Viale Francesco Scaduto, 10B. 90144 Palermo – PA – Italy. VAT 06393200826. Email: [email protected]
To use the Services you must register for an account and provide current and accurate information about yourself as prompted by the Site registration form. Don’t reveal your Account information to anyone else. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. ARTFICIAL shall not be responsible for any losses or damages arising out of the unauthorized use of your Account. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.
Information We Collect
01 Srls and its affiliates collects and uses your personal data such as your name, e-mail address and your place of living in order to provide you with the ARTFICIAL Services. When you register on the Website, we ask for your name and email address in order to create an account for you. We also use your information to communicate with you about our services. You can always indicate and change your choice whether you want to receive such communication from us in your user profile page. We also may use your personal data for our internal purposes such as administration of our Website, improving our services, and compliance with our legal obligations.
How We Protect Your Data
Your personal data will be collected and treated in strict confidence and kept secure according to best practices such as firewall, user access control. Access to your personal data will be restricted to a limited number of administrators.
Once you have provided us with your personal data, you will have reasonable access to that information so you can update, modify or delete it. You may do this by logging into your ARTFICIAL account. We encourage you to keep your personal settings complete and current. By accessing your personal profile, you also may change your preferences on how we communicate with you.
Information We Share
We do not sell, rent or license your personal data to third parties. However, please be informed that we may share your personal data with other businesses (our service providers) for example to enable them to provide their services to us or to you (for instance handling your orders). We require these service providers to protect your personal data adequately. They are not allowed to use your personal data for any purpose not specifically authorized by ARTFICIAL or by you. You should know that these service providers may be located around the world, therefore by ticking the box at the time of registration you agree that your personal information may be transferred from your home country to third parties located around the world. As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your account. Communications relating to your account will only be sent for purposes important to the Services, such as password recovery. We do not currently collect financial information, as that information is collected and stored by our third party payment processor. However, we may from time to time request and receive some of your financial information from our payment processor for the purposes of completing transactions you have initiated through the services, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business. In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention. Except as set forth in this Privacy Statement, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information.
Information We Collect by Automated Means
Our Website may provide links to other websites for your convenience and information. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked sites.
Changes to the Privacy Statement
We reserve the right to change this privacy statement from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. Use of information we collect now is subject to the Privacy Statement in effect at the time such information is used.
USE OF CONTENT
You agree that the ARTFICIAL Services and Products include security technology that limits your use of ARTFICIAL Products and that, whether or not ARTFICIAL Products are limited by security technology, you shall use ARTFICIAL Products in compliance with the applicable usage rules established by ARTFICIAL and its licensors (“Usage Rules”), and that any other use of the ARTFICIAL Products may constitute a copyright infringement. Any security technology is an inseparable part of the ARTFICIAL Products. ARTFICIAL reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Artficial for compliance purposes, and ARTFICIAL reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Artficial Service by any means other than through software that is provided by ARTFICIAL for accessing the ARTFICIAL Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the ARTFICIAL Service. Violations of system or network security may result in civil or criminal liability.
(i) You shall be authorized to use ARTFICIAL Products and Services only for personal, non-commercial use, unless authorized by Artficial.
(ii) You shall not be entitled to copy or distribute ARTFICIAL Products and Services, unless authorized by Artficial.
The delivery of ARTFICIAL Products does not transfer to you any commercial or promotional use rights in the ARTFICIAL Products. Any purchasing capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any ARTFICIAL Product.
Certain content, Artficial Products, and services available via the ARTFICIAL Service may include materials from third parties. ARTFICIAL may provide links to third-party websites as a convenience to you. You agree that ARTFICIAL is not responsible for examining or evaluating the content or accuracy and ARTFICIAL does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that ARTFICIAL is not in any way responsible for any such use by you.
You understand that by using the ARTFICIAL Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the ARTFICIAL Service at your sole risk and ARTFICIAL shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. ARTFICIAL Product types, descriptions and images are provided for convenience, and you agree that ARTFICIAL does not guarantee their accuracy.
You agree that the ARTFICIAL Service, including but not limited to ARTFICIAL Products, graphics, pictures, images, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the ARTFICIAL Service, are and/or contain proprietary information and material that is owned by ARTFICIAL and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the ARTFICIAL Service in compliance with this Agreement. No portion of the ARTFICIAL Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the ARTFICIAL Services and Products in any manner, and you shall not exploit the ARTFICIAL Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, ARTFICIAL and its licensors reserve the right to change, suspend, remove, or disable access to any ARTFICIAL Products, content, or other materials comprising a part of the ARTFICIAL Service at any time without notice. In no event will ARTFICIAL be liable for making these changes. ARTFICIAL may also impose limits on the use of or access to certain features or portions of the ARTFICIAL Service, in any case and without notice or liability.
All copyrights in and to the ARTFICIAL Service and related software are owned by ARTFICIAL and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE ARTFICIAL SERVICE, EXCEPT FOR USE OF THE ARTFICIAL SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
ARTFICIAL, the ARTFICIAL logo, and other ARTFICIAL trademarks, service marks, graphics, and logos used in connection with the ARTFICIAL Service are trademarks or registered trademarks of 01 Srls. in the EU and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the ARTFICIAL Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
If you fail, or ARTFICIAL suspects that you have failed, to comply with any of the provisions of this Agreement, ARTFICIAL, at its sole discretion, without notice to you may terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination and/or preclude access to the ARTFICIAL Service (or any part thereof). ARTFICIAL reserves the right to modify, suspend, or discontinue the ARTFICIAL Service (or any part or content thereof) at any time with or without notice to you, and ARTFICIAL will not be liable to you or to any third party should it exercise such rights.
Disclaimer of Warranties; Liability Limitation
ARTFICIAL DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE ARTFICIAL SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ARTFICIAL MAY REMOVE THE ARTFICIAL SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE ARTFICIAL SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ARTFICIAL SERVICE IS AT YOUR SOLE RISK. THE ARTFICIAL SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE ARTFICIAL SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ARTFICIAL) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL ARTFICIAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE ARTFICIAL SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ARTFICIAL SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARTFICIAL SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ARTFICIAL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ARTFICIAL SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE ARTFICIAL SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ARTFICIAL HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
ARTFICIAL DOES NOT REPRESENT OR GUARANTEE THAT THE ARTFICIAL SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ARTFICIAL DISCLAIMS ANY LIABILITY RELATING THERETO.
Waiver and Indemnity
BY USING THE ARTFICIAL SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD ARTFICIAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE ARTFICIAL SERVICE, OR ANY ACTION TAKEN BY ARTFICIAL AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ARTFICIAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE ARTFICIAL SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ARTFICIAL'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
ARTFICIAL reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the ARTFICIAL Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this ARTFICIAL. Your continued use of the ARTFICIAL Service will be deemed acceptance thereof.
This Agreement constitutes the entire agreement between you and ARTFICIAL and governs your use of the ARTFICIAL Service, superseding any prior agreements between you and ARTFICIAL. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Artficial's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Artficial will not be responsible for failures to fulfill any obligations due to causes beyond its control. ARTFICIAL may notify you with respect to the ARTFICIAL Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the ARTFICIAL Service. Notices shall become effective immediately.
ARTFICIAL reserves the right to take steps ARTFICIAL believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ARTFICIAL has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as ARTFICIAL believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Artficial's right to cooperate with any legal process relating to your use of the ARTFICIAL Service and/or ARTFICIAL Products, and/or a third-party claim that your use of the ARTFICIAL Service and/or ARTFICIAL Products is unlawful and/or infringes such third party's rights).