APRESS TO READ THESE TERMS AND CONDITIONS OF USE, IF FOR ANY REASON THAT YOU DO NOT AGREE OR THAT YOU CANNOT COMPLY WITH THESE TERMS AND CONFIDENTIALITY POLICY, PLEASE PUT THIS SITE OUT IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE AND OUR CONFIDENTIALITY POLICY.
Copyright in all original documents, content, selection and layout of the website (including text, user and visual interfaces, images, appearance, design, sound, etc.) is owned by Prodi Art, its parents, affiliates, subsidiaries or third-party licensors. You may not copy, reproduce, publish on another website, republish, download, encode, modify, publicly translate, publicly display, commercially exploit, distribute or transmit any part of this website or do derivative works of this website in any way without the prior written consent of Prodi Art.
Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property appearing on this site is the property of Prodi Art or its parents, affiliates or subsidiaries and may not be used by You without the prior written consent of Prodi Art or the appropriate owner. Your use of this website does not grant you any right, title, interest or license to any such intellectual property appearing on this website. Any unauthorized use of the content of this website may subject you to civil or criminal penalties.
Prodi Art maintains this website for your personal purchases, entertainment, information and education. You should feel free to browse the website. However, any copy (electronic, hard copy or other format) is prohibited and may violate intellectual property and other laws worldwide. Any commercial use of all or part of this site is prohibited except with the written consent of Prodi Art. All rights not expressly granted herein are reserved to Prodi Art.
You may not use any computer program tool, including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic or similar device, program, algorithm or methodology (") to access, acquire, copy or monitor any part of the Site or content, or reproduce or circumvent in any way the navigation structure or presentation of the Site or its content, to obtain or attempt to obtain material, documents or information. means not intentionally made available on the website. The tools that use the website should be considered as intermediaries of the people who control or write them.
Prodi Art DOES NOT REPRESENT THAT THIS WEB SITE OR ANY CONTENT, SERVICE OR FUNCTIONALITY OF THIS WEB SITE WILL BE EXEMPT ERROR OR ININTERRUPTED, OR THAT ANY FAULT WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEB SITE WILL BE PROVIDED OF SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
Prodi Art assumes no responsibility and shall not be liable for any damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property due to your access, use or browsing of the Website or your downloading of any material, text, images, video or audio from the Website or linked websites.
In no case Prodi Art, its parents, affiliates, subsidiaries or service providers, its licensors, or the officers, directors, employees, shareholders or agents of each of them, shall not be liable for damages of any kind, including without limitation direct, special, incidental or indirect damages, exemplary, punitive or consequential damages, including lost profits, whether or not they have been advised of the possibility of such damages, as well as the theory of liability arising out of or in connection with the use or performance of, or Your browsing in, or your linking to, other sites from, this website. By using this website, you acknowledge that your use of this website is at your own risk. Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages: if they apply to you, some or all of the above exclusions may not apply, and you may have additional rights.
You agree to defend, indemnify and hold Prodi Art harmless from and against all claims, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website.
You are prohibited from publishing or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate the law. Prodi Art will fully cooperate, including but not limited to, maintaining and disclosing any transmissions or communications you have had with this website, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments or suggestions, or otherwise, is and will be treated as non-confidential and non-proprietary. Prodi Art cannot prevent the collection of information such as your first and last name or artist name or any other information you disclose on this website, and you may be contacted by Prodi Art or unrelated parties, by email or otherwise, inside or outside this website. Anything you transmit may be edited by or on behalf of Prodi Art, may or may not be published on this site at Prodi Art's sole discretion and may be used by Prodi Art or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and publication. In addition, Prodi Art is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. If you transmit ideas, concepts, materials or other communications to the Site, you agree that it will not be treated as confidential and may be used by Prodi Art without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although Prodi Art may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, etc. on the Website, Prodi Art is under no obligation to do so and assumes no responsibility for the content of such sites, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, blasphemy, danger or inaccuracy contained in any information within such sites, on the Website. Prodi Art assumes no responsibility for any action or communication by You or any third party linked within or outside this website.
Prodi Art may, in its sole discretion, modify or discontinue the Website, or modify or terminate your account or access to this Website, for any reason, with or without notice, and without liability to you or any third party.
The description or references to products, publications or websites that are not the property of Prodi Art or its subsidiaries do not imply endorsement of such product, publication or website. Prodi Art has not reviewed all the materials linked to the website and is not responsible for the content of any such materials. Your linking to other websites is at your own risk.
After opening an account with Prodi Art, a seller is able to create a public profile page and upload information and content to the page, including, but not limited to, the seller's name, contact information, biography, headshot, images, hometown and more. All this information is fully disclosed on the Prodi Art website. Any visitor to the site who visits Prodi Art and accesses the seller's profile page will be able to see all the public profile information that has been entered by the seller.
