Gallerist App: Terms and Conditions of Service
Gallerist is a platform that provides its registered users a service that allows them, uploading, downloading, sharing and trading of digital content, such as pictures and videos of user ownership and organized by them in galleries (hereinafter, the “Contents”). It is worth noting right now that Gallerist does not own any content uploaded by users, nor exercise any control over them.
1 CONTENT AND FUNCIONING OF THE PLATFORM
1.1 Gallerist is a platform that allows its users, after registration, upload and download digital content, such as images or video accompanied by short descriptions.
In particular, users will have a choice:
– as Users “Sellers” to grant their own contents under license to other registered users or less, on payment of its license fee;
– as Users “Buyers” to purchase the license to use the content uploaded behind the payment of a fixed price in “buy now” or with a bid in the “Auction mode”.
All users, including unregistered, can have free access to the content posted by Users in the “Sellers” “Showcased” platform.
1.2 Gallerist does not claim ownership to any contents title sold or purchased through the platform, does not transfer the ownership thereof from seller to buyer, plays no role and is not involved in the sale that takes place between users.
1.3 In particular, each user can upload their content on the platform by organizing them into galleries, and may decide to publish them, making use of the space made available by Gallerist, choosing one of the following ways:
a) “Showcased” means the registered user uploading the content will decide to make it visible to anyone who accesses the platform, whether or not the latter registered user. In this case, the user is not registered in any event, not the ability to download content, without creating an account Gallerist;
b) “Direct selling” or “buy now”: the user will be able to put on sale the license to use the posted content, describing it briefly and establishing beforehand a number of parameters, such as price, license type and its duration. In this case, only registered users will have the opportunity to view and purchase their contents;
c) “Auction“: the user will be able to put on sale the published content, describing it briefly and establishing beforehand a number of parameters, such as the starting price of the auction, the type of license to use the content and its duration, the time within which the auction is closed. The user, choosing this method of sale, it will no longer remove the published content and object of the auction. If the auction were to close in the absence of deals, you may again have the content. In Auction mode, only registered users will have the ability to view and make offers to buy their contents.
Images uploaded by users according to mode b) and c) may be viewable with limitations that inhibit unauthorized download and play (eg. in degraded mode).
1.4 When the user creates or loads a content and decides to put on sale its license, according to the “Auction” or “Buy Now”, you will have the option to choose the license to use the content, including any of the following types:
a) License for no-commercial use: the license will be granted on an exclusive/non-exclusive, indefinite/fixed period, worldwide. The content can be used only for non-commercial purposes, and you cannot create derivative works;
b) License for non-commercial use and derivative works: the license will be granted on an exclusive/non-exclusive, indefinite/fixed period, worldwide. The content can be used only for non-commercial purposes, and you can create derivative works;
c) License for commercial purposes: your license will be granted on an exclusive/non-exclusive, indefinite/fixed period, worldwide. The content can be used even for commercial purposes, and you cannot create derivative works;
d) License for commercial purposes, derivative works: the license will be granted on an exclusive/non-exclusive, indefinite/fixed period, worldwide. The content can also be used for commercial purposes, and you can create derivative works;
1.5 When the user creates or loads, in a Showcased mode, will grant the same content a non-exclusive, perpetual, worldwide, and will use the same even for commercial purposes.
1.6 The user creating the content may decide to provide guidance as to the place where photo was taken, using geolocation tool.
1.7 Content uploaded on the platform, will be marked by Gallerist, using a watermark (digital brand), visible or invisible, that will help you recognize the author and/or the rights on the contents made available to users.
1.8 Once completed the sale of the contents and the payment of the actual price of the same, the user will be able to freely dispose of purchaser contents transaction object, without watermark (digital brand), according to the terms of the license for the content.
1.9 The user who wants to sell the license of a content, could receive some directions from the platform. These guidelines will be based on the purchasing decisions of certain content, previously made. The results may vary for each individual search. Always with a view to improving the sales experience, ads may not appear in some search results regardless of the display policy chosen by the purchaser.
