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الشروط والأحكام

updated to 25nd May 2018


INTRODUCTION
DEFINITIONS

-Conditions: the “terms or conditions” hereafter, which discipline the modalities of access to the website.
-Users: a user is a person who accesses Arcadja’s websites or uses them, regardless of whether they are registered users of these websites or subscribers or users registered to a service offered through one of Arcadja’s websites.
-Unregistered user or Guest: a guest is a person who accesses Arcadja’s sites without being a registered user.
-Registered User: a registered user is a user who has registered on Arcadja through one of its sites. Only people over the age of 18 can become registered users.
-Subscribed user: a subscribed user is a user who has bought any of Arcadja’s services with fee.
-Services: Arcadja’s services include the content which can be used through Arcadja’s websites (www.arcadja.com, artmagazine.arcadja.com, artmagazine.arcadja.it and any other site managed by Arcadja), including relative newsletters and any other article or content offered. Arcadja publishes on its website information relative to works of art available on the market. Arcadja dissociates from the content of the works and the author’s thought, being limited to the publication of images and of information.
-Trademarks: the following are considered Arcadja’s trademarks: Arcadja, Arcadja Auctions, Arcadja ArtMagazine, MyArcadja.

-ACCESS
By accessing one of Arcadja’s websites or its contents, by consulting them or downloading, posting or uploading information to these sites or other use of the latter or of their content as a registered user or an unregistered guest, the user agrees to comply with these conditions.
If the single websites contain specific norms, regulations, codes of conduct or further conditions or instructions for the user, users accept to comply equally with them. In the case of conflicts or incompatibilities, the Conditions hereafter are to be considered binding. Failure to accept these conditions will mean that users will not be able to use the site and Arcadja’s services
Users can interrupt at any moment their subscription, for any reason, by informing us opening a ticket on http://support.arcadja.com

1 -
Any personal data provided by the user will be processed according to the terms and modalities of our privacy policy and however in compliance with the European Regulation n. 679/2016.

2 –
Arcadja provides an online resource intended for the art world, which allows users to access and share information relative to art. This contract contains the legally binding terms for the use of Arcadja’s services. If you are a registered user using Arcadja’s services you accept to be bound by this agreement. You are authorized to use Arcadja’s services if you agree to comply with all the laws which apply and with this contract. Please read carefully this contract. If you do not agree with it, you should leave Arcadja’s site and immediately stop using Arcadja’s services. If you wish to become a registered used, communicate with other users and use Arcadja’s services, please read this agreement and give your consent during the registration process.

3 –
Arcadja’s websites or some of their parts may present contents which are suitable only for adults.
Registered users, who must be over the age of eighteen, must also make sure that the images are not used by children under the age of eighteen.

4 – Registration And Subscription.
The use and subscription to Arcadja’s services are allowed for legitimate uses.
Access to some areas and the use of some functions of Arcadja’s sites may require registration. If users register to become registered users they agree to provide truthful, accurate, updated and complete information about themselves as requested by our registration form (including their e-mail address) and make sure that the information regarding them is always accurate, updated and complete.
Users take note that if any information provided is untrue, imprecise, obsolete or incomplete (and if, in the case of information which has not been updated, users fail to update their information upon request), we reserve the right to terminate their use of Arcadja’s services.
However Arcadja reserves the right to suspend or block a user in case of suspicious or malicious activity, to proceed with the investigation of the case. If users are given a password (whether it is chosen by them or provided by Arcadja), they are responsible for keeping it secret and using their password and username and shall not give it to third parties, without Arcadja’s consent.
If there should be any reasons to believe that the account is no longer safe, users must promptly notify us of the problem sending an e-mail to support@arcadja.com.
Subscribed users, if qualifiable as “consumers”, have the right to withdraw from the contract, without being penalized, within 30 working days from the day of registration, by sending an e-mail to the address support@arcadja.com, or a written communication sent with recorded delivery with acknowledgement of receipt within 48 hours, to Arcadja via Cassala 44, 25100 Brescia –ITALY.
PLEASE NOTE:
If you need to ask for a refund you must ask within 7 days after the payment date.
After 7 days we cannot provide refund whatever is your issue.
If you need a refund please write as soon as possible to info@arcadja.com. If you cannot write a mail get in touch with us in any other way.
We will answer in a few days and, after having checked your question, we will begin the refund procedure.

5 – Copyrights. Trademarks. Properties.

