These General Terms and Conditions of Use ("TC") constitute a binding agreement between Iumob S.r.l., with registered office in via Comelico 3, 20135 Milano, VAT n. 07048770965 (the "Company"), that has created and owns the platform https://www.iumeet.com, indicated with the trademark “IUMEET”(the “Platform”), which provides its users with an online-dating service (the “Service”), and the user of the Platform (the “User” and, together with the Company, the “Parties”).
The Platform contains different features and sections, by a way of example i) the “Meetings” means the Platform page where Users appear and their affinities can be selected, ii) the “Recap” the column present on some pages of the Platform where the User ‘s activities and popularity on the Platform are recorded and summarized and iii) the “Status – Profile Info” which is the phrases published by the User that can be viewed by other Users.
The TC regulate the use of the Platform by both Users located in Italy and Users located in Canada. Therefore, the User acknowledges and accepts that some dispositions of the TC might be applicable only to Italian Users while some others might be applicable only to Canadian Users and waives any and all claims towards the Company in this regard. Without prejudice to the above, the rights and obligations contained in the TC are to be applied to all Users, to the extent permitted by the relevant jurisdiction.
The TC shall be considered as the sum of the rights and commitments of the Parties.
The User acknowledges and accepts that fruition of the Services shall only be possible by registering to the Platform and creating an account thereon (the “Account”) and that some specific services (the “Extra Services”) will be supplied by the Company only upon subscription and payment of the related fee (“Subscription”). The Subscription includes, by a way of example, an advanced search service that allows to use more than one parameter when searching for other Users.
By clicking on “Register” while creating its Account, the User declares it has read and expressly accepted the TC. Should the User not intend to accept even one of the terms contained in the TC, it shall refrain from using the Platform and the Account.
THE USER ACKNOWLEDGES AND ACCEPTS THAT THE COMPANY RESERVES ITSELF THE RIGHT TO AMEND THE DISPOSITIONS OF THE TC IN ANY MOMENT, AT ITS SOLE DISCRETION, COMMUNICATING SUCH AMENDMENTS TO THE USER THROUGH THE PLATFORM. SHOULD THE COMPANY AMEND THE TC, IT SHALL:
GIVE THE USER A MINIMUM OF THIRTY (30) DAYS WRITTEN NOTICE OF SUCH AMENDMENT BEFORE IT BECOMES EFFECTIVE. THE WRITTEN NOTICE CAN BE SENT IN THE FORM OF A NOTIFICATION PUSH OR A BANNER PLACED ON THE PLATFORM; AND/OR
TO THE EXTENT THE APPLICABLE LAWS OF THE USER’S JURISDICTION, REQUIRE EXPRESS AGREEMENT TO THE APPLICABLE MODIFICATION, OBTAIN THE USER’S EXPRESS CONSENT.
THE NOTICE CONTEMPLATED IN (a) ABOVE WILL SET OUT HOW THE USER CAN ACCEPT OR REJECT THE APPLICABLE CHANGE AS REQUIRED BY THE APPLICABLE LAWS IN ITS JURISDICTION.
The User, in order to access the Services and Extra Services, shall register to the Platform and create the Account. In completing the Account, the User enters its territory, gender (Male/Female/other), the gender it is looking for, the nickname by which it will be shown on the Platform and its age. The Account is then validated by reception of a confirmation e-mail. After the Account is validated, the User shall upload a profile picture on the Account.
In addition, in order to use the Extra Services, the User shall purchase the Subscriptions. The costs of the various Subscriptions are shown from time to time on the purchase pages on the Platform. The User acknowledges and accepts that the Company may modify costs of Subscriptions at its own discretion and the User waives any and all claims towards the Company in this regard. Anyway, such changes shall be effective following the expiration of the Subscription eventually already purchased by the User. In the event the Company changes the price of the Subscription previously purchased by the User, the Company shall notify the User of such change as contemplated at article 3 (a). If the User does not agree with the price change, the User shall exercise its termination right according to what provided under the TC.
The types of Subscription are as follows:
“Promo” (which may consist, by way of example, in a trial period), which, upon expiration, automatically converts into type c) subscription below;
1 month Subscription or equivalent credit purchase;
3 months Subscription or equivalent credit purchase;
6 months Subscription or equivalent credit purchase.
The User acknowledges and accepts that some Extra Services may have to be purchased separately from any Subscription or after finishing the credits included in the Subscription (the so-called “On Demand Services”). Such Extra Services include, by way of example and not limited to the so-called “Vip Pass”, namely a service that allows the User to obtain additional features.When purchasing its Subscription, the User also authorizes any automatic charges for the Extra Services not included in that Subscription on the credit card the User has entered.