1.10 The outcome of the conclusion of the purchase of the license to any content, Buyers Users can release a feedback about Seller users, using the functionality available on the platform Gallerist.
1.11 Gallerist reserves to organize special contest dedicated to Seller users registered with the platform, independently or with the assistance of its sponsors and partners. The holding of the contest and the awarding of premiums shall be governed by special regulations published on the platform.
2 CONCLUSION OF THE AGREEMENT AND THE USER’S ACCOUNT
2.2 The email that will be provided by the user upon registration, will become the main channel to deliver and receive messages both by Platform and by others. In this regard, it is not excluded that such contact will be made to other users in order to facilitate the provision of the same service.
2.3 The service is available only to people who are at least 18 years of age.
2.4 This account is strictly personal. The user may not under any circumstances use the account owned by a third party to use the services offered by Gallerist and will not to sell or give their credentials choices when activating your account. In any case, the registered user shall be deemed to be solely responsible for any activities that will be carried out through your account password protected personal and supplied by the user upon registration. The user, should you experience breaches or unauthorized use of your credentials and account, must notify immediately to the owner, who will carry out the appropriate investigations and to take appropriate measures, including the disabling of account if necessary. The communication can be done through the email address email@example.com, or by writing to APP TIME Soluzioni Digitali S.r.l., Via Groenlandia n. 5, 00144 Roma.
2.5 The user, once registered, to be able to upload their own content will be able to enter all the information required by the platform.
2.6 If user has registered a business account, the same guarantees that he has the authority and the power to legally represent the company or the person who owns the account. If the user uses the platform to carry out any other business shall comply with applicable laws relating to online sales.
3 USER OBLIGATION
b) not to engage in any conduct that could be prejudicial to Apply Platform, services and/or that may prejudice and/or limit the use of the same by other users;
c) not to disable, circumvent or otherwise interfere with the protective measures arranged with respect to the use of the services or content contained on the platform provided by Gallerist or by others users;
d) to grant the Gallerist Platform, a nonexclusive, royalty-free, worldwide, irrevocable and for indefinite period, on content uploaded or posted, in order to allow the Platform to correctly provide the service;
e) not to engage in any business conduct and/or promotional purposes, for profit or by third parties, outside the object of the service platform;
f) not to engage in any conduct, including sale or posting content, which is in violation of rights of third parties, whether or not users, including, without limitation, intellectual or industrial property rights, the right to a name and the image, the right to confidentiality of personal data;
h) to pay for your purchases, according to the procedures set out in the platform;
i) not to manipulate the price of content offered for sale, including a simulated auction raises, or to interfere with other user’s listings;
j) not to post comments or false, incorrect, misleading information, defamatory or libelous;
k) not provide false Feedback aimed at destabilizing the system prepared by the platform;
l) not to transfer the username and password and your account Gallerist to third parties;
m) not to publish, even in the spaces accorded to describe content, spamming, chain letters or pyramid sales schemes;
n) not use any contact information of other users that will be made known, for purposes other than the conclusion of a specific transaction on the platform as a Gallerist, but without limitation, the use of such information to send you advertising materials directly to other users, unless they have given their express consent to receive such materials;
o) not to distribute viruses or any other technologies aimed at damage directly or indirectly the platform, its services or other users;
p) not use any type of automated means to access the services for any reason, and not to make an unreasonable and disproportionate infrastructure overhead interfering, inter alia with the services rendered;
q) not copy, modify or distribute rights or content of the platform site, users or services or violating the intellectual property rights and trademarks of Gallerist;
r) not copy, reproduce, decompile, modify or create derivative works from the content on the same platform Application Gallerist or published without the prior authorization of Galleristor of third parties;
s) not commercialize any application that imitates or provide one or more of the services provided by the platform;
t) to comply with applicable laws and regulations, sales, purchase and sale of content internationally.
