TERMS OF USE

1. LEGAL INFORMATION & ACCEPTANCE OF TERMS

1.1 The website at www.art-in-time.com (the “Website” or the “Site”) is operated by S.A.M. CREATIONS CIRIBELLI, a Monaco corporation, under its trade name ART IN TIME (“ART IN TIME”, “we”, “us”, “our”), and use thereof is governed by the following terms of use ( “Terms of Use” or “Terms”). We have drafted these Terms to tell you how you may use our Website, our other online platforms (including but not limited to social media platforms), and other services we provide you (collectively, “Services”).

1.2 Please take the time to read these Terms of Use carefully before you access our Website or use any of our other Services. If you disagree with any clause of these Terms of Use, please exit the Website immediately and do not use our other Services.

1.3 ART IN TIME may from time to time revise, change, modify and/or remove part of these Terms of Use at its sole discretion. The new dated version of these Terms of Use takes effect as soon as it is published on-line.

1.4 These Terms, together with our Privacy Policy, govern ART IN TIME’s relationship to you in relation to this Website.

1.5 Please note that your use of social media platforms such as Instagram and Twitter will be governed by each social media platform’s own policies and terms. These Terms, together with our Privacy Policy, will only apply with regard to your interaction with ART IN TIME on its official account or profile.

2. DESCRIPTION OF SERVICES

2.1 ART IN TIME provides its Website and Services to help bring its exceptional fine timepieces and other time related art forms and products to ART IN TIME’s customers, and sharing information about its singular concept to our Website users and others.

2.2 Please note that all features, content, specifications of our Site or other Services, and any products described or depicted, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any time.

2.3 While we strive to ensure that our Services and all other information we provide are complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Site or other Services. We also do not make any representations or warranties regarding the quality or safety of any products or Services, or third party products or services offered or made available.

3. WHO CAN USE OUR SERVICES

3.1 All of ART IN TIME’s Services – including the Website– are intended for adult audiences only and are not intended for or directed to anyone under 18 years of age. Therefore, no one under 18 years of age is allowed to use our Services. By using our Services, you attest that you are over 18 years of age, you can form a binding contract with ART IN TIME, and that you will comply with these Terms and all applicable local, state, federal, national, and international laws, rules, and regulations.

4. YOUR USE OF OUR SERVICES

What We Grant You

4.1 ART IN TIME grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you, the user, use and enjoy the benefits of the Website and ART IN TIME’s other online platforms for a personal non-commercial use as permitted by these Terms and our other policies. Please see Section 7, “Use of the Website and ART IN TIME’s Other Online Platforms,” below for more information on how we permit you to use our Website and our other online platforms.

What You Grant to Us

4.2 In using our Services, you may create, upload, post, send, and receive certain content or other information via our online platforms – for instance, when you provide us photos or other information about your experience with ART IN TIME products and more. In doing so, you grant ART IN TIME an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content or other information you provide. Consistent with our Privacy Policy, we may use any content or other information that you provide in a number of ways, including but not limited to facilitating your ART IN TIME experience and for operating, developing, providing, promoting, and improving the Services, as well as for researching and creating new ART IN TIME services.

4.3 In addition, you understand that any questions, comments, suggestions, ideas, testimonials, endorsements, drawings, concepts, photos or feedback (collectively, “Submissions”) you provide are not confidential, and become our sole property. If you provide feedback, suggestions, or any other Submission, including but not limited to business ideas and original works, you are granting ART IN TIME a worldwide, royalty-free, perpetual, fully sub-licensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Submissions. This means we can use the ideas you provide to us without compensating you or mentioning you.

4.4 Though we are not required to do so, we may, in our sole discretion, monitor or review our online platforms, and access, review, screen, remove, and delete content at any time and for any reason, including if we believe that content violates these Terms.

Your Behavior

4.5 You are ultimately responsible for all content posted and activity by you (even if that content or activity occurs from other individuals who have accessed the Site, our other online platforms and other Services by using your identity).

