TERMS AND CONDITIONS OF SERVICE
PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT CONTAINS THE TERMS AND CONDITIONS (HEREINAFTER “T&C”) THAT WILL APPLY TO YOUR USE OF OUR WEBSITE AND THE SERVICES OFFERED THEREIN. THESE T&C HEREBY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND US. NAVIGATION ON AND USE OF THE WEBSITES, THE SERVICES AND THE ELECTRONIC COMMUNICATION CHANNELS OFFERED (HEREINAFTER, SITES AND CHANNELS SHALL BE DEFINED ALTOGETHER AS THE “WEBSITE”) REQUIRES FULL ACCEPTANCE OF THESE T&C IN ORDER TO USE THE SINGLE SERVICES AND/OR CONTENT (HEREINAFTER “SERVICES”) AVAILABLE ON THE WEBSITE AND/OR IN ANY OTHER MEMORANDUM, LEGAL NOTICE, BRIEFING OR DISCLAIMER WHEREVER PUBLISHED ON THE WEBSITE. IF YOU DO NOT HAVE THE INTENTION OF ACCEPTING THESE T&C WE KINDLY REQUEST THAT YOU DO NOT USE THE WEBSITE OR THE SERVICES OFFERED THEREIN.
These T&C contain the agreement between you and Dada.net S.p.A. regarding your use of the Website and the Services. Dada.net S.p.A. (“Company”, “us”, “our”), with registered and operative offices in piazza Pietro Annigoni 9/b, 50122 Florence (Italy), VAT n. 13280390157, is registered with the registry of companies in Florence with REA 467460.
Hereinafter, with the term “T&C” we shall refer to the set of general rules for the use of the Website and the Services, as well as any special conditions that govern the use of each single Service, in addition to any other memorandum, legal notice, briefing or disclaimer wherever published on the Website. The Privacy Policy, the section on Info&Costs and any other additional conditions that may apply shall be considered an integral part of these T&C.
Regarding Services provided by third parties on our Website or Services provided by third party Mobile Carriers in collaboration with us and when using wireless or mobile services in general, we would like to remind you that you are subject to the terms and conditions and tariffs applied by the abovementioned third parties. Please take note of such conditions and prices applied directly by your Mobile Carrier.
DEFINITIONS
Access Codes – refer to the authentication credentials needed to access the Website or the Service, such as your username (which may coincide with your mobile number or other data requested when you registered and/or requested the activation of the Service) and your password (which may coincide with the PIN number sent to you on your mobile phone during the Service registration or activation phase).
Content – refers to any audio file, video, image, text, information and content in general and/or IT element including, but not limited to ringtones wallpaper, games, music, animation, newsletters, databases, designs, branding, trademarks, logos, technical knowhow, graphics, format, structure and any other copyrighted or legally protected element, already created or to be created, published on the Website and/or made available to Users and/or anything else that can be used by Registered Users or Subscribed Users;
Content Published by Users – refers to audio and/or video content, images, text, information and in general any and all content and/or material published and/or posted in the special sections reserved for the publication of materials and information on the Website by Registered Users or Subscribed Users, or posted through the Services, at those Registered Users’ or Subscribed Users’ exclusive liability;
Wireless Device – refers to mobile phones and in general to any device that, regardless of other functions (such as voice, text and data exchange services or any other form of communication) that the Users uses for the activation of the Services and/or the supply of the Services;
Mobile Carrier – refers to the third party carrier with which the User has a contract for the supply of wireless telephone services for the Wireless Device used for the Services;
Trademarks and Rights - refers to trademarks, logos, brands and all other distinctive marks;
Post/Posting/Posted – refers to when the User exchanges, messages, transmits, or communicates any information (including personal information and information related to his/her profile) ideas, images, audio or video materials, opinions, files, messages and Content Published by Users;
Services or Service – refers, individually or collectively, to any Service and all the functions associated with the Service, offered on the Website either free of charge or through payment directly by us or by third parties with our cooperation. The term Service includes, in particular, the Website and the services, functions and features that are offered therein and made available to Users. The term Service also includes pay services offered to mobile users by Mobile Carriers in collaboration with the Company, as the Content provider;
Website – refers to the internet site reachable at the internet address http://www.dada.net, but also all other internet addresses (e.g. URLs, domain names and pages) and WAP channels that the Company controls or manages and that are used to offer or provide Services, as well as all mirrors, substitutions and backups and all the web pages that the sites include;
Company – refers to Dada.net S.p.A.;
User – refers to anyone who uses the Services or the Website (and includes without limitation a Subscribed User, a Registered User and a Visiting User);
Subscribed User – refers to a User who has subscribed for the Services reserved for paying Users, according to the conditions present in the T&C and the Info&Costs section. Subscription to a Service requires registration on the Website;
Registered User – refers to a User who subscribes providing personal information to obtain access to use some of the Services that are not available to general Users, but only available to Users who have registered on the Website;
Visiting User – refers to a User who navigates on the Website and/or who uses the functions and/or the Services available to general Users who are not required to register on the Website or subscribe to any Service.
