iCoolhunt's interim legal representative: Mr. Alessio Morena ("Supplier" or "Us" or "We") provides the www.icoolhunt.com site and various related services (collectively, the "Service") to you, the user ("User"), subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written Agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Service are effective as of April 20th, 2010. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and Agreement to abide and be bound by the modified Terms of Service.
iCoolhunt's interim legal representative, Mr. Alessio Morena, lab10100 srl, Corso G. Ferraris, 71, Turin, Italy, Fax: +39-0115805174 Email: info@icoolhunt.com
User
now, therefore,
the parties enter into the following Agreement.
1.1 The foreword and recitals are an integrating, substantial and essential part of this Agreement and must be interpreted in unison and inseparably from the Agreement.
1.2 It is assumed that the User is in knowledge of and has accepted all the technical and information science related terms and concepts used throughout the Agreement, including the foreword.
2.1 The subject matter of this Agreement consists of making a sole entertainment service (Service) available to the User free of charge.The Service offers standard level safety characteristics and the User can use and enjoy it by following the instructions and precautions for use given at the "www.icoolhunt.com" website.
2.2 It is understood that all rights and including the economic and commercial rights to use and enjoy the entire content (excluding none, except for illegal, forbidden, immoral and offensive content, as specified in detail below) created and/or made public by the User while enjoying the Service governed by this Agreement are granted to the Supplier automatically and free of charge, which, at its unquestionable discretion and without having to obtain prior authorization from the User, can use them to perform statistics or market research, archive, reproduce, extrapolate and give them to third parties free of charge and/or at a charge, divulge and publish them at its own sites or those of third parties and do anything else that the Supplier deems useful. In order to allow for traceability on the network and for public safety and order, the Supplier may affix the User's identification on the content created and/or made public by the Users while using and enjoying the Service governed by this Agreement.
2.3 The User renounces expressly and in advance to any kind of direct or indirect economic right and/or claim from the Supplier for the Supplier's use or lack of use of the content that will be created and/or made public by the User while using and enjoying the Service governed by this Agreement.
2.4 Without any reservations, the User allows the Supplier to conduct any kind of licit operations, including commercial and/or marketing operations on the content created and/or made public by the User while using and enjoying the Service, on its own behalf or on behalf of third parties. Once the User creates and/or makes public such content, he/she cannot claim them back and, as a consequence, the User cannot object to the Supplier's use and/or enjoyment thereof to the extent the Supplier deems it useful.
2.5 Concerning the content created and/or made public while using the entertainment service, the User agrees that the Supplier may make a profile of the User available directly or indirectly for commercial and/or marketing purposes and/or statistics and that the Supplier reserves the right to give them to third parties free of charge or at a charge or for processing only.
3.1 The User acknowledges that he/she must sign up by entering all the necessary information, excluding none, requested during the registration process in order to use and enjoy the entertainment service governed by this Agreement. Should the User fail to do so, he/she may not access the entertainment service conceived and created by the Supplier.
3.2 Following successful registration (which also applies to signing the Agreement and Privacy Policy), the User can activate and access the entertainment service governed by this Agreement.
3.3 In order to access the entertainment service governed by this Agreement, first the User must get authenticated by entering his/her "User Id" and alphanumeric password that he/she created and entered during registration. The User shall bear the sole liability for the conservation and secrecy of his/her password in case of theft, loss, duplication and unauthorized use by third parties (individuals and/or judicial persons), and the User does not have the right to make claims and/or demands of any nature or type from the Supplier, which declines any liability regarding this issue.
3.4 All intellectual and industrial property rights, excluding none, as well as the rights to enjoy the entertainment service governed by this Agreement (i.e. the Service) belong to and are of the Supplier exclusively. The User may not modify, alter or integrate them directly or indirectly by any means and the User may not transfer them to third parties (individuals and/or judicial persons) even free of charge. The following are registered trademarks, trademarks or service marks of iCoolhunt's interim legal representative: Mr. Alessio Morena or its Affiliates: "iCoolhunt", "Trenditory". All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of iCoolhunt or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of iCoolhunt or its Affiliates.
