Contractual conditions

Contractual conditions between the artist and Artinclub

1. Identity of the Supplier.

Artinclub offers a service to promote works of art. The website and the supply of services managed by Progredi S.r.l., Via della Farnesina, 269 00194 Roma P. IVA 02086620594, REA RM1021814.

2. Description and Purpose of the service.

Artinclub supplies a telematic platform present on the website www.artinclub.com to promote the works of art and work of artists.

3. Cost of the service.

Registration to the service is free.

4.Non exclusive license of some economic exploitation rights of the Work.

Registration in the service entails the non-exclusive license to Artinclub of some economic exploitation rights, for the purpose of promoting, communicating with the public and making the Work available to the public through the platform.

5. Registration to the service.

In order to register to the service, the artists offered by Artinclub:

1. The Artist must supply personal information, as required by the Artist Registration Form offered by Artinclub;
2. After having read the contractual conditions offered, the Artist will be put in a condition to accept the same through checking the control panel "I have read and accepted the conditions of use of the service";
3. At the end of the registration, the Artist will receive a confirmation of the registration at the e-mail address indicated.

6. Archiving and access to the conditions of the service.

The present conditions are accessible from Artinclub's website (www.artinclub.com) and are saved on the platform.

7. Corrections of errors in filling out the form before registration.

Through the Registration Form offered, Artinclub will give the Artist the possibility to control and change the information before sending it as well as the possibility for a subsequent request for an e-mail to confirm the registration has been carried out.

8. Registration.

Through the relative Registration Form to the service, the Artist declares and guarantees to supply Artinclub with true, accurate and complete information. The Artist declares and guarantees having the ability to act, as well as understand, accept and respect the present conditions.

9. Requirements for the use.

According to art. 108 of Law n.633/1941, the Artist who is 16 years of age is able to carry out all judicial actions relative to the works created by him and to carry out the relative actions deriving from such works. Registration to Artists who are not 16 years of age is not admitted if lacking the supervision of a parent or legal guardian.

10. User name and password.

As part of the registration process, the Artist will have to choose a user name. The password will be sent by e-mail. The Artist will be held responsible for all activities carried out by those who use the user name. Moreover the Artist will be held responsible for adequately saving the password, in such a manner so that nobody, aside from the Artist himself, can know or be put in a condition to know the password connected to the user name, for the purpose of using the services offered by the platform.

11. Registration procedure.

With the choice of the username, the Supplier will offer the opening of an account to the Artist, through the platform.

In any case, through their own account, each Artist can:

1. have access to the details of the works viewed;
2. indicate the e-mail address where communications should be received;
3. upload, change or remove the work from the promotion service;
4. request the cancellation of the Registration;
5. use other options offered by the Platform.

The Registration procedure is considered completed when Artinclub sends an e-mail to the Artist to communication the activation of the account.

12. Duration and annulment.

The present conditions will remain fully valid and effective for the total duration of the use of the services offered by the Platform. The Artist can cancel the registration through the service offered by the Platform, directly from his account. Artinclub reserves the right to cancel the registration at any moment prior to a communication given by e-mail.

13. Effects of the cancellation from the Registration.

With the cancellation of the Registration by the Artist, Artinclub will immediately provide to eliminate the files and the ownership information of the Artist from the Platform.

14. License given to the Supplier by the Artist for some economic exploitation rights on the Work.

By agreeing to the present contractual offer, the Artist declares and guarantees:

a. to have obtained from the owner of the rights, the necessary authorization to distribute the Work through the services offered by Artinclub. If the use of the Work by the Artist provides the payment of fees, royalties or any other monetary type of compensation, the Artist guarantees to have satisfied all the conditions for a legitimate use of the material spread through the use of the services offered by Artinclub;

b. for himself and for the author of the Work that it was created in accordance to the original;

c. to give assistance in the case in which the rights granted to Artinclub with the present contract were to be violated or disputed by third parties, releasing Artinclub from any claims or actions from such third parties, moreover keeping Artinclub protected from any damage as well as the expenses either directly or indirectly connected with the publication of the Work;

d. non-exclusively grant Artinclub the necessary rights to promote the Work on the Internet and not, online as well as offline. The license includes as an example but not limited to:

