Terms of Use

TERMS OF USE OF THE SERVICE

21 Dicember 2015

 Preamble

All users of the Website are asked to read the terms of use, stated below, before making use of the services offered (hereinafter the Service) by Crowdarts. This document (TERMS OF USE) establishes legally binding terms and conditions for the use of the Website content.crowdarts.eu

By visiting, navigating and subscribing to the Website, the User, be they a Campaign Creator (the person who creates a crowdfunding campaign, hereinafter the “Campaign Creator”) or a Backer (the person who participates economically in a campaign, hereinafter the “Backer”), agrees to be bound by the conditions of this document.
All utilizers of the Website are bound as users thereof and/or of the Service offered thereon.

The company Crowdarts di Serena Telesca  is the owner of the internet portal entitled http://crowdarts.eu, i.e. of a “reward and donation-based crowdfunding platform” which has the object of putting Campaign Creators and Backers in contact with each other so that, through publication on the Website, by Campaign Creators, of information regarding their campaigns and/or initiatives, the latter can obtain an economic contribution from Users possibly in exchange for a symbolic recognition (reward) or at any rate not financial.

Crowdarts reserves the right, in its sole discretion, without prior notice and/or communication, to modify or replace one or any of the Terms of Use, and/or change, suspend and/or terminate the services offered at any time. Use of the services following any change to the Terms of Use uploaded on the website shall be deemed acceptance of the occurred amendments.

Definitions

All the terms defined below in the singular are intended to refer also to the plural and vice versa.

Company” or “Crowdarts” means Crowdarts di Serena Telesca with registered office in Via Riotorto 1, 50014 Fiesole (FI), P.IVA 01908160763.

User/s or Utiliser/s: this is to be taken to mean an individual natural or legal person who uses the Website and has accepted the conditions referred to in this document.

Campaign Creator: this is to be taken to mean a private individual/s or legal person/s who access/es the Website for the purpose of promoting initiatives and collecting funds for realizing them.

Crowdfunding campaign: this is to be taken to mean information made available by Campaign Creators through the functionality of the crowdfunding Platform for the purpose of obtaining funds.

Crowdfunding platform: this is to be taken to mean a Website aimed at favoring the collection of funds for the realization of Campaign.

“Reward ”: this is to be taken to mean Campaign in which symbolic recognition is obtained in return for financing.

”All or nothing financing”: this is to be taken to mean contributions with a minimum or total threshold below which the Campaign will not be realized and therefore no contributions will be collected by the Campaign Creator, nor will any amount be charged to the Backers.

“Keep it all” financing: this is to be taken to mean campaign in which there is no fixed minimum total contribution to realize the campaign and any contribution is collected by the Campaign Creator.

Backer: this is to be taken to mean a natural or legal person who makes a contribution to support one or more Campaigns.

Website: this is to be taken to mean the web Portal or Crowdfunding Platform entitled http://crowdarts.eu which is owned by Serena Telesca.

Service: this is to be taken to mean making the Website available in order to put Campaign Creators and Backers in contact with each other so that, through the publication by Campaign Creators on the Website of information regarding their Performing Art campaign and/or initiatives, the latter should be able to obtain a contribution from Backers.

  1. Description of the Service.

Crowdarts  gives Users access to its Website, as set out in the Preamble.

All Users take note and accept that Crowdarts assumes an obligation as to means and not as to results.

Access to the Service is free of charge.

  1. Acceptance of conditions and minimum age for accessing the service

Access to the service is subject to acceptance of the terms and conditions of use in their totality, contained in this document (TERMS OF USE), including the information notice on privacy, available in the PRIVACY section of the Website. The terms of use may be updated periodically and without prior notice by Crowdarts.

Users must be at least 18 years of age to be able to use the Service.

Users must therefore declare and guarantee that they have reached the legal age for signing a binding contract. Minors can use the Service only with the consent of their parents and with their parents present. The Website may be used by any User, irrespective of sex and nationality.

  1. Amendments to the Terms of Use

Crowdarts reserves the right to amend or replace any or all of the terms of use, without prior warning or notification and at its discretion. If Crowdarts should modify, suspend and/or interrupt the Service, it may do so at any time, notifying Users on the Website itself.

