Via Piero Gobetti, 114
65121 Pescara (Italy)
Tel.+39 349 791 3885
TERMS AND CONDITIONS OF USE
Welcome to the GArt Gallery website (hereinafter the “Website”).
USERS SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE CONSULTING OR USING THIS WEBSITE.
The use of this Website is governed by the following terms and conditions of use (hereinafter the “Terms and Conditions of Use”). By entering this Website, you unconditionally agree to comply with and be bound by the following Terms and Conditions of Use, and when you make an online purchase on this Website, the relevant general terms and conditions of sale. If you do not accept all the Terms and Conditions of Use, please exit this Website immediately. GArt Gallery reserves the right to modify the Terms and Conditions of Use of the Website at its sole discretion, at any time and without notice. The use of the Website after such modifications implies full acceptance of the Terms and Conditions of Use in their amended version and full acceptance of their mandatory nature.
1. Intellectual Property Rights
This Website, as a whole, is owned and registered by GArt Gallery, a foundation with registered office at Via Piero Gobetti, 114, 65121 Pescara (Italy).
The Website is operated directly GArt Gallery.
All content displayed on the Website, may not be used in connection with any product or service that does not originate from GArt Gallery or from other companies expressively authorized by it, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits the name of GArt Gallery.
You acknowledge and agree that the Website, and all content included therein, including, but not limited to, all text, information, trademarks, logos, data, images, icons, photographs, illustrations, multimedia content (graphic, audio and video), charts, indices, reports, software, HTML codes and screens contained therein and the like (collectively “Content”), is owned by or licensed to GArt Gallery and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognized under laws or international conventions in any country or jurisdiction worldwide.
All materials contained in this Website, except for the “Shop” and “Online Ticketing” sections, are displayed for informational or promotional purpose only. The Website may be accessed solely for your own personal use and not for business reasons.
Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Website, you may access, download, copy, store, manipulate, reformat, print or display any Content to which you have obtained authorized access solely for your personal use and not for business purposes.Youmaynot otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Website, or any Content contained therein.
No right, title and/or interest deriving from or pertaining to the Content, material or software of the Website may be deemed assigned to or acquired by you as a result of your use of the Website. You agree to accept and abide by all copyright or trademark notices and other notices contained on the Website and in the Content. All rights are reserved in all countries worldwide.
The Website and its Content are provided to you strictly on an “as is” and “as available” basis, without warranties of any kind, express or implied.
No written information given by GArt Gallery through this Website or in relation to its Content shall create any representation or warranty, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, worms or Trojan horses) or implied warranties of merchantability or fitness for a particular purpose. GArt Gallery expressly disclaims any representations and warranties.
In no event, shall GArt Gallery be liable (on whatever basis, both contractual and non-contractual) for any direct, indirect, incidental, ancillary, financial or non-financial damage whatsoever (including, but not limited to, damages for loss of profit or revenue, data or programming, even if GArt Gallery has been advised of the possibility of such damages) arising out of:
(a) your use of the Website, including, but not limited to, any loss or damage caused by any delays, inaccuracies, errors or omissions in any information accessed on or through the Website,
(b) any transaction entered into through or from the Website,
(c) your inability to use the Website for whatever reason, including, but not limited to,
communications failure or any other failure with transmission or delivery of any information
accessed on or though the Website,
(d) the deletion, correction, destruction, damage, loss or failure to store any information
concerning or transmitted on the Website,
(e) the use of any products or services obtained on or through the Website,
(f) unauthorized access to the Website and unauthorized alteration to transmissions or data,
(g) statements or conduct of any third party on the Website, or
(h) any other matter relating to the Website.
Therefore, by using this Website, you undertake to bear all risks connected with such use, holding GArt Gallery harmless from any damage deriving or caused by the use of this Website or connected with it.
GArt Gallery will make any effort to ensure the accuracy and timeliness of the information included on this Website but cannot absolutely guarantee that this information is complete, accurate and constantly up to date and that the Website does not contain any imperfections or that these imperfections will be corrected.
In the event that applicable laws do not allow disclaimer of liability or exclusion of the above – GArt Gallery mentioned implied warranties, said exclusions and disclaimers may not apply to you, either wholly or partially.
