THE GENERAL TERMS AND CONDITIONS SET OUT BELOW (HEREINAFTER, “GENERAL TERMS AND CONDITIONS” OR “AGREEMENT”) APPLY TO ALL USES OF THE CATALOGUE RAISONNÉ OF ARNALDO POMODORO AND THE ONLINE ARCHIVE (HEREINAFTER, “CATALOGUE RAISONNÉ” AND “ARCHIVE”; THE USE OF THE CATALOGUE RAISONNÉ AND THE ARCHIVE, HEREINAFTER REFERRED TO AS “USE”), TO WHICH ACCESS IS PROVIDED BY THE ARNALDO POMODORO FOUNDATION, WITH ITS REGISTERED OFFICE IN MILAN, VICOLO LAVANDAI 2/A (HEREINAFTER “FAP”), WHICH MANAGES THE WEBSITES WWW.ARNALDOPOMODORO.IT AND WWW.FONDAZIONEARNALDOPOMODORO.IT AND THE DOMAINS DIRECTLY LINKED TO THEM.
THE CATALOGUE RAISONNÉ AND THE ARCHIVE CAN BE ACCESSED VIA THE FOLLOWING LINKS:
https://www.arnaldopomodoro.it/profile/registration/?section=catalogo
https://www.arnaldopomodoro.it/profile/registration/?section=archivio
(HEREINAFTER, THE “WEBSITE”).
USERS OF THE CATALOGUE RAISONNÉ AND THE ARCHIVE (HEREINAFTER REFERRED TO AS “USER” OR, IN THE PLURAL, “USERS”), WHO REGISTER ON THE WEBSITE AND USE THE CATALOGUE RAISONNÉ AND/OR THE ARCHIVE, MUST ACCEPT THESE GENERAL TERMS AND CONDITIONS.
THESE GENERAL TERMS AND CONDITIONS ARE PRIMARILY INTENDED FOR USERS ACTING IN THEIR CAPACITY AS PROFESSIONALS, SCHOLARS, RESEARCHERS OR INSTITUTIONS. IF A USER QUALIFIES AS A “CONSUMER” WITHIN THE MEANING OF ARTICLE 3(1)(A) OF LEGISLATIVE DECREE NO. 206 OF 6 SEPTEMBER 2005, AS SUBSEQUENTLY AMENDED AND SUPPLEMENTED (“CONSUMER CODE”), THE APPLICABLE PROVISIONS SHALL BE SUPPLEMENTED BY THE MANDATORY PROTECTIONS PROVIDED FOR IN THAT DECREE, WHICH SHALL PREVAIL IN THE EVENT OF ANY CONFLICT WITH THESE GENERAL TERMS AND CONDITIONS.
THE CATALOGUE RAISONNÉ AND THE ARCHIVE ARE REFERENCE TOOLS AND DO NOT SERVE TO CERTIFY AND/OR AUTHENTICATE THE WORKS OF ARNALDO POMODORO.
1.1 These General Terms and Conditions govern the terms and conditions under which FAP provides the User with access to the Catalogue Raisonné of the works of Arnaldo Pomodoro and to the Archive, in accordance with the technical specifications and conditions set out in this Agreement (hereinafter, the “Service”).
1.2 The Service is provided by FAP via the Internet in accordance with the procedures described online on the Website, in its current factual and legal state as at the date of the registration request, with the technical and financial characteristics described therein, which the User, by accepting the following General Terms and Conditions, expressly declares to be aware of and to accept. Access to the Catalogue Raisonné and the Archive is granted for the duration specified at the time of registration on the Website or, in the absence of such specification, for an indefinite period. Any services beyond those set out in this Agreement may be provided by FAP only following a specific written request from the User in accordance with procedures to be defined on a case-by-case basis, or in accordance with any alternative provisions set out on the Website.
1.3 The Catalogue Raisonné and the Archive are reference tools and do not serve any purpose of certifying and/or authenticating the works of Arnaldo Pomodoro.
1.4 These General Terms and Conditions have been drawn up and prepared in compliance with and in accordance with the provisions of applicable law; they are of a general nature and may be subject to any amendments rendered necessary by subsequent legislation and/or regulations, subject to the provisions of Article 9.
