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:. Condition Terms
Terms and Conditions for the Use of the Writers’ Program Writers is a program of PaesiOnLine S.r.l. whose legal address is in via San Francesco d’Assisi no. 4, 00040 Rocca di Papa (RM) and hereinafter referred to as “PaesiOnLine”. The object is to allow the users of the network to contribute (in text format, photographs and video) in a useful way to the description of the localities described on the web sites belonging to PaesiOnLine, so that they may advise and present either a single location or the activities that make the locality attractive to the travelers who wish to visit the site. This program is divided into five parts that have their own conditions and which enable the participants respectively to publish content and advice within the community that is provided by PaesiOnLine; obtain tourism services at discounted prices; obtain free tourism services; obtain useful benefits; become an operator. The present document is designed to regulate the use of the first area described and to establish the relationship between the users and PaesiOnLine. 1. Your relationship with our company and the use of the program. The present contract, that is legally valid with PaesiOnLine, is constituted as follows: (A) the present document; (B) the document regarding the regulations of PaesiOnLine’s Privacy stipulations (http://www.paesionline.it/privacy.asp); (C) Omissis of the General Guidelines of the Community of PaesiOnLine (http:// paesionline.it/community_guida.asp) 1.1 The Terms and Conditions will be applied to all the users who take advantage of the program. 2. Acceptance of the Terms and Conditions by the users. Validity and structure of the Contract. 2.1 The Contract is to be considered concluded with the use of the services presented on our web sites, and PaesiOnLine will consider the use of the services as express acceptance of the Terms and Conditions starting on the date of the user’s first access to the sites. 2.2 Both parties are bound by the present contract and expressly renounce their right to contest the validity of a contract stipulated and transmitted via the internet in conformity with the present agreement. Both parties agree to the fact that the contract had been stipulated by electronic means. 2.3 You may not use the program unless you are of legal age as established by a binding contract with PaesiOnLine, neither may you use the program if you a person who has been forbidden or by other means legally forbidden to receive or use the Program according to the laws of the land in which you are resident (or where you have your main office) of where you log on or use the Program. 2.4 We advise you to print or save a copy of the Terms and Conditions for your personal guarantee. 3. Legally binding versions of the Terms and Conditions. 3.1 Where PaesiOnLine provides you with a translation of the Italian version of the Terms, the translation is provided exclusively for your information. Your relationship with PaesiOnLine will be governed by the Italian language version. 3.2 In the case of contestation between the Italian language version and the translation, the Italian language version will be deemed to be valid. 4. Modification of the Terms and Conditions. 4.1 PaesiOnLine guarantees the possibility of your unquestionable right to periodically modify and integrate the Terms. When these modifications occur, PaesiOnLine will provide a new copy of the Terms on the web site http://www.paesionline.it/termini_writers.asp. 4.2 You recognize and accept that the use of the Writers’ Program, after the date on which the Terms have been modified on PaesiOnLine is equal and acceptable to the updated terms. 4.3 You are required to periodically check to see if the Terms have been modified. 5. Requirements for the use of the Program 5.1 In order to log on to the Program you will have to register, declaring and guaranteeing the verification of all the personal and legal information supplied. When you make your registration you are required to supply all the information required as precisely and completely as possible. We would remind you that for exclusive security it is important the you keep your access keys to the services offered by PaesiOnLine as safe and secure as possible. 5.2 If you realize that your access data as offered by PaesiOnLine has been violated by a third party, it is necessary that you advise us immediately of the fact, even if you realize that there has been an unauthorized use of your program on the sites provided by our company. 5.3 You are required to keep the access key with the greatest care and you will be responsible for any damage caused or consequent to the knowledge of the above mentioned access key on the part of a third party. 