Crowdarts may also, without giving prior notice or incurring liability, limit partial or total access to the Service and/or certain features of the Website.

Users are invited to check the Terms of Use periodically. Use of the Service after publication of any amendments to the Terms of Use implies acceptance of such amendments.

  1. Registering for the Website http://content.crowdarts.eu

a) It is not necessary to register in order to be able to browse the Website and display its content.

b) To use the Service, i.e. to create a Campaign or make a contribution in favour of a Campaign it will be necessary to register for the Website (registration is free of charge), choosing a Username and Password, providing your email address and any other information required.

c) Users must provide truthful, correct and up-to-date details, on pain of cancellation of the account at Crowarts’ absolute discretion.

d) It is not permissible to use another person’s identity or email address.

e) Users are responsible for activity which occurs under their Username and must keep their password secret.

f) After receiving the necessary data, Crowdarts will send the User, at the indicated email address, the information necessary for completing registration on the Website. If Users need to change their email address, they must notify Crowdarts promptly. In the absence of such notification, Crowdarts will continue to send communications and information to the email address provided to it.

g) Crowdarts can refuse registration or cancel an account at its discretion. It can also refuse to offer the service to any person or legal entity and change the criteria for admissibility at any time, at its sole discretion.

h) At the time of registration the User must provide their particulars, such as name, address, date of birth and other details. Crowdarts reserves the right to collect further information relating to the type of browser and operating system used, as well as the IP address, only to the extent that such further information is necessary for the delivery of the Service.

i) Crowdarts avails itself of the right to use the email address provided by the User for sending communications required by law, or information necessary for the delivery of the Service.

Users: obligations, prohibitions, responsibilities

5.1. Obligations

a) The User is responsible for data which they enter on the Website and for his own password which must remain secret.

b) The User must comply with the legislation and fundamental principles of law such as correctness, respect, transparency, professionalism and safeguarding the different interests involved. The User must therefore act in a transparent manner, avoiding any ambiguity.

c) the User is obliged not to try to obtain unauthorized access to the Website’s computer systems. In addition, they must in no way discredit the quality or compromise the functionality of the Website. The User is obliged to enter each type of data manually on the Website, without using any type of automatic device or program.

d) the User is obliged not to collect other users’ data for illegal or commercial purposes or purposes harmful to the person and may not contact a User who has requested not to be contacted.

5.2. Prohibitions

In accordance with the Terms of Use, the following behaviour is prohibited to the User:

a) Violating any local, state, national or international law, including regulations.

b) Publishing or selling:

i.Material containing viruses or programs which can damage/destroy any software, hardware or telecommunications equipment, cause damage or obtain unauthorized access to any system, data, passwords or other information on the Website or belonging to third parties.

ii.Pornographic material.

iii. Material which may cause harm or nuisance to one or more third parties (stalking, intimidation, threat).

iiii. Spam, disguised advertising, promotional material.

v.Drugs or other narcotic substances or substances which do not comply with safety regulations, and medicines.

vi.Material inciting violence, criminality or racism.

vii. Material with a sexual background.

viii. Material connected with weapons or other dangerous materials.

ix.Material connected with gambling.

c) Publicizing any illegal service or distributing elements whose sale is prohibited or limited by any current law.

d) Interfering with the correct operation of the Website or of any activity carried out thereon.

e) Deciphering, decompiling, disassembling, decoding, attempting to extract secret and/or confidential codes, ideas or algorithms from any part of the Website, modifying, translating, creating works derived from any part of the Service, copying, renting, hiring out, distributing or transferring any right.