3.5 The User acknowledges expressly, without any reservation, that all the useful and necessary, direct and indirect works and activities to make the entertainment service governed by this Agreement up and running are exclusive property of the Supplier and the Supplier grants the User with those rights temporarily with a free license for use for purposes strictly pertaining to enjoying the Service concerned. The Supplier expressly reserves the right to revoke that license for use at any time and at its unquestionable discretion, and this may not yield in or accrue rights and/or demands and/or claims of any nature of the User.
4.1 The User expressly acknowledges and commits himself/herself to use the entertainment service governed by this Agreement for personal scopes exclusively, excluding any commercial, economic, professional, political, racial, mutual, propaganda scopes and/or kind, purpose and interest other than those pertaining to personal entertainment.
4.2 The User acknowledges the express prohibition of using the entertainment service governed by this Agreement illegitimately and/or illegally and for that matter, the User declares that he/she is fully aware that the Supplier expressly prohibits publishing materials and/or content created by the User that are deemed to be illegal by the laws in vigor. The following materials and/or content are considered to be illegal and forbidden, which the User may not create and/or make public, even indirectly, including but not limited to:
4.3 As regards the content of item 4.2 above, the Supplier reserves the right at its unquestionable discretion to consider and undertake any action that it may deem most opportune, including by legal ways, against the User or group of Users, who breach the terms and conditions for use given above, including, but not limited to, removing the content concerned from its entertainment service, annulling the membership of the person responsible (and/or people responsible) for the breach, and the Supplier expressly reserves the right to report them to competent Authorities.
4.4 Further, regarding the content of item 4.2 above, the User:
4.5 The User expressly guarantees that the material and information uploaded and content created and/or published while using the Service are original and do not violate the privacy, copyright, industrial and intellectual property rights of third parties (public and/or private individuals and/or judicial persons);
4.6 The User acknowledges and declares that he/she is the sole person responsible for the content created and/or published while using the Service and, consequently, he/she declares that he/she shall keep the Supplier unharmed from any kind of responsibility that may directly and/or indirectly arise from the creation of the abovementioned content and/or publishing thereof.
4.7 The User is unconditionally obliged to autonomously make copies of the content created and/or published, data and any other information uploaded and/or retrieved during the use of the entertainment service governed by this Agreement and for that purpose, the User shall keep the Supplier unharmed from any liability that may arise, including indirectly, from the loss, damage and theft of the abovementioned content, publication, data and any other information.
4.8 The User acknowledges that he/she is the only person responsible for the confidentiality and secrecy of his/her user identification name ("User Id") and alphanumeric password created and set during registration, hence he/she expressly keeps the Supplier unharmed from any direct and/or indirect damages that may affect the User or the Supplier or third parties (public and/or private individuals and/or judicial persons) owing to failure to abide by the confidentiality and secrecy obligations mentioned, including those caused by access to the entertainment service by unauthorized third parties (individuals and/or judicial people).
4.9 In case of theft, misplacement, loss, appropriation, modification (or any similar event) of the user identification name ("User Id") and alphanumeric password created and set during registration, the User binds himself/herself to change his/her alphanumeric password immediately and inform the Supplier in writing.
4.10 The User expressly keeps the Supplier unharmed from any responsibility arising directly and/or indirectly from unauthorized and/or illegitimate and/or illegal use of the material published or created by the User while using and enjoying the entertainment service governed by this Agreement by third parties (individuals and/or judicial persons).
4.11 As regards the material and information uploaded and content created and/or published while using the Service, the User acknowledges that safety measures taken by the Supplier to protect the Service are to be considered medium-level standard measures. As a consequence, the User binds himself/herself expressly not to upload any confidential, sensitive or judicial documents and/or information and/or material of any type in order to keep the Supplier unharmed from any direct or indirect liability and violation of the abovementioned commitment, also by third parties.
