FOR THE PUBLICATION OF CONTENT ON THE PLATFORM BY CONTRIBUTORS
Tribe Communication S.r.l., in the person of its legal representative pro tempore, Dr. Alessandro Fellegara, with registered office at Via Giambellino 11, Milan, VAT no. and tax code 05075270966
The Contributor who wishes to publish his Content on the Platform
- Tribe is a communication agency that was commissioned by Guidi 1896 to create a communication strategy for its communication channels;
- Tribe conceived and realized -on behalf of Guidi 1896- the Project and its Platform;
- the Platform is a publishing project promoting art in all its forms and expressions, a community, a heterogeneous network, and a digital open art gallery that can become home to artists from all over the world;
- Tribe intends to allow Contributors the opportunity to publish their own Content suitable for the Project on the Platform;
- the Contributor may be a user of the Platform, an artist, a professional in any field, the owner of any and all rights to the Content that he or she intends to publish on the Platform, of legal age, and with the capacity to act;
- the Contributor intends to grant Tribe the license to use the Content, authorizing it to upload and publish it on the Platform and on Guidi 1896 Channels;
- these TERMS AND CONDITIONS govern the mutual rights and obligations with respect to the publication of the Content;
All of the above being stated and considered the following is agreed upon and stipulated:
- Premises and definitions.
1.1. The premises form an integral and essential part of these Terms and Conditions.
1.2. For the purposes of these Terms and Conditions, the terms below in bold and in inverted commas and thereafter indicated by a capital letter shall have the following meaning:
– “Affiliates”: any entity that directly or indirectly controls or is controlled by Guidi 1896 S.r.l. or is subject to the same controlling entity;
– “Guidi 1896 Channels”: the social media channels owned by Guidi 1896, its websites, its newsletters, as well as other digital communication materials that are the subject of Guidi 1896’s advertising and marketing initiatives currently in use or that may be invented in the future, including any content conveyed through the metaverse;
– “Content”: any photo, text, graphic design, audio, video, multimedia work, or work of art that the Contributor uploads to the Platform;
– “Contributor”: a user of the Platform, an artist, a professional in any field who wishes to publish Content on the Platform, the owner of any rights to the Content they wish to publish on the Platform, who is of legal age and has the capacity to act;
– “Personal data”: first and last name, nickname, profession, picture, e-mail address, Content uploaded to the Platform, description of that Content, link to portfolio;
– “Duration”: means the term of these Terms and Conditions and beyond, for a time equal to the duration of the intellectual property rights applicable to the Licensed Content;
– “Purposes”: the purposes object of the License, consists in promoting the Platform and Guidi 1896 Channels and enabling users to find Content on the Platform and Guidi 1896 Channels;
– “Guidi 1896”: Guidi 1896 S.r.l., with registered office in Ponte Buggianese (PT), via Stignanese n. 76, VAT no. IT01235040472 and tax code 01235040472;
– “License”: the non-exclusive, royalty-free, worldwide, sub-licensable license to use the Content to Guidi 1896 and its Affiliates, for the Term and in pursuance of the Purposes;
– “Platform“: https://fulmine.art;
– “Project”: the “Ful/mine” project and the Platform realized by Tribe on behalf of Guidi 1896, consisting of a publishing project promoting art in all its forms and expressions, a community, a heterogeneous network, a digital open art gallery that can become home to artists from all over the world;
– “Terms and Conditions”: means these Terms and Conditions;
– “Tribe”: the licensee of these Terms and Conditions, Tribe Communication S.r.l., in the person of its legal representative pro tempore, with its registered office in Milan, Via Giambellino no. 11, VAT no. and VAT no. 05075270966.
2.1. By virtue of these Terms and Conditions, upon uploading its Content to the Platform and accepting these Terms and Conditions, the Contributor grants to Tribe, which accepts, the License on the uploaded Content, for the Term and for the Purposes.
2.2. The License includes the broadest faculty to combine with the Content one or more trademarks or distinctive signs owned by Guidi 1896 and/or the name of said company and/or one or more products marketed by Guidi 1896, or to mention, with a formula established at the discretion of Tribe or its licensor Guidi 1896, the brand names and/or products of Guidi 1896. Notwithstanding the foregoing, the License does not include the possibility of altering, modifying, processing, transforming and/or translating the Content in any way, creating derivative works from or combined with the Content, or associating it with other Content. Should the opportunity arise to process and/or modify the Content and/or associate it with other content, therefore, it is understood that Tribe may only carry out such activity after having obtained the express authorization to do so from the Contributor.
