TERMS OF USE

Please read the terms and conditions below which constitute the Terms of Use (“Terms”).  Your use of this website is subject to these Terms of Use.

Intended use of the website:  The website, its features and its Content (as defined below) are for personal and non-commercial use only.  You may not use or otherwise exploit the Website and/or any Content in connection with any business or commercial undertaking (whether or not for profit). 

1.Introduction

The website “www.Athinas.com” (the “Website”) from which you are accessing these Terms is created, maintained owned and operated by Athinas Papagianni-Avgouladaki (referred to below as “Athinas”, “our”, “we”), with registered address at El. Venizelou 2, Kallithea, Athens, Greece.

These Terms constitute the overall agreement between you and Athinas as far as it concerns your use of the website

By registering in the website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference and all other operating rules, policies and procedures that we may publish from time to time on the Website.

You are encouraged to review the Website and these Terms periodically for any updates or changes. If you do not want to agree to these Terms or the Privacy Policy, you should not use the Website and you should exit now.

2. Users under 18 years old

If you are under 18 years old, it is deemed that you have the consent of your parents to use this Website. You have to be above 18 to register on the Website. Any use who registers on the Website to create an account hereby represents, under his/her own responsibility, that he/she is an adult (over 18 years of age) and that all personal data provided is true and correct or, if it is incorrect, it has been provided in good faith. If the user provides false information as to his/her age and this is discovered, we have the right to close your account.

3. The website

Athinas Website is a source of information for artists and anyone who has an interest in art. In particular, it provides information on painting, design, sculpture, engravings, architecture, ceramics, crafts, photography and video making.

Further, in our Website we

-present, publish and exhibit works of artists;

-present exhibits from galleries of Europe;

-provide information on various artists and their work;

-provide information on museums;

-present the role that art played in activist movements;

-update you on the current issues with Newsletters.

4. Registration – Account Creation

As a condition to using our Services, you will be required to register to our Website and select a password and user name in order to acquire a personal account (“Account”). You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.

We encourage you to review our Privacy Policy for more details regarding what information we ask and collect from you during the registration process and how we use it.

Each Account is personal and non-transferable. Your rights and obligations to us are non-transferable either. You are responsible for maintaining the security of your password and Account. You are fully responsible for all activities that occur under this Account and any other actions taken in connection with this Account. You must immediately notify us at info@athinas.com regarding any unauthorized uses of your Account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We reserve the right to reject any registration request at our sole discretion.

To prevent fraud and abuse, Users are limited to one active Account. Any additional Accounts that are created to circumvent guidelines, promote competitive advantages, or mislead Athinas community shall be disabled. Mass Account creation may result in disabling of all the related Accounts.

5. Communication

When using the website, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

6. Content of the website and Intellectual property rights

In this website, we make available content, including (but not limited to) information, comments, reviews and other texts, photos, pictures and other images and videos, logos and trademarks (together referred to as “Content”). We own all Content made available through the website or we have the license, by the copyright owner, to present it. The Content is subject to copyright, trademark or other intellectual property rights and laws. You may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval. 

PLEASE NOTE THAT UNAUTHORIZED USE OF THE WEBSITE MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT AND/OR TRADEMARK INFRINGEMENT.

7. Content you share with us 

We may include features on the website that allow you to share your Content with us and other users of the Website.  Please note that by sharing Content through the Website, your Content may become publicly accessible.  You grant to Athina a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such Content, in any media now known or hereafter developed, for Athina’s business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law.  The foregoing licenses shall survive any termination of your use of the Website, as further described below.  For all of the Content you share through the Website, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such Content, and your provision or creation thereof through the website, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from any burdens.  

