Issue 20th of May 2021
ART. 1 DEFINITIONS
- In these general terms and conditions, words used with a capital letter, whether singular or plural, shall have the meaning set forth below, unless a different meaning is expressly stated:
- “Subscription”: the subscription agreement to use the IN6SEC Services stipulated by the User in accordance with the specific terms and conditions set forth in Article 4;
- “Account”: the User profile, activated only after Registration and subsequently made accessible to the User, after entering the Credentials, for access to the User area of the IN6SEC Platform;
- “Updates”: enhancements and/or improvements and/or changes made to the Platform and/or the IN6SEC App;
- “IN6SEC App” or just “App”: the IN6SEC application through which the Provider makes available to Users the access to the IN6SEC Platform to use the IN6SEC Services;
- “Code of Conduct”: the document containing the description of the IN6SEC Services and the rules of conduct for the use of the IN6SEC Platform, specific to Users, as well as the general principles of conduct, adopted by the Provider and prescribed to Users, for compliance with the applicable laws and regulations (available on page http://in6sec.com/privacy-policy/);
- “General Terms and Conditions of Use” or just “General Terms and Conditions” or “GTCOU”: these General Terms and Conditions of Use for the access and use of the IN6SEC Platform by Users, which are deemed to be accepted upon User Registration;
- “Consumer”: the natural person who, in using the IN6SEC Platform, is acting for purposes unrelated to his or her entrepreneurial, commercial or professional activity, in accordance with the applicable local legislation protecting the Platform;
- “IN6SEC Contents” or just “Contents”: are the filming and the audio/video streams, data, comments, information, texts, music, photographs, messages and other materials or presentations realized by Users, also upon indication and remote instruction of other Users, through the filming Devices, in public places and/or private events, in compliance with the provisions of these General Terms and Conditions, of the Code of Conduct and of the Privacy Policy (available on page http://in6sec.com/privacy-policy/); Contents referring to public events of recreational, cultural, sporting, etc. nature, protected by third party property rights for the relative diffusion (with free or paid modalities) through transmission via internet or any other transmission, are excluded.
- “Credentials”: username and password, issued to the User during the Registration phase, which enable subsequent access to the Platform via Account; the Credentials are specific to the User’s access to his/her private area. The User can also access his/her own private area by authenticating himself/herself through the platform www.facebook.com, in this case the Credentials refer to the connected account;
- “Filming Device” or just “Device”: the webcam/camera/other audio/video device and all possible, present and/or future technological and media supports, none excluded (e.g., mobile phone, tablet, notebook, etc.) that the User owns or holds, in order to use the IN6SEC Services;
- “Provider”: Global Brain Srl, an Italian company that designs and manufactures technological solutions, which includes directors, managers, employees, agents, representatives, partners and any licensors; the Provider acts towards Users and for the purposes of these GTDU, also as owner, creator and proprietor of the IN6SEC Platform;
- “Gift Card”: the prize consisting of a gift voucher or gift card issued by the Provider in accordance with the criteria set out in art. 5 and usable to make purchases in the stores or platforms of its commercial partners;
- “Parties or Party”: the Provider and the User when called jointly or severally;
in compliance with the provisions of the Code of Conduct; - “IN6SEC Platform” or just “Platform”: the online platform for the realization, transmission and diffusion of the IN6SEC Services, free of charge for the basic version of the Services, fee-paying for further versions accessible via IN6SEC APP;
- “Registration”: registration of the User, with name, surname, email, password, for the creation of the Account and the issuance of Credentials, specific for access to the Platform;
- “IN6SEC Services” or just “Services”: the services rendered through the IN6SEC Platform globally understood in the basic version and paid versions consisting in the possibility to upload, transmit live, communicate in live streaming and/or broadcast, display and share Content by Users according to the provisions of the Code of Conduct, free of charge in the basic version and for consideration in further versions;
- “User”: the person who uses the IN6SEC Platform both to take advantage of its services and to upload content, following Registration, in accordance with the provisions of these General Terms and Conditions, the Code of Conduct and the Privacy Policy, available at the following http://in6sec.com/privacy-policy/
ART. 2 OBJECT AND SCOPE OF APPLICATION
- These general Terms and Conditions govern the access to and use of the APP, the Platform, the IN6SEC Services provided by the Provider to the Users, on a strictly private and personal basis and apply to the contractual relationships entered into between the Provider and the User.
