Premises

All users (as defined below) are invited to take note of the terms of use here below (“agreement” or “terms of use”) before using the services offered by LoveItaly! (ex iLoveItaly! and as hereinafter defined). This agreement lays down legally binding terms and conditions for use of the web site at www.loveitaly.org (the “Website”).

The User agrees to respect the website terms and conditions set forth in this agreement (navigation, visits, subscriptions). This agreement shall be extended to all users of the website and/or the service, including users who are informers, technicians and contributors of the portal itself.

Definitions

The following terms shall have the following meanings when used in the terms of use, with the clarification that the terms and expressions defined in the plural form are also referred to in the singular and vice versa:

  • “Privacy Code” means the Legislative Decree No. 196 of June 30, 2003 on the protection of personal data as modified from time to time and/or integrated.
  • “Terms of use”: has the same meaning given in article 1.
  • “Content” includes, without limitation, any User Contribution, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features, provided, or otherwise made accessible by LoveItaly! or its partners on or through the service.
  • “LoveItaly!” indicates the cultural Association LoveItaly!, based in Rome at via Giolitti 34 together with its associates, administrators, directors, employees, representatives, consultants, and employees and its parent companies and/or subsidiaries, and their directors, representatives, consultants and employees.
  • “Portal”: has the same meaning given in article 1.
  • Service“: means all services made available on the portal, including but not limited, to those that allow advertisers to download or upload materials, audio/video content, data or documents, and to use all functions, devices, applications, information or other services available through the portal.
  • Supporters” means any user who has registered on the portal in order to support a project.
  • Issuers regulation“: has the same meaning given in article 3.1.
  • Brokers Regulation“: has the same meaning given in article 3.1.
  • TUF“: has the same meaning given in article 3.1.
  • User“: means any visitor access to the portal and/or use of it and regardless of whether you are an advertiser or a supporter.

Article 1. The service

  1. LoveItaly!, the owner and operator of the portal, is an online storefront that provides an indexing task, data collection, profiling and promoting various projects through the provision of services that can help LoveItaly! to create, promote, manage and facilitate the collection of economic contributions for the implementation of projects regarding LoveItaly!. Such contributions are basically free of charge, and in any case no obligation to refund, in accordance with the relevant legislation and exemptions regarding
    1. investment services and activities,
    2. public offer of financial products, and
    3. promotion and placement by means of distance communication referred to in Legislative Decree of February 24, 1998, no. 58 (the “TUF“), the rules adopted by resolution of the Consob n. 11971 of May 14, 1999 (the “Issuer Regulations“) and of the rules adopted by resolution No. 16190 Consob of October 29, 2007 (the “Intermediary Regulation”), as modified from time to time.
  2. All Users agree and accept that LoveItaly! Assumes an obbligation of means and not of result.

Article 2. Terms of Use

  1. The service is offered and subject to acceptance, without modification, of all terms and conditions contained in this agreement, including privacy under the Privacy Code which can be found on www.loveitaly.org/privacy (“Privacy Policy“), and all rules and operating conditions and (of) systems which in turn can be published on the portal by LoveItaly!, each of which may be updated by LoveItaly! from time to time without notice. In addition, some of the services may be subject to LoveItaly!’s terms and conditions. The use of these services is subject to those additional terms and conditions which form an integral part of the Terms of Use.
  2. The Service is available to those who have completed eighteen years of age.
  3. The User declares and guarantees that he/she is at the legal age to stipulate a binding contract and that all registration details are accurate and truthful. LoveItaly! may, at its sole discretion, refuse to offer the service to any person or entity and change its eligibility criteria at any time.

