Terms and Conditions for the Use of the Services ("TOS")
All users, whether registered or not, are required to carefully read the following TOS to be able to use the services and products offered by Face&Place Ltd (from now on Face&Place). Each user, registered or not, is therefore considered informed of the provisions of these TOS, which he/she accepts while navigation on the website.
1. ACCEPTANCE OF TERMS
Face&Place offers its services (Services) to the user under these Terms and Conditions of Use of Services ("TOS"), which establish a binding agreement between Face&Place and the user (User). For the purposes of the TOS, the domain Faceandplace.com refers to Face And Place Ltd, based in Via Lazzaro Papi, n. 7 - 20135 Milano, P. Iva 03597300965. Face&Place reserves the right to update and change the TOS at any time, and all documents referred to by them, in the event that updates and changes are needed in order to respond to changes in any legislation or regulations that affect the provision of the Services or to introduce additional security measures for the Content posted by users or, in general, for the Services. The User will be informed of any updates if the services undergo substantial changes compared to the way they are currently proposed. The User can always find an updated version of the TOS at the URL www.faceandplace.com/it/termini-econdizioni. In addition, when the user makes use of specific Face&Place Services, he/ she should consider that in addition to the TOS, including all specific conditions, rules and guidelines in place for those specific services shall apply, keeping in mind that in case of special conditions, rules and guidelines containing provisions in conflict with the provisions of the TOS, the latter shall prevail. Face&Place may also offer services from time to time that are governed by different terms and conditions. In such cases, the TOS shall not apply to those special services. The TOS are subject to the provisions of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and, in specific, Section II of the Consumer Code on distance contracts, as well as the provisions of the Italian Civil Code and the Law.
2. DESCRIPTION OF THE SERVICES
The registration for Face&Place and therefore, the creation of a personal account to use the Services provided, is mandatory. Face&Place provides the Users with access to many online resources, such as various communication tools, chat, newsletters, online forums, Social Networks sharing and other services. Unless otherwise stated, every new aspect of the services is to be considered subject to the TOS.
The use and access to the Services is free and allows the User, when logged in, to:
I. browse location pictures
II. add the browsed locations to a 'Favourites' list
III. ask Face&Place for a quote to use the Locations chosen
IV. share the Locations on various social media platforms
V. suggest new locations to the administrator of Face&Place.
Any User that prefers not to register (creating an account) but still wants to browse the website, declares to accept these TOS like other registered users. The User acknowledges and agrees on the fact that the Services are offered “AS THEY ARE” and “AS AVAILABLE”. Therefore, Face&Place is not to be considered responsible for the availability and the use of the Services. In order to use the Services it is necessary to access the World Wide Web, either directly or through other tools that allow the access to content on the Web, and to pay anyone involved in accessing the Web. In addition, the Users need to provide themselves with the necessary tools to connect to the World Wide Web, such as a computer, a modem and anything necessary for the connection to take place.
3. REGISTRATION OBLIGATIONS AND MINORS PROTECTION
In order to use the Services, the User agrees to:
a) provide the personal information requested during the registration process ("Registration Data") making sure that they are up to date, complete and accurate;
b) maintain and promptly update the Registration Data in order to keep it current, complete and true;
c) maintain a lawful behaviour and not against the Italian law and / or the rights of others.
If the User uploads any offensive photo and / or deemed to be in violation of any law (even commenting on the photos and materials from other users) and / or provide false, inaccurate, not current or incomplete information, or if Face&Place believes, based on its own discretion, that the information is untrue, inaccurate, not current or incomplete, Face&Place has the right to temporarily or permanently suspend the account in question and to prevent the User from using the Services, without owing anything to the user and third parties, making sure to remove (unquestionably ) any content considered offensive and / or inappropriate.
Face and place has the right to inform the public Authorities any time the User is found acting in an illegitimate way.