4.6 By using our Services, you agree that:

• You will not use the Site or any other Services for any purpose that is illegal or otherwise prohibited in these Terms.
• You will not use any automated means – such as any robot, spider, etc. – to access the Services or extract other users’ information.
• You will not copy, modify, distribute, sell, or lease any part of our Site or any Services.
• You will not reverse engineer or attempt to extract the source code of the software.
• You will not use or develop any third-party applications to interact with the Site or any Services or other users’ content or information, unless you have our written consent.
• You will not use the Site or any Services in a way that could interfere with, disrupt, negatively affect, or inhibit other ART IN TIME users in fully using the Services, or our ability to maintain our Services.
• You will not use the Site or any Services in a way that could damage, overburden, or impair the functioning of the Services.
• You will not post content on online platforms that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
• You will not use the Services in any way that violates ART IN TIME’s rights or those of any third party.
• You will not use the Services to harass, abuse, defame, stalk, or threaten others, including other users.
• You will not compromise the security of the Services, including but not limited to uploading viruses or other malicious code.
• You will not attempt to circumvent any content-filters or content-filtering techniques used by ART IN TIME.
• You will access only those areas or features of the Services that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
• You will not probe, scan, or test the security or vulnerability of our Services, including any ART IN TIME system or network.
• You will not send unsolicited or spam emails to other users or to ART IN TIME.
• You will not engage in any activity that violates these Terms, and you will not encourage any acts that violate these Terms.

4.7 ART IN TIME allows you to post information about yourself on its online platforms – including your photos showing your experiences with our products. We also allow you to communicate with us – for instance, to ask questions, post comments, provide feedback and suggestions, and the like. Any communication or other material that you send to us through the Internet or post on our online platforms is and will be deemed to be non-confidential. ART IN TIME has no obligation of any kind with respect to such information provided. Consequently, any Personal Information (as defined in our Privacy Policy) or other sensitive information that you choose to share may be viewable to others. You agree that any information you share may be viewable by others. Please do not post, include, or add information or otherwise share information that you would not want to be viewed by others, or otherwise be publicly available, such as your Personal Information (as defined in our Privacy Policy), as part of any content that you share.

4.8 There may be times when we ask you for your Personal Information in order to facilitate certain Services – for instance, when you make contact us with feedback or questions, we may ask for your contact information so that we can contact you further if needed. When communicating with us, please do not share your Personal Information with ART IN TIME unless we specifically request it. Additional information regarding our use of Personal Information can be found in our Privacy Policy.

5. PRIVACY

5.1 Your privacy is important – both to you and to us. Please view our Privacy Policy to learn how your information is handled when you register for and use our Services.

6. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS

6.1 The name and mark ART IN TIME, the ART IN TIME logos and all other ART IN TIME-related marks depicted in this Website and in our other online platforms, whether registered or unregistered, are trademarks or service marks exclusively used by S.A.M. CREATIONS CIRIBELLI under its trade name ART IN TIME. Nothing contained herein, on this Website or on ART IN TIME’s other online platforms shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark or other intellectual property of S.A.M. CREATIONS CIRIBELLI or any of its subsidiaries or related companies.

6.2 The information, photos, text, graphics, videos, audio, tools, images, and all other content and materials provided by or made available on this Website and on our other online platforms (“Content”), and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. This Content is owned or licensed by S.A.M. CREATIONS CIRIBELLI or its subsidiaries or related companies, or used with permission of their owners. This Content is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, trade dress, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms. All rights are reserved, worldwide.

6.3 We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Services that violates those rights. Some of the content available through our Services comes from other users and third parties. All other content, trademarks and copyrights that appear through our Website or through our other online platforms are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.

6.4 You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may terminate your use or prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Site or any other Services.

6.5 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 Website or to our other online platforms constitutes a violation of their intellectual property rights, or of their right to privacy. 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 online platforms. We have the right to remove any posting you make on our online platforms in our sole discretion. The views expressed by other users on our online platforms do not represent our views or values.