5.3.  Responsibilities

a) A User registered on the Website and identifiable by their Username may publish content such as videos, images, texts, data, audio clips and graphics, and is directly responsible for such content, for messages or comments which they publish and for all the activities connected with their presence on the Website, including any damage or losses occasioned by their actions to the detriment of third parties.

b) A User is not authorized to use the Website for purposes which are prohibited by this document or by law.

c) The User confirms that the content published does not infringe rights of any kind belonging to third parties, including without limitation those relating to intellectual property, advertising and privacy. The User undertakes furthermore not to publish without permission material protected by copyright or the property of third parties.

d) The User may not publish content which:

i.Contains sensitive information;

ii.Contains incorrect information;

iii. Contains information or references which are illegal, threatening, abusive, harassing, defamatory, calumnious, deceptive, fraudulent, invasive of the privacy of others, damaging, obscene or offensive;

iiii. Constitutes a crime;

v.Can create any kind of damage or loss to a third party;

vi.Entails the infringement of patents, trademarks, industrial secrets, copyright, advertising rights or other rights of any other person or entity or which violates any law or contractual obligation.

e) The User undertakes to defend, indemnify, hold harmless Crowdarts, its affiliates, employees, administrators and parties who operate in any capacity on behalf of Crowdarts, from all liabilities, complaints, expense, and legal actions which may arise from or refer to the utilisation or improper use of the Website, of the services or content, or in any way in violation of the terms of use, or in violation by the User or third parties in the use of any intellectual property or other right of any person or entity.

  1. Crowdarts: obligations and exclusion of liability

6.1. Obligations

Crowdarts undertakes to maintain the efficiency of the Service offered. In the event that it is forced to interrupt the Service due to exceptional events or for maintenance, Crowdarts will endeavor to restore the Service in the shortest possible time so as to reduce to a minimum the risk of disruption caused to its Users.
All the information, including technical information, to enable access to the Service is available in the “how it works” section of the Website. Crowdarts reserves the right to amend it at any time.

6.2. Exclusion of liability

a) Crowdarts shall not be liable for the content of the information published by its users on or through the Website and shall not be liable in any way for damage caused directly or indirectly by the Service.

b) Crowdarts reserves the right to check and monitor the Website in general and the content published and sent by Users. It further reserves the right to remove, reformat, delete or amend at any time, for whatever reason and without prior notice or limitation, the content published by Users, at its sole discretion and without being obliged to give reasons.

c) Crowdarts does not assume any responsibility with regard to the content and material on the Website and cannot guarantee the authenticity, correctness and legality thereof.

d) Crowdarts is not in any way responsible for the publication by Users of material over which they do not hold intellectual property rights.

e) Crowdarts cannot guarantee the identity of Users.

f) In no event is Crowdarts liable for the malfunctioning of the Service offered, caused by failures of the telephone or electrical lines, or of other online transmission instruments, for example breakdowns, overloads, interruptions, and in general any cause not dependent on its actions.

g) Crowdarts cannot be held liable for not fulfilling its obligations due to causes outside its foreseeable control or causes constituting force majeure.

h) Crowdarts shall not be liable for any kind of failure or malfunction of its Website, attributable to fire, explosion, earthquake, volcanic eruption, landslides, cyclones, storms, flooding, hurricanes, avalanches, war, popular insurrections, uproars, strikes or any other unforeseeable and exceptional cause which prevent the service from being provided.

i) Crowdarts cannot be held liable for any disagreement, negotiations or dispute which may arise between Campiagn Creators and Backers, or between users of the Website and third parties.

j) Crowdarts cannot be held liable for the management of payments nor for their successful outcome. Crowdarts is also not liable as regards any fiscal, accounting and/or tax aspect connected with or in any way arising from the sum put at the disposal of Campaign Creators by way of contribution from Backers or in any event connected with the potential development of commercial campaigns, the possible transfer of assets, free gifts and/or rewards connected with the receipt of said funds.

k) Crowdarts cannot be held liable in any event for contributions associated with the potential development of commercial campaigns, the possible transfer of assets, free gifts and/or rewards connected with the receipt of said funds, which remain the sole responsibility of the Campaign Creator.

l) Crowdarts reserves the right to annul, refuse, cancel, interrupt, remove or suspend a crowdfunding campaign at any time and for any reason.

m) Crowdarts has no responsibility for and/or control over:

i.Users who access the Website;

ii.content which is accessed through the Website;

iii. effects resulting to users; interpretation and/or utilisation of the content;

iiii. content on the Website and related information which some people could find offensive or inappropriate.

n) Crowdarts does not issue any declaration about any content to which access is obtained through the Website, and shall not be held liable for the accuracy, conformity to copyright, legality or decency of the material contained.