Face&Place is concerned about the safety and privacy of its users and, especially, children. For this reason, the adult User who allows his/her minor children to access the Services must assist in the creation of their accounts and supervise their access to services with the understanding that children will have access to any Services, including, for example, the services Contest, Chat and Newsletter.
In addition, the Services are designed in such a way to arouse the interest of a user audience as wide as possible. Consequently, it is the adult user's responsibility to establish adult, as a guardian to the child, if and when the Services, including their Content (as defined in art. 6), are to be considered appropriate for a minor.
4. INFORMATION ON THE PERSONAL DATA PROTECTION.
1. The Registration Details given by the users are collected and handled by Face&Place, sometimes also through automated information systems, for the following purposes:
I. purposes concerning the distribution and management of the Services, in accordance with the TOSs;
II. statistical surveys, having received the user's consent
III. Marketing and market research, sending of advertising material relating to the products and Services offered by Face&Place or third party advertisement services.
IV. qualitative data collection on the Services and on the Users rating, carried out both directly and through specialized companies.
a) improve the quality of the services according to the needs expressed by users in general
b) identify personalized Services and commercial information tailored to the User's preferences
c) prevent the User from indiscriminate display of advertisements for products and/or services unrelated to their personal interests.
3. For all the purposes listed in point 1, some data may be communicated by Face&Place to other third parties authorized by Face&Place itself and / or other third parties, responsible for carrying out activities directly related to the provision and distribution of services as well as – with the user's consent - to third party companies that provide goods and / or services on the Internet, with which Face&Place has signed trade agreements or partnerships to promote the dissemination and distribution of services or the provision of new services. During events or special events, such as contests or prize operations, some personal data of the User who has joined these events will be shared on this website and / or on other websites linked to Face&Place. As mentioned above, for organizational purposes related to the central-level group of computer activities and / or to the management of services, some personal data of Users may be made available abroad, even in countries outside the European Union, such as Switzerland and the United States of America. The foreign offices of Face&Place receive and transfer such data for the same purposes for which Face&Place has collected it.
4. The complete list of data processors and third party owners of self-related treatments to those offered by Face&Place is available and can be requested directly to Face&Place at the following email address email@example.com.
5. Article 7 of the Personal Data Protection Code allows the User to exercise certain rights, including the right to ask the Data Controller to confirm the existence or not of personal data concerning him/her, available in a comprehensible form; to know the origin of the data and the reason and purpose of the data collection; to obtain the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, as well as the update, rectification or, if interested, the integration of data; and to disagree the terms for legitimate reasons, or to opt out of data collection for the marketing and commercial purposes, at any time. In order to enforce these rights, You may contact directly the Data Controllers at this e-mail address firstname.lastname@example.org.
By accepting these TOS, the User authorizes Face&Place to collect, communicate and transfer personal data to the recipients, to the extent and for the purposes specified in this privacy statement.
5. ACCOUNT AND PASSWORD
At the end of the registration process for the Services, the User gets an account ("ID") and a confidential password for which he/she is responsible in addition to the responsibility for any activities carried out through the use of the Services.
The User therefore undertakes to:
a) immediately notify Face&Place of any unauthorized use of his/her password or account or any other breach of security rules of which he/she becomes aware, that is to say an inappropriate use of
b) exit from your account at the end of each session. Face&Place cannot be held liable in any way for any damages arising from any breach of this Article 5, not even if the content might be used without the owners' authorization (for example pictures of Locations). The User is aware of the fact that, in order to regulate access to the Services, the personal authentication only requires verification of ID and password used by him/herself . The user is therefore responsible for the safekeeping and proper use of your ID and password to access the Services and for any damage or injury which might arise, outside Face&Place or third parties, as a consequence of incorrect use, loss, theft and / or compromise of the confidentiality of the ID and password used by the User. All operations made through ID and password used by the User will be automatically attributed to the same operations conducted and the requests made, without any exceptions whatsoever. The User recognizes and acknowledges that Face&Place can always produce, as evidence of transactions made by the User and - more generally – evidence of the relationship with the user him/herself, including evidence taken from the systems and procedures used by Face&Place to manage access to the Services.