I) the right to publish the Work, setting it in all manners now possible and where in the future it will be possible to set writing, images and sounds;

II) the right to record and therefore reproduce the Work in its databank as well as the right to communicate it to the public;
III) the right to distribute the Work, record it and reproduce it in any manner existing on the date upon with the reproduction will be carried out, for communicating to the public through the Internet, WiFi networks, Bluetooth or Uwb (ultra-broadband) and similar means existing upon the use. The right to distribute includes the use of the Work, set on a support as well as made available through manners of dematerialized communication, such a use can be made with any purpose;
IV)the right to carry it out in public places;
V) the right to communicate with the public through the Internet, Intranet, WiFi networks, Bluetooth or Uwb (ultra-broadband);
VI) inform Artinclub of any possible intermediate relation in the collective management of the copyrights and connected to the Work, taking place with a collective management company (i.e. Siae) and, in any case, is engaged to keep Artinclub protected and will pay Artinclub for any criminal damages or added costs deriving from a lack of communication;

15. The obligations of the Artist.

In agreeing with the present contractual offer, the Artist is obliged to:

1. create the Artist's Page, with the information supplied by the Artist in the Registration Procedure and make the Work available to the public through the Artist's Page;
2. save the images of the work published by the Artist;

The Supplier has no obligation to carry out any further promotional activities besides what is specified under point "a" of the present article of the Contract. Any possible further promotional activity for the Wok (such as, for example but not limited to: making the image of the Work available to the public in any other section of the Platform which is not the Artist's age; making it available to the Public in any section of the Platform with links to reach the Artist's Page; making the pages containing evaluations or comments on the Work available to the Public which is carried out to the discretion of Artinclub, in the manners and conditions, and the Artist will have nothing to claim.

16. Obligations for the supplier.

Except for the lack of execution by the Artist in the Obligations for the Artist, the supplier is obliged to:

a. create the Page of the Artist, with the information supplied by the Artist in the Registration Procedure, and make the Work available to the public through the Page of the Artist;

b. according to ordinary precision, save the images of the works published by the Artist;

The supplier is not obliged to carry out any further promotional activities beyond what is specified under point "a" of the present article of the Contract. Any possible further promotional activity of the Work (such as, purely for example: making the image of the Work available to the public in any other section of the Platform which is the not the Page of the Artist; making the work available to the public in any section of the Platform, of telematic links for the purpose of reaching the Page of the Artist; making pages of texts containing evaluations or comments from critics of the Work available to the public), which is carried out completely and according to the unquestionable discretion of Artinclub, in the manner and times, and the Artist can never have anything to demand in this respect.

17. Limits of responsibility.

Artinclub declines any responsibility relative to:

a. the loss, damage or error in shipping or sending the Work in an electronic format, responsibility of the carrier or third party supplier to connect;

b. damage deriving from strikes, even personal, suspension in the connection service and bad service, suspension or a slow down in the communication or transportation, prevention or obstacles determined by law provisions, acts, even actual, of national and foreign authorities, or provisions of a judicial nature (such as confiscation, seizure) or third parties;

In any case, Artinclub does not answer to the consequences deriving from causes it cannot be blamed on. The services offered by the Artinclub Platform are supplied "as they are" and according to availability. Artinclub does not guarantee a continuous supply, safe and without errors and interruptions in the services. Artinclub explicitly excludes any guarantee of suitability of the services offered by the platform for a specific purpose. Artinclub cannot guarantee or promise the achievement of specific results following the use of the services offered by the Artinclub Platform.

18. Changes in the conditions.

Artinclub reserves the power to make changes to the present conditions, The validity of the changes will being simultaneously to their publication on the Artinclub website. Artinclub will communicate such changes to the Artist through the e-mail address indicated upon registration.

19. Tacit acceptance of the changes in the conditions.

The Artist who, following the e-mail communication by Artinclub in which it informs of the changes to the contractual condition, and the use of the services offered by the Platform, tacitly accepts such changes, integrations and/or abrogation in the present contractual conditions.

20. Applicable law.

Controversies relative to the services offered by the Artinclub Platform or involving the latter will be disciplined according to the laws of the Italian State.

21. Competent court.

For any controversy which should arise concerning the interpretation, execution and/or resolution of the present contract will be exclusively the competence of the Court of Rome.