Website Terms and Conditions of Service
Last updated: April 2024
Welcome to The Italian Art Guide. This Website, located at www.theitalianartguide.com, is provided by Dobroslawa Nowak S.r.l., with a registered address at Via Parini 9, Milan, 20121, Italy. By accessing our Website, you agree to these Terms and Conditions of Service and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Website, or to products and services that we make available to you through the Website. If you do not agree to all of these terms and conditions, do not use this Website.
1. Introduction to The Italian Art Guide Website
1.1. The Italian Art Guide is dedicated to fostering a diverse, inclusive, and engaging online space for art enthusiasts, artists, and the general public to explore and appreciate the wide spectrum of human creativity. By defining its scope and acknowledging the potential risks associated with art, the Website aims to balance artistic freedom with respect for its audience’s diverse sensitivities and values.
1.2. Definition of Art: For the purposes of The Italian Art Guide, art is understood in its broadest sense, encompassing all forms of creative expression that humanity can offer. This includes, but is not limited to, visual arts (such as painting, sculpture, photography, and digital art), performance arts (including dance, theater, and music), literary arts (such as poetry and prose), and new media arts. Art, in this context, is a reflection of the human condition, encapsulating emotions, cultural narratives, societal critiques, and personal expressions in various mediums and styles.
1.3. Acknowledgement of Art’s Diversity and Risks: We recognize that art is a powerful medium that can evoke a wide range of emotions and reactions. Some artworks may contain or depict themes that are sensitive, graphic, psychologically challenging, violent, or racial in nature. These elements may be inherent to the artwork’s critique, exploration, or representation of real-life issues and are not intended to harm, but rather to provoke thought, evoke emotion, or express a particular perspective or artistic vision.
1.4. Scope of Services
1.4.1. Artist Exhibitions Promotion: The Website serves as a platform to promote and advertise art exhibitions for artists around the world. This includes showcasing past, upcoming and current exhibitions, artist profiles, and exhibition content.
1.4.2. User Announcements: Users who interact with the Website may receive personalized updates regarding art exhibitions, events, and news that match their interests. This may include but not limited to newsletters, email alerts, and other forms of communication.
1.4.3. Competitions: The Italian Art Guide may host competitions for artists and art enthusiasts, providing opportunities for engagement, recognition, and prizes. These competitions may cover various themes and art forms, fostering a vibrant community interaction.
1.4.4. Social Media Presence: The Website maintains an active presence on multiple social media platforms, facilitating broader engagement with the art community. This presence may include sharing User Content, interactive posts, live event coverage, and community discussions.
1.4.5. Educational Content and Resources: To further enrich Users’ understanding and appreciation of art, the Website may offer educational content and resources. This could include artist interviews, art history articles, technique tutorials, and discussions on art theory and criticism.
1.4.6. Virtual Exhibitions and Tours: Embracing technological advancements, the Website could offer virtual exhibitions and tours, allowing users to explore art digitally from anywhere in the world. This initiative aims to make art more accessible and to bridge geographical gaps within the art community.
1.5. Users of The Italian Art Guide are encouraged to engage respectfully and thoughtfully with the content and the community. While the Website promotes freedom of expression and open dialogue about art, it expects Users to respect the diversity of opinions and the sensitive nature of certain artworks. Users are asked to approach sensitive or potentially controversial content with an open mind and a considerate attitude toward differing perspectives.
2. Definitions
2.1. This definitions section is intended to provide clear and concise explanations of the key terms and conditions used throughout the agreement, ensuring that all parties have a mutual understanding of their meanings and implications.
2.2. “The Website” refers to “The Italian Art Guide,” accessible via www.theitalianartguide.com, and encompasses all content, services, and features provided on that platform.
2.3. “User” denotes any individual or entity that accesses, browses, or otherwise utilizes the Website in any manner.
2.4. “Artist” refers to any individual or collective that creates art and may share, promote, or sell their artworks through the Website.
2.5. “Content” encompasses all types of material available on the Website, including but not limited to text, images, videos, audio clips, digital downloads, and user-generated content.
2.6. “User Content” means any content that users post, upload, share, or otherwise contribute to the Website, including comments, reviews, images, and videos.