Use – refers to activities carried out by the User, directly or indirectly, with or without the use of instruments or applications, such as accessing, requesting access, interacting, using, viewing, navigating, printing, copying, transmitting, receiving, exchanging information or communications with our Services and with the Website or with any User, company or entity through the Services and in general any interaction with any feature, function or aspect of the Service and/or Website in any way or for any purpose.
Non-Excludable Condition means an implied condition or warranty the exclusion of which under the Australian Trade Practices Act 1974 (Cth) would contravene that statute or cause part or all of a clause in these T&C excluding that implied condition or warranty to be void.
RESPECT OF THE TERMS AND CONDITIONS AND THEIR AMENDMENTS
Each and every User, regardless of whether he/she is a Visiting User, a Registered User or a Subscribed User, shall be subject to these T&C, even if said User is not using any of the Services or functions available. Our systems gather information from the use of the Services by Users, even if they are not Registered Users or Subscribed Users. The Privacy Policy contains important information regarding the collection, preservation and use of the information obtained from your use of the Services or navigation on the Website. We therefore invite all Users to carefully read the Privacy Policy. The Company reserves the right to modify at any time, in whole or in part, the Services and the T&C, as well as the prices of the Services and/or the features associated with the Services, by giving 30 days notice through the Website. Users are required to regularly check and periodically read the T&C, the Privacy Policy, and the Info&Costs section in order to stay informed about the conditions currently being applied. Use of the Service or the Website following modifications to the T&C or to the characteristics of said Service, implies acceptance of the modifications brought into effect.
The T&C are effective on 01 June 2001 and will continue until terminated and/or modified by the Company.
AGE AND DOMICILE
The Services and the Website are available to Users who reside within the Territory and who are of age of majority. The request for Registration or Subscription shall be considered valid by a User who is of age of majority and who is the holder of the telephone number for which activation was requested. The parental authority or legal guardian of a minor shall be liable for any and all use of the Website and/or use of any Wireless Device available to the minor.
Parents, parental authorities and legal guardians may request their Mobile Carrier to deactivate the possibility of activating pay services on the mobile phone number available to the minor.
SERVICE USE, REGISTRATION AND SUBSCRIPTION
Navigation on some of the Website’s sections and the use of some the Services offered on the Website can be used entirely or partially free of charge. Some sections of the Website can be visited by Users who are not Registered. We may, even temporarily, make some Services available to Users who are not Registered. We may also allow Users who are not Registered to access some areas of the Website that are normally reserved for Registered or Subscribed users. The majority of the Services and the features associated with said Services, can be used exclusively by Registered Users or Subscribed Users. In some cases it is possible to register to the Website through a Wireless Device by sending an SMS or an MMS or by following the WAP procedure. In this case the Mobile Carrier, in accordance with its conditions, may charge a fee to the User who makes such a request, even if the Service via web is free of charge and even if the Mobile Carrier does not require a fee to become a Subscribed User following the procedure via web.
Users who want to register or subscribe to the Services must provide the Company with some personal data and must follow the Service registration and/or activation procedure shown at the time of Registration or at the time of request for subscription to the Service. The authentication process is part of the normal security procedures. The purpose is to protect the security of the User and make sure that the User is truly interested in registering or activating the Service. In some cases, the Company will send a password (PIN) to the mobile telephone number entered upon registration or entered upon request for activation of a Service. This PIN must then be re-entered on the online form in order to confirm the previously entered mobile telephone number, as well as to confirm that the user is truly interested in activating the Service requested. In other cases, the User may be asked to send an SMS to a special number to confirm his/her desire to activate the service.