- By accessing the APP and/or the Platform and clicking on the “accept” button and/or by using the IN6SEC Services, the User declares to have read and agrees to be bound by these General Terms and Conditions, the Code of Conduct and the relevant Privacy Policy, http://in6sec.com/privacy-policy/ . At the same time, the User declares and guarantees: to have reached the age of majority, to be in possession of the legal capacity required by law for the acceptance of the contents of this document and he/she undertakes to comply with its provisions. In accordance with the Code of Conduct, it is agreed that the IN6SEC Services are not intended for minors under 18 years of age . The Provider reserves the right to verify by reliable, legal, and lawful means, whether a User is in fact a person over 18 years of age, by cancelling the User’s Account and/or access to the IN6SEC Services.
- If these General Terms and Conditions are accepted on behalf of third parties (natural or legal persons, bodies, associations, or other subjects), the User declares and guarantees that he/she has the power of representation and, in any case, that he/she is legitimately authorized to make the acceptance of the General Terms and Conditions, thus binding the represented subject.
- The Provider reserves the right, at its discretion, to amend and/or update these General Terms and Conditions from time to time; any amendment shall be effective after being posted on the IN6SEC Platform. The User must continue to check the APP and/or the IN6SEC Platform, to consult the periodic amendments and updates. The continued use of the APP, Platform and/or IN6SEC Services following the posting of amendments to these General Terms and Conditions, will signify the acceptance of such changes.
- If the User does not agree to these General Terms and Conditions, the User may not access and/or otherwise use the APP, the Platform and the IN6SEC Services.
ART. 3 USER LICENSE
- By accepting the General Terms and Conditions, the Code of Conduct and the related Privacy Policy, the User receives from the Provider a revocable, limited, non-exclusive, non-transferable, non-sublicensable license to download, install and use one copy of the IN6SEC App on one of his/her own Devices and to access the Platform and use the IN6SEC Services. The User may not distribute or make the App available over a network where it could be used by multiple Devices at the same time. The user license allows the use of the information and content of the APP and/or the IN6SEC Platform to the extent agreed, in accordance with these General Terms and Conditions of Use and for personal use only, excluding any use in connection with any commercial, advertising, business or professional activity. The use of the IN6SEC App allows Users to access the Platform, the IN6SEC Services and the Content. The User shall use the App and the Account, the Platform, the IN6SEC Services, in accordance with the General Terms and Conditions, the Code of Conduct and the Privacy Policy.
- It is hereby understood that the data, information, and content of the APP and/or the IN6SEC Platform may not under any circumstances be modified, reproduced, sold, rented, or otherwise made available or exploited by the User without a prior written consent of the Provider.
- Any use of the content of the APP and/or the Platform that is not expressly permitted by these General Terms and Conditions is prohibited, and the license of use provided for in art. 3.1 is granted on condition that the User undertakes to: (i) Not to copy, distribute or modify any part of the Services without the prior written authorization of the Provider; (ii) Not to send unsolicited or unauthorized advertisements, spam, email, etc to other Users; (iii) Not to transmit any Content that contains software viruses or other harmful computer code, files or programs; (iv) Not to disrupt the servers or networks connected to the Services; and (v) To comply with these General Terms and Conditions, the Code of Conduct and the Privacy Policy.
- In the event of any infringement of the provisions of this art. 3, the Provider reserves the right to prohibit access to the APP and/or the IN6SEC Platform and to demand the immediate return or destruction of any material which has been printed, downloaded, duplicated or in any way used, with reference to the APP and/or the Platform and/or the IN6SEC Services.
- The user license granted to the User according to art. 3.1 of these General Terms and Conditions is valid for 24 months. Thirty days before the expiry date, the User will receive a notice via email or notification within the App with a proposal to renew the user license. In case of non-renewal before the expiry date, the user license will be considered terminated.
- The use of the APP, the Platform and/or the IN6SEC Services does not grant Users any intellectual property rights in either the APP, the Platform, the IN6SEC Services or the Content accessed by the User. The User is not permitted to use, disclose or authorize others to use and disclose the Content for any purpose other than the IN6SEC Services in accordance with these General Terms and Conditions. The Provider is the sole and exclusive owner of the rights of economic exploitation of the App and the Platform and reserves all related rights, granting the User only the user license in the manner set forth in art. 3 of the General Terms and Conditions.