2.7. “Art” is recognized as a form of creative expression manifesting in various disciplines and mediums, including but not limited to painting, sculpture, photography, digital art, performance, and literary works. Art serves as a reflection, commentary, or critique of the human experience, and may include political, social, and cultural dimensions.
2.8. “Intellectual Property Rights” are the legal rights granted to the creators of original works of authorship, including rights under copyright, trademark, patent, and trade secret laws.
2.9. “Infringement Notice” refers to a formal notification made by an individual or entity claiming an unauthorized use of their intellectual property on the Website.
2.10. “DMCA” stands for the Digital Millennium Copyright Act, a U.S. federal law that provides guidelines for online service providers in case of copyright infringement claims.
2.11. “GDPR” refers to the General Data Protection Regulation, a regulation in EU law on data protection and privacy in the European Union and the European Economic Area.
3. Use of the website
3.1. The Website offers information about art exhibitions and related cultural events and allows users to discover and engage with the art community. Services offered include browsing and discovering art events, subscribing to newsletters, and participating in online forums or competitions.
3.2. You agree not to use the Website for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence and by way of example, you agree that you will not:
3.2.1. Undertake any action that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, or otherwise objectionable;
3.2.2. Jeopardize the security of your account or anyone else’s account (e.g., allowing someone else to log in to the Website as you);
3.2.3. Attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website or any of its content without our prior written approval;
3.2.4. Use any robot, spider, website search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without our prior written consent.
3.3. No joint venture, partnership, employment, or agency relationship exists between a User and The Italian Art Guide as a result of this Agreement or User’s use of this Website.
4. Handling of data
4.1. At The Italian Art Guide, we collect personal information through user registrations, newsletter subscriptions, social media engagement, and service payments. This information is used to provide and improve our services, send updates and newsletters, and process transactions. We base our data processing activities on several legal foundations under the GDPR, including consent (for newsletters and marketing communications), the necessity of fulfilling our service contract with you (for processing transactions and registrations), and our legitimate interest in engaging with and informing our community about art exhibitions and events. We are committed to respecting your rights under the GDPR, including your rights to access, rectify, or erase your personal data, and to object to or restrict processing. For any inquiries or requests regarding your data, please contact us at privacy@theitalianartguide.com.
4.2. We collect the following information personal data from you:
4.2.1. Full Name (not limited to first name, last name, middle name, given name, and/or chosen name)
4.2.2. Data of Birth
4.2.3. Gender
4.2.4. Full Address (including city and country)
4.2.5. Email address(s)
4.2.6. Mobile Number(s)
4.2.7. Phone Number(s)
4.2.8. Personal interests, preferences and hobbies
4.3. We collect personal information through the following methods:
4.3.1. User Sign-ups: When users register on our Website to access specific services or areas.
4.3.2. Newsletter Subscriptions: When users subscribe to our newsletter service, managed through a third-party platform, BREVO.
4.3.3. Social Media Engagement: When users interact with our social media platforms.
4.3.4. Service Payments: When users pay for services through our Website, using the payment gateway STRIPE.
4.3.5. Past Communications: Through emails provided to us by users in the past, for the purpose of receiving notifications about art events and services.
4.4. Handling of Data
4.4.1. We commit to protecting the privacy and security of our Users’ data. Personal information collected is used solely for the purposes stated at the point of collection, or as otherwise consented. Users have the right to access, rectify, or erase their personal data, restrict processing, object to processing, and the right to data portability.
4.5. Third-Party Data Processors
4.5.1. We engage with third-party service providers, including GODADDY.COM for Website hosting, BREVO for newsletter distribution, and STRIPE for payment processing. These third-parties are carefully chosen for their commitment to GDPR compliance and are only provided with the necessary information to perform their specific services.
4.6. In the event of a data breach at one of our third-party data processors, we will:
4.6.1. Notify the relevant supervisory authority no later than 72 hours after becoming aware of the breach, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals.
4.6.2. Communicate the breach to affected Users without undue delay if the breach is likely to result in a high risk to their rights and freedoms, outlining the nature of the breach, the likely consequences, and the measures taken or proposed to be taken to address the breach.
4.6.3. Work closely with the third-party processor to mitigate the effects of the breach and to prevent future occurrences, including a review of the third-party processor’s security measures.