6. MEMBER CONDUCT
The User understands that information, data, softwares, music, sound, photographs, images, videos, messages or any other material ("Content"), whether publicly accessible or privately transmitted, is exclusive responsibility of the person who created such Content. This means that the User, not Face&Place, is exclusively and entirely responsible for all the Content uploaded, posted, sent by email, present in chat discussions and / or forums, or otherwise transmitted or distributed through Face&Place. Face&Place does not guarantee the lawfulness, truthfulness, accuracy or quality of such Content. The User acknowledges and agrees to the fact that while using the Services, despite the strict rules imposed by Face&Place, he/she may be exposed to Content that is offensive, indecent or otherwise objectionable. Under no circumstances and for no reason Face&Place is to be considered liable for such content as well as, but not limited to,for any errors and / or omissions in any Content, or for any damage incurred as a result of the use of the Content found, sent by e-mail or otherwise transmitted or distributed through the Services.
The User agrees not to use the Services to:
a) upload, post, email or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory and / or libellous, vulgar, obscene, invasive of another's privacy, racially, ethnically or otherwise objectionable;
b) cause damage in any way, to minors;
c) falsify his/her identity, for example, as a representative of Face&Place, forum leader, guide or host, or otherwise hide their true relationship with others;
d) forge headers or manipulate identifiers or instructions in order to disguise the origin of any Content transmitted through the Services;
e) upload, post, email or transmit any Content that the User does not have the right to transmit or to share content for the provision of a law, under contractual or fiduciary relationships ( for example, private and confidential information, learned because of an employment relationship or protected by a confidentiality agreement);
f) engage in framing the content of the Services;
g) upload, post, email or transmit any Content that infringes any licence, trademark, trade secret, copyright or other industrial property rights and / or intellectual property rights of third parties ("Rights ");
h) upload, post, email or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," chain letters , Pyramid schemes, or any other form of solicitation that is not authorized or is not required, except in those areas (such as shopping rooms) that are especially built with that purpose;
i) upload, post, email or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications tools used by third parties;
j) disrupt the normal flow of a dialogue, cause the video to play at a speed that makes it impossible for the users of the Services to type, or act in a manner that negatively affects other users' ability to communicate in real time;
k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
l) intentionally or unintentionally violate, any applicable law or regulation;
m) stalk or harass in any way third parties;
n) collect or store personal data about other Users without their explicit consent.
The User identifies Face&Place as a necessary tool to meet his/her requirements and recognizes its central and important role, agreeing not to contact directly the owners of the properties described on this platform. Any User that may try to “overcome” Face&Place, aiming at making economic profit from choosing the location, agrees to take any responsibility of his/her actions, taking care of any compensation fr any damage, even if not patrimonial, eventually caused to Face&Place as as well as to the owners of the properties. Face&Place also declares to be exclusive owner of the pictures and content hosted on the website; Face&Place also acknowledges the possibility to search for and/or to have found information from public lists. In case the User might consider any of his/her rights infringed please contact us immediately at email@example.com. The user expressly declares not to use any content (i.e. take any pictures or information from the website) neither for personal reasons and/or for other non-profit reasons, without Face&Place's authorization. Face&Place and people designated by Face&Place itself (including the webmaster) reserve the discretionary right - without assuming any obligation to do so - to refuse or remove any Content that is available via the Services. Face&Place and the people nominated by Face&Place reserve the right to remove any Content that violates the TOS or is otherwise objectionable. The User agrees to evaluate, and bear in mind all risks associated with the use of any Content, including any reliance on the accuracy, completeness or usefulness of such Content. The User acknowledges and agrees that Face&Place has the right to store the content and disclose it to third parties as follows:
a) to third party companies, with the aim of providing the User with the Content in an efficient way ;
b) for the purpose of managing the User's account according to the standard operating procedures of Face&Place or its associated companies;
c) whether it is required by law or if Face&Place believes in good faith that it is necessary in order to: participate in a legal process; enforce the TOS, respond to claims of any Content violating the rights of third parties; protect the rights, the property or Face&Place's security requirements, its users and the public.