ART. 4 ACCOUNT AND SUBSCRIPTIONS
- With the first access to the APP or the Platform, the User is required to create an Account through Registration. Account Credentials will be issued to allow Access to IN6SEC upon Registration, according to the standard automated User verification procedure by the Provider’s Service Center and will be subsequently requested at each login. The User may not use another party’s Account. When creating an Account, it is required to provide accurate and complete information;
- With the sole Registration, the User will be able to access the non-paying Services which consist of sending requests and viewing videos based on 6 predefined categories;
- To access the additional IN6SEC Services the User must first activate the Subscription by choosing between the types of Services available. The Subscription is chargeable for the Plus+ Services and covers the use of six IN6SEC Services for the entire period of the Subscription, without any further charges except for the cost of data traffic, which will correspond to the amount provided by the telephone providers based on the User’s own telephone plan.
- The user is allowed to purchase the following Subscriptions via a one-time payment.
- An Account PLUS1 Subscription which will allow the User to request videos with the elimination of all advertisements displayed prior to each video, paid in a lump sum at the rate of €5.88 or $;
- An Account PLUS2 subscription, which allows the User to request videos with the elimination of all advertisements placed before each video, to view the time bar and to have all the videos referring to a specific area since the launch of the APP, paid in a lump sum at a rate of €10.80 or $.
- The User shall pay to the Provider the amount indicated during the activation of the Subscription, as consideration for the Subscription. The amounts are expressed in euros, VAT included, unless otherwise indicated. The User will proceed to the payment of the Subscription according to the plan selected during the activation phase with the methods of in App purchase provided by Apple and Google;
- The Subscription to the IN6SEC services referred to in subparagraphs A and B above shall last in perpetuity.
- The request for a tax invoice involves the addition of further information, necessary for the compilation of the tax document, as indicated in the Privacy Policy, available at the following link http://in6sec.com/privacy-policy/. The User accepts that, where required, the invoice for the purchase of the Subscription issued by the Provider, will be sent to the email address provided by the User during Registration;
- Except for the cases provided for in art. 9 (Withdrawal), the User may deactivate the Subscription at any time and at no additional cost, by contacting the Service Center of the Provider at the following email info@in6sec.com. If the User decides to deactivate the Subscription, he/she will have the possibility to continue using the paid Services until the expiry of the period already paid for. The deactivation of the Subscription will not entitle the User to a refund, which may be issued by the Provider at its sole discretion;
- The Provider may change, when necessary, the prices of the Paid Services. The price change will be effective for the new Users beginning with the subscription period following the date of the price change.
- In case of variations to these Terms and Conditions, which do not include changes to the price of the subscription, changes to the services for Operators and changes due to technical improvements of the APP or the Platform, we will notify the User as soon as possible by sending an email to the email address linked to the account. If the User does not wish to accept the changes made, he/she must cancel the subscription to the Services.
ART. 5 HOW TO USE GIFT CARDS AND PRIZES
- The Provider reserves the right to assign to the Users, in a completely random manner, as specified in the regulations available on page —, specific Gift Card rewards, for a maximum number of 500 (five hundred) total Gift Cards per year, for a maximum of 2 (two) Gift Cards per User per year. Gift Cards will have a maximum value of 10 € or $. The Gift Cards are expendable in stores and/or Platforms of Commercial Partners of the Provider;
- The User will receive an email containing a bar code for purchases at the checkout and a Shopping code for online purchases to take advantage of the prize awarded. The usability of the Gift Card is managed entirely by the issuing Commercial Partners and can be used as a purchase voucher in the stores or platforms of the Commercial Partners, by presenting the bar code at the checkout and online by using, the Shopping Code upon payment for online purchases;
- The Gift Card is a payment method, not a deposit. No interest is earned on the amount available on the card. The Gift Card and the available balance are valid for a period of 12 months from the date of its receipt. The Gift Card will cease to be valid 12 months after such date. After such date, the Gift Card will no longer be accepted as a payment method, as defined in the specific terms of use, which can be found http://in6sec.com/privacy-policy/.
- The eventual return of a product (partially) purchased with a Gift Card, will be entirely managed by the Commercial Partner of the Gift Card and in compliance with the conditions of sale established by the same, as provided in art.
- The Gift Card is anonymous and personal. It is non-rechargeable, it cannot be replaced or even partially refunded, it is not tradable or convertible into money. The Gift Card can be combined with other Gift Cards, if the credit is not sufficient to cover the amount of the expenditure it is possible to integrate the use with other forms of payment, as defined by specific conditions of the Commercial Partner (see art. 5.3 above);
- Limitation of Liability. The Provider shall not be responsible for the security, legitimacy, quality or any other aspect of the goods and services purchased through the Gift Card. Furthermore, the Provider shall not be liable for any loss, theft or misplacement of the Gift Card; in the aforementioned eventuality the Provider shall not be obliged to issue a new Gift Card;
- The Provider also reserves the right to distribute free IN6SEC branded gadgets and free subscriptions to Users. The Gadgets are IN6SEC branded hats and will be awarded at the discretion of the Provider.
