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Terms and Conditions

The following general conditions of service, published on the website www.eparnassus.com (also eParnassus or Website) owned by Roberto Zanisi, Via E. Tomé 27, 26012 CASTELLEONE (CR), VAT no. 01365120193, are intended to control the way the service is offered by eParnassus.

Therefore the use of eParnassus and its related services must take place in full respect of the sections set out below, the understanding and acceptance of which is a necessary and binding condition.

The legally binding contract with eParnassus consists of (A) the Terms and Conditions set out in this document (B) the Privacy Policy of eParnassus (see Privacy Policy) and the FAQ, collectively called "Terms".

The Terms apply to all users of the website, including users who place photographic content, information and other material or services on eParnassus.

The User cannot use the Services and cannot accept the Terms if (a) he/she has not reached the minimum legal age to be able to form a legally binding contract with eParnassus, or (b) if he/she is legally prohibited in some other way from receiving or using the Services, according to the laws of the country in which he/she is a resident or from which he/she accesses or uses the Services.

Where eParnassus provides a translation of the Terms in a language other than Italian, this is provided purely for ease of use and the relationship with eParnassus will remain governed by the Italian language version. Should there be any discrepancy between the Italian language Terms and its relative translation, the Italian language version will apply.

Section 1 – General concepts

The purpose of eParnassus is to publish and distribute free of charge photographs and /or images of artistic objects (painting, sculpture, handicrafts, etc.) designed and made by artists registered on the site www.eparnassus.com.

Section 2 – Obligation to print this contract

As this is a remote contract, in accordance with legislative decree 185/99, in as much as it applies to this contract, the User is required to print this entire contract or save it electronically.

Section 3 – User Content

User content defines all the information (text, photographs, comments, etc.) that the User publishes on the website.

As an eParnassus account holder the User may place photographic and text content (for example User Comments). The User agrees that, whether or not the User Content is published, eParnassus does not guarantee any confidentiality with regard to any User Content.

Photographic User Content must definitely concern original objects and/or artistic products made exclusively by the User registered on the Website.

The User recognises and accepts that he/she is solely responsible for his/her personal User Content and for the consequences of their posting and publication. eParnassus does not necessarily agree with any User Content or any opinion, recommendation or advice expressed in the same. eParnassus expressly denies any and every responsibility with relation to User Content.

The User agrees not to publish or upload any User Content which it is illegal to possess in the country in which he/she is resident, or which would be illegal for eParnassus to use or possess in relation to the provision of the Services.

The User agrees not to publish or upload any User Content which is subject to third party rights (including rights of privacy or rights of publication), unless the User has a formal licence or permit from the legitimate owner to publish the material in question and provides eParnassus with the licence referred to in section 8.

eParnassus reserves the right (but does not have the obligation) to decide if the User Content meets the content requirements set out in these Terms and can remove such User Content and/or terminate a User’s access if he/she uploads any User Content that is in violation of these Terms of Service, at any time, without prior notice and at their sole discretion.

The User moreover recognises and accepts that in using the Website and the Services he/she may be exposed to User Content which could be inaccurate, offensive, indecent, or in some other way reprehensible. The User agrees to denounce, and with this document denounces any legal right or recourse he/she has or may have against eParnassus with relation to any User Content.

Section 4 –eParnassus hypertext links

The services may include hypertext links to other websites that are not owned or controlled by eParnassus. eParnassus does not accept any responsibility for the content, privacy policy or practices of any third party website.

The User recognises and accepts that eParnassus is not responsible for the availability of any site or external resource, and that it does not approve any publication, product or other material on, or available from, such websites or resources.

eParnassus asks the User to be aware of when he/she is leaving the eParnassus website and to read the terms and conditions and the privacy policy of every other website he/she visits.

Section 5 - Registration, verification of the suitability of the User and privacy protection

In order to publish, on eParnassus, photographs of artistic objects produced by him/her the User must register on the Website and provide his/her personal details, consisting of full name, date and place of birth, nationality and email address.