  1. USE OF THE WEBSITE AND ART IN TIME’S OTHER ONLINE PLATFORMS

7.1 The data contained on the Website and on ART IN TIME’s other online platforms is presented for information and promotion purposes only.

7.2 The information provided is for your personal use only. You may download, display or print the information appearing on the Website or on ART IN TIME’s other online platforms exclusively for personal and non-commercial purposes, provided that the copyright notice is retained on each copy and you do not change any trademark or other notification of ownership. Downloading or reproduction of any document or software gives you no right, title or interest with respect to said document or software.

7.3 Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation derivative works form, or broadcast of the content of the Website or of ART IN TIME’s other online platforms, in whole or in part and by any means, is strictly prohibited, except with ART IN TIME’s prior written consent.

7.4 ART IN TIME neither warrants nor guarantees that use of any Content displayed on its Website or on ART IN TIME’s other online platforms will not infringe on third party rights.

8. INFORMATION DEEMED NON-CONFIDENTIAL AND SUBMISSIONS

8.1 Any personal identification or information sent via the Internet to the Website or to ART IN TIME’s other online platforms is protected and treated according to ART IN TIME’s Privacy Policy. ART IN TIME invites you to read the Privacy Policy carefully before sending any such personal identification or information.

8.2 You hereby accept that all Submissions and any other documents communicated or entrusted to ART IN TIME through its Website, in connection with the Website, or by any other means will be considered non-confidential, non-proprietary and not personal either to you or to anyone else.

8.3 As noted in Section 4 above, any Submission made by you becomes our sole property. However, you will be responsible for any Submission made by you that infringes on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights.

8.4 ART IN TIME possesses its own sources of creativity, in particular highly skilled teams who develop and perfect its concept. As a result, ART IN TIME will not agree to or accept being the receiver of unsolicited proposals of collaboration and it is possible that ART IN TIME may already be working on similar ideas. Consequently, you are advised that ART IN TIME is not interested in receiving ideas or other proposals.

9. DISCLAIMER OF WARRANTIES

9.1 Any materials, information or Content on the Website and on ART IN TIME’s other online platforms are supplied “as is” in terms of their availability, and with no guarantee of any sort, express or implied, including, amongst others, implied warranty of merchantability or suitability for any particular purpose.

9.2 ART IN TIME carries no liability and cannot guarantee that the Content on the Website or on ART IN TIME’s other online platforms is accurate, complete and up-to date, or that the Website and ART IN TIME’s other online platforms contain no defect and that any existing defects will be corrected. By using this Website or ART IN TIME’s other online platforms, you agree to do so at your own risk and assume full responsibility for any problems inherent in using it, any loss of data and costs related to any assistance or repair to any hardware and/or software used by you for connecting to the Website or to ART IN TIME’s other online platforms, and you agree that ART IN TIME bears no liability whatsoever for any damage that may be caused by, result from or be connected to your use of the Website or of ART IN TIME’s other online platforms.

9.3 While ART IN TIME takes reasonable and appropriate technical, organizational and administrative security measures to protect the information we are entrusted with, if you communicate with us by e-mail (including but not limited through our Contact Form), you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages, you accept the risk inherent to such uncertainty and possible lack of confidentiality over the Internet.

10. LIMITATIONS OF LIABILITY

10.1 You access, use, browse and navigate on the Website or on ART IN TIME’s other online platforms at your own risk.

10.2 You accept that, to the fullest extent permitted by applicable regulations, neither ART IN TIME nor any of its affiliates or related companies shall, under any circumstances, be held liable for actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if ART IN TIME was previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents on this Website or on ART IN TIME’s other online platforms.

10.3 All materials downloaded or obtained in any other manner during the use of the Website or of ART IN TIME’s other online platforms are at your own risk. ART IN TIME takes no responsibility for any damage or virus which might affect your computer equipment or other property by reason of your access to, use of, or downloading of any material from its Website, its other online platforms or for any illegal intrusion or intervention in the IT system.