3.2 The owner reserves the right to adopt, at its sole discretion, in the event of a breach of any of the above, the measures it deems necessary, which could consist either in immediate suspension and/or cancellation of your account, that in removing the Content uploaded by you onto the platform as per section 6.2.
3.3 The platform also reserves the right to cancel unconfirmed accounts or inactive for a long time.
4 TERMS OF PAYMENT
4.1 Creating an account on the platform Gallerist is free of charge.
4.2 However, the Seller User who decides to give license to use his content, with the acceptance of these general conditions of use, grants to the Supplier the right to withhold a percentage equal to 18,00% on the entire amount realized from the sale through Paypal or other payment system, in consideration for the service provided, in addition to the expenditure related to transaction.
4.3 Supplier reserves the right to change the rates for use of the services by giving notice 14 days before the validity of the change. In the event that the User does not intend to accept the new rates, will have to close the account before that period.
4.4 If you are a business User, you commit to issue the documents required under the applicable tax laws.
5 USE OF CONTENTS
5.1 Any content made available to users by a platform, also for the purpose of proper provision of the service, such as logos or trademarks are the exclusive property of the supplier, or have been licensed to the latter by license from its licensors; such content must therefore be deemed protected by the existing legislation on copyright and industrial property rights.
5.2 The user, as holder of Gallerist account, through the services has the ability to create, upload and share with other users of the platform own content ( photos, videos, galleries), and any comments on description of them. You understand that by uploading and sharing content will be viewable by other users of the platform and cannot therefore be regarded as confidential. Also becomes aware that through the services will be visible content or materials uploaded by him or others, and that the content could be considered inaccurate, offensive, indecent, or objectionable, renouncing, even now, to bring any lawsuit or remedy against the holder.
5.3 The Supplier will not purchase in any way the ownership of user submissions.
5.4 The user will be able to download the contents of which become legitimate licensee, following their award through one of the modes of operation of the service offered by Gallerist platform: “Direct selling”, “Online Auction”.
5.5 The user, by uploading their content on the platform Gallerist, represent and warrant that:
a) to be the sole owner of the uploaded content and/or have the necessary licenses, rights and clearances for publishing and syndication, even if they were to get involved third parties;
b) that the content uploaded by applying the platform does not violate third party personal or economic rights such as but not limited to moral rights, image rights, honor, decency and/or reputation and/or confidentiality, copyright, data protection rights, nor transmit child pornography or content inciting hatred, violence or discrimination or otherwise contravene the law or public order;
c) that the loaded contents are consistent with the purposes of the service and not consist of broadcast advertising, proselytizing activities; sending viruses, malware, or other files that may violate and/or threat to the security and integrity of information systems and the devices used to access the services.
5.7 You shall be solely responsible for the content uploaded through your account and any responsibility and consequences that will result from sending and/or sharing them on the platform.
5.9 If you elect to sell the contents in “direct selling”, you may remove content at any time. Unlike in the case of Auction mode, you agree to maintain the content in that state during the time determined in advance and you may remove the content only as long as there is not a request to purchase or bid by other users of the platform.
5.10 Once removed the content, supplier or other users, will see more content through the services. The user is aware that content shared with others may have been copied and reproduced by third parties for purposes and in ways places outside the sphere of control of the Supplier. The latter cannot therefore ever be held responsible for any use of your content by third parties both before and after their removal from the platform.
6 DISSOLUTION, SUSPENSION OR CLOSURE OF ACCOUNT
6.2 The Supplier may adopt these measures without prior notice in the event that:
– the user has made defaulting with reference to what is stated in art. 3;
– the user has received a number of negative feedback such as to compromise its reliability;
– a user has taken actions that may lead to problems or legal liabilities for Gallerist or others users;
– Gallerist has grounds for suspecting that the user is violating the rights of third parties, having received one of the warning referred to in article 7.