When the User registers with eParnassus, he/she must choose a Username and a Password. The User recognises that such Usernames and Passwords constitute a validation system to allow the User access to the services offered. The Parties recognise and accept that such Usernames and Passwords constitute the only ideal method of identifying the User at the moment of accessing the services. The User therefore accepts that all actions carried out while using the abovementioned Username and Password will be attributed to him/her and will have a consequential effect in his/her regard. The User recognises that he/she is solely and exclusively responsible for actions carried out through the use of his/her own Username and Password and is required to keep this information secret and to protect it with due care and diligence and not to pass it to third parties, even temporarily. In any case, The User accepts that electronic registration carried out by eParnassus may be tested before any Judiciary authority in order to prove compliance with these general conditions of service and that, in particular, the parties may use this as civil proof of the existence of the relationships and/or the actions that may be the subject of any possible dispute.

The User must immediately notify eParnassus should he/she become aware of any security violation or unauthorised use of his/her eParnassus account.

The User is required to provide his/ her correct and accurate personal details. Should the User provide data that is incorrect or incomplete, eParnassus reserves the right to suspend the service until such time as the User remedies the situation.

The requested data is required in order to provide the service offered by eParnassus and, in accordance with legislative decree 196/2003 will be treated by the owner Roberto Zanisi, for the sole purposes of connecting the User to the services requested by him/her. Roberto Zanisi is responsible for the treatment of data. Personal details collected may not be passed to third parties and will be destroyed when eParnassus ceases its activity (according to the timeframe in section 11). Until that time, you may exercise your rights as per Section 7 of Legislative decree 196/2003 by writing to eParnassus (see Section 12).

Section 6 – Service limitations

With these terms eParnassus allows access to and use of the Website and its Services, subject to the following express conditions. The User agrees that failure to adhere to any of these conditions will constitute a violation of these Terms:

  1. The User agrees not to distribute any part or parts of the website including, as a non-exhaustive list, User Content, by any means whatsoever without prior written permission from eParnassus;
  2. The User agrees not to make changes or alterations to any part of the Website or to any Service;
  3. The User agrees not to access User Content or any other material held on the website, by any technology or means other than via the web pages of the Site itself, or other means that eParnassus may explicitly indicate for such aims;
  4. The User agrees not to bypass (or attempt to bypass), disable, on in any other way interfere with any element linked to the security of the Website or elements that (i) forbid or limit the use or copying of any User Content or (ii) restrict his/her use of the website or the content accessible on the website;
  5. The User agrees not to use the website or any Service for any commercial purpose, without prior written permission from eParnassus. Prohibited commercial uses may include, as a non-exhaustive list:
    1. the re-selling of Website access or any Service on another website with the principal aim of obtaining advertising or funds;
    2. the redistribution of Services (including any User Content accessible through such a Service) with the principal aim of generating proceeds from a commercial enterprise that is largely similar to or comparable to that run by eParnassus;
  6. The User agrees not to launch or use any computerised system, including, as a non-exhaustive list, any robot, spider or offline reader which accesses the website sending a larger number of requests for access to the eParnassus server in a given period of time than would be humanly possible to make in the same period of time using a standard web browser (that is, not modified) that is publicly available;
  7. The User agrees not to collect any personal data from any user of the Website or any Service (and agrees that personal data includes the eParnassus account name);
  8. The User agrees to comply with all other provisions within the eParnassus Terms while they are using the service.
  9. The User accepts that eParnassus may provide communications, including those relating to changes to the Terms, by email, post, or via notices published on the eParnassus website.

eParnassus allows public research organisations to use spiders to copy material from the site for the sole purpose of creating research ratings on publicly available material, but not to carry out caching or archiving of such material. eParnassus reserves the right to revoke these exceptions, either in general or in specific cases.

eParnassus is constantly innovating in order to provide the best possible experience for its Users. The User recognises and accepts that the form and nature of the Services that eParnassus provides may change from time to time without prior communication.

As part of this on-going innovation, the User recognises and accepts that eParnassus may interrupt the provision of services, or any internal aspect of the Services, as regards itself or its Users, either temporarily or permanently, at the sole discretion eParnassus, without prior communication. The User can cease to use the Services at any time. The User is not specifically required to inform eParnassus when he/she ceases to use the Services.

The User agrees that he/she is solely responsible (and that eParnassus has no responsibility towards him/her or any third party) for any violation of his/her obligations regarding the Terms and for the consequences of such a violation (including any loss or damage that eParnassus may suffer).