1A.1 FAP makes the ‘Bookmark’ feature available to registered Users, through which they may mark and save works of interest in a dedicated section of their personal account, store the results of searches carried out, and attach notes to individual selected works, in order to facilitate quicker and easier consultation at a later date .
2.1 To register on the Website and use the Catalogue Raisonné and the Archive, you must complete the relevant form that appears on the login screen when registering on the Website, providing the personal data requested. The processing of such data is carried out in accordance with the terms set out in the privacy notice provided pursuant to Article 13 of EU Regulation 2016/679 (“GDPR”), available on the Website prior to the start of the registration process and at the following link: https://arnaldopomodoro.it/privacy-policy/. By accepting the General Terms and Conditions, the User declares that their personal data is up to date, accurate and truthful.
2.2 The User also undertakes to update his/her registered data promptly so that they remain current, complete and accurate at all times.
2.3 When registering on the Website, the User is required to expressly state whether they are acting as a “consumer” within the meaning of the Consumer Code or as a “non-consumer” (i.e., by way of example and without limitation, as a researcher, academic or institution acting in the course of their professional, business, craft or otherwise non-private activities). The declaration made by the User pursuant to this article is deemed to have been made under their sole responsibility. FAP is under no obligation to verify the truthfulness of such a declaration and accepts no liability for any damages or consequences of any other nature arising from untruthful declarations.
3.1 The login credentials for the Catalogue Raisonné and the Archive are assigned to the User upon their online registration via the relevant form on the Website, and are then communicated to the User in an email sent to the User immediately after completing the form, to confirm the email address provided during registration.
3.2 The User undertakes to take due care of the login details received, not to disclose or transfer them to third parties, and to keep them confidential, in order to prevent unauthorised access. In the event that, for any reason whatsoever, including theft, the credentials should become known to third parties, the User is obliged to inform FAP immediately by email at catalogueraisonne@fondazionearnaldopomodoro.it and/or via the contact form available on the Website, so that FAP may proceed to replace them. FAP will implement appropriate technical and organisational measures, in accordance with Article 32 of the GDPR, to ensure the security of Users’ login details and data. Should the User be unable to access the Website by entering their registration details, or be unable to change their password, they must immediately report the issue using the contact details provided on the Website.
3.3 The User assumes personal responsibility for the information provided in the fields of the registration form on the Website and for any consequences that may arise from false statements. Should the information provided by the User in the registration form prove to be untrue, FAP reserves the right not to grant, or to disable, the User’s access to the Website and its services, notifying the User at the registered email address, without any obligation to provide reasons and without prejudice to the right to take appropriate legal action as the case may require.
4.1 FAP grants the User a non-exclusive, non-transferable and non-sublicensable licence to access the contents of the Catalogue Raisonné and the Archive and to use them exclusively for personal and non-commercial purposes (hereinafter, the “Licence”). This Licence does not include any right to resell or make commercial use of the content, nor the right to collect and use the lists, descriptions or images or any other content, to make derivative use of the Catalogue Raisonné and the Archive or their content, to download or copy account information in any way, or to use automated data extraction techniques (so-called data mining), automated query systems (so-called robots or web scrapers) or other similar tools for the mass acquisition and collection of data.
4.2 It is therefore not permitted to reproduce, duplicate, copy, sell, resell, modify, process or in any other way use the contents of the Catalogue Raisonné and the Archive, in whole or in part, for any commercial purpose without the express written consent of FAP. Furthermore, it is prohibited to engage in indirect linking of web pages (so-called “framing”) or to use framing techniques or online linking methods to misappropriate any trademark, logo, or other proprietary information (including images, text, page layouts, or formats) contained in the Catalogue Raisonné and the Archive, absent FAP’s express prior written consent. It is not permitted to use any meta tags or any other ‘hidden text’ (“metatags” or “keyword stuffing”) using the name or trademarks of FAP without the express written consent of FAP. Furthermore, without the express written consent of FAP, you may not use, directly or indirectly, the contents of the Catalogue Raisonné and the Archive - including any extracts, reproductions, aggregations or representations thereof - as training, validation, testing or fine-tuning data for artificial intelligence systems or models (within the meaning of Regulation (EU) 2024/1689, the “AI Act”), nor is it permitted to carry out any text and data mining, web scraping, crawling or systematic automated extraction of such content aimed, in whole or in part, at creating or enriching datasets for artificial intelligence systems or models.