5.1 The Supplier expressly reserves the right and power to do the following at its unquestionable discretion and without having to obtain any prior and/or successive consent from the User:
5.2 When the Supplier exerts its right and/or powers mentioned in item 5.1, the User will not accrue any right, claim or option to demand or claim for indemnification and/or compensation whatsoever from the Supplier.
5.3 Should the User break the laws while using the entertainment service (Service) or should he/she breach even one of the prohibitions set forth in this Agreement (and, in particular, those foreseen by art. 4.2), the Supplier not only can deactivate the service, it can also eliminate all or part of what was published and/or created by the User illicitly, and reserves the right to report to the competent Court Authorities and submit the material illicitly published and/or created by the User to the Court Authorities. The Supplier can undertake similar actions also when it receives reports from third parties (public and/or private individuals and/or judicial persons) claiming that the User is breaching legal and/or contractual terms.
5.4 The User expressly acknowledges the fact that the Supplier does not answer to and cannot be held liable for any direct or indirect damages affecting the User and/or User's computer in case the entertainment service goes off-line owing to Force Majeur and/or fortuitous events and/or causes that can be ascribed to third parties (public and/or private individuals and/or judicial persons), including in case legal provisions which are not known today take effect.
5.5 At its unquestionable discretion, the Supplier can eliminate any content and/or publication of the User which breaches, even potentially, the contractual terms and conditions or are offensive, illegal, breach the rights of others or constitute a damage or threat to the safety of anyone. For that matter, the Supplier denies any liability concerning the control of the content or inappropriate behaviour shown by the User within the entertainment service. The User is the only and exclusive person responsible for the content created and/or published while using the entertainment service, as well as the material or information sent to other member Users or interactions with them. The Supplier does not approve or check the content in advance, and it is not revised by the Supplier before the User publishes it. As a consequence, such materials do not necessarily reflect the opinions and/or criteria of the Supplier.
5.6 The Supplier does not issue any express or implicit guarantees directly or indirectly regarding the accuracy and reliability of both the content created and/or published and the material and/or information sent by the User to other member Users while using the Service governed by this Agreement.
5.7 The Supplier is not to be held liable for any damages suffered by the User's computer systems and/or loss of data that the User may have when enjoying the entertainment service governed by this Agreement.
5.8 The User acknowledges and declares that he/she is fully aware that the Supplier does not run any direct and/or indirect brokerage activities for commercial businesses between the User and other member Users of the entertainment service provided by the Supplier.
5.9 The Supplier is not responsible for checking the truthfulness and/or conformity and/or authenticity of the information uploaded and content created and/or published by other member Users. It is understood that autonomously checking the validity, truthfulness, conformity and authenticity of any material created and/or published by others while using the Service is at the expense of the User exclusively.
6.1 It is expressly forbidden for the User to transfer the entertainment service (Service) governed by this Agreement to third parties (public and/or private individuals and/or judicial persons) directly and/or indirectly, in any form and/or for any purpose.
6.2. The User grants the Supplier the right to transfer this contract to third parties (public and/or private individuals and/or judicial persons) or replace itself with third parties in relations arising from this contractual Agreement in any form, free of charge and/or at a charge, at its unquestionable discretion and without prior advise. Also in that case, the User may not make claims for and/or demand any indemnification from the Supplier.
6.3. Apart from the prohibition of the User to tamper with and/or breach and/or reproduce the Service, it is expressly forbidden for the User to duplicate the Service directly and/or indirectly in any form and/or for any reason, or make changes and/or integrations to it without obtaining prior authorization from the Supplier in writing.
7.1 This Agreement will be considered completed by the parties provided only that the User undersigns it (by checking all the "I accept" flags or clicking the "Join" Button) and it will be open-ended.
7.2 Owing to the fact that the entertainment service governed by this Agreement is provided to the User free of charge, the Supplier can recede from the contract and stop providing the entertainment service at any time, without bearing any burden for advising the User in advance and/or justifying itself before the User.