Upon registration or upon request for activation of a Service the User may be asked to choose a username that will be used together with the PIN or with the chosen password to access the section reserved for Registered Users and/or Users who have activated a Service.
Registered Users who don’t access the Services for a minimum continuous period of 180 days will be cancelled and removed without any prior notification.
The User who plans to register or subscribe to a Service through the authentication procedure hereby warrants and guarantees that he/she is of age of majority, that the personal data provided is true, correct, up-to-date and refers to the person who is entering the data or with consent if entered by a third party, hereby assuming any and all liability for the correctness and truthfulness of the information provided. Should the data provided by the User change, said User shall be responsible for informing the Company of any and all changes as soon as possible.
Information regarding the processing of personal data collected by the Company is illustrated in the Privacy Policy section. Upon registration you will be asked to view some information regarding the processing of personal data.
If the User does not complete the procedure for Registration or for Subscription to a Service after providing his/her e-mail address and/or mobile telephone number or other data requested for activation, the User may receive a limited number of messages that will be sent to conclude the subscription process and describe the Service for which the subscription procedure had begun.
Knowledge of the User’s Access Codes by third parties may allow for unauthorized access by third parties to the Website and/or to the activated Services. Registered or Subscribed Users must therefore be very careful with their Access Codes, keeping them confidential. If your Access Codes are lost or stolen, you must contact the Company immediately. The Company will arrange for the deactivation and substitution of your Access Codes. The User shall be liable, directly and indirectly, for any and all improper and unlawful use of the Services, carried out by himself/herself or by third parties who use the Services in his/her name.
FREE SERVICES
On the Website some Services may be offered free of charge. Such Services may be offered, in whole or in part, to Visiting Users or they may be reserved, in whole or in part, to Registered Users. Visiting Users will not be required to pay any fees for or directly connected with the use of said Service.
The Company reserves the right to modify its offer at any time, converting previously free Services into pay Services or making said Services available only to paying or Subscribed Users. Upon modification of the offer, Users who began using the Service free of charge, who are interested in continuing to use the Service, may be subject to payment of the fee for use of the Service.
PAY SERVICES
Some Services offered are offered to Subscribed Users or Registered Users (following their request) upon payment of a fee that will be paid in accordance with the payment methods indicated under the section entitled PAYMENT AND PAYMENT METHODS.
Pay Services can be provided a) by subscription, that is to say in a continuative way and following request for activation of the Service by the User and until the Subscribed User requests deactivation or until the supply terminates for other reasons mentioned below b) by request for a “one shot” service, that is to say limited to the one time use of the requested Service.
In particular, the pay and open-ended subscription Service for mobile devices allows for the use of features and services, including subscription services, referable to two macro categories: a) download entertainment content such as ringtones, games, graphics, news and other information downloadable on compatible mobile devices and/or through the internet pages (WEB and/or WAP) and/or via SMS (Short Message Service) and/or voice access numbers or video calls; b) access via web and/or mobile phone to community products and/or services offered through the Website. The community service may, in part, be used by Registered Users who are not subscribed to the pay Service.
Details regarding the pay Service and regarding the subscription cost (and all other costs) for the use of the Service are available in the Info&Costs section.
Subscribed Users may choose at any time whether to use the Services made available to them. To subscribe the User must have a mobile telephone number on which he/she may request activation of the Service. The User has the possibility of paying for the Service via mobile (or by credit card or by paypal). When using a SIM card or payment method belonging to third parties the User who requests activation must be authorized by the holder before he/she can request activation of the service.
To use the Service via mobile devices the mobile phone must be compatible and correctly configured. The list of compatible devices can be found on the Website. Users must verify on the Website, before activating the Service, that their mobile phone is compatible. We recommend that Users, in addition to verifying that their mobile phone is correctly configured to use the Service, also verify with their Mobile Carriers on the customer service site regarding the activation of the Service.
Every week, Subscribed Users will have a certain number of credits that they can use to choose the Content they want within certain limits and in accordance with the terms and conditions in the Info&Costs section. If these credits are not used as indicated in Info&Costs section, the User will lose his/her right to use said credits. Subject to any Non-Excludable Condition the User will not have the right to restitution or refund of the payment made. The credits cannot be converted into money and can only be used for the use of Content offered through the Service activated.
