Eramus Plus Apply & Go Policies v2
Eramus Plus Apply & Go Policies v2
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. NO MAINTENANCE AND SUPPORT
5. USER-GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. LIABILITY
8. WARRANTY
9. PRODUCT CLAIMS
10. LEGAL COMPLIANCE
11. CONTACT INFORMATION
12. TERMINATION
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14. INTELLECTUAL PROPERTY RIGHTS
15. APPLICABLE LAW
16. MISCELLANEOUS
1. THE APPLICATION
It is used to Here's a list of the features for: Participants: ◦ browse projects for free with no ads and
no subscriptions to pay ◦ see only verified projects in Europe and in the world ◦ customize your
search by using filters by your country, projects' host country, start date, end date, topic, type, ... ◦
clean list of projects by automatically excluding past projects for which you can't apply anymore ◦
check out the weekly featured collections in the home page when feeling uninspired ◦ save time by
applying for projects that are looking for someone with your profile ◦ save time by applying for projects
that still have room for someone like you (based on your gender or nationality if specified) ◦ receive
notifications, by downloading the app, to always know when your favourite projects have been
uploaded ◦ filter the projects by: — Your Country — Host Country — Start Date — End Date — Topic
/ Themes — Type (Youth Exchanges / ESC / Training Courses ...) Organizers: ◦ manage your
projects or collaborate to others' without duplicating ◦ create application forms and review
applications within this platform ◦ specify the precise participants' profiles you're looking for ◦ specify,
update and let people know which participants (male/female/nationality) you're looking for at every
moment ◦ select applicants and sort them by country, seen status, and selected status ◦ select
applicants for your country if you're collaborating on someone else's project ◦ mark your projects as
"unavailable" to block people from sending new applications when they're not needed ◦ mark your
projects' form application as "editable" to let people edit their application once they've sent it to
correct possible mistakes ◦ have a shareable link for your projects, your projects' applications and
your profile ◦ and, last but not least, reach a greater audience with no effort... Everything packed in
this comfortable all-in-one, completely free solution..
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use
the Licensed Application on any Devices that You (End-User) own or control and as permitted by
the Usage Rules, with the exception that such Licensed Application may be accessed and used by
other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume
purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that
replace, repair, and/or supplement the first Licensed Application, unless a separate license is
provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Licensed Application available to third parties (unless to the
degree allowed by the Usage Rules, and with PIKLOK S.R.L.'s prior written consent), sell, rent, lend,
lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify,
combine, create derivative works or updates of, adapt, or attempt to derive the source code of the
Licensed Application, or any part thereof (except with PIKLOK S.R.L.'s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules)
or alter the Licensed Application or portions thereof. You may create and store copies only on
devices that You own or control for backup keeping under the terms of this license, the Usage Rules,
and any other terms and conditions that apply to the device or software used. You may not remove
any intellectual property notices. You acknowledge that no unauthorized third parties may gain
access to these copies at any time. If you sell your Devices to a third party, you must remove the
Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may
be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the
Licensed Application, You must ensure that You comply with applicable third-party terms and
conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with
modified/new versions of the firmware and new hardware. You are not granted rights to claim such
an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user
device on which You intend to use the Licensed Application satisfies the technical specifications
mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any
time.
4. NO MAINTENANCE OR SUPPORT
4.1 PIKLOK S.R.L. is not obligated, expressed or implied, to provide any maintenance, technical or
other support for the Licensed Application.
4.2 PIKLOK S.R.L. and the End-User acknowledge that the Services have no obligation whatsoever
to furnish any maintenance and support services with respect to the Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us
or in the Licensed Application, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of the Licensed
Application and through third-party websites or applications. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third
party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Licensed Application, and other users of the Licensed
Application to use your Contributions in any manner contemplated by the Licensed Application and
this License Agreement.
3. You have the written consent, release, and/or permission of each and every identifiable individual
person in your Contributions to use the name or likeness or each and every such identifiable
individual person to enable inclusion and use of your Contributions in any manner contemplated by
the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise
intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national
origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of
this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License Agreement and
may result in, among other things, termination or suspension of your rights to use the Licensed
Application.
6. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions
accessible to the Licensed Application by linking your account from the Licensed Application to any
of your social networking accounts, you automatically grant, and you represent and warrant that you
have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce,
disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to
prepare derivative works of, or incorporate in other works, such as Contributions, and grant
and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats
and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and
includes our use of your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided
by you in any area in the Licensed Application. You are solely responsible for your Contributions to
the Licensed Application and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in
the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your Contributions.
7. LIABILITY
7.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of
duties according to Section 2 of this License Agreement. To avoid data loss, You are required to
make use of backup functions of the Licensed Application to the extent allowed by applicable third-
party terms and conditions of use. You are aware that in case of alterations or manipulations of the
Licensed Application, You will not have access to the Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any
other malware at the time of Your download. Licensor warrants that the Licensed Application works
as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device, that
has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with
inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself
or by third parties, or if there are any other reasons outside of PIKLOK S.R.L.'s sphere of influence
that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and
notify PIKLOK S.R.L. about issues discovered without delay by email provided in Product Claims.
The defect report will be taken into consideration and further investigated if it has been emailed
within a period of thirty (30) days after discovery.
8.4 If we confirm that the Licensed Application is defective, PIKLOK S.R.L. reserves a choice to
remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty,
You may notify the Services Store Operator, and Your Licensed Application purchase price will be
refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator
will have no other warranty obligation whatsoever with respect to the Licensed Application, and any
other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to
adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of
limitation amounting to twelve (12) months after the Licensed Application was made available to the
user. The statutory periods of limitation given by law apply for users who are consumers.
9. PRODUCT CLAIMS
PIKLOK S.R.L. and the End-User acknowledge that PIKLOK S.R.L., and not the Services, is
responsible for addressing any claims of the End-User or any third party relating to the Licensed
Application or the End-User’s possession and/or use of that Licensed Application, including, but not
limited to:
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory
requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection
with Your Licensed Application’s use of the HealthKit and HomeKit.
You represent and warrant that You are not located in a country that is subject to a US Government
embargo, or that has been designated by the US Government as a "terrorist supporting" country;
and that You are not listed on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please
contact:
PIKLOK S.R.L.
via libertà, III traversa a dx, 7, Portici
Napoli, NA 80055
Italy
[email protected]
12. TERMINATION
The license is valid until terminated by PIKLOK S.R.L. or by You. Your rights under this license will
terminate automatically and without notice from PIKLOK S.R.L. if You fail to adhere to any term(s)
of this license. Upon License termination, You shall stop all use of the Licensed Application, and
destroy all copies, full or partial, of the Licensed Application.
PIKLOK S.R.L. represents and warrants that PIKLOK S.R.L. will comply with applicable third-party
terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User
License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries
of this End User License Agreement and — upon Your acceptance of the terms and conditions of
this License Agreement, both Apple and Google will have the right (and will be deemed to have
accepted the right) to enforce this End User License Agreement against You as a third-party
beneficiary thereof.
PIKLOK S.R.L. and the End-User acknowledge that, in the event of any third-party claim that the
Licensed Application or the End-User's possession and use of that Licensed Application infringes on
the third party's intellectual property rights, PIKLOK S.R.L., and not the Services, will be solely
responsible for the investigation, defense, settlement, and discharge or any such intellectual
property infringement claims.
This License Agreement is governed by the laws of Italy excluding its conflicts of law rules.
16. MISCELLANEOUS
16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining
provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that
will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.
PRIVACY POLICY PURSUANT TO ARTICLE 13 OF (EU) REGULATION NO. 2016/679 (“GDPR”)
PIKLOK S.R.L. (hereinafter “PIKLOK”) protects the confidentiality of personal data and guarantees
its necessary protection against any event that may put it at risk of violation.
