GENERAL CONTRACTUAL CONDITIONS FOR THE CONSULTATION OF THE CATALOGUE RAISONNÉ OF ARNALDO POMODORO
THE GENERAL CONTRACTUAL CONDITIONS SET OUT HEREUNDER (HEREINAFTER, “GENERAL CONDITIONS”) APPLY TO ALL THE USES OF THE CATALOGUE RAISONNÉ OF ARNALDO POMODORO (HEREINAFTER REFERRED TO AS “USES” OR “USE”, IN THE SINGULAR) SUPPLIED BY ARNALDO POMODORO STUDIO, WITH OFFICES IN MILAN, VIA VIGEVANO 5 (HEREINAFTER “AP”), AND FONDAZIONE ARNALDO POMODORO, WITH OFFICES IN MILAN, VICOLO LAVANDAI 2/A, WHICH RESPECTIVELY MANAGE THE WEBSITES WWW.ARNALDOPOMODORO.IT AND WWW.FONDAZIONEARNALDOPOMODORO.IT AND THE WEBSITES/DOMAINS DIRECTLY ASSOCIATED WITH THE SAME.
ANY USERS OF THE CATALOGUE RAISONNÉ (HEREINAFTER “USER” OR “USERS”) WHO REGISTER WITH THE SITE AND USE THE CATALOGUE RAISONNÉ MUST ACCEPT THE GENERAL CONDITIONS THAT WILL ALSO BE APPLICABLE TO THE SERVICES TO BE PROVIDED IN THE FUTURE, UNLESS OTHERWISE SET FORTH AT THE TIME OF REGISTRATION OR FIRST SUPPLY OF THE NEW SERVICE.
THE GENERAL CONDITIONS (HEREINAFTER ALSO “CONTRACTUAL CONDITIONS” OR “CONTRACT”) ARE NOT SUBJECT TO LEGISLATIVE DECREE NO. 206 OF 6 SEPTEMBER 2005, TITLED “CONSUMER CODE”, PURSUANT TO ARTICLE 7 OF LAW NO. 229 OF 29 JULY 2003.
THE CATALOGUE RAISONNÉ IS A CONSULTATION TOOL AND HAS NO ATTESTATION AND/OR AUTHENTICATION PURPOSE IN REGARD OF THE WORKS OF ARNALDO POMODORO.
ARTICLE 1 SCOPE
1.1 These General Contractual Conditions (hereinafter “General Conditions”) govern the terms and conditions whereby Arnaldo Pomodoro Studio (hereinafter “AP”), with registered office in Milan, Via Vigevano 5, and Fondazione Arnaldo Pomodoro (hereinafter “FAP”), with registered office in Milan, Vicolo Lavandai 2/a, will provide the User with access to the Catalogue Raisonné of his works (hereinafter “Catalogue”) according to the technical characteristics and conditions set forth in this Contract.
1.2 The Service is offered by FAP through the Internet using the methods described online, in the condition it is in fact and in law as at the date of the activation request, as published on the corporate website www.arnaldopomodoro.it/catalogue_raisonnee and according to the technical and economic characteristics described therein, which the User, by accepting the following General Conditions, expressly declares to be aware of and to accept. Access to the Catalogue shall be for an indefinite period, without prejudice to the right of FAP to suspend or revoke the same at any time. Any further services other than those set forth herein may only be provided by FAP with the User’s prior specific written request according to procedures to be defined from time to time.
1.3 The Catalogue Raisonné is a consultation tool and shall have no attestation and/or authentication purpose of the works of Arnaldo Pomodoro.
1.4 These General Conditions were drafted and prepared pursuant to and in accordance with the provisions of applicable legislation; they are general in scope and may be subject to any amendments made necessary by subsequent provisions of law and/or regulations.
ARTICLE 2 TERMS AND CONDITIONS FOR THE USE OF THE CATALOGUE
2.1 To register with or use the Catalogue Raisonné, Users shall be required to fill in the appropriate form appearing on the screen at the time of registration, providing the requested personal data. Such data shall be processed according to the procedures set forth in the privacy policy, which shall precede the registration procedure. By accepting the Contractual Conditions, the User declares that his/her personal data are up-to-date, correct and truthful.
2.2 The User also undertakes to promptly update the recorded data to keep them constantly updated, complete and truthful.
