GUIDELINES AND REGULATIONS OF NON-PROFIT ASSOCIATION FOR SOCIAL DEVELOPMENT
"LEZIONI DI BACIO"
The following regulations and guidelines contain the rules in force for the social activities of the Non-Profit Association for Social Development "LEZIONI DI BACIO", headquartered at Via Torino 56H, Mirano, Italy.
They are derived from and integrate the Statute, which remains the primary normative reference.
In these regulations and guidelines the word "Association" will be used to indicate the Non-Profit Association for Social Development "LEZIONI DI BACIO", headquartered at Via Torino 56H, Mirano, Italy.
Any future changes may be approved only by the Board of Directors and will be communicated to members in the manner provided below.
These regulations and guidelines are published on VIRALKISS®, the web platform used under exclusive license by the Association to carry out all of its activities.
Below in these guidelines and regulations, the word "Platform" will be used to designate VIRALKISS®.
APPLICATION OF A NEW MEMBER:
The Association is managed and carries out its statutory activities exclusively through the platform, and therefore, before activating the Membership Admission Request, aspiring users must register with the platform and accept its conditions.
Similarly, it is necessary to be a Member of the Association in order to become a platform user. Once registered on the platform, users are therefore required to activate the Membership Admission Request and finalise the submission before 28 days from platform registration.
THE PLATFORM MAY EFFECTUATE AN AUTOMATIC ACCOUNT LOCKOUT IF THE ADMISSION REQUEST IS REJECTED BY THE ASSOCIATION.
To register with the platform, users must read and accept:
• Terms and Conditions
• Code of Ethics
• Privacy Notice
By clicking on the button "Free Association" the user is registered with the platform and automatically directed to the Membership Application Form, which requires the entry of the following data:
• Name and Surname
• Date of Birth
• Email Address
In addition, aspiring Members must read and accept (when required):
• Guidelines & Regulations
• Privacy Disclaimer (optional)
The Application Form is the tool with which the platform user requests admission as a Member for the carrying out and achievement of the primary purposes of the Association.
By clicking on the button "Free Association," the Application Form is sent to the Board of Directors of the Association, which has the right to accept or reject it without the obligation of disclosing its motivations for doing so.
Within 28 days, aspiring Members must ensure that the Application Form sent to the Association Board of Directors has been regularised, with the entry of all data required by law on the SETTINGS page of the PROFILE:
• Place of birth
• Tax Code or the Social Security Number
• Residential Address
Only when the Board of Directors of the Association has all data required by law will they be able to process the Application Form and accept or reject the request of the aspiring Member.
Below is a summary of the steps to become a Member of the Association and a permanent part of the platform community.
The prospective Member must:
1. Download the VIRALKISS® APP from the APP STORE or PLAY STORE
3. Click on "Free Association"
4. Fill out the Application Form with their Name, Surname, Date of Birth, Email Address, and Gender
5. Read and accept the Association's Statute, Guidelines & Regulations, and Privacy Notice
6. Decide whether to accept the Privacy Disclaimer
7. Click on "Free Association" again
The platform sends an email to the prospective Member confirming intent, identity and contact information.
8. Click "Confirm" within the email
The platform sends the prospective Member a Temporary Password to log on for the first time.
9. Enter the Temporary Password in the platform's Member Access Area
10. Click "Enter"
11. Enter the Profile Area
12. Click "Settings," the cog-shaped button at the top right of the screen
13. Enter the data required by law (Place of Birth, Tax Code or SSN, Residential Address).
From the Association email address, the platform then sends the prospective Member confirmation of acceptance of the Application Form and the possibility to:
- Continue navigating the platform
- Access the Association Area, with its relevant voting power
ATTENTION: If the aspiring Member enters the platform but does not conclude the Association process with the actions listed at points 11, 12, and 13 of this paragraph within 28 days, the Application cannot be accepted by the Board and their platform account will automatically be closed.
The platform sends 3 messages (on the 7th, 21st, and 28th days from submission of the Application Form) to warn of approaching account closure, plus one warning of permanent closure. Those whose accounts have been blocked will be given the option to activate a new request for admission. These must be sent directly to the Association's inbox ( firstname.lastname@example.org ) and include all information required by law (name, surname, date and place of birth, gender, tax code or SSN, and address). The Association with evaluate the authenticity of the new application and activate the platform account.
The Association's Guidelines & Regulations and Statute are always available on the platform.
Registration on the platform is valid indefinitely but Membership status must be renewed each year.
All Members will be entitled to participate in Association activities through the platform.