In the Subscription section the User shall enter the data necessary for the payment, its personal information, contacts and billing references. The User acknowledges and accepts that the payments and all management of the data needed for such payments are entirely managed by international payment service providers (so-called Payment Processors) in possession of the relevant authorizations and licenses needed to provide this service.
The payment of the purchased Subscription can be completed by the User either by means of a single payment for the entire price of the Subscription or for a portion thereof, through multiple payments until the total amount of the purchased subscription is paid off.
In the event of purchase of the Subscription through credit card payment, upon the conclusion of the online transaction, the reference bank will authorize only the amount relating to the purchase made. The related amount shall actually be charged to the credit card entered by the User. In the event of cancellation of the purchase order related to the Subscription by the Company, the Company shall promptly request to the banking system the cancellation of the transaction and release of the committed amount to the User. For some card types, release times depend exclusively on the banking system, and can reach the 24th day after the authorization date. Once the transaction has been cancelled, the User acknowledges and accepts that in no case can the Company be held liable for any damages, direct or indirect, caused by a delay by the banking system in releasing the amount committed. The Company reserves the right to request additional information from the User (by way of example, landline phone number or copies of documents proving ownership of the card used). In the absence of the required documentation, the Company reserves the right to cancel the purchase order related to the Subscription and the User waives any and all claims towards the Company in this regard. The User acknowledges that the Company will not be able to know the information relating to the User’s credit card during the Subscription’s purchase process and that such information will be transmitted via secure connection directly to the site of the bank managing the transaction. These data will not be kept in any of the Company's archives. Under no circumstances can the Company be held liable for any fraudulent or improper use of credit cards by third parties at the time of payment.
The correct receipt of the Subscription’s purchase order is confirmed by the Company by means of an e-mail, sent to the e-mail address inserted by the User in the Account. The aforementioned e-mail will contain, the “Customer Order Number”, to be used by the User in any further communication with the Company. The e-mail repeats all the data entered by the User who undertakes to verify its details and request any amendments promptly, according to the methods described herein. The User acknowledges and accepts that the Company reserves the right not to accept the User’s purchase order related to the Subscription. In this case, the Company shall communicate such decision to the User as soon as reasonably possible.
The User acknowledges and accepts that it is a condition of its use of the Platform that all of the information the User provides to the Company when registering and creating the Account is correct, current, accurate and complete. If the User provides any misleading or false information to the Company, its right to use the Platform will become invalid and the TC will be automatically terminated and void.
Unless otherwise required by applicable law, the User acknowledges and accepts that its Subscription purchases are non-refundable except where the Company has materially breached the TC in which case the User may be entitled to a refund.
The Account of the User who purchased a Subscription will include a dashboard with a summary of the status of the Subscription, through which the User can manage payment methods.
THE USER ACKNOWLEDGES AND ACCEPTS THAT UPON EXPIRATION OF THE PURCHASED SUBSCRIPTION, THE SAME SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED IN THE FORM OF THE PREVIOUSLY PURCHASED SUBSCRIPTION. Where required by applicable law, the renewal date will be specified in a renewal notice provided to the User. The User can prevent the automatic renewal by sending a notice of termination, to be communicated via email to the address: firstname.lastname@example.org, within the following terms:
for “type a)” Subscription: at least twenty-four (24) hours before expiration;
for “type b)” Subscription: at least fifteen (15) days before expiration;
for “type c)” Subscription: at least thirty (30) days before expiration;
for “type d)” Subscription: at least sixty (60) days before expiration.
The cancellation of the Subscription will be effective upon the expiration of the relevant paid period and the User will have full use of the Extra Services until that time.
In the use of the Account and, in general, of the Platform, the User can enter contents that concern the same User (the “Contents”), making changes at any time, with a dedicated page of the Platform for photos (both public and private). The Platform consists of a number of areas in addition to the Account, some of which are considered as Extra Services and are available only to Users with Subscriptions. The User acknowledges and accepts that only through its Account will it be able to use the Platform, including, by way of example, searching for other Users through the “Search” function, viewing messages in chats.
The User acknowledges and agrees that the Platform aims to facilitate communication and interaction between Users. The Company reserves the right to create and use multiple user profiles, with which the User will not be able to arrange real-life meetings, solely to guarantee the best user experience of the Platform. The User waives any and all claims towards the Company in with regard to the user profiles created by the Company under this article.
