TERMS AND CONDITIONS OF VIRALKISS® FOR USERS AND MEMBERS OF THE NON-PROFIT ASSOCIATION FOR SOCIAL DEVELOPMENT "LEZIONI DI BACIO"
This Agreement has been originally drawn up in Italian.
In the event of a conflict between any translated versions of this Agreement and the Italian version, the latter will prevail.
Date of last revision: 06/29/16
VIRALKISS® PLATFORM GENERAL TERMS AND CONDITIONS OF USE:
This “Document” regulates the General Terms and Conditions of use of the VIRALKISS® platform and governs the relationship established between the Non-Profit Association for Social Development " LEZIONI DI BACIO " (henceforth also referred to as LEZIONI DI BACIO) in the use of the VIRALKISS® platform and users and whomever interacts with the VIRALKISS® platform and, further, with all the brands, products and services of the VIRALKISS® platform, hereafter the “Services”, defining the rights and responsibilities in a clear manner.
Using or accessing the Services implies the acceptance of this Document and any updates to it that may be effected periodically in accordance with the special provisions applicable to the software described below.
Since the platform provides a wide range of services LEZIONI DI BACIO, through the VIRALKISS® platform, may require you to review and accept additional terms and conditions that shall be applied to the VIRALKISS® platform in conjunction with use of an application, product or specific service.
If a conflict should arise between such additional terms and this Document, the additional terms associated with the application, product or service shall prevail, in relation to the use of such an application, product or service by the user regarding the scope of the conflict.
2. CONTENT AND DATA SHARING:
The user is the owner of all content and information posted on VIRALKISS® and may control how these are shared by customising the settings of the application.
•As for the content protected by intellectual property rights, such as photos and videos, the user grants LEZIONI DI BACIO the following permissions, subject to privacy settings and application settings: THE USER GRANTS LEZIONI DI BACIO AN EXCLUSIVE LICENSE WHICH MAY BE TRANSFERRED AS A SUBLICENSE, ROYALTY-FREE AND VALID WORLDWIDE, WHICH PERMITS THE USE OF CONTENT POSTED ON VIRALKISS® AND PROTECTED BY INTELLECTUAL PROPERTY RIGHTS OR IN CONNECTION WITH THE VIRALKISS® PLATFORM.
•The License ends when you delete your account or the content protected by intellectual property rights, unless such content has been shared with third parties and said third parties have not removed the content.
•When deleted by the user, the content protected by intellectual property rights is deleted, but nonetheless, it is possible that the removed content may be stored in backup copies for a specified period of time (even if invisible to others).
•When the user posts content or information on the BAKEKA of the VIRALKISS® platform, in using the "Public" setting, they allow all VIRALKISS® members to access that information and begin the process of profile association (Friendship).
•Users may post comments and suggestions related to the VIRALKISS® platform, however, they should be aware that their comments may be used without any obligation of compensation to them (just as the user is not obligated to provide them).
3. COPYRIGHT, INTELLECTUAL AND INDUSTRIAL OWNERSHIP RIGHTS:
The VIRALKISS® platform contains copyrighted content made available to users such as:
•Audio-visual works, such as TV shows, films and online videos
•Sound recordings and musical compositions
•Written works, such as lectures, articles, books, and musical compositions
•Visual works such as paintings, posters and advertisements
•Theatrical works, such as plays and musicals
The copyrighted content within the platform is always used in compliance with Italian and International laws regulating its use and protecting the economic and moral rights of the authors.
More specifically, we are referring to:
•Italian Parliament Law No. 633 of 22 April 1941, O.G. 16/07/1941 - Protection of copyright and other rights relating to its exercise and updates. With special reference to Article 70, paragraph 1, 1bis (Law No. 2 of 9 January 2008), 3.
•Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society. Considerations on paragraphs 14, 34, 40, 42. Article 5 (sections 1,3a, 3d, 3j), Article 6 (section 3).