Prodi Art member accounts, including buyers and sellers, are secured with passwords created by members. Prodi Art takes precautions to ensure that member account information remains private. We use reasonable measures to protect member information stored in our database, and we limit access to member information to employees who need access to their functions, such as our customer service staff and technical staff. Please note that we cannot guarantee the security of member account information.
The Purchaser who creates an account on the Prodi Art platform must provide complete and up-to-date contact details, as well as a valid eMail address. He will assume the consequences of any error or omission in the insertion of his contact information. It is aware that the accuracy of these determines in particular the possibility of efficient delivery of photographic prints purchased from Photographers and the Media via the platform.
The Buyer will create a single account and undertakes not to create aliases or derivative accounts, with his identity or that of third parties. Any violation of this commitment may result in the suspension or deletion of the account concerned. He will not communicate his login details to a third party and will be held responsible for any connection or order made by a third party to whom he has left his login details, voluntarily or through negligence.
Prodi Art reserves the right, in the context of the fight against fraud and in order to guarantee the security of transactions made through its platform, to verify the identity and legal capacity (in particular civil majority) of the Purchaser at the time of registration or at the time of an order.
The price of each photograph is indicated excluding delivery costs, in the description sheet of the photograph. If applicable, delivery charges are added to the price of the photograph before final validation by the Buyer.
After having confirmed the content of his order and accepted these general conditions of use, and the obligation to pay for the order, the Purchaser will definitively validate his order by his actual payment. The order will only be valid and taken into account once the full payment of the price of the photograph and delivery costs has been received.
The Purchaser is aware that photographs sold through the Prodi Art platform are subject to intellectual property rights. In accordance with Article L111-3 of the French Intellectual Property Code, ownership of the medium of a work (the print run purchased through Prodi Art) does not confer any of the intellectual property rights. Consequently, the Purchaser is informed and aware that he is not authorized to reproduce the work, to modify it, to commercialize it in its turn or to exploit it in any form whatsoever.
Any violation of these rules would constitute an infringement liable to be prosecuted by the Photographers.
The Purchaser is also aware that photographic prints must be displayed and handled with care. His attention is drawn to the following precautions:
The announced times for manufacture and delivery are indicated in working days and are stipulated for information purposes only. They may vary slightly depending on circumstances beyond Prodi Art's control (disruptions or strikes in transport or logistics providers, technical difficulties).
The Purchaser chooses among the delivery methods proposed to him for each Photograph.
The Purchaser who wishes to inform Prodi Art of a difficulty in receiving the work, or of the absence of receipt, will send an email to service.client@Prodi Art.
The Buyer will inform the carrier of the usual reservations if the package arrives damaged or opened. He will open the package in the presence of the delivery person or the carrier, and inform Prodi Art within 48 hours of the difficulties noted, transmitting if possible photographs of the package as presented to him or of the work as it appears in the packaging.
The difficulty will then be handled by Prodi Art, which will inform the Purchaser, after contacting the shooter, how to return the work.
The return costs will be covered by Prodi Art, which undertakes to take the necessary steps to ensure that the initial order is fulfilled as soon as possible.
The return of an order can only be accepted if the Purchaser complies with the procedure described. The Purchaser shall ensure that the work is packed in the original packaging and that the shipment is handled with the necessary care. The work will be returned to the address indicated by Prodi Art.
Non-compliance of the command
In the event that the print delivered does not correspond to the order (error on the photo, format or support), the Purchaser will inform Prodi Art within the same period (48 hours) by sending proof of the difficulty. Prodi Art will inform him of the terms of return unless the parties agree on compensation.
In the case of distance selling, and in accordance with the provisions of the Consumer Code ( Art. L120-20), the Purchaser has a right of withdrawal.
This can only be used during the 14 days following the actual receipt of the product, as evidenced by the carrier's or Post Office's dispatch note.
The Purchaser shall notify Prodi Art of its wish to exercise the right of withdrawal through the platform prior to the return of the work. Any shipment that has not been preceded by formal communication between Prodi Art and the Purchaser will be refused.
Prodi Art will inform the Purchaser of the terms of packaging (exclusively in the original packaging) and shipment of the work. In this case, and provided that the photograph is received by Prodi Art in perfect condition, the Purchaser will be refunded the purchase price and the initial shipping costs. On the other hand, he will bear the costs of returning the work directly linked to the use of his right of withdrawal.
The Buyer's refund will be made within 14 days of receipt of the photograph, after checking that it is in perfect condition.
The acceptance by the Purchaser of these general conditions of use creates between the parties a legal relationship of indefinite duration. Prodi Art and the Purchaser are entitled to terminate their contract at any time.