To use the Platform, the User shall, inter alia:
install IE10 or higher browser;
activate receipt of session cookies and acceptance of the display of pop-up windows.
THE USER ACKNOWLEDGES AND ACCEPTS THE PLATFORM IS A SOCIAL NETWORK FOR ADULTS TO INTERACT. THE COMPANY DOES NOT ENDORSE OR ENCOURAGE ANY UNLAWFUL BEHAVIOUR IN ANY JURISDICTION IN WHICH SUCH PLATFORM IS MADE AVAILABLE. THE USER IS RESPONSIBLE FOR ITS OWN COMPLIANCE WITH ALL LAWS THAT MAY APPLY TO IT AND ITS BEHAVIOUR.
The User acknowledges and accepts that both Services and Extra Services are ONLY intended for persons 18 years or older and who have otherwise attained the age of majority and legal consent in the jurisdiction of their residence. The Company will not knowingly permit anyone who does not meet these criteria to use the Platform. By using the Platform and/or using the Services and Extra Services, the User represents and warrants that it is at least 18 years old and otherwise has the right, authority and capacity to accept the TC and abide by all of the TC set forth herein. The User also represents and warrants that it will not allow any minor access to the Platform or the Services and Extra Services, including taking all precautions and implementing all parental control protections on the User’s computer or other electronic device used to access the Platform to prevent any minor from gaining access to the Platform. Further, the User hereby commits to inform the Company immediately should the User become aware of a minor using the Platform.
Whilst the Company requires all our Users to be at least 18 years old, the Company is not responsible or liable for any misrepresentations regarding a User’s age or for the unauthorized use of the Platform by a minor.
In the use of the Platform, the User undertakes to act responsibly in a manner demonstrating the exercise of good judgment. By way of example, the User undertakes not to:
violate any applicable law or regulation of its own jurisdiction;
infringe the rights of the Company or any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights;
use the information available through the Platform for any unauthorized or unlawful purpose;
interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Services and Extra Services or their contents;
use the Platform to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers;
use the Platform to obtain the personal contact information of another User without their prior consent;
use the Platform in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
"stalk" or harass any other User of the Platform;
use the Platform if the User has ever been convicted of a sexual offense or currently has such charges pending against it;
use the Platform for any illegal purposes, including, without limitation, prostitution and/or solicitation;
collect or store any information about any other User other than in the course of the permitted use of the Platform;
use the Platform for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products;
impersonate any other person or entity;
remove any copyright, trademark or other proprietary right notices contained in the Platform;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Services or Extra Services;
post, upload or transmit false, misleading or illegal information or content to the Platform;
make false statements, attempt or use personal, financial or other information that the User is not authorized to use;
upload, post, e-mail, transmit or otherwise make available any content that the User is not legally permitted to make available to the Platform under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality);
disrupt the flow of dialogue, cause a screen to “scroll” faster than other Users are able to read to type, or otherwise engage in behavior that negatively affects the ability of other Users to engage in communications or other interactions on the Platform;
collect or store personal data about other Users without their consent, or upload, post, e-mail or transmit any other User’s private information or data;
provide hyperlinks, URL links, graphic links or other direct connection to the Platform for profit or gain; or
assist any third party in doing any of the foregoing.
The User hereby undertakes to indemnify and hold the Company harmless of any damages, costs, claims and expenses, including legal expenses, incurred by the Company as a consequence of the User’s violation of its obligations under this paragraph “User Conduct”.
The User acknowledges and accepts it is solely responsible for any Content that the User submits, posts or transmits via the Platform. The User undertakes not to post or submit any Content that:
is libelous, defamatory or slanderous;
contains pornographic, sexually explicit or vulgar content;
may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred or physical harm of any kind against any group;
exploits images or the likeness of individuals under 18 years of age including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, or harms minors in any way;
encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes) or any illegal acts;
makes use of offensive language or images or is otherwise patently offensive to the online community;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or spam;
promotes an illegal or unauthorized copy of another person's copyrighted work;
characterizes violence as acceptable, glamorous or desirable;
contains any illegal material or any material that infringes or violates another party's rights (including, without limitation, intellectual property rights and rights of privacy and publicity);
constitutes an illegal act (including, without limitation, prostitution and/or solicitation) or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
provides or promotes inaccurate, misleading or false information; or
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The User acknowledges and accepts that, while the Company does not and cannot review every message or other material posted or sent by Users, and is not responsible for any content of these messages or materials, the Company reserves the right, but are is obliged, to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials, including, without limitation, advertisements, Accounts, public postings, e-mails, and messages, that the Company, after a report and in its discretion (acting reasonably), deems to violate the TC or any applicable content guidelines, or to be otherwise unacceptable. The User remains solely responsible for the Content of its Account, public postings, messages and other materials the User may upload to the Platform or send to other Users.
