ItaliaCamp Terms Of Service
THE TERMS APPLYING TO THE USE OF ItaliaCamp SERVICES ARE DESCRIBED BELOW. THE USE OF THE SITE https://italiacamp.com CONSTITUTES AN ACCEPTANCE OF A CONTRACT, BASED ON THESE TERMS OF SERVICE, WITH ItaliaCamp SRL. IF YOU DON’T ACCEPT THE FOLLOWING TERMS OF SERVICE, YOU CANNOT USE THE SITE https://italiacamp.com. ItaliaCamp SRL RESERVES THE RIGHT TO UPDATE THESE SERVICE TERMS AT ANY TIME BY PUBLISHING AN UPDATED VERSION ON THE SITE.
LAST UPDATE: October 2019
1. Your dealings with ItaliaCamp
1.1. Your use of products, software, services and websites which belong to ItaliaCamp (to which it refers, herein collectively as the “Services” and excluding any service provided to you by ItaliaCamp in accordance with a separate written agreement) is subject to the terms of the binding contract between you and ItaliaCamp. The name “ItaliaCamp” indicates ItaliaCamp S.r.l..
This document explains how the agreement is formed and establishes the terms of the same.
1.2. Unless otherwise agreed in writing with ItaliaCamp, your contract with ItaliaCamp will always include, as a minimum, the terms and conditions contained in this document. Consequently, reference will be made to these terms as “Universal Terms”.
1.3 Your contract with ItaliaCamp will also include the terms of any Legal Notice applicable to the Services, in addition to the Universal Terms. Accordingly, reference will be made to these terms as “Additional Terms”. If the Additional Terms apply to a Service, they will be available to you for reading within, or through your use of, this Service.
1.4 Universal Terms, together with Additional Terms, form a legally binding contract between you and ItaliaCamp concerning your use of the Services. To take sufficient time to read them carefully is important. Overall, reference will be made to this contract, with legal value, as the “Terms”.
1.5 In the event of any contradiction between the provisions of Additional Terms and the provisions of Universal Terms, in relation to that Service shall prevail Additional Terms.
2. Acceptance of the Terms
2.1 To use the Services, you must first accept the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms:
(A) by clicking to accept or agree to the Terms, where ItaliaCamp makes this option available in the user interface for any Service; or
(B) through the use of the Services. In this case, you acknowledge and agree that ItaliaCamp will consider your use of the Services as acceptance of the Terms from then on.
2.3 You may not use the Services and you cannot accept the Terms if (a) you are not of legal age to form a binding contract with ItaliaCamp, or (b) if you are legally prohibited from receiving the Services according to the Italian or other State laws including the State in which you are resident or from which you use the Services.
2.4 Before continuing, you should print or save a copy of the Universal Terms for your archives.
3. Language in which the terms are translated
3.1 In the event ItaliaCamp has provided you with a translation of the Italian language version of the Terms, you accept that the translation is provided only for your convenience and that the Italian version of the Terms will govern your dealing with ItaliaCamp.
3.2 In the event of any contradictions between what is established in the Italian version and what is established in a translation of the Terms, the Italian version shall prevail.
4. Provision of Services by ItaliaCamp
4.1 ItaliaCamp may provide Services to you through third party companies on behalf of ItaliaCamp itself. You acknowledge and agree that third parties will have the right to provide you with the Services.
4.2 ItaliaCamp constantly tries to innovate to offer the best possible experience to its users. You acknowledge and agree that the form and nature of the Services that ItaliaCamp provides you may vary from time to time without you being notified in advance.
4.3 As part of this continuous innovation, you acknowledge and agree that ItaliaCamp may interrupt (permanently or temporarily) the provision of the Services (or any part of the Services) to you or more generally to users in the sole discretion of ItaliaCamp, without you be notified in advance. You can cease using the Services at anytime. You don’t need to specifically inform ItaliaCamp when you finish using the Services.
