General Terms and conditions
Please read the contents below carefully. In the event that parents or guardians consent to minors using the web site services, they accept their responsibility for the conduct of minors online, the access controls, as well as for the consequences arising from misuse of the web site services by minors.
Dear Friend, You are in the www.unhatefoundation.org site (hereinafter referred to as the "Site") of Bencom S.r.l. You can use this site to express your opinions, insert images and texts (hereinafter referred to as "Contents"). The image you upload will be matched randomly with the image of another user and/or in any case an image uploaded by another user.
We trust that you will use these facilities to promote the exchange of information and exercise your freedom of expression in accordance with the following general terms and conditions of use (hereinafter referred to as "Conditions of Use"). Your violation of the Conditions of Use may result, among other things, in the suspension or cancellation of your access to the web site. You can insert images, express your ideas and beliefs provided they do not violate the current laws of our legal system and comply with the Conditions of Use.
Whoever uses the Site (hereinafter referred to as the "User") shall accept the Conditions of Use when registering.
How to access the services offered in the site.
Firstly it is necessary to register before using the Site. Registration can be carried out on the Site as well as through the social networks facebook and twitter (www.facebook.com and www.twitter.com). This registration is free of charge, reserved for persons of legal age and requires acceptance of the Conditions of Use. Registration is preceded by insertion of a detailed information sheet, the necessary requests for consent or, in the case of social networks, by giving express consent to the application.
To register the User must give his/her name and surname, e-mail address and password (hereinafter referred to as "Credentials"), which the User can choose freely. The password required to access the Site will then be sent to this e-mail address. This e-mail address must therefore be active and a true address, otherwise the registration will be unsuccessful. The User undertakes and guarantees that the registered details will be kept up to date.
The Credentials are strictly personal and the User is therefore responsible for all activities carried out by using them. The User undertakes to send a communication immediately to the e-mail address firstname.lastname@example.org if he/she realizes there has been misuse of the Credentials. In this respect it is hereby specified that Bencom S.r.l. will, in no way, be liable for loss or damage due to breach of the obligations of security that are the responsibility of the User, or for any damage caused by actions or omissions of the User. Should the User provide false, out-of-date or incomplete information and should there be a reasonable doubt regarding the truthfulness of the data provided, Bencom S.r.l. reserves the right to erase the image, suspend or block access through the User's Credentials and to deny the User use of the Site. The foregoing is without prejudice to the right of Bencom S.r.l. to suspend or permanently stop providing the Site service at any time and without the need to give notice. The User may not transfer to a third party the right to use the Site, or to use the Site for commercial purposes, or to use the Site for personal purposes.
Bencom S.r.l. may change these Conditions of use at its discretion at any time and the User will be advised thereof through a communication. Should the User use the services after said changes have come into force, it implies full acceptance of said changes.
By registering and accepting the Conditions of Use, the User accepts his/her own exclusive responsibility for the Contents that he/she sends. In this respect the User declares and guarantees that he/she is the actual person depicted in the image/picture and/or is entitled to use and/or upload such image. The User undertakes to hold harmless Bencom S.r.l. and the companies controlled by or associated with the same in accordance with section 2359 of the Italian Civil Code, also after subscription to the Site has ceased for whatsoever cause, from all and any claim, disturbance, dispute or demand, in or out of Court, by third parties or competent authorities, which, in any case, are in contrast with the declarations, guarantees and obligations of the User. The User also undertakes to compensate all and any damage or harm suffered by Bencom S.r.l., and the companies controlled by or associated with the same in accordance with section 2359 of the Italian Civil Code, in respect of disputes for the infringement of third party rights having the Contents as their subject matter. To this end the User undertakes to pay all and any sum that is due to third parties related to claims and disturbances as mentioned above and therefore to hold harmless Bencom S.r.l., and the companies controlled by or associated with the same in accordance with section 2359 of the Italian Civil Code, from costs and expenses, also when reclaimable.
The User undertakes, in particular, not to send Contents to the Site that are: (i) racial, abusive, hateful, pornographic or with sexual undertones and in any case of an obscene nature or an offence against public morality and public order; (ii) in infringement of industrial and intellectual property rights of third parties; (iii) in any way or any form whatsoever offensive, prejudicial or defamatory towards third parties, or that encourage conduct that would constitute a criminal offence; (iv) an advertisement or a sponsorship; (v) in breach of laws or regulations; (vi) in breach of children's rights; (vii) in infringement of the right of personal portrayal of third parties who have not given their consent to the publication of their images; (viii) in breach of third party rights to privacy.
The User is the sole person responsible for ensuring that any material or information posted anywhere on or through the Site - including but not limited to texts and photographs - does not infringe the image, copyright, trademark, trade secret, or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. The User agrees that by posting any material or information anywhere on the Site, Bencom S.r.l. is entitled to use, at its sole discretion, any of the posted material or information in any manner it deems fit, including, but not limited thereto, inserting the Contents on social networks such as facebook and twitter and publishing the material.
Bencom S.r.l. may therefore remove the Contents from the Site at any time at its sole discretion and inhibit access by the User as well as delete the User's registration at any time and for any legitimate reason whatsoever without notice. Bencom S.r.l. may also inform the competent Authorities, where appropriate, whenever it becomes aware of unlawfulness or immorality of the submitted Contents or unlawfulness or immorality of the User's behaviour.
Under no circumstances may Bencom S.r.l. be held responsible for Contents that may be improper, offensive or indecent and, due to errors or omissions, in any case transmitted by means of the Site.
