Conditions of Use
This Website (hereinafter “Website“), is managed by the company Appsmob Ltd. (hereinafter the “Company“).
To register on the Website, you must be eighteen years or older, depending on the age of majority of your jurisdiction. The Company reserves the right to request documentation which is suitable and satisfying to the purpose of checking User age and/or identity. The Company has the right to block your account until the moment in which you supply satisfactory proof of your age.
You are responsible for ensuring that the legislation of your country of residence or domicile permits for you to register on the Website.
Here below are the general terms and conditions which regulate Website use, as well as the use of contents you load on the Website, or any contents created by yourself and which appear on the Website, for example any comments you may insert (hereinafter “Comment” or “Comments“), by way of example but not limited to: written, audiovisual or photographic contents (hereinafter “Content” or “Contents“), created by yourself and which appear on the Website.
With reference to the processing of personal data, you are invited to thoroughly read the Privacy Information Statement available on the Website.
1. Responsibility for Comments
1.1 Subject as provided here in article 1, you hereby recognise and accept that the Company shall not carry out any preventive checks and/or moderation of Comments, therefore:
A) You are responsible for any texts or material you publish on the Website;
B) The company shall not be held liable for the correctness, quality or completeness of Comments transmitted by yourself. The publication of comments drafted by yourself does not represent the expression of the Company’s positions or opinions. Specifically, the Company does not recognise the contents of such comments as its own.
C) The Company shall respond to third parties for Comments only if it is demonstrable in any way that the Company is aware of such Comments and is technically capable and in a condition of being able to prevent their publication, and in the event of liability pursuant to the General Terms and Conditions of Use;
D) You hereby exonerate the Company from any request brought forward by third parties based on any Comments published by yourself;
E) In all cases, the Company hereby reserves the right to check, examine, not publish and/or delete any Comments.
1.2 Subject as provided in clause 4.9 here below, you hereby recognise and accept that in the event of your violation of any clause of these general terms and conditions, upon the request of competent authorities, the Company may supply Your IP address to the latter, as per the Company’s server.
2. Guarantee of content and obligation of indemnity
2.1 You hereby expressly guarantee to be the sole owner of all rights of economic use and moral right of Contents, and to validly authorise the Company, authorised third parties and Website users to exercise their rights as per art. 3 here below, and that Contents do not violate any rights of third parties (by way of example: copyright and connected rights, rights of image, right to honour and reputation), and that said Contents shall not feature obscene, offensive, violent, libellous content, or any content harmful to personal dignity, of a blasphemous or racist nature, or which praises the inferiority or superiority of a race, population, culture or minorities, contains apologies for crimes against humanity, incitations to hate or violence, is sexually explicit or pornographic, contains child pornography, threats or harassment, information or messages on illegal activities, contents which encourage illegal activities or which may cause prejudice to third parties, incitement to dangerous behaviour and which risks inspiring emulation by minors, the use of drugs or abuse of animals, contains messages of a promotional and/or advertisement nature in violation of legislation or regulations, images not suitable for those under the age of 18.
You hereby and explicitly guarantee that you have obtained all consent and disclaimers, whenever required, from all possible owners of any rights over Contents, including, by way of example but not of limitation, in case of images or audiovisual contents, permission for the exploitation of image rights, consent for the processing of personal data of all subjects which appear in Contents, pursuant to legislative decree 196/2003.
Furthermore, you hereby declare that you explicitly accept the transfer of rights as per art. 3, for free, and therefore henceforth shall not bring forward any claims against the Company and/or assignees of the latter and/or third parties authorised by the Company and/or Website users, with reference to the exploitation of Contents, pursuant to this agreement.
2.2 With reference to the guarantee mentioned here above, henceforth you shall integrally indemnify and hold harmless the Company and authorised third parties, with reference to any liability and prejudice (including, without limitation, any legal expenses) deriving from any claims brought forward by third parties, for whatever reason and concerning the ownership of exploitation or moral rights and/or with reference to the subject of Contents.
3. Free transfer of rights
3.1 With this agreement, You henceforth grant the Company, without temporal or territorial limitations and non-exclusively, all and any right for publication, carrying out and public representation, public notification, public availability, distribution, translation, elaboration in any form and with any means, of Contents which you shall make publicly available on the Website.