All rights related to trademarks, copyrights, databases and other intellectual properties of Arcadja’s services, such as the organization and the graphics as well as the layout of the latter, are property of Arcadja, and it is forbidden to reproduce, copy, modify, alter, publish, distribute or sell them, whether they are relative to any part of content of the sites or of the source code, even only in part, if not with the owner’s authorization. All rights are reserved.
Arcadja has and maintains all the rights of the content of Arcadja’s services.
In no way it is allowed to use Arcadja’s trademarks, without written consent by the firm.
Arcadja reserves the right to take any legal action considered opportune, against anyone who violates the dispositions outlined above.
It is not allowed to send, modify, distribute, or reproduce in any way the material protected by copyright, trademarks, or other reserved information which belongs to others, without previous written consent by the owner of such reserved rights.
If you believe that your work has been copied and sent to Arcadja’s services representing a breach of your copyright, please provide support@arcadja.com with the following information:
    (i) an electronic or written signature of the person authorized to act on behalf of the copyright owner;  
    (ii) a description of the work protected by copyright which according to the user has been breached;
    (iii) a description of the point where the material, which according to the user is being breached, is located on Arcadja’s services;
    (iv) the address, telephone number and e-mail address of the user who is making the notification;
    (v) a statement, in which the user declares that they are acting in good faith and have founded reasons to believe that the use notified has not been authorized by the copyright owner, by their relative agent, or by the law;     (vi)a statement attesting that the information provided in the notification is exact and that they are the copyright owner, or the person authorized to act on behalf of the copyright owner. Arcadja’s copyright agent for the notification of claims of breach of copyright can be contacted at the e-mail address support@arcadja.com. If the statements should reveal to be false, Arcadja reserves the right to take legal action against the declarer.

6 – Allowed uses.
Arcadja’s services, access to the websites and their use, including the viewing, downloading, duplication of data, graphics, images, photos, sketches, descriptions, information and collections of texts, videos, audios, utilities, software (including applets) and collections of software, drivers and other utilities, the content of every newsletter sent by e-mail or similar communications sent by Arcadja or on behalf of Arcadja as well as the remaining contents are intended exclusively for the users’ personal use and cannot be used in relation to any commercial activity, nor be forwarded to third parties.
Users can print up to 1 (one) copy of the content available in Arcadja's services, only for their personal use and not for further distribution.
Illegal and/or unauthorized use of Arcadja’s services, including the collection of the users’ usernames and/or e-mail addresses, through electronic or other means, with the purpose of sending unrequested e-mails or unauthorized alterations, or connecting to Arcadja’s services, or the use of their relative content, is forbidden and Arcadja declines any responsibility for the use that users make of the site contents.
Commercial adverts, links and other forms of invitations sent, can be removed without notice and may imply the termination of the user’s privileges.
The uses allowed are only the ones mentioned in the conditions of use of Arcadja’s services and in the case of legal disputes between contending parties the laws and regulations in force in Italy will be applied.
In particular, users are not allowed to publish or transmit any information through Arcadja’s sites which may result to be obscene, libellous or in any way illegal; to use Arcadja's services in a way that breaches any of their own or other people's rights; to use any software, routine or instrument to interfere or try to interfere electronically or manually with the operations or functions of Arcadja’s sites even by uploading files containing viruses or corrupted data; to modify or alter the graphical appearance of the sites; to obtain or try to obtain unauthorized access to the structures of the latter; to try to impersonate another user or person; to use the account, username or password of another user at any time, or reveal the password to others or allow anybody to access their own account; to sell or transfer their own profile; to make any automated use of the system, like using scripts to register friends or transmit comments or messages; to use Arcadja's services in a way that may be incompatible with some and/or all of the laws and regulations that apply.

7 –
The availability of contents of the websites and/or services, available in or by means of Arcadja’s services, can be wholly or partly related to the purchase of a subscription by the user. Purchasing a subscription is allowed only to people over the age of eighteen by paying up front the price of the package chosen.
Users can request the cancellation of a subscription by contacting Arcadja at the address support@arcadja.com.
The costs of services may be modified at any time.
Arcadja will make every reasonable effort from a commercial point of view to communicate promptly these variations to users who are subscribed to contents and/or services with fee.
If users wish to obtain or download paid contents through one of Arcadja’s sites or in connection to the latter, they provide at the same time the guarantee and assurance that their access/reception set supports such downloading/reception and is compatible with the format of the contents requested.
Once such contents have been downloaded/transmitted:
    a- it is no longer possible to refund the amount paid up front;
    b- the user can save the contents on the equipment for which they are intended. However, it is strictly forbidden to save them on a different support, to elaborate or modify them, to copy, distribute or forward them to third parties or allow third parties to have access to these contents.

