TERMS OF SERVICE
By using this web site you agree to these terms of use. If you do not agree to these terms of use, please do not use this web site. The proprietor and organiser reserves the right, at his discretion, to change, modify, add, or remove portions of these terms at any time, as well as adding or removing users of the website whether they be paid-up members or free users. Please check these terms periodically for changes. Your continued use of the web site following the posting of changes to these terms will mean you accept those changes even if the changes to terms occurred after you joined.
USE OF MATERIALS
Unless otherwise noted, all materials inserted in
www.celesteprize.com or
www.premioceleste.it www.celesteartprize.co.uk and
www.celestekunstpreis.de (hitherto called web sites or web site) by registered users, including, but not limited to, texts, images, illustrations, designs, icons, photographs, and videos are protected by copyright and either owned by the registered user who inserted the content, or controlled or licensed by the Associazione Culturale L’Albero Celeste and Steven Music (hitherto called the ‘Organiser’). Web site users which include artists allow the Organiser, the right to use images of those art works submitted to create prize catalogues, use in Celeste Prize archives and Web sites, and in any form of communication chosen by the Organiser and its franchised organisations. In particular, artworks presented in any of Celeste's Prizes or special 'Exhibitions' as entries permitted under the 'Prize' membership title, will remain visible online as part of the complete visual documentation of each prize or exhibition submission and cannot be removed. All photographic material, CDs, DVDs, the CV and any texts or catalogues submitted for the prize or to the web site for insertion will not be returned, but archived by the Organiser. No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way without permission either from the user who inserted the content or the Organiser. If you wish to create a link to the Web sites, you may do so provided you inform the Organiser and agree to cease such a link upon request from the Organiser.
RESPONSIBILITIES FOR CONTENT
Those persons who upload text, images, or videos onto prize Web sites, and/or those persons who upload on behalf of participating artists, are personally responsible for the texts and for the visual content of the uploaded images. The Organiser reserves the right to remove any defamatory, libelous, or obscene texts or images which might violate rights of any party or give rise to liability or violate any law, unless these are motivated in writing by the artist.
CHILDREN & MINORS
The Web sites are directed to adults over the age of 18 years old. The Organiser cannot prohibit minors from visiting the Web sites. Parents, guardians and those persons responsible for supervising children and minors must decide which materials are appropriate for such children.
MEMBER ACCOUNT
If you register as a user of these web sites, you will choose your member name and receive a password, which you can change, which are unique to you. You are responsible for maintaining the confidentiality of the member name and password, and responsible for all activities that occur under your member name and password. Members must reveal their true identity by compiling their name and surname in the given registration boxes, those members wanting to disguise their name can do so by filling in the box 'psuedonym' an alternative name which will appear on the website - failure to insert one's name and address on registration could result in the registrar not being considered am entitled member of Celeste. Your right to use these web sites is not transferable. Any password or right given to you to obtain information is not transferable to another individual or organisation. The Organiser reserves the right to cancel any member account and its contents (images of artworks, candidate works to prizes, texts, videos, etc.), without warning or reimbursement of membership fee, if he deems the member's behaviour online to be offensive, difamatory, obscene or irregular to the normal conduct of this online community - the interpretation of this conduct will be the Organiser's sole interpretation.
COMMUNICATION BY MEMBERS & USERS
Users shall remain solely responsible for the content of their communications (see ‘Responsibilities for content’). The Organiser has the right, but not the obligation, to monitor and edit or remove any communications and content, or in violation of the above change the status of users' membership.
Communications every 24 hours:
- 'Prize' and Artist 'Plus' members : unlimited private messages, public comments, friendship requests and use of all interactive functions available.
- 'Plus' members: maximum of 10 private messages, 10 public comments, 30 comments to artwork, unlimited friendship.
- 'Guest' members: 1 communication to a friend, maximum of 3 friendship requests a day.
Communications must be related to artwork, events or people, and not advertising. To make public comments on the pages of fellow members or users it is necessary to become friends. If members choose to ustilise communication tools including the 'Share' button to other networks provided by the Organiser at a fee or free, you do so consenting the Organiser to distribute the contents or links via this service at your liability.
COMMUNICATION BY CELESTE TO MEMBERS & USERS
Members and users who accept to receive periodic, information newsletters from Celeste when they sign up, do so accepting to receive service communications, Parnters' Newsletters, and CMailings. All members and users are at liberty to opt out of receiving newsletters in the future by informing the Organiser of their desire to unsubscribe.
PRIVACY
Registration data and certain other demographic information about you are subject to the Organiser’s privacy policy. We respect your privacy. Information relating to Italian law: art.13 D.lgs. 196/2003 – Your personal data will be used to send you the information you have requested. Data may be utilised in electronic transmission. Giving data is optional, but avoiding to do so may result in you not receiving information you requested. In our communications we will not reveal your personal data to third parties, sell this data to third parties, other than use it in those ways permitted by law. The content of any visible data onsite, which includes personal data, which users choose to upload are their responsibility and cannot be consdered as an enfringement of users' privacy by the Organiser. All data and images uploaded onsite are given to Steven Music, who is responsible for its treatment alongside the Associazione Culturale L’Albero Celeste, via Sangallo 23, 53036 Poggibonsi (Siena), Italy (legal representative Steven Music). Implicit in your request for information and participation in the activities provided by Celeste Prize and Premio Celeste web platforms is your acceptance and your understanding as to how, why and in which ways your personal data will be used, and rights relating to art.7 of the above mentioned governmental decree.
INDEMNIFICATION
You agree to indemnify, defend and hold the Organiser harmless from any liability, loss, claim and expense, including reasonable lawyers fees, related to your violation or alleged violation of this agreement or use of the Web sites.
JURISDICTION
The Web sites are the property of the Organiser, and are operated from offices in Italy. The Organiser makes no representation that contents uploaded by users on the web sites are appropriate or available for use in other locations. Those who choose to access the web site from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or content under any or all jurisdictions and the compliance of that information or content with local laws, if and to the extent local laws are applicable. All users, including those users who access the Web site from a country other than Italy, agree that the laws of Italy shall govern any dispute, including those arising from the Organiser’s use of personal information or otherwise relating to privacy, as specified in the ‘Privacy’ policy (see ‘Privacy’ page in Web sites).
DISCLAIMER
The Organiser, including its officers, directors, employees and agents, is not responsible for any incorrect or inaccurate content posted on the Web sites, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the web sites whether online or offline. The Organiser assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. The Organiser is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the web sites. Under no circumstances shall the Organiser be responsible for any loss or damage resulting from anyone's use of the web sites or events related to the Organiser work offline, and/or any content posted on the web sites or transmitted to the Organiser. The Web sites and offline art projects are provided "AS-IS" and the Organiser expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Organiser cannot guarantee and does not promise any specific results from use of the web sites.
LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will the Organiser be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use the Web sites, even if the Organiser has been advised of the possibility of such damages. You further agree to hold the Organiser, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, The Organiser’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Organiser for the service during the term of membership.
NOT LEGAL ADVICE
The content contained on the Web sites has been prepared by The Organiser as a service to its members and the Internet community and is not intended to constitute legal advice. The Organiser has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Web site. Users of information from the Web site or links do so at their own risk.
OTHER PRODUCTS
Any reference made by the Web sites to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favouring by the Organiser. Content on the Web sites may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of the Organiser.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that the Web sites contain links to outside services and resources, the Organiser does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
The Organiser – Steven Music.
Associazione Culturale L’Albero Celeste
30 April 2010