ARTICLE 3 AUTHENTICATION CREDENTIALS
3.1 The access credentials to the Catalogue Raisonné shall be assigned to the User at the time of his/her registration on-line using a special form on the Website, followed by an e-mail confirming the successful registration.
3.2 The services offered by FAP shall be personal services. Therefore, the User undertakes to store his/her credentials diligently, not to disclose or transfer them to third parties and to keep them confidential in order to prevent any unauthorized access;in the event that, for any reason, including in the case of theft, any third parties should become aware of the credentials, the User shall be required to immediately inform FAP at the e-mail address catalogueraisonne@fondazionearnaldopomodoro.it, so that the same may proceed to replace them. In the event that the User is no longer able to access the Website by entering his/her registration data, or is no longer able to change his/her password, the same must immediately communicate the issue by using the contact details found on the Website.
3.3 The User shall be personally responsible for the data stated in the fields of the registration form and of the consequences that may arise from false statements.In the event that any statements made by the User in the registration form are found to be untruthful, FAP reserves the right not to enable or disable the User’s access to the Website and related services, without any obligation to give notice or provide reasons and without prejudice to the right to take the appropriate legal measures.
3.4 All data provided by the User in the registration procedure described above shall be processed by FAP in compliance with the disclosure contained on the Websitepage titled “Privacy”.
ARTICLE 4 LICENSE INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1 FAP hereby grants the User a limited, non-exclusive, non-transferable license, which shall not be sublicensed, to access the contents of the Catalogue Raisonné and to make a personal and non-commercial use thereof. This license shall not include any right to reselling or using the contents thereof for commercial purposes, nor the right to collect and use lists, descriptions or images or any other content, make any other use thereof arising from the Catalogue Raisonné or its contents, or otherwise download or copy the account information or use any data mining robots or similar data acquisition and extraction devices.
4.2 It shall therefore be prohibited to reproduce, duplicate, copy, sell, resell, modify, process or otherwise use the contents of the Catalogue Raisonné for any commercial use, in whole or in part, without the express written consent of FAP and AP.It shall be prohibited to proceed with framing, or using framing techniques, to unduly appropriate any brands, logos or other proprietary information (including images, texts, page settings, or formats) of the Catalogue Raisonné without the express written consent of FAP and AP. It shall be prohibited to use any meta tags or any other “hidden text” using the name or trademarks of FAP and AP without the express written consent of FAP and AP.
4.3 All contents found or made available through the Website and the Catalogue Raisonné in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections are the property of FAP and AP and are protected by the Italian law and international laws on copyright, trademarks and patents. The list of all the contents found or made available through the FAP website is the exclusive property of FAP.
ARTICLE 5 WITHDRAWAL FROM REGISTRATION - EXPRESS TERMINATION OF THE CONTRACT
5.1 Users may cancel their registration with the Website at any time. This right may be exercised at any time, without providing any reasons or bearing any costs. Consequently, upon receipt, FAP shall promptly delete the User from the database of its registered Users, as confirmed to the same User by e-mail, with the effect of terminating the User’s ability to use the Catalogue Raisonné, in addition to deleting all related data except for any data that are required to be retained by law and except for any customer feedbacks given.
5.2 FAP may terminate this Agreement with the User pursuant to and in accordance with Article 1456 of the Italian Civil Code if the User fails to comply with this Contract, without prejudice to the right of FAP to any compensation for any damages suffered.
5.3 In the event of termination or withdrawal, FAP shall notify the User via e-mail to the User’s contact details, with immediate effect.
ARTICLE 6 LIMITATION OF LIABILITY INDEMNITY
6.1 FAP shall not be liable for any errors, omissions, interruptions, deletions, defects, operational or transmission delays, communication line failures, theft, destruction, unauthorized access or alteration of any communications made by Users (whether registered or not), as well as in relation to any technical problems or malfunctions of networks or telephone lines, on-line processing systems, servers or providers, computer equipment, software, e-mail errors or reproduction software errors due to technical problems or high traffic of the Website services on the Internet or a combination thereof.
6.2 The Services of the Catalogue Raisonné shall be provided as “as is” and “as available” according to technical availability; the Website shall not warrant a continuous, secure supply without errors or interruptions; FAP shall not warrant or promise the achievement of specific results following the use of the Catalogue Raisonné, in addition to what is provided for herein. What is published in the Catalogue Raisonné shall not constitute an authentication or attestation of the works of Arnaldo Pomodoro.