2.3. The Contributor also grants Tribe, which accepts, the right to use its Data, as entered at the time of the request to publish its Content on the Platform, in order to publish it, in whole or in part, on the Platform and on Guidi 1896 Channels, in conjunction and association with the Content itself, thus highlighting the authorship of the Content.
2.4. Tribe agrees to transfer to itself the right to use the Content and Data for the sole purpose of uploading and publishing the Content on the Platform and on Guidi 1896 Channels in conjunction with the Data.
3. Methods of execution.
3.2. Upon reception of the Content, Tribe, in conjunction with Guidi 1896, shall assess, at its sole discretion, the conformity of the Content with the Project and, if so, shall notify the Contributor of the acceptance of its Content.
3.3. Tribe is free to accept or not accept the Content for the purpose of its publication on the Platform and/or on Guidi 1896 Channels; in the event of refusal, therefore, no responsibility, negative consequence or claim for damages may be contested by the Contributor.
4. Unauthorised Use of Content.
4.1. Tribe shall only make use of the Content for the Purposes, any other use not expressly agreed to be unauthorized.
4.2. It is further understood that the Content may not be used either for unlawful purposes or in violation of copyright law.
5.1. The Contributor grants to Tribe, which it accepts, the right to sublicense the Content to Guidi 1896 and its Affiliates for the Purposes.
6.1. The Contributor guarantees that he/she is the sole and exclusive owner of the rights related to the Contents and also guarantees that their exercise does not interfere with the private rights of third parties. All rights to the Contents not expressly licensed under these Terms and Conditions shall remain with the Contributor.
6.2. The Contributor guarantees that the Content he or she proposes for publication on the Platform is original and does not violate the rights or reputation of third parties, does not violate the privacy and confidentiality of persons, does not harm the honour, decorum or reputation of third parties, does not incite third parties to carry out unlawful actions or, in any case, actions prohibited by national law, does not engage in unfair or misleading commercial advertising, does not incite aggression or vulgarity.
6.3. In case the Content proposed by the Contributor is subject to copyrights, exploitation rights, is owned by third parties or contains images and/or personal data of third parties, the Contributor declares and warrants that he/she has obtained all licenses, rights, authorizations permissions and consents necessary to allow Tribe to publish the Content under the License, including the authorization – by way of example – of actors, speakers, designers, musicians and any other figure involved in the Content, as well as of the owners of any trademarks and/or distinctive signs and/or patents and/or models and/or trade secrets contained in the Content.
6.4. The Contributor further declares and guarantees that he/she is 18+ years of age and has the capacity to act pursuant to Art. 2. Civil Code.
6.5. The Contributor is solely responsible for his Content. The Contributor, therefore, is legally liable if he/she publishes Content without the permission of the author or owner or the person depicted in such Content, as well as being liable for any defamatory statements made therein or other violations of law committed by the publication of the Content.
6.6. The Contributor undertakes to exempt and hold harmless Tribe and its sub-licensees, such as Guidi 1896, from any and all liability, claims for damages, losses, costs, charges or expenses (including legal ones) in connection with any claim or action by third parties claiming intellectual property or any other right, including personal data protection rights, on the Content licensed by the Contributor under these Terms and Conditions.
6.7. The exemption set out in Article 6.6 above shall not apply if the claim of a third party relates to a breach of these Terms and Conditions by Tribe or from modifications or combinations of the Licensed Content that have not been provided or authorized by the Contributor.
7.1. In the event that Tribe, following notification or at its sole discretion, considers that the Content published on the Platform and on Guidi 1896 Channels violates the intellectual property rights of third parties or infringes any legislation in force, it may take appropriate measures, including the removal of such Content from the Platform. In this case, it is hereby understood between the Parties that the Contributor shall not be liable in any form whatsoever to Tribe or its sublicensees and/or make any claims for damages against them.
8. Duration and Withdrawal
8.1. These Terms and Conditions shall be effective from the date of their acceptance until the duration of the Project or the date of termination or cancellation of the Terms and Conditions by either Party.