As provided for by European Union Regulation No. 679/2016 (hereinafter “GDPR”) and, in particular,
article 13, personal data are processed under explicit consent obtained by the Data subject for the
specific purposes specified in this document. Please find below the information required by law
relating to the processing of your personal data.
3 Data processed.
In the table below are listed the personal data collected and processed by PIKLOK S.R.L.:
Type of
Examples of data processed
data
Name, surname, date and place of birth, nationality, complete hometown address
Personal
(road, town, region), civil status, other address, phone number, ID Number, Tax code,
details
Passport No.
All subjects which belongs to the above-mentioned types will process data as “Data controllers”, or
“Joint controllers”, or processors of specific processing activities as stated in the “outsourcing”
contracts between the parties.
At last, personal data can be processed by PIKLOK’s employees qualified as “internal processor” or
representatives (employee, consultants, other external companies employees which are appointed
with specifics technical and support tasks to be performed in the offices of the Controller).
Right to rectification
The Data subject has the right to obtain from PIKLOK S.R.L., without undue delay, the rectification
of inaccurate personal data concerning him or her. Taking into account the purposes of the
processing, the Data subject shall have the right to have incomplete personal data completed,
including by means of providing a supplementary statement.
PIKLOK S.R.L., only if possible, must notify to each of the third parties to which personal data have
been transferred, the rectification that has been done.
Right to be forgotten
The Data subject shall have the right to obtain from the controller the erasure of personal data
concerning him or her without undue delay where one of the following grounds applies as stated in
the art. 17 of the UE Regulation 2016/679.
The right to be forgotten does not apply if the processing is needed, for example, for compliance
with a legal obligation which requires processing by Union or Member State law, for reasons of public
interest or the establishment, exercise or defense of legal claims.
PIKLOK S.R.L. informs third parties controllers, which are processing the personal data, that the
Data subject has requested the erasure where the effort sustainable, taking into account the
available technology and the cost of implementation.
Right to object
If the processing activities are not necessary, to perform tasks carried out in the public interest or for
the purposes of the legitimate interests pursued by the controller or by a third party processing the
Data subject shall have the right to object, at any time to processing of personal data concerning
him or her. In the case of a legitimate interests pursued by the controller, the controller must
demonstrate compelling legitimate grounds for the processing which override the interests, rights
and freedoms of the Data subject or for the establishment, exercise or defense of legal claims. The
right is intended also for the profiling activities.
Right to lodge a complaint with the Italian Data protection supervisory authority
Without prejudice to any other administrative or judicial remedy the Data subject shall have the right
to lodge a complaint with a supervisory authority if the Data subject considers that the processing of
personal data relating to him or her, as made by PIKLOK S.p.A, infringes the (UE) Regulation
2016/679.
The Data subject can send the claim by giving it by hands to the Supervisory authority (Garante per
la protezione dei dati personali) or by sending:
1. a) registered letter to the Supervisory authority – Garante per la protezione dei dati personali, Piazza
Venezia n. 11, 00187 Roma;
2. b) a certified e-mail to [email protected].
10 Failure to provide data.
Collection and processing of personal data are necessary to start the business relationship. If the
Data subject will not provide the explicit consent to process his/her personal data for the above-
mentioned purposes, the controller will not be able to execute effectively the contract.
PIKLOK S.R.L.
