Luxembourg 05/12/2025
WEBSITE GENERAL TERMS AND CONDITIONS OF USE
These general terms and conditions of use (the "GTCU") apply to any individual user (the "User" or "you") of the website accessible at the following address: www.elenigemeni.com (the “Site”).
The Site is operated by Mrs Eleni Gemeni (the “Artist”).
Use of the Site by the User implies acceptance of and compliance with all of the following provisions.
OBJECT AND DEFINITIONS
​The GTCU govern the use of the Site by the User.
​​
The Site aims at showcasing the Artist’s digital artwork and giving Users the means to contact the Artist if they seek to obtain further information and/or if they are interested to purchase a work. Users may contact the Artist through the contact page or by sending an e-mail to elengemarte@gmail.com.
​
The Site showcases only original artwork in either limited or unique edition fine art prints. The artwork is available for purchase with a certificate of authenticity. In case of a purchase of artwork displayed on the Site, additional terms and conditions of sale will govern that contractual relationship.
The following terms used on the Site and in these GTCU have the following meaning :
Digital Art : Digital art refers to artworks created or presented using digital technology. This includes, but is not limited to, works produced through digital drawing, photo manipulation, digital painting, and digital collage. Digital art can exist in various forms, such as images, animations, and interactive installations. As a unique and original expression of creativity, digital art is protected by copyright law as outlined in the Directive 2001/29/EC of the European Parliament and of the Council on the harmonization of certain aspects of copyright and related rights in the information society and/or in any other applicable legislation.
Original Digital Artwork : Original digital artworks are defined as unique creations that are conceived and executed solely by the artist using digital tools and media. Each piece is an individual expression, not a reproduction or copy of any existing work. The artist retains all copyright and related rights unless otherwise agreed upon through a written licensing agreement.
Limited Edition Fine Art Prints : Limited edition fine art prints refer to a number of prints produced from the original digital artwork. The artist specifies a finite number of prints to be produced from the original digital file. Each print is numbered (e.g., 1/10) and signed by the artist, along with a certificate of authenticity that verifies the edition size and the artist's authorship. The total number of prints created is predetermined and communicated to the buyer prior to sale. Once the edition limit is reached, no further prints will be produced.
Unique Edition Fine Art Prints : Unique edition fine art prints refer to a single, one-of-a-kind print produced from an original digital artwork. Unlike limited editions, unique edition prints are not replicated, and only one copy exists. The artist guarantees that this print is the sole physical manifestation of the digital artwork, providing a certificate of authenticity that confirms its uniqueness and the artist’s authorship.
​
The Artist reserves the right to modify all or part of the GTCU at any time, without prior notice and with immediate effect. The date of the last update of the GTCUs appears at the top left of the page.
​
ACCESS TO AND USE OF THE SITE
The Site is accessible free of charge to any User with internet access. All costs relating to access to the Site, including hardware, software and/or internet access costs, are borne exclusively by the User, who is solely responsible for the proper functioning of his/her computer equipment and internet access.
​
It is strictly forbidden (i) to undermine or attempt to undermine the security of the Site and its users in any way whatsoever, in particular but not exclusively by means of computer viruses or by carrying out any actions that would represent an unreasonable or disproportionate strain on the Site's infrastructure and (ii) to collect and exploit the contents of the Site and/or any related data by using data mining systems, robots or any other method without the Artist’s prior written consent, for any purposes whatsoever, including for purposes of providing pricing information or for creating artist portfolio or career analytics through apps, databases or any other means.
​
The Artist reserves the right to refuse access to the Site, unilaterally and without prior notice, to any User who does not comply with the GTCU.
​
INTELLECTUAL PROPERTY
Unless stated otherwise the entire Site, including its structure, graphics, object or source codes, as well as all content and artwork displayed on the Site, are and shall remain the Artist’s exclusive property and are protected in the entire world by legislation on intellectual property, and in particular by copyright law.
​
Certain graphic elements in composite works may be in the public domain or may have been obtained through a Creative Commons, artistic, or commercial license. The Artist claims no copyright in these elements. Graphic elements and works themselves, including original photographs, drawings, collages and other artwork, may have been edited or altered through the use of artificial intelligence (“AI”). Nevertheless, all resulting artwork as shown on the Site is the Artist’s own intellectual creation.
