disclose any information if it is reasonably necessary to: (i) respond to claims for compensation against it or comply with any law, regulation, legal procedure or request of the authority; (II) apply or administer these Terms or other policies or agreements with Users; (III) conduct customer service or detect, prevent or otherwise deal with fraud, security or technical problems; or (IV) protect or assert the rights, property or safety of ARTSAIL, the User or third parties.
ARTSAIL reserves the right to remove or refuse to display any content on its Services, in whole or in part, if it considers unquestionably that such content may violate these Terms, the law or any rights of third parties, or for any other reason, without notice or liability and at any time, without the need for communicatio.
2.3 Responsibility for Contents
The User and the Operator acknowledge that they are in the best position to assess whether their Contents may be used in connection with the Services offered by ARTSAIL.
The User and the Operator are solely responsible and ensure that their contents do not constitute a violation of fundamental principles of protection of political, religious, ethnic and / or gender, or constitute an expression of obscenity or violence.
The User and the Operator are solely responsible and guarantee that their contents do not violate any law or regulation, or any intellectual property rights or rights of third parties, including copyrights, moral rights, trademarks, trade secrets, patent rights, the right to privacy, the right of publicity or contractual relations.
For this purpose, the User and the Operator declare and guarantee:
- to be in possession and in any case to enjoy the rights related to the Contents published;
- that the use of their Contents does not violate these Terms and in any case does not violate any rights of third parties, nor it is potentially harmful offensive and detrimental to third parties.
What is contained in these Terms is not restrictive for any other rights that ARTSAIL reserves for the protection of its rights and those of third parties, in relation to the Contents published by the User and the Operator, such as the rights provided by applicable laws or other licenses .
3.1 General rules
The services offered by ARTSAIL include commercial sections in which some Operators can consult, purchase, bid, list, market, offer for sale and sell artworks and other properties. Our services also include features that allow Users to contact and communicate with those Operators. ARTSAIL offers and makes available to Operators tools aimed at advertising and selling artworks and contents under the exclusive direction and responsibility of the Operators themselves.
The relationships between Operators and Users, including the exchange of information, the sale and each payment take place exclusively between these Parties, without any intervention by ARTSAIL, and without the latter being a Party, Mediator or even Intermediate in relation to these exchanges, deliveries and payments. ARTSAIL, unless otherwise agreed or noted in writing, is neither a party nor an intermediary on behalf of the seller. All properties and rights are offered for sale and sold directly by the Seller to the buyer. ARTSAIL does not transfer, and is not responsible for the transfer of legal ownership or physical possession from the seller to the buyer.
The Operator is the only and exclusive responsible for what is published or offered for sale, of what is reported -not only through direct communications to the User- and is consequently the only guarantor and responsible for correctness, correspondence, completeness, lawfulness, provenance, genuineness, freedom of constraints and also for what is offered for sale and what is offered does not infringe any copyright or property or other rights of others, and more generally for his/her behavior and for the overall custody (CUSTODIA? ) generated.
ARTSAIL may make available to the Users particular functions of the Site in order to facilitate communication or payment between buyers, potential buyers, bidders and sellers in relation to certain properties. However, such services are offered for convenience only. Not even in this case ARTSAIL assumes any brokering position for any seller or buyer, or potential ones, such as bidders or sellers, for any purpose.
The position of ARTSAIL in any sales transaction is limited to the provision of this Service without any further intervention: ARTSAIL does not carry out any prior control and does not assume any responsibility for the behavior (whether online or offline) of any buyer, potential buyer, bidder or seller. QUOVART ARTSAIL makes no representations or warranties regarding the character, reputation, policies or business practices of any buyer, potential buyer, bidder or seller.
ARTSAIL makes no representation or warranty concerning that any buyer, potential buyer, bidder or seller will certainly complete any transaction or otherwise execute as promised. ARTSAIL makes no representations or warranties regarding completeness, truthfulness, reliability or anything other than what is offered for sale, nor about the qualities, size, conditions, correspondence with the description, origin, attribution, authenticity, legality, merchantability, conformity for a particular purpose. No declaration made by any seller or buyer (either orally, in writing, on our Services or other) may be considered a representation, warranty or assumption of any kind responsibility by ARTSAIL.
ARTSAIL reserves the right, at any time and in its sole discretion, to evaluate, approve, or disapprove, and consequently refuse, delay, modify or suspend any publication on its Services or prevent consultation or contact (where possible), without this causing any form of responsibility towards the User or towards the Operator for doing so, when this corresponds even potentially or in preventive basis to unquestionable assessments of prevention with respect to possible violations of provisions set out in these Terms and Conditions.
Likewise, ARTSAIL reserves the same faculty and right if what is offered for sale or otherwise published represents, at the unquestionable evaluation of ARTSAIL, elements of opposition to public order, morality, or that otherwise may be considered harmful, detrimental or in any case discriminatory of race, genre, political or religious creed and in any case detrimental to the common sensibility.
3.2 Special trading conditions
Operators or some of them may impose custom sales conditions, or add important information and terms and conditions. The user has the responsibility to carefully read the Operator's instructions before buying, bidding, asking for information, commercializing, offering or selling any property on or through our Services.
4.1 General guarantee exclusion regarding the good functioning of the Site
The User acknowledges and accepts that his/her access to the ARTSAIL.ART site and the use of the services offered by ARTSAIL is at his/her own risk and that the services are provided "as made available", without any guarantee of any kind, explicit or implicit, about the good functioning or the truthfulness of the services themselves.
If the use of our Services implies the need for assistance or replacement of equipment or data, ARTSAIL will not be responsible for these costs or losses and we urge you to back up your data at any time.
Last updated: 31.10.2018