•United States Code Title 17, Chapter 1, Subject Matter and Scope of Copyright, Paragraph 107; Limitations on exclusive rights: Fair Use
The copyright protected content available through the VIRALKISS® platform are always used for reference, teaching and criticism by the Non-Profit Association for Social Development "LEZIONI DI BACIO", as well as to engage users in their capacity as members in discussions on the Association's primary purposes.
To exclude any risk of injury to the moral rights of authors and not harm in any way the right to authorship of the works, the Non-Profit Association for Social Development "LEZIONI DI BACIO" requires that all content present on the platform be adequately referenced as provided by law. More specifically, any summary, citation and reproduction always be accompanied by the mention of the title, the author's name, and publisher.
There is no risk of economic use of the work for competition because all contents are used by the Association for illustrative and non-commercial purposes.
Protected content available for use on VIRALKISS® always consists of small parts of entire original works, both in terms of the larger works from which they are excerpted and in relation to the new documents into which they have been inserted, and, as such, those parts are always necessary to pursue the referenced purposes of the Association, as stated in the Articles of the Statute of LEZIONI DI BACIO.
In the case of audio/video content, the parts of works are used unchanged compared to the original version in terms of content, but are properly degraded as required by law.
In the case of content derived from written works, those parts are used unaltered and with proper citation.
Copyrighted content available for use on VIRALKISS® always consists of small pieces of original works by using the translations authorised by the content owner.
Copyrighted content available for use on VIRALKISS® is always legitimately purchased by the Non-Profit Association for Social Development "LEZIONI DI BACIO" for private use and its use by members is provided for and regulated by the Motion Picture Licensing Company Umbrella License for clubs and associations issued by MPLC Italy, Via degli Olmetti 39/E, 00060, Formello, Rome Prov., Italy, and which the referenced Association renews annually.
Copyrighted soundtracks available for use on VIRALKISS® are always legitimately used and regulated by License for Clubs and Associations issued by the Italian Society of Editors and Authors (S.I.A.E.), Viale della Letteratura 30, 00144, Rome, Italy, and which the referenced Association renews annually.
The use of copyrighted content can ONLY take place within the VIRALKISS® platform. Only users duly affiliated with the Non-Profit Association for Social Development "LEZIONI DI BACIO" can sign up and access the VIRALKISS® portal. The membership trial period lasts a maximum of (28 days). Access to the VIRALKISS® platform, and consequently the use of copyrighted content, are therefore EXCLUSIVE, REGULATED and CHECKED.
Protected content is accessible within the VIRALKISS® portal through various means (smartphone, tablet, PC, SmartTV) but CANNOT be copied, modified, transferred, or used in any environment other than the VIRALKISS® portal.
Copyrighted content is stored on a server equipped with appropriate security systems and reserved exclusively for the Non-Profit Association for Social Development "LEZIONI DI BACIO", whose exclusive option is renewed annually.
DISCLAIMER: on 9 May 2016, the Non-Profit Association for Social Development "LEZIONI DI BACIO" Board declares that it never has, nor does it ever intend to infringe copyright laws (especially those regarding moral and economic rights) applicable to the works available for use on VIRALKISS®. Parts of works are, and will always, be used by the Non-Profit Association for Social Development "LEZIONI DI BACIO" through the VIRALKISS® platform for reference, education, criticism, as well as to involve members in discussions regarding the sentimental sphere, approaching people, social and sentimental relationships, as provided by laws requiring citation pursuant to Article 10 of the Berne Convention.
4. AGE-RELATED RULES OF CONDUCT:
You must be at least 18 years of age to use the VIRALKISS® platform. Minors are invited to register after turning 18. All services available within the VIRALKISS® platform, and the topics covered by the Non-Profit Association for Social Development "LEZIONI DI BACIO", are not intended for children under 18 so we ask children under 18 not to send us their information. If the Non-Profit Association for Social Development "LEZIONI DI BACIO" were to become aware of an account created by a minor, the staff will proceed to block the account and process the data collected during registration in accordance with current law. In the event that a minor created an account in clear violation of this clause, the LEZIONI DI BACIO reserves the right to retain the email and IP address information to avoid future infringements or prevent the creation of any new profiles. LEZIONI DI BACIO works day in and day out to limit the execution of these practices but it cannot be held accountable for infringement.