7.3 The User can recede from the contract and stop enjoying the entertainment service at any time, without bearing any burden for advising the Supplier in advance and/or justifying himself/herself before the Supplier and he/she will not be bound, wherever applicable, as foreseen by art. 64 of the Legislative Decree nr. 206, September 06th, 2005 ("Consumer Act")
7.4 Owing to the fact that the entertainment service is provided by the Supplier free of charge, the User issues a wide, prior and unconditional authorization to the Supplier to expressly acknowledge that the Supplier shall keep its right to use and/or enjoy the content (excluding none, except for illegal, forbidden, immoral and offensive materials) created and/or published by the User while using and enjoying the Service governed by this Agreement, free of charge and/or at a charge to third parties, also after the termination and/or rescission from this contract by any means.
8.1 Owing to the fact that the entertainment service is provided by the Supplier free of charge, the Supplier reserves the right to modify and/or integrate all or part of the contractual terms and conditions of this Agreement unilaterally upon informing the User. Should the User fail to accept it in writing (by checking all the "I accept" flags or clicking the "Join" Button), the contract will be terminated immediately and unconditionally, and the User shall not have any right and/or make claims for indemnification and/or economic compensation.
8.2 Every correspondence from the Supplier to the User will be communicated by sending a message to the e-mail address entered by the User during registration or by publishing the Supplier's announcements on the "www.icoolhunt.com" site and will be considered to have been received and known by the User. The User expressly acknowledges in advance the methods used by the Supplier for correspondence.
8.3 The User must send any communication, report, complaint to the Supplier first by email to the address "info@icoolhunt.com" and then by registered mail with return receipt to the Supplier's address as follows: lab10100 srl, Corso G. Ferraris, 71, 10128 Turin (Italy). Failure to send registered mail with return receipt will make the correspondence sent by the User to the Supplier incomplete.
8.4 Should the User be certain and/or suppose with a certain degree of substantiality that third parties have breached, including partially, the entertainment service provided by the Supplier, he/she must inform the Supplier immediately both using the "button" made available for the Users while they are using the Service and by sending an e-mail to the address "info@icoolhunt.com."
8.5 Apart from the provisions of the contract regarding the identity of the Supplier, essential characteristics of the entertainment service, existence and application of the right to recede, different technical steps to undertake to enter into the contract, the User also declares that he/she has received and acknowledged the following additional information:
9.1 The User acknowledges that this contract Agreement is governed by Italian Laws and, for issues not expressly addressed in this deed, Italian Laws applicable to relations and events foreseen by this Agreement will apply.
9.2 Any dispute that may arise between the parties concerning this Agreement, including its validity, interpretation, execution and resolution will be remitted to a board of Arbitrators, consisting of three arbitrators with Italian Citizenship, who shall be appointed as follows: one appointed by each one of the parties and the third one appointed by the first two arbitrators, acting as the President. The arbitrators shall rule over the dispute according to Italian Laws, abiding by norms of proceedings as per art. 806 and following articles of Italian Civil Procedural Code. The board of arbitrators shall decide according to the law following standard procedures.
10.1 The Supplier commits itself to process the information submitted by the User during registration by fully abiding by the principles and norms as per the Legislative Decree nr. 196 of June 30th, 2003 (Personal Data Protection Code), as well as adopting minimum safety measures as foreseen by Attachment B of the abovementioned legislative decree (i.e. Technical Discipline on minimum safety measures - Art. 33 through 36 of the Personal Data Protection Code, in effect as of January 1st, 2004.)
10.2 The User expressly declares that he/she has read the Privacy Policy foreseen by art. 13 of the Legislative Decree N. 196 of June 30th, 2003 (Personal Data Protection Code - the so-called "Privacy Code") and, hence, that he/she is fully informed about the ways in which and purposes for which the data submitted to the Supplier is processed.
11.1 Voidness of an article or a part thereof or voidness of a part of this contract Agreement does not automatically cause the voidness of the remaining parts.
12.1 The User expressly declares that he/she has thoroughly and properly understood the whole text, meaning and consequences of this contract Agreement and affirms the agreements foreseen by each and every one of the articles and/or sub-articles without reservations.