o) The Service is offered in the state in fact and in law in which it is in the present conditions, without guarantees of any type, express or implicit, for which all responsibility is declined.

p) Crowdarts shall not be responsible for the privacy of email addresses, registration and identification information, disk space, communications, confidential information  or commercial secrets, or any other content transmitted over networks accessible from the Website, or otherwise connected with the use of the Website.

q) Crowdarts may allow connections to be made to other internet Websites, and other websites or resources may contain links to the Website. When Users access third party websites, they do so at their own risk and peril. Such websites are not under the control of Crowdarts, and the User recognises that Crowdarts itself is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any link in the Website does not imply any form of association with its controllers (with the exclusion of the Crowdarts  website).

  1. Intellectual Property

a) The User accepts and is aware that the Service may include material and information protected by copyright, trademarks, service brands, patents, commercial secrets or other property rights. The User therefore undertakes to respect and conserve all the copyright information and the information and restrictions relating to any content accessible through the Website. Crowdarts may at its discretion close the accounts of users who violate intellectual property rights.

b) Crowdarts, although authorised to publish on the Website the content of the Campaign or part of them, including for the purpose of promoting its own institutional activities, has no property rights over the content of the campaigns themselves.

c) Crowdarts has the right to have the Campaign used on the Website, for the purpose of allowing it to be exhibited, and to make it possible to display it in its totality, including, by way of example, photographs, graphics and descriptive text.

d) Crowdarts has the right to utilise, reproduce, copy and display the trademarks, service brands, slogans, logos or similar property rights of the Campaign Creator, in relation to the service offered and promotion/redistribution through the Website or other channels.

e) The User has the possibility of distributing, collecting, adding, creating, loading or sending content, video clips, audio clips, on the Website, and comments on social networks;

f) The User expressly recognises:

i.that they can be identified by their Username and can therefore be associated with any content which they publish;

ii.that they own all the rights over the content published;

iii. that the content published is in the public domain;

iiii. they grant Crowdarts the right to make use of the material published to utilise, reproduce, distribute and prepare derived works, to display objects present on the Website, without limitation for the promotion and redistribution of parts or the whole, without exclusion of means and/or channels.

  1. Financing Campaigns and Methods of payment

a) The Backer will have available as payment gateway the Paypal network (the “Payment Gateway”), which provides for the use of all the major payment cards (see conditions of use in Section 8.1). The subscriber shall use their own credit/debit card through the portal of the payment gateway. In order to be able to use the Service, the Campaign Creator must either have a Paypal account or must open one in advance. Crowdarts is not responsible for any refusal by Paypal to open the account, or in general for the relationship between the Campaign Creator and Paypal; without a Paypal account being opened, the Service cannot be used and the Campaign cannot be published.

b) Contributions for each Crowdfunding Campaign can start from a minimum of 1 (one) Euros.

c) As regards methods and limits of contribution,  reference should be made to the website www.paypal.com, whose conditions apply in their entirety. Users are invited to inspect them.

d) By making a contribution, the User does not acquire any rights over the Campaign  which they support.

e) Crowdarts does not offer guarantees regarding the methods of payment or their outcome, nor does it assume any liability in the event of the payment not being received.

f) Crowdarts does not store credit card details. The information relating to the credit card is stored in encrypted form by the payment gateway. The platform stores only a reference ID provided by the payment gateway.

g) The Campaign Creator who receives the amount collected during the campaign’s period of publication on the Website becomes the sole proprietor thereof. Tax regularisation of the amount received shall therefore be the responsibility of the Campaign Creator, in relation to their own tax and social security position.

h) The transaction costs applied by the online payment gateway shall be payable by the Campaign Creator and shall be deducted from the amount collected during the crowdfunding campaign only in the event that the Campaign Creator achieves the economic objective, where specified (All or Nothing procedure).

i) The relationship between the Campaign Creator and the platform is to be understood to be finally concluded once the funds have been credited to the Campaign Creator.

j) In any event Crowdarts shall remain completely extraneous and not subject to any type of liability or obligation as regards all fiscal, accounting and/or taxation aspects connected with and/or in any way arising from the handling of the sum received by Campaign Creators by way of an offer from Backers. Reference should be made to the website of the payment system for the procedure for printing the reference details of the contribution from the Backers for the purposes of obtaining the necessary documentation for any tax deductions.