The User permits Bencom S.r.l. to file and keep the Contents and to communicate them: (a) for requirements of the law; (b) following request by a judicial or administrative authority; (c) to defend itself in third party proceedings; (d) for protection of its rights and security as well as those of the users and the public in general.
IF THE USER PUBLISHES PERSONAL INFORMATION, THERE IS A POSSIBILITY THAT THIRD PARTIES COULD HARASS THE USER, ATTEMPT TO CONTACT HIM/HER, AND, TRY TO HARM HIM/HER. IT IS THEREFORE IMPORTANT THAT BEFORE DISCLOSING AND PUBLISHING PERSONAL INFORMATION THE USER CAREFULLY CONSIDERS THAT SUCH DISCLOSURE AND PUBLISHING ARE MADE AT HIS/HER OWN RISK.
DISCLAIMER OF WARRANTIES. THE USER EXPRESSLY AGREES THAT USE OF THE SITE IS AT HIS/HER OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE SITE IS GIVEN OR ASSUMED BY BENCOM S.R.L. BENCOM S.R.L. MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER'S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.
BENCOM S.R.L. MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH THE SITE FOR ANY PURPOSE NOR ABOUT ITS LEGITIMACY, LEGALITY, VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS. ALL SUCH INFORMATION IS PROVIDED SOLELY BY THE USER. THE INFORMATION DELIVERED OR RECEIVED ON OR THROUGH THE SITE IS NOT REVIEWED, CONTROLLED OR EXAMINED BY BENCOM S.R.L. IN ANY WAY BEFORE IT APPEARS ON THE SITE. BENCOM S.R.L. DOES NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENTS OF ANY SUCH INFORMATION. USERS ARE SOLELY RESPONSIBLE FOR THE CONTENTS OF THEIR MESSAGES AND IMAGES, AND MAY BE HELD LEGALLY LIABLE OR ACCOUNTABLE FOR THE CONTENTS OF THE MATERIAL UPLOADED (INCLUDING, WITHOUT LIMITATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS).
Bencom S.r.l. does not actively monitor, nor does it exercise any editorial control over the contents of the Site, images, messages or other material or information created, uploaded, obtained or accessible through the Site. Bencom S.r.l. reserves all rights, however, to remove any material which it becomes aware of that is unlawful or which it considers, at its sole discretion, to be potentially unlawful or simply inappropriate, or non compliant with the Conditions of Use, or infringing these Conditions of Use.
Bencom S.r.l. reserves the right at its sole discretion to make improvement and/or change the Site as well as to cease to publish this Site and/or to provide the contents in the Site. Bencom S.r.l. also reserves the right at its sole discretion to delete, remove or cease to publish all and any contents, messages, information, data, material, pictures or photos that are actually or will be published herein or that the User has or will post, upload, submit, send or in any way provide to the Site for transmission.
Limitation of liability
UNDER NO CIRCUMSTANCES SHALL BENCOM S.R.L. BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COPYRIGHTS, IMAGE RIGHTS, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE INFORMATION OR THE TRANSMISSION OR THE DELIVERY OF MESSAGES OR THE CONTENTS OR ANY PART THEREOF, OR FOR THE RESULTS OBTAINED FROM THE CONTENTS OF THE MESSAGES), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF OR OCCASIONED BY THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR MISUSE OF THE SITE EVEN IF BENCOM S.R.L. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO THE USER.
The Site may contain third party links. These links allow the User to exit from the Site, and to enter into third party or other users' websites. The inclusion of a link does not imply endorsement of the link site by Bencom S.r.l. The links are not controlled, overviewed or examined by Bencom S.r.l. Bencom S.r.l. is not responsible for the contents of any link site or any link contained in any link site. Under no circumstances shall Bencom S.r.l. be liable for damages arising from or occasioned by the creation or use of third party websites or other users' websites, or the information or material accessible from any link site. Bencom S.r.l. reserves all rights to remove, add or decline without notice, any icon or link to a link of websites.
Bencom S.r.l. has no practical ability to restrict all conduct, communications or content which might violate these Conditions of Use prior to the transmission on or through the Site, nor can Bencom S.r.l. ensure prompt removal of any such communications or content after transmission or posting. Accordingly, Bencom S.r.l. shall not be liable to users or others for any failure to enforce the terms of these Conditions of Use.
Bencom S.r.l. is in no way responsible for the Contents sent by the User to the Site. The Site services are provided without any guarantee, either explicit or implicit.
Bencom S.r.l. undertakes, within the limits of its possibilities, to provide the service, but may not be held liable for any damage, loss of data, information or other damage due to delay, lack of or imprecise information, restrictions or loss of access, difficulties or problems of any type, errors, unauthorized use during access to the service or other forms of interaction in the service. Bencom S.r.l. offers no guarantee and it is not responsible should: (i) the service not satisfy the User's needs; (ii) the service not be carried out without interruption, (iii) the service not be prompt or error-free; (iv) the information or results not always be precise and reliable; (d) there be inconveniences or defects in the Site management software. Bencom S.r.l. is relieved from all and any liability for any damage arising out of or connected with inaccessibility to the Site services or caused by viruses, damaged files, errors, omissions, interruptions in the service, erasure of contents, problems of connection to the network or providers or to telephone or telematic connections, unauthorized access, alteration of data, failed or faulty operation of the User's electronic equipment.
These Conditions of Use are governed by Italian law. The interpretation and application of these rules are subject to the exclusive jurisdiction of the Court of Treviso.