​
Any total or partial reproduction, modification, adaptation, extraction, display, communication to the public or other use of the Site and/or its contents, and in particular of the artworks displayed through the Site, for any purposes and on any medium whatsoever, is – without prejudice to mandatory legal exceptions - strictly prohibited without the Artist’s express prior written consent. For the avoidance of doubt, such prohibition includes but is not limited to the making of screenshots, of works or copies similar to the original or mimicking the style of the original, of derivative works, of NFTs or of any other types of reproductions as well as to text and data mining, whether for commercial or non-commercial purposes.
​
The artwork displayed on the Site may not be used for training purposes of AI models or systems nor for the creation of AI generated content or works, including but not limited to the creation of generative artwork or graphic elements and designs, use as a reference image or use in any kind of parameters such as sref, cref, or any other parameters used by, e.g, AI image generators or OpenAI.
​
Any breach of the provisions of article 3 of these GTCU constitutes an infringement punishable by the legislation in force and may render the User liable.
LIMITATION OF LIABILITY
The Artist uses all reasonable means to ensure the best possible availability, access to and quality of the Site, but assumes no obligations other than a “best effort” obligation in this respect. The Artist does not guarantee the continuous operation of the Site, which may be interrupted at any time for e.g maintenance or development purposes.
​
The Artist cannot be held responsible in the event of malfunction or failure of the network or servers or any other technical malfunction beyond her reasonable control which prevents or alters access to all or part of the Site, such as a failure of the hosting infrastructure, electronic communication networks or electricity supply.
​
The quality of operation of the Site may vary depending on the User's personal internet access service parameters. The Artist cannot be held liable, directly or indirectly, for any malfunction of the Site caused by one or more of the technical characteristics inherent to the internet network, computer hardware or software used by the User, for any reason whatsoever.
​
The Artist draws the User's attention in particular to the limitations and constraints of the internet and the impossibility of guaranteeing the total security of data exchanges. It is therefore the responsibility of each User to take all necessary measures to protect himself/herself/themselves against any type of unauthorized intrusion.
​
HYPERTEXT LINKS
The Site may contain hypertext links or references to other internet sites belonging to third parties, such as galleries or social networks. The Artist accepts no responsibility for the content of these internet sites.
​
Any hypertext link to the Site requires the Artist’s express prior written consent.
​
RELATIONSHIP BETWEEN USERS AND THIRD PARTIES
Correspondence and possible commercial relationships with any third parties, such as galleries, to which the Site may refer, take place directly between the User and the third party concerned.
Consequently, the User acknowledges that the Artist cannot be held responsible for any loss or damage whatsoever resulting from such correspondence and/or relationships.
PERSONAL DATA
The Artist processes Users' personal data in the manner and for the purposes described in the Information notice on the protection of personal data .
Personal data that you transmit to a third party, such as a gallery, referred to on the Site will be processed by that third party in accordance with its own personal data protection policy and under its entire responsibility. The Artist assumes no responsibility in this respect.
​
VALIDITY
The invalidity of one or more of the provisions contained in the GTCU shall in no way affect the validity of the other clauses, which shall remain in full force and effect.
​
If any provision (or part of a provision) of the GTCU is declared invalid, inapplicable or illegal by a court or administrative authority, the other provisions shall remain in force.
​
APPLICABLE LAW AND JURISDICTION
The GTCU are governed and interpreted in accordance with Luxembourg law, subject to mandatory legal provisions applicable to Users who are consumers residing in another member State of the European Union.
​
In the event of a dispute, the parties will attempt to reach an amicable settlement. In the absence of an amicable agreement, the courts of the judicial district of Luxembourg City will have jurisdiction to hear any dispute relating to the Site and its use as well as to the interpretation and performance of obligations under the GTCU. This is subject to mandatory legal provisions granting Users who are consumers residing in another member State of the European Union the right to bring a claim or to have a claim brought against them before the courts of their country of residence.
​
Notwithstanding articles 9.1 and 9.2 above, the Artist reserves the right to bring claims for infringement of intellectual property rights before any other court having jurisdiction and any law applicable under rules of private