Article 3. Modification of Terms of Use

  1. LoveItaly! reserves the right, in its sole discretion, to substitute or modify one or any of these terms of use, and/or change, suspend or discontinue the service at any time, by posting a notice on the Website or by sending an e-mail message (for registered users).
  2. LoveItaly! may also impose limitations on certain features and/or services, or restrict access to parts or all of the service without notice or liability. It is the User’s responsibility to periodically check the terms of use. The continued use of the service, after the posting of any changes to the terms of use, constitutes acceptance of the latter.
  3. LoveItaly! shall communicate to the e-mail address provided by the registered user (according to section 6 upon acceptance of this agreement) all information and instructions necessary for the successful completion of the requested operation.
  4. It is understood that any change regarding the user’s registered email address shall be promptly notified to LoveItaly! who, in the absence of such communication, will continue to perform their legitimate task using the registered email address even if it is obsolete.

Article 4. Registration

  1. To use the Service, you must register by entering the requested data in the registration form provided on the portal.
  2. Once the required data have been entered correctly, the user will receive a confirmation e-mail containing a link to complete the registration process. All personal data provided by users during registration and during the use of the service will be processed by LoveItaly! in respect of the Privacy Code and as indicated in the Privacy Policy. Users will not be able to submit personal data of third parties and/or third party images without having previously obtained the data subject’s consent to the processing of personal data and the communication of these to third parties. Users assume full responsibility for the violation of the Privacy Code as amended, expressly indemnity against LoveItaly!.
  3. Each user acknowledges and agrees to be responsible for maintaining the confidentiality of the password and the Login ID email address which allows you to access the service.
  4. By registering on the portal, each user expressly accepts that provision of the service takes place in accordance with the terms of use and, after reading the Privacy Code, consents to allow the processing of personal data.
  5. By providing your email address, you agree to receive all required electronic notices to the provided email address and shall update or change this address. Notices will be provided in HTML in the text of the email or through a link to the appropriate page on the portal.
  6. If the user becomes aware of any unauthorized use of registration information, the user agrees to immediately notify LoveItaly! at their email address [ciao@loveitaly.org].
  7. With the completion of registration, you agree to provide truthful, accurate data which can to be provided on request.

Article 5. Obligations and responsibilities of the user

  1. LoveItaly! is not responsible for the content of information posted by the user on the network, for damages caused directly or indirectly by the services provided.
  2. The user undertakes to use the service according to the terms of use.
  3. The user is also responsible for all activities related to use of the service.
  4. You must not (and may not allow third parties) to engage in conduct designed to download, upload, post, publish or distribute, or facilitate distribution of any content on or through the service, including, without limitation, and not limited to any User submission, that:
    1. involve infringement of any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligations;
    2. present offensive nature, insulting, vulgar, libelous, pornographic, obscene, child pornographic, defamatory, blasphemous and in any manner inconsistent with the principles of public order or morality;
    3. present elements and/or content that is not true, misleading or inaccurate;
    4. contain elements that constitute unsolicited, unauthorized, and represent promotional materials, spam, or chain letters;
    5. contain viruses, computer code, files or programs designed or intended to disrupt, damage or interfere with the proper functioning of the service, cause a unreasonable overload of activity of technological infrastructure and servers or to intercept or appropriate operating systems, data or personal information or violate, steal or suppress information or electronic correspondence to third parties.
  5. LoveItaly! does not accept liability for any content on the site or through the service. LoveItaly! undertakes to monitor the site, services, content, and material posted by users. However, it reserves the right to remove or modify any content at its sole discretion, without limitation; and this at any time, without notice and for any reason.
  6. You agree not to decipher, disassemble, decompile, reverse engineer or otherwise attempt to extract confidential and/or secret codes, algorithms or ideas of any part of the service, except to the extent restricted and permitted, modify, translate, or create derivative works from any part of the service, or otherwise rent, copy, distribute, rent, lease or otherwise transfer any rights.

Article 6. Service features

  1. Access to the portal and the use of the service may be suspended or interrupted in case of congestion and/or system overload, as well as to ensure that the interventions of routine and extraordinary maintenance, at the sole discretion of LoveItaly! without this involving any liability of LoveItaly!, which in no way guarantees the uninterrupted functionality of the portal.
  2. LoveItaly! is not always able to predict or anticipate technical difficulties or otherwise which may result in loss of data storage or loss thereof. LoveItaly! is not liable for delays, malfunctioning, suspension and/or interruption in the provision of the service caused by tampering or unlawful interventions: by third parties on services or equipment used by LoveItaly!; force majeure or accidental occurrence; tampering or interventions on connection devices, within the availability of users, carried out by the latter or by unauthorized third parties; malfunctioning/wrong configurations of connection devices used by users; incorrect use of the service by users.

