Important notice:The "Terms and Conditions of use of the service" template in this section is made available by Quentral only as a useful tool to help you set out one suitable template for your community. The template is therefore intended as a complimentary service to Quentral's customers and hence there is no guarantees that it may be the right template, depending on how you will decide to set up the service offered to your community. We would therefore like to draw your attention to the need to verify the template that you will submit to your users, together with your experts and advisors, to ensure that the template you adopt is adequate in relation to the service you are going to provide.
The terms and conditions of use stated herein govern the use of the Services offered by M.C.A. Events srl. By accessing the Site and using the related Services, the User accepts these terms and conditions of use and undertakes to fully comply with the obligations and rules detailed below. For this reason, we encourage the User to carefully read this document.
1. Company information
The Services referred to in these pages are offered by:
M.C.A. Events srl – Via A. Binda, 34 – 20143 Milano, Italy - Registro Imprese MI 1999 200692 – P. IVA 12858130151
Words with capital letters in this document, unless defined elsewhere, shall have the following meaning:
- Account: means the set of features, tools and contents attributed to a User in order to use the Services offered by M.C.A. Events srl
- Application: means any application or Website that uses, accesses or interacts with the Site.
- Avatar: means the image associated with the Profile of the User registered to the Service.
- Browser: means a program that allows the usage of the connectivity services on the internet, or of a network of computers, and to surf the World Wide Web.
- Cancellation:means the procedure through which an Account is permanently deleted.
- Contents: means anything the Users post on the Site by using the Service. The Contents posted on the Site are the result of the free decision of the User who creates and disseminates its own Contents when using the Service.
- Data/Users' Data: means all the information relating to Users, gathered through the activity of collecting and processing required for the provision of the Service. This includes, but is not limited to, User's personal and identification data and data resulting from actions, behaviours, and interactions carried out by the User in connection with the Service.
- Intellectual property rights: means any intellectual property rights existing from time to time worldwide, under the applicable law, included but not limited to, the applicable law on patents, copyright, trade secrets and unfair competition and any application, renewals, extensions and restorations of such rights in force worldwide now or in the future.
- M.C.A. Events srl: means the term used to identify the subject that offers the Community Services, and/or the Community Services offered by it.
- Username: means the identifying name chosen by the User upon registration to the Service.
- Password: means a sequence of alphanumeric digits used for the exclusive access to the Service.
- Platform: means the basis of the software and/or hardware on which have been developed and/or run the applications necessary to provide the Community services.
- Profile: means a set of Data and Account Contents visible to any user of the Service.
- Registration: means the procedure by which the User creates its own Account by providing any Data required or necessary in order to use the Service.
- Site: means the website that hosts the Community of Birth.
- Service(s): means the features of usage offered through the Site.
- Company: means Quentral srl, that is the Company proprietor and owner of intellectual property rights and rights of economic use of the Platform, and subsidiaries, parent companies and affiliates, affiliated individuals or legal entities, directors, employees and contractors of the Company.
- User, Registered User or Member: means the user that has completed the Registration procedure to the Service.
3. Purposes and objectives of Birth
Birthis a social community that connects those Users who share the same interests. Access is only for Users who have previously Registered to the Service.
4. Acceptance of the terms and conditions of use of the service.
These terms and conditions of use must be accepted in order to use the Services offered by M.C.A. Events srl.
Acceptance of the terms and conditions of use is completed by creating your own Account by accessing the Registration procedure.
5. Provision of the Services
Registration is essential to access the Service.
The service offered by M.C.A. Events srl gives Members the opportunity to post their Contents created in accordance with this Contract and the law.
The Services may include advertising activities.
The User acknowledges and agrees that the Services offered may be subject to amendments and changes without the obligation for M.C.A. Events srl of anyprior notice and/or communication to the users of the Service.
The User acknowledges and agrees that M.C.A. Events srl may at any time and without any notice to Users:
- Remove Contents;
- Temporarily and/or permanently disable the access to the Services, or to some of the use options offered, to one or more Users;
- Cancel a User's Account.
6. Privacy and cookies
M.C.A. Events srl is the Data Controller of the Personal Data of the end Users-Data Subjects of the Service. In relation to the Personal Data of the Users-Data Subjects, for which Processing is necessary in order to provide the Services of M.C.A. Events srl, acts as the Data Processor on behalf of M.C.A. Events srl
M.C.A. Events srl therefore, acting as the Data Controller sets out the purposes and the means of Personal Data collection of the end Users-Data Subjects of the Service.