Membership with the Association is free and voluntary, but requires observance of the decisions made by its Governing Bodies in accordance with its statutory powers, and proper conduct in both internal relations with other members or those with third parties. Members shall have equal voting rights in statutory approval and modifications of the regulations, as well as in the appointment of governing bodies as per the statute. The number of members is unlimited. Temporary participation in the Association is excluded. Members are not entitled to any honorarium, except for the reimbursement of expenses effectively incurred and duly documented in the carrying out of activities decided by the Board of Directors.
Members have the right to participate without cost in the activities of the Association. To cover the costs of certain initiatives planned and promoted by the Association, special fundraising fees may be asked only of the members interested. Upon his/her annual registration, the member volunteers express acceptance of the association's specific form of governance, as defined in the Statute and Regulations. Foreign individuals may also be members.
Starting from the date on which the Treasurer registers the prospective Member in the platform's Register of associates, she/he is considered a Member in all respects and with all the rights and obligations thereof.
TERMINATION OF MEMBERSHIP STATUS
Membership will be lost upon failure to renew status as such, dismissal or expulsion for reasons related to conduct contrary to the spirit and purpose of the Association, conduct that is morally or materially damaging or that cultivates discord therein, or conduct that offends the decorum or honor of other individual members or the administrators.
The Association's Board of Directors reserves the right to any time unilaterally revoke membership eligibility without obligation to disclose its motivations for doing so.
Members whose participation in the Association is discontinued for any reason lose all claims to its assets and any dues paid.
As being a Member of the Association is a prerequisite to becoming a platform user and vice versa, account elimination intrinsically results in the Member's resignation from the Association.
To delete a platform Account or leave the Association, the Partner must:
1. Click "Delete Account" on the Settings page in the platform's Profile Area
A notification will pop up automatically confirming the request.
2. Click on "YES, I Want to Delete My Account" within the notification
You will be taken to an electronic form, "Account Cancellation and Member Resignation Request".
3. Fill out the required form with your first name, last name, date of birth, Tax Code or SSN, and email address.
4. Enter your primary reason in the drop-down menu and give your reasons for requesting resignation and account deletion in the designated field in the form
5. Click "Next" Request Account Cancellation and Member Resignation
From the Association email address, the platform will send 2 messages to the Member who submitted the form. The first confirms receipt of the Request Account Cancellation and Member Resignation Form by the Association, while the second confirms when resignation is accepted and when the Account of the platform has been closed.
ATTENTION: The Account Cancellation and Member Resignation Request Form must be filled out accurately and completely.
Resigning Members whose accounts have been blocked have the option to activate a new request for admission. This must be sent directly to the Association's inbox (email@example.com) and include all information required by law (name, surname, date and place of birth, gender, tax code or SSN, and address).
The beginning and end of the period of association are always accessible in the Membership Status of the status.
MINORS - CHILDREN
For the time being, the Association has decided to exclude minors from registering on the platform and utilizing its Services, although the Association believes that minors (with exclusive reference to individuals between 13 and 18 years of age) are amply capable of acting in a conscious way and that a minor under 16 years of age may perform legal acts, including membership with associations that involve the payment of registration fees, provided that the acts performed are monetarily modest.
As for the possibility of granting minors, within the assembly of Members, the right to vote, on the basis of our above expressed position, it is deemed that such a right may not be exercised by a minor.
Given the high social relevance of the issues dealt with by the Association, the possibility of the platform being opened to minors is not ruled out for the near future (Association without the signature of a legal guardian for, the age range of 13 to 18 years, with voting powers from 16 years on).
Registration on the platform by a minor is blocked as of now. The block is communicated immediately via a notification during the registration process. The aspiring Member cannot proceed with the application form if he/she has less than 18 years old.
Within the platform, Members can connect and share personal content with one another. The content that is shared may portray minors only if the user sharing it declares that s/he has parental authority or legal guardianship over the minor (Minor Warning), which can only be done by declaring that the content shared is in line with the ethical principles of the Association and those of the platform (Assumption of Responsibility through the Responsibility Disclaimer).
REGISTRATION OF LEGAL PERSONS
Legal persons may not join the Association.
TYPES OF MEMBERSHIP
There are several different types of members:
Founders: are founding members who participated in the founding of the Association by signing the memorandum of association and are entitled to object to the nominations for Directorship. They pay an annual fee, established by the Board of Directors.
Ordinary Members: They pay the annual fee, established by the Board of Directors. They must be at least 18 years of age, and have voting and candidacy rights. They can receive awards conferred by the Board.
ANNUAL MEMBERSHIP FEE
There is no fee for the first year for new members. The Board of Directors determines fees on a year-to-year basis in order to achieve its statutory objectives.