6.3 The User undertakes to use the Catalogue Raisonné exclusively for lawful purposes allowed by the current provisions of the applicable legislation, by customs and habits, by the rules of care, in any case without infringing upon the rights of any third parties, whether users of the means of communication or otherwise, and placing particular emphasis on data protection rules, laws on protection of intellectual and industrial property and telecommunications legislation.
ARTICLE 7 USER DATA
7.1 The User undertakes to provide adequate proof, at any time, upon request of FAP, of his/her identity, domicile or residence and, where appropriate, status as legal representative of the legal entity applying for registration on the Website or registered party. Upon receipt of the aforementioned communication, FAP may request the User to submit additional documentation to prove any changes that may have been communicated.
7.2 In the event that the User fails to provide FAP with the aforementioned communication or documentation, or in the event that it has provided FAP with data that are found to be false, not updated or incomplete or data that FAP, in its sole discretion, has grounds for considering as such, FAP reserves the right to:
a. deny the request forwarded by the User concerning operations to be performed with reference to access to, and use of, the Catalogue Raisonné;
b. suspend the services with immediate effect, without notice and for an indefinite period;
c. cancel and/or interrupt, without notice, any operations to modify the data associated with the Service;
d. terminate the contract.
7.3 In any case, FAP shall have the right to request compensation from the User for any further damages, it being understood that the User shall not make any claims for reimbursement, indemnity and/or compensation for damages against FAP for the period of time in which the Catalogue Raisonné has not been used.
ARTICLE 8 PROHIBITED ACTIVITIES, SUSPENSION OF SERVICES
8.1 FAP may at any time, and without notice, suspend or permanently terminate access to the Catalogue Raisonné. In particular, FAP may terminate access, with immediate effect and without the need for prior notification, in the following cases:
a. when the User fails to provide updated, complete and truthful personal data;
b. when the User uses the Catalogue Raisonné for illegal purposes;
c. when the User violates these General Conditions.
ARTICLE 9 CHANGES IN GENERAL CONDITIONS
9.1 FAP reserves the right to modify the Website, the policies and these General Conditions at any time in order to offer new products or services, or to comply with legal or regulatory provisions. The User shall be subject to the policies and terms of the General Conditions applicable from time to time when ordering products from FAP, unless any changes in such policies and terms are required by the applicable legislation or by the competent authorities (in which case, they shall also apply to orders previously submitted). If any provision of these conditions is held to be invalid, null or for any reason unenforceable, such condition shall not affect the validity and effectiveness of the other provisions.
ARTICLE 10 CONFIDENTIALITY
FAP and the User mutually undertake to treat as confidential any data or information known or handled in relation to activities performed for the purpose of the service provided by FAP.
ARTICLE 11 APPLICABLE LANGUAGE
11.1 Only the Italian language shall apply to the Contract and to any relationship between FAP and the User, unless otherwise agreed between the parties in writing under penalty of nullity.
11.2 In case of multiple language versions of these General Conditions, the contract in the Italian language shall prevail between the parties.
ARTICLE 12 LAW APPLICABLE TO THE CONTRACT AND DISPUTE RESOLUTION
12.1 The Italian substantive and procedural law shall apply to the Contract, as well as to all relationships governed by, arising from, deriving from or otherwise in connection with, the same including with reference to performance, termination, rescindment or withdrawal.
12.2 The Court of Milan shall have the exclusive and mandatory jurisdiction over any disputes arising from this Contract.
ARTICLE 13 GENERAL PROVISIONS
13.1 In the event that one or more provisions of the Contract prove to be invalid, the same shall not affect the applicability of the remaining provisions.
13.2 The provisions of Legislative Decree No. 70/2003 (Transposition of the Directive on Electronic Commerce) shall, if and as compatible, apply to the Contract.
13.3 Any other or additional contracts or stipulations between FAP and the User shall not be construed to be in connection with this Contract, each of which remaining therefore separate and independent, except in the event that a contract or stipulation expressly and functionally makes reference thereto, but always within the limits of a correct literal interpretation of the same.
ARTICLE 14 CONTACTS
For any enquiries, FAP can be reached from Monday to Friday from 10.00 to 13.00 and from 14.00 to 17.00 at tel. 02/89075394.