Terms And Conditions



DISTRIBUTION: TERMS AND CONDITIONS

VisualContainer is an Association devoted to promoting and distributing the video-artworks (hereafter named ARTWORKS) currently stored in its own archive (on view at: www.visualcontainer.org) also through the renting of the ARTWORKS. The ARTWORKS relevant to the RENTAL are “integral true copies not available for marketing”. Such editions are thus digital copies on Digital Video and Audio (DVD) disks which have been previously authorized and expressly edited for VisualContainer by the relevant artists (hereafter named AUTHORS): with respect to the quality and length, they are thus completely true to the original version(s) signed by the artist, but have no commercial value and cannot be used but for what is hereby stated or expressly authorized by VisualContainer following previous agreement. According to this, all CLIENTS agree to strictly act in compliance of the copyright regulation and of the agreement(s) signed with VisualContainer. The rental of the ARTWORKS will be available according to the following editing formats:

  • SINGLE FORMAT : n . 1 DVD containing n. 1 WORK;;
  • MONOGRAPHIC FORMAT: n . 1 DVD containing more WORKS by the same author;
  • COMPILATION FORMAT: n . 1 DVD containing several works by different AUTHORS.

COPYRIGHT

All works have to be considered covered by copyright, also according to the agreements between the AUTHORS and VisualContainer . The WORKS being rented CANNOT therefore in any way, even only in part, be duplicated ( in either an analog or in digital format ), shown to the public, broadcasted in any way (via cablecast or webcast ), distributed or disseminated by any means, without the previous formal authorization by VisualContainer or relevant AUTHORS . VisualContainer checks the accordance with the copyright and controls the integrity of the WORKS, thus protecting the intellectual property of AUTHORS also in accordance with the international laws on copyright. In the absence of prior and formal approval by VisualContainer ( as the distributor ) or by the AUTHOR ( as the owner of the copyright ), any reproduction on any type of media – in full or even partial - of the WORKS being rented/sold will lead the offense of " piracy " and will be thus prosecuted according to the law.

HOW TO PLACE A RENTAL ORDER

The rental process must be done via e-mail. Once any videoart work has been selected from the ARCHIVE, the CUSTOMER will have to express his selection and request for renting by sending an email at the following address: amministrazione@visualcontainer.orgAND attaching the APPLICATION FORM filled in any of its parts. In response to such pieve of e-mail by the CUSTOMER, VisualContainer will provide an estimate of the RENT as soon as possible. The CUSTOMER will resort to the above mentioned e-mail address for any other issue relevant to the rental, should he/she need to.

PAYMENTS

After receiving the estimate, the CUSTOMER will pay by bank transfer to the account that will be provided . The payment signs the full acceptance of this Regulation and of any additional terms agreed with VisualContainer. Only after checking the invoice relevant to successful bank transfer, will the delivery of the WORK(S) to the CUSTOMER be possible. All the shipping charges both ways (thus also including the handing back of the ARTWORKS to VisualContainer), must be paid in full by the RENTER (that is to say: by the CLIENT), including any customs clearance.

RENTAL COST

The RENTAL SERVICE involves different costs in proportion to the duration and the editorial format of the video(s) of interest. Discounts and special offers are available in case of rentals for long periods ( to be defined) and/or in case of educational purposes. For such reasons, the actual amount of the rental must be agreed with VisualContainer according to what mentioned above. VisualContainer informs the CUSTOMERS that any income from the RENTAL SERVICE ( with the exclusion of the production costs relevant to the MONOGRAPHIC and COMPILATION formats) will be shared with the authors. The costs of shipping to (VisualContainer > CUSTOMER) and from ( CUSTOMER > VisualContainer, when returning the formats ) the Customer’s destination will be at the CUSTOMER’s expense . If the CUSTOMER is living abroad, he/she will have to also bear any extra costs relevant to custom duties, in addition to the above mentioned ordinary shipping costs ( for the delivery and return of the artwork ). VisualContainer will deal exclusively with specialized operators in the shipping industry for the delivery to the CUSTOMER, thus ensuring promptness and best services. Its is clearly understood that in no way shall VisualContainer have responsability for the unsuccessful or delayed shipping of the ARTWORKS because of defective service from the courier, thus including the loss of ARTWORKS or they damage: in all these cases, the CUSTOMER will be indemnified for the sole rental cost previously paid. The CUSTOMER agrees to indemnify and hold VisualContainer harmless from any damage suffered as a result of delayed or missing delivery of the WORK(S)

RETURNING THE VIDEO WORKS

Rented ARTWORKS must be returned to VisualContainer by the CUSTOMER within five (5) working days of the final agreed renting date, at the CUSTOMER’s expense, as previously stetd in the CUSTOMER’s mail (see point 1). The date indicated on the shipping note of the CUSTOMER’s courier will bear witness to the actual returning date. Failure to returns ARTWORKS within five (5) working days will result in further automatic charges of the fifty percent (50%) per day per each rented ARTWORK. All returns from outside the European Union might differ from what above stated and be privately discussed. IMPORTANT NOTE: when returning the ARTWORKS, the CUSTOMERS assume full responsability for the loss, damage or any other problem relevant to the ARTWORKS. In order to minimize risks, VisualContainer strongly recommends to resort to insured shipments by courier or registered mail with return receipt.

DATA PROTECTION

All CUSTOMER’s personal details are processed according to the following regulation: INFORMATION TO VISUALCONTAINER’s CUSTOMERS IN COMPLIANCE WITH ART. 13 OF ITALIAN PRIVACY REGULATIONS ( Legislative Decree no. 196/2003): Dear Client, in compliance with the article 13 of the Italian Law number 196/2003 on the protection of Personal data, please be informed that:

  1. The personal data you provided with filling out the agreement form hereby presented shall be processed by VISUALCONTAINER for the normal provision of:  a) the rental service as indicated in the TERMS AND CONDITIONS referred to above;
  2. Such CUSTOMER’s personal details shall be processed only for providing the above mentioned rental service and its purposes. Any loss or faulty communication of such personal details may result in the impossibility of starting or eventually processing the requested services.
  3. All personal details are generally processed using information technology, even though some parts of the process may require written agreements on paper, such as in the case of the first data collection.
  4. The personal details may be passed over to credit institutions for liability only with regards to the above mentioned service.
  5. Any other case of communication shall be subject to agreement by the parties concerned (i.e. the CUSTOMER).
  6. The CUSTOMER is entitled at all times to the rights indicated in the article 7 of the Italian Law 196/2003.
VISUALCONTAINER is the data process holder. Any relevant request must be addressed to the following e-mail address: amministrazione@visualcontainer.org.

FINAL RULES

Amendments to this text will be announced exclusively via the official website of VISUALCONTAINER ( www.visualcontainer.org ). This version is to be considered hence effective as of 3 June 2013.