4.7. By using our Website, users consent to the collection and use of their personal information as described. We will not use or share personal data beyond what is described in this Terms and Conditions of Service, without prior consent.
4.8. Exercising Your Data Protection Rights: At The Italian Art Guide, we are committed to ensuring the protection of your rights under the GDPR. If you wish to access, rectify, erase your personal data, restrict processing, object to processing, or exercise your right to data portability, please contact us at privacy@theitalianartguide.com. Upon receiving your request, we may ask you to verify your identity to process it securely. We aim to respond to all requests within one (1) month of receipt and will notify you if we require more time.
4.9. To safeguard your personal information, The Italian Art Guide has implemented robust technical and organizational measures. These include data encryption, strict access control policies to ensure only authorized personnel can access personal data, and secure data storage solutions. Our commitment to data protection by design and by default means we actively design our services to ensure privacy and employ regular security assessments to maintain our systems’ integrity and confidentiality. Our staff receives ongoing training on best practices for data protection and privacy.
4.10. Data Breach Notification: In the unlikely event of a data breach that poses a high risk to your rights and freedoms, The Italian Art Guide is committed to informing affected Users without undue delay. You will receive direct communication from us detailing the nature of the breach, the categories and approximate number of Users and records concerned, the potential consequences, and the measures we have taken or propose to take to address the breach, including efforts to mitigate its possible adverse effects. For more information or assistance regarding a data breach, please contact our Data Protection Officer at privacy@theitalianartguide.com.
5. Registration, accounts and passwords, and credentials
5.1. If you access the Website and undertake activities requiring registration, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer.
5.2. We encourage the use of “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account
5.3. You agree to accept responsibility for all activities that occur under your account. If you believe your account has been hacked or compromised, you must contact us immediately at ciao@theitalianartguide.com so we can block your account to prevent misuse and/or misrepresentation.
5.4. The Italian Art Guide may allow Users to register and login to our Website using third-party account credentials (e.g., Google Sign-In). By choosing to register or login using a third-party account, you are authorizing us to collect, store, and use, in accordance with our Privacy Policy, any and all information that you agreed the third-party could provide to us through their application programming interface (API). It is your responsibility to check your privacy settings in your third-party account to control what information is shared with us.
6. Intellectual Property
6.1. The Italian Art Guide recognizes the importance of intellectual property rights and is committed to respecting the Intellectual Property rights of artists, creators, and any third parties. The content available on the Website, including text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of The Italian Art Guide, its affiliates, or its content suppliers and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) are the intellectual property of Dobroslawa Nowak S.r.l. or its licensors. The Content is protected by copyright and other intellectual property laws. You may not use, reproduce, distribute, display, perform, or create derivative works from any of the Content without obtaining explicit permission from us.
6.3. Artists who share their work on The Italian Art Guide retain their copyright to the images and textual descriptions of their artwork. By posting content to the Website, artists grant The Italian Art Guide a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part) on the Website and on any other marketing material or platforms, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
6.4. Users may submit content to the Website, including comments, reviews, and participation in forums. By submitting content, users grant The Italian Art Guide a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media.
6.5. The trademarks, logos, and service marks (“Marks”) displayed on the Website are the property of The Italian Art Guide or other third-parties. Users are not permitted to use these Marks without the prior written consent of The Italian Art Guide or such third party which may own the Mark.
6.6. Users of The Italian Art Guide are responsible for ensuring that the content they upload, post, or otherwise transmit to the Website does not infringe upon the intellectual property rights of any third-party. Users should only upload content for which they have obtained all necessary permissions and rights.
6.7. The Italian Art Guide employs various measures to protect the intellectual property rights of its content providers and the Website itself. This includes monitoring the Website for potential infringement and pursuing legal action against unauthorized use or infringement of Intellectual Property rights.
6.8. Copyright Infringement (DMCA Policy): The Italian Art Guide respects the copyright of others and expects its users to do the same. It is our policy to respond promptly to claims of copyright infringement and comply fully with the provisions of the Digital Millennium Copyright Act (DMCA). Upon receipt of a notice of claimed infringement that meets DMCA requirements, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity, and to remove or disable access to any reference or link to material or activity that is found to be infringing.
