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.
These Conditions of Registration and Use define the rights and obligations of users who register/log in (hereinafter "Registered Users") on the website www.pixtury.com (hereinafter the "Site"), managed by Pixtury S.r.l., registered at the Company House of Rome REA RM-1367963, Tax Code 12353351005 (hereinafter the "Operator"). By providing the Operator with their personal details and registering on the Site, users accept these conditions.
1.1 The Site is an online social network on which artworks (hereinafter "Art Material") uploaded by Registered Users are displayed, commented, distributed and sold.
2.1 The Operator provides Registered Users with the following:
(i) a platform to display Art Materials, with the possibility to comment and interact with other users (hereinafter the "Social Media Services");
(ii) the opportunity to sell their Art Materials and associated printing services through third party suppliers, transaction management, payment services, cashing and shipping to the final client’s address (hereinafter "Art Material Sale Services" and collectively with Social Media Services, the "Services Offered").
2.2 With regards to Social Media Services, please see Rule 4 below.
2.3 With regards to Art Material Sale Services: in the event of successfully completed sales, with no returns or disputes, Registered Users will receive a royalty of 10% on the total sale price of the print or other margin agreed with the author.
2.3.1 If, for any reason, after the purchase the final customer returns the Art Material (for example, having exercised their legal right to return the item), the author of the Art Material returned by the customer will not receive any payment or commission.
2.4 The Operator shall be responsible only for the correct execution of the Services Offered; Registered Users and third parties remain solely responsible for any dispute imputable to their negligent or intentional actions or omissions.
2.5 The amount payable by the Operator will be transferred to the author no later than the last day of the following month from the date of purchase. The transfer will be processed for free to the Registered User’s PayPal account. If the Registered User has not provided a valid PayPal account, the Operator shall not guarantee that the payment will be processed within the terms mentioned above.
2.6 The Operator reserves the right to promote the artworks by offering discounts on the price set by the author of the Art Material.
3.1 To become a Registered User, users must be 18 years old or over, in full possession of their faculties, accept these terms and conditions and provide truthful and accurate information with regards to their identity. In the event of a violation of the above conditions, the Operator reserves the right to suspend or cancel the accounts and not to process the payments in favour of the Registered Users.
3.2 By activating their profile, Registered Users may upload their Art Material for it to be displayed, commented or sold to the public; in this type of sale, the Operator will act as an intermediary; furthermore, Registered Users may take part and vote in the contests published on the Site, buy prints, leave comments and any other activity allowed on the Site. When carrying out their activities, Registered Users shall:
(i) operate honestly, fairly and transparently during all commercial dealings, acting constructively, respecting their own and others’ opinions, dignity, rights and legitimate expectations;
(ii) not open more than one account, or if their account has been suspended or cancelled, not open additional accounts;
(iii) not violate third party rights nor, by way of mere example, insult or defame, intimidate or threat, use third party industrial property without their consent, violate third party copyrights;
(iv) not upload material that others may find offensive, including but not limited to, pornographic, discriminatory, material that may incite violence, or promote or praise alcohol, drugs or any narcotic or service regulated by the Government;
(v) not upload or use information, products, codes, viruses, spam, material or any other mean that may harm the Operator and not use robots, spiders, scraping bots or other automated tools;
(vi) not publish their own or third party identity documents and sensitive data on their profile (i.e. any personal details that may reveal race and ethnicity, religious, philosophical or any other believes, political opinions, membership to political parties, unions, associations or religious, philosophic, political, union organisation, or any personal details that may reveal medical conditions or sexual orientations);
(vii) not violate any applicable rule, law or regulation.
3.3 Registered Users are responsible for the secrecy of their account’s access details, and shall not divulge such details nor allow others to use them to access the Site. Registered Users shall take all measures to prevent others from attaining their access details and inform the Operator of any unauthorised access, and shall not hold the Operator liable for any damages caused by their failure to manage their access details correctly.
4.1 Registered Users are free not to upload any material on the Site. Uploaded Art Material is and remains property of the Registered User, with the exceptions described in Rules 5.2 and 5.4.
4.2 To allow the Operator to provide the services offered on the Site to the public, other users, visitors and the Registered Users themselves, by uploading Art Material on the Site, Registered Users grant the Operator the non-exclusive right, without limitations of space or time, to present to the public, divulge, promote, publicise, use on the Site, promote the sale and sell the Art Material in name and on behalf of the Registered User; to offer some copies for free or at a reduced price for promotional purposes, duplicate, save, print, collect the price in accordance with these terms and conditions, manage any related disputes, make changes and modifications (for example, reduce the format and quality, change the size and make other adjustments to improve the presentation on the Site and the print of the Art Material), at the times and following the methods the Operator considers appropriate, and at its own discretion.