In the event of termination at Prodi Art's initiative, the Purchaser will be informed of the reasons for this decision. For its part, the Purchaser shall terminate at any time and without having to justify its decision. Any order in progress at the time of termination by the Purchaser shall be honoured, and shall suspend the effects of termination until receipt of the photograph and expiry of the withdrawal period.
You must open an account to sell print on demand products or obtain a license for your images on the website.
After opening an account on Prodi Art, you can create a public profile page that includes your name, biography, contact information, images and other information and content that you choose to upload and/or publicly disclose. All this information is fully disclosed on the website. Any member of the public who visits the website will be able to see all the profile information you have entered.
You can close your account at any time by logging in and clicking on the "Close Account" icon. After clicking on this link, Prodi Art will immediately close your account and delete your profile page and images downloaded from the website.
Prodi Art may cancel a Seller account at any time for any reason. Even after termination of your account, your obligations under this collaboration agreement will remain in effect.
By submitting images to Prodi Art, you grant Prodi Art a worldwide, non-exclusive, non-exclusive right to sell, authorize, sub-license, reproduce, prepare derivative works incorporating, publicly exhibiting, marketing, sub-licensing and selling all images downloaded by you and accepted by Prodi Art in exchange for the compensation specified as agreed between you and Prodi Art, until such time as this sales contract is terminated pursuant to its terms. You further grant Prodi Art a worldwide, non-exclusive right to use the images you submit and your name, user name and images for Prodi Art's marketing and promotional activities without compensation.
Prodi Art has the right to refuse to accept or remove images from the website for any reason whatsoever. Images will be deleted if Prodi Art believes that the images will subject Prodi Art or any of its officers, directors, managers, directors or employees to legal liability or if the images violate these terms and conditions of use.
The copyright in and to all images you submit remains with you as the owner of such copyright. Nothing in this document should be construed as transferring any copyright to Prodi Art or its sublicenses.
For all products and image licenses available on Prodi Art, you have the ability to define your own prices and specify exactly how much you want to earn for each product sale.
When a sale is made, Prodi Art will credit your Prodi Art account with the price you set for the product purchased at the time the buyer added the product to their cart on Prodi Art
You can change the prices of any product or license at any time by logging into your account and making the change.
If your account is terminated for a breach of the material terms of the Seller's agreement, in addition to its other legal or equitable rights, Prodi Art shall be entitled to retain all royalties and/or other remuneration that would be payable to you hereunder as liquidated damages.
If you are credited with the remuneration in connection with a sale and Prodi Art then issues a refund to the buyer for that sale, Prodi Art will be entitled to deduct the payments credited to your account. If Prodi Art pays you compensation for any reason, Prodi Art will be entitled to deduct the amount of such overpayment from your account or to demand immediate repayment of such overpayment.
Prodi Art reserves the right to cancel any order placed on the site at any time for any reason whatsoever. When an order is cancelled, the buyer will receive a full refund, and the seller will not be entitled to any compensation for the sale.
Payments are sent to you on the 15th of each month for all your sales that were received by Prodi Art on or before the 15th of the previous month and have not been cancelled or returned within 30 days of the date of sale.
All payments are sent via Paypal. If you do not have a Paypal account, you cannot receive payments from Prodi Art.
There is no minimum balance required to receive a payment. If your payment due is greater than $0, the payment will be sent.
You grant Prodi Art the right to dispose of your returned products in any manner we deem appropriate.
Although Prodi Art takes commercially reasonable steps to ensure that the rights of its Sellers are not infringed, Prodi Art has no obligation to take legal action against any alleged infringer of any of your rights in and to any Images. You grant Prodi Art the right and authority to take such actions as Prodi Art deems commercially reasonable to protect Prodi Art's rights in the Images. Prodi Art recommends that you register all your images for copyright protection, as such registration is generally a prerequisite for starting an action for copyright infringement.
You represent and warrant that:
(A) You have the full right, power and authority to enter into this Seller Agreement and to fully perform all your obligations hereunder;
(B) You are not subject to any legal or contractual limitation that prevents you from entering into this sales contract;
(C) The Images and all parts thereof are owned and/or controlled by You, unencumbered and original works and are subject to copyright protection in all countries where copyright or similar protection is available;
(D) If the Images contain human similarities from which a person can be identified, You own or have acquired all rights to use such human similarities;
(E) If the images contain third-party trademarks, including design trademarks, the inclusion of trademarks is subject to a license or written consent or qualifies as lawful use under French intellectual property laws;
(F) The images are neither obscene nor defamatory and do not infringe the copyright or other rights of any third party, including, but not limited to, trademark rights and the rights of privacy and publicity;
(G) No lawsuit or claim or other legal or administrative proceedings currently pending or threatened that could directly or indirectly affect the Images or that could in any way infringe the rights granted by You below.
You are solely responsible for the content you upload or post to the website or any material or information you transmit to other vendors.
