Eppela - Terms and Conditions of Contract for Services
Terms and Conditions
Mandatory conditions for the usage of the service
With the use of the website (visit, navigation, subscription), you agree to be bound by the terms of this contract. This agreement extends to all users of the Site and / or the service, including users who are also just collaborators, informers, technicians, and users and / or bearers of materials and / or services on the site.
Anteprima SRL, based in Lucca, Piazza dei servi 11, PI01837640463, hereinafter for brevity also referred to as "supplier".
- Anteprima s.r.l is the owner of an internet portal called Eppela that holds data regarding the service of crowdfunding and similar activities with the purpose of the financing of private users advertisers, whose collection, cataloging and classification in different specific activities, the primary task is carried out by Eppela, which acquired specific experience in the organization and preparation of instruments of crowdfunding.
- the company operates its data collection receiving from outside parties referred to the Chapter that precedes he description of projects, the echelons of reward, news and updates on activities, the biographical sketches and other necessary information, relating to the same, without participating in the preparation of such information, and without then check the contents of the data, the reliability of which thus remains the sole responsibility of each holder;
1) Premises are part of this contract.
2) Description of Service
- - Eppela will provide the customer the access to their website referred to in point a) of the introduction, where you can access the data, as described above, aimed at creating contacts between advertisers and users of the site.
- - Such access will therefore meeting the needs required by advertisers of Eppela during the searching of funding for projects with the requirements specified by the advertiser itself.
- - All users, whether they are supporters of projects or project creators, acknowledge and accept that Eppela assumes an obligation of media and not of result.
3) From the moment of acceptance of these conditions, all users will have access to the services mentioned above.
And in particular:
1) Acceptance of Terms
- - The service is habitable by people who have reached the age of eighteen years and older. You represent and warrant that, in the case of an individual user, has legal age to form a binding contract, and that all registration information is truthful and accurate. The Company may, at its sole discretion, refuse to offer the Service to any person or legal entity, and changing the eligibility criteria at any time.
- - For the procedure of recording or data transfer has successfully completed, the customer must provide accurate, truthful, to be produced according to the request;
- - Eppela will communicate to the email address specified by the customer at the time of acceptance of this contract all instructions and information necessary for the successful completion of the requested operation. It is understood that any change regarding the e-mail address of the customer will be notified promptly by these Eppela that in the absence of any such communication, legitimately continue to fulfill their duties using the e-mail also obsolete.
4) Obligations, prohibitions and responsibilities of the customer
- - Eppela is not responsible for the content of the information disclosed by the client on the network, and is not liable in any way for damage caused directly or indirectly by the services provided;
- - By way of explanation, the user should not (and may also allow third parties to) engage in conduct intended to upload, download, post, email, or distribute or facilitate distribution of any Content on or through the Service, including without limitation any Submission that:
- 1) involving patent infringement, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligations;
- 2) these elements and / or content misleading, untruthful or inaccurate;
- 3) present aspects and / or illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene or offensive;
- 4) aspects and / or elements that constitute unsolicited advertising, unauthorized, and represent promotional materials, spam, or chain letters;
- 5) aspects and / or items that contain viruses or any other computer code, files or programs designed or intended to destroy, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment, to damage or obtain unauthorized access authorized to any system, data, password or other information of Company or third parties;
- - the user is also obliged not to interfere with or groped to interfere with the proper working of the Service, or of any business carried on the Service (measures and / or behaviors that may change and / or limit access to the Service, or other accounts, computer systems or networks connected to the Service);
- - the user can also perform mail-list, and any form of auto-responder, or "spam" on the Service, or activate devices use manual or automated software, or other processes detrimental to the operation of the Service;
- - the user agrees not to decipher, decompile, disassemble, reverse engineer or otherwise groped to extract secret codes and / or confidential ideas or algorithms of any part of the Service, except to the limited extent and allowed, modify, translate, or create derivative works from any part of the Service, or otherwise copy, rent, lease, distribute or otherwise transfer any right. Must also be complied with local, state, national and international regulations.
Eppela assumes no responsibility regarding the availability, on-site or through the services of any User Submissions or Content. The Company undertakes to monitor the site, services, content, and material posted by users. However, we reserve the right to remove or modify any Content in its sole discretion, without limitation, and this at any time, without notice and for any reason.
