INTRODUCTION

By using this web site you agree to these Terms of Service. If you do not agree to these terms of use, please do not use this web site. WhazART proprietors reserve the right, at their discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these terms periodically for changes. Your continued use of this web site following the posting of changes to these terms and rules will mean you accept those changes even if the changes to terms occurred after you signed up.

  • 1. USE OF MATERIALS

    Unless otherwise noted, all texts, images and videos inserted by signed-up members in WhazART's websites: whazart.com , whazart.net, whazart.org, whazart.info, whazart.eu and whazart.it (hitherto called "web sites" or "web site") are protected by Copyright and remain property of members who inserted the content, but the same content is automatically licensed to WhazART, wich can use that in communication and promotion within WhazART web sites and/or printed material. No content from WhazART web sites may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way without permission either from user who inserted the content or WhazART proprietors. If you wish to create a link to the WhazART web sites, you may do so provided you inform the WhazART proprietors and agree to cease such a link upon request from the WhazART proprietors.

  • 2. RESPONSIBILITIES FOR CONTENT

    Those persons who upload text, images, or videos onto WhazART web sites are personally responsible for the texts and for the visual content of the uploaded images. WhazART proprietors reserve the right to remove any defamatory, libelous, or obscene texts or images which might violate rights of any party or give rise to liability or violate any law.

  • 3. CHILDREN & MINORS

    The web sites and related content and services are directed to adults: to be eligible to enter into WhazART and to use the related Services you must have the "Minimum Age" as described in Section 2.3. of the User Agreement. WhazART proprietors cannot prohibit minors from visiting the Web site. Parents, guardians and those persons responsible for supervising children and minors must decide which materials are appropriate for them.

  • 4. FREE MEMBER ACCOUNT

    Everyone can sign-up for a FREE personal account on WhazART web site. There are two types of member accounts in WhazART: BASIC and PROFESSIONAL. The BASIC ACCOUNT is free; the PROFESSIONAL ACCOUNT is for a fee. The BASIC ACCOUNT membership is permanent until the eventual cancellation by the member, but its services are limited. The PROFESSIONAL ACCOUNT membership is annual, subject to renewal fee; the possible non-renewal by the member will not determine the cancellation of the related BASIC ACCOUNT. Only Professional Members can take advantage of exclusive, specific and advanced WhazART's services, including the service called ArtMatch System©. Each member chooses his or her member's name and password, which is unique, but can be changed. Each member is responsible for maintaining the confidentiality of his or her password, as well as all activities which are begun or occur under the member's name (see also Section 2.4 of the User Agreement). Members must fill out all the requested registration boxes to obtain a WhazART account. Any password you choose or given to you to obtain information is not transferable to another individuals or organizations. The WhazART proprietors reserve the right to refuse membership and/or cancel existing member accounts and their contents, without warning or reimbursement of entry fees, if they consider the member's behaviour online to be manifestly offensive, difamatory, obscene or irregular to the normal conduct of this online community: the interpretation of this conduct will be WhazART proprietors' sole interpretation. See more in Section 9.2 of the User Agreement about "DON'Ts".

  • 5. COMMUNICATION AND UPLOADS BY MEMBERS

    Members are responsible for the content of their uploads and communications (see 'Responsibilities for content'). WhazART proprietors have the right, but not the obligation, to monitor and edit/remove any communications and/or content, in violation of the above and change if necessary member's status online. Once verified, members are free to use their accounts limited to the subscribed Services. All private and public communications by the members must be related to artwork, events or people, and not a form of spam or unsolicited advertising. WhazART proprietors reserve the right to suspend or cancel a member's status following reports of abuse of communication sent by other members. If members choose to utilize communication tools such as the 'Share' button provided by WhazART, they do so giving consent to WhazART to distribute the contents and/or links via this service under the member's responsibility.

  • 6. COMMUNICATION BY WHAZART TO MEMBERS

    Through their sign-up, members accept to receive periodic communications and/or information newsletters from WhazART about its activities and news. Subsequently, members will be free to choose the type of communication and/or information newsletters and its periodicity ticking off the related boxes in their 'profile' administration page.

  • 7. INDEMNIFICATION

    You agree to indemnify, defend and hold WhazART and their proprietors harmless from any liability, loss, claim and expense, including reasonable lawyers fees, related to your violation or alleged violation of this agreement or use of the Web sites (see also Section 2.5 of the User Agreement).

  • 8. DISCLAIMER

    WhazART founders, proprietors, partners, officers, directors, agents, subsidiaries and employees, are not responsible for any incorrect or inaccurate content posted on the web sites, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the web sites whether online or offline. WhazART assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. WhazART is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web sites. Under no circumstances shall WhazART be responsible for any loss or damage resulting from anyone's use of the Web sites or events related to WhazART offline work and/or activities, and/or any content posted on the web sites or transmitted to WhazART. The Web sites and WhazART's offline works and/or activities are provided "AS-IS" and WhazART proprietors expressly disclaim any warranty of fitness for a particular purpose or non-infringement. WhazART cannot guarantee and does not promise any specific results from use of the Web sites. Please see more in Section 5. of the User Agreement.

  • 9. LIMITATION OF LIABILITY

    Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event WhazART will be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use the Web sites, even if WhazART has been advised of the possibility of such damages. You further agree to hold WhazART, including its founders, partners, officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user's profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, WhazART's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to WhazART for the Service during the term of Membership (see Section 6. of the User Agreement).

  • 10. JURISDICTION

    The web sites are the property of WhazART proprietors and are operated from offices in Italy. WhazART makes no representation that contents uploaded by users on the Web sites are appropriate or available for use in other locations. Those who choose to access the web site from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or content under any or all jurisdictions and the compliance of that information or content with local laws, if and to the extent local laws are applicable. All users, including those users who access the Web sites from a country other than Italy, agree that the laws of Italy shall govern any dispute, including those arising from the use of personal information or otherwise relating to privacy by WhazART, as specified in the WhazART Privacy Policy (see also Section 8. of the User Agreement).

  • 11. NOT LEGAL ADVICE

    The content contained on the web sites has been prepared by WhazART as a service to its Members and the Internet community and is not intended to constitute legal advice. WhazART has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the web site. Users of information from the web site or links do so at their own risk.

  • 12. OTHER PRODUCTS

    Any reference made by the Web sites to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favouring by WhazART. Content on the Web sites may be provided by third-parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third-parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of WhazART.

  • 13. LINKS TO OTHER WEB SITES AND SERVICES

    To the extent that the Web sites contain links to outside services and resources, WhazART does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

  • 14. TO UNSUBSCRIBE FROM WHAZART

    Either directly from your user "edit profile" by clicking on 'delete profile' then confirm unsubscribe.

  • 15. HOW TO CONTACT WHAZART

    For any questions or further information about these Terms of Service, please contact WhazART online by this CONTACT FORM.