We strive to make sure that VIRALKISS® is a secure site, but we cannot guarantee it. We need all users to contribute to safeguarding the security of the VIRALKISS®' platform, meaning that they pledge to:
•Not post unauthorised commercial communications (such as spam) on VIRALKISS®;
•Not collect the content or information of users, or otherwise access VIRALKISS® using automated means (such as data harvesting bots, robots, spiders, or scrapers) without our explicit permission;
•Not engage in unlawful multi-level marketing actions, for example pyramid schemes, on VIRALKISS®;
•Not upload viruses or other malicious codes;
•Not try to get login or access information without permission for accounts belonging to others;
•Not belittle, intimidate, or harass other users;
•Not post any content that is threatening, pornographic, that contains incitement to hatred and violence, or that contains nudity, or explicit or gratuitous violence;
•Not develop or manage third-party applications with content related to dating services or otherwise directed to an adult audience (including advertising) without indicating the proper age restrictions;
•Not use VIRALKISS® for illegal, misleading, malicious, or discriminatory purposes;
•Not take any action that would prevent, overburden, or impair the proper functioning or look of VIRALKISS®, such as a denial of service attack or other disruptive actions that interfere with page rendering or other VIRALKISS® functions;
•Not promote or encourage non-compliance of this document or our regulations.
ATTENTION: The Non-Profit Association for Social Development "LEZIONI DI BACIO" believes in suppressing the posting of content featuring minors, pornography, incitement to hatred or violence or nudity or explicit or gratuitous violence is critical to the success of the entire project, and has therefore drafted an ETHICAL CODE which must be signed during registration. To allow users of the VIRALKISS® platform to share their personal content, always in a responsible and informed way, we have also furnished a RESPONSIBILITY DISCLAIMER document, which must be signed and clearly agreed during the content loading phase.
6. REGISTRATION AND ACCOUNT SECURITY - PROFILE:
VIRALKISS® platform users provide their real name and information, and we invite everyone to do the same. In terms of registration and to ensure the security of each account, users must pledge to:
•Not provide any false personal information on VIRALKISS® or create an Account on behalf of another person without their authorization;
•Not create more than one personal Account;
•Not create another Account without our consent if the original Account is deactivated;
•Not use the BAKEKA or BACIOBOX for commercial profit, but rather use a VIRALKISS® page which may be created for this purpose;
•Not use VIRALKISS® if you are under 18 years;
•Not use VIRALKISS® if you have been convicted of sexual offenses;
•Ensure that your contact information is always accurate and up to date;
•Not share your password (or in the case of developers, your secret key) or allow other people to access your account, or do anything else that might jeopardise the security of your Account;
•Not transfer your Account to a third party without prior written consent by the Non-Profit Association for Social Development "LEZIONI DI BACIO";
•If you select a username or similar identifier for your Account or your own page, we reserve the right to remove or reclaim it.
7. GUARANTEEING THIRD-PARTY RIGHTS:
The Non-Profit Association for Social Development "LEZIONI DI BACIO" fully respects the rights of others and we expect VIRALKISS® users to do the same.
•It is forbidden to post or perform actions on VIRALKISS® that may violate the rights of third parties or applicable law;
•We reserve the right to remove any content or information users post on VIRALKISS® in the event it is deemed not compliant with this document, the CODE OF ETHICS or our GUIDELINES AND REGULATIONS;
•We will provide all the tools necessary to protect the intellectual property rights of users by providing the option to report violations and remove the infringing content;
•If we have removed content because it infringed on third-party copyrights and the user who posted said content believes that this is in error, the latter has the option to file an appeal by submitting a re-evaluation request to email@example.com
•If the user repeatedly fails to comply with the intellectual property rights of others, the Account of the user may be disabled if we deem it appropriate;
•Users shall not use copyrighted materials or trademarks of VIRALKISS® or similar symbols that can cause confusion, unless they have obtained our authorization in writing;
•Copies of identification documents or sensitive financial information may not be posted on VIRALKISS®.