- - the customer agrees not to store sensitive data on the site, and to bear the liability arising from the failure to protect the data entered, with the exception of personal data necessary to create the account, it also undertakes to have the greatest care of alphanumeric codes (password) necessary for the performance of the service, not transferring them to third parties, responding, therefore, the custody of them;
- - the customer is obliged to adhere to the laws and principles of the law of the computer, such as fairness, respect, transparency, professionalism and protection of the various interests involved;
- - the customer must operate with maximum transparency, undertaking to avoid any possible misunderstanding in the common interest;
- - it is forbidden the use of information tools that can create misunderstandings and / or misleading and / or confusing the other operators - customer;
5) Limitation of liability Eppela
- - In no event Eppela is considered responsible for the failure of service, caused by faults to the phone lines, electrical, and / or otherwise to other broadcasting tools online, such as failures, overloads, outages, and in any case not dependent on any cause his behavior.
- - In particular Eppela can not be held responsible for failure to perform its obligations due to causes outside the sphere of the company's control, or by force majeure.
- - Eppela can not be held responsible for infringements of third parties which affects the operation of the service provided, including slow speed, or the failure of telephone lines and computer networks that traffic telematics.
- - Force majeure, catastrophic events and fortuitous. Eppela is not responsible for the failure or malfunction of any kind of your website, which is caused by fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, insurrection, riot, strike, or any other unpredictable and exceptional cause to provide the agreed service.
6) Eppela committments
Eppela is committed to maintaining the efficiency of the service offered: in the event that was forced to interrupt the service for exceptional events or for maintenance, Eppela take care to restore service as quickly as possible to minimize the risk of disruption of each kind. Eppela define the procedures for access to services, and reserves the right to improve them at any time, in order to increase power efficiency. Eppela provide the customer with all the technical specifications to gain access to these services.
7) Limitations and exclusions of warranty by Eppela
- - You acknowledge and agree that the Company has no responsibility and / or control: users who access the Site; towards content that is accessed through the Site, the effects of the users; interpretation and / or use of the content; contents on the site and related information that some people may find offensive or inappropriate. Eppela makes no representations concerning any content accessed through the site, and the Company shall not be liable for the accuracy, copyright compliance, legality or decency of material contained made accessible through the Site or the Service.
- - The service is offered in the state of fact and law under these conditions, without warranties of any kind, express or implied, for which we assume no responsibility.
- - Eppela not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential information or trade secrets, or any other content stored on Eppela, transmitted over networks accessed by the Site or otherwise in connection with the use of the Service.
- - Eppela may allow you to link to other websites or resources on the Internet, and other websites or resources may contain links to the site. When you access third party websites, you do so at your own risk. These other websites are not under the control of Eppela, and you acknowledge that the Company is not responsible for the content, functions, accuracy, legality, opportunity or any other aspect of such websites or resources. The inclusion of any link does not imply endorsement by Eppela or any association with its operators. You further acknowledge and agree that Eppela not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any site web or resources.
- - The donation or offer made by the user on the platform of Eppela in support of a project, it will remain a promise to pay until the end of the project. The user therefore undertakes to make available the sum donated to the entry deadline for the project which aims to support.
- - At the specified period, if the project is successful, the amount donated will actually be drawn. In the event of a negative result, any deductions will be made.
- - Only in the case of payment by credit card should be an automatic verification of the validity of the same, with a request for authorization of the payment of 0.01 Euro / cent.
- - The value limits of individual donations made by users are fixed in Euro 2,00 (minimum) and € 1000.00 (maximum limit. You can make a donation amount of fractionated.
- - Each user can perform more than one bid in support of the same project or in support of different projects, subject to the availability of credit on their card and / or the limits of availability of your Paypal account
- - The offer made by the user is a mere act of liberality. With it the user the right to exclusively mature cd. "Reward" promised by the designer in exchange for the same. The "reward" is made up of a valuable asset negligible. With the donation You do not acquire any ownership or other real rights on the project that supports any right of sharing the economic exploitation of the project it supports, any intellectual property right, trademark or patent or upon subsequent developments in the project in the future.
9) Fund Raising
- - With the signing of this contract the designer accepts that donations in support of its draft, possibly made by users and actually disbursed only upon reaching the "finish line", are collected from Eppela in his name and on his behalf. The designer agrees to hold from now Eppela from any liability for any act or omission relating to his project.
- - Designer and donor Eppela take note that the platform is only a means of linking supply delivered by the donor and the project published by the designer and therefore no link of any kind may arise between Eppela and donors as a result of the tender or between Eppela and designers in consequence of the publication of the projects.
- - The company which owns the platform Eppela Preview acknowledge that you have opened a bank account at the bank CREDEM - Credito Emiliano SpA dedicated to collecting donations in the name and on behalf of the projects on it published. Donors may make payments by credit card (Visa ® and MasterCard ®) to support projects published on the platform.