The aforementioned rights may be exercised directly by the Company, or by third party subjects authorised by the Company, therefore it remains understood that the Company may identify such third party subjects, negotiate and agree conditions, including economic ones, with said third parties, for exercising aforementioned rights, at its own discretion, and in any case without you being entitled to anything for the exercising of said rights.
3.2 With reference to the rights granted under this agreement, henceforth you agree that the Company, third parties authorised by the company as well as Website Users, may use even single parts or fragments of Contents and remount Contents, in full or part, whenever deemed as appropriate by the Company or third parties, for their improved exploitation, pursuant to this agreement.
4. General Conditions of Website Use
4.1 Your use of the Website is subject to the following General Conditions of Use. Website use requires your integral acceptance of the General Conditions of Use listed here below. Failure to accept these General Conditions of Use means you shall be required to leave the Website. The Company reserves the right to change, alter, or otherwise modify these General Conditions of Use, at any time and at its sole discretion.
4.2 Licence. The Company allows you to use this Website exclusively for your own personal use and information purposes only, as disciplined by these General Conditions of Use. Said right of use may be revoked by the Company at its own discretion and at any moment. Except as provided for under these General Conditions of Use, namely by the law, you may not copy, use, transfer, lease, subcontract, lend, change, adapt, attempt to change or alter the source code, carry out reverse engineering operations, decompile, dismantle or otherwise operate, all or any part of Website contents. Information and services included in this Website have been compiled using different sources, for information and entertainment purposes only. In accessing the Website, you accept the risk that the its contents may be incomplete, imprecise, not updated, or may fail to satisfy your needs and requirements.
4.3 Intellectual Property Rights. All rights reserved. The Website and all its contents, by way of example: articles, opinions, other texts, lists, guides, photographs, illustrations, images, video and audio clips, advertisement texts, as well as brands, trademarks, domain names, companies, namely service brands and all other material which may constitute the subject of patent rights (including source codes) and/or any other forms of intellectual property (hereinafter collectively referred to as “Material”), are the property of the Company or other third parties, and are protect against non-authorised use, copying and spreading, by national laws regarding copyright, brands, advertisement, as well as other laws and international treaties. None of the contents of these General Conditions of Use and/or on the Website, may be interpreted as an implicit conferral, through acquiescence, or any other way, of a licence or the right to use any Material in any way, without prior written consent from the Company or the third party which is the owner of said Material or intellectual property published on the Website. The unauthorised use, copying, reproduction, changing, republication, updating, downloading, sending via email, transmission, distribution or duplication or any other violation of use of Material, is forbidden. In your capacity as Website User, you hereby accept not to use Materials for illicit purposes and not to violate the Company’s rights.
4.4 Exclusions and limitations of Liability. The Website and all Material contained therein are distributed in the state in which they are located, devoid of any explicit or implicit guarantee, including, by way of example, guarantees of ownership or implicit guarantees with reference to quality or suitability for use for specific purposes, and those derived from the law or namely commercial uses. The Company is not liable for any so-called “viruses”, contaminations or any damaging effects to your IT system, namely for delays, imprecisions, errors or omissions which derive from your use of the Website, or with reference to contents of the latter, within the limits of the fact that none is caused directly or indirectly by the Company’s negligence. The Company shall not be liable for any damages which may directly or indirectly derive from the use or the inability to use Material, should Material be obtained or supplied by the Company. The Company shall not be liable for the precision, contents, products, services or availability of information or software found on the Website. You hereby acknowledge that any messages, namely material sent to the Company or their parties on the Internet via the Website, may be read or intercepted by other subjects. You also hereby acknowledge that the sending of communications via the Internet may not be entirely secure or confidential, and you are required to take this into consideration before sending any personal or confidential information to the Company or third parties via the Website. You are responsible for ensuring that your computer is adequately protected against viruses, unauthorised access, or other security violations. The Company shall not be liable for any damage which may be caused to the computer of each user by any security violations or viruses, bugs, tampering, unauthorised intervention, fraud, error, omission, interruption, deletion, defects, regarding operations or transmissions, computer line failures, or any other defects of a technical or any nature, should any such event be caused by Internet transmission begun via the site or in any other way, and which is not a direct or indirect result of the Company’s negligence. Furthermore, the Website contains Material exclusively created for entertainment purposes does not constitute a representation of reality, and is not to be considered as such by yourself. Apart from entertainment purposes, You hereby declare and accept that you shall not base yourself on such Material. The Website may also contain facts, opinion, points of view, declarations or recommendations from third parties, both physical persons or legal persons or entities. The Company does not declare or guarantee the precision, newness or reliability of such facts, opinions, points of view, declarations and/or recommendations or other information displayed or distributed via the Website.
