Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.
This Terms of Service is a legal agreement between you (“user” or “you”) and itondo s.à.r.l. a private limited liability company (société à responsabilité limitée), existing under the laws of the Grand-Duchy of Luxembourg and registered with the Luxembourg Trade and Companies Register under number B 195962 with registered office at 9, avenue des Hauts-Fourneaux, L-4362 Esch-sur-Alzette, Luxembourg (“we”, “us” or “itondo”).

Terms of website use

The following Terms of Service govern all use of the itondo website (www.itondo.com) and all content or services available at or through the website. This Terms of Service (together with the document referred to in it) tells you the terms of use on which you may make use of our site, whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these Terms of Service carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:
  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Changes to these terms

We may revise the legal terms under which our services are offered at any time by amending this page.
If you disagree with our modifications, you should stop using itondo.com.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, without notice, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at legals@itondo.com.

Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By using our site, you are agreeing to our use of cookies.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.
You may block our cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all our cookies you may not be able to access all or parts of our site.
Our cookies will expire after 12 months.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. This Terms of Service does not transfer from itondo to you any itondo or third-party rights.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. Your use of the site does not grant you license or right to use or otherwise reproduce any itondo or third-party trademarks.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date, or that content uploaded by third parties does not infringe intellectual property rights.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable laws. However we are not liable under any circumstances for fraud or fraudulent misrepresentation by our licensors or any third parties who upload content of any kind to our site.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for interruption of use, loss, damage or corruption of data, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site;
  • use of or reliance on any content displayed on our site; or
  • any or all arrangements (express or implied), guarantees, promises, payments, deliveries, communications, or any other such exchanges between users, even if our site facilitated the initial introduction between the parties (e.g. between sellers and buyers of artworks).
If you are a business user, please note that in particular, under no circumstances shall we be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
In no event shall itondo, its employees or agents be liable for any direct, indirect or consequential damages resulting from a dispute which may occur between users of our site (i.e. between a seller and a purchaser), arising from, in particular, but not limited to, the following circumstances:
  • a possible withdrawal of the purchaser or the seller;
  • the existence of a right to follow that could be invoked by the beneficiaries of the purchaser or the seller;
  • the existence of third party rights on the artwork sold or for sale proved by the existence of a clear title.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use clause 16 and Suspension and Termination clause 17.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights and copyright in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in clause 12.
If you upload content to our site, you warrant that you have or have obtained from the author/s the copyright permissions to publish such material to our site and marketing and social media channels.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy and freedom from discrimination and persecution.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any content you upload to our site if, in our opinion, your content does not comply with the content standards set out in our Acceptable Use clause 16 and Suspension and Termination clause 17.
The views expressed by other users on our site do not represent our views or values.

Rights you licence

When you upload or post content to our site, you grant the following licenses:
  • a non-exclusive copyright licence to itondo.com to publish your images and content to our site, app, marketing and social media channels, and via other forms of electronic, printed or transmitted means without limiting our means of publishing as new technologies arise, for a duration of three years (unless otherwise agreed in writing) for the purposes of promoting your content and advertising itondo.com’s products and services, and building the itondo community.
  • a personal-use copyright licence to itondo.com’s end users to republish your images and content via their social media and other forms of current and future electronic, printed or transmitted means, for the purposes of evaluating your artworks for purchase, or to share or recommend your artworks to their networks, or other purposes that constitute fair personal, non-commercial use.
  • a fair-use copyright licence to journalists, bloggers, reviewers, researchers and other professional interested parties who wish to republish your images and content for the purpose of review, criticism, research or some other such professional, non-commercial purpose.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses. We are not liable for any damage or loss which may occur to the computer, smartphone, tablet or any other device you may use to access our site, its content or services.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to any page of our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use clause 16 and Suspension and Termination clause 17.
If you wish to make any use of content on our site for a purpose other than that set out above, please contact legals@itondo.com.

Third party links and resources in our site

Our site may contain links to other websites and resources provided by third parties which are not controlled or owned by us. These links are provided for your information only. By using our services, you expressly relieve itondo from any liability arising from the contents of those sites or resources.

Acceptable Use

You may use our site only for lawful purposes. You may not use our site:
  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way; this includes uploading sexually suggestive images of children or child pornography.
  • For the purpose of infringing or violating basic human rights such as the freedom from racism, discrimination, oppression and terrorism.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, as shall be determined solely by us.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Suspension and termination

We will determine, at our sole discretion, whether there has been a breach of acceptable use through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
Failure to comply with the Acceptable Use clause 16 constitutes a material breach of the Terms of Service upon which you are permitted to use our site, and may result in our taking all or any of the following actions without notice:
  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of acceptable use. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.
If you wish to terminate your itondo account or this Terms of Service, you may simply discontinue using our site.

Applicable law

This Terms of Service, including all matters of construction, validity and performance, shall be governed by, and construed in accordance with, the laws of the Grand-Duchy of Luxembourg.
The competent courts of the City of Luxembourg shall have exclusive jurisdiction in relation to any dispute arising out of your use of our site or in connection with this Terms of Service.

Contact us

To contact us, please email legals@itondo.com.
Thank you for visiting our site.