Article 7. LoveItaly! commitments

LoveItaly! is committed to maintaining the efficiency of the service provided: if it were forced to interrupt the service for exceptional events or for maintenance, LoveItaly! will restore the service as soon as possible to minimize the risk of disruption of any kind. LoveItaly! will define the procedures for access to the services, and reserves the right to update them at any time, in order to increase efficiency.

Article 8. Limitations of liability and disclaimers of LoveItaly!

  1. You acknowledge and agree that LoveItaly! shall not be liable, without prejudice to criminal intent and gross negligence, in respect of: users accessing the portal; effects arising from users use of the portal; interpretation and/or use of content; accessible content through the portal; content on the Website and related information that some people may find offensive or inappropriate. LoveItaly! will make no declarations concerning any content accessed through the portal, and LoveItaly! will not be liable for the accuracy, authenticity, completeness, legality, copyright compliance, decency of material or content made available through the website or the service.
  2. The service is offered in the current state as referred to in the terms of use, without warranties of any kind, implied or expressed, for which we decline all responsibility.
  3. You agree to defend, indemnify and hold harmless LoveItaly!, its affiliates, employees, directors and persons acting in any capacity on behalf of LoveItaly!, from all liability, actions, claims and expenses that may arise, or related to the use or misuse of the website, content, services or otherwise in violation of the terms of use, or infringement by user, third parties or the use of any intellectual property or other right of any person or entity.
  4. LoveItaly! will not be liable, except in the case of fraud or gross negligence, for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content stored on LoveItaly!, transmitted over networks accessed by the Site, or otherwise connected with your use of the service.
  5. LoveItaly! can connect to other sites or resources on the Internet, and other websites or resources may contain links to the portal. These other websites are not under the control of LoveItaly! and you acknowledge that LoveItaly! is not responsible for the content, functions, accuracy, appropriateness, legality or any other aspect of such websites or resources. The inclusion of any link does not imply any recognition by LoveItaly! or any association with its operators. The user agrees that LoveItaly! will not be liable, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with use of or reliance on any such content, goods or services available on or through any website or resources.

Article 9. Details of offers

  1. The offer made by the Donator is a mere act of liberality.
  2. Upon reaching the established threshold, the Donator’s has the right to the promised reward by LoveItaly!. It is understood that the reward consists of a non-monetary asset of modest value.
  3. The Donator does not acquire any rights of ownership or real rights on the supported project, any rights of economic exploitation of supported project, nor intellectual property rights, nor trademark nor patent on the further development of the project in the future.
  4. The offer made by the Donator on the LoveItaly! platform in support of a project, will remain a promise of payment until the end of the project. The Donator is obliged to make available the sum promised before the expiry date foreseen for the supported project.

Article 10. Fundraiser

  1. LoveItaly! maintains a portal that collects donations from supporters for the realization of projects promoted by LoveItaly!. The figure to reach is determined for each single project by LoveItaly! and in the estimated time needed for raising the funds. The amount of the donation required from supporters is divided into tranches and decided by LoveItaly!
  2. LoveItaly! declares to have opened a bank account with Unicredit, Piazza Barberini 40, dedicated to collecting donations on behalf of projects published. Donators will be able to make payments according to LoveItaly! indications.
  3. LoveItaly! is not responsible for its interactions with organizations and/or individuals found on or through the service; this includes the supply of goods and/or services, and any other terms, conditions, warranties or representations associated with the ads on LoveItaly!.
  4. It is understood that LoveItaly! conducts the reward procedures of its donors at its own discretion.
  5. LoveItaly! reserves the right to cancel, terminate or suspend a project at any time, for any reason. In this case, LoveItaly! will be responsible for the tax regularization of the amount received in respect of its fiscal and contributory position.