10.4 ART IN TIME reserves the right to interrupt or discontinue any or all of the functionality of its Website or its other online platforms. ART IN TIME accepts no responsibility or liability whatsoever for any interruption or discontinuing of any or all functionality of its Website or its other online platforms resulting from actions or omissions of ART IN TIME or any third party.

11. CHANGE OF INFORMATION

11.1 The Content of the Website or of ART IN TIME’s other online platforms may contain inaccuracies or typographical errors. ART IN TIME reserves the right to make changes, corrections, and/or improvements to such Content at any time without prior notice but does not assume any responsibility to do so.

11.2 The style, drawing and colours of ART IN TIME products featured on the Website or on ART IN TIME’s other online platforms may be modified without prior notice.

12. AVAILABILITY OF PRODUCTS AND SERVICES

12.1 The products featured on the Website and on ART IN TIME’s other online platforms are representative of ART IN TIME’s collection. However, not all ART IN TIME products are featured on the Website or on ART IN TIME’s other online platforms.

12.2 The Website or ART IN TIME’s other online platforms may contain information on ART IN TIME products and services, not all of which are available in every location. A reference to a product or service on the Website or on ART IN TIME’s other online platforms does not imply that such product of service is or will be available.

12.3 Products and services described on this Website and on ART IN TIME’s other online platforms are available while supplies last. The product images on this Website or on ART IN TIME’s other online platforms are representative and are not necessarily photographs of the actual product you will receive. ART IN TIME reserves the right to discontinue the offering or sale of any product or service at any time, without notice. ART IN TIME will not guarantee that any particular product or service displayed on this Website or on ART IN TIME’s other online platforms will be available at any particular location, even if that location has been indicated as a source for that product or service.

12.4 While every effort is taken to try to ensure that the color, design, style, reference number, description and size of the products featured on the Website or on ART IN TIME’s other online platforms are representative of the original products, variation may occur. As such, product and service descriptions on this Website or on ART IN TIME’s other online platforms may vary from time to time, and typographical errors may occur, with the result that product and service descriptions, may not be complete, current, or accurate. ART IN TIME will not be liable for any error or inaccuracy in the description, reference, and in the photographs or graphical representations of products displayed on the Website or on ART IN TIME’s other online platforms, and is under no obligation to deliver the products and/or pay any damages whatsoever. Any questions about products can be directed to the ART IN TIME Customer Service via email at contact@art-in-time.com or through our Contact Form.

13. LINKS

13.1 The Website or ART IN TIME’s other online platforms may contain links to other third party Internet websites that are not operated or controlled by ART IN TIME. Those addresses or links are provided solely as aids to assist you to locate other Internet websites that may be of interest. ART IN TIME provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked website of any company related to ART IN TIME, in control of it, or under common control with it.

13.2 ART IN TIME has not reviewed any of the websites which link to the Website or to ART IN TIME’s other online platforms. ART IN TIME shall not be held liable for the availability or content of such websites or any article contained on or obtained through such websites. Please note that following any link to any third party website is at your own risk.

14. JURISDICTION & CHOICE OF LAW

14.1 The present Terms of Use embody the full agreement concluded between ART IN TIME and yourself concerning the access and use of the Website and its Content.

14.2 These Terms of Use, as well as your use of the Website and any agreement between us, shall be governed by and construed in accordance with the laws of the Principality of Monaco, without giving effect of conflicts of law principles. Any dispute, controversy or claim arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the Principality of Monaco and the parties agree and submit to the personal and exclusive jurisdiction and venue of this court.

15. SEVERABILITY

15.1 If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.

16. COMPLETE TERMS

16.1 Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and ART IN TIME. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced.

17. CONTACT US

17.1 If you have any questions regarding these Terms or our practices, you can contact us through our Contact Form or at:

ART IN TIME CUSTOMER SERVICE
One Monte Carlo
Place du Casino
98000 Monaco
Email: contact@art-in-time.com
Tel: +377 93 15 00 00

Effective date: 5 March 2019