8.2. Either Party may terminate the Terms and Conditions in writing, by e-mail -which for the Contributor shall consist of the e-mail address communicated at the time of uploading the Content and acceptance of the Terms and Conditions on the Platform-, with a notice period of 30 (thirty) days.
8.3. The Contributor acknowledges that the exercise of the right of withdrawal will result in the removal of the Licensed Content from the Platform and Guidi 1896 Channels within the term of the Terms and Conditions. Such removal and/or the termination of the exploitation of the Licence will not apply to Content that has been embedded on fixed media, exclusively as long as it is embedded on fixed media and for as long as such fixed media exists.
9. Express termination clause.
9.1. Either Party may terminate these Terms and Conditions upon written notice to the other Party by e-mail in the manner set forth in Article 8.2 above, if the other Party:
- commits a serious breach of these Terms and Conditions without remedying it within 30 days of receipt of written notice to that effect from the other Party, sent by e-mail;
- is unable to fulfill its obligations under these Terms and Conditions for more than 30 days due to force majeure.
9.2. In the event of termination of the Terms and Conditions, the provisions of Article 8.3 above shall apply for the removal of Platform Content.
10. Uniqueness of Terms and Conditions, Amendments, Partial Invalidity.
10.1. The provisions of Sections 6.1, 6.2, 6.3 and 6.4 (warranties) and 11 (privacy) shall remain valid and effective even after the expiry of these Terms and Conditions.
10.2. Any amendment of these Terms and Conditions, in order to be valid and effective, must result from a written agreement, the verbal amendment of this clause also being excluded.
10.3. Should one or more provisions of these Terms and Conditions for any reason be or become invalid, unlawful or incapable of fulfillment or performance in any respect whatsoever, in whole or in part, the validity of the remaining provisions of these Terms and Conditions shall not be affected thereby.
10.4. Any forbearance of either Party with respect to the conduct of the other constituting a breach of the provisions of these Terms and Conditions shall not be construed as a waiver of the rights arising out of the breached provisions, nor of the right to demand proper performance of all terms and conditions contained in these Terms and Conditions.
11.1. In accordance with and to the effects of EU Regulation 679/2016, Tribe, as data controller, informs the Contributor, as a data subject, that the Data shall be processed, also with the aid of electronic means, in order to execute the activities envisaged by these Terms and Conditions, pursuant to art. 6.1, letter b) of EU Regulation no. 679/2016, or in order to implement obligations provided for by current legislation, pursuant to art. 6.1, lett. c) of EU Regulation no. 679/2016, by persons authorized to carry out such tasks, duly appointed as data processors or persons in charge of the processing, equipped with security measures to ensure the confidentiality of the Contributor to whom the Data refer and to prevent undue access to third parties or unauthorized personnel.
11.2. Tribe undertakes to process the Data in compliance with the provisions of EU Regulation no. 679/2016, with the sole purpose of executing the services charged to it and fulfilling the related legal obligations. The Contributor acknowledges the circumstance that this processing is compulsory, as it is carried out in the performance of a contractual obligation and of a consequent legal obligation, with the consequence that any refusal to provide it would not allow the fulfillment of these Terms and Conditions and also undertakes to process the Data in a lawful and fair manner, collecting and recording the same exclusively for the aforementioned purposes and taking care to verify that the Data are relevant, complete and not excessive in relation to the purposes for which they are collected or subsequently processed.
11.3. Tribe also acknowledges that the Data shall be made public on the Platform and on Guidi 1896 Channels in accordance with the terms and conditions of these Terms and Conditions and that it shall be communicated to Guidi 1896 and its Affiliates in the execution of the aforementioned agreement.
11.4. The Data will be processed for the period of execution of these Terms and Conditions, after which it will only be retained in fulfillment of the relevant legal obligations and/or for defensive purposes.
11.5. To the Contributor are guaranteed the rights as per articles 15 et seq. of the EU Regulation no. 679/2016, essentially consisting in the right to receive information from Tribe regarding the existence of the processing of his/her Data, as well as to access his/her Data, to have it rectified, supplemented, updated, erased or blocked; the data subject shall also have the right to obtain a copy of his/her Data, to obtain a restriction of the processing and/or to object to its processing, in addition to the right to Data portability and to lodge a complaint with the competent supervisory authority, which in Italy is the Garante per la Protezione dei Dati Personali.