7. Process for Reporting Intellectual Property Infringement
7.1. Step 1: Identification of Infringing Content
7.1.1. Locate the Content: The individual or entity claiming an infringement (the “Complainant”) must identify the specific content on the Website that they believe infringes their intellectual property rights. This includes providing URLs or other identifying information to locate the content easily.
7.2. Step 2: Prepare an Infringement Notice. The Complainant must draft a notice of infringement that includes the following information:
7.2.1. Complainant’s Contact Information: Full name, address, phone number, and email address (to allow for follow-up).
7.2.2. Description of the Infringed Work: A description of the copyrighted work or other intellectual property that has allegedly been infringed.
7.2.3. Location of the Infringing Material: URLs or detailed descriptions of where the alleged infringing content is located on the Website.
7.2.4. Statement of Ownership: A statement affirming that the Complainant is the owner of the exclusive right that is allegedly infringed, or a statement that the Complainant is authorized to act on behalf of the owner.
7.2.5. Good Faith Statement: A statement that the information in the notice is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.2.6. Physical or Electronic Signature.
7.3. Step 3: Submit the Infringement Notice
7.3.1. The Infringement Notice must be submitted by email to legal@theitalianartguide.com or via the Report a Copyright Infringement form on the website.
7.4. Step 4: Review of the Infringement Notice by The Italian Art Guide
7.4.1. Initial Review: Upon receipt, the Website’s designated agent or legal team should review the notice for completeness and validity. If the notice lacks required information, the Complainant should be contacted for clarification or additional details.
7.4.2. Investigation: Conduct a preliminary investigation to assess the merit of the infringement claim. This might involve comparing the content in question with the claimed Intellectual Property rights to determine if the complaint seems justified.
7.4.3. Action: If the claim is deemed valid, take appropriate action. This could involve removing or disabling access to the infringing material.
7.5. Step 5: Notification of Actions Taken
7.5.1. Inform the Complainant of the actions taken in response to their claim by email provided by the Complainant.
7.5.2. If content is removed or disabled, inform the provider of the content of the action taken, the reason for the action, and the possibility of counter-notification under applicable laws.
7.6. Step 6: Allow for Counter-Notification (if applicable)
7.6.1. If the content provider believes the content was wrongly removed or disabled, provide a clear procedure for them to submit a counter-notification. This must include similar detailed information as the original notice, stating under penalty of perjury that the content provider has a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
7.7. Step 7: Final Resolution
7.7.1. Reassessment and Action: Upon receiving a counter-notification, reassess the situation and decide whether to restore the content, based on legal advice and the specifics of the case.
7.7.2. Notification: Notify both the Complainant and the content provider of the final decision.
8. User Content
8.1. User may be able to upload or submit materials to the Website. The User warrants that they own all intellectual property rights in the uploaded content or have obtained all necessary permissions and the content does not infringe upon the intellectual property rights, privacy rights, or other legal rights of any third party.
8.2. User Content encompasses all forms of content, including but not limited to text, reviews, comments, images, videos, and links, that Users submit, post, display, or otherwise make available on any part of The Italian Art Guide Website, forums, or associated social media platforms.
8.3. By submitting, posting, or displaying content on or through “The Italian Art Guide,” Users grant the Website a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Website’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
8.4. Each User represents and warrants that:
8.4.1. They own or have the necessary licenses, rights, consents, and permissions to use, and authorize the website to use all Intellectual Property Rights in and to any User Content, and to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms and Conditions of Service.
8.4.2. Their User Content does not and will not: infringe, violate, or misappropriate any third-party’s rights, including but not limited to privacy rights, publicity rights, copyrights, or other intellectual property rights; or result in the violation of any applicable law or regulation.
8.5. User Content Standards:
8.5.1. We recognize and celebrate art as a profound form of expression that transcends mere aesthetics to include meaningful political, social, and cultural commentary. Art, in its myriad forms, serves as a mirror to society, often reflecting complex and multifaceted views that can challenge, inspire, and provoke. As such, it is understood that the art and content shared on The Italian Art Guide may engage with subject matter that is contentious, evocative, or objectionable to different groups of Users. These expressions are not merely to confront but to contribute to the ongoing dialogue that art initiates within society.