4.4 You acknowledge and agree that if ItaliaCamp disables access to your account, the access to the Services, your account details or any file or other Content that is included in your account may be prohibited to you.
4.5 You acknowledge and agree that while ItaliaCamp may currently not have established a fixed maximum limit to the Services, such maximum limits may be set by ItaliaCamp at anytime, at the sole discretion of ItaliaCamp.
4.6 One of the Services you can access from your personal area, following registration, is the “your ideas” section where, as creator, you can upload your ideas either in response to a “Call for Ideas” or in spontaneous way on your part.
4.7 Each Call for Ideas is characterized by its own internal regulation / guidelines that govern the type of participants, the evaluation method and the evaluators, the issues and the information gathered. Participation in a Call for Ideas represents the acceptance of the terms of the internal regulation / guidelines of the Call specification, including the attestation of being in possession of the participation requisites provided for by the regulation / guidelines themselves, continuing to apply all the terms indicated in these terms of service.
4.8 The visualization of the abstract of the ideas uploaded and of the Contents of the site could also be allowed to unregistered users, while it is necessary to register on the site for the uploading of ideas and to participate in the Call For Ideas.
5. Use of the Services
5.1 In order to access to certain Services, you may be required to provide personal information (such as identification or contact details) as part of the registration process for the Service, or as part of your continuous use of the Services. You guarantee that any registration information you give to ItaliaCamp will always be complete, accurate and up-to-date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law or regulation or practice or guideline generally accepted in the relevant jurisdictions.
5.3 You agree that you will not have access to (or attempt to access) any of the Services by any means other than the interface that is provided by ItaliaCamp, unless you have been specifically authorized to do so in a separate contract with ItaliaCamp.
5.4 You agree not to be engaged in any activity that interferes with or interrupts the Services (or the servers and networks that are connected to the Services).
5.5 If you have not been specifically authorized to do so in a separate contract with ItaliaCamp, you agree not to reproduce, duplicate, copy, sell, commercialize or resell the Services for any reason.
5.6 Particularly, if you have been identified by ItaliaCamp as authorized to access certain particular Services (e.g. online assessment tools, Dashboard), you agree not to disclose and keep strictly confidential the Confidential Information referred to ItaliaCamp and to its projects that you will learn about through the portal Services (such as for example but not limited to documents, presentations, information and personal data about the creators, about the projects ….). Furthermore, subject to the prior consent of ItaliaCamp, to be formalized in writing, you agree not to contact, directly or indirectly, the owners of the projects, nor to propose, directly or indirectly, independently and without ItaliaCamp being involved, Services, investment/financing opportunities or other business opportunities as well as you agree not to enter into direct negotiations with regard to Projects and to Final Customers and having rights thereon, in relation to the Projects, referred to assessment activity, or through the use of the Dashboard, belonging to the ItaliaCamp network and/or in any case reported by ItaliaCamp, or of which you have come to know, directly or indirectly, through ItaliaCamp itself, or its initiatives and activities. You also undertake to promptly inform ItaliaCamp if you should receive requests for service and/or advice and/or assistance of any nature from the creators, proposers, or any party entitled to the same Projects.
5.7 In the event that, entering the personal area, you proceed to insert one or more ideas/projects, with reference to the same, you undertake to inform ItaliaCamp and not to contact, directly or indirectly, and without the prior consent of ItaliaCamp itself, any third parties, interested in the ideas/projects, with which you came into contact through ItaliaCamp. Furthermore, again with reference to third parties with whom you have come into contact through ItaliaCamp and to the ideas/projects included in this portal, you undertake not to negotiate and/or accept, without ItaliaCamp being involved, offers for services and/or for advice and/or for assistance, investment/financing opportunities or other business opportunities of any kind (including but not limited to commercial agreements, pilot agreements, etc) as well as not to enter into direct negotiations, in relation to the project/projects and to the idea/ideas you entered or, more generally, not to enter into direct negotiations in relation to contact requests for purposes of any kind. In addition, in the event that following the initiatives and activities of ItaliaCamp should derive opportunities to enhance the project/ideas you have entered in this portal, by third parties belonging to the ItaliaCamp network (by way of example and not exhaustive investment, financing, commercial agreements, pilot agreements, etc), ItaliaCamp may request, following the formalisation of the opportunity, the signing of a separate agreement to regulate the performed activity, the terms of which will be subject to separate negotiation between the parties.