6. General limitations on the use of your site. 6.1 According to the present contract, PaesiOnLine gives permission to accede to a site where a person may use the services offered by the Writers’ Program under the following conditions: - you accept the use of the services offered by the Writers’ Program by following the elementary rules of behavior and the ordinary diligence of a good father, undertaking not to act in any way that could compromise the function, regularity, safety and reputation of the service available to its users and other third parties; - you agree to use the Program by following the predefined guidelines offered by the Company and without making any modifications and/or alterations to any part of it and within the web site where the Company is located; - you agree not to use the web site and the PaesiOnLine web site for any illegal or illegitimate purpose; - if you insert a video format into the PaesiOnLine Writers’ Program, you agree to insert a clear link to the web site specifically to the pages containing the PaesiOnLine companies, and you will not modify the PaesiOnLine companies in any way; - you agree not to use or launch any computerized system, including, for example, but not in particular, any robot, spider or offline reader that links to the web site by sending additional requests to the PaesiOnLine server in a given period of time in which a person can reasonably be expected to do so by using a standard browser (i.e. non modified) that is publicly available; - you agree that you will not collect any personal data or any user of the site nor of any Service; - you agree that you will not use the web site and the Services to solicit business of a commercial kind or anything in connection with a commercial enterprise; - you agree that you will not solicit any user of the web site for commercial activities. Should you default on any of these conditions it will be considered a violation on your part of the present Terms and Conditions. 6.2 You agree to conform to all the other requirements of the Terms during your use of the Writers’ Program. 6.3 PaesiOnLine allows the public search engine operators permission to use spiders to copy material from the site but only to create a search index of the material that is publicly available, but not for the purposes of caching or filing this material. PaesiOnLine reserves the right to revoke these exceptions both in general and in specific cases. 6.4 PaesiOnLine may interrupt (either temporarily or permanently) the provision of the Writers’ Program (or any other aspect within the service) to you or to the users at the exclusive discretion of PaesiOnLine, without having to communicate this in advance. You may cease using the Writers’ Program at any moment. You need not specifically inform PaesiOnLine when you decide to terminate the use of this service. 6.5 You agree to be exclusively responsible for (and PaesiOnLine is not responsible to you or in regard to third parties) for any violation of your obligations in connection with the terms and for the consequences of said violation, including any loss or damage that may be suffered by PaesiOnLine. 7. Copyright policy 7.1. No User may publish, modify, distribute and/or reproduce in any fashion the material protected by copyright or brand, not any other information belonging to others without the previous written consent of the owner of the rights in question. 7.2 PaesiOnLine may cancel a subscription and thereby interrupt the service to any subscriber who violates more than twice, the rights of third parties relative to the copyright without the previous written consent of the owner of the rights in question or of his legal representative 7.3 In consideration of the above dispositions, if the User believes that one of his legally protected copyrighted works has been copied and posted on PaesiOnLine in violation of said laws, the User must send us the following information, to the address servizi@paesionline.it: (a) a signature on paper or an electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the work protected by copyright that is the subject of the copyright violation; (c) a description of the location on the web sites of PaesiOnLine where the work in question can be found; (d) the user’s address, telephone number and e-mail address; (e) a sworn declaration that the information provided is accurate and that the user is acting as the holder of the copyright or that he is authorized to act on behalf of the owner. 8. User’s Contributions 8.1 as a subscriber to an account on PaesiOnLine, you may insert promotional video content, and text content and photographic content (to be referred to hereinafter as “User’s Contribution”). You agree that whether your User’s Contributions are published or not, PaesiOnLine does not guarantee any privacy with reference to any User’s Contribution. 8.2 You retain full rights to your User’s Contribution. However, by accepting the program you agree to concede limited rights for license to PaesiOnLine and other users of the web sites. 8.3 You understand and agree to be the sole responsible entity for your personal User’s Contributions and consequently for their publication. PaesiOnLine does not censor any User’s Contribution nor does it have any opinion, recommendation and/or express opinion of it, and PaesiOnLine declines in particular all and any responsibility in relation to the User’s Contributions. 