8. Rules of Conduct

In using the Website, you agree to comply with the following “Rules of Conduct” as updated from time to time by us.  We declare that Athinas will fully cooperate with any law enforcement authorities and/or court order requesting or directing Athinas to disclose the identity of anyone that has engaged in any violation of the Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of the Rules of Conduct, and Athinas reserves the right to moderate (including removing) any such information or materials at any time from this website.  While we may monitor and moderate your Content submitted via the Website, we are under no obligation to do so and assume no responsibility or liability arising from the Content, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated Content on the website. 

   a.     You are prohibited from posting or transmitting, through or in connection with the Website:

         i.    Any unlawful, threatening, defamatory, obscene, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;

         ii.    Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;

iii.    Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation; and

         iv.    Any material non-public information about a company or physical person without the proper authorization to do so. 

   b.    In addition, you will not:

         i.    Use the Website for any fraudulent or unlawful purpose;

         ii.    Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website;

         iii.    Impersonate any person or entity, including any of our (or our affiliated entities’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make;

         iv.    Interfere with or disrupt the operation of the website or the servers or networks used to make the website available; or violate any requirements, procedures, policies or regulations of such networks;

         vi.    Restrict or inhibit any other person from using the Website (including by hacking or defacing any portion of the Website);

         vii.    Use the website to advertise or offer to sell or buy any goods or services without our express prior written consent;

         viii.    Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website;

          ix.    Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;

          x.    Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;

          xi.    Frame or mirror any part of the Website without our express prior written consent;

          xii.    Create a database by systematically downloading and storing all or any Website content; or

9. Amendments to the Terms

We may make changes to these Terms from time to time; we will notify you of such amendments by posting the revised version of the Terms on the Website.  Your access to or use of the website following amendments to these Terms will constitute your acceptance of those changes. 

We encourage you to review the website and these Terms periodically for any updates or changes. If you do not want to agree to these Terms or the Privacy Policy that constitutes part of the Terms, you must not use this website.

10. Third parties’ websites

You may access, from our website, other websites (e.g., facebook, instagram) that are not operated by us. We are not responsible for the policies and practices of other companies. These Terms do not apply to other websites! Therefore, before you browse in those websites, you should review their policies and practices. You may have to change the privacy settings in their website.

You may have accessed our website through a third party’s website. In that case, our Terms of Use, data protection policy and cookies policy apply.

11. Liability

While we endeavor to maintain the information on this Site accurate and up-to-date, you acknowledge that the Website and all Content, information and materials made available through the Website are provided by various users who wish to contribute to art. We do not promise that the information, content or materials made available through the Website, will be accurate, reliable, complete or error free. Without limiting the foregoing, Athinas makes no representation or warranty regarding the statements, acts or omissions of any third parties.

We do not promise that the Website will be error free or compatible with any particular hardware or software. Without limiting the foregoing, Athinas makes no representation that the Website and/or any of its features will be available on a timely basis, or that access to the Website and/or any of its features will be uninterrupted or secure; (c) that defects or errors will be corrected; or (d) that the site or the servers or networks through which the Website is made available are secure or free of viruses or other harmful components. 

Neither any other party involved in creating, producing, or delivering the Website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of, the Website, its features or any Content made available through the Website, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO US TO ACCESS AND USE THE WEBSITE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

12. Transfer of rights and obligations

We may assign or transfer any of our rights or obligations under a Contract.

You may not assign or transfer any of your rights or obligations under a Contract.

13. Severability

If any part of these Terms is held to be invalid or unenforceable in whole or in part the invalid or unenforceable wording shall be deemed to be omitted, and the rest of the Terms shall continue to be valid to the fullest extent permitted by law.

14. International access Geographical area

This website is accessible from all over the world. Athinas is subject to Greek law. Subject to these Terms, we are not responsible for the content of the website and we assume no liability whatsoever as to whether the website, the content and the services referred to therein are legal in countries outside Greece. If a user accesses the website from a site outside Greece, the user is solely responsible for compliance with local law.

15. Governing Law

These Terms shall be governed by and construed in accordance with Greek law and you hereby submit to the exclusive jurisdiction of the Greek Courts. Provided that, if you are a consumer with your habitual residence in a country within the EU, nothing in these Terms will prejudice the rights that you may have under the mandatory provisions of the laws of such country, including your right to submit a complaint to the EU Online Dispute Resolution (“ODR”) platform

16. Website service availability disclaimer

We will make all reasonable efforts to ensure that the website and the Services are available at all times. However, we cannot guarantee that the website and the Services or any individual function or feature of the website will always be available and/or error free. The website and the Services may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the website.

17. Notices

Any notice to be served on or documentation to be sent to Athinas shall be deemed to be properly served if sent by email to info@athinas.com.