5.8 You agree to be solely responsible for (and that ItaliaCamp has no liability to you or to any third party) any breach of your obligations under the Terms and for consequences (including any loss or damage that ItaliaCamp may suffer) of any violation.
6. Account registration
6.1 In order to use the Services offered by ItaliaCamp on its website, it is necessary to register and create an account.
6.2 It is possible to register on the ItaliaCamp website in two ways, as a simple user and as a member of the ItaliaCamp association. In this second case, the registration is bound to the positive opinion expressed by the Association’s National Governing Board as established by its Articles of Associations themselves; registration as a member is also bound to the payment of a minimum registration fee, the payment of which can only be made following acceptance of the application by the National Governing Board.
6.3 Registration can be made directly through the site or by logging into your account of certain third-party social network sites (for example Facebook); As an integral part of the Website’s functionality, you can link your ItaliaCamp account to third-party accounts, allowing ItaliaCamp to access your Third-Party account, in accordance with what is permitted under the applicable terms and conditions governing use of each of these Third Party Accounts.
6.4 You declare that you have the right to disclose your access data to the Third Party Account, to ItaliaCamp and/or to allow ItaliaCamp access to your Third Party Account (including, by way of example, Facebook) for an use according to the herein described purposes, without violating any of the terms and conditions governing the use of the applicable Third Party Account, and without forcing ItaliaCamp to pay any commission, or without making ItaliaCamp subject to any usage limit imposed by such supplier of third-party services.
6.5 By allowing ItaliaCamp access to any Third Party Account, you understand that ItaliaCamp will access, make available and store (if applicable) any Content provided and stored in your third party account so that it is available through the site, through your ItaliaCamp account, and through the ItaliaCamp account profile page. Unless otherwise specified in these Terms, all third-party account Content, where they exist, will be considered member Content for all purposes of these Terms. Depending on the Third-Party Accounts chosen by you, and subject to the privacy settings selected in these Third Party Accounts, the personally identifiable information published in these Third Party Accounts will be available on and through your ItaliaCamp Account on the site. Please note that should a Third-Party Account or an associated service become unavailable, or ItaliaCamp’s access to such Third Party Account be terminated by the third party service provider, the Third Party Content will no longer be available on and through the Site, the Services and the Application.
6.6 You have the right to disable the connection between your ItaliaCamp account and the Third Party Accounts at any time by accessing the “Settings” section of the Website. Please note that your relationships with third-party service providers associated to third-party accounts are governed exclusively by your agreements with such third-party service providers. ItaliaCamp makes no effort to analyse any third-party Content for any reason, including, but not limited to, the accuracy, legality or non-violation of the same and ItaliaCamp is not responsible for any third party Content.
6.7 In order for you to be able to use the site, we will create an ItaliaCamp Account and a profile page for your ItaliaCamp Account, based on the personal information you provide us or that we will obtain through a third-party service, as previously indicated. You may not have more than one (1) active ItaliaCamp Account.
6.8 You agree to provide accurate, complete and current data during the registration process and to update such data in order to keep them accurate, current and complete. ItaliaCamp reserves the right to suspend or terminate your ItaliaCamp Account and access to the site and Services in the event that you have to create more than one (1) ItaliaCamp Account or in the event that any information provided during the registration process or subsequently should prove to be inaccurate, outdated or incomplete.
7. Security of your passwords and account
7.1 You acknowledge and agree to be responsible for maintaining the confidentiality of the passwords associated with any account you use to access the Services.
