1. Conditions:
You expressly accept to use the service of
SiCreativo.com
in accordance with the following conditions and privacy policy.
2. Subject matter of the contract.
The subject matter of the contract is the supply from SiCreativo.com of a personal and reserved webspace for the publication of images and texts. This service is free.
3. Acceptance of the service:
In using the service, you state and assure that: a)you are of age (18 years). In using the service, a minor must be allowed by his parents or by the people who have the parental authority or custody of the child; they are, therefore, the only responsible for any behavior held by the minor; b)you do not share content protected by copyright or other peoples content unless you own the rights or have permission from the owner.
4. Service access and confidential information.
After the registration, you may start using the service by choosing an account (ID) and a password. Your registration will be entirely successful if you place true, right and complete confidential information at SiCreativo.com disposal. If your personal data change, you have to inform SiCreativo.com in good time. You are the only responsible for the damages caused by the inaccuracy of your personal data. SiCreativo.com agrees that it shall not make any disclosure of any or all confidential information to anyone, with the exception of a request by the Judicial Authority.
5. Confidential nature.
You expressly accept to keep the codes with extreme diligence and care. You may not authorize any third party to use your password or your ID on your behalf. You are therefore responsible for every damage caused to SiCreativo.com and/or to any third party as a consequence of illegitimate use, subtraction, dismay of the codes.
6. Intellectual property rights of SiCreativo.com on the service.
All the rights of intellectual property related to the present website and connected to it belong to SiCreativo.com. The user commits therefore himself: a)to make exclusively a personal and not a commercial use of the service; b)not to download, upload, copy, print, show, reproduce, grant the licence, transmit or distribute any material of the site. The reproduction of the published material is allowed only by permission of SiCreativo.com and only if its source is quoted; c)to use the service without infringing the US laws, the laws of other Countries and in a proper way. The rights of SiCreativo.com don't include the material and the content you publish on the Web.
7. Intellectual property rights of the User on the published material.
You have the absolute ownership of any material put on the website
and
you automatically grant the right and the license to SiCreativo.com,
free of charge and transferable to third, to use it, to reproduce it,
to adapt it, to distribute it in public, by any means and forms.You hereby grant to Company a perpetual, irrevocable, royalty free, worldwide license to use, publicly display, distribute, sublicense, modify and otherwise fully exploit any Content that you submit to Company. Company may do any or all of the foregoing for any purpose necessary or relating to the Company's services, products or advertising. Any Content that you submit is deemed non-confidential, and SiCreativo.com shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in the Content.
You shall be solely responsible for the Content and the consequences of posting or publishing it. In connection with the Content, you affirm that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SiCreativo.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Site and this Agreement. Company has the right in its sole discretion to refuse to post Content for any reason, including, but not limited to, submitted Content that appears to contain material protected by intellectual property rights held by a third party.
You agree that SiCreativo.com is not responsible for any violations of any intellectual property rights in any Content that you submit to SiCreativo.com. You understand that by using these services that your Content will be publicly available to others and that SiCreativo.com has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your Content by others.
8. Warranties and liability of the User The use of this service is entirely at your risk and under your full liability.
You are therefore the absolute responsible for any content put into the Web that is chargeable to you by your ID and/or your password. The User commits himself not to publish: a) pornographic, obscene, or paedophilian material; b) material that causes in any way damage to minors; c) offensive and blasphemous material or material against ethics; d) material with purposes against public order; e) material illegally detained (pirate software, not authorized copies, etc.); f) advertising or sponsorships; g) material tied up to the gambling, competitions, games that ask for a money participation; h) material protected by copyright or professional secret; i) any kind of material that is damaging to third party, with particular reference to copyrights or other rights of intellectual and industrial property; j) material that contains virus or other programs that may damage the functionality of the site; k) material that promotes or induces to illegal activity; l) material that violates or induces to violate any law or regulation; It is particularly forbidden the use of the service to cause in any way prejudice to third party or to commit or to encourage any kind of crime.