The User understands, acknowledges and agrees that the technical processing, transmission or distribution of the Services, including his/her produced Content, may involve:
a) the transmission or distribution of content on or through other networks, and
b) the need to make changes to conform and adapt that Content to the technical specifications of the equipment or network connection.
7. SPECIAL NOTICE FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, the User agrees to comply with all local rules regarding online conduct and Content. In specific, the User agrees to comply with all applicable laws regarding the transmission of data and Content exported from the country in which it resides.
When the User is on any Face&Place International property, Face&Place is bound to comply with the Terms of Service and applicable laws governing this site, and by the Italian law (jurisdiction is the court of Milan).
8. PUBLIC CONTENT
For the purposes of the TOS, all those areas to which access is allowed, without limitation to the public (no need for registration/log in) are to be considered "areas of the Service accessible to the public". With respect to Content inserted by the user in areas accessible to the public and which consists of photographs, images or other graphics files that the User plans to put in any area of the Services accessible to the public, the User gives Face&Place the universally valid , free and nonexclusive license to reproduce, modify, adapt and publish such Content, just for the purpose of displaying, distributing and promoting Face&Place.
This license is valid only for the time during which the User wants to keep such Content on the Services and, therefore, shall be automatically revoked when such Content will be removed from the Services.
With respect to all other Content inserted by the User in the other areas of the Services accessible to the public, the User gives Face&Place the license-free, irrevocable, non-exclusive and freely sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display such Content (in whole or in part) worldwide and / or to incorporate it in other works in any form, media or technology currently known or to be developed in the future.
The User declares and guarantees to indemnify and hold harmless Face&Place and the persons connected with it or controlled by it, its representatives, employees and all its partners from any liability, including reasonable attorney's fees, that may arise from the Content transmitted or sent by the User, from the use of the Services, from the connection to the Services by the User, by a breach of the rules governing their use, or a violation of the rights of third parties. The User is aware of the fact that Face&Place has made its relationship with the owners of the locations conform to rules, with and distinct and appropriate contracts. The User, therefore, acknowledges Face&Place as the owner of the content present on the website, and declares to have no expectations and/or objections about it.
10. ASSIGNMENT AND COMMERCIAL USE OF SERVICES
The User agrees not to reproduce, duplicate, copy, sell, perform framing, resell, and not to commercially exploit the Services, the pictures and the content posted and / or any part of them, including the use or access to the Services. The User may not under any circumstances also transfer its obligations arising from these TOS, in whole or in part, to third parties. Face&Place reserves the unilateral right to transfer its obligations to third parties ( as arranged and explained in these TOS), without having to give any notice to the User.
11. GENERAL PRACTICES REGARDING USE
The User acknowledges that Face&Place may establish general rules and limitations concerning the use of the Services, including, for example, the maximum number of days that email messages, message board postings or other uploaded Content will be kept in the Services section, the maximum number of email messages that may be sent from or received by an account of the Services and their maximum size, the maximum disk space that will be allotted on servers Face&Place, as well as the number of times (and the maximum duration of each of them) in which the user may access the Services in a given period of time. The User also acknowledges and agrees that Face&Place cannot in any way be held responsible for the cancellation of incorrect or storage of any messages and other communications or other Content saved or transmitted through the Services. The User acknowledges that Face&Place has the right to log off accounts that are inactive for an extended period of time, provided that such period shall not be less than 4 months.
