This document contains the general terms and conditions on the basis of which the use of the web site Captyour that provides Marketplace per la ricerca di fotografi e videografi is offered to the users.
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:
- Owner: Matteo Comandini, Via Settecrociari 4405, CMNMTT92C18C573D
- Application: the web site Captyour
- Products: the goods and / or the services provided through the Application by a third-party provider.
- User: any person who accesses and uses the Application
- Third-party Provider: the natural or legal person, other than the Owner, who offers the Products through the Application in the performance of their trade, business or profession
- Content: any textual or multimedia element in the Application, by way of example announcements, insertions, reviews, images, etc.
- Conditions: this contract which governs the relationship between the Owner and the Users.
Relationship between the Owner, Third-party Providers and Users
The Application hosts a platform managed by the Owner which allows the contact of Users interested in the Products offered by Third-party Providers.
Should the Products be offered by a Third-party Provider, the Owner is not party to the relationship between the User and the Third-party Provider and therefore shall not be under any liability from such relationship. The Owner shall be considered only as a mere technical operator of the Application. Therefore, any contract entered into between Third-party Providers and Users is not subject to the Conditions.
Scope of the Conditions
The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and / or any other note, legal notice, information published or referred to therein, the User shall not use the Application or the services related.
The Owner may amend the Conditions at any time. The changes shall be effective from the time they are published in the Application.
Before using the Application, the User is required to read the Conditions carefully save or print them for future reference.
The Owner reserves the right to change, at his own discretion and at any time, even after the User has registered, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application, communicating to the User the relative instructions, when necessary.
The User has the responsibility to keep login credentials. The login credentials shall be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them confidential and to ensure that no third party has access to them. Should the User suspect or become aware of any improper use or disclosure, he shall immediately inform the Owner.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless from any damage, indemnity and / or penalty resulting from and / or in any way connected to the infringement by the User of the Application registration rules or the storage of the login credentials.
Account cancellation and closure
The registered User can interrupt the use of the Application at any time and deactivate his account or request the cancellation through the Application interface, if possible, or by sending a written communication to the e-mail address email@example.com.
In case of violation by the User of the Conditions or of the applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
Content sent by the Users
The User can upload Content on the Application, provided that it is not illegal (e.g. obscene, intimidating, defamatory, pornographic, abusive or for any reason illegal or in violation of privacy, the intellectual and / or industrial property rights of the Owner and / or third parties), misleading, or is not otherwise harmful to the Owner and / or third parties or contains viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming. In the event of a dispute by a third party regarding any announcement or conduct related to it, the User assumes full liability and undertakes to hold the Holder harmless from any damage, loss or expense.
The User guarantees that the Contents are sent to the Application through his account from a natural person of legal age. For natural persons under legal age, the sending of Contents must be examined and authorised by the parents or by those exercising parental authority.
The User is the sole and exclusive responsible for the use of the Application with regard to the publication, consultation, management of the Content and contact between Users and is therefore the sole guarantor and responsible for the correctness, completeness and lawfulness of the Contents and its own behaviour.
It is forbidden to use an e-mail address that is not owned by the User, to use the personal data and credentials of another User in order to use his identity, or in any other way to declare false information about the origin of the Contents.
The Owner is unable to ensure timely control over the Content received and reserves the right at any time to cancel, move or modify the Content, which, at its discretion, appears to be illegal, abusive, defamatory, obscene or prejudicial to the right to author and trademarks or in any case unacceptable.
Users grant the Owner a non-exclusive right of use on the Content sent, without limitations of geographical areas. The Owner may therefore, directly or through trusted third ies, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, note, encode, modify and adapt (including without limitation the right to adapt for transmission in any form of communication) in any form, any Content (including images, messages, including audio and video) that should be sent by the User, including through third parties.
The Content sent will not be returned and the Owner will not be liable towards Users for the loss, modification or destruction of the transmitted Content.
It is expressly forbidden, unless explicitly authorised by the Owner: i) the use of automatic announcement uploading systems, except those expressly authorised, ii) serial publication and / or management of advertisements for third parties by any means or method, iii) resell the Owner’s services to third parties.
Industrial and intellectual property rights
The Owner declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the Content available on the Application. Therefore, all the trademarks, figurative or word and all other signs, commercial names, service marks, word marks, commercial names, illustrations, images, logos, contents relating to the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the relative international treaties.
The Conditions do not grant the User any license for use relating to the Application and / or to individual contents and / or materials available therein, unless otherwise regulated.
Any reproductions in any form of the explanatory texts and the Contents of the Application, if not authorised, will be considered violations of the intellectual and industrial property right of the Owner.
Exclusion of warranty
The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available continuously 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and / or operational at any time or for any period . Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner’s will or due to force majeure events.
Limitation of liability
The Owner shall not be held liable towards the User, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its suppliers.
Furthermore, the Owner will not be liable for damages, losses and costs incurred by the User as a result of failure to execute the contract for reasons not attributable to him.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment,
The Owner shall not be held liable for:
- any loss of business opportunities and any other loss, even indirect, possibly suffered by the User that is not a direct result of the breach of contract by the Owner
- incorrect or unsuitable use of the Application by Users or third parties
In no case the Owner shall be held liable for a sum greater than twice the cost paid by the User.
The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.
The Owner will perform any act in his power in order to identify solutions that allow the correct fulfilment of his obligations despite the persistence of events due to force majeure.
Links to third-party web sites
The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
Applicable law and jurisdiction
The Conditions are subject to Italian law.
For any dispute concerning the application, execution and interpretation of these Conditions, the jurisdiction shall be upon the courts where the Owner is based.