The company is committed to meeting the conditions to transfer the proceeds collected through donations from individual projects, the designer of reference or, in case of non fulfillment of the conditions, to cancel transactions that have already occurred.
- - In the event that the project published on Eppela reach the criteria of eligibility, the designer will receive, within 30 days from the date of publication, the amounts collected net of management costs Eppela (5% of the figure), the costs of banking transaction, VAT and withholding tax if applicable.
In the event that the project does not reach the criteria for finance skills, no charge will be due by the designer to Eppela.
- - Transaction costs listed below will be borne by the designer, then adjusted to exclude from the amount collected during the time of publication of the draft, only in the event that the project will reach the criteria for finance skills. Otherwise, no transaction costs will be charged to the designer.
- - Projects published until the date of 10/06/2013 (Paypal payment system):
3.4% + € 0.35 for each transaction.
- - Projects published from 11/06/2013 onwards (payment system Sella / Gestpay):
2% + 0,20 € for each transaction.
- - For projects financed with Paypal:
- - Within 30 days after the end of the project, in the case of reaching the criteria of eligibility, the offers will be automatically credited to your account Paypal designer, net of management fees equal to 5% of the transaction costs and VAT if applicable . At the same Eppela will issue a receipted invoice for an amount equal to 5% of the amount collected. Eppela will also provide the designer with the list of supporters who have acquired the right to "reward" with the data necessary for the fulfillment of the promised rewards.
- - For projects financed with the system Sella / Gestpay:
- - Within 30 days after the end of the project, in the case of reaching the criteria of eligibility, the amount raised by the project (net of management fees equal to 5% of the transaction costs and VAT if applicable) will be credited to the account of the designer. At the same Eppela will issue a receipted invoice for an amount equal to 5% of the amount collected. Eppela will also provide the designer with the list of supporters who have acquired the right to "reward" with the data required to meet.
- - Eppela allows you to collect funds from "supporters" for the realization of "projects." The target figure is determined by ad of the project together with the arch of estimated time to pick it up, and these data will no longer be modified nor by ad itself, nor Eppela, once published a draft on the Site The extent of amounts requested by users is divided into bands set by the same advertisers who will pay for the user advocate, a series of rewards, always and only determined by the advertisers themselves, and that can not be changed once the project published on the Site
- - In any case Eppela may not hold title to any reason or cause, the sums of money for the creators of the project. Eppela is not responsible for your 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 listings on Eppela.
- - Eppela is not obliged to monitor and control the performance or punctuality of projects. Eppela also not responsible for damages or loss suffered as a result of such negotiations.
- - All relationships established are rooted solely between you and such organizations and / or individuals. Eppela is not obligated in any disputes or negotiations or disputes which may arise between supporters and creators of the project, or between site members and third parties. In the event of a dispute, you expressly relieve Eppela, its officers, employees, agents from all claims, damages and demands of every kind, known or unknown, suspected or not, disclosed or reserved, arising directly and / or indirectly by such disputes, however.
- - In any case Eppela can not be held responsible for the actions driven by and / or against a creator of a project. Eppela reserves the right to cancel a list of projects, deemed unfit to remain on the website for any reason.
- - Eppela makes no warranties regarding the performance or operation of the payment platform Paypal.
- - Designers will conduct procedures reward their supporters to their personal discretion. Eppela is not responsible for the issuing of rewards offered by the creators of the project in exchange for their fundraising.
- - In any case Eppela remain completely alien and not subject to any kind of liability and agreement on any aspect of tax, accounting and / or tax related and / or otherwise attributable to the management of the amount received by the advertisers as an offering by supporters, and in any case be due to the potential development of commercial projects, the possible sale of goods, gifts and / or rewards related to the receipt of those funds.
- - Eppela reserves in any case the right to cancel, terminate or suspend an advertisement at any time, for any reason.
- - The designer will receive the amount collected during the period of publication of the draft of Eppela it will become the exclusive owner. Will be liable for the tax regularization of the amount received in relation to their tax position and pay.
- - After the expiry of the date of publication, were transferred from Eppela to the engineer of the money raised, both data of supporters, the relationship between the designer and Eppela be considered definitely concluded.
10) Rates and payment
- - The access to the service offered by Eppela is free. Are free of the publication of the project by an advertiser on the site, are equally free sharing it through the tools provided by Eppela and his stay on the site all the time established by the advertiser. At the end of this period, but only in the case of reaching the threshold of funding requested by the advertiser, the Service will retain a percentage of the amount equal to 5% of the total harvest.