By publishing any content in the public areas of the website, you grant Prodi Art a non-exclusive, fully-paid worldwide license to use, publicly publish and display such content on the website for sale and licensing purposes. You also grant Prodi Art the right to use and display your content in online advertisements, online videos, online newsletters, print marketing materials and television ads to promote Prodi Art.
You represent and warrant that: (i) you own the content posted by you on the Website or otherwise have the right to transfer rights to the content, and (ii) your content does not infringe the privacy rights, publicity rights, copyright, or other intellectual property rights of any person. You agree to pay all royalties and fees due to any person for any content you publish on the website.
You understand and agree that Prodi Art may review and delete any content, message, image or profile that, in Prodi Art's sole discretion, violates this sales agreement or that may be offensive, illegal, or violate the rights, injury, or threaten the safety of any seller or third party.
Prodi Art reserves the right to investigate and take appropriate legal action at its sole discretion against any person who violates this provision, including, without limitation, removing wrongful communication from the website and terminating the account of such offenders. Prohibited content includes Content that: (i) is manifestly offensive and promotes racism, fanaticism, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of unsolicited spam; (iv) promotes information that you know is false or misleading or promotes illegal activities or abusive, threatening, obscene, defamatory or libelous behaviour; (v) promotes illegal or unauthorized copying of another person's protected work, such as providing pirated computer programs or links to them, providing information to bypass copy protection devices installed by the manufacturer or providing pirated music or links to pirated music files; (vi) contains restricted access pages or passwords or hidden pages or images (those not linked to or from another accessible page); (vii) provides material of a sexual nature; (viii) provides educational information about illegal activities such as making or purchasing illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or (x) is not relevant to on-demand printing, image licensing or the stated purpose of this website.
You agree to use the Website in a manner consistent with all applicable laws and regulations.
Prodi Art requires all users to comply with copyright and other intellectual property laws. You may not publish or make available User Content that violates the intellectual property rights of third parties, including the rights granted by French copyright law. You represent and warrant that you have all necessary rights to publish and distribute all user material that you make available through Prodi Art.
If you find that you have violated copyright law, Prodi Art reserves the right to terminate your access to the site. Copyright infringers will be prohibited on Prodi Art.
You agree to indemnify and hold Prodi Art harmless from and against any and all claims, losses, damages, costs and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claim of breach of your representations or warranties or any of your obligations under the sales contract. You will only be liable for any incidental, consequential or special damages in the event of claims by third parties.
IN NO EVENT shall Prodi Art be liable to YOU OR ANY THIRD PARTY for any INDIRECT, CONSECUTIVE, EXEMPLARY, ACCESSORY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES TO LOSSED PROFITS resulting from YOUR USE OF THE WEB SITE, EVEN IF Prodi Art HAS BEEN ADVISED OF THE POSSIBILITY OF TELE DAMAGES. NONOBSTANTING ANY CONTRAILING PROVISIONS CONTAINED IN THIS AGREEMENT, THE LIABILITY OF Prodi Art TO YOU FOR ANY CAUSE, WHATEVER AND WHATEVER THE FORM OF THE ACTION, WILL BE IN ANY TIME LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Prodi Art.
Prodi Art reserves the right to charge members membership fees on the site.
A notice of fee change will be sent by email to all affected vendors at least 30 days prior to the change. Any seller who wishes to cancel his account can do so at any time by logging into his account and clicking on the "Close Account" icon. Upon cancellation, sellers will not be entitled to a refund of membership fees already charged (unless the cancellation occurs within 30 days of the seller's registration date).
Prodi Art owns and retains all proprietary rights to the original elements of the website, including the selection and arrangement of content. The website contains copyrighted material, trademarks and other proprietary information of Prodi Art and its licensors. Except for information that is in the public domain or for which You have received written permission, You may not copy, modify, publish, transmit, distribute, perform, display or sell such proprietary information.
The relationship between Prodi Art and the seller is that of independent contractors.
The Seller's Agreement contains the full understanding of the parties with respect to the subject matter hereof and supersedes any prior agreement with respect thereto.
The validity, interpretation and execution of the sales agreement, matters arising out of or related to the seller's agreement or its manufacture, performance or breach, and related matters shall be governed by the domestic laws of the State of Illinois (without reference to the choice of law doctrine).
BY SUBMITTING ANY IMAGE TO Prodi Art YOU AGREE TO BE BOUND BY THIS TERMS AND CONDITIONS AND TERMS AND CONDITIONS OF THE DECLARATION OF CONFIDENTIALITY OF Prodi Art (WHO THIS CONSIDERATION IS HERE), WITH THE SAME STRENGTH AND EFFECT THAT IF YOU HAVE SIGNED THESE DOCUMENTS IN YOUR HAND.