•It is forbidden to report, cite or post information of people who are not VIRALKISS® users without their consent. LEZIONI DI BACIO provides built-in authorization tools to allow people who are not users of VIRALKISS® to give permission to post and share information within the platform.
8. MOBILE PHONES AND OTHER DEVICES:
•The mobile services that we currently provide are free, but are still subject to the charges and standard fees of mobile service providers, such as data connection charges.
•In the event a mobile phone number or email address is modified or deactivated, the user must necessarily update the information on his/her VIRALKISS® account within 48 hours to prevent his messages from being sent to the new owner.
•The user hereby provides his or her consent and all rights necessary to enable syncing (including through an application) of their devices with any information visible to them on VIRALKISS®.
You agree to our payment terms unless other terms are applied.
10. COMMERCIAL CONTENT POSTED OR SUPPORTED BY VIRALKISS® AND AD-HOC ACTIVITIES:
Our goal is not to provide advertising and other valuable commercial or sponsored content to users; however we do not exclude the possibility of reserving advertising space within the VIRALKISS® platform. The Non-Profit Association for Social Development "LEZIONI DI BACIO" can, according to the Articles of the Statute of the Association, carry out commercial activities for the achievement of its social purposes. LEZIONI DI BACIO shall allocate all funds raised to achieving its social purpose.
To this end, only users who, when joining the Non-Profit Association for Social Development "LEZIONI DI BACIO", signed the PRIVACY DISCLAIMER accept the following:
•Users grant "LEZIONI DI BACIO" permission to use their name, profile picture, content and information related to commercial, sponsored or related content (such as favoured brands) published or supported by the Non-Profit Association for Social Development "LEZIONI DI BACIO". This statement implies, for example, that the user allows a company or other entity to offer a cash reward to LEZIONI DI BACIO to show the name and/or profile image of the user's VIRALKISS® profile together with its content or data without receiving any compensation. If the user has selected a specific audience for his/her content or data, we shall respect his/her choice at the time it is used.
•LEZIONI DI BACIO does not provide advertisers with the information or user content without obtaining user consent.
•It is possible that LEZIONI DI BACIO may not always be able to identify which services and communications are offered for a fee.
11. SPECIAL SOFTWARE PROVISIONS:
•When the users downloads or uses the software, such as a stand-alone software product, an application or a browser plugin, the user agrees that the software may occasionally download and install updates, upgrades and additional features from the VIRALKISS platform ® in order to further improve, optimise and develop the software.
•The user agrees not to modify, create derivative works, decompile or otherwise attempt to extract the source code, unless this is expressly authorised based on an open source license, native machine code, or in the absence of express written authorization.
•In the event of changes in regulations, guidelines or other conditions mentioned or included in this document, we shall post notification.
•The continued use of VIRALKISS® following notification of changes to our terms, policies or guidelines shall constitute your acceptance of the amended conditions, regulations or guidelines.
If the actions of the user do not abide by our General Terms and Conditions in form and substance or if they create legal risks for the Non-Profit Association for Social Development "LEZIONI DI BACIO", we reserve the right to discontinue at any time the provision of some or all of the VIRALKISS® platform services to the user.
•Any complaint, substantive law or dispute ("complaint") between the user and the Non-Profit Association for Social Development "LEZIONI DI BACIO", arising out of these VIRALKISS® Terms and Conditions or connected therewith will be addressed exclusively by the Court of Venice, Italy. You agree to submit to the personal jurisdiction of the aforementioned court in order to carry out such disputes. The laws of the Italian state shall govern any claims that may arise between the parties.