Via Libertà, III Traversa a destra, n.7
80055 – Portici – Napoli – Italia
VAT CODE 09545701212
REG.NUMBER NA - 1040209
TERMS OF USE
Last updated 27/06/2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PRODUCTS
5. PURCHASES AND PAYMENT
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. SUBMISSIONS
10. SITE MANAGEMENT
11. TERM AND TERMINATION
12. MODIFICATIONS AND INTERRUPTIONS
13. GOVERNING LAW
14. DISPUTE RESOLUTION
15. CORRECTIONS
16. DISCLAIMER
17. LIMITATIONS OF LIABILITY
18. INDEMNIFICATION
19. USER DATA
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
21. MISCELLANEOUS
22. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally
or on behalf of an entity (“you”) and PIKLOK S.R.L. (PIKLOK S.R.L. Via Libertà, III Traversa a destra,
n.7, 80055 – Portici – Napoli – Italia VAT CODE 09545701212 REG.NUMBER NA –
1040209) ("Company", “we”, “us”, or “our”), concerning your access to and use of the ERASMUS
PLUS-APPLY&GO app/website (the “Site”) as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound
by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last updated” date of these Terms of Use, and you
waive any right to receive specific notice of each such change. Please ensure that you check the
applicable Terms every time you use our Site so that you understand which Terms apply. You will
be subject to, and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after the date such revised Terms of
Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation or
which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We reserve all rights not expressly
granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to
comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3)
you will not access the Site through automated or non-human means, whether through a bot, script
or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use
of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future use of the Site (or any
portion thereof).
4. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and
details of the products available on the Site. However, we do not guarantee that the colors, features,
specifications, and details of the products will be accurate, complete, reliable, current, or free of other
errors, and your electronic display may not accurately reflect the actual colors and details of the
products. All products are subject to availability, and we cannot guarantee that items will be in stock.
We reserve the right to discontinue any products at any time for any reason. Prices for all products
are subject to change.
5. PURCHASES AND PAYMENT
Besides the free functions of the Site, We could accept some forms of payment for additional
services/products:
You agree to provide current, complete, and accurate purchase and account information for all
purchases made via the Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment card expiration date, so that
we can complete your transactions and contact you as needed. Sales tax will be added to the price
of purchases as deemed required by us. We may change prices at any time. All payments shall
be in Euro.
You agree to pay all charges at the prices then in effect for your purchases and any applicable
shipping fees, and you authorize us to charge your chosen payment provider for any such amounts
upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same payment method, and/or
orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those that
are specifically endorsed or approved by us.
Systematically retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including
features that prevent or restrict the use or copying of any Content or enforce limitations on
the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site
or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation,
or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
active information collection or transmission mechanism, including without limitation, clear
graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site,
or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript,
or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark, trade secret, or moral
rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the Site, and other users of the Site to use your
Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in any manner
contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any
other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of
these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of
Use and may result in, among other things, termination or suspension of your rights to use the Site
and the Marketplace Offerings.
8. CONTRIBUTION LICENSE
You and Site agree that we may access, store, process, and use any information and personal data
that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and
share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided
by you in any area on the Site. You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
9. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or actual infringement
or misappropriation of any proprietary right in your Submissions.
If we terminate or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update,
suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site or the Marketplace
Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing
in these Terms of Use will be construed to obligate us to maintain and support the Site or the
Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at least 30 days before
initiating arbitration. Such informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its
existence, validity, or termination, shall be referred to and finally resolved by the Regolamento di
Arbitrato della Camera Arbitrale del Consiglio dell’Ordine degli Avvocati di Napoli, which, as a result
of referring to it, is considered as the part of this clause. The number of arbitrators shall be 1. The
seat, or legal place, or arbitration shall be Napoli, Italy. The language of the proceedings shall
be Italian. The governing law of the contract shall be substantive law of Italy.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually.
To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b)
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that
court.
15. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions
that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.
16. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR
USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all
of our respective officers, agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third
party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach
of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights
of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming aware of it.
19. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform regular
routine backups of data, you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Site. You agree that we shall have no liability to you for
any loss or corruption of any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
21. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the
Site constitute the entire agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and us as a result of
these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to
execute these Terms of Use.
22. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of
the Site, please contact us at:
PIKLOK S.R.L.
Via Libertà, III Traversa a destra, n.7
80055 – Portici – Napoli - Italy
[email protected]
The platform uses Firebase Hosting, Analytics, Authentication, Firestore and Real-Time DB.
Please refer to their cookies and privacy policies and statements for more detailed informations.
https://policies.google.com/technologies/cookies
https://policies.google.com/privacy
https://policies.google.com/terms