The membership dues must be paid by all members renewing their membership before the end of each year, via transfer to the bank account of the Association on the platform. Cash payments are not preferred.
The amount of the membership dues is decided by the Board of Directors and may change from year to year. The amount of the annual membership fee is published in the Communication Section of the platform and can always be accessed in the Membership Status Section.
MEETING TYPES AND DECISION-MAKING
Meetings will be differentiated as one of two categories: Partner Meeting (which involves all members and the goal of which is to approve the budget and annual activity schedule), and Director Meetings (involving all members on the Board of Directors, with the goal of making decisions of organizational and activity-related concern).
At the Meeting of Members, each member has the right to vote. The resolutions of the assembly on first call are made through the platform by a majority of votes and with the presence of at least half of the membership. For technical reasons, voting by proxy on the platform is not allowed. In the event that a Partner wishes to delegate their vote, s/he should contact the Association, which will handle the case separately.
Resolutions voted by a majority at second call are valid regardless of the number of participants. In the count of the majority vote, non-voting members are not taken into account. At Director meetings resolutions are passed by an absolute majority.
In the event that the annual activity schedule or annual budget are not approved, further Partner meetings are convened until approval is reached.
The dissolution of the Association may take place with a majority of opinion on the part of the Board members and without the input of all Members.
The meeting is presided over by the Chairperson of the Association, via the platform, or, in his absence, by the Vice-Chairperson.
The functions of Secretary is performed by the Secretary of the Association. The meeting reports are prepared by the Secretary and signed by the Chairperson and the Secretary him- or herself. The decisions made by the assembly, ordinary or extraordinary, are binding for all members, dissenting, absent or otherwise.
Each Member is entitled to consult the project report prepared by the Secretary and signed by the Chairperson.
All reports and voting results will be published and available on the platform.
HOW TO VOTE
Voting takes place in the designated section of the platform, which is the only provided voting channel.
In the designated section, the Chairperson puts forth the text to be voted on, and it will remain available for the duration of the vote.
When a Partner casts a vote, his/her part in the voting is concluded and voting will continue for Members who have not yet voted.
The voting period will come to a close when the time provided for all Members has ended.
At the end of voting, the platform proceeds to count the votes, determining and reporting the outcome.
The voting process for Partner meetings is to follow the rules below:
1. The list of topics to be voted on by the Partner meeting, whether ordinary or extraordinary, as well as the agenda, are to be published in the "Partner Communications" section at least 7 days prior to the start of voting, and usually 15 days prior.
2. Voting is possible only for a limited time.
3. The subject matter of the vote at hand is always accessible during the voting period.
4. Through coloured controls (green, red, yellow) in the platform's voting area, the Member may cast his/her vote:
• Red Button: AGAINST (NO)
• Green Button: IN FAVOUR (YES)
• Yellow Button: ABSTAIN (I DECLINE VOTE)
5. A Member may vote on each topic only once.
6. Before voting, the Member chat may be consulted or contributed to, to discuss the content to be voted on (use of English is preferred and will become mandatory).
7. Vote totals are displayed on the counters.
Meeting records, signed by the Secretary and Chairperson, are published in the platform's “Member Communication” section and are accessible to members.
A copy of the record, signed by the Secretary and Chairperson, will be preserved in hard copy in an archive at Association headquarters.
COMPOSITION OF THE BOARD OF DIRECTORS
The Association is represented by the Board of Directors, which has the power to and does make decisions regarding organizational and other choices on behalf of the Association, while observing the sovereignty of the Statute and assembly of Members.
The Board is composed of a minimum of three people (Chairperson, Vice Chairperson, Secretary) and a maximum of five, elected every five years from among the Members, who have the right to candidacy as per statute.
The Association's Board of Directors has the right to dissolve the Association with a 2/3 majority vote from its members and may be decided on a year-to-year basis by the Chairperson.
The Board shall be convened by the Chairperson and when so requested by at least one of its members, and in any case at least once per year to deliberate on the fulfilment of the fundamental affairs of the Association.
The Board of Directors must:
1. Compile social activity schedules as set forth by the statute on the basis on guidelines approved by the assembly
2. Oversee the implementation of the meeting's resolutions
3. Compile plans for the use of the budget remainder, to be submitted to the assembly
4. Undersign all deeds and contracts of any kind related to social activities
5. Formulate the rules of procedure of the Association
6. Decide on the admission, suspension, removal, and expulsion of partners
7. Encourage the participation of members in the activities of the Association
The Chairperson is the only individual who may to represent the Association, and handles relations with other private and public associations and organizations. S/he has signatory power in all operations of a banking, sale, or other nature in the name and on behalf of the Association, and presides over the Partner meeting and exercises all functions demanded of him/her by the assembly. In case of absence or incapacity of the Chairperson, all his/her duties are vested in the Secretary or another appointed member of the Board of Directors. The Chairperson may be remunerated by the Association for their administrative and management activities.