8 – Site Updates.

Arcadja can carry out any update or change to the information, services, products or any other material on their sites or deactivate them at any time, as well as modify these Terms and Conditions at any time. Such changes will be effective from the moment they are published on the relative page of this Site.
Arcadja may communicate changes to these Conditions (or to other contents of its websites) by publishing them on this website or by other means of communication. Users who access the websites after the changes have been published or communicated by other means, are bound by these, even if they have not viewed the page on which the changes or new conditions have been published. Therefore, we suggest checking regularly for any updates to these Conditions.

9 – Controversies between users.

The user is the only person responsible for the use of the site and possible communications with other users. Arcadja has the faculty, but not the obligation to moderate any controversies between users.

10 – Decline of responsibility.

All of Arcadja’s contents and services are made available “as they are” and “as available”; moreover, Arcadja dismisses (in the widest extension allowed by the laws in force) any type of guarantee or assurance, explicit or intended as implicitly agreed, on Arcadja’s contents and services, including concluding guarantees of negotiability, satisfying quality, aptitude for a determined purpose and respect of the rights of protection of the intellectual property of third parties.
Arcadja is not responsible for any incorrect or imprecise content sent on Arcadja’s websites or relative to Arcadja’s services caused by users of Arcadja's services or by any equipment or setting connected or used in Arcadja’s services.
The content realised and sent by users and/or partners of Arcadja, such as auction houses, museums and art galleries may contain on Arcadja’s sites links to other websites or contents sent by third parties. Arcadja is not responsible for the content, the preciseness or the opinions expressed on such sites, and such sites are in no manner examined, checked or verified by Arcadja for their precision or integrity. The inclusion of any link to other websites from Arcadja’s services does not imply the consent or approval of the link to the website by Arcadja.
When accessing sites which belong to third parties, users act under their own responsibility and at their own exclusive risk. Arcadja is not responsible for the publicity of third parties sent on Arcadja site’s or through Arcadja’s services, nor is it responsible for the products or services provided by the relative publicity services, independently of the fact that Arcadja has allowed the initial contact between the user and the service provider .
Arcadja is not responsible for the conduct, both online and offline, of any user of Arcadja’s services. Moreover, our firm does not take charge of any error, omission, interruption, defect, delay, bad communication line, theft, destruction, unauthorized access to the sites, alteration of any use or user.
Arcadja is not responsible in the case of reduced or lacking service due to technical disorder of any telephone system or line, online computer system, servers or providers, IT material, software, e-mail damage due to technical problems or congestion of Internet traffic or of any of Arcadja's services or of the combination (concomitance) of all of this, including insult, damage to users or to their computers.
Arcadja does not answer for the contents of works. Consequently, the firm does not answer for any damage deriving from images or contents which may be violent, offensive and of any nature which may cause upsetting or any other reaction to the user.

11 – Surety. Indemnity.

The user agrees to indemnify and keep Arcadja, its branches and respective agents, representatives, partners and employees, indemnified against any damage, loss, claim or expense (legal or notarial expenses) relative and consequent to a breach of these Terms and Conditions, as well as against any use of Arcadja’s sites and/or services offered by them and/or requested by the user.
Messages sent on Internet cannot have the guarantee of complete safety, as they can be intercepted, lost or modified. Arcadja declines any responsibility with regard to any message sent.
Arcadja cannot guarantee against interruptions of access to its sites, or changes to the latter due to errors or that any information, detail, content, software or any other material that is accessible through the sites are free from bugs, viruses, worms, Trojans or other dangerous objects.
Arcadja adopts all the suitable measures to guarantee that all the information transmitted to its sites remain confidential and protected from unauthorized access, but it does not guarantee that any unauthorized access to this information is denied.
Arcadja is not responsible for any direct, indirect, loss or impossibility to use the data, for the malfunctioning of the links mentioned above.
Arcadja and its management team, collaborators and service providers are relieved from responsibility and indemnity with reference to losses, costs, damage and expenses (including legal expenses and costs) or pretensions of guarantee of any type deriving from pretensions of third parties due to the breach of any prohibition or limitation referring to the user’s activity of Arcadja’s services as described in these Conditions.
The user, in particular, relieves the management team, agents, collaborators and service providers with reference to any claim, pretension of responsibility, cost (including legal ones), expenses, legal actions and compensation claims for damage (for direct, indirect and consequent damage) of any type, independently of the fact that these are known, supposed, revealed or not, and deriving from or in any way related to Arcadja.