4.3 All content present on or made available through the Website, the Catalogue Raisonné and the Archive, whether in the form of text, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software, are the property of FAP or third parties and are protected by Italian legislation on intellectual property rights, where applicable, including Law No. 633 of 22 April 1941, as amended, and by further relevant European and/or international laws. Where specific content is attributable to entitled third parties, FAP will indicate the relevant ownership.
5.1 The User may cancel their registration on the Website at any time. This right may be exercised at any time, without any obligation to provide reasons and at no cost, by sending written notice to the contact details set out in Article 14 or, through the User’s account area of the Website, by clicking on “Withdraw from the Agreement and delete account here” and then on the “Withdraw and delete account” button. Consequently, on the date of receipt of the aforementioned notification or on the date on which the aforementioned “Withdraw and delete account” button is clicked (hereinafter referred to as the “Withdrawal Date”), FAP will promptly remove the User from its database of registered Users and confirm this removal to the User by email, resulting in the termination of the User’s access to and use of the Catalogue Raisonné and the Archive, as well as the deletion of all related data within 30 days from the Withdrawal Date, except where FAP is required to retain such data in accordance with retention obligations under applicable legislation.
5.2 Without prejudice to the provisions of Article 8, FAP may terminate this Agreement with the User in accordance with and for the purposes of Article 1456 of the Italian Civil Code, in the event of a breach by the User of the terms of the Licence referred to in Article 4 of this Agreement, without prejudice to FAP’s rights to claim compensation for any damages suffered.
5.3 In the event of termination by FAP, FAP shall notify the User by email to the User’s contact details, with immediate effect and in accordance with the law, explaining the reasons for such a decision, and the User shall have the right to respond.
6.1 Provided that it has acted with professional diligence, FAP accepts no liability for errors, omissions, interruptions, deletions, defects, operational or transmission delays, communication line failures, theft, destruction, unauthorised access or alteration of any communication made by users (whether registered or not), nor for any technical problems or faults relating to networks or telephone lines, online processing systems, servers or providers, IT equipment, software, e-mail errors or software errors due to technical problems or high Internet traffic relating to the Website’s services, or a combination thereof, which (i) are not caused by a breach of the Agreement on its part or otherwise attributable to its actions; (ii) are not reasonably foreseeable by the User or by FAP at the time the Agreement is concluded; and/or (iii) arise from events beyond FAP’s reasonable control. This limitation of liability applies to the extent permitted by applicable law and does not exclude or limit FAP’s liability for wilful misconduct or gross negligence, nor does it exclude the mandatory protections provided for in the Consumer Code in favour of Users who qualify as “consumers”.
6.2 FAP shall act with professional diligence in providing the Service to the User and in ensuring a secure and error-free environment. FAP cannot guarantee or promise the achievement of specific results following the use of the Catalogue Raisonné and the Archive, beyond what is provided for herein. The content published in the Catalogue Raisonné and the Archive does not constitute authentication or certification of Arnaldo Pomodoro’s works. FAP undertakes, within reasonable limits, to take the necessary technical measures to ensure the availability and continuity of the Service, notifying Users of any planned interruptions with reasonable notice. This is without prejudice, in any event, to the application of the guarantee and remedies provided for in Articles 135-octies et seq. of the Consumer Code for contracts for the supply of digital content and services.
6.3 The User undertakes to use the Catalogue Raisonné and the Archive exclusively for lawful purposes and in accordance with the applicable legal provisions in force, established practices and customs, and the rules of due care, and in any event without infringing the rights of any third party, whether or not they are a user of the communication medium, whilst paying particular attention to personal data protection regulations, laws on the protection of intellectual and industrial property, and telecommunications legislation.
7.1 The User undertakes to provide, at any time and upon request by FAP, adequate proof of their identity, domicile or residence and, where applicable, of their status as the legal representative of the legal entity making the request or holding the registration on the Website. Upon receipt of the aforementioned notification, FAP may request additional documentation from the User to substantiate the changes notified.
