TERMS & CONDITIONS ONLINE CIKIS S.r.l.
Through the Website, Cikis provides a set of Services, including an online space available to Users, as defined below, which through it can send text messages and send attachments, with general and / or specific requests related to the activity carried out by Cikis. By using the Website, the User accepts the T&C. The Services rendered by Cikis and the use of the Website are subject to the application of these T&C and any other regulation or policy published on the Website www.cikis.it.
In case of disagreement with respect to any term or condition or subsequent modification of the same, or in the case of dissatisfaction with the Services offered by Cikis, the User will have the right and duty to immediately stop the use of the same. Cikis has the right, but not the obligation, to enforce T&C strictly also, but not only, through the moderation of users and litigation in the appropriate judicial offices.
Contents: (i) files containing texts, images, audio and / or video recordings, data and / or information organized in databases and in any case all files, documents and / or information in any format that Cikis makes available through the Website, including any Content licensed by a third party; (ii) files containing texts, images, audio and / or video recordings, data and / or information organized in a database and in any case all files, documents and / or information that in any format are transmitted, copied, sent, made available of Users.
T&C: the provisions of this document.
Personal data: all personal information relating to each User, including the person’s name, e-mail address, possibly collected through the Website.
User: any person, natural or legal person, user of the Website.
Service: Services that Cikis offers through the Website.
Website: the domain www.cikis.it, including any subdomains, any URL or portions thereof, applications for mobile devices, developed by or on behalf of Cikis S.r.l. and present on the Apple and Android digital stores.
1.2 Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.
- Description of the Website
2.1 The Website and the Services include an online form through which Users can send messages with textual content and / or upload digital content through the appropriate “Browse” section within the form. Cikis reserves the right to approve the registration of the User Account, as well as suspend or cancel it as a consequence of the violation of one or more obligations and prohibitions set out in these T&C. It is understood that Cikis has no control over the conduct of the Users and excludes any liability in this regard within the maximum limits permitted by law.
- User account
Users, by using the form on the Website, certify that they are at least 18 years old at the time of their registration.
The User agrees not to provide any incorrect or false information. In any case, Cikis cannot in any case be held responsible for the wrongness or falsity, innocent, guilty or malicious, of the information communicated by Users.
It is understood that Cikis is not required to verify the exact identity of its Users nor can it confirm the identity of each User.
- Responsibility of Cikis S.r.l.
5.1 Disclaimer of warranties
The User accepts that the use of the Website and the Services it offers are entirely at his own risk and responsibility. The Website and the Services it provides are provided “as is” and “as available”, without guarantees and / or liability of any kind. All explicit and implied warranties, including, without limitation, warranties of merchantability and fitness for a particular purpose are expressly excluded to the maximum extent permitted by law, and to the same extent, Cikis disclaims all warranties for safety, reliability, timeliness, accuracy and performance of the Website.
To the maximum extent permitted by law, Cikis declines all guarantees for other services or goods received through or advertised on the Website.
To the maximum extent as permitted by law, Cikis declines all responsibility regarding the transmission of computer viruses or other harmful components in relation to the Website or the Services.
In no case can Cikis be held liable for damages to third parties or to the contracting parties resulting, directly or indirectly, from the use of the Website, or resulting from any contract between the User or the Visitors and third parties. This disclaimer relates, among others, to direct, indirect, accidental, special, exemplary and consequential damages, including: loss of profits, loss of data or loss of goodwill; computer damage; cost of replacement products or services; any damage related to personal or physical injury.
This limitation of liability is also extended to cases where CIkis is informed of the possibility of such damages.
The damages to which the limitation of liability refers may result: from the use or abuse of the Website, from the impossibility of using the Website or from interruption, suspension, modification, alteration, or termination of the Website.
This limitation also applies in relation to damages suffered due to other services or products received through advertising or in connection with the Website, as well as due to information or advice received through or advertised in connection with the Website. These limitations apply to the extent maximum permitted by law.
- Content published on or through the Website
6.1 Contents Coming from Users
All the Contents published on the Website, transmitted through, or accessible through links from the Website, are the exclusive responsibility of the User from which these Contents come. The User is solely responsible for any published Content, e-mail or material otherwise made available through the Website. The User is aware that Cikis does not control and is not responsible for the Content made available through the Website, and that using the Website, the User may be exposed to offensive, indecent, inaccurate, illegal, misleading Content.
6.2 Links to other webwebsites
The Website may contain links to third party webwebsites or resources. CIkis is not responsible for: (i) the availability or accuracy of such webwebsites or resources; or (ii) the Content, products, or Services on or available from those webwebsites or resources. The links to these webwebsites or resources do not imply any support by Cikis to said webwebsites or resources or to the Contents, products or services available from those webwebsites or resources. The User and the Visitor assume exclusive responsibility and assume all the risks deriving from their use of these webwebsites or resources or from the contents, products or services on or available from these webwebsites or resources.