7 NOTIFICATION OF INFRINGEMENT OF THIRD PARTY RIGHTS, SUSPENSION OR REMOVAL OF CONTENT
7.1 If the user or any third party should observe a violation of their rights, having regard to – without limitation- intellectual or industrial property rights, the right to a name and image, as well as, the right to proper treatment of personal information, or which offend morality, another’s honor or reputation, they can report the abuse by using the appropriate function next to content provided by the Supplier, or by sending to the address firstname.lastname@example.org, a violation notice.
In this case, the Supplier, received the abuse report with respect to the content uploaded by a user may, at its sole discretion, take action to suspend immediately the content uploaded by you onto the platform.
7.2 For the reliability of the notification the user must provide, at the request of theSupplier, with at least the following information:
a) The identification of works and/or material announced, with the contextual indication of information necessary for their easy identification by the owner;
b) The identification of rights which assume violated, accompanied by the presentation of documents proving the actual ownership of rights;
7.3 The Supplier may transmit the acknowledgment notice, to the user concerned by the reporting, which will have ten days to submit their comments to the address indicated at point 1.
7.4 In case the notification does not appear manifestly unfounded the Supplier reserves the right to suspend, under conservative, even prior to receipt of the comments, the publishing content at the time of final settlement of the dispute
7.5 . If such observations are not received, or are insufficient, the Supplier shall have the right to remove content and possibly take action to obtain compensation for damages.
8 DISPUTES IN TRANSACTIONS BETWEEN USERS
8.1 The transactions between users carried out on the platform were completed, managed and governed exclusively between them.
8.2 If during a transaction arose a dispute between users, Gallerist – following a report of the user – can all relevant decision, including the suspension of payment of the amount cashed, to the taxable seller.
9 WARRANTIES AND INDEMNITIES
b) by fault or negligence of the user submissions, even if the same affect the rights of third parties or other users;
c) by uploading or access to the contents and use of the services;
d) the unauthorized use of your account and credentials;
f) from infringement of intellectual or industrial property rights of third parties or other users;
g) by publication of defamatory and offensive or illegal;
9.2 Gallerist tries to maintain the secure services and working properly, but cannot guarantee the continuous operation or continuous access to services. Offers, updates and other features of notification services of Gallerist, may not work in real time because they often depend upon delays beyond the control of Gallerist.
9.3 The Supplier will not be in any case responsible for damages resulting from:
1) any interruption or cessation of transmission service;
2) by the presence of bugs in the application platform, viruses or malware;
3) the consequences, whether these losses or lost profits relating to suspension and/or account termination or suspension and/or removal of content and/or the use of or inability to use by the user of the services and pricing information.
10.1 At any time the Supplier is free to edit the content and functionality of its services, as well as terminate the provision of the same without the user can lay no claim against Gallerist.
10.2 The Supplier also reserves the right to suspend the provision of services for maintenance/upgrade; in such cases the user will be informed in good time of the planned interventions.
10.4 It is understood between the parties that the amendments will not have any effect on relations meanwhile already completed.
11 TERMINATION AND DURATION OF THE RELATIONSHIP
11.1 The relationship between the Supplier and user means indefinitely, unless the termination under the following provisions and without prejudice to ongoing transactions anyway.
11.2 The User-Buyer shall be entitled to request the User off of the service at any time by switching on the “user profile” section of own account. Disabling the service will result in the immediate closure of the account and, since that time, the user will be prevented all access to content contained in the account, that will be promptly removed. It is good therefore unload the purchases before request the deactivation of the service.
11.3 The User-Seller shall be entitled to deactivate the service at any time by accessing the “user profile” section of own account. However, the various hypotheses will be different depending on whether the user seller has Content for sale in one of the following ways:
– Buy now: your request to deactivate the service will result in the immediate termination of your account and removal of any content contained in the user’s profile, without prejudice in any case the transactions for which you have already been payment;
– Auction: your request to deactivate the service and the closure of the account with removing any content from the user’s profile, cannot be accepted as long as the auction is not finished.
– Showcased: your request to deactivate the service, will not remove the content uploaded on the platform.
12.2 The contents which hyperlinks refer are in no way sponsored, shared or supported by the owner unless otherwise by the context.