ART. 6 PRIVACY AND SAFETY, PROHIBITIONS FOR THE USER
- All personal data provided by Users when accessing the App or during its use will be processed by the Provider in accordance with EU Reg. 679/2016, cd. GDPR, as well as with Legislative Decree 196/2003, cd. Privacy Code, as amended by Legislative Decree 101/2018. The Privacy Policy, consent forms and disclaimers, regarding the protection of personal data and privacy of the Provider will be available at the following link: http://in6sec.com/privacy-policy/.
- The User is the sole person responsible for the activity that occurs in his/her Account and must guard and protect the Credentials, notifying the Provider immediately of any loss, theft, incorrect use, misappropriation of Credentials or breach of security or unauthorized use of his/her Account, by emailing the Provider’s Service Center. The User uses a secure and specific password for the Account and is fully responsible for the diffusion, loss, and unauthorized use of its Credentials. Nevertheless, the rights provided for in the Privacy Policy are not affected.
- The Provider may suspend or terminate the Account or cease to provide the IN6SEC Services in whole or in part at any time, if it reasonably believes that: (i) the User has violated these General Terms and Conditions, the Code of Conduct; (ii) the Account should be removed due to unlawful conduct; (iv) the Account should be removed due to prolonged inactivity. The Provider will use reasonable efforts to notify the User, via the email address associated with the Account or the following time the User attempts to access the Account, of such suspension or termination. In all such cases, the General Terms and Conditions will terminate, including, without limitation, the license to use the APP, the Platform, and the IN6SEC Services. If the User believes that the Account has been deleted by mistake, he/she may file a claim by following the instructions on the web page dedicated to the Manager’s Service Center, on the page http://in6sec.com/contact/.
- The Provider may need to provide the User with certain communications, such as announcements, notifications, reports and feedback from other Users, regarding the Services and messages of organizational or administrative nature. These communications are considered part of the IN6SEC Services, and the User may choose not to receive them, as set forth in the Privacy Policy. Notifications, communications, feedback may be sent via email and/or publication in the APP. Notifications are effective from the date they are received by the User. The notification for the change of Credentials and Account information are sent through the Technical Support, which can be contacted at the following email address info@in6sec.com.
- All questions, comments, reports, related to these GTCOU, the IN6SEC Platform, Services and/or Content, including concerns or reports regarding invalid links, unauthorized User Content, or other Technical Support issues, may be sent to the contacts above.
- The User is not permitted to do any of the following while accessing or using the IN6SEC Services: (i) access, tamper with, or use Rooms or restricted and non-public areas of the IN6SEC Services without authorization with specific Credentials, as provided in the Code of Conduct; (ii) probe, scan, or test the vulnerability of any system or network or breach or force any security or authentication measures; (iii) access, seek or attempt to access or seek the Services by any means (automated or otherwise) other than through the current interfaces available and provided by the Provider; (iv) interfere with, or disrupt (or attempt to disrupt), any User’s access to the Account, including but not limited to, by uploading a virus, overloading, invading, sending junk mail, spamming, etc., in a manner that interferes with or creates an undue burden on the Services. Furthermore, the Provider reserves the right to access the Account, read, preserve and disclose any information, if the Provider has reason to believe that it is necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce the General Terms and Conditions, including investigation of potential violations, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of the Provider, other Users and the public.
- The User is not allowed to record, duplicate, rent, loan, sell, redistribute or sub-license the App, the Services and the IN6SEC Content. The User may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify, or create derivative works of the App, updates or any part thereof. Furthermore, any form of copying or distribution, publication or commercial exploitation of the App, the Platform, the IN6SEC Services and the Content shall be deemed prohibited.
ART. 7 PURPOSE OF THE SERVICES and LIMITATIONS OF THE PROVIDER’S RESPONSIBILITY
- The use of the App, the Platform and the IN6SEC Services is a service provided by the Provider for the sole purposes set out in these General Terms and Conditions. This does not mean that the Provider is obliged to provide any support or intervention on the APP and/or the Platform.