If any information that the User provides to the Company subsequently becomes inaccurate, misleading or false, the User hereby undertakes to promptly notify the Company of such change.
The Company reserves the right to investigate and take appropriate legal action in its reasonable discretion against anyone who violates these or any other provisions of these TC, including, without limitation, removing the offending communication from the Platform, terminating the violator's access to the Platform and contacting and disclosing information to the relevant authorities.
The User accepts and acknowledges that the Company cannot guarantee, and assumes no responsibility for verifying, the accuracy of the information provided by other Users.
The provision under this article may not be fully applicable in Quebec and to Users to whom the Quebec Consumer Protection Act applies. The User hereby undertakes to indemnify and hold the Company harmless of any damages, costs, claims and expenses, including legal expenses, incurred by the Company as a consequence of the User’s violation of its obligations under this paragraph “User’s Responsibilities”.
The User acknowledges and agrees that all contents and materials available on the Platform are protected by either the Company’s intellectual property rights, or the rights of the Company’s licensors or other third parties, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. The User shall not use any of the marks, logos, domains and trademarks that the User may find on the Platform, unless the User has the Company’s written permission.
The User shall not sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the Platform or contents and materials in any manner. Notwithstanding the above, the User may use the content and materials on the Platform in the course of its normal, personal, non-commercial use of the Platform and Services in accordance with the TC.
The User agree not to use any of the Company’s trademarks or logos in any way not connected to the use of the Services or Extra Services.
If the User downloads or prints a copy of any content for its personal use, it shall retain all copyright and other proprietary notices contained on such content. The User agrees not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of content and materials or enforce limitations on use of the Platform or the content and materials therein. All rights not expressly granted herein are reserved.
By submitting any Content (including, without limitation, the User’s photograph and profile and other information) to the Platform, the User represents and warrants that the Content is posted by the User and that the User is the exclusive author of the Content and use of its Content by the Company will not infringe or violate the intellectual property or other rights of any third party.
By submitting any Content to the Platform, the User represents and warrants that the User has the right to grant, to the extent permitted by the applicable jurisdiction, to the Company, and its licensees, parent, subsidiaries, affiliates and successors, an unlimited, perpetual, worldwide, non-exclusive, royalty-free irrevocable, transferable right and license to use, reproduce, display, broadcast, publish, quote, create derivative works of, translate, sub-license, export, share, assign and modify such Content or incorporate into other works such Content, and to grant and to authorize sub-licenses and other transfers of the foregoing. The User specifically authorizes the Company to use the license above described to reproduce and display the Contents, in digital form alone or in connection with other images and contents, and to adapt, modify or alter the Contents or otherwise create derivative works based upon the Contents even for commercial or promotional purposes related to the Platform and or the Company’s activity.
The User acknowledges and accepts the Company has no obligation to post any Content that the User or anyone else submits.
The User shall not retrieve any content or any materials from the Platform to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise.
The User hereby undertakes to indemnify and hold the Company harmless of any damages, costs, claims and expenses, including legal expenses, incurred by the Company as a consequence of the User’s violation of its obligations under this paragraph “Intellectual Property”.
The User acknowledges and accepts that any Account of other Users, as well as communications from such Users, may not be true, accurate or authentic and may be exaggerated or fantasy and that the Company is not responsible for such Accounts and/or communications.
In the use of the Platform, the User may access content from third parties ("Third Party Content"), either via the Platform itself or through links to third party web sites, that is false, offensive, indecent, inaccurate, incomplete or otherwise objectionable. The User acknowledges and agrees that the Company does not control Third Party Content and makes no representations or warranties about it. The Company does not endorse any responsibility for any Third-Party Content. Third Party Content is subject to the privacy and security policies of those third parties, which may differ substantially from the Company’s privacy policies. The User acknowledges and accepts that Third Party Content is the sole responsibility of its authors or sites displaying such Third Party Content and under no circumstances shall the Company be liable in any way for any Third Party Content, including, without limitation, any inaccuracies, errors or omissions in any Third Party Content or any losses, liabilities or damages of any kind arising out of or incurred as a result of the use of any Third Party Content posted, stored or transmitted via the Platform.