Article 11. Rates and payments

  1. Access to the service offered by LoveItaly! is free.
  2. LoveItaly! is responsible for paying all fees and applicable taxes, related to the use of the portal.
  3. The Supporter and LoveItaly! state and guarantee that the use of the service and fund-raising mechanism referred to in article 12 is carried our in compliance with national and community laws relating to the prevention of the use of the financial system for the purpose of money laundering and financing of terrorism.

Article 12. LoveItaly! activities

  1. LoveItaly! does not sell, offer nor invite to sell any title,. LoveItaly! does not offer, recommend or encourage the public in any way to subscribe and/or purchase any title or social participation. None of the information contained on the site constitutes or should be construed as a solicitation to public savings, a recommendation to purchase any financial instrument, a sale or an offer to sell, nor is it in any way public offer of financial products and/or placement of the same activity.
  2. LoveItaly! does not provide services or financial advice and/or investment, subscription and/or placement of financial instruments, legal advice and/or receive and send tax orders, mediation or placement of financial products. LoveItaly! is not a securities company or a broker or an authorized financial intermediary and is not authorized as such within the meaning of the legislation on financial intermediation.

Article 13. Protection of intellectual property

  1. You acknowledge and agree that the service may include materials and information protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary right. The user therefore undertakes to respect and preserve all copyright information and restrictions contained in any content accessed through the service. LoveItaly! may at its own discretion terminate the accounts of users who infringe the intellectual property rights of others. If the user believes that its work and/or project and/or product has been copied in a way that constitutes copyright infringement, please give LoveItaly! copyrights in a written statement, containing all information relating to the requirement and peculiarities. In particular, LoveItaly! needs a description of the copyrighted work and/or copyright that you claim has been infringed; the description of the material that you claim is infringed, and that is on the site LoveItaly!, that allows LoveItaly! to locate such material; address, phone number and e-mail address of the user.

Article 14.  Intellectual property rights-Advertisers

  1. LoveItaly! can give users the ability to add, send, upload, create, collect and distribute video, content, postings in forums, scripts, audio clips, data, text, software, photographs, images, scripts, or other information to the portal (the “user contributions”). Presenting material on the Site or otherwise through the service, the user expressly acknowledges that: a) you may be identified publicly by your user ID in association with any such User submission; b) that you allow LoveItaly! the right to use the materials uploaded, to reproduce, use, prepare derivative works, distribute, display related products the User Contribution in relation to the portal, and without limitation for promoting and redistributing it on the portal. The user declares and warrants that it has all rights to user contributions, or the content of such user contributions is public domain, and to has full authority and entitlement to act on behalf of such user contributions. The user declares and warrants that the use or other exploitation of such User Submissions by LoveItaly! do not violate any rights of any third party, including, and without limitation, privacy rights, copyrights, publicity rights, contract rights, or any other intellectual property or proprietary rights.
  2. LoveItaly! has no control over the material presented by the user. LoveItaly! cannot guarantee the authenticity of the data that users may have. The user expressly acknowledges that all content accessed by using the service are under the user’s responsibility, including any damages that may result.

 Article 15. Rescinding clause

In accordance with article 1456 of the civil code, the user acknowledges that any breach of the obligations set out in the above articles 3, 4, 5 and 13, to the extent to which lay down obligations by the user, shall constitute grounds for automatic termination of the contract which legitimates LoveItaly! to suspend the service, to receive partial compensation for the damage suffered, and stop LoveItaly! from carrying our the same Act against you for reimbursement of additional major damage.

Article 16. Court of jurisdiction

The terms of service (and any further rules, policies or guidelines to integrate reference herein) shall be governed according to the laws of the Italian State, without giving rise to any principle of conflicts of law. You agree that any legal action or proceedings that may arise or result from the application of this agreement, the place of jurisdiction for both territory is solely that of the Court of Rome.