8.5.2. In sharing content on our platform, we encourage artists and Users to exercise their freedom of expression responsibly, keeping in mind the broad audience and the potential impact of their work. While we uphold the principle of artistic freedom, we also strive to maintain a respectful and inclusive community. Content that is shared on our platform should not aim to incite hatred, violence, or discrimination, but should be geared towards fostering understanding, appreciation, and critical reflection of the diverse worldviews that art can embody.
8.5.3. In navigating the delicate balance between artistic expression and community respect, The Italian Art Guide reserves the right to review and moderate User Content to ensure alignment with our platform’s values and standards. This may include, but is not limited to, providing context for works that engage with sensitive themes, implementing content warnings, or, in exceptional cases, limiting the visibility of content that may significantly harm the community’s well-being.
8.5.4. By participating in this vibrant community, Users acknowledge the potential for encountering art that challenges their perspectives and agree to engage with such content in a manner that is reflective, respectful, and constructive.
8.5.5. The Italian Art Guide reserves the right, but not the obligation, to review, screen, edit, or remove any User Content at any time and for any reason without notice. This includes User Content that, in the sole judgment of The Italian Art Guide, violates these Terms and Conditions of Service, might be offensive or illegal, or might harm, violate the rights, or threaten the safety of Users or others.
8.6. User Content posted does not reflect the opinion of The Italian Art Guide. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
9. Links to other websites
9.1. The Italian Art Guide may offer links to third-party web sites that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. The Italian Art Guide cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party web sites. The Italian Art Guide does not endorse any of the products or services offered in any third-party web sites. Further, The Italian Art Guide has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party web sites. Before proceeding with any interaction and/or transaction with any third-party web site, whether the interaction and/or transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever due diligence such User deems necessary and appropriate.
10. Use of third-party payment processing
10.1. The Website utilizes STRIPE as its exclusive third-party payment processor to facilitate financial transactions for services offered. By electing to purchase through the Website, Users agree to the processing of payments through STRIPE, acknowledging that:
10.2. All financial transactions conducted on the Website for the purchase of services, artworks, or any other offerings will be processed exclusively through STRIPE.
10.3. Users must agree to STRIPE’s terms and conditions and privacy policy, which govern the processing of all payment transactions.
10.4. The Italian Art Guide does not store, process, or have access to the Users’ credit card information and/or other banking information. All payment data is handled and secured by STRIPE, in accordance with their security protocols and privacy policy.
10.5. In compliance with the General Data Protection Regulation (GDPR), The Italian Art Guide is committed to ensuring the protection and privacy of Users’ personal data. Regarding payment processing:
10.5.1. Personal Data Sharing: Necessary personal data required for processing payments, such as name, address, and payment information, will be shared with STRIPE to the extent required for completing transactions.
10.5.2. Data Protection Compliance: STRIPE, as a third-party service provider, is compliant with the GDPR and other relevant data protection laws. STRIPE is responsible for implementing appropriate security measures to protect personal data processed during payment transactions.
10.5.3. User Rights: Users have the right to access, correct, delete, or restrict the processing of their personal data handled by STRIPE, in accordance with GDPR provisions. Users wishing to exercise these rights should direct their requests to STRIPE, as detailed in STRIPE’s privacy policy.
10.6. The Italian Art Guide disclaims all liability for any issues, disputes, or damages resulting from the processing of payments by STRIPE, except to the extent such liability cannot be legally excluded. Users are encouraged to contact STRIPE directly for any concerns related to payment processing issues.
11. Disclaimers
11.1. While The Italian Art Guide endeavors to provide accurate and timely information, the information available on this website may include inaccuracies or typographical errors. Moreover, The Italian Art Guide may make modifications and/or changes in this website or in the information available on this website at any time, for any reason. You, the User, assume the sole risk of making use of, and/or relying on, the information available on or through this Website. The Italian Art Guide makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information available on or through this Website for any purpose. Such information is provided on an “as is” and “as available” basis without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
12. Website access and termination
12.1. This Website is controlled and operated by Dobroslawa Nowak S.r.l. from its offices within Italy.
12.2. The Italian Art Guide makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal is prohibited.
12.3. Those who choose to access this Website from other locations do so of their own volition and are responsible for compliance with applicable local laws.
