This is a translation of the original Italian terms and conditions. In the event of any inconsistencies or differences between the two versions, the Italian version shall prevail.
We inform you that the access and / or the utilisation of the site or of any material on www.pixtury.com (hereinafter the "Site") is subject to these conditions.
The site is an on-line gallery where users can showcase their artworks (hereinafter the "Art material") and sell them as prints on physical supports. The site is managed by the company Pixtury S.r.l., registered at the Company House of Rome with number REA RM-1367963, Tax Code 12353351005 (hereinafter "Pixtury").
Pixtury allows unregistered users (the "visitors ") to search and view the art material. You are then free to explore the gallery, but to save a copy, to print or any other unauthorised use will be a violation of the copyright and intellectual property of the authors and Pixtury. It is considered an unauthorised use each use that is not related to searching and viewing of the images; examples of unauthorised use are copying, storing, editing, altering, adding elements, the aggregation with other works, the diffusion, the sale and licensing to third parties.
In legal terms all the images, texts and in general the material on this site are property of Pixtury and the authors and all images are protected by the Italian copyright law. Note: unauthorised use may result in a risk of civil and criminal offences.
With the exception of what stated above, you may copy and paste Pixtury links on blogs and social networks, provided that it is always mentioned that the material comes from the site www.pixtury.com.
You are also free to criticise the art material, provided that you do not use language and behaviours that are prejudicial to the rights and dignity of the authors, of Pixtury or of any third parties or that are in violation of the law.
Pixtury allows the sale of the art material, which will be printed on the format specifically selected by the buyer and delivered to the indicated address.
Sales through the website are reserved to individual consumers.
The sale to professionals and companies (and the issue of the invoice) and the sale for commercial purposes are permitted only in case of specific agreement with Pixtury.
Therefore Pixtury reserves the right to limit the number of works purchased by each individual user.
All sales are subject to our conditions of sale, to be approved specifically during the purchase. Any sale operation will be materially executed by Pixtury which will operate as an intermediary.
The contractual relationship will be between the author of the art material and the buyer, and the buyer can contact the author for any question relating the purchased product, unless for any issues regarding services performed by Pixtury.
To facilitate the operations Pixtury may decide to charge the entire amount on the buyer and then to transfer to the author the amount due to him.
Pixtury requires all the authors to self-certify to be the sole owners of the rights to the art material published. If exploring the site you have noticed that your copyright has been violated by some authors, we have created a simple form to use for this type of complaints, to be sent to the email
Pixtury requires all the authors to self-certify to be the sole owners of the rights to the art material published. If exploring the site you have noticed that your copyright has been violated by some authors, we have created a simple form to use for this type of complaints, to be sent to the email [email protected] with subject "Abuse complaint".
Note: complaints sent in different formats may not be managed with the same promptitude.
"
Dear Pixtury s.r.l.,
on date [x] I noticed on your website, at the address [x], that the author called [x] published a work with title [x]. Such work has been exhibited in violation of my rights because [x].
Furthermore .................... (free exposure of the facts) ....................... ............................................
Upon your or the author request I can provide as proof of my rights and what I indicated the following documents: (1) [x], (2) [x], ….
What I have illustrated is a complete and accurate representation of fact, and I am aware of the civil and criminal liabilities that ensue from my false or inaccurate statement.
I ask you herewith to contact the author, even sending him this communication, to demand him the removal of the work.
If the offender refuses to remove the work, I ask you to remove it and dispense you with hold harmless for any damage or expense that may have been caused, directly or indirectly, by my request.
If within 20 days from the receipt of this communication I will not have given you any proof of action taken by me to protect my rights, I authorize you to restore the work.
I also authorise you to retain my personal information and this communication during the resolution of this complaint or the expiry of the limitation period applicable.
I enclose a photocopy of my identity card.
Sincerely,
[LOCATION], [DATE]
SIGNATURE: _____________________________________"
Feel free to use a different model for such communication, that will have to be sent by ordinary or registered mail to our registered office. The communication will have to contain the essential elements included in our model, will uniquely identify you and will ensure that, if you require us to do something, you will assume full responsibilities for your request.
In the absence of such terms we shall be entitled not to proceed with your request.
To know your privacy rights please visit the appropriate section of the site.
Pixtury is the sole owner of the Pixtury ™ brand and trademarks, of the logos and the images on this site. Any unauthorised use of our intellectual property is forbidden. If you want to reproduce our logos please contact us explaining how you want to use them. We will carefully consider your request.
Pixtury offers the site and the images as provided by the authors and does not offer any warranty, express or implied, regarding any pictures, the site, the accuracy of the information or any other right or license included in this agreement including, without limitation, any implied warranty of merchantability for a particular purpose, or violations, or that the site and each service will be uninterrupted or error free. Except for liabilities mandatorily required by law, nor Pixtury nor its affiliates or members may be responsible for the user or for any third party that can claim for direct, indirect, incidental, or consequential damages arising from the use of the images.
To improve our service from time to time we may change any or all of these rules and conditions. The use of this website automatically includes the acceptance of these rules, as well as the possibility that they may be modified, replaced or updated.
10.1 These conditions are subject to Italian Law.
10.2 Without prejudice to the circumstances in which jurisdiction cannot be derogated from by agreement of the parties, the Courts of Rome, Italy, will be exclusively and indisputably competent in the event of any dispute, contractual or non-contractual, involving the Operator, directly or indirectly, in connection with the Site and its content.