Register Users accept that the amounts received for the above mentioned rights is inclusive of the publicity that Registered Users obtain by showcasing their Art Material on the Site, and any amount paid by the final customers who buy their work. In all other cases the above rights are transferred for free.
4.3 When uploading Art Material, Registered Users guarantee, indemnifying the Operator against claims arising from any third parties, that the Art Material:
(i) is entirely fruit of their labour or that they have obtained the necessary rights from all other authors;
(ii) does not reproduce or use the image of a person without their consent;
(iii) does not reproduce images that some people may find offensive (ex. pornographic or pedo-pornographic photographs, photographs of minors in sexually equivocal situations, photographs of people with expressions they do not consent to publish, photographs with particularly crude subjects, etc.);
(iv) does not reproduce or use third-party registered trademarks or intellectual property; and in general
(v) does not violate third-party rights, laws, regulations or any applicable law in any way. To this end, on simple request by the Operator, Registered Users shall provide written and signed quittance.
4.4 The Operator asks Registered Users and visitors to respect certain conditions of use, however it cannot warrant against the improper use, actions, omissions, requests, pretences and any related consequences, of other Registered Users, visitors or third parties.
Therefore, the Operator will not be responsible for any negligent or intentional actions or omissions of other Registered Users, visitors, buyers and third parties in general.
4.5 Anyone has the right to request that Art Material, comments and, within reason, other materials that violate their rights, are removed from the Site, by notifying the Operator at its registered address, explaining the facts and including adequate evidence.
With regards to copyright violations, it is also possible to use the form and procedures described in the Visitor Rules. Registered Users pre-emptively authorise the Operator to suspend or cancel their account or suspend and cancel any Art Material or other material disputed by third parties.
This right can be exercised by the Operator at its sole discretion and independently from the validity of any third-party allegations. Should any third-party allegation prove to be unfounded, the Operator shall reactivate the suspended or cancelled account or reintegrate any deleted material. Registered Users who believe a third-party request to be unfounded, should refer to the competent Authorities to obtain a decision and to advise the Operator on the right conduct to adopt in the circumstances.
5.1 The Operator may organise contests (on the Site referred to as "contests), with the objective of giving greater visibility on the Site to the winning artworks. Criteria to determine the winning artwork will be established by the Operator on an ad hoc basis and indicated in the contest description.
5.2 The Operator may organise contests awarding a prize for the winning artwork(s) chosen by the Operator. The prize shall be considered a remuneration for the provision of services, and will be paid following the transfer to the Operator of the rights to the commercial use of the work, at the conditions and prices established each time in the contest description. The author will waive all moral rights in favour of the Operator and shall reimburse the Operator of any damages in the event of a change of heart.
5.3 Registered Users may choose to take part in a contest at the conditions established and indicated on the contest page.
5.4 The exclusivity, or otherwise, of the rights transferred will be established for each contest.
5.5 The amount payable by the Operator will be transferred to the author no later than the last day of the following month from the last day of the contest.
The transfer will be processed for free to the Registered User’s PayPal account.
If the Registered User has not provided a valid PayPal account, the Operator shall not guarantee that the payment will be processed within the terms mentioned above.
5.6 If the Registered User provides the wrong PayPal account and the Operator transfers the amount based on such details, the Operator shall be free from the obligation of paying the Registered User.
6.1 In addition and with no prejudice to the above and following provisions, by using the Site or any of our other services, the User accepts the following:
6.1.1 The images available for sale on the Site can be stored on servers belonging to the Operator; the Operator may request a third party, within or outside the European Union, to provide the servers, in which case the Operator will not be responsible for any damages caused by the provider of the service. Payment transactions are not managed by the Operator, who will not be responsible for any issues caused by the activities of such third parties; nevertheless, the Operator will not be responsible for any damages caused by unforeseeable circumstances, force majeure, or third-party actions (ex. hackers).
6.1.2 Changes to Art Materials, such as the addition of watermarks or other measures to avoid forgery, may be applied through automated processes. Therefore, Registered Users acknowledge that such changes may be applied automatically during upload.
