SEE THE UPDATED VERSION: https://www.notion.so/nibol/Terms-0dfab2e28d6e4cd39fdd3dde3d669b98
Last updated: 10/02/2019
Welcome to Nibol.
1. The holder of the service
Nibol S.R.L., Via Bordighera 14, 20142 Milan, VAT. 10683870967, e-mail address firstname.lastname@example.org, (hereinafter the "Owner") makes available to all Users the ability to access and use the website and the Nibol application (hereafter "Application") of its exclusive ownership, which offers a platform that connects customers with third parties (local) and provides useful information of the premises to interested customers. (hereinafter "Products" or individually "Product").
Please read these terms and conditions of use carefully (hereafter the "Conditions") before using the Application. By using the Application, the User accepts the Conditions and agrees to comply with them. Otherwise, the User can not use the Application.
The Data Controller may modify or simply update, in whole or in part, the Conditions. The changes and updates will be binding as soon as they are published on the Application. The User is therefore invited to view the Conditions for each access to the Application and it is advisable to print a copy for future reference.
It is understood that under no circumstances may the Controller be held liable in the event of loss, dissemination, theft or unauthorized use by third parties, under any title, of the Users' access credentials.
3. Account cancellation and closure
The Owner, in case of violation by the User of these Conditions or applicable provisions of law, reserves the right to suspend or terminate the User's account at any time and without notice.
4. Contents sent by Users
The User can upload on the Application material, content or information (hereinafter the "Contents" or individually the "Content"), provided that the Content is not unlawful (ie obscene, intimidating, defamatory, pornographic, abusive, or for any illegal title) , or violates the privacy, the intellectual and / or industrial property rights of the Owner and / or third parties) or is not otherwise harmful to the Owner and / or third parties or deplorable and does not contain viruses, political propaganda, commercial solicitation , mass e-mails or any other form of spamming.
The Owner, while not being able to ensure an accurate control of the Content received, reserves the right to cancel, move, modify those that, at its discretion, appear illicit, abusive, defamatory, obscene or infringing the copyright and trademarks or in any case unacceptable.
It is forbidden to use an email address that is not owned by the User, to use the personal data and credentials of another User in order to appropriate his identity, or otherwise declare the false origin of the Contents.
The User agrees not to use violent terms or that discriminate on the basis of race, religion, gender, sexual inclinations, physical or mental disabilities and other. The use of violent language will be grounds for immediate suspension and expulsion from the Application.
Without the express authorization, the User must refrain from disseminating or distributing by any means Content that contains offers of commercial content of any kind.
The User acknowledges and agrees that the Content sent to interact with the Application (by way of example and not exhaustively, to send comments, express opinions, participate in surveys and initiatives, send images or video and audio files) may be modified, removed or published by the Owner. The User grants to the Owner an unlimited right of non-exclusive use on the Content sent by the User, without limitations of geographical areas. The Owner may therefore, directly or through third parties of his trust, use, modify, copy, transmit, extract, publish, distribute, perform publicly, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt ( including without limitation the right to adapt for transmission by any means of communication) in any form or with any instrument currently known or that will be invented in the future, each Content (including images, messages, including audio and video), which should be sent by the User, also through third parties.
In relation to the content sent, the User therefore renounces any material and moral rights that he can claim as an author even with respect to changes made by the Owner to such Content and in the event that the changes are not acceptable or accepted by the author himself.
The contents sent will not be returned and will remain the property of the Owner, who therefore remains exempt from any liability towards Users for the loss, modification or destruction of the Content transmitted.
The User also warrants that the contents are sent to the Application through his account by more than age. For minors, the submission of Content must be screened and authorized by the parent parental authority.
5. Industrial and Intellectual Property Rights
The Holder declares to be the owner and / or licensee of all the intellectual property rights related to and / or related to the Application and / or the materials and contents available on the Application. The User may use the Application and the materials and content contained therein only for personal and non-commercial use. These Terms do not grant you any license to use the Application and / or individual content and / or materials available there. Any other use or reproduction of the Application or the materials or contents contained therein is strictly prohibited.
All trademarks, figurative or name and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos appearing in the Application are and remain the exclusive property of the Owner or his licensees and are protected by trademark laws and related international treaties.
Any reproduction in any form of the explanatory texts and the contents of the Application, if not authorized, will be considered violations of the owner's intellectual and industrial property right.
6. Exclusion of the Guarantee
The Application is provided "as is" and "as available" and the Owner provides no explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will meet the Users' needs or that it will not Never interrupt or it will be error free or it will be free of viruses or bugs.
The Data Controller will endeavor to ensure that the Application is available continuously 24 hours a day, but can not in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the Owner or due to force majeure events.
7. Limitation of Responsibility
The User undertakes to indemnify and hold harmless the Holder (as well as any companies controlled by him or her affiliates, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend oneself in court, which may arise for damages caused to other Users or third parties, in relation to the Uploaded Content, to the violation of the terms of the law or the terms of these Conditions.
Therefore, the Holder will not be responsible for:
Any losses that are not a direct consequence of the violation of the Contract by the Owner;
Any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not exhaustively, commercial losses, loss of revenues, income, profits or expected savings, loss of contracts or commercial relations, loss of reputation or goodwill value, etc.);
Damages or losses deriving from interruptions or malfunctions of the Application due to force majeure events or, in any case, to unforeseeable and unforeseeable events and, in any case, independent of the will and unrelated to the Owner's sphere of control such as, by way of non-exhaustive example, breakdowns or interruptions to telephone or electrical lines, to the internet and / or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications ;
Incorrect or unsuitable use of the Application by Users or third parties;
The issue of incorrect tax documents due to errors in the data provided by the user, since the latter is solely responsible for the correct entry.
In any case, the limit of liability of the Owner may be more than twice the cost paid by the user for the service used.
8. Connection to third-party sites
The Application may contain links to third-party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may refer to third-party sites that provide services through the Application. In these cases, the individual services will be applied to the general conditions for the use of the site and for the use of the service prepared by third parties, with respect to which the owner assumes no responsibility.
9. Force majeure
The Holder can not be held responsible for the failure or delayed fulfillment of his obligations herein, due to circumstances beyond the reasonable and foreseeable control of the Owner. The fulfillment of the obligations by the Owner pursuant to these Conditions will be considered suspended for the period in which the Force Majeure Events occur. The Data Controller will perform any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of Force Majeure Events.
No waiver by any party to an article of these Conditions will be effective unless expressly declared to be a waiver and is communicated in writing.
11. Invalidity of individual clauses
Should any provision of these Conditions prove illegal or invalid, it will not be considered as part of the General Conditions and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
The Owner reserves the right to modify these Terms at any time by giving specific notice on the Application. The User acknowledges and agrees that any changes to these Conditions will apply to orders sent by Users after the date of notification of modification of the Conditions.
The protection and processing of personal data will be in accordance with the Privacy Notice, which can be consulted at https://medium.com/@nibol/informativa-privacy-96567f29803.
14. Applicable law and jurisdiction
These Terms and all disputes concerning the execution, interpretation and validity of this contract are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Holder is located.
15. Updating of these Conditions
We may make changes to our Service and our policies and we may modify these Terms to accurately reflect our Service and our policies. Except as otherwise provided by law, we will notify you (eg through our Service) before making any changes to these Terms so that they can consult them before their entry into force. If you continue to use the Service, you must comply with the updated Terms. If you do not wish to accept these Terms or any updates thereof, you may delete your account.