Terms and Conditions of Contract for Services
Contract and terms of service use
By using the site (visiting, browsing, joining), the user agrees to be bound by the terms of this contract. This agreement applies to all users of the site and/or of the service, including users that are technicians and contributors of content, information, materials and/or services.
The company Anteprima s.r.l., with offices in Lucca, Piazza dei servi, 11, Tax Identification Code 01837640463, hereinafter for the sake of brevity indicated also as the "supplier".
- the company Anteprima s.r.l. is the owner of an Internet portal named Eppela which contains data regarding its crowdfunding service and similar activities with the purpose of funding private users' initiatives, whose collection, cataloguing and subdivision into various specific activities is the primary task of the same Eppela, that has acquired specific experience in the organisation and provision of crowdfunding tools.
- said company carries out its activity of data collection receiving from interested subjects, as according to the next paragraph, the projects, the tiers of rewards, the news and updates on the activities, the biographic profiles and other necessary information regarding the subjects, without taking part in the processing of these details, and without therefore verifying the contents of the data in question, whose reliability is the sole responsibility of each controller;
1) Description of service
- - Eppela will provide the client access to its site as according to point a) of the premise, where the client will be able to access their data, as described above, finalised at creating contacts between the project creators and the site users.
- - This access will allow the needs of Eppela project creators who are looking for funding for the projects presented to be met.
- - All site users, whether sponsors or project creators, acknowledge and accept that Eppela provides means, not an end, i.e. results are not guaranteed.
2) All site users may access the services as indicated above subject to acceptance of these conditions.
And in particular:
Acceptance of conditions
- - The Service is available only to individuals who are at least 18 years old. The user declares and guarantees that if an individual, they are of legal age to form a binding contract, and that all registration information submitted is accurate and truthful. The Company may, at its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
- - In order to complete the registration or data transfer procedure, the client must supply correct truthful data, on the basis of the request;
- - On acceptance of this contract, Eppela will send an e-mail with all the instructions and information necessary for completing the operation to the address indicated by the client. Any variation regarding the client's e-mail address must be communicated in good time to Eppela who, in the absence of this communication, will continue legitimately performing its task using the old e-mail address.
You may browse the site and view contents without registering, but to use certain aspects of the Service, you may be required to register with the Company and select a password and screen name ("User ID").
The Company reserves the right to refuse the registration of or cancel a User ID and domain at its sole discretion. The user is likewise responsible for activity that occurs on their account and is responsible for maintaining the confidentiality of their password.
3) Client obligations, prohibitions and responsibilities.
- - Eppela is not liable for the content of the information posted by the client on the site or for damages caused directly or indirectly by the services provided;
- - By way of example, the user must not (and must not permit any
third party to) either take any action or upload, download, post,
submit or otherwise distribute or facilitate the distribution of
any Content on or through the Service, including, without
limitation, any user submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- is misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or offensive;
- constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or third parties;
- - Additionally, the user must not interfere or try to interfere with the Service's operations, or any activity carried out on the Service (adopt measures or behaviour which may change or restrict access to the Service, or other accounts, computer systems or networks connected to the Service);
- - the user must not use mailing lists or any form of auto-responder or "spam" on the Service or use manual or automated software devices, or other processes which could affect the Service's operations.
- - the user shall not decipher, decompile, disassemble, decodify or otherwise attempt to derive any secret and/reserved codes, ideas or algorithms of any part of the Service, except to the limited consented extent, modify, translate, or create derivative works of any part of the Service, or copy, rent, lease, distribute, or otherwise transfer any of the rights. The user must likewise abide by all local, state, national and international laws and regulations.
Eppela does not guarantee that any content or user submissions will be made available on the Site or through the Service. The Company shall monitor the site, services, content, or user submissions. However, the Company reserves the right to remove or modify any Content at its sole discretion without limitation, at any time, without notifying the user and for any reason.
- - the client shall not keep sensitive data on the site, and shall bear the responsibility arising from the lack of protection of the data issued, excluding the personal data which are indispensable for account creation. The client, likewise, shall take the utmost care of the alphanumerical codes (Passwords) necessary for using the service, not giving them to third parties, and is responsible for their safekeeping;
- - the client must abide by the laws and cardinal principles regarding computing, such as correctness, respect, transparency, professionalism and safeguarding the various interests involved;
- - the client must act with utmost transparency, be committed to avoiding any possible misunderstanding in the interests of all those involved;
- - use of informatic tools which may cause misinterpretations and/or lead other users/clients to make mistakes and/or confuse users/clients is prohibited;
4) Eppela liability limitations
- - In no event shall Eppela be considered responsible for the malfunctioning of the service offered, provoked by faults involving telephone lines, electricity lines, and/or other online transmission instruments, such as faults, overloads, interruptions and any cause which does not depend on its own conduct.
- - In particular, Eppela shall not be held responsible for failure to perform its own obligations due to causes outwith its control or force majeure.
- - Eppela shall not be held responsible for third parties' failures which prejudice the operations of the service made available, including malfunctioning telephone lines and controllers which manage telematic traffic.