6.1.3 The Operator reserves the right, but does not assume the obligation, to review Art Materials before, during and after they have been uploaded in order to identify any violations of these conditions, third party rights, or the law. Furthermore, the Operator reserves the right to remove, at its sole discretion, any published Art Material if it deems, at its sole discretion, that it breaches these conditions, third party rights, or the law.
6.1.4 Uploading Art Material that breaches third party rights constitutes a direct and material violation of these conditions and as a consequence the Operator may, at its sole discretion, suspend and/or close the Register User’s account.
6.1.5 The Operator has no right and no way to control the activities of Registered Users and visitors of the Site. Registered Users or visitors of the Site who violate the rights of other Registered Users, visitors, third parties or the law, shall be solely responsible for such violations.
6.1.6 The Operator may remove a Register User’s image without providing an explanation and without prior notification.
6.1.7 Buyers of Art Material sold by the Operator shall remain anonymous to Registered Users. In this case, Registered Users agree not to make any contact with the buyers of their images, unless any of their rights not excluded or limited by these conditions are breached.
6.1.8 Registered Users may request that their artworks are removed form the Site at any time. Once the request has been submitted, the files shall be removed from the Site within 72 hours. The Operator may keep the images in a private archive for six months, in order to manage any complaints from previous buyers or to allow the Registered User to reactivate the files. After this time, the Operator will delete all files.
6.1.9 Registered Users grant the Operator the right to use their artworks after removing them from the Site, in the event the Operator has used such artworks to create advertising materials (for example, flyers or online advertising materials) or included them in images on the pages of the Site (for example, the welcome image on the Home Page, background images of articles on the "Our guides" pages or images used to present sections of the Gallery), only with reference to images that have already been created.
7.1 These conditions are subject to Italian Law.
7.2 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.
Art. 13 of Italian Legislative Decree 196/2003 - Data Protection Code
(1) When visitors and users use the services offered on the site www.pixtury.com (hereinafter the "Site"), Pixtury may collect some of their details for the following purposes and according to the rules herein. The provision of personal data is optional and even if provided voluntarily, data subjects have the right to request their integration, correction, cancellation, transformation into anonymous format at any time; however, without such data Pixtury may not be able to offer the services requested.
(2) The Data Controller is Pixtury S.r.l., registered at the Company House of Rome with number REA RM-1367963, Tax Code 12353351005 (hereinafter the "Operator"), in the person of its pro tempore legal representative.
(3) In the case of visitors of the Site/non-registered users, the Operator may acquire some personal details, the transmission of which is implicit in the use of internet communication protocols. Such data is not collected to be associated with identifiable subjects, but due to their nature, may lead to identify users through elaborations and connections with information held by third parties. In the case of Registered Users or non-registered users purchasing items, during registration and/or later (during the purchasing process), personal details such as name, surname, billing address, delivery address of any purchased items, details of accounts on which payment should be made and other information voluntarily provided by users may be collected by the Operator.
(4) With no prejudice to any other rights protected by law, users are informed and reminded that they always have the right to obtain confirmation as to whether or not personal data concerning them exist, to know their personal details’ origin, logic and purpose of processing, ask that their personal details are updated, corrected, transformed into anonymous format, and refuse (completely or partially) authorisation to process their personal details for legitimate reasons.
(5) The Operator will process the collected data for the following purposes:
(6) The data provided may be processed by the Operator, any companies part of its group and by commercial partners (including the server providers, payment processors, shipping companies, etc.), outside or within the European Union ("EU") or the European Economic Area ("EEA"), strictly for the above mentioned purposes. Personal data transferred outside the EU/EEA, will be guaranteed a reasonable level of protection.
1.1 These Conditions of Sale govern the way the artworks - produced by the authors under their sole responsibility and selected by the website www.pixtury.com (hereinafter the "Work" and the "Site") - are provided to the user who places an order (hereinafter the "Buyer") subject to these Conditions of Sale.
1.2 "Provision" means that Pixtury S.r.l., registered at the Company House of Rome, Tax Code 12353351005, with registered office in Rome, Piazza dei Prati degli Strozzi 26, 00195, and owner of the brand "Pixtury" (hereinafter the "Operator"), supplies the Work printed on the material chosen by the Buyer and sends it to the address indicated using the shipment method selected (times and costs may vary depending on the shipping service selected).
1.3 The Work may be owned by the Operator or the Registered Users. When the Work is owned by a Registered User, the Operator acts as an intermediary between the buyer and the Registered User.