12 – Content Statement.

Although Arcadja is committed to guaranteeing the accuracy of the contents found through its sites, the information, services and material published may contain technical or typing errors. Updates are periodical in order to allow the greatest correctness of information.
Arcadja does not guarantee the correctness of services, material and information contained on its sites. All the information, products and services are made available for the user without any type of guarantee. It is exclusively the user's responsibility to evaluate the completeness, accuracy and utility of the information provided through Arcadja's services.

13 - Applicable Law.

The use of Arcadja’s services, of any material downloaded or any correlated operation, is regulated by the Italian law. In the case of controversies the competent law court is that of Brescia.
If the user is to be considered a consumer according to the Legislative Decree 6.10.2005 N. 206, the competent law court will be that of the place where the consumer is resident.

14 – Further dispositions
.
If a clause of this contract should be judged not valid or not applicable it will not invalidate in any way the validity and applicability of the other dispositions.
Arcadja’s collaborators are not authorized to modify these Conditions and therefore any statement made by sellers or Customer Service representatives will not be binding for Arcadja.
Telephone calls made or received by Arcadja's support team can be recorded for training or quality control purposes.
Arcadja's failure to exercise all the rights of this agreement and make them be respected, will not have the value of abandonment of such rights. This agreement operates within the highest respect of the law.
Arcadja reserves the right to deny access to its sites, and to cancel any service without notice and/or remove the registration of a user, or to limit, suspend, or terminate at any time their access to all or some of Arcadja’s services in the case of failure to respect these Terms and Conditions.

15 – News sending service upon the user’s registration.

In the case of registration to the news service (through newsletters and/or sms), specific personal data may be requested. The user takes note of the fact that such data will be processed according to the modalities described in the Privacy Policy.
Arcadja is not responsible for the collection of data or for the procedures of privacy protection carried out by third parties.
Although Arcadja is committed to guaranteeing the accuracy of the information available through the services offered and requested by the user by registering with Arcadja’s services, the information, services and material sent through the news service (both newsletters and sms) may contain technical or typing errors, or may be subject to variations.
Users can request the cancellation from the news service chosen at any time by contacting support@arcadja.com; the service will thereafter be terminated within the rigorous technical times that are necessary.

16 – Use of Cookies.
One of the methods that Arcadja uses to collect information are cookies. Cookies are a collection of data which a web server memorizes on your computer. Cookies can make the site recognise users and “remember” their entries and movements within the portal. This method will allow users to use various services offered by Arcadja.
Persistent cookies stay memorized on PCs until they are cancelled by the user. If the user does not want to keep these data on the computer, they can be directly cancelled from the browser’s settings.
In the case of abolition of the use of cookies the user is not guaranteed a correct browsing experience.

17 – Privacy Policy.
PRIVACY DISCLOSURE PURSUANT TO ART. 13 OF EU REGULATION N. 679 27 APRIL 2016

The current legislation on the processing of personal data defined in accordance with the provisions contained in the EU regulation 679/2016 contains provisions direct at ensuring that the processing of personal data is carried out in compliance with the fundamental rights and freedoms of natural persons, with particular regarding the right to protection of personal data.

    1 – Definitions.
Personal data: any information concerning an identified or identifiable (interested) natural person that has been included in the Soluxo.net company archives as a result of registration on the website www.arcadja.com.
Registered user: any natural person, legal person, organization, association, etc., that has completed the registration procedure or the purchase of one or more services on the portal www.arcadja.com.

    2 – Processor.
The Processor is the company Soluxo.net s.r.l.s, in the person of the legal representative pro tempore, cod. Fisc. e P.iva 03707780981, with legal site in Brescia (Bs) at via Cassala n. 44 (hereinafter the "Processor" or "Soluxo.net").

    3 – Purpose of the processing
In fulfillment of the obligations of the current legislation, we inform you that the Processor processes your personal data for:
  1. to stipulate the contract, to fulfill the contractual obligations and to exercise all the necessary or useful activities for the constant improvement of the service provided.
  2. purposes deriving from legal obligations, whether they are national and / or international and / or Community, by provisions issued by competent authorities or by supervisory and control bodies.
  3. protection of the rights or legitimate interests of the Processor, including in court or in another location in accordance with the principles established by law.
Furthermore, subject to your explicit consent, the Processor executes processing your personal data for the following purposes:
  a) to forward information, discounts and updates about the services offered by the portal www.arcadja.com .
  b) to forward news and promotions offered by Soluxo.net business partners.