- The Provider reserves the right to suspend or terminate the User’s access to the APP at any time if the data provided by the User is incomplete, incorrect, or non-existent. The Provider undertakes to use all reasonable efforts, according to a reasonable commercial standard, to ensure that the APP and the Platform are always accessible. However, the Manager shall not be liable if, for any reason, the APP and/or the Platform are unavailable, even if only for limited periods of time. Access to the APP and the Platform may be temporarily suspended, even without notice, in the event of maintenance, malfunctions, system errors, service requirements or for any other reason beyond the reasonable control of the Provider.
- The App, the Platform, the Services and the Content may contain errors or omissions, viruses or bugs or may not be fully functional or accurate, for which the Provider is not responsible, and shall not be considered liable for any loss of hardware, software, data, networks, documents or files, damage to Devices, caused by the use of the App, the Platform and/or the display of the Content. Therefore, the Provider does not guarantee that the App, the Platform, the IN6SEC Services and the Content meet all expected security requirements, and the Provider reserves the right to interrupt, suspend, cancel the IN6SEC Services at any time. The Provider agrees to maintain the digital and IT solutions and their operation, which are necessary for the operation of the APP and the Platform, as well as to deliver the Services, but the Provider is not and cannot be responsible for any defects, malfunctions or flaws. The Provider reserves the right to provide links to other websites or make third party applications available. Use of such websites and/or third-party applications is at the User’s own risk.
- The Provider does not provide any warranty regarding the proper functioning, the results expected, hoped for, or obtained with the use of the App, nor that the App meets the requirements requested by the User. The Provider is not liable to the User, nor to third parties, for damages suffered because of suspensions, interruptions, malfunctioning of the App or because of the loss, subtraction, deletion of data, inserted in the App by the User; without prejudice to the rights provided by the Privacy Policy. Therefore, exclusively by way of example but not limited thereto, the Manager shall not be liable in case of damages due to tampering or interventions made by the User or third parties, nor in case of problems related to the WiFi network, the ADSL network or other communication and/or connectivity networks used for the performance of IN6SEC Services and the realization and/or transmission of the Contents.
- In any case, the Parties agree that the Provider will not be liable in any way for any direct or indirect damages suffered by the User, due to any inefficiency, interruption and/or malfunctioning of the Platform etc., including, without limitation, any loss of profit, goodwill, or opportunity.
- The User undertakes to promptly inform the Provider of any inefficiency. For any information or technical problem, the Provider provides the User Service at the following e-mail address: info@in6sec.com.
- Considering that the Provider grants access to and use of the IN6SEC Services also free of charge in the basic version, the User agrees that the Provider and its third-party suppliers and partners may place advertisements on the Services or in connection with the display of Content.
- If the User believes that the Account has been closed, suspended, or deleted by mistake, he/she may file a complaint by following the instructions found on the dedicated http://in6sec.com/contact/ of the Provider’s Service Center. All questions, comments, reports, relating to these General Terms and Conditions, the IN6SEC Platform, the Services and/or the Content, including any concerns or reports;
- The statements of the Provider with respect to the APP, the Platform, the IN6SEC Services are made for the benefit of Users, Consumers and Operators, to the best of its knowledge and in good faith. However, the actual results achieved by the Provider may differ materially from these forward-looking statements, as they depend on a whole group of competitive and macroeconomic factors that, in some cases, are beyond the control of the Provider. Without prejudice to the legal obligations made to modify the statements referring to future and uncertain events and/or to comply with the applicable legislation for the protection of the Consumer, the Provider has no intention to constantly update all the statements contained in the APP, the Platform, these General Terms and Conditions, the Code of Conduct, the Privacy Policy, inviting the Users to consult the most recent version of the statements by clicking on the hyperlink http://in6sec.com/privacy-policy/.
ART. 8 PUBLICATION OF USER CONTENT and INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- In offering the Services to which the User may have access, The APP and the IN6SEC Platform provide functionality for Users who upload, transmit or publish Content, also in accordance with the requests of other Users, in accordance with the provisions of the Code of Conduct. The User acknowledges that he/she is the author and solely responsible for any and all Contributions transmitted, disclosed, exchanged or made available in any form through the Platform and agrees to indemnify and hold harmless the Provider from any claim and/or demand of third parties arising from his/her Content, as provided in art.9 of the GTCOU. The views and opinions expressed in any User Content do not necessarily reflect those of the Provider.
- If the User downloads, duplicates, records, prints a copy of the Content for personal use, the User must retain all copyright and proprietary notices contained in the Content.