Cikis is also not responsible for the privacy policies or practices adopted on other webwebsites. When a User clicks on a link that directs to another website or platform, the User is responsible for reading the privacy policies of said website or platform.
6.3 User authorization
Without prejudice to the foregoing, Users irrevocably authorize Cikis, and / or the other Users to whom Cikis grants them the right to use the Contents and all their parts or elements, without restriction, worldwide, in perpetuity and in any case for the whole duration of legal protection as enshrined in every country in the world.
By way of example but not limited to, the aforementioned authorization also includes the right to:
– publish, disseminate, communicate to the public and make available to the public so that everyone can have access to them at the time and place chosen individually, in whole or in part, by any means and / or technology and in any way (also interactive), currently known and / or developed in the future, the Contents through the Website;
– for the purposes of the foregoing, reproduce and modify the Contents in any way or form to respect the technological constraints imposed by the way the Webwebsite operates;
– authorize the other Users of the Website to reproduce the Contents in order to view them on their terminals using the Services and the Website.
The aforementioned rights are understood to be granted on a non-exclusive basis and therefore the User remains entitled to use the same Contents in any form and manner.
6.4 User declaration
The User declares to fully and legitimately dispose of all the rights relating to the Contents (by way of example but not limited to: copyright, image and / or personality rights in general, trademark rights and other property rights, rights for the protection of confidentiality, rights relating to the portrait, etc.) which proceeds to publish on the Website.
The User expressly declares that where he is not fully the owner of the rights to the Contents that he proceeds to publish, he has been expressly authorized to dispose of the Contents by third parties holding these rights and is therefore fully entitled to issue the authorization to use the Contents with the amplitude provided for in these Conditions.
The User agrees not to publish any Content if such Content and / or its use:
– is false, obscene, pornographic, defamatory, or includes racist, violent, offensive, harassing information, or instigates to commit crimes or is in any case illegal in Italy or in the place where the User uses the Services or the Website or on the basis of however other applicable laws;
– violates the rules on the processing of personal data or on the protection of industrial secrecy and confidential information;
– presupposes possession by the User of authorizations, rights or requirements required by law which he does not have;
– violates patents, trademarks, copyrights or other third party rights;
– contains computer viruses or any program or software designed to interrupt, destroy, damage or even limit the functionality of any software, hardware or network apparatus or of the Services or of the Website itself;
– is in any way harmful to Cikis, Users or third parties.
The User guarantees the good quality of the Contents that he proceeds to publish and the adequacy of the same for the use for which they are intended.
- Intellectual and industrial property rights
Please do not publish confidential or protected information such as intellectual or industrial property rights on the Website, unless otherwise agreed in writing.
If a User of the Website believes that his intellectual or industrial property rights or others have been violated by a publication on the Website by another User, the User himself, within 48 hours from the discovery of the violation, must immediately send a communication written to Cikis, e-mail: email@example.com.
To be effective, the notification must include:
– The physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that has allegedly been violated;
– The identification of the protected content that is believed to have been violated;
– Reasonably sufficient information to allow us to contact the complaining party, including address, telephone number and, if available, the email address to which the complaining party can be contacted;
– The identification of the material believed to be subject to illegal activity and the information reasonably sufficient to enable us to identify the material;
– A statement in which the injured party believes in good faith that the use of the material is not authorized by the copyright owner, the appointed agent or the law;
– A declaration in which the injured party declares that the information contained in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right, allegedly violated.
The User accepts that upon receipt of a notice of complaint of infringement of intellectual property, Cikis can immediately remove the materials identified from our Website without any responsibility towards the Users or third parties.
The Website User undertakes to free, defend, hold harmless and hold Cikis and its affiliates and subsidiaries, and their officers, directors, employees and agents free from and against any claim, responsibility, damage, loss and expense, including, without limitation, reasonable legal and accounting fees, deriving from, or in any way related to:
– the Content processed, transmitted, copied, sent, made available by the Users themselves;
– any of the following actions performed by the User himself:
o interaction with any User;
or the request for a Service.
Cikis reserves the right, in its sole discretion, to organize the defense with a defender of his choice, against all legal claims, lawsuits or other causes that require financial compensation put in place by the User, without the User can object.
- Relationship between the parties
The rights and obligations of the parties must be limited to those expressly indicated in this document.
- Applicable law and jurisdiction
All disputes regarding the validity, interpretation or execution of these General Conditions of Use will be left to the exclusive jurisdiction of the Court of Milan.
- Additional conditions
Cikis is not responsible for the relationships created between the Users.
All communications to the attention of Users will be sent to the email address provided when registering on the Website. Messages and notifications are considered received 24 hours after sending the email, unless a receipt has been received. notification indicating that the email address is invalid or not working.
Last update of this document
November 20th, 2019