Section 7 – Text and photographic content

eParnassus does NOT accept any responsibility for the content of texts and descriptions of photographs, nor for the photographs Users themselves publish. Therefore eParnassus may not be held in any way responsible for any illicit or incorrect content contained within the published texts or photographs.

Section 8 – Property Rights and licences

All the photographs published on eParnassus are the exclusive property of the User.

When he/she uploads or publishes content on eParnassus the User gives:

  1. eParnassus, a non-exclusive, worldwide, royalty-free licence, which is transferable (with the right to sublicense) to use, distribute, adapt and display any User Content which relates to the provision of Services or is otherwise in connection with the supply of the Website and the commercial services of eParnassus, including as a merely simplified example the promotion and redistribution of all or part of the Website (and derivations) in any format and via any channel;
  2. to each user of the Website, a non-exclusive, worldwide, royalty-free licence to access his/her User Content through the Website and to use, distribute, adapt and display such User Content in the ways permitted by the functionality of the Website and in accordance with these Terms.

The licences referred to above cease at the moment when the User removes or deletes his Content from the Website. The licences mentioned above given to the User on User Comments are perpetual and irrevocable, except when property rights are prejudiced.

eParnassus carries out a clear policy on copyright material in relation to any User Content which may be presumed to be in violation of a third party copyright.

As part of their policy on the copyright of eParnassus, eParnassus will interrupt the access of a user to the website if a User is identified as a habitual contravener. A habitual contravener is a user who has been notified that he/she has carried out an action in violation more than twice.

Section 9 – Site Maintenance and Closure

The Provider cannot be held responsible for days when the website eParnassus is closed due to ordinary or extraordinary maintenance, or by factors outside their control.

Section 10 – Electronic register

The User takes note of and accepts that there is an electronic register, which is generated by and maintained by eParnassus. Personal data provided by Users is protected in accordance with Legislative Decree 196/2003, which covers protection of individuals and other matters, with respect to the treatment of personal data, which will therefore be only used to carry out the contract and supply the service.

Section 11 – Termination of eParnassus

The website www.eparnassus.com and its derived services will end, also without prior notification, according to the demands of the Owner.

Section 12 – Communications with eParnassus

Except for when expressly allowed in exceptional circumstances, the Parties agree to use electronic mail in order to make requested communications or to carry out the requirements of these general conditions of service. For communications by registered post the following address should be used: Roberto Zanisi, Via E. Tomé 27, 26012 CASTELLEONE (CR). For communications by FAX the following number should be used: + 39 0374 254 504.

Section 13 – Changes to regulations

eParnassus reserves the right to change these conditions of service and to publicise these changes on the website www.eparnassus.com.

The User recognises and accepts that if he/she uses the Services after the date on which any changes to the Terms were made, eParnassus will consider this as an acceptance of the amended terms. The User is required to check the Terms from time to time to see if there have been any changes.

Section 14 – Express cancellation clause

eParnassus can cancel these general conditions of service, in accordance with art 1456 of the civil code, should the User fail to respect these general conditions of service, without prejudicing the rights of eParnassus to payment of the amount due as per the date of the cancellation and to damages.

Section 15 – Guarantee Exclusions

The Services are provided "as they are" and eParnassus does not issue any guarantee or declaration with reference to these.
In particular eParnassus does not declare or guarantee that;

  1. the use of the Services will meet the needs of the User;
  2. the use of the Services will not be interrupted, timely, safe or free of errors;
  3. any information gained as a result of using the Services is accurate and trustworthy;
  4. operating or functionality defects in the software provided as part of the Services will be corrected.

No condition, guarantee or other term (including any implicit term regarding satisfactory quality, suitability for a purpose or conformity with a description) is applied to the Services except for when these are expressly stated in the Terms.

Section 16 – Applicable laws and jurisdiction

These conditions are governed by the laws of the Republic of Italy. Any dispute in connection with or arising from these general conditions of service or from their application will only be dealt with by the Courts in Cremona. For any matter that is not covered by this contract, the Parties will make explicit reference to the legal regulations and in the absence of these, to current use and practice.

 

Last Updated (Monday, 24 May 2010 22:03)

 
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