• 1. INTRODUCTION

    WhazART desires to offer Users an innovative and advanced Art Platform where all Members share truthful and accurate information. WhazART respects the intellectual property rights of others and desires to offer an Art Platform which contains no content that violates those rights. WhazART User Agreement requires that information posted by Members be accurate, lawful and not in violation of the intellectual property rights of third parties.

    All content of WhazART website, including but not limited to domain name(s), services, texts, graphics, images, photos, videos, audio, sound, postings, messages, tags, data, coding, scripts, software, computer programs, marks, trade names, trademarks, registered trademarks, service marks, logos, headlines, captions, bodytexts, designations, distinctive brand features and/or any other materials contained on (and/or incorporated in) the Web Site or in commercially produced information presented to you through the Web Site by WhazART or WhazART’s third-party licensors (collectively "Materials" or “Site Content”) is protected by copyrights, trademarks, registered trademarks, service marks, patents, licences, consents, permissions, authorizations, rights, titles, interests, intellectual property rights (whether these rights happen to be registered or not, and wherever in the world these rights may exist), ownership rights or other proprietary rights, legal rights, agreements and laws, and is owned or controlled by WhazART proprietors or by third parties that have licensed their Materials to WhazART.

    The use of WhazART’s Services do not grant with a license or the authorization to use the name and/or logo(s) of WhazART or any of the WhazART’s trademarks, registered trademarks, service marks, patents and/or any other Materials covered by copyrights. All rights in and to the Materials not expressly granted to Users in the WhazART’s Terms and User Agreement are reserved: Users are only permitted to use the content as expressly authorized herein or in writing by WhazART. WhazART’s Terms and User Agreement do not transfer any right, title or interest in the Web Site or the Site Content to Users, and WhazART and third-party licensors retain all of its and their respective right, title and interest to the Web Site and Site Content. Neither the availability of, nor anything contained within the WhazART website shall be construed as conferring any license under any of WhazART’s or any third party's intellectual property rights, other or further than as expressly provided in WhazART’s Terms and User Agreement, whether by implication, estoppel or otherwise.

    Portions, features and/or functionalities of WhazART’s products and/or services are protected under WhazART patent applications, patents or licences.

    All other trademarks and/or logos mentioned and/or displayed in the WhazART website and their related services are the property of their respective owners. The trademarks and/or logos mentioned and/or displayed in the WhazART website and their related services may not be used without the prior written consent of their respective owners.

    Using WhazART website(s), its Services, or its pages (collectively “Platform”) the User acknowledges and agrees:

    1. that he/she (the User) is responsible for protecting and enforcing all the above rights – of whatever kind they may be – and that WhazART has no obligation to do so on his/her behalf;

    2. that he/she (the User) will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) wich may be affixed to or contained within WhazART Platform;

    3. that in using the WhazART Platform, he/she (the User) will not use any trademark, registered trademark, trade name, service mark, logo, distinctive brand feature or confusingly similar marks of any company, organization, or institution (included WhazART) in a way that is likely or intended to cause confusion about the owner, authorized, or licensed User of such mark, name, logo or distinctive brand feature;

    4. that he/she (the User) will not take any action or post content on the WhazART Platform that infringes or violates someone else’s rights or otherwise violates the law;

    5. that he/she (the User) will not post anyone’s identification documents or sensitive financial information on the WhazART Platform;

    6. that he/she (the User) will not modify, alter, translate, or otherwise create derivative works of any part of the WhazART Platform;

    7. that he/she (the User) will not decipher, decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the WhazART Platform.

    Commercial use of any part of WhazART website without express authorization, permission and/or written consent by WhazART is strictly prohibited: unauthorized use of the Materials may violate copyrights, trademarks, and other laws. User may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Materials or "thumbnails" of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials or any portion thereof on any other Site, or in any publication, database, catalogue or compilation, or in a networked computer environment for any purpose other than personal browsing of the Site without the express prior written permission by WhazART is strictly prohibited.

    The User acknowledges and agrees that WhazART owns all database, compilation, collective and similar rights, title and interest worldwide in WhazART’s information databases, and all information and derivative works generated from those databases.

  • 2. PERMISSIONS AND RESTRICTIONS

    Except as provided in the WhazART’s Terms and User Agreement, the User may not use, download, upload, modify, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Site Content or information from the Web Site, in whole or in part, without the express permission of WhazART. Requests for such permission should be made by contacting WhazART by this CONTACT FORM.

    The User may without WhazART’s permission download, view, copy, retransmit and print Site Content, but only if:

    • The Site Content is used solely for personal, informational, or internal business purposes;
    • The Site Content is not provided, sold, licensed or leased (nor is access provided to the Site Content) for any fee or other consideration;
    • All copyright, trademark and other proprietary rights notices included in the Site Content and on the Web Site, appear on all copies;
    • The Site Content is not modified or altered in any way;
    • No graphics, photographs, images, videos are used separately from accompanying text.

