Agreement with Site Users
Welcome to the Pitteikon platform (hereinafter "Site" or "Pitteikon") of EIW s.r.l.s.
If you do not accept the terms and conditions of our Agreement, we invite you not to browse the Site and not to use our services. This Agreement therefore applies to all Users of the Site.
Access to the Site and its use
The Site is an online telematic interface aimed at providing products in the field of art.
The User declares and guarantees that he will use the Site and its services, including any spaces available for posting comments, exclusively for lawful purposes and in compliance with current legislation, with the diligence of a good family man and without that, with the its conduct, may infringe any right of third parties and / or EIW, complying in addition to these Conditions, with the so-called netiquette, or the collection of uses and habits that have developed over time with reference to the principles of good behavior among users of telematic services.
EIW prohibits the transmission, distribution, dissemination, uploading, posting, presentation, common use or saving through or through the use of this Website of offensive or otherwise prohibited content. The following contents are not allowed: (i) contents of an offensive, abusive, defamatory, libelous, pornographic, vulgar, obscene, child pornography, blasphemous, sexist, homophobic nature, offenses and insults of an ethnic, racial or religious nature, exaltation of violent acts, motivated by hatred, and unlawful behavior or in any way not compliant with the principles of public order and morality; (ii) contents that may cause harm or prejudice in any way to minors; (iii) contents that are protected by copyright without having obtained the express authorization of the holders of intellectual property rights; (iv) content that is liable to cause harassment, offense or damage, direct or indirect, to anyone; (v) content that encourages third parties to engage in unlawful and / or criminal conduct liable to criminal or civil liability; (vi) content that contains advertising, promotional material or any other form of unsolicited and unwanted solicitation, market research and prize competitions and other materials that may give rise to civil or criminal consequences.
If you log in to access this Site or parts of it, the User undertakes at the end of his session to use the log-off or log-out option to close the session. EIW reserves the right to “log-off” those Users whose account, once logged in, has remained on standby for a period of time established at its sole discretion.
EIW does not modify any comments from Users in the spaces that may be permitted on the Site, except in cases of exceptional gravity.
Should a User believe that another User's comment should be removed for one of the reasons indicated below, he or she may contact EIW at the address indicated on the Site which, at its sole discretion, will be able to evaluate the report and, if necessary, remove the comment if:
(i) contains elements of an offensive, insulting, defamatory, libelous, vulgar, obscene, pornographic, child pornography, blasphemous, sexist nature or in any way not in accordance with the principles of public order and morality or netiquette;
(ii) contains links to another URL address or advertising, promotional material or any other form of unsolicited and unwanted solicitation.
EIW excludes any liability in relation to any content of a User, including liability for any errors, viruses, defamation, written offense, obscenities or inaccuracies that may be present in the content of a User or in relation to any content of a possibly illegal User. .
EIW is not responsible for any unauthorized access to a User's account, or for an automatic forwarding of communications and / or viruses (caused by viruses or other) to persons whose data has been transmitted by a User to be entered in the own online address book available on this Site.
The limitations and exclusions of liability of these Terms apply regardless of whether liability is claimed under contract law, civil law (including negligence and defamation), liability independent of damage or other legal basis.
Liability and Indemnity
Materials, information and opinions expressed do not necessarily represent those of EIW. All the contents of a User should be considered only as an expression of an opinion and not as a statement of fact.
The Site is simply a place for online purchase of reproductions and prints of art and information, news and opinions on the subject of art and artists, offered by EIW for interested Users.
All the contents, products and services of the Site are made available on an "as is" and "as available" basis. The images of the reproductions and prints are indicative and may undergo variations. For known technical reasons, the computer monitor could alter the tones and intensity of the images, as well as the ambient light and / or night vision alter the contrast.
Furthermore, EIW excludes - to the fullest extent permitted by the laws in force - any guarantee and assurance of any kind ("guarantees"), whether explicit or implicitly agreed, on the contents, products and services of the Site.
No responsibility can be attributed to EIW for any damage that may arise to Users due to any errors and / or omissions.
EIW does not guarantee continuous and uninterrupted access to the Site and services, which may be affected by factors beyond its control, and does not guarantee that the services and functions of this Site or other interactions through this Site are available constantly, without interruptions, in a safe and error-free manner, nor that all errors are eliminated or that this Site, or the server hosting it, are free from viruses or harmful components.
Within the limits and in the manner provided for by current legislation, the User exempts EIW and its employees, administrators, attorneys, collaborators and service providers from liability and indemnity in relation to damages and expenses (including legal fees) or claims of any kind by of third parties for failure to comply with any prohibition or limitation relating to the User's activities on this Site, as well as for any use by the User of this Site (including prohibited or restricted use).