12. MODIFICATIONS TO THE SERVICES
Face&Place reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (even partially) with or without notifying the User. The User also acknowledges and agrees that Face&Place cannot in any way be held liable by the User or by any third party for any modification, suspension or discontinuance of the Services.
13. USER ID AND PASSWORD - SUSPENSION, INTERRUPTION OF SERVICES
The User acknowledges and agrees that Face&Place may, at its sole and absolute discretion, disable the password and account or prevent him/her from using the Services, and remove or reject the deployment of a Content within the Services. For example, Face&Place may exercise such right in the event that the User fails to use the Services or Face&Place believes that the User may have violated or acted in a inconsistent manner or in conflict with the letter or spirit of the TOS. Face&Place also reserves the right, at its discretion and at any time, to terminate or suspend the provision of the Services, without any notice. The User acknowledges and accepts that any suspension or termination of access to the Services in accordance with the provisions of these TOS may also take place without notice. The User also acknowledges and agrees that Face&Place may immediately deactivate or delete the account and any related information and files in his/her account and / or bar any further access to such files or the Services. In addition, the User agrees that Face&Place is not to be considered in any way responsible for any termination of the User's access to the Services.
14. DEALINGS WITH THE ADVERTISERS
The relationships or the User's participation in promotions with advertisers found on this site, including delivery or payment for goods or services or any other contractual term, conditions, warranties or representations associated with such dealings or promotions, are solely between the User and the advertiser. The User therefore acknowledges and agrees that:
a) Face&Place cannot in any way be held liable for any damage that may occur to the User as a result of such business or because of the availability of such items within this site;
b) any order made or any specifications and product availability appearing on this site is subject to the terms and conditions and the confirmation by the trader of the product and / or its agent.
The Services, other Users or third parties may provide links to other sites or other web resources. The User further acknowledges and agrees that Face&Place cannot in any way be held responsible for the operation of such external sites or web resources. Face&Place cannot control and is not in any way responsible for the content and advertisements published on such external sites or resources or the products or services offered or traded. The User also acknowledges and agrees that Face&Place is in no way responsible, directly or indirectly, for any damage suffered by the User in relation to the content of the sites or the purchase of goods or services provided through these sites.
16. PROPERTY RIGHTS Face&Place
The User acknowledges that the Services and any necessary software used in connection with the Services ("Software") is protected by the laws on intellectual property and / or industrial ("Code of copyright and industrial property", L. 633/41 and subsequent amendments, "Civil Code"). The User also acknowledges and agrees that Content contained in sponsored advertisements or information presented to the User through the Services or the advertisers is protected by the rules of copyright, trademark, patent or other intellectual property rights and / or industrial. Apart from when the User is expressly authorized by Face&Place or by the advertisers, he/she agrees not to change or alter in any way (either free of charge or for consideration) and not to distribute, or create derivative works based on the Services or the Software, neither wholly nor partially . For the only purpose of using the Services, Face&Place gives the User personal, non-transferable and non-exclusive license to use the Software on a single computer only, meaning that the User may not copy, modify, create derivative works from the Software. The User may not try to discover any source code, sell, assign, sublicense, grant or transfer to third parties any right on the Software, nor allow third parties to do so. The User agrees not to access the Services through any interface other than the one provided by Face&Place.
17. DISCLAIMER OF WARRANTIES BY Face&Place
The User understands, acknowledges and agrees explicitly that:
a) the use of the Services is at his/her risk. The Services are gradually provided "AS THEY ARE'" and "AS AVAILABLE" and therefore Face&Place takes no liability on their use and availability, timeliness, deletion, failure to deliver or store any communication or personalization by the User . Face&Place excludes any kind of warranty, expressed and / or implied. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose or quality of the Services.
b) Face&Place does not guarantee that:
I. the Services will meet User's requirements
II. the Services will be provided free from interruptions, on time, safely or without any errors
III. The User's expectation to get accurate and reliable results by using the Services
IV. the quality of the products, services, information or other material purchased or obtained through the Services will meet the User's requirements or that
V. any errors in the software will be corrected.
c) Any Content downloaded or otherwise obtained from or through the Services is obtained at the sole and absolute discretion and sole risk of the User and the User is solely and exclusively responsible for any damage to his/her computer and / or PDA and / or any kind of terminal and model, or loss of data that results from downloading such material or using the Services.
d) opinions, advice or information, whether written or oral, given to the User by Face&Place or obtained from or through the Services, shall imply any warranty not expressly established under the TOS.