The subscription fee is a fixed fee and shall be owed regardless of whether the Service has been used in whole or in part. If User deactivates the subscription Service before using the Services at the Users’ disposal, the User will lose his or her right to use the subscription Service and subject to any Non-Excludable Condition the User will not have the right to an alternative service or restitution or refund of the payment made.
Information regarding costs, activation and deactivation conditions, services, the quantity and type of content included in the subscription, compatible cellular phones and all other information regarding the subscription Service can be found in the Info&Costs section of the Website.
Upon request for activation of the Service, the Service is immediately made available to the requesting User and it is immediately supplied to the User (once the User has given his/her consent for payment in accordance with these T&C). – For User satisfaction and in order to avoid supplying the Service to a User who is no longer interested in receiving it, the Company hereby gives Users the right to deactivate the Service at any time (subject to any Non-Excludable Condition without restitution or refund of any amounts paid or to be paid before the request for deactivation, as withdrawal is not retroactive). For further information regarding the right to withdrawal we kindly invite Users to contact us through our Help Form available on the Website or by writing to us at http://www.dada.net/help/.
In virtue of the payment system adopted (payment through telephone credit), the User, in rare cases, may receive in the period immediately following the communication of withdrawal a final SMS drawing from his/her mobile credit. Due to mobile network traffic congestion, an SMS drawing from the User’s mobile credit may have been sent out before the User’s request for deactivation was received by us, even if the said SMS is received after his/her request for deactivation.
PAYMENT AND PAYMENT METHODS
In the event that Services offered by third parties on our Website or Services that provide for payment through mobile credit, and in general when a wireless service or mobile service is used, the Company hereby reminds you that such Services are offered by Mobile Carriers with the collaboration of the Company, as Content provider. The User is therefore subject to the conditions of the Mobile Carrier. We kindly request that you take note of the aforementioned conditions of your Mobile Carrier.
In the event of pay Services through mobile credit the Mobile Carrier will provide for sending the User, periodically, in accordance with the frequency indicated in the Info&Costs section, one or more SMS that
will charge the User, upon receiving the message, for the payment of an amount equal to the cost of the Service.
The payment method occurs in the same way for payment through a fixed line, the Mobile Carrier will periodically charge the subscription price directly through the telephone bill of the User who requested the activation of the Service.
All telephone connection costs and WAP and/or WEB GSM/GPRS/UMTS traffic costs (which are clearly outlined in the Info&Costs section) are not included in the subscription price and should therefore be considered additional costs. The User is also responsible for any and all internet connection costs and/or costs related to hardware/ software and more generally all costs necessary for the use of the services, which are not included in the price of the subscription.
If payment for the subscription is not made (for whatever reason; for example if the User’s mobile credit runs out) the Service may be suspended at any time, in whole or in part, and the User may not be able to use his/her unpaid credits even before the Service is suspended.
CONTENT– CONTENT PUBLISHED BY USERS
PROTECTION OF THE RIGHTS OF THE COMPANY, THIRD PARTIES AND COPYRIGHTED MATERIALS
Content
Content published on the Website and made available to Users, including Registered Users and Subscribed Users, is the property of the Company or licensed by third parties to our Company. The abovementioned Content is protected by copyright laws and available for use by Users to the extent permitted by law and in accordance with the T&C herein.
The User shall be exclusively liable for any breach of current national and international copyright laws and/or in violation of the regulations provided for herein by the present T&C and the Info&Costs section regarding the use of the Content. The User shall be liable to prosecution pursuant to the law. The Content has been carefully examined and analyzed. However, there may be errors, mistakes or omissions in the the Content and the Company shall not be liable for those errors, omissions or the way in which the User uses the Content.
When not otherwise indicated, the information contained on the Website is for the sole purpose of giving information and providing updates and should not be considered complete, nor should it be considered the expression of beliefs, instructions or presuppositions for making decisions. The Company shall not be liable for the actions or omissions of Users following the use of the information contained on the Website.
Content made available to Users through the Website and/or the Services is exclusively intended for the purpose of personal use, and may only be used for its intended purpose.
Some Content may be used exclusively on the Website or through a mobile device. The use of any automated or computerized instruments not previously authorized by the Company to access, obtain or download Content or to use the Services is strictly prohibited.