Hypertext links to and from this Site
The User undertakes to request and receive EIW's written authorization before creating a link to this Site. The so-called "deep linking" is strictly prohibited. All links must lead to the homepage of the website, must clarify that this Site and its contents must be considered separately from the site containing the link and must also emphasize that the ownership and operation of this Site is EIW's.
EIW or third parties (with the above authorization) may provide hypertext links to other sites or resources on the internet. The inclusion of such links does not imply endorsement by EIW of the contents of external websites. EIW urges the User to pay the utmost attention in using this Site or another website external to this one. Some websites may contain information that may be deemed inappropriate or unpleasant. External websites can transmit their cookies to the User, collect their data and / or request the release of personal and sensitive data and information.
EIW has undertaken, as far as possible, verifying the accuracy and reliability of the information contained in websites or external resources connected via links to this Site or which are accessed through this Site or which contain links to the EIW Site, without being held responsible for the content, advertising, products, services or other materials available on such external resources or websites.
EIW makes no warranties or assurances with respect to the security of any information that the User is expected to transmit to third parties, and the User waives any and all claims against EIW in relation to such matters.
Privacy and cookies
Intellectual Property Rights
Each work and all material published on the Site, unless otherwise specified, enjoy the protection of copyright and are to be understood as protected by copyright.
The User acknowledges and acknowledges that the Pitteikon domain and the distinctive signs of EIW are the exclusive property of EIW, which has the sole and exclusive ownership of the related economic exploitation rights. They may not be used under any circumstances, not even together with other brands, logos or distinctive signs, nor combined with products, nor used within websites and / or e-mail addresses in such a way as to generate confusion.
The User also acknowledges and acknowledges that he has no rights in the software necessary for the functioning of the Site. The User cannot, nor can he allow third parties to do so, sub-license, rent, sell, distribute, put into circulation or make available , transform even only partially, decode, decompile, disassemble, modify, translate the aforementioned software, carry out reverse engineering operations and in any case reproduce, copy, use or dispose of such software or parts thereof. Furthermore, the User is not authorized to create derivative works from or in any way attempt to discover any source code, or develop products or software applications based on the aforementioned software or that make use of it in any way.
EIW does not guarantee the full and constant functionality of the Site, nor does it provide or recognize any other type of guarantee, explicit or implicit, and does not make any promises of quality, good functioning, suitability for a particular purpose or result, nor the publication or the online permanence of the comments provided by the Users.
EIW is not responsible for delays, malfunctioning, suspension and / or interruption - neither towards the User nor towards subjects directly or indirectly connected to the User himself - in the provision of the Website services that are caused, by way of example, by: force major or fortuitous event; tampering or illegal interventions by third parties on services or equipment used by EIW; tampering or interventions on connection equipment, which are within the User's availability, carried out by the latter or by unauthorized third parties; incorrect use of the Site by the User; malfunction / incorrect configurations of the connection equipment used by the User.
Finally, the User agrees not to access Pitteikon in any other way than through the software interface on the Site and / or made available by EIW. The User also acknowledges and accepts that the acquisition of any type of material or data through the Site takes place under his full and exclusive responsibility and that therefore the User is solely responsible for any damage to his system or loss of data. also caused indirectly by the use of Pitteikon.
Applicable law and competent court
This Agreement is governed by Italian law. Any dispute against EIW is the exclusive competence of the Court of Milan.
If the User is a consumer, he will be able to benefit from the additional protections provided by the mandatory rules of the Italian legal system, according to which the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.
Miscellaneous - Change of conditions
If a clause of this Agreement turns out to be null or ineffective, any nullity or ineffectiveness will not extend to the remaining clauses of this Agreement. The chapter titles of this Agreement are for indicative purposes only and in no way limit or describe the meaning and content of the relevant article. Failure by EIW to exercise its right does not in any way imply a waiver of action for the violation of these Conditions. EIW does not guarantee in any way that it will exercise its rights to take action for any violation of these Terms.
EIW reserves the right to make, with or without prior notice, changes or improvements to the services, contents and any other information referring to the Site, including these Conditions.
It is therefore advisable to regularly check the Site and these Conditions.
Explicit approval of unfair terms
Pursuant to and for the purposes of art. 1341 and 1342 of the Civil Code, the User declares to have read and expressly accept the clauses of these Conditions regarding 'Liability and indemnity', 'Intellectual property rights',' Applicable law and competent court 'and' Various - Modification of the Conditions'.
Vers. 12 July 2020