    4 – Methods of treatment and conservation.
The processing will be carried out in an automated and / or manual, according to the principles of fairness, lawfulness, transparency and in compliance with the provisions of art. 32 of the GDPR 2016/679 (Security of processing), by persons specifically appointed and in compliance with the provisions of art. 29 GDPR 2016/679 (Processing under the authority of the controller or processor).
Please note that your data will be kept for a period of time not exceeding that necessary to achieve the purposes for which they were processed. In particular, in relation to the management of the existing contractual relationship (registered user / subscriber user), it is specified that the processing and storage of data will continue until the Soluxo.net company has received a request for cancellation from the user that has registered on the website www.arcadja.com .
We also inform you that, for the processing of data whose purposes are indicated in points "a" and "b" of the section "purpose of the processing", you can revoke the consent granted at any time by acting directly on your personal profile.
The above treatments can be achieved through traditional contact methods (example: phone calls with operator) or with automated methods (example: sending e-mail).
It should be noted that consent-based processing (updates, discounts, promotions, etc.) are mainly carried out by sending newsletters which will be sent to the e-mail address indicated by you when registering the service.

    5 – Personal data requested, nature of the contribution and possible consequences of the refusal.
All personal data collected by this processing, except those whose legal basis is attributable to consent, are strictly functional to the signing of the contract and the management of related obligations.
Therefore the refusal to communicate the aforementioned data determines the impossibility to proceed to the free registration on the website www.arcadja.com or to proceed with the purchase of the connected subscription services.
As regards, however, the processing of personal data that require explicit consent, the refusal of the collection of the same does not prevent the conclusion of the contract.
However, the refusal will preclude the possibility to take advantage of the benefits reserved for users who have consented to the processing of data for the purposes referred to in points "a" and "b" of the section "purpose of the processing".

    6 – Persons authorized to process your data - Communication and dissemination of data.
The personal data collected are processed by the company personnel, appointed by Soluxo.net, who needs to have knowledge of them in the performance of their activities.
Such data may also be processed by natural and / or legal persons external to the company organization (consultants, professionals, etc.), for the execution of technical support activities as well as for the resolution of malfunctions and / or failures of Soluxo.net information systems.

    7 – Transfer of personal data.
Your data will not be transferred either to Member States of the European Union or to third countries outside the European Union.

    8 – Existence of an automated decision-making process, including profiling.
The Controller does not adopt any automated decision-making process, including profiling, referred to Article 22, paragraphs 1 and 4, of EU Regulation n. 679/2016.

    9 – Rights of the interested party.
Any time, you may exercise, pursuant to articles 15 to 22 of EU Regulation n. 2016/679, the right to:
  a) request confirmation of the existence or otherwise of personal data;
  b) obtain information on the purposes of the processing, the categories of personal data, recipients or categories of recipients to whom the personal data have been or will be communicated and, where possible, the retention period;
  c) obtain the rectification and erasing of data;
  d) obtain the processing limitation;
  e) obtain the portability of personal data, ie receive them from a controller, in a structured format, commonly used and readable by automatic device, and transmit them to another controller without hindrance, where technically feasible;
  f) oppose the processing at any time and also in the case of processing for direct marketing purposes;
  g) to oppose an automated decision-making process concerning individuals, including profiling;
  h) ask at the controller to access personal data and to rectify or cancel them or limit their processing or to oppose their processing, in addition to the right to data portability;
  i) revoke the consent at any time without prejudice to the lawfulness of the treatment based on the consent given prior to the revocation;
  j) to propose a complaint to a supervisory authority.

To exercise your rights you can write to the e-mail address privacy@arcadja.com .

To receive a copy of this privacy disclosure, or to obtain information regarding the processing of your personal data, send a request to the e-mail address support@arcadja.com .

To request the cancellation of the registered user, send the request to the email address unregister@arcadja.com .

    10 – Concluding information.
This privacy disclosure is available in Italian, English, French and Spanish.
However, it should be noted that, in the event of discrepancies, difficulties in interpretation or problems of any other kind, only the written information in Italian will prevail.

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