CONDITIONS OF USE

 

1.THE COMPANY, TYPE OF WEBSITE AND ADVERTISERS

 

1.1. This web portal is managed by PRODES ITALIA SRL, via Sansovino, 6 - 20133, Milano. Access to www.artistar.it website and its services are subject to the Terms and Conditions of use set out below. PRODES ITALIA SRL reserves the right to modify, change and / or replace these Terms and Conditions at its sole discretion and in accepting, the User agrees to be bound by such modifications, alterations or changes. 

  

1.2. The Website consists of an online portal through which, designers can register for free by sending their designs, concepts (including, but not limited to: intellectual property, proposed architecture, engineering, product forms , trademarks, inventions, and subsequently, their Projects) in order to extend their visibility to other users and businesses. The use and registration on the Website are reserved to the authors of the Projects, (i.e. only to those who have directly contributed to the single project and at the exclusion of  other intermediaries. 

  

1.3. Definition of Advertiser: in the following, those who register on the website to publish their projects will be denoted by the term Advertiser / s. The Website and Projects can be consulted by businesses and by any user, hereinafter also referred to as Users. Designers who publish a Project on the Website declare to be the authors, accept and declare to know these terms. 

  

1.4. Consent to the processing of Projects: Advertisers give their consent to PRODES ITALIA SRL' management of their Project, concept and personal data with the purpose of making them known to other companies interested in such Projects published by each advertiser. 

  

1.5. PRODES ITALIA SRL, through the Website (www.artistar.it), can offer advertisers one or more services free of charge or through the payment of a fee depending on the services that will be described in detail on the website 

  

1.5.1. Among the fee paying services, the web portal offers advertisers a digital design storage service with certification of receipt of the Project through an e-mailed declaration by a lawyer. This service allows advertisers to have documentary proof, which is valid for one year, of the existence of the project on a particular date, if it were necessary to counter imitative activities of third parties.

 

1.5.2. PRODES ITALIA SRL can also, either directly or through one of its consultants, provide advertisers with information relevant to the protection of their Project for the purpose of filing a demand of recognition of their work as a model of design, trademark, invention or creative work. 

  

1.6.Esclusione of responsibility: Advertisers agree to compensate by indemnity PRODES ITALIA SRL and its employees in the instance of: 

  

1.6.1. any liability for third party claims relating to ownership of the Project; 

1.6.2. any disclosure vitiating the novelty of the project if it were subsequently deposited as an industrial property title. 

1.6.3. the infringement of industrial or intellectual proprietary of third parties determined by content posted by Advertisers. 

1.6.4. responsibility of the truthfulness of the information provided by Advertisers; 

  

1.7.PRODES ITALIA SRL reserves the right to suspend the service and remove the Project, without prior notice, in the case of reported misconduct, harassment and offence, or in the case of any other breach of conditions of use listed in this contract, of complaints from third parties, or if PRODES ITALIA SRL, even at its sole discretion, may consider it necessary and / or appropriate to do so. Such action will be carried out without justification, and with the Advertiser having nothing to expect by way of damages.

 

2. ACCESS TO SERVICES PROVIDED BY PRODES ITALIA SRL

 

2.1. Indication of a password and user name are obligatory in order to access to the Website. Any insertion or contact made to PRODES ITALIA SRL through a given user name and password will be deemed as having come from the holder of the specified username and password. 

  

2.2. Therefore, Advertisers accept any liability for any use of data items, contacts and / or any other communication sent to PRODES ITALIA SRL through use of their data for recognition as above, and are prohibited from selling, transferring or assigning ownership of registration or any rights arising from it. 

  

2.3. PRODES ITALIA SRL reserves the right to cancel the registration and / or deny the right of access to the Website to any person, to limit or stop services, to remove, even partially, and / or edit content deemed not responsive, as well as to exclude those advertisers from the site whose behavior does not comply with these Terms of Use and all applicable laws. 

  

2.4. Advertisers may, at any time,  request to update and / or modify or delete their data recorded on the Website in accordance with privacy regulations and privacy policies posted on the Website 

  

2.5. In any case, advertisers will be solely and exclusively responsible for  their given data: PRODES ITALIA SRL therefore, disclaims any responsibility for any errors contained in the delivery of entry forms and / or any change of address not regularly recorded. 