8.4 You irrevocably agree that PaesiOnLine may eliminate any Content that constitutes a violation of the present Contract or that is offensive, illegal, damaging to third party rights or that represents a threat or damage to the safety of any person whatsoever. PaesiOnLine declines any responsibility relating to the control of the Content or inappropriate behavior within the Writers’ Program. PaseiOnLine accepts no responsibility relating to the Content, the behavior of the User that registered said Content, nor does PaesiOnLine accept any obligation to modify or remove any inappropriate Content. 8.5 You accept and guarantee that you have (and continue to have during your use of the Services) all the necessary licenses, rights, consent and permissions necessary to allow PaesiOnLine to use your Contribution to supply PaesiOnLine’s services, and to use in other ways your contributions in a manner set out by the web site and by these Terms and Conditions. 9. Content of your Contributions. Responsibilities 9.1. You agree that your conduct on the web site will conform to the Guidelines of the present Terms and Conditions, and you accept that the content of all the posted Contributions conforms with them. Guidelines of the PaesiOnLine Community at http://www.paesionline.it/community_guida.asp is periodically updated. 9.2 You agree not to publish or caricature any Contribution that contains content that you deem to be illegal in the country in which you reside, or that would be illegal for PaesiOnLine to use or possess in relation to the supply of the services. 9.3 You agree that none of the material that is put on the sites violates copyright, or other industrial proprietary rights. You also agree that it is forbidden to use or give others the use of the services of the web sites for immoral acts or acts against the public order or with the intention of disturbing the peace, damaging or violating or attempting in any way to violate the privacy of any correspondence. You undertake not to put out information or images that can present forms and/or content that can be deemed to be pornographic, obscene, blasphemous or defamatory. 9.4 You agree that all the information published or uploaded is legitimately available to you and does not violate any third party rights (for example: copyright, distinctive brand, etc.). Any responsibility, therefore, on the part of PaesiOnLine is excluded in the event of non authorized publication of content displayed on the web site. 9.5 You are responsible for the assurance and the contents loaded onto the web site that are attributable to you under the terms of the identification code and password assigned to you. 9.6 PaesiOnLine reserves the right (but has no obligation) to decide if the Contributions conform to the requirements laid down in these Terms and Conditions and may in any moment remove such User Contribution and/or terminate access to the User who is in violation of the present Terms of Service, without warning and at its exclusive discretion. 9.7 You also agree and accept that the use of the web site and services may be exposed to Contributions that are published by other users whether they might in fact be imprecise, offensive, indecent or in some other way disapproved by you. You expressly renounce your right – and under this contract , you do – to any right, action and/or legal remedy or in fairness that you have or could have in regard to PaesiOn Line in reference to any Contribution. 9.8 You undertake to stand surety and indemnify PaesiOnLine for all losses, damage responsibility, costs, obligations and expenses, including eventual legal costs that should be required of PaesiOnLine as a consequence of any fulfillment on your part regarding the obligations and guarantees foreseen by this article and in any case, connected with the diffusion of information on the web space. You will, therefore, be the only one responsible for the affirmations and the content appearing online and attributable to your work through the access keys. 10. Rights that you concede in license 10.1 When you load or publish a Contribution on PaesiOnLine, you concede to PaesiOnLine: - a non-exclusive world wide license, without royalties and transferable (with the right to sub-license) to use, reproduce, distribute, prepare derivative work, visualize, and carry out that User Contribution relating to the furnishing of the Services and otherwise in connection to the supply of the web site and the commercial services of PaesiOnLine, including the promotion, on a merely illustrative basis, and the redistribution of all or part of the web site (and works deriving from the present document) in any form and through any channel whatsoever; - to every user of the web site a non-exclusive, world-wide license, without royalties, to accede to your User Contribution via the web site and to use, reproduce, distribute, prepare derivative work, visualize and carry out such User Contributions in the measure in which the functionality of the web site permits and in the spirit of these Terms and Conditions. 10.2 The licenses referred to above, conceded by you to the Video User will terminate when you remove or eliminate your Video User from the web site. The licenses conceded by you as above in the section Comments of the Users, are eternal and irrevocable, except when there might be a prejudice for your proprietary rights, that are held by yourself as foreseen in paragraph 8.2 above. 