7.2 Should the User fail to provide FAP with the aforementioned notification or the requested documentation, FAP reserves the right to:
In such cases, FAP shall inform the User without undue delay, where appropriate and in accordance with the law, explaining the reasons for such a decision, and the User shall have the right to respond within the time limit specified in the aforementioned notification.
7.3 In any event, FAP reserves the right to seek compensation from the User for any greater damages suffered. It is further understood that the User shall not be entitled to claim from FAP any refund, indemnity and/or damages in respect of any period during which the User was unable to access or use the Catalogue Raisonné and/or the Archive as a result of circumstances attributable to the User.
8.1 Without prejudice to the other remedies provided for in this Agreement and/or by applicable law, FAP may, for just cause and subject to prior notice to the User, suspend or permanently interrupt access to the Catalogue Raisonné and the Archive. In particular, FAP may suspend or interrupt access to the Catalogue Raisonné and the Archive in the following cases:
In such cases, FAP shall notify the User of such suspension or interruption without undue delay, where appropriate and in accordance with the law, explaining the reasons for such a decision, and the User shall have the right to respond within the time limit specified in the aforementioned notification.
9.1 FAP reserves the right to amend these General Terms and Conditions for the following reasons: (i) to offer new products or services; (ii) to comply with statutory or regulatory provisions; (iii) for security reasons; or (iv) to deal with exceptional and unforeseeable circumstances beyond FAP’s reasonable control. Amendments to the General Terms and Conditions will be communicated to Users by email to the registered address with at least 30 (thirty) days’ notice prior to their entry into force, unless the amendments are required by applicable law to take effect immediately. The User shall be bound by the terms of the General Terms and Conditions in force from time to time. Any User who does not wish to accept the amendments may withdraw from the Agreement in accordance with Article 5.1 within the notice period specified in the aforementioned notification.
10.1 FAP and the User mutually undertake to treat as confidential any data or information known or handled in connection with the activities for the performance of the Service provided by FAP.
10.2 FAP processes Users’ personal data collected to provide the services covered by these General Terms and Conditions in its capacity as data controller in accordance with the GDPR and applicable national legislation on the protection of personal data (Legislative Decree 196/2003), adopting appropriate technical and organisational measures to ensure the security and confidentiality of the User’s data.
10.3 Full details regarding the purposes and methods of processing, the categories of data processed, retention periods, the parties to whom the data may be disclosed, as well as Users’ rights as data subjects and how to exercise them, are set out in the privacy notice available at the following link: https://arnaldopomodoro.it/privacy-policy/ and may be consulted before commencing the registration process.
11.1 The Italian language shall be the language of this Agreement and of any relationship between FAP and the User, unless otherwise agreed by the parties in writing, failing which any such agreement shall be null and void. The present version is an English translation of the applicable Italian version.
11.2 In the event of multiple language versions of these General Terms and Conditions, the Italian-language version shall prevail between the parties.
12.1 This Agreement, as well as all relationships governed by, arising out of, resulting from or otherwise connected with it, including with respect to the performance, interpretation and/or termination of this Agreement for any reason whatsoever, shall be governed by Italian law.
12.2 For all disputes arising from or in any way connected with this Agreement, jurisdiction shall lie exclusively and without exception with the Court of Milan; provided, however, that for Users who qualify as “consumers” within the meaning of the Consumer Code, jurisdiction shall lie with the court of the consumer’s place of residence or elected domicile.
13.1 Should one or more provisions of this Agreement prove to be invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.
13.2 The provisions of Legislative Decree 70/2003 (transposition of the E-Commerce Directive) shall apply to this Agreement, insofar as they are compatible with it.
13.3 The existence of any other contracts or agreements between FAP and the User does not establish any link between them and this Agreement; each shall therefore remain separate and independent, except where one contract or agreement explicitly and functionally refers to another, but always within the limits of a correct literal interpretation thereof.
13.4 These General Terms and Conditions are made available to the User so that they may be stored and reproduced.
For any enquiries, FAP can be contacted using the following details:
Address: Fondazione Arnaldo Pomodoro, Vicolo Lavandai 2/A, 20144 Milan.
Telephone: 0289075394, Monday to Friday from 10.00 to 13.00 and from 14.00 to 17.00.
Email: catalogueraisonne@fondazionearnaldopomodoro.it.
Certified email (PEC): fondazionearnaldopomodoro@legalmail.com .