- - Each service offered will be accompanied by its price, which you will have the opportunity to read and accept the quantification. The tariffs to be charged may vary from time to time. These changes are effective after being published with adequate notice on the site. Eppela may choose to temporarily change the fees for services provided for promotional events or new services.
- - You are responsible for paying all fees and applicable taxes, related to the use of the site.
11) Secure Site Content and intellectual property protection
You acknowledge and agree that the Service may include materials and information protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. The user therefore undertakes to respect and preserve all information copyright notices, information and restrictions contained in any Content accessed through the Service. Eppela may in its discretion terminate the accounts of users who infringe the intellectual property rights of others. If the user will think that your work and / or project, and / or product has been copied in a way that constitutes copyright infringement, it must provide to Eppela copyrights, with a written notice containing all the information about this requirement and peculiarities, and in particular: a description of the copyrighted work and / or copyright that has allegedly been infringed; description of the material that you claim is infringed, and which is located on the site Eppela, such as Eppela allow to locate the material; your address, telephone number and email address.
Intellectual property rights - project developers
The service offers the ability to upload to the site the projects developed. Eppela will have no right of ownership on the content of the same, but having it need the express authorization of the inventor, to host on the site such products. For Eppela is therefore granted the right to enjoy the product on the site designed in order to allow its use, acceptance, exposure, and still perform the service in the name of the inventor, and still allow you to view, of sell, distribute and otherwise exploit the content, along with all associated works, copyrights, or metadata, including without limitation, photographs, graphics, and descriptive text in relation to the Service. And this is to allow other users the flow, transmission, reproduction, display, distribution, and collection of the Works. And all this in relation to the provision of the Service. To enable the Company to host the content according to the above provisions, it grants the same right to use, reproduce, copy, and display the trademarks, service marks, slogans, logos or similar proprietary rights of the inventor, exclusively in connection with the Service.
Intellectual property rights - Users
Specifically, the Customer authorizes the following uses:
- collection and processing for the execution of this contract;
- development by Eppela, of personal data for the purpose of defining the business profile of its customers.
Eppela will not sell the information collected to third party companies.
12) Termination clause
You acknowledge that any breach of the obligations set out in the above points 1), 2), 3), 4), 5), 6), 7), 8), 9) and 10), will be cause for automatic termination of the contract thus allowing Eppela to suspend the service provided, to rake in the amount received as partial compensation for the damage suffered, being in any case the possibility for Eppela itself to act against the client for compensation for additional damages.
The conditions of the service (and any further rules, policies or guidelines incorporated herein by reference) are governed by the laws of the Italian State, without giving effect to any principles of conflicts of law. You agree that any legal action and / or controversies that may arise or result from the application of this Agreement, jurisdiction for the territory is solely that of the Court of Lucca.
Approval clauses pursuant to art. 1341 and 1342 of the Civil Code (SO-CALLED unfair terms)
Pursuant to and for the purposes of Articles. 1341 and 1342 of the Civil Code expressly approved, after having carefully read, the contents of the following clauses:
- - payment and non-payment
- - obligations, prohibitions and responsibility of the customer
- - limitation of liability of force majeure, catastrophic events and fortuitous
- - termination clause
- - place of jurisdiction
According to Art. 13 of Legislative Decree 196/2003
We inform you that Legislative Decree 196/03 (Code for the protection of personal data) provides for the protection of persons and other subjects regarding the processing of personal data. According to the law, this treatment will be based on principles of correctness, lawfulness and transparency and the protection of your privacy and your rights.
Pursuant to art. 13 D. L.gs. 196/03, therefore, we provide the following information:
- the data you provide will be used for the following purposes: management and execution of the contract signed by her; organization and execution of the service, also through the communication of data to third parties, fulfill their legal obligations or other obligations required by the competent authority.
- will be handled in the following ways: use of computer / manuals.
- the provision of data is essential but not compulsory and any refusal has no consequence, but it could result in failure to timely fulfillment of the obligations assumed by Eppela to supply the requested service.
- except to the extent necessary for the proper performance of this contract, the data will not be communicated to other parties, nor will it be distributed without requesting your express consent.
The holder of the treatment is Preview srl, based in Lucca, Piazza dei servi 11, to which you can apply to assert his rights as provided by art. 7 of Legislative Decree 196/03.
Once the information above, made pursuant to art. 13 of Legislative Decree no. 196/03, the customers consent to the processing of data as described above.