12.4. The Italian Art Guide reserves the right at any time and for any reason to deny the User access to the Website.
13. Limitation of liability
13.1. Dobroslawa Nowak S.r.l. and The Italian Art Guide and its affiliates, including directors, employees, agents, suppliers, or partners, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third-party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
13.2. Payment Transactions: The Italian Art Guide shall not be liable for any issues, disputes, or damages arising from the processing of payments by third-party payment processors, specifically STRIPE, to the extent allowed under applicable law. Users are encouraged to review STRIPE’s terms and conditions and direct any payment-related inquiries or disputes directly to STRIPE.
13.3. Content and Art: While The Italian Art Guide endeavors to provide a platform for authentic and quality Art and User Content, it does not guarantee the accuracy, integrity, or quality of Content uploaded by Users or artists. The liability for any copyright infringement, objectionable content, or any damage resulting from the consumption of such content lies solely with the content creators or uploaders.
13.4. External Links: The Italian Art Guide may contain links to external sites that are not operated by us. You acknowledge and agree that we are not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not necessarily investigated, monitored, or checked for accuracy or completeness by us.
14. Indemnification
14.1. You agree to defend, indemnify, and hold harmless Dobroslawa Nowak S.r.l., The Italian Art Guide, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
14.1.1. Your use of and access to the Website, including any data or content transmitted or received by you;
14.1.2. Your violation of any term of these Terms and Conditions of Service, including without limitation your breach of any of the representations and warranties above;
14.1.3. Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights;
14.1.4. Your violation of any law, rule, or regulation of any country, which you may be required to abide by;
14.1.5. Any claims or damages that arise as a result of any of your User Content or any content that is submitted via your account; or
14.1.6. Any other party’s access and use of the Website with your unique username, password, or other appropriate security code.
15. Events beyond The Italian Art Guide’s control
15.1. Users expressly absolve and release The Italian Art Guide from any claim of harm resulting from a cause beyond The Italian Art Guide’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
16. Changes to Terms and Conditions of Service
16.1. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions of Service at any time. Please check these Terms and Conditions of Service periodically for any modifications, amendments and/or changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
16.2. The date of last revision of the Terms and Conditions of Service is mentioned at the top of this page.
17. Severability
17.1. If any part of these Terms and Conditions of Service is determined to be invalid or unenforceable (either by an arbitrator or by court of competent jurisdiction), then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions of Service shall continue in effect.
18. Privacy Policy
18.1. Please see The Italian Art Guide’s Privacy Policy for a summary of The Italian Art Guide’s practices regarding the collection and use of personal information. The Italian Art Guide’s Privacy Policy is available on the Website.
19. Governing law
19.1. These Terms and Conditions of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Italy. The Italian Art Guide is committed to adhering to the highest standards of data protection and intellectual property rights protection.
20. Cross-border disputes
20.1. In recognition of our global user base and the international nature of our online platform, we acknowledge that disputes may sometimes arise across jurisdictions.
20.2. The Italian Art Guide is dedicated to resolving such disputes promptly and efficiently. For disputes arising under the General Data Protection Regulation (GDPR) or related to intellectual property rights that cross national boundaries, we aim to engage in dispute resolution mechanisms that are fair, transparent, and accessible to all parties involved. This may include mediation, arbitration, or other forms of dispute resolution, taking into account the principles and protections afforded by the GDPR and international Intellectual Property law standards as guided by the World Intellectual Property Organization (WIPO).
20.3. For any concerns or disputes related to your use of The Italian Art Guide that may involve cross-border considerations, please contact our legal department at legal@theitalianartguide.com. We are committed to working with you to reach a resolution that respects your rights and complies with applicable laws.
21. Contact information
21.1. For any questions or comments regarding the Terms and Conditions of Service, please contact The Italian Art Guide at ciao@theitalianartguide.com.
22. Entire agreement
22.1. These Terms and Conditions of Service, along with The Italian Art Guide Privacy Policy, which is integrated herein by reference as though fully detailed within, constitute the complete and exclusive understanding between the User and The Italian Art Guide regarding the User’s engagement with and the material accessible on or via this Website.
22.2. This Terms and Conditions of Service supersedes all previous discussions, agreements, and representations—whether digital, spoken, or written—between the User and The Italian Art Guide concerning this Website. All rights not explicitly granted in this Terms and Conditions of Service are reserved.