  

2.6. PRODES ITALIA SRL reserves the right, at any time, to pursue advertising, including paid adverts, through the use of any logo on the Website and / or trademark of third parties, including banner advertising and any other advertisement for the purpose of promotion and marketing (direct or indirect) of any goods, products and services. 

  

2.7. PRODES ITALIA SRL reserves the right to establish links with other sites with which it intends to start any kind of professional collaboration for which, the advertisers may have no objection and / or complaint and / or claim in relation to such activities. In any case, if there is a link to another site not controlled by PRODES ITALIA SRL, then it does not imply approval or acceptance of responsibility by the latter for what concerns the content or use of the site. 

  

2.8. Advertisers are committed to relieving PRODES ITALIA SRL of any liability occurring from the new relationship between themselves and the Advertisers and its subsequent development; such as, included among which and being purely indicative, any eventual breach of contract, any exploitation of projects by companies that set up the competitions / selections, and so on. 

  

2.9. PRODES ITALIA SRL disclaims any responsibility, both civil and criminal, for the use of the Website and the services connected to it in ways other than those set out in these Terms and in any case, in a manner contrary to the law.

 

3. CONCLUSION OF THE SERVICE CONTRACT AND ACCEPTANCE OF THE WEBSITE TERMS 

  

3.1. If the User and / or Advertiser is a customer (i.e. a person who uses the service for purposes not related to business or profession, or does not indicate any reference to VAT on the purchase order form), then their contract with PRODES ITALIA SRL through access to the Website shall be governed by the Legislative Decree No.6 of September 2005, n. 206 (Consumer Code). PRODES ITALIA SRL also complies with its obligations under the Legislative Decree No.9 of April 2003, n.70 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the market, with particular reference to electronic commerce). 

  

3.2. In any case, the contract between PRODES ITALIA SRL and the User / Advertiser for paid and/ or free advertisements as well as for the simple service of consultation, is to be considered concluded once  PRODES ITALIA SRL send the User / Advertiser an e-mail confirming receipt of the service (with respect to the purchase of the requested service indicated on the Website). In order for the order sent by the User / Advertiser to PRODES ITALIA SRL to be binding, the whole process of purchasing the service must be completed regularly and correctly by the User / Advertiser, without any highlighting of error messages by the Website. PRODES ITALIA SRL is not held responsible for failures which occur due to network service errors.

 

3.3. By sending an order to PRODES ITALIA SRL, the User / Advertiser acknowledges and declares to have read all the instructions given to him during the purchase procedure of the service requested and accepted the general conditions of sale. 

  

3.4. Purchase modalities. The User / Advertiser can purchase only the services offered on the Website when placing the order, as described in Web pages devoted to this. The order can not be made in relation to services which, although described in the Website, are listed as unavailable. The correct reception of the service request is confirmed by PRODES ITALIA SRL through an e-mail sent to the e-mail address provided by the User / Advertiser when ordering. The confirmation notice will include: the date the requested service is carried out, an indication of the services purchased, the price, data provided by User / Advertiser for billing and to perform the service, the payment method chosen by the User / Advertiser and a summary of the general conditions of sale. The User / Advertiser shall immediately verify the contents of the notice and immediately report any errors or omissions to PRODES ITALIA SRL. 

 

4.RIGHT TO WITHDRAWAL

 

4.1. In accordance with Article. 64 of the Decree Law No. 206/2005, if the User / Advertiser is a customer (i.e. an individual requesting the service for purposes other than business or professional activity, or does not indicate the purchase order form a reference to VAT ), they have the right to terminate the contract for any reason, without explanation and without penalty, within the limits indicated below. 

  

4.2. In order to exercise their right of termination, the User / Advertiser must send PRODES ITALIA SRL notice to that effect and indication of the bank account where to credit the fee to be returned, within ten working days of their receipt of the confirmation e-mail stating receipt of the service payment. Such notice must be sent by registered post with acknowledgment of receipt, or in advance by e-mail to  info@prodesitalia.com and followed by a further notification by registered post, addressed to: PRODES ITALIA SRL, Via Sansovino, 6 - 20133, Milano, within that period. Once notification of withdrawal is received by registered letter with acknowledgment of receipt, PRODES ITALIA SRL will reimburse the User / Advertiser for the service purchased, minus the cost of the bank transaction, within thirty days after receipt by PRODES ITALIA SRL of the registered letter. 