- - Force majeure, catastrophes and unforeseeable events.
Eppela is not responsible for faults or malfunctions of its site of any type caused by fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, riots, civil disorder, strikes and any other unforeseeable exceptional cause which impedes the provision of the agreed service.
5) Eppela's Obligations
Eppela shall maintain an efficient service: in the event that it is forced to interrupt the service for exceptional events or for maintenance, Eppela will restore the service as quickly as possible in order to reduce the risk of any type of inconvenience to a minimum. Eppela will establish the procedure for accessing the services and reserves the right to improve them at any time in order to increase efficiency. Eppela will provide the client with all the technical specifications in order to be able to access said services.
6) Eppela warrantee limitations and exclusions
- - The user acknowledges that the Company has no responsibility and/or control over: users that access the Site; contents accessed through the Site; what effects the content may have on users; interpretation and/or use of content; contents present on the site and relative information which some people may find offensive or inappropriate. Eppela makes no statements concerning any content contained in or accessed through the site, and the Company will not be held responsible for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
- - The service is offered as is, without warranties of any kind, express or implied, which are expressly disclaimed.
- - Eppela will not be liable for the privacy of warrantee addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Eppela, transmitted over networks accessed by the Site, or otherwise connected with the use of the Service.
- - Eppela may allow links to other Internet sites or resources, and other sites or resources may contain links to the site. The user accesses third party websites at their own risk. These other web sites are not under Eppela's control and the user acknowledges that the Company is not responsible for the content, features, accuracy, legality, opportunity or any other aspect of these sites or resources. The inclusion of any link does not constitute any recognition on Eppela's behalf or any form of association with its managers. The user acknowledges and agrees that Eppela will not be responsible, directly or indirectly, for any damages or losses caused or presumably caused by or in connection with the use or the reliance of these Contents, goods or services available on or through any website or resource.
7) Fund collecting
- - Eppela allows funds to be collected from "e;sponsors"e; for the realisation of "e;projects"e;. The sum to be reached and the estimated time span necessary to collect it will be set by the project creators; these data may not be modified by the project creator or by Eppela once the project has been posted on the site. The amount of the sums requested from users is divided into tiers by the project creators who will recompense the sponsoring users with a series of rewards, also established solely by the project creators, and may not be changed once the project has been posted on the site.
- - In any event Eppela may not receive the amounts of money intended for the project creators for any reason. Eppela shall not be liable for the user's interactions with any organizations and/or individuals found on or through the service; this includes delivery of goods and services, and any other terms, conditions, warranties or statements associated with listings on Eppela.
- - Eppela does not oversee the performance or punctuality of projects. Furthermore, Eppela is not responsible for damages or losses incurred as a result of any such dealings.
- - All dealings are solely between the user and such organizations and/or individuals. Eppela is under no obligation to become involved in disputes between sponsors and project creators, or between site members and third parties. In the event of a dispute, the user releases Eppela, its officers, employees, and agents from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
- - In any event, Eppela cannot be held liable for the actions taken by or against a project creator. Eppela reserves the right to cancel a project listing held inappropriate for the site for any reason.
- - Eppela makes no guarantees regarding the performance of PayPal.
- - Creators may initiate sponsor refunds at their own discretion. Eppela is not responsible for issuing rewards offered by project creators in exchange for funds.
- - Eppela reserves the right to cancel, interrupt or suspend a listing at any time for any reason.
8) Fees and Payments
- - Access to the service offered by Eppela is free. Project creators may post projects for free; sharing projects through the tools Eppela makes available and keeping projects on the site for the time established by the project creators is also free. At the end of this period, if the financial threshold requested by the project creator has been reached, the Service will keep 5% of the total amount collected.
- - Each service offered shall be accompanied by the relative fee and the user will have the opportunity to review and accept the fees that they will be charged. The fees that will be debited may change from time to time. These changes are effective after the notice regarding the changes has been posted on the Site. Eppela may choose to temporarily change the fees for the services offered for promotional events or new services.
- - The user is responsible for paying all fees and applicable taxes associated with their use of the site.
9) Reserved site content and protection of intellectual property
The user acknowledges and accepts the Service may include materials and information protected by copyrights, trademarks, service marks, patents, trade secrets, or other ownership rights and laws. The user shall respect and keep all copyright information and information and restrictions contained in any Content accessible through the Service.
Eppela may at its discretion terminate the accounts of users who infringe the intellectual property rights of others. If the user believes that their work and/or project and/or product has been copied in a way that constitutes copyright infringement, they must provide Eppela the copyright with a written notification containing all information regarding the feature and particular detail, and in particular: the description of the copyrighted work that the user claims has been infringed; the description of where the material that the user claims is infringing is located on the Eppela Site, in order to allow Eppela to locate the material; the user's address, telephone number, and accompanied address.