- Any material copyrighted by third parties may only be used by the User if he/she has acquired the corresponding usage rights from the copyright holder, only with the written consent of the copyright holder and with the obligation to cite the source and the existence of the permission. Photographic, audio or video material of third parties or portraits of third parties may only be used by the User if he/she has acquired the consent of the author and the portrayed subject. In relation to the availability of such rights and consents, the User assumes all responsibility and completely exonerates the Provider from any liability. Therefore, the User represents and warrants that he/she has, or has obtained, all rights, licenses, consents, authorizations, powers and/or authority necessary to prepare, perform, transmit the Content and that the User reserves and/or has the power to dispose of the relevant rights to any Content that he/she submits, posts, or disseminates through the IN6SEC Services (all embedded videos, photos and audio files are considered part of the Content).
- The User undertakes not to divulge, publish or transmit through the Platform any Content containing personal, identification or sensitive data of others, as well as to enter or publish photos and/or images of minors, forms and/or content of a pedo-pornographic, pornographic, obscene, blasphemous, defamatory, offensive nature, contrary to public order, law or morality, which promote or induce illegal activities or which contain viruses or other programs damaging the functionality of other people’s computer systems, as provided for in the Code of Conduct.
- The Provider declares that it cannot in any case carry out a preventive control on the Contents of the Users, except where expressly indicated, and it is not obliged to carry out any control activity on the lawfulness, truthfulness, validity, accuracy, non-deceptiveness, non-offensiveness of the Contents of the Users. In any case, the Provider reserves the right to refuse, temporarily remove and/or permanently delete at its discretion any Content that it considers unsuitable for publication, transmission, disclosure, exchange, or provision through the IN6SEC Platform, and shall not be liable for any damages, claims or losses, whether direct or indirect, incurred by the User or any third party from the transmission, disclosure, exchange or provision of Content provided by or to Users through the Service.
- The User who accesses a certain Service, which contains Content from other Users, declares that he/she is aware of the possibility that the Content may be offensive or offend the sensitivity of certain people, and in any case acknowledges that the responsibility for the Content cannot be attributed to the Provider but to the respective Users.
- The User grants the Provider a non-exclusive, worldwide, royalty-free license for the Basic Services or paid license for the Plus + Services to publish Content consistent with the purposes of the Services, including the right to sub-license and transfer it to third parties, and the right to copy, reproduce, correct, adapt, modify, translate, publish, distribute, license, transfer, rent, communicate to the public by electronic means, etc. in any way any Contribution generated by the User with or through the Platform and/or as part of the Services.
- The User waives the exclusive right to collect fees for the public communication or representation or implementation, including in digital form, of its Content.
- If the User believes that his or her Content has been copied in a way that constitutes copyright infringement, he or she may make a claim using the Claim Form or by contacting the Provider’s Service Center at the following email address: info@in6sec.com.
- The Provider is the owner or exclusive licensee of all intellectual and industrial property rights relating to IN6SEC, the APP, the Platform and the Services, such as, for example, the logo and all the names and designations of the Services and/or products present and/or uploaded on the APP and/or the Platform, the graphic design, the trademarks and all other distinctive signs, all designs and projects, the know-how for the design, conception and implementation of the App and the Platform, including the installation and maintenance procedures and any Updates. Such IN6SEC Goods and Services are and shall remain exclusive property of the Provider, with no possibility for claims by the User, and are provided, licensed and/or disclosed by and to the User “AS IS”, without any declaration and/or warranty by the Provider.
The use of the APP, the Platform and/or the IN6SEC Services does not grant Users any intellectual property rights in either the APP, the Platform, the IN6SEC Services or the Content accessed or contributed by Users. The User is not permitted to use, disclose or authorize others to use Content for purposes other than the IN6SEC Services in accordance with these General Terms and Conditions. The Provider is the sole and only owner of the rights of economic exploitation of the App and/or the Platform and/or the Content and reserves all related rights, granting the User only the license of use in the manner set forth in art.3 of the General Terms and Conditions. The User shall not register, duplicate, rent, loan, sell, redistribute or sublicense the App, the Services and the IN6SEC Content. The User may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works of the APP, updates or any part thereof. Furthermore, any form of copying or distribution, publication or commercial exploitation of the APP, the Platform, the IN6SEC Services and the Content is prohibited.