2.1 The selection of the Work and submission of the online form will constitute a purchase offer from the Buyer to the Operator.
2.2 The sale will be completed once the Operator confirms acceptance at the email address provided by the Buyer. The Operator reserves the right, at its sole discretion, not to accept the order, including in the event of incorrect or incomplete submission of the form, suspicious transactions, sales outside the Countries or territories in which the Operator offers its services, or unforeseeable technical issues in relation to services or supplies.
2.3 When an order is not confirmed, if the Buyer has paid a part or the full price in advance, the amount will be refunded in the shortest time possible, compatibly with payment processing times.
3.1 Works are printed specifically for the Buyer, on the material and in the size selected by them, and shipped within the shortest time possible, compatibly with production and shipping processing times, or, if offered, according to the delivery terms specified by the Buyer at the time of purchase. Normally the Operator does not keep Work in stock.
3.2 The Work will be sent to the Buyer’s domicile or to a different address (when possible); the Buyer shall receive the Work or instruct a third party to receive the Work on their behalf (in the event of international deliveries: returns policy DDP at the address provided, no insurance, Incoterms 2010). Deliveries are not scheduled at fixed or agreed times and will occur during working hours. Therefore, the Buyer shall be available to accept the delivery during normal working hours.
3.3 After 2 (two) failed delivery attempts due to the Buyer being unavailable or untraceable, the Operator shall make the Work available to the Buyer at its registered office and the Buyer shall arrange to collect it personally, or ask a trusted third party to collect it on their behalf, at their own expense (in addition to the delivery charges paid at the time of purchase), and according to the terms agreed ad hoc with the Operator. Should the Buyer fail to collect the Work within 30 (thirty) days from the date of the last delivery attempt, the Operator may, at its sole discretion, decide to retain the Work as compensation for storage and disposal expenses, without prejudice to the right to claim damages.
The products purchased by the Operator are custom-made following the Buyer’s instructions with regards to the image selected, printing materials and size, therefore in accordance with Art. 59, letter c) of the Italian Consumer Code (Legislative Decree No. 206, of 06.09.2005), the Buyer shall not have the right to withdraw.
5.1 The Operator guarantees the Work delivered will match the essential characteristics of the image shown on the Buyer’s screen. The Buyer accepts that, depending on the printing materials selected, the image on their screen may not correspond exactly to the result printed and that any differences are not covered by warranty.
5.2 Any defects of the image chosen by the Buyer and visible on the screen (for example, marks on the image, subjects out of focus, details cut off) and any minor defects, damages or differences on the print (for example, small smudges or non-perfect finishings) and other details of the Work that do not impact its essence, are not covered by warranty.
5.3 The Operator will be responsible only for printing and shipping the Work. Any complaints concerning the content and object of the Work must be submitted only to the author (or, if applicable, the authors) of the Work. The Buyer shall not involve the Operator in any disputes regarding matters that are responsibility of the author.
5.4 The Buyer shall notify any defects or damages within 14 (fourteen) days from receiving the Work, by sending an email to [email protected] including a description of the defects or damages, together with photographs to support their claim.
5.5 In the event of any damages imputable to transport (for example, damaged packaging), the warranty will apply only if the Buyer accepted the parcel from the courier indicating "Accepted subject to verification - (description of issue discovered)".
5.6 The Work shall be return to the Operator’s registered office or to a different address indicated by the Operator; the Buyer will return the Work within 14 (fourteen) days from sending the notification and not before having received confirmation from the Operator with regards to the validity of the warranty;
5.7 If the above mentioned conditions have not been met and the Buyer has not returned the Work, once the terms set by the law and mentioned above have expired, the warranty will no longer be valid. If the above mentioned conditions have not been met and the Buyer has already returned the Work, the Buyer shall arrange to collect the Work from the Operator’s warehouse at their own expense. If the Buyer does not collect the Work within 15 (fifteen) days from returning it, the Operator will be authorised to dispose of the Work, and the Buyer shall waive all rights on the Work and to any refund, and the Operator will retain it as compensation for storage and disposal expenses, without prejudice to the right to claim damages.
6.1 Online purchasing is reserved to individual consumers. Purchases for commercial purposes or carried out by professionals and companies (and invoice issuing) are allowed only with the Operator’s prior consent.
6.2 If, for any reason, a purchase is made by a buyer that does not qualify as a "consumer", the transaction will be subject to the regulations applicable to professionals, in accordance with Italian laws.
8.1 These conditions are subject to Italian Law.
8.2 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.