The Secretary assumes all functions of the Chairperson in the event of his/her absence or incapacity. Should the Chairperson be unable to perform or delegate his/her functions due to serious illness or death, the Secretary will hold a Board meeting to elect a new Chairperson.
The Secretary works in collaboration with the Chairperson and effectuates the resolutions of the Board. S/he contributes to the preparation of the Partner and Director meeting reports and updates the Partner Register. S/he sees to the publishing of convocations for the Partner and Director meetings.
The Treasurer handles the collection of revenue and payment of expenses; s/he sees to the keeping of accounting records and anything else inherent to the financial administration of the Association, availing him/herself of any necessary assistance from a professional accountant.
The Treasurer collaborates on the preparation of Partner and Director meetings and the updating of the Partner Register, and on the publication of convocations for Partner and Director meetings.
Members are not entitled to any honorarium, except for the reimbursement of expenses effectively incurred and duly documented in the carrying out of activities decided by the Board of Directors. Costs incurred by members in the carrying out of their functions must be authorised in advance by the Board. All expenses directed by the Board can be reimbursed; for this to happen, the following documentation must be provided by the requesting partner:
- Receipts, tax receipts, and invoices (made out to the Association "LEZIONI DI BACIO");
- Airline, bus, and train tickets;
- Highway tolls, fuel.
In order for expenses to be reimbursed, those entitled to it must present the expense claim form (prepared by the Board of Directors) to the Board, along with any tax receipts or invoices, made out to the Association, as well as the necessary documentation. The expense claim form and all attachments will be held, for the time required by law, by the Treasurer, for the annual report and all necessary verification.
Any disputes that may arise between the rights holders and the Board of Directors will be discussed by the Board.
The Association reserves the right to enter into sponsorship agreements with companies and public or private entities, for occasional events or continuously. The sum of donations, received in exchange for advertising space (physical or virtual) during events and demonstrations, or exhibition space on the platform sponsored by the Association, will be negotiated on a case-by-case basis by the Board.
The Activity Schedule is drawn up by the Board of Directors and presented during Partner meetings. The Activity Schedule contains a list of initiatives, projects, events, and collaborations to be realised throughout the year.
The schedule is not inflexible; the activities it contains may be supplemented and changed throughout the year.
The primary means of communication with members, including convocation for meetings, is the designated section on the platform, which plays the role of a bulletin board.
The web platform (APP) is the primary means with which the Association acts, spreads its action, recruits, keeps in contact with, and allows Partners to interact.
The Board of Directors or members appropriately appointed by it will see to the management and updating of platform contents.
Some of the content on the platform is the exclusive property of the Association: in particular, all content protected by copyright, the use of which may happen in accordance with the laws in force and only on the part of registered Members, and which may never be copied, modified, transferred or used in any other environment.
The platform (Website & APP) is not the property of the Association, therefore through a suitable licensing agreement its use is provided for exclusively. The license agreement is renewed annually and the fee may vary according to market conditions.
The Board manages the platform's media tools, has their passwords, is the administrator of these tools, and moderates their contents and discussions.
The Board may manage the allocation of paid product and service advertising space on the platform to advertisers interested in publishing ads and other content in line with the aims of the Association. It is clear that the revenue generated by these activities will be used for non-profit purposes and solely for the pursuit of the goals of the Association.
PERSONAL DATA HANDLING
The register of associates is held in compliance with current in-force regulations on the handling and protection of personal data (Italian Legislative Decree 196/03). The data controller is the Association, through its legal representative, the Chairperson.
We handle the personal data of members, including those of a sensitive nature, which are necessary for the realization of the Association's tasks.
Data are handled in relation to institutional activity and the fulfilment of obligations incumbent on the Association.
Data will be handled for the entire duration of the Partner's membership to the Association and subsequently, for the fulfilment of legal obligations and administrative purposes.
Data is handled on the platform via suitable tools and procedures to ensure security and confidentiality, and with the use of electronic systems.
For some ad-hoc activities, we have provided a Privacy Disclaimer Form.
BANKING ACCOUNT OF THE ASSOCIATION
For the payment of membership fees, donations, and other contributions to the Association, its banking account, for which the necessary details are reported below, must be used.
Company Name: LEZIONI DI BACIO
Unicredit Bank AG Mirano (Venice Prov.), ITALY
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 firstname.lastname@example.org
•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