ART. 9 RULES OF CONDUCT AND PROHIBITIONS
- Access to and use of the IN6SEC APP, the Platform, and the IN6SEC Services is subject to the User’s compliance with the Provider’s Code of Conduct, which can be downloaded at the following link —-. The User is responsible for the use of the Services and the Content it provides or contributes to. The User agrees to use the Services only for lawful purposes and, in all circumstances, in compliance with the provisions of law and regulations, in particular with regard to the private rights of others, the protection of personal data and intellectual property. The User must only provide Content that he/she believes can be disseminated, transmitted, shared with others in accordance with the provisions of the GTCOU. Any use or reliance on any Content or documents posted on or obtained through the Services is at the User’s own risk.
- The User undertakes not to divulge, publish or transmit through the Platform any Content containing personal, identification or sensitive data of others, as well as to enter or publish photos and/or images of minors, forms and/or content of pedo-pornographic, pornographic, obscene, blasphemous, defamatory, offensive nature, contrary to public order, law or morality, which promote or induce to illegal activities or which contain viruses or other programs damaging the functionality of other people’s computer systems, as provided for in the Code of Conduct.
- Violent Content, including threats, abuse and harassment, messages that incite or glorify violence, acts of terrorism or violent extremism, child sexual exploitation, enslavement, or conduct that violates human rights are prohibited: we have a zero-tolerance policy towards such types of conduct and acts of exploitation. This includes wishing or expressing the hope that someone will be physically harmed, conduct that incites hatred, acts, and conduct that promote violence against property or persons, threatening or harassing them on the basis of race, ethnicity, national origin, class, sexual orientation, gender, sexual identity, religion, age, disability or serious illness, and inciting self-harm or suicide. Sensitive, explicitly violent, or adult Content is also prohibited: the User may not post or share or transmit excessively gory, violent, or adult Content, either within videos or in profile or header images. The User may not post or share or transmit Content that shows sexual assault and/or violence. It is strictly prohibited to use the IN6SEC APP, Platform and/or Services for illegal purposes or to support illegal activities. This includes the dissemination of Content containing messages, communications, any type of data and information for the promotion and sale, purchase, and trade of illegal or regulated goods and services. It is also prohibited to use the IN6SEC Services to interfere with elections or manipulate the outcomes of elections, including other means of citizen engagement. Also prohibited is the creation and transmission of Content, or the sharing of the latter, that would inhibit or divert participation or mislead the citizenry with respect to when, where, or how to participate in elections or another citizenry engagement tool. Finally, it is prohibited, in the creation of Content, to engage in artifice or deception, impersonate individuals, organizations or groups with the intent to deceive, confuse or mislead others (or in a manner that produces these effects), and to create and transmit contrived and manipulated Content, and to deceptively share contrived or manipulated media Content that could cause pecuniary or non-pecuniary harm to others.
- The Provider does not endorse, support, affirm, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or opinions expressed via the Services. The User acknowledges that by using the Services, he/she may be exposed to Content that may be offensive, harmful, inaccurate, or inappropriate, or in some cases, messages that have been misinterpreted or misleading. Responsibility for Content rests solely with the User who created it or contributed to it. The Provider cannot monitor or control the Content posted via the Services and assumes no responsibility for any errors, omissions, infringement of third-party rights or illegal conduct arising from Content posted on the Platform.
- The Provider reserves the right to remove Content that violates the rules of the Code of Conduct, including but not limited to, copyright and trademark infringement or other misappropriation of intellectual property, substitution of person, unlawful conduct, or harassment.
- Users are expressly prohibited from using, in the preparation, transmission and sharing of Content, images, photographs, music, videos, logos, other content that may infringe the intellectual property rights of others, including copyrights and trademarks. Without the prior written consent of the Provider, Users are prohibited from making, transmitting, broadcasting, posting, recording, or displaying any Content that includes third party advertising, such as sponsored images or video ads, with respect to or through the IN6SEC Services.
- The Provider reserves the right to remove content that does not comply with the conditions contained in this document, even if it cannot guarantee a systematic control activity on the lawfulness, truthfulness, accuracy, non-deceptiveness, non-offensiveness of the Content. The User may report to the Provider the presence of any content infringing the rights of third parties and/or the Code of Conduct through a specific function within the APP/Platform and possibly also block other Users.
ART. 10 USER’S RIGHT OF WITHDRAWAL
- The User has the right to withdraw from the General Terms and Conditions at any time, even before the expiry of the term, by uninstalling the App and ceasing to use it, as well as the Platform and the IN6SEC Services, in accordance with the following provisions;
- When the User registers for one of the two Plus+ Services (art. 4 lett. A and B ), he/she may change his/her mind for any reason or even without a specific reason and receive a full refund of the amount paid within fourteen (14) days from the day on which he/she activated the relevant service (” Withdrawal Period “), i.e. from the date of conclusion of the contract entered into with the Provider in compliance with art. 2 of these Conditions, in accordance with the applicable legislation for the protection of the Consumer (art. 49, co. 4, Legislative Decree no. 206/2005).