7.2 You will immediately notify ItaliaCamp of any unauthorized use of your ItaliaCamp Account.
7.3 Accordingly, you agree to be solely responsible to ItaliaCamp for all activities that occur on your account.
8. Privacy and personal information
8.2 You agree to the use of your data in accordance with ItaliaCamp’s privacy policies, by express statement of your consent as required upon registration on the ItaliaCamp portal.
8.3 You are responsible for the truthfulness of the information provided in each section of the ItaliaCamp portal.
8.4 You are the autonomous data Holder of the personal data referred to or referable to third parties (e.g. the Team in the “uploading idea” section) and in this quality you guarantee that you have given suitable information to these subjects and that you have collected and obtained consent to publication of their personal data on the ItaliaCamp portal.
8.5 It is in any case forbidden to enter, upload and publish sensitive data and/or other special categories of data (eg judicial data) referring to You or third parties.
9. Content within Services
9.1 You acknowledge that all information (such as data files, written texts, computer software, music, audio files or other sounds, pictures, videos or other images) that you can access as part of, or through your use of , Services are the sole responsibility of the person from whom this Content is derived. All such information is referred to below as “Content”.
9.2 You should be aware of the fact that the Content, which is presented to you as part of the Services, including, by way of example only, all you can see in the advertisements on the Services and all is advertised to you within the Services, may be protected by the rights of intellectual property held by advertisers that provide the Content to ItaliaCamp (or other people or companies on their behalf). You may not modify, rent, grant in use, loan, sell, distribute or create derivative works based on this Content (either wholly or in part) unless you are specifically told that you must do so by ItaliaCamp or by the owners of that Content, in a separate contract.
9.3 ItaliaCamp reserves the right (but has no obligation) to preview, review, report, filter, modify, refuse or remove all or part of the Content of any Service.
9.4 You acknowledge that by using the Services you may be exposed to Content that you may find offensive, indecent or not to your liking and that, in reference to this, you use the Services at your own risk.
9.5 You agree that you are solely responsible for (and that ItaliaCamp has no responsibility towards you and towards third parties for) any Content you create, transmit or display while you use the Services and as a result of your actions (including any loss or damage which ItaliaCamp could suffer) by acting in this way.
10. Ownership Rights
10.1 You acknowledge and agree that ItaliaCamp (or licensees of ItaliaCamp) possesses all legal rights, titles and interests on and in relation to the Services, including any intellectual property rights related to the Services that may exist (whether those rights are to be registered or not, and whether those rights can exist in the world). You also acknowledge that the Services may contain information that is classified as confidential by ItaliaCamp and that you will not disclose such information without the prior written consent of ItaliaCamp.
10.2 Unless otherwise agreed in writing with ItaliaCamp, nothing in the Terms gives you the right to use any of ItaliaCamp’s trade names, trademarks, service marks, logos, domain names and other distinctive brand signs.
10.3 If you have been granted an explicit right to use any of these trademark signs in a separate written contract with ItaliaCamp, then you agree that your use of such characters will be in accordance with that contract, with any applicable provision of the Terms, and with the guidelines about the use of the distinctive signs of the ItaliaCamp brand as updated from time to time.
10.4 Unlike the limited license provided for in Articles 10 and 12, ItaliaCamp acknowledges and agrees not to obtain any right, title or interest from you (or from your licensees) pursuant to these Terms in or to the Content that you submit, send, transmit or display on or through the Services, including any intellectual property rights that subsist on that Content (whether those rights are to be recorded or not, and whether those rights may exist in the world). Unless otherwise agreed in writing with ItaliaCamp, you agree that you are the sole responsible for protecting and enforcing those rights and that ItaliaCamp has no obligation to act this way on your behalf.
10.5 You agree not to remove, obscure or alter any proprietary information (including copyright and trademark information) that may be posted or contained in the Services.
10.6 If you have not been expressly authorized in writing by ItaliaCamp to act in this way, you agree that in using the Services you will not use any trademark, service mark, trade name or logo of any company or organisation in a way that can or intends to cause confusion with reference to the owner or authorised user of such trademarks, names or logos.