Unless otherwise specified, Content used exclusively through a certain device (mobile/computer/wireless device) may not be transferred, copied, or transmitted onto other devices, nor can said Content be exchanged with other Users in any way. Further, the User may not use the Content for any purpose apart from its intended purpose (for example, Content intended for listening purposes may not be used as a ringtone on a Wireless Device or another type of device).
If the Service expressly allows for use of the Content on another device (and not solely on the device upon which the Content was downloaded) or if the Content is visible (DRM-free CD content), the transfer, copy, or transmission of said Content may be carried out exclusively on another device owned by the same User or in any event used exclusively by said User. It is strictly forbidden to transmit Content to other Users or in any way or allow other Users to benefit from said Content.
Any and all forms of marketing of Content by Users, whether gratuitously or for compensation, is strictly forbidden.
Any and all forms of transmission, communication and/or sharing of Content with other Users, regardless of whether they are Registered Users or Subscribed Users to the Services, is strictly forbidden.
The Website, the Services and the related applications and platforms and the Content are the exclusive and private property of the Company and/or third party suppliers and/or its successors in title and/or third parties when specified, and they are protected by national and international copyright laws and intellectual/industrial property laws.
With the exception of what is strictly allowed in accordance with the T&C herein, no part of the Website and/or the Content may be copied, reproduced, published, downloaded, modified or in any way altered, translated, codified, transmitted, communicated or distributed in any way on any computer, server, Website or by any other means of communication or dissemination for the purpose of publication or distribution or commercial use or non-commercial use by other Users, without the express written consent of the Company.
Violation of the rules and regulations for use of the Content and/or breach of the Company’s rights or the rights of third parties will lead to the immediate loss of the right to use the Service without refund or restitution of any payment made without affecting the liability of the User for damages caused to the Company or to third parties.
Content Published by Users
Users are liable for content, materials and information of any type published, transmitted, communicated, disseminated or made accessible by them on the Website or through the Services, publicly or privately. Users are the sole persons liable for all damages, including economic damages and all other kinds of damages, caused directly or indirectly, deriving from the use of the Services or the Website. The Company shall not be liable for information (text and images), documents or materials posted by Users on the Website when using a particular Services.
The User grants and guarantees the Company a gratuitous irrevocable unconditional license for all Content Published by Users on the Website and/or through the Services (e.g. user profiles, images etc.). The license granted to the Company includes, in particular, the right to (but does not require the Company to) modify the graphical aspect or format, reproduce, represent, modify, translate, digitalize, publish or disseminate on the Company network and/or on other communication channels belonging to the Company or to Service partners, communicate via web, e-mail, MMS, video and audio and/or on any other type of communications instrument in order to supply the Service and for the purpose of publishing your presence on the Service. These rights are granted worldwide and for the entire duration provided for by national and international copyright laws.
Without affecting observance of the obligations indicated for the protection of Content, including Content Published by Users, the User is aware that content and information published by him/her on the Website through the use of some of the Services will be destined for dissemination and will be accessible to other Users. The Company is not liable for the behavior of other Users, nor is the Company liable for how these Users use the Content Published by Users including personal information contained therein. Users must use the Service in accordance with the T&C herein, in observance of the law, and in observance of the rights of other Users and third parties.
The Company (without assuming any liability) kindly invites Users to:
a) Avoid publishing personal information or images that the User wants to keep private or that may allow others Users to contact him/her directly (e.g. e-mail address or phone number). The Company invites Users to avoid publishing third parties’ data and/or information without their prior consent.
b) Avoid publishing information containing copyrighted materials such as (audio, video, images etc.) without first obtaining previous authorization from the subject who owns the materials.
c) Avoid publishing content regarding minors or content that is pornographic, offensive, violent, disparaging, defamatory, racist or which incites racism or hate, which is damaging of privacy rights and/or suggestive of illegal behaviors or which teaches illegal activities or which causes physical damages or insults or offends other Users or other groups or individuals or in general anyone who could be offended or damaged.
It is at the discretion of the Company to decide whether to Post or cancel Content Published by Users. In any event, the fact that the Company does not block the publication, or rather, does not cancel the Content Published by Users, does not mean that the Content Published by Users was validated or deemed acceptable by the Company.
The Company does notback up or keep copies of the Content Published Users. The User is therefore invited to save a copy of the materials he/she posts on the Website, should the User be interested in using the materials for other reasons in the future. In any event we invite Users to make a back up of the pages where he/she has Posted Content Published by Users.