4.5 Indemnity. You hereby commit to indemnifying and holding the Company, its subsidiary and affiliated companies, partners and employees, harmless from all damages, liability, claim or demands for compensation, including reasonable legal fees, brought forward by third parties as a consequence of your use of the Site in a manner which does not comply with these General Conditions of Website Use, and/or the violation of conditions foreseen therein, and/or declarations and guarantees in these General Conditions of Website Use, and/or Comments published by yourself or on your behalf, on or via the Website.
4.6 Connected Websites. The Company is not necessarily affiliated with any websites whose links are present on the Website, and is not responsible in any manner for the contents of said websites. Such links have been provided exclusively for your convenience and you access such websites at your own risk and peril. A link from the Website to any other website does not mean that the Company approves, supports or endorses said website in any way, nor that it has any control over any element of the contents of said website.
4.7 Third Parties. Any of your relations or communication via the Website with any third party other than the Company, are exclusively between yourself and said third party. Some sections of the website may provide links to websites which enable You to carry out transactions, acquire goods or services. Said transactions may be conducted by partners of third parties or sellers. Under no circumstances shall the Company be held liable for goods, services, resources or contents made available through such relations or communications with said third parties, or for any resulting damages. Please thoroughly check procedures and policies adopted by said third parties before entering any transaction. Any complaints, claims or questions you may have with reference to materials or information supplied by third parties must be sent directly to said third parties.
4.9 Violation of General Conditions of Website Use. The Company shall assess your compliance with these General Conditions of use at its full discretion. Any violation of said terms and conditions may result in the withdrawal of the software use license granted by the Company, at any time, in compliance with these General Conditions of Use, and the Company may assert its rights in the broadest manner as permitted and foreseen by the law.
5. Declarations and Guarantees in your capacity as User
You hereby declare and guarantee:
a. to have read and understood the General Conditions of Website Use;
b. that you shall not reproduce, duplicate, copy, sell, resell, or in any way exploit the Website or its contents, or any part of said contents, for commercial purposes, reproduce or use the Company’s brands and logos in any way;
c. that you shall not publish or use false, libellous or defamatory data;
d. that you shall abstain from all forms of direct and/or indirect use, of the Service and Website, which is against the law or which does not comply with what is laid down in these General Conditions of Website Use, or the Website itself;
e. that you shall abstain from posting any of the following onto the Website: any obscene, offensive, violent, libellous comment or any comment which compromises personal dignity, any blasphemous comments and in particular comments containing: affirmations that are racist or which allude to the inferiority or superiority of a race, population, culture or minority, apologies of crimes against humanity; incitement to hate or violence, sexually explicit, pornographic or child pornography contents; threats or harassment; information or messages which inform of illegal activities, induce illegal activities or activities which may cause prejudice to third parties; incitement to dangerous behaviour and risk of emulation by minors, drug use or animal abuse, messages, even subliminal ones, of a promotional/advertisement nature; images not suitable for those under the age of 18.
f. that you shall not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar computerised threats;
g. that you shall not use software or other automatic or manual mechanisms to copy or access Website pages or their content.
6.1 This agreement (which may be changed in the future, at the Company’s discretion), contains the entire agreement between you and the Company with reference to the subject herein, and substitutes any previous and/or contextual agreements.
In the event that any part of this agreement is deemed invalid by competent authorities, said part shall be separated from all remaining clauses, and the latter shall continue to be valid and enforceable to the extent permitted or required by law.
6.2 This agreement shall be regulated by Italian Law. The Court of Milan shall be the sole competent court for any disputes which may arise concerning the validity, interpretation and execution of this agreement.
6.3 If you have any questions, comments or doubt on this agreement and/or Website, please contact us by email at: firstname.lastname@example.org.
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