8.1. General conditions of use of the Paypal payment system

For the conditions of use of the online payment system, reference should be made to the website www.paypal.com

8.2. Campaigns with the “All or nothing” financing procedure

When a Backer decides to make a contribution on the Website to support a Campaign which specifies this type of contribution, their offer constitutes a “promise of payment” and shall be binding until the end of the crowdfunding campaign.

On the expiry of the crowdfunding campaign the Backer undertakes to make available the sum which they intend to pay the Campaign Creator that they have chosen to support.

On the expiry of the crowdfunding campaign, if the Campaign has achieved its economic objective and has therefore had a successful outcome, the relevant individual amounts will be debited to the Backers by the online payments manager.

If the Campaign does not have a successful outcome, no payments will be debited.

In the event that the Campaign published on the Website achieves its economic objective, the Campaign Creator will receive the sum collected, not later than 30 days from the date of closure of the campaign, net of the transaction costs of the payment system used and withholding tax if due.

The Platform will keep count online of the status of pre-authorisations for contributions received for each campaign.

8.3.  Campaigns with “Keep it all” financing procedure

For Campaign which specify this contribution method, contributions to support the Campaign will be available immediately once the Backer has authorised the chosen circuit to make the payment, which will then be credited to the account number indicated by the Campaign Creator.

9.Costs of service

Crowdarts crowdfunding service is free of cost.

Publishing, sharing and keeping a campaign on the platform for the duration selected at the moment of the campaign submission are free.

At the end of a successful “All or Nothing” production campaign, Crowdarts applies a 5% fee to the funds collected,  to be added to the PayPal fee, that is up to 3,4% + 0,35€ per transaction.

For “Keep it All” production campaign, Crowdarts credits the pledges according to the rules of this crowdfunding model, applying a 7% fee to the funds collected,  to be added to the PayPal fee, that is up to 3,4% + 0,35€ per transaction. The user is responsible for the payment of any taxes deriving from the use of the platform.

The invoice for the fees received by Crowdarts is issued at the end of the campaign.

  1. Managing and delivering REWARDS

The management and method of delivery of any “Rewards” (prizes) is detailed in the appropriate information notice of each Crowdfunding Campaign. Crowdarts cannot be held liable for the management of rewards, their delivery, nor their successful outcome. All responsibility for any rewards is, and remains, the Campaign Creator’s.

  1. Withdrawal of a campaign by the Campaign Creator

It will be at the discretion of the Platform Controller whether to keep the Campaign on the Website after the expiry of the Crowdfunding Campaign, including in cases where the campaign has not achieved the preset economic objective.

Without prejudice to that indicated above, a Campaign Creator may, giving at least 30 days’ notice with respect to the date of conclusion of the campaign, request the withdrawal of their Campaign from the Website, if they consider there are serious reasons for this request.

The request must indicate in detail the reasons for the withdrawal and must be addressed by email to info@crowdarts.eu

It remains understood that it will be at the sole discretion of the Platform controller whether to proceed with the removal of the Campaign from the platform.

  1.  Express termination clause

The user accepts that any failure on their part to comply with the obligations indicated in points 2, 5, 5.1, 5.2, 5.3, and 7 of this document constitutes grounds for express termination of this document in accordance with and for the purposes of the provisions of Article 1456 of the Italian Civil Code.

Consequently, Crowdarts is entitled to interrupt the Service, without prejudice to its right to take action against the User for compensation for any greater damage suffered.

  1. Applicable law Court

This contract shall be regulated by Italian law.

In the case of any dispute over its interpretation and/or application, the Court of the place of residence or domicile of the User shall have jurisdiction.

  1. Approval of clauses in accordance with Articles 1341 and 1342 of the Italian Civil Code (unfair contract terms)

In accordance with and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the contents of the following clauses have been noted and the clauses are expressly approved:  2; 3; 4; 5; 5.1; 5.2; 5.3; 6.2; 7; 8; 9; 10; 11; 12

 

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