13 APPLICABLE LAW AND JURISDICTION
13.2 The user accepts the jurisdiction of the Court of Rome, without prejudice to its right to act in its capacity as consumer before the Court of the place in which it is resident.
14 POLICY PRIVACY
15.1 Gallerist and its users shall act in full autonomy and independence. This agreement does not arise between them any partnership, agency, association, intermediation or employment. The agreement between the parties is not intended to create a relationship of agency, joint venture, association or, by virtue of the agreement, the user is authorized to act on behalf the Supplier.
15.2 Given the condiction strictly personal of user account, it is expressly forbidden the latter to assign the agreement or the rights and obligations arising therefrom.
15.3 This act and those in which it refers, represent the entire agreement between the Supplier and the user, surpassing any previous agreement, whether oral or written.
16 ACCEPTANCE OF TERMS AND CONDITIONS
16.1 I have read and agree to all the terms and conditions included in the “GALLERIST – TERMS AND CONDITIONS” document.
In accordance with art. 13 of the privacy code (Legislative Decree June 30, 2003, n. 196) we wish to inform you about the logic, methods and purposes of the processing of your personal data as part of the Services that are provided to you through the platform Gallerist.
Data Controller is App Time Digital Solutions S.r.l. in the person of its legal representative pro tempore, with registered office in, Via Groenlandia n. 5, CAP. 00144, Roma, P.IVA 13963641009, email email@example.com.
Data collection and purpose of processing
The data required at registration and marked by asterisk, including personal details and contact information are required to complete the sign up process and for the use of the required services; without providing such data, you cannot use the services provided by Gallerist.
You may register by linking your account Gallerist to one of your profiles on social media. These social may authorize Gallerist to automatically access certain personal information in their possession. As a user, you have the faculty to check personal information that allow access through privacy settings available in social media.
– Facebook: https://it-it.facebook.com/about/privacy
– Twitter: https://twitter.com/privacy?lang=it
Consultation services, publication and sale of images and video provided through the platform lead to the necessary treatment from our company to some personal data that interest you (i.e. those relating to equipment used, with information about the selected payment instruments to the content published or acquired, the opinions expressed by users).
The provision of the services by Gallerist could result in receiving directions from the platform. These guidelines will be based on the purchase or sales of content choices previously made. You will have at all times the right to pursue opposition to such processing by contacting the owner at the address APP TIME S.r.l., Via Groenlandia 5, 00144 Roma, or contacting the e-mail address firstname.lastname@example.org. The exercise of this right may prevent you from continuing to use the services offered by the platform Gallerist.
By using the services offered by Gallerist Application, you can at any time decide to take advantage of geolocation services. Remember how most mobile devices allows to control or disable the use of location services by applications installed via the menu in the settings. If you decide to take advantage of geolocation service, Data Controller may treat the location data.
To treat your data we need your express consent, without which we will not be able to provide you with the requested service. During the execution of the contract we will also acquire more closely related and pertinent data with the provision of the required services (data in reports, complaints, etc.), and implement systems for verifying that users do not impair the working mechanism of the Platform, including by monitoring private messages between them.
Without your express consent we may use your email address to send you marketing communications relating to our services and promotions, discounts and special offers reserved for you; at any time you can opt-out of receiving these communications by following the steps within each communication or by sending an email to the following address: email@example.com.
With your express consent, we may also use your telephone number and the address for marketing purposes, including sending advertising or promotional material, the delivery of commercial offers and carrying out research and market surveys.
The processing of your data is finalized:
a) the provision, management, supervision of services provided through the application Gallerist as described in the terms of service, and in particular aiming at the improvement of such services by providing our registered user customized experiences;
b) to inform by email users on new initiatives or related commercial deals with the services already used;
c) to contact you to resolve issues with your account and any disputes with third parties, or to collect fees or monies due, or ask for feedback on the use of the application;
d) the fulfillment of obligations under applicable laws, regulations and Community legislation, as well as provisions given by authorities legitimated by law and supervisory organs, providing data and assistance in investigations;
e) the fulfillment of terms and conditions by the user;
f) to send commercial information only after express consent from the user.