9. Warranties and liability of SiCreativo.com
SiCreativo.com commits himself to assure the continuity of the service, except in case of: a) act of God or fortuitous event ; b) tampering on the services or on the equipment, carried out by the User or by third party; c) wrong use of the services by the User; d) faulty operation of the connection devices used by the User, even when it is due to the non-observance of the laws and rules on safety, prevention, accidents and industrial injuries. SiCreativo.com is moreover not responsible towards the User and third party for the direct or indirect damages caused by the mismanagement (suspensions, interruptions, etc.) due to fortuitous event or act of God, except for the ones imputable to malice or gross negligence of SiCreativo.com. SiCreativo.com has no obligation to oversee the contents diffused through the service, nor the obligation to actively seek facts or circumstances that point out the presence of illegitimate activity; SiCreativo.com is therefore exonerated from any responsibility in case of possible controversy on the legality, truthfulness, correctness, quality, originality and paternity of the material put into the website. If SiCreativo.com becomes acquainted with the illegitimate or prejudicial feature of the content published online by the User a) it will immediately remove the information or it will disable the access to them; b) it will soon inform the competent judicial or administrative Authority. SiCreativo.com, declines besides every responsibility for possible imitations or copies from third, as well as for the possible loss, cancellation or alteration, momentary or definitive, of images and texts published in the website.
10. Other liability of SiCreativo.com (virus, connections to third sites).
SiCreativo.com commits itself to maintain the Web Site without virus, but it doesn't guarantee that it is immune of them. The User has therefore to adopt suitable safety measures and he has to use an antivirus program to avoid the loading of virus on his own software. In case of hypertext link to third sites, SiCreativo.com doesn't have any responsibility for the possible illegitimate content of these, neither some obligation of control them.
11. Clause of manleva.
The User is forced to release the liability and to hold uninjured SiCreativo.com as well as the checked and connected subjects and its representatives, its agents and its employees from all the losses, the damages, the responsibilities, the costs, the burdens and the expenses, including the possible legal expenses that might be suffered or sustained by SiCreativo.com as a consequence of any default from the User of the obligations and warranties written in this contract and however connected to the use of the service, also in case of compensation for damages claimed by third party.
12. User Interaction.
You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
13. No Disruption.
You will not: (i) cover or obscure the banner advertisements on your personal profile page, or any SiCreativo page via HTML/CSS, scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or (iii) introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services.
14. Irrelevancy.
SiCreativo reserves the right to remove any and all irrelevant content, including reviews, from a topic-based area or a campaign, at its sole discretion.
15. Suspension of the service.
SiCreativo.com has the right to remove, without notice, the registration of the User and any material produced and published by him which violates the conditions of this contract.
16. Resolutive condition If the User doesn't use the service.
SiCreativo.com for over 4 months in succession, SiCreativo.com has the right to disable his access to the site.
17. Changes of terms and conditions of use.
SiCreativo.com has the right to modify these conditions in every moment and without notice. In using the service, the User has to completely accept the new conditions.
18. Copyright Policy.
It is the policy of SiCreativo to terminate account and/or site privileges of any User who repeatedly infringes copyright rights. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact us as described in our Copyright/Publicity Rights Policy.
19. Limitation on Liability.
IN NO EVENT SHALL SICREATIVO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SICREATIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SICREATIVO%uFFFD%u20AC%u2122S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY US DOLLARS ($50) AND THE AMOUNTS YOU PAID TO SICREATIVO IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM.
20. Release.
You hereby release SiCreativo, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any SiCreativo event. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: \"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.\"
21. Indemnity.
You agree to defend, indemnify, and hold SiCreativo, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys%uFFFD%u20AC%u2122 fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
22. General.
1. U.S. Export Controls. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
2. Governing Law. This
Agreement shall be governed by the laws of the
State of California without giving effect to any conflict of laws
principles that may provide the application of the law of another
jurisdiction. Any legal action or proceeding relating to your access
to, or use of, the Services shall be instituted exclusively in a state
or federal court located in California. You and SiCreativo agree to
submit to the jurisdiction of, and agree that venue is proper in, these
courts in any such legal action or proceeding.
23. Express rescinding clause.
According to art. 1456 c.c., in case of violation of one of the foregoing norms, SiCreativo.com will rescind by full right this contract without notice and without being bound to pay any indemnity, except the reimbursement of incidental damages suffered. 16) If any competent Authority states the nullity, the invalidity or the voidness, in whole or in part, of a disposition, the rest of this contract will not change.
24. Applicable law and Competent jurisdiction.
For the disputes in the execution and interpretation of this contract, the laws of Italy govern this contract, with the exception of the norms that regulate the conflict of laws. The Competent jurisdiction is that of the residence or of the domicile of choice of the User, if situated in the US territory.
25. Notes.
What is not provided in the contract, is governed by the law in force.
Explicit approval of the clauses
According to articles 1341 and 1342 c.c., the User states to have read and to approve the following clauses of this contract:
4) Service access and confidential information5) Confidential nature
8) Warranties and liability of the User
9) Warranties and liability of SiCreativo.com
10) Other liability of SiCreativo.com (virus, connections to third sites)
12) Suspension of the service
13) Resolutive condition
