Each juridical relationship between the visitors and the owners of this Site will be regulated by – art. 57 of L. 218/1995 – of Italian law; the rights of the original works, considering the circumstance that the server is located in Italian territory they will be regulated by art. 54 of the same law.
You must be at least 18 years old to use the Service. In no case the use of this service will be allowed to persons who haven’t reached adult age according to the laws of the country it is used in.
SapiensArt’s objective is a game that consists in the publication of images in its site. They are considered as such: Paintings, Sculptures, Photographs, Music and Literature of original making of the players who assume the part of Artists. Such images will be evaluated freely by other players that will assume the part of the Art Critics. The game foresees a final point classification for both: The Artists and the Art Critics and based on that, the awards shown in the site’s rules will be granted. Such awards will not consist in money, or any other goods of economic value, it offers instead the opportunity of gaining notoriety. The game has the intention of producing art and literary pieces and the awards have the only finality of awarding the author’s merit encouraging and promoting the art form diffusion in the single interest of the collectivity.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Sapiens Art prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Sapiens Art upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
You agree that you will not solicit, collect or use the login credentials of other Sapiens Art users. You are responsible for keeping your password secret and secure.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.
There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Sapiens Art does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Sapiens Art is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Sapiens Art has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Sapiens Art Parties (defined below) harmless for activity related to the Application.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Sapiens Art may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
SapiensArt accounts have not been created for commercial use therefore SapiensArt will not warrantee such use by the user. SapiensArt will not be held responsible in reference of such eventuality.
Whoever uses this service is aware that:
(A) The fatherhood of the original work constituted by the building of the site, game, design, contents and denomination and of any distinguishing data or identification correlated and protected of national and international laws in matter of patents and copyright, being what above registered at the CCIAA of Alessandria following the legislative laws;
(B) The site’s domain name has been registered;
(C) The law, to which the user of the service accepts throughout his registration in the Terms of Service protect the integrity and originality of the base idea of SapiensArt’s site just as well as its realization, so that any damaging practice ( with simplified and non exhaustive exampling the servile imitation, the development of similar activities without the permission of who holds the rights, boycott, disturbance of using rules) of the above mentioned right will mean a law violation and bring responsibility to the maker.
Although it is Sapiens Art's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Sapiens Art reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Sapiens Art, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Sapiens Art encourages you to maintain your own backup of your Content. In other words, Sapiens Art is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Sapiens Art will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure
It is Sapiens Art's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Sapiens Art does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Sapiens Art is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
We provide you with tools to help you protect your intellectual property rights (e.g. placing a watermark on some uploaded contents). In any case the user of the service accepts that SapiensArt may not be held responsible by any means for violation of the rights of Intellectual property done by third parties that have got possession of the images published in this site.
The service, including, without limitation, Sapiens Art content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, neither Sapiens Art nor its parent company nor any of their employees, managers, officers or agents (collectively, the "Sapiens Art parties") make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the Sapiens Art content; (c) user content; or (d) security associated with the transmission of information to Sapiens Art or via the service. In addition, the Sapiens Art parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The Sapiens Art parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses.
By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service, dispensing Sapiens Art from any responsibility to the regard.
The Sapiens Art parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content. Under no circumstances will the Sapiens Art parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the Sapiens Art content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the Sapiens Art parties or law enforcement authorities regarding your or any other party's use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service's operation; or (h) any damage to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Sapiens Art parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the Sapiens Art parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury.
You agree that in the event you incur any damages, losses or injuries that arise out of Sapiens Art's acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Sapiens Art parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Sapiens Art parties.
By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.
Sapiens Art is not responsible for the actions, content, information, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Sapiens Art to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Sapiens Art provides.