The User acknowledges and accepts that the Company reserves the right at any time to modify or discontinue, temporarily or permanently, any portion of the Services, including the Extra Services, also in case such use may breach any applicable laws. The User acknowledges and agrees that the Company will not be liable to the User or to any third party for any modification or discontinuance of the Services. In addition, the Company reserves the right, at any time, in its reasonable discretion, to block Users from certain IP addresses from accessing the Platform where required by law or to avoid a breach of the TC.
The following provision may not be fully applicable in Quebec and to users to whom the Quebec Consumer Protection Act applies. THE USER ACKNOWLEDGES AND ACCEPTS THAT:
THE PLATFORM’S CONTENT IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY.
WHILST THE COMPANY TAKES REASONABLE COMMERCIAL EFFORTS TO PROVIDE THE SERVICES, INCLUDING EXTRA SERVICES TO ITS USERS, THE COMPANY CANNOT WARRANT THAT (i) THE SERVICES AND EXTRA SERVICES WILL MEET THE USER’S REQUIREMENTS; (ii) THE SERVICES AND EXTRA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) ANY INFORMATION THAT THE USER MAY OBTAIN ON THE PLATFORM WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL, INCLUDING THE SUBSCRIPTIONS PURCHASED OR OBTAINED BY THE USER THROUGH OR IN CONNECTION WITH THE PLATFORM WILL MEET THE USER’S EXPECTATIONS; (v) ANY INFORMATION THE USER PROVIDES TO OTHER USERS WILL NOT BE DISCLOSED TO THIRD PARTIES; (vi) ANY ACCOUNT ON THE PLATFORM IS ACCURATE, UP TO DATE OR AUTHENTIC; (vii) ANY MATERIAL OR FILES THAT THE USER CAN DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY HAVE DAMAGING; (viii) THIRD PARTIES WILL NOT USE THE USER’S CONFIDENTIAL INFORMATION IN AN UNAUTHORIZED MANNER; OR (ix) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE PLATFORM AND/OR IN CONNECTION WITH THE SERVICES OR SUBSCRIPTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY NOR ANY OF ITS AFFILIATES, ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM ANYONE'S USE OF THE PLATFORM, ANY CONTENT POSTED ON THE PLATFORM OR TRANSMITTED TO USERS, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES OR ANY CONDUCT OR INTERACTIONS BETWEEN USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE.
IF THE USER ACCESSES OR TRANSMITS ANY CONTENT THROUGH THE PLATFORM, IT DOES SO AT ITS OWN DISCRETION. THE COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE PLATFORM OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE PLATFORM OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PLATFORM.
THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY IS NOT RESPONSIBLE FOR THE INFORMATION, CONDUCT OR INTERACTIONS, WHETHER ONLINE OR OFFLINE, ENACTED OR PROVIDED BY ANY USER.
THE COMPANY DOES NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON THE USERS, even though it reserves the right to monitor all interactions between the Users and to take any action in good faith to restrict access to or the availability of any material that it may consider to be illegal, obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable and the User hereby expressly consents to the foregoing.
IN NO EVENT SHALL THE COMPANY BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE USER ACKNOWLEDGES AND ACCEPTS THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE PLATFORM; (ii) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR PERMITTED DISCLOSURE OR ALTERATION OF THE USER’S CONTENT; (iv) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE PLATFORM; OR (v) ACTIONS OR INACTIONS OF OTHER USERS OR ANY OTHER THIRD PARTIES THAT THE COMPANY DOES NOT CONTROL FOR ANY REASON.
THE USER ACKNOWLEDGES AND ACCEPTS THAT THE COMPANY WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THE TC WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM BREAKDOWNS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF NOTWITHSTANDING THE FOREGOING THE COMPANY IS FOUND TO BE LIABLE TO THE USER OR ANY THIRD PARTY ACCORDING TO A FINAL JUDGMENT OF THE RELEVANT AUTHORITIES, THE COMPANY’S AGGREGATE LIABILITY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE PLATFORM OR THE TC WILL NOT EXCEED THE SUM OF FOUR THOUSAND (€4,000) EUROS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CERTAIN GUARANTEES, CONDITIONS, REPRESENTATIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY APPLICABLE LAW, AND DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM MAY LAST. IF ANY GUARANTEE, CONDITION, REPRESENTATION, WARRANTY OR TERM IS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW AND CANNOT BE EXCLUDED (A "NON-EXCLUDABLE PROVISION"), AND THE COMPANY IS NOT ABLE TO LIMIT YOUR REMEDY FOR A BREACH OF THE NON-EXCLUDABLE PROVISION, THEN ITS LIABILITY FOR BREACH OF THE NON-EXCLUDABLE PROVISION IS LIMITED EXCLUSIVELY (SO FAR AS APPLICABLE LAWS DO NOT PROHIBIT) TO, AT ITS OPTION, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
In the performance of its contractual obligations, the Company undertakes to respect the provisions of Italian Legislative Decree no. 196/2003, as amended by Italian Legislative Decree 101/2018 (hereinafter, the “Code”) and EU Regulation 2016/679 (hereinafter, “Regulation”; the Code and the Regulation are together defined as “Privacy Law”) and, for this purpose, undertakes to implement any physical and organizational security measures necessary in order to assure the integrity and correctness of personal data processed, as well as the lawfulness of the processing. The data may be processed only to the extent strictly necessary to carry out the activity under the TC.