11. Copyright and intellectual property rights about your Content
11.1 You hold the copyright and any other intellectual property rights that you already have on the Content that you transmit or send through the Services.
11.2 By accepting the terms and sending or transmitting the Content you assign ItaliaCamp the right for ItaliaCamp to make accessible and / or viewable such Content (or part of it) to other companies, organisations or individuals with whom ItaliaCamp has relationships, in accordance with the terms and conditions of the Service offered by ItaliaCamp that you declare to know and accept.
11.3 You acknowledge that ItaliaCamp, in performing the technical procedures required to provide Services to its users, may (a) transmit or distribute your Content (or part of it) on various public networks and by different means, in respect of the discretion and confidentiality of the Content provided; and (b) make changes exclusively of a technical-IT nature to your Content (or part of it) as necessary to conform and adapt that Content to the technical requirements of connection networks, devices, services or tools.
11.4 You may request ItalyCamp in a separate agreement to define the methods and any additional conditions relating to the provisions of the previous articles 11.2 and 11.3.
12. End of your partnership with ItaliaCamp
12.1 Terms will continue to apply as long as the contract is not terminated by you or ItaliaCamp as set forth below.
12.2 If you want to terminate your contract with ItaliaCamp, you can act in these ways: (a) by communicating this to ItaliaCamp at any time or (b) closing your accounts for all the Services you use, where ItaliaCamp has made this option available to you. Your communication must be sent in writing to ItaliaCamp, to the ItaliaCamp address specified at the beginning of these Terms.
12.3 ItaliaCamp may at any time terminate the contract with you if:
(A) you have breach any provision of the Terms (or have acted in a way that clearly shows that you do not understand or are unable to comply with the provisions of the Terms); or
(B) ItaliaCamp must behave in this way by law (for example, in the event that the supply of the Services to you is, or becomes, illegal); or
(C) the partner with whom ItaliaCamp has offered you the Services has terminated its relationship with ItaliaCamp or has ceased to offer the Services to ItaliaCamp; or
(D) ItaliaCamp is transacting to no longer provide Services to users in the country where you are resident or from which you use the Service; or
(E) the supply of the Services to you by ItaliaCamp is, according to ItaliaCamp, no longer commercially viable.
12.4 Nothing in this Section will affect the rights of ItaliaCamp in relation to the supply of Services pursuant to Article 4 of these Terms.
13. Exclusion of Warranties
13.1 Services are supplied “as is” (in the state of fact and law in which they are) and ItaliaCamp and its licensees do not offer any guarantee with reference to them.
13.2 Particularly, ItaliaCamp and its licensees do not ensure and do not declare that:
(A) Your use of the Services will resolve your needs,
(B your use of the Services will be uninterrupted, punctual, secure or error-free,
(C) any information obtained by you as a result of your use of the Services will be correct or reliable, and
(D) lacks of working or functionality of any Service provided to you as part of the Services will be repaired.
13.3 No conditions, warranties or other terms (including any implied terms of satisfactory warranty, suitability for a purpose or compliance with the description) apply to the Services except to the extent that they are expressly set out in the Terms.
13.4 Nothing in Terms will affect those rights set by the law to which you are always entitled as a customer and which you cannot contractually agree to alter or renounce.
14. Limitation of Liability
14.1 Nothing in these Terms will exclude or limit ItaliaCamp’s liability for losses that cannot be lawfully excluded or limited by applicable law.