    The trademarks, marks, trade names, registered trademarks, logos, service marks, distinctive brand features, titles and any other designations displayed on the Web Site are the property of WhazART or its licensors. WhazART and all the brands of other WhazART services and/or products shown herein are the trademarks or registered trademarks of WhazART. Other trademarks and/or logos belong to their respective owners.

    UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WHAZART WEBSITE IS PROHIBITED.

    Nothing contained in the Terms, in the User Agreement or in the Materials on the WhazART website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Materials in any manner without the prior written consent of WhazART or such third-party that may own the Materials or intellectual property displayed on this Web Site. In addition, use of the Site Content or Materials for any purpose not expressly permitted in the WhazART Terms and User Agreement is prohibited.

    THE USER SHALL NOT COPY OR ADAPT THE HTML CODE THAT WHAZART USES TO GENERATE ANY SITE CONTENT OR THE PAGES MAKING UP WHAZART WEBSITE.

  • 3. COMPLAINTS REGARDING POSTED CONTENT

    In accordance with the WhazART’s Terms, User Agreement and these procedures, and regardless of whether WhazART may be liable for any alleged violation of rights or inaccurate or unlawful content, WhazART may remove or disable access to specified content appearing on the WhazART website upon receipt of a verified notice asserting that the content infringes intellectual property rights, is inaccurate, or is otherwise unlawful. Whether or not we disable access to or remove content, WhazART may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User that WhazART has received notice of an alleged violation of intellectual property rights or other content violation. The User may refute a claim by submitting a counter-notice as permitted in these procedures. Any counter-notice submitted may be provided to the complainant with the User’s contact information. WhazART policies and procedures for removing or disabling access to content alleged to be infringing, inaccurate or otherwise unlawful are and remain at WhazART sole discretion. It is also WhazART’s policy, in appropriate circumstances and in WhazART discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who may infringe or repeatedly infringe the intellectual property rights of others, or who otherwise post inaccurate or unlawful content.

  • 4. CLAIMS REGARDING COPYRIGHT INFRINGEMENT

    Notice of Copyright Infringement

    If you are aware of material on the Web Site that infringes copyright, or if you believe that your work has been copied and has been posted to the Web Site in a way that constitutes copyright infringement, please contact WhazART by providing the notice of your complaint with the following information in writing:

    • The electronic or physical signature of the owner of the copyright that has allegedly been infringed or a signature of the person authorized to act on behalf of the owner of the copyright interest;
    • Identify the copyrighted work that you claim has been infringed or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;
    • Identify the material that is claimed to be infringing, with information about its location reasonably specific to permit WhazART to locate the material;
    • Your name, address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    • A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

    Counter-Notice

    If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, providing a written communication which contains:

    • Your electronic or physical signature;
    • Identification of the material removed or which access has been disabled;
    • A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
    • Your name, telephone number and e-mail, and a statement that you consent to the jurisdiction of an Italian court, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

    Please note that any notification (notice or counter-notice) the User submit to WhazART must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

    To be effective, the User notification (notice or counter-notice) must be in writing and include all the above information.

    Please submit beforehand your notification regarding Copyright Infringement (notice or counter-notice) to WhazART by this CONTACT FORM: as soon as received your notification (notice or counter-notice) WhazART will send you the submission form you have to fill out, that showing the information about WhazART’s Designated Copyright Agent to whom your notification (notice or counter-notice) must be sent afterwards.

    WhazART will process the notification (notice or counter-notice) in accordance with its policies and procedures which remain in its sole discretion.

  • 5. CLAIMS REGARDING CONTENT AND INTELLECTUAL PROPERTY VIOLATIONS (OTHER THAN COPYRIGHT INFRINGEMENT)

    To notify WhazART that you in good faith believe that content posted by a User on WhazART website infringes your intellectual property rights (other than Copyright, as explained in above 4. Section) or is inaccurate or unlawful, you may send a Notice to WhazART by this CONTACT FORM.

    Contrariwise, if you believe a Notice was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may send a Counter-Notice to WhazART by this CONTACT FORM.

    Any assertions made by you in submitting your notification (notice or counter-notice) under penalty of perjury.

    Please submit beforehand your notification regarding Content and Intellectual Property Violations (notice or counter-notice) to WhazART by this CONTACT FORM: as soon as received your notification (notice or counter-notice) WhazART will send you the submission form you have to fill out, that showing the information about WhazART’s Content Complaint Manager to whom your notification (notice or counter-notice) must be sent afterwards.

    WhazART will process the notification (notice or counter-notice) in accordance with its policies and procedures which remain in its sole discretion.