  

4.3. The Advertiser agrees that customers can not exercise the right of withdrawal under Article. 55, Decree 06/09/2005 No 206 (Consumer Code) after 10 days of receiving confirmation of payment of the service and / or in any case after the service has been provided with the publication of the advertisement and / or access to professional registration service explained better within the site, even if those services are started before the lapse of 10 days. 

  

4.4. Claims: any complaint should be directed to the following e-mail info@prodesitalia.com or in writing to PRODES ITALIA SRL, via Sansovino 6 - 20133, Milano.

  

5.COOKIES

 

5.1 Cookies are meant to expedite the analysis of Internet traffic and help users access the services offered by the Website. Personal data is not transmitted or acquired with the use of cookies and nor are they used as user tracking systems.

 

6. INDUSTRIAL AND INTELLECTUAL OWNERSHIP RIGHTS 

  

6.1. Granted what has already been stated in the preceding articles, all the rights over the domain name www.artistar.it are owned by PRODES ITALIA SRL as well as the trademark ARTISTAR which is the exclusive property of PRODES ITALIA SRL. 

  

6.2. All content contained on the Website and in particular the database, commercial studies, design, text, graphics, logos, images, code, software, trade names, trademarks, industrial designs or any other item subject to industrial and commercial use are subject to intellectual and industrial property rights and ownership by PRODES ITALIA SRL and / or third parties. In relation to the latter, all rights not expressly granted herein are reserved. 

  

6.3. Any unauthorized use of content from the Site www.artistar.it and listed above, constitute a breach of industrial and intellectual property rights of the same. The User or Advertiser that contravenes these provisions will be held individually responsible. 

  

6.4. The User and the Advertiser hereby assigns PRODES ITALIA SRL with the related right to maintain published and / or publish pictures and videos of their listings on the Website and / or other digital media and / or paper as well as the right to modify them.

 

7. EXCLUSION FROM  WARRANTIES AND LIABILITY 

  

7.1. Granted what has already been stated in previous articles, PRODES ITALIA SRL is not, in any way, responsible for damages of any kind due to incorrectness, completeness, updating and errors or omissions relating to information and services contained on the Website, nor for other content which can be accessed through it, and assumes no responsibility to verify or monitor such content and information. 

  

7.2. It is also the sole responsibility of the User and / or the Advertiser to take every necessary precaution to ensure that any content downloaded from other websites, which have been accessed via links, are free from damaging elements such as viruses, worms, trojan horses, etc. 

  

7.3. PRODES ITALIA SRL does not guarantee the availability, continuity or the infallibility of the Website operation, and assumes no liability for damages due to lack of availability or continuity of operation of the Website and the services available therein, as for any error incurred when accessing individual pages of the Website. 

  

7.4. Users and Advertisers accept that PRODES ITALIA SRL is not responsible, in any way, for any damages of any kind arising from services provided by third parties via the Website, for example: in the conduct of unfair competition, illegal advertising, deceptiveness, inaccuracy of the information, lack of comprehensiveness, relevance and / or updating of content transmitted, distributed, stored, received, obtained, provided or made available through the services offered by third parties through the Website www.artistar.it 

  

7.5. PRODES ITALIA SRL reserves the right to , at any time, revoke, modify or temporarily or permanently disable provision of the service and to delete and edit listings of advertisers in an unchallengeable discretionary manner, without notice and without giving any causes. 

  

7.6. The Advertiser acknowledges therefore, that PRODES ITALIA SRL will not be liable to them, the Advertiser, or to third parties for the amendment, suspension, revocation or termination of service and the cancellation and modification of messages forwarded by whatever the means of implementation. 

  

8. FINAL DISPOSITION AND JURISDICTION 

  

8.1. The Terms of Use and the relationship between PRODES ITALIA SRL and the User / Advertiser shall be governed under Italian law. 

  

8.2. The Tribunale di Milano will be exclusively competent in any dispute concerning, arising out of or related to these Terms and / or services provided by PRODES ITALIA SRL. 

  

9. ACCEPTANCE OF CHANGES TO THESE TERMS OF USE

 

9.1. The User / Advertiser, before using any service, is required to verify the possible existence of modifications and / or updates to the terms of use contained in the special section on the Website.

 

9.2. Such modifications and / or updates will form, in fact, an integral part of these Terms of Use.

 

9.3. The User and / or the Advertiser in sending his order of consultation or insertion as described above, accepts and specifically declares, pursuant to and for the purposes referred to in Articles 1341, paragraph 2, and 1342 cc, to have read carefully and specifically approve the content of the all articles of these Terms of Use.