14.2 Without prejudice to the general State in paragraph 14.1 aforementioned, ItaliaCamp and its licensees will not be liable to you (and other third parties) for:
(A) any indirect or consequential loss that you may suffer. This will include any loss of profit (whether directly or indirectly), any loss of goodwill or commercial reputation, or any loss of data you have suffered;
(B) any loss or damage you may suffer as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any advertising or transaction between you and any advertiser or sponsor whose advertising appears on the Services;
(ii) any change that ItaliaCamp may make to the Services, or for any permanent or temporary termination in the supply of the Services (or any part of the Services);
(iii) the deletion of, corruption of, or failure to deposit any Content or other data communications maintained or transmitted by or through your use of the Services
(iv) your failure in providing ItaliaCamp with the exact information on the account and on the projects eventually uploaded to the portal or, in providing Content that is offensive or generally damaging to any third-party right, or, in the case of participation in a Call for Ideas referred to in point 6.2, for any violation of the terms and conditions provided for in the regulation/guidelines of the specific call and/or in relation to the statements made at the time of acceptance of the terms and conditions referred to in the regulation/guidelines;
(v) your failure to keep your password or account details secure and confidential;
14.3 The limitations of ItaliaCamp’s liability to you as provided in paragraph 14.2 aforementioned will apply whether ItaliaCamp has been notified or not or should have been aware of the possibility of any loss.
15.1 Some of the Services are financed by advertisements and can display advertisements and promotions. These advertisements may have as their object the Content of information stored in the Services, questions asked through the Services or other information.
15.2 The manner, the way and extent of advertising by ItaliaCamp on the Services are subject to change without specific communication to you.
15.3 In exchange for the granting by ItaliaCamp of accessing and using the Services, you accept that ItaliaCamp may place such advertising on Services.
16. Other Content
16.1 The Services may include hyperlinks to other websites or Content or resources. ItaliaCamp may not have control over any website or resource that is provided to you by companies or people other than ItaliaCamp.
16.2 You acknowledge and agree that ItaliaCamp is not responsible for the availability of certain external sites or resources, and does not approve any advertising, product or other material on, or available through, such websites or resources.
16.3 You acknowledge and agree that ItaliaCamp is not responsible for any loss or damage that you may suffer as a result of the availability of those sites or external resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, product or other material on, or available through, such websites or resources.
17. Changes to the Terms
17.1 ItaliaCamp may periodically make changes to the Universal Terms or to Additional Terms. When such changes are made, ItaliaCamp will make a new copy of the Universal Terms available on the website https://www.italiacamp.com and any new Additional Terms will be make available to you by or through the concerned Services.
17.2 You acknowledge and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, ItaliaCamp will consider your use an acceptance of the updated Universal Terms and of the updated Additional Terms.
18. General legal terms
18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a Service or download a software part, or purchase goods, which are provided to you by another person or company. Your use of these other Services, software or assets may be subject to separate terms between you and the concerned company or person. In this case, the Terms will not affect your legal relationship with these other companies or individuals.
18.2 Terms constitute the entire contract between you and ItaliaCamp and govern your use of the Services (but excluding any Services that ItaliaCamp can provide you in a separate written contract), and completely replace any previous contract between you and ItaliaCamp in relation to the Services.
18.3 You agree that ItaliaCamp may provide you with communications, including communications regarding changes to the Terms, by electronic communication, by mail, or by sending you Services.
18.4 You agree that if ItaliaCamp does not exercise or execute any legal right or remedy contained in the Terms (or of which ItaliaCamp has the benefit under any applicable law), this will not be considered a formal waiver of ItaliaCamp’s rights and that those rights or remedies still will be available for ItaliaCamp.
18.5 If any court of a competent jurisdiction in this matter establishes that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and effective.
18.6 You acknowledge and agree that each subject connected to ItaliaCamp will be third beneficiary of the Terms and that such other subjects will have the right to directly execute, and to relate to, any provision of the Terms which confers a benefit to (or right in favour of) these. Apart from this, no other person or company will be the third beneficiary of the Terms.
18.7 The Terms and your relationship with ItaliaCamp based on the Terms, will be governed by Italian law. You and ItaliaCamp agree to submit to the exclusive jurisdiction of the court of Rome to resolve any legal dispute arising from the Terms. Nevertheless, you accept that ItaliaCamp is still authorized to request injunctions (or an equivalent type of emergency provision) in any jurisdiction.
18.8 You expressly declare, pursuant to articles 1341 and 1342 of the Italian Civil Code, to accept the clauses contained in articles 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18 of the present agreement.