11. Contents of PaesiOnLine on the web site 11.1 With the exception of the User Contributions, all the other contents of the web site, including, on a merely illustrative basis, the text, software, characters, graphics, photographs, sound, music, videos and the interactive elements on the web site (the “PaesiOnLine Content”) become both the property and licensing concession of PaesiOnLine, and are subject to copyright, brand rights and any other intellectual property rights of PaesiOnLine or licensees of PaesiOnLine. Any third party or service logo present on the PaesiOnLine Content remains a service brand or logo of the respective owners. 11.2 The PaesiOnLine Content may not be downloaded, copied, reproduced, distributed, transmitted, circulated, visualized, sold, conceded in license or in any other manner used for any means without the previous written consent of PaesiOnLine or the licensees of PaesiOnLine. PaesiOnLine reserves all the rights that are not expressly conceded on the Contents of PaesiOnLine. 12 Hypertext links of PaesiOnLine 12.1 The Services may include hypertext links to other web sites that do not belong to or are not controlled by PaesiOnLine. PaesiOnLine has no control over, nor does it accept any responsibility for the content, the privacy policy or the business of any third party’s web site. 12.2 You agree and accept that PaesiOnLine is not responsible for the availability of any site or external resource, and does not approve any publicity produced or other material that appears or is available on these web sites and resources. 12.3 You agree and accept that PaesiOnLine is not responsible for any loss and/or damage that you may suffer is a consequence of the availability of these web sites or external resources, or in relation to any guarantee set by you regarding the complete quality or existence of any publicity, product or other material present or made available by such web sites or resources. 12.4 PaesiOnLine requires you to be aware when you leave the PaesiOnLine web site and to read the Terms and Conditions and the privacy policy of every other web site that you visit. 13. Terms of your relationship with PaesiOnLine 13.1 The Terms and Conditions continue to apply until they are rescinded by you or by PaesiOnLine as follows: 13.2 If you wish to dissolve the legal contract you have with PaesiOnLine, you may do so in the following ways: (a) advising PaesiOnLine at any time; (b) closing you PaesiOnLine account. Your written advice must be sent to the address of PaesiOnLine that you will find at the beginning of the Terms and Conditions, or 13.3 PaesiOnLine may dissolve the present legal contract with you at any moment if: - you have violated a clause in the Terms and Conditions (or have acted in a way that clearly indicates that you do not have any intention to, or that you are unable to conform with the terms of the contract); or - when PaesiOnLine requests you to do so because it is required by law (for example, if the supply of Services to you is or becomes illegal); or - PaesiOnLine no longer supplies Service to the state in which you are resident or from which you use the Service; or - the supply of Service to you by PaesiOnLine is, according to PaesiOnLine, no longer advantageous from a commercial point of view. 13.4 Upon expiry of the present Terms and Conditions, all legal rights, obligations and responsibilities which have benefited you and PaesiOnLine, or to which you have been subject, or that have arisen during the period in which the Terms and Conditions were applicable, or that there has been a declaration to continue indefinitely, they will not be challenged and the provision of paragraphs 16.8 will continue to apply to such rights, obligations and responsibilities indefinitely. 14. Exclusion of Guarantees 14.1 With regard to the Terms and Conditions, nothing can challenge any right foreseen by law to which you have the right as a consumer and that cannot be contractually modified or cancelled. 14.2 The Services are supplied “as is” and PaesiOnLine does not provide any guarantee or declaration in regard to them. 14.3 In particular, PaesiOnLine does not declare or guarantee that: - you are satisfied with the use of the Services; - your use of the Services is not interrupted, is timely, secure and devoid of errors, and that any information obtained by you as a result of your use of the Services is precise and trustworthy, and that - defects in the operation or functionality of any software supplied to you as part of the Service is correct. 14.4 No condition, guarantee or other term (including any implicit term of satisfactory quality, suitability of the outcome or conformity with the description) is applied to the Services except in the measure in which they are expressly set out in the Terms and Conditions. 