Intellectual property rights - project creators
The service provides users with the ability to upload their content to the site. Eppela will not have any ownership rights over the user's content, however, it needs the creator's explicit authorisation, in order to perform the service. Eppela is hereby granted the right to make use of the product on the site, in order to allow for the use, hosting, display, and otherwise perform the service on the creator's behalf and is allowed to feature, sell, distribute and otherwise exploit the content, along with all associated copyrightable works or metadata, including, without limitation, photographs, graphics, and descriptive text in connection with the Service in order to allow other users to stream, transmit, playback, display, distribute and collect the content. This is all in connection with the provision of the Service.
To enable the Company to host the user's content, pursuant to the above provisions, the user hereby grants the right to use, reproduce, copy, and display their trademarks, service marks, slogans, logos or similar ownership rights, solely in connection with the Service.
Intellectual property rights - Users
Eppela may provide users with the ability to add, create, upload, submit, distribute, collect content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site. By submitting user submissions on the site or otherwise through the Service, the user explicitly acknowledges that: they may be identified publicly by their User ID in association with any such user submission; they grant Eppela the right to make use of the material submitted, to use, reproduce, distribute, prepare derivative works of, display products related to the user's submission in connection with the site, without limitation, for promoting and redistributing part or all of the site, without excluding means and/or channels.
Furthermore the user grants each user of the Site and/or the Service the right to use, modify, reproduce, distribute, prepare derivative works of, display and perform such user submissions solely for personal, non-commercial use. The user declares and guarantees that they own all the rights over the user submissions, or that the content of these user submission is in the public domain, and that they have full authority and ownership to act on behalf of these submissions. The user likewise accepts that the use or other exploitation of such User Submissions by Eppela and use or other exploitation will not violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contractual rights, or any other intellectual property or ownership rights. Eppela has no control over user submissions. Eppela cannot guarantee the authenticity of any data which users may provide about themselves. The user acknowledges that all content accessed by the user using the service is at their own risk, including any damages resulting therefrom.
Eppela will collect and archive the identifying data, for tax purposes, and any other necessities concerning activation, management and/or maintenance of the services provided by Eppela. Eppela will record identifying data supplied by the client, passwords and necessary usernames, e-mail addresses and any notes or pieces of information regarding the client, their work, or data necessary for project completion in its archives on the electronic and/or paper databases of Anteprima s.r.l., with offices in Lucca, Piazza dei servi 11, who is also the data controller.
These data will be used to send communications regarding this contract and its execution, for promotional information regarding all the services which are part of the service offered by Eppela, and for the commercial management of the client.
More specifically, the client authorises the following uses:
- - collection and processing for the purposes of the execution of this contract;
- - processing, by Eppela, of personal data, for the purposes of defining the commercial profile of its clientele.
Eppela shall not sell the data collected to third party companies.
10) Termination clause
The client acknowledges that any failure to perform the obligations indicated in the above points 1), 2), 3), 4), 5), 6), 7), 8) and 9), constitutes automatic termination of the contract, allowing Eppela to suspend the service provided, confiscate the payment received as partial compensation for the damages suffered, without prejudice to the possibility of Eppela taking legal action against the client for compensation for additional damages.
11) Competent court
The conditions of the service (and any further regulations, policies or guidelines to be integrated into this document) shall be governed by Italian state laws, without giving effect to any principles of conflicts of law. The user declares that any legal action and/or dispute arising out of or relating to these terms shall be filed only in the Court of Lucca.
Approval of clauses ex art. 1341 and 1342 Italian civil code (so-called unfair clauses)
Pursuant to and according to articles 1341 and 1342 of the Italian civil code, after careful inspection, the contents of the following clauses have been expressly approved:
- - payment and non payment
- - client obligations, prohibitions and responsibilities
- - Eppela liability limitations
- - force majeure, catastrophic events and unforeseeable events
- - termination clause
- - competent court
Information ex art. 13 Legislative Decree 196/2003
We inform the user that Legislative Decree 196/03 (personal data protection code) provides for the protection of persons and other subjects as regards personal data processing. According to the indicated regulation, this processing shall be based on principles of correctness, lawfulness and protection of the user's confidentiality and rights.
Pursuant to art. 13 of Legislative Decree 196/03, we thus inform the user of the following:
- he data provided by the user will be processed for the following purposes: management and execution of the contract signed by the user; organisation and execution of the service, also through communication of data to third parties; performance of the legal obligations or other obligations required by the competent authorities.
- processing shall be carried out in the following ways: using informatic/manual tools.
- data transfer is indispensable but not obligatory and should the user not agree, there will be no consequence, however this could lead to Eppela being unable to fulfil its obligations for the provision of the service requested in good time.
- without prejudice to that which is strictly necessary for the correct execution of this contract, the data in question shall not be communicated to other subjects, nor shall it be diffused, without the user's express authorisation.
The data controller is Anteprima s.r.l., with offices in Lucca, Piazza dei servi 11, who the user may contact to avail their rights as according to art. 7 of legislative decree 196/03.
Having acquired the information as before mentioned, provided according to art. 13 of Legislative Decree 196/03, the client declares their consent to the processing of the data provided as above described.