The Company collaborates with the regulatory authorities providing information and/or data upon request for tracking down criminal subjects and wrongdoers.
USE OF THE SERVICES AND INFORMATION. USER WARRANTIES AND LIABILITIES
TO THE EXTENT PERMITTED BY CURRENT APPLICABLE LAWS AND UNLESS OTHERWISE SPECIFIED, THE USER SHALL BE THE SOLE PERSON LIABLE FOR USE OF THE WEBSITE. THE WEBSITE IS PROVIDED “AS IS” AND “AS IT IS AVAILABLE”. EXCEPT FOR ANY NON-EXCLUDABLE CONDITION THERE ARE NO SPECIFIC WARRANTIES OFFERED CONCERNING EXPECTED, DESIRED OR OBTAINED RESULTS WITH THE USE OF THE SERVICE.
EXCEPT FOR LIABILITY FOR BREACH OF ANY NON-EXCLUDABLE CONDITION THE COMPANY HEREBY DENIES ANY AND ALL LIABILITY FOR ANY CLAIMS WHICH MAY ARISE FROM USERS REGARDING TROUBLE, PROBLEMS OR IMPOSSIBILITY OF USING THE WEBSITE AND/OR THE SERVICES FOR WHATEVER REASON. IN PARTICULAR THE COMPANY SHALL NOT BE CONSIDERED IN DEFAULT OF ITS OBLIGATIONS, NOR SHALL THE COMPANY BE HELD LIABLE FOR DAMAGES, CLAIMS OR LOSSES, DIRECT AND INDIRECT, THAT MAY ARISE FROM USERS FOR MISSING, DEFECTIVE OR FAULTY EXECUTION OF THE ELECTRONIC EQUIPMENT OF SAID USERS OR THIRD PARTIES, INCLUDING INTERNET SERVICE PROVIDERS, TELEPHONE AND/OR TELECOM CONNECTIONS NOT MANAGED DIRECTLY BY THE COMPANY OR BY SUBJECTS TO WHOM THE COMPANY MUST RESPOND, AS WELL AS THE ACTIONS OF OTHER USERS OR OTHER SUBJECTS WHO MAY HAVE ACCESS TO THE NETWORK.
THE COMPANY RESERVES THE RIGHT AT ANY TIME TO SUSPEND THE SERVICES (OR ANY PART OF THE SERVICES) TEMPORARILY OR PERMANENTLY. THE USER HEREBY ACKNOWLEDGES THAT THE COMPANY CANNOT BE HELD LIABLE TOWARD USERS OR THIRD PARTIES FOR THE SUSPENSION OR INTERRUPTION OF ITS SERVICES, WITH THE EXCEPTION OF SPECIFIC, DIFFERING AND ADDITIONAL CONTRACTUAL OBLIGATIONS UNDERTAKEN THEREIN WITH THE USERS OR BREACH OF A NON-EXCLUDABLE CONDITION.
The Company shall not be liable for any information (text or graphics) related to the goods and/or Services offered on the Website, including goods and/or Services offered following a co-marketing initiative between the Company and third parties but which derive from the Company’s suppliers. Each single supplier shall be liable for the indications, specifications and descriptions inserted therein as well as for conformity with all applicable laws. Consequently, except for liability for breach of any Non-Excludable Condition the Company shall not be liable for any graphical inaccuracies, mistakes or errors, nor does the Company offer any kind of warranty, implied or express, for information, content and software, the marketability and the quality of the data for specific purposes, the products and the services communicated or offered by suppliers on the Website and concerning the Services, specifying that, on request and to the extent permitted by the law, the Company will provide the names, addresses and any other kind of data necessary for the identification of the supplier and/or producer of any goods and services offered.
The Website may offer links (hereinafter “Links”) to other websites or other resources on the internet.
The User hereby duly notes and acknowledges that the Company cannot be held liable for the operation, execution or functioning of these sites or external resources.
The User hereby undertakes to use the Website and the Services offered therein in a diligent, correct and lawful way and in particular, the User undertakes to respect and observe the obligations provided for by the law and by these T&C. The User therefore undertakes to abstain from the following (this is not an exhaustive list, but only for the purposes of providing an example):
(a) any and all improper use of the Website and the Services in breach of the law, the present T&C and all other instructions published on the Website, or any other use contrary to prevailing community standards.