Any reference to any product or service which has been or may be provided by GArt Gallery or any other company authorized by GArt Gallery for this purpose does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Material in this Website may contain inaccuracies or typographical errors. GArt Gallery is not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Website. It
is your responsibility to evaluate the information and other content available through this Website. However, GArt Gallery reserves the right to modify or discontinue the Website (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that GArt Gallery shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website.
You agree that any and all proposals, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to GArt Gallery through this Website or by other means (hereinafter “Submissions”) are neither confidential nor proprietary to you. All submissions become property of GArt Gallery upon your submission to us. By making a Submission to GArt Gallery, you assign to GArt Gallery all rights, title and interests, including copyrights, in the Submission. GArt Gallery has and will have no obligation: (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that GArt Gallery has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.
Cookies are used in the Website to ensure its efficient functioning and to improve our service. Cookies are small text files sent to the user’s computer (usually to the user’s browser) by visited websites; they are stored in the user’s computer to be then re-transmitted to the websites on the user’s subsequent visits to those websites. GArt Gallery uses temporary session cookies that are automatically deleted after each visit and permanent cookies that are stored on the user’s hard disk until they are deleted. Cookies are used to improve website navigation and collect information in an anonymous form about how users use the Website. This information allows us to make constant updates to improve the use of the Website by users. Passwords, credit card data or other identifiable personal information are never saved in cookies. Most browsers are initially set up to accept cookies. You can at any time reset your browser to reject all cookies or to notify you when a new cookie is being sent. However, rejecting cookies may prevent you from using certain functions of the Website.
GArt Gallery does not collect Personal Data about (and consequently does not accept online orders from) users under 18 years of age. Thus, GArt Gallery invites underage users not to enter their personal data (and not to make any online purchase) and, as a consequence, have the necessary procedures performed by adults.
– Data Controller’s affiliates and agents;
– Companies, consultants and professionals providing assistance and/or consulting,
or performing related services that are instrumental to the data processing e.g. service providers, couriers ,freight forwarders,IT maintenance technicians ,tec.).
Personal Data shall not under any circumstances be disseminated to unknown persons.
You may at any moment exercise your rights pursuant to applicable laws on personal data protection including the right to obtain confirmation about the existence of your personal data at the Data Controller, and to know their source and to obtain their integration, updating, rectification, cancellation, anonymization, blocking for law infringement or to object to their processing on legitimate grounds, as well as revoke your consent to processing by writing to: firstname.lastname@example.org.
6. Links to other Websites
The Website may contain links to websites other than its own. These websites may contain and be governed by their own terms and conditions of use, or no terms and conditions at all.GArt Gallery has no responsibility for those websites and provides these links solely for the convenience of its users. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These websites may send their own cookies to you and may collect information and use same in a way that is inconsistent with these Terms and Conditions of Use. Furthermore, GArt Gallery cannot control these websites and/or external sources. Hence, GArt Gallery cannot be held responsible for those websites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those websites and external sources. In addition, GArt Gallery cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those websites or external sources.
Transmission of data over the internet is never guaranteed to be completely secure. It is possible that third parties not under the control of GArt Gallery may be able to access or intercept transmissions or private communications without GArt Gallery’s permission or knowledge. GArt Gallery takes all steps possible to protect your personal information. However, we cannot ensure or warrant the security of any information you transmit to us. Such transmissions are done at your own risk and GArt Gallery cannot be held liable for any breach of security which is not directly attributable to negligent behavior of GArt Gallery.
8. Acceptance of Terms and Conditions of Use
By accessing this Website, you represent and warrant that:
(a) you accept these Terms and Conditions of Use;
(b) your use of the Website will comply with these Terms and Conditions of Use.
You agree to indemnify and hold harmless GArt Gallery from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses) relating to or arising out of any breach of these Terms and Conditions of Use or any use of the Website by you.
9. Governing Law and Jurisdiction
You agree that by entering this Website you accept the Italian law. These Terms and Conditions of Use shall be governed by and construed in accordance with the Italian laws and any action arising out or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction of the Courts of Pescara, Italy.
It remains understood that, with respect to the proper interpretation of these Terms and Conditions of Use, in case of any discrepancy between the Italian language original text and any other language translation, the Italian original text shall be deemed the binding version.
Last updated: November 20th, 2020