The User, by accessing to its Account, may at any time correct, rectify or update its personal data. Should the User decide to cancel its Account, all its personal data will be erased by the Company, except if keeping such personal data is required by law.
The User accepts and acknowledges that it does not have the right to assign the TC or any of its rights hereunder, including the Account and any Subscriptions, to anyone.
The Company has the right to assign any or all of its rights and obligations under the TC. Provided such rights and obligations are assumed by the assignee, the Company shall be relieved of any and all liability under these TC and in such event the User hereby agrees to release the Company of all liability, claims, charges, damages and causes of action.
The User acknowledges and accepts that the Company may terminate the TC and, consequently, the User’s access to the Platform (i) in case of breach the TC by the User; (ii) where required by law. The User acknowledges and accepts that the Company is not required, and may be prohibited, from disclosing to the User the reason for termination. The User acknowledges and accepts that termination of its access to the Platform in these circumstances may be effected upon the expiry of a period of 15 (fifteen) days from the communication of the Company. Upon the expiration of the period of 15 (fifteen) days, the Company may immediately deactivate or delete the Account and all related information and files and/or bar any further access to such files or the Platform.
Further, the User acknowledges and accepts that, unless required by applicable law, the Company will not be liable to the User or any third party for any costs or damages of any kind for or resulting from any termination. Unless otherwise required by applicable law, the User will not be entitled to a refund of any Subscription upon termination in the circumstances described in this clause.
Each Party may terminate the TC at any time, by simple written communication to the other Party, giving at least 15 (fifteen) days' notice, to the addresses specified below at article 63.
The User who purchased a Subscription may withdraw from the same Subscription at any time within the first three (3) days of making its payment of the Subscription, provided that the User has not started using the Extra Services. In case of withdrawal from the Subscription within three days from its payment, the User shall be reimbursed of the payed amount. Unless otherwise required by applicable law, the User will not be entitled to any refund of any Subscription fees upon its termination of its Subscription after three days after the payment of the Subscription.
Except as otherwise stated by applicable jurisdiction, the TC will be governed by Italian law. The governing law does not impact the User’s rights as a consumer according to the consumer protection laws and regulations of its country of residence. Any disputes regarding the interpretation, application or breach of the TC, will be submitted to the Court of Milan. NOTWITHSTANDING THE ABOVE, THE USER HEREBY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AGAINST THE COMPANY.
Any tolerance on the part of the Company towards the User 's behavior that breaches any provision of the TC does not constitute a waiver of the rights deriving from the violated provision, nor of the right to demand the correct fulfilment of all the provisions contained herein.
Any failure or delay in exercising a right pertaining to the Company pursuant to the TC shall not be considered as a waiver of its rights.
The TC contain the overall agreement reached by the Parties with respect to their subject matter, and they prevail over all previous communications, declarations and agreements, both oral and written, reached by the Parties.
If any term or other provision of these TC is declared invalid, voidable or unenforceable, all other conditions and provisions herein will remain, in any case, fully valid and effective. If any term or provision is erased due to it being invalid, contrary to mandatory rules or unenforceable, the Parties undertake to negotiate in good faith and modify these TC in such a way as to best achieve the original intention of the Parties in order to fulfil in the best possible way the commitments made herein.
The Company and the User act in full independence. The TC do not give rise to any relationship of collaboration, agency, association, intermediation or subordinate employment between the Company and the User.
Any communication from one Party to the other pursuant to the TC shall be sent either by registered letter or by e-mail (with the notification of receipt option) to the following addresses:
for the Company: email: email@example.com;
for the User: to the postal address, to the e-mail address inserted by the User in the Account.