15. Limitation of Responsibility. Availability of the Service 15.1 PaesiOnLine is not responsible to you for: - any loss, indirect or consequent, that you may suffer. This includes any loss of profit (direct or indirect), any lack of success in business or commercial reputation, or any loss of data suffered by you; - any loss or damage that you may suffer as a result of: any faith that you may place in the completeness, correctness or existence of any publicity, or as a result of any report or transcript between you and any publicity manager or sponsor whose publicity appears on the Service; - any modification that PaesiOnLine may make to the Services, or for any temporary or permanent cessation of the supply of the Services (or any element within the Services); - the cancellation, corruption or failure to memorize on the part of any User Contribution and other communication data that is stored or transmitted by or through your use of the Services; - your failure to supply PaesiOnLine with precise information regarding the account; - your failure to maintain the security and confidentiality of the password or details of the PaesiOnLine account. 15.3 The limitation of the responsibility of PaesiOnLine in your regard as per paragraph 15.2 will apply whether or not PaesiOnLine has been informed or should have been aware of the possibility of such losses. 15.4 PaesiOnLine is in no way resonsiblefor the suspension or interruption of the service for technical motives or by reason of force majeur. You expressly accept that PaesiOnLine will not be responsible for the consequences of any of the eventual suspensions or interruptions attributed to, for example, difficulties or impossibility of communication and/or transmission of data of any kind, or interruptions of the supply of electric energy, strikes, including those of its own personnel, or that of third parties, and, in general, any impediment or obstacle that cannot be overcome with normal care. 16. General legal terms 16.1 The Terms and Conditions constitute the entire contract with legal value between you and PaesiOnLine and determine your use of the Services and completely substitute any preceding agreement between you and PaesiOnLine regarding the Services. 16.2 You agree that PaesiOnLine may supply you with communications, including those relative to the modifications of the Terms and Conditions, via e-mail, ordinary mail or communications published on the web site of PaesiOnLine. 16.3 You agree that if PaesiOnLine does not exercise or put into operation any of the legal rights and remedies foreseen in the Terms and Conditions (or those that PaesiOnLine benefits from by any applicable law), this will not be considered a formal surrender of the rights of PaesiOnLine and that those rights or remedies are still available to PaesiOnLine. 16.4 If any competent Court with jurisdiction to decide on this question should establish that one of the present Terms and Conditions is invalid, then that item will be eliminated from the Terms and Conditions without invalidating the rest of the agreement. The remaining Terms and Conditions will continue to be valid an applicable. 16.5 You agree and accept that each member of the group of companies of which PaesiOnLine is a part, will be a third party beneficiary in respect of the Terms and Conditions and that these other companies will have the right to execute directly and will rely on any of the conditions in the Terms and Conditions that grants them an advantage or gives them rights. Apart from this rule, no other person or company will be considered a third beneficiary to the Terms and Conditions. 16.6 The Terms and Conditions and their relation to PaesiOnLine on the basis of the present Terms will be regulated by Italian law. You and PaesiOnLine agree to the exclusive jurisdiction of the Italian Courts to resolve any legal question arising from the Terms and Conditions. This notwithstanding, you agree that PaesiOnLine is still authorized recourse to the law to protect its rights and/or interest in the proper registered office. 17. Prevailing law and competent forum 17.1 The present contract is regulated by Italian law. 17.2 Any controversy deriving from the interpretation in the execution of the present contract will be assigned to the territorially competent forum on the basis of the law of the land regarding PaesiOnLine. Therefore the competent forum will be that of Velletri – a section of the court of Frascati – that is in the territory in which PaesiOnLine has its registered office. Read, approved and signed …..on…..at…………… You declare that you have carefully read the present contract and expressly approve the articles and/or clauses indicated as follows: 2. Acceptance by the Company of the Terms and Conditions. Validity and form of the Contract; 3. Version of the Terms and Conditions with legal validity; 6. General limitations of the use of your space; 7. Policy regarding Copyright; 8. User Contributions; 9. Content of your Contribution, Responsibility; 10. Rights that you cede in license; 11. PaesiOnLine content on the web site; 12. PaesiOnLine Hypertext links; 13. Terms and Conditions of your relationship with PaesiOnLine, 14. Exclusions of Guarantees; 15. Limitations of Responsibility. Availability of the Service; 16. General legal terms and conditions; 17. Prevailing law and competent forum. Read, approved and signed…………………on…………………..at…………………
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