(b) any and all actions which could infringe the rights and interests of the Company and/or third parties, including intellectual property rights, industrial rights or the rights to privacy, or actions that may damage, deteriorate or obstruct in any way the normal use of the Website, electronic storage devices or documents, files and any other kind of content stored therein;
(c) reproduce, copy, transform, distribute, communicate, make available or disclose in any other way to other sites or to the public any material and/or information contained on the present Website, with the exception of actions that are expressly authorized by the Company and by any third parties who have the rights to such property.
(d) unless authorized or promoted by the Company, the use of the Website and the Services, directly or indirectly, to exercise a commercial activity and/or derive economic benefits from the Website and/or the Services, or to exchange, for any reason, sums of money or other valuable items, or to promote on or through the Website initiatives related to gambling, contests and games that require valuable or monetary compensation for participation;
(e) upload, publish, send privately or in any way transmit, communicate or disseminate advertisements, promotional materials, “junk mail”, “spam”, chain letters, pyramid schemes, or any other form of unauthorized or unwanted solicitation;
(f) upload, Post, send or in any other way transmit, communicate or disseminate any kind of material that contains viruses or codes, files or programs created to interrupt, destroy or limit the operation or functioning of the software, hardware or telecommunications systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the Services and/or the servers connected to the Services;
(g) use the Website and the space given to add hidden pages or files that cannot be reached through a link and/or use the Web space as a backup of a file;
(h) create, on the pages of the Website, hypertext links to internet sites without the Company’s authorization;
(i) violate, intentionally or deliberately, any applicable law or regulation.
In the event that the Company must verify, either directly or following a report by another User, a violation of national and/or international law and/or these T&C, the Company reserves the right to immediately fully or partially block or delete, without prior warning and at its own discretion, the space made available or deactivate the Services, including pay services, or delete the User from the Company. In the event of deactivation of one or more pay services before the natural expiration for a violation or breach of the terms and conditions for use of the services, the User will not have the right to refund or restitution of any and all money paid. The Company will remove the reported material from its space and in more serious cases, the Company may remove the registration of the User without affecting the Company’s right to request compensation for any damages they may arise caused by the misconduct or unlawful conduct of the User.
The Company reserves the right to undertake due action against Users who do not fully respect the law and the present T&C.
ABSENCE OF THE GENERAL OBLIGATION OF CONTROL
In the supply of the Services on the Website, the Company limits itself to providing Users with the web space and the technical support (hosting) allowing Users to freely determine what content to publish autonomously on the given web space. The Company does not carry out any control, management, or prior selection functions for the abovementioned content, nor does the Company have the faculty to intervene on said Content before it is Posted. Consequently, the Company denies all liability, while the User shall be exclusively liable to third parties in ensuring the lawfulness of any and all Content published and shall warrant that Content does not infringe the rights of third parties.
Despite the foregoing the Company will nonetheless:
a) promptly inform the competent regulatory authority, should the Company discover presumed unlawful activity or information presumed to be illegal regarding one or more of its Users;
b) promptly provide, upon request from the competent regulatory authorities, the information in its possession to allow for the identification of the receiver of its Services, in order to identify and prevent illegal activity.
c) promptly act in the event that, upon request from the competent regulatory authority, the Company is required to block access to Content;
d) to promptly inform the competent regulatory authorities in the event that the Company discovers Content that is unlawful or prejudicial to a third party in a service to which the Company grants access.
Although the Company is not required to control the Content Published by Users, and without affecting what is indicated above, the Company reserves the right to access Content Published by Users at any time and without prior notice, to verify the respect of the conditions for use of the Services, to verify any violation or presumed violation of the rights of third parties, to verify the liability of Users following complaints deriving from private individuals and to take due measures, including the discontinuance or interruption of the service.
Without affecting what is provided for herein, and without affecting the full and exclusive liability of the Users, and solely in order to check the damaging consequences deriving from the unlawful use of the Services by the Users, programs that block the illegal uploading and sharing of copyrighted content Posted by Users may be used by the Company.
CONTACTS
For further information regarding the Website or the Service and for any contact, please write to us at the following web address: http://www.dada.net/help/ or contact us at the following address:
Dada.net S.p.A.
Piazza Pietro Annigoni 9/b
50122 – Florence, Italy