•In the event of complaints arising against us and related to actions, content or promoter information on the VIRALKISS® platform, the user agrees to indemnify and hold harmless the Non-Profit Association for Social Development "LEZIONI DI BACIO" from and against any damages, losses, and expenses of any kind (including reasonable legal fees and costs) resulting from such claim. Although we provide rules for the conduct of the users, WE DO NOT CONTROL OR DRIVE USER ACTIONS on the VIRALKISS® platform and WE ARE NOT RESPONSIBLE for the content or information users transmit or share on VIRALKISS®. We are not responsible for any data or content that is offensive, inappropriate, obscene, unlawful or otherwise deplorable featured on VIRALKISS®. We are not responsible for the conduct, whether online or offline, of any VIRALKISS® platform user.
•We strive to keep VIRALKISS® updated, error-free and safe, but you agree to use it at your own risk. VIRALKISS® is provided as is, without warranty either expressed or implied, including, by way of example and without limitation, the implied warranties of marketability, suitability for a particular purpose and non-infringement. We cannot guarantee that VIRALKISS® will always be secure or error-free or that it will always work without interruptions, delays or imperfections. The Non-Profit Association for Social Development "LEZIONI DI BACIO" is not responsible for any actions, content, information or third-party data, therefore, we, our directors, officers, staff and agents are hereby relieved of any claims or damages, known or unknown, arising out of or related to any complaints directed against such third parties.
15. PROVISIONS APPLICABLE TO USERS OF THE GLOBAL COMMUNITY:
Like other organizations, LEZIONI DI BACIO through "VIRALKISS®" seeks to create a global community with consistent standards for everyone, and is committed to comply with local laws. However being a global platform, users must be aware and accept that their personal information will be transferred and processed in Italy.
•The term "VIRALKISS®" or "VIRALKISS® Services" means a set of functions and services made available to users via the VIRALKISS® Application for Apple and Android devices and networks which are either existing or under development;
•The term "information" means data and other information about you, including actions performed by users and non-users who interact with VIRALKISS®;
•The term "content" refers to the content that users post, provide or share using VIRALKISS®;
•The term "data" or "user's data" means all types of data, including the content and the information that the user or third parties can retrieve from VIRALKISS® or provide VIRALKISS® through the platform;
•The term "post" means the action of publishing content on the WALL, on the VIRALKISS® BACIOBOX or make an element available via VIRALKISS®;
•The term "use" means the following: use, copy, publicly perform or display, distribute, modify, translate, and create derivative works.
•This document is an agreement between you and the Non-Profit Association for Social Development "LEZIONI DI BACIO". All references to "we", "us" and "our" indicate the Non-Profit Association for Social Development "LEZIONI DI BACIO";
•This document constitutes the agreement between the parties relating to the use of the VIRALKISS® platform and supersedes any prior agreements;
•If part of this document proves to be unenforceable, the rest of the document shall remain valid and continue to be enforceable;
•Failure to enforce any part of this document does not in any way constitute a waiver;
•Any amendment or waiver of this document must be submitted in writing and signed by the Non-Profit Association for Social Development "LEZIONI DI BACIO";
•You may not transfer any of your rights or obligations specified in this document without the consent of the Non-Profit Association for Social Development "LEZIONI DI BACIO";
•All VIRALKISS® platform rights and obligations specified herein may be freely assigned by the Non-Profit Association for Social Development "LEZIONI DI BACIO" in the event of an acquisition or sale of assets, or by operation of law or other transaction, in accordance with the purposes of the same;
•None of the provisions within document shall prevent the Non-Profit Association for Social Development "LEZIONI DI BACIO" from complying with the law;
•This document does not confer any third party beneficiary rights;
•We reserve all rights not expressly granted to the user;
•You agree to comply with all applicable laws each time you use or access the VIRALKISS® platform.
DISCLAIMER: Viralkiss APP is the official APP of the Non-Profit Association for Social Development "Lezioni di Bacio". According to its Statute and Articles the Association might decide to run Social Awards directed exclusively to its Members as allowed by Italian Law. Apple Inc. is not involved at any level in this program and it is not a sponsor as provided by the Apple Inc. Legal Policy - 5.3.2. GAMBLING, GAMING, AND LOTTERIES.
The Association "LEZIONI DI BACIO" for VIRALKISS® 2016