- By purchasing a Subscription to the services referred to in the preceding paragraph, the User authorizes the Platform Provider to automatically charge him/her the subscription. The User acknowledges and agrees that the “Withdrawal Period” is available for fourteen (14) days following the purchase of the Plus+ Services and that notice of cancellation must be sent by the Consumer prior to the expiration of the Withdrawal Period. In order to exercise the right of withdrawal, the User must notify the Provider of his/her desire to withdraw from this Agreement by means of an express statement sent by registered mail with return receipt or e-mail to the following addresses: Piazzale Leonardo Da Vinci 8/D; E-mail: info@in6sec.com. In order to comply with the withdrawal period, it is sufficient for the User to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period;
- If the User withdraws from the Contract, he will be reimbursed for any payments he has made to the Provider, no later than 14 days from the day of receipt of the notice of withdrawal. Such refunds will be made using the same means of payment used for the initial transaction.
ART. 11 CONTRACT TERMINATION AND INDEMNITY
- Any use of the Account, the APP and/or the Platform and/or the Services not expressly permitted by these General Terms and Conditions is prohibited. In case of breach or violation by the User, of the obligations set forth in artt. 2, 3, 4, 5, 6, 7 and 8 of the General Terms and Conditions, the Provider shall have the right to suspend or interrupt the access to the App, as well as to terminate the license agreement for the use of the App, the Platform and the IN6SEC Services in accordance with art. 1456 c.c., via a simple communication from the Provider to the User, with consequent compensation of any further damage. In all such cases, in addition to the license of use, these General Terms and Conditions and the Subscription shall be terminated as a matter of right.
- The User agrees to indemnify and hold harmless (at its own expense) the Provider from and against any and all claims, suits, actions and proceedings (collectively, “Claims”) brought against the Provider by third parties, which are based on any of the following (a) acts or omissions (whether due to negligence, fault, willful misconduct or otherwise) of the User arising from the use or misuse of the Services; (b) damages, penalties, sanctions, legal fees or other damages of any kind or nature whatsoever caused by or arising out of a breach by the User of applicable law or the obligations of these General Terms and Conditions and in particular the provisions of artt. 5, 6 and 7.
- The User shall also pay any liabilities, damages, costs, and expenses (including reasonable legal fees and expenses) imposed or incurred in connection with the Claims or agreed by way of settlement thereof.
ART. 12 APPLICABLE LAW AND JURISDICTION
- These General Terms and Conditions, also with regard to patents and copyrights, are governed by the Italian law, except in the event of contrast of this provision with any other applicable mandatory rules, including those for the protection of the Consumer. The United Nations Convention adopted in Vienna on April 11, 1980 is not applicable to this contract.
- The invalidity or non-applicability of any of the clauses contained in the GTCDU will not invalidate the other clauses, which will remain fully valid and effective; the provision declared invalid or non-applicable shall be considered as not applied.
- Applicable Consumer protection law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. As a result, some of the limitations or exclusions provided under the GTCOU may not apply to the User. If the User lives in the European Union, EFTA states, or the United Kingdom, he/she agrees that, by using the Services, the Provider’s liability shall be limited to the maximum extent permitted in the relevant country of residence, except in cases of fraud or gross negligence.
- Not withstanding any other regulations or international conventions and in the cases allowed by law, any dispute arising between the Parties in relation to this license will be the exclusive jurisdiction of the Court of Venice. Any dispute arising with a Consumer, in relation to the interpretation, conclusion, application, execution of these GTCOU shall be devolved to the exclusive jurisdiction of the Court of the Consumer, pursuant to Legislative Decree no. 206 of September 6, 2005 and subsequent amendments.
ART 13. CONDITIONS EX ART. 1341 OF THE ITALIAN CIVIL CODE
Pursuant to and for the purposes of Article 1341 of the Italian Civil Code, the User declares to have carefully read the following articles, and to approve their content: Article 7 (purpose of the services and limitations of the Provider’s responsibility); Article 9 (rules of conduct and prohibitions); Article 10 (User’s Right of Withdrawal); Article 11 (Contract Termination and Indemnity); Article 12 (Applicable Law and Jurisdiction).