Methods of data processing
The data will be processed manually or with the help of electronic means, after taking all security measures required by the data protection act to avert the risks of unauthorized access, theft, accidental data loss or unauthorized treatments.
In any case the data will be processed and securely comply with the minimum security measures prescribed by the privacy code (Legislative Decree 196/2003).
Scope of communication and dissemination of information
For the purpose of proper provision of services, our company will spread on the platform the following data about you:
– user name and image associated with profile;
– images uploaded by you onto the platform.
Please note that the published data on the platform in the “Showcased” can also be viewed by unregistered users.
In order to provide the requested service, we will share with interested users the data necessary for the proper execution of the transactions.
For performance of the contract, we may also use third-party collaboration, for example for maintenance of computer systems, transactions and payments through the platform, etc…
These individuals may have limited access to some personal information for the purpose of performing these tasks on our behalf and under our direct control, with the obligation not to divulge such information or to use them for other purposes. Where appropriate, such persons may be appointed as data processors and/or system administrators.
In case of assignment or lease of our company, as well as in the event of a merger, merger or Division of our company, your information may be disclosed to buyers or tenants of the undertaking or to persons resulting from mergers, merger or scission, in order to allow the continuation of the relationship.
In order to ensure the correct processing of your data, we will be able to locate one or more subjects, even outside of our company, such as data controllers in accordance with art. 29 of the data protection code. You can request at any time the complete list of data processors from time to time be appointed by our company by sending a request to the address shown above.
You may exercise your rights at any time your rights in accordance with art. 7 of the privacy code (Legislative Decree 196/2003), which for your convenience below:
“1. The interested party has the right to obtain confirmation of the existence or otherwise of personal data concerning him, even if not yet recorded, and their communication in intelligible shape.
” 2. The interested party has the right to obtain the indication:
“a) the origin of personal data;
” b) purposes and methods of processing;
“c) the logic applied in case of treatment effected with the aid of instruments”;
“d) the identity of the data controller, data processors and the representative designated pursuant to article 5, comma 2;
” e) subjects or categories of subjects to whom the personal data can be communicated or who may come to acquaintance in quality of representative designated in the territory of the State, managers or agents.
“3. The interested one has straight to obtain:
” a) updating, rectification or, when interested, integration of data;
” b) the deletion, transformation into anonymous form or blocking of data processed in “violation of law, inclusive those of which not the maintenance is necessary in relationship to the purposes for which the data were collected or subsequently processed;
“c) certification that the operations in letters a) and b) have been brought to knowledge, also as regards their content, to those to whom the data have been communicated or diffused, excepted the case in which this fulfilment is impossible or involves a manifestly disproportionate to the protected right.
“4. The interested has the right to object, in whole or in part:
“a) for legitimate reasons the processing of personal data concerning him, even if pertinent to the collection purpose;
” b) the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.”
The opposition to the further processing of your data may also affect only the processing for marketing purposes.
To exercise your rights, you can contact us by regular mail at our office or contact us at the following email address: firstname.lastname@example.org.
Your data will be stored at our data centers located in Italy and will not be transferred outside the European Union.
The data will be kept until your account is activated in order to provide the requested services. We will keep your information even after only if this is necessary to perform the contract (for example, for billing purposes), to comply with law, to protect our rights, resolve disputes with customers or with third parties; your data will not be kept longer than necessary to meet those needs.
If you have provided your consent for marketing activities, we will use your details for a further period of 12 months after termination of your account, without prejudice to the right to object at any time using your data for this purpose.
In any case, at the end of the retention period, we will delete your data or to make them anonymous.
Rights of third parties
It is expressly forbidden to use the platform for the publication and distribution of sensitive user data. Please note also that you cannot use our service to publish, communicate, share, or otherwise treat personal data (information, news, pictures, video, etc …) to third parties who have not given their consent to this form of treatment.