18. LIMITATIONS OF LIABILITY OF Face&Place
The User acknowledges and agrees that Face&Place shall in no event be liable for any damages of any kind or nature, even for the loss of profits, goodwill or business data (even if Face&Place has been previously advised of the possibility of such damages for the user), due to:
I. the ability or inability to use the Services;
II. the cost of procurement of goods and / or alternative services in relation to the goods and / or services purchased or obtained through the Services;
III. an unauthorized access to or alteration of the User's dissemination of information or his/her personal data;
IV. any third parties' statements or conduct.
Nothing provided in this Agreement shall have the effect of limiting or excluding the liability of Face&Place in case of damage resulting from misconduct or serious negligence.
19. SPECIAL WARNINGS FOR SERVICES RELATING TO FINANCIAL MATTERS
If the User wants to create or take part in the Services, receive or request any news, messages, alerts or other information from the Services concerning the world of business or finance, please read the previous Articles 17 and 18 once again. The above provisions apply especially to this type of Users. The Services are provided for informational purposes only and, therefore, no Content included in the Services is to be considered available for trading or investment advice. Face&Place shall in no event be liable for the accuracy, usefulness or availability of any information transmitted via the Services and will not be responsible for the use that the User decides to make, including the right to carry out transactions or investments exclusively based on such information.
Any kind of communication between the parties must be in written from and may be sent either by e-mail or by ordinary mail and / or fax. Face&Place will make announcements regarding changes to the TOS or other matters by posting general notices through the Services to the Users or links to such notices.
21. REGISTERED TRADEMARK INFORMATION
The trademarks Face&Place, logo Face&Place, Face&Place written in ideograms, as well as any other translation, including the Face&Place graphics, service marks, and all the other Face&Place logos, product names and services are to be considered property of Face&Place. The User agrees not to use the Marks in any way without prior consent from Face&Place.
22. COPYRIGHT AND LICENSORS
Face&Place respects the intellectual property rights and / or industrial property of third parties and expects its Users, even if not registered, to do the same. Anyone who feels that a right of intellectual property and / or industrial property has been infringed through the Services, please refer to our Copyright Policy.
23. APPLICABLE LAW AND JURISDICTION
These TOS and the relationship between Face&Place and the User are governed by the Italian law. Any dispute concerning, arising from or related to these TOS as well as the use of the Services will be referred to the jurisdiction of the Court of Milan, notwithstanding the current regulations applied to the consumer services available in the Consumer Code.
These TOS constitute the entire agreement between the User and Face&Place and regulate the use of the Services, going beyond any previous agreement between the User and Face&Place. In addition, the User must adhere to any additional terms and conditions related to the use of the services or related to third-party content or concerning the rules for the use of software from third parties. The fact that Face&Place may fail to exercise a right provided by law or the TOS does not constitute a waiver of such right or provision. In case one or more provisions of the TOS may be declared invalid in court, the parties agree that the judge should in any case try to maintain the effectiveness of the agreements between the parties, as specified in this Agreement, so that and the other provisions of the TOS remain totally valid and effective.The titles of the articles are purely indicated to make them easy to be referred to and have no legal effect. The terms with capital letters used in singular have the same meaning as the ones used with a capital letter in plural and vice versa.
Any violation detected directly by Face&Place and / or reported by the User and / or third parties, shall be communicated to the Judicial Authority.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE OF THE SERVICES ("TOS")