7. Account and Profile creation
Upon Registration to the Service, the User must create its own Account and Profile. To create its own Account and Profile, the User shall provide some Data, including but not limited to, email address and chosen Password to access the Service and the Username.
The User can choose to register to the Service also via social login (using its Account for other web applications such as for example: Facebook, Linkedin, etc.). If the User opts for the social login it should be aware that M.C.A. Events srl may receive the following information: full name, date of birth, public profile, friends list. In addition, the User may be asked for authorization to write contents on its wall and/or on its friends' wall. The User authorizes M.C.A. Events srl to use such information in order to supply the Service. The User must also be aware that registering via social login will automatically make visible to the Users of the Service its public profile from the web application used for registration. Registration via social login will allow User's contacts to associate the nickname chosen for registration to the Service with its identity on the other web application.
When creating its profile, the User can enter personal information such as: profession, other Data and information regarding its skills, proficiencies and abilities, other personal profile information, upload its photos and share them with other users. When creating its profile, the User can indicate a geographic location. Furthermore, the Service may locate the User. Therefore, geographic location will be associated with its profile and visible to all the Users Registered to the Service. The Service allows every Registered User to make a search for other Registered Users based on geographic location chosen as search filter. We would like to draw your attention to the fact that M.C.A. Events srl does not perform any checks on the supplied Data and information or on the truthfulness of whatever stated by the User during Registration to and use of the Service. M.C.A. Events srl shall under no circumstances be held responsible for any consequence arising from the use by each User of the information provided by other Users. The User hereby declares under its own responsibility that all the Data provided during Account Registration is true and correct.
Once the Account has been created, the User's Contents and those received by the other Users, with which there is an interaction through the use of the Service, will be visible on its Profile. Upon Registration, and to ensure the security of its own Account, the User commits:
- Not to provide false personal Data.
- Not to create an Account on behalf of another person without permission.
- Not to create more than one personal Account.
- Not to create another Account without the consent of M.C.A. Events srl should the latter disable the original Account.
- To be at least 16 years old of age.
- To make sure that contact details are always accurate and up to date.
- To never share its Password nor allow others to access its Account or do anything else that might jeopardize the security of its Account.
- Not to transfer to any third parties its Account and Profile without the prior written consent of M.C.A. Events srl.
- To choose for its Profile a name that is not offensive and/or that recalls phrases or words considered insulting or inappropriate.
- 10.To always act in accordance with applicable laws and legislation and within the rules of this document.
In the event of the User breachingone or more of the above listed points, its Account may be cancelled by M.C.A. Events srl.
The User acknowledges and agrees that M.C.A. Events srlcan cancel its Account at any time, at its sole discretion and without any notice to the User whose Account has been cancelled.
8. Account cancellation by the User.
The User may decide to Cancel its Account at any time. To Cancel, just go to Settings in your own Profile and click "Cancel Account".
Upon Cancellation of the Account the status of the Member shall be lost as well as the possibility to use the Services dedicated to the Members of the Site. Once the Account is Cancelled the User can no longer access it nor use it to access the Service, or access and/or edit its Profile. The Deleted Profile shall no longer be accessible to other Users.
Before proceeding to the Cancellation of its Account, the User may remove any Contents posted whilst using the Service. The User intending to Cancel its Account should be aware that if it also intends to remove any Contents posted whilst using the Service, User shall do so prior to Cancellation of the Account. The User who intends to delete its Contents may do so through a dedicated feature accessible and available for each Content.
However, some of the activities performed by the User during the use of the Service are not only stored within its Account (i.e.: private messages sent to other Users, e-mail notifications sent to other Users and Contents shared on other platforms), such Contents will therefore be available also after Account Cancellation by the User and cannot be made anonymous.
If prior to Account Cancellation the User does not remove the Contents as described above, the undeleted Contents can no longer be removed from the Site and shall therefore be visible together with the Avatar and Username chosen by the User upon Registration to the Service. Username and Avatar shall remain associated with the undeleted Contents.
Deletion of Contents by a User may result in the simultaneous deletion of comments and replies posted by other users in relation to such contents. On such basis M.C.A. Events srl shall under no circumstances be held responsible for such deletions.
During Registration, the User shall be required to choose a Password. The Registered User holds full responsibility to keep this Password confidential and commits to keep it in a safe and secret place and not to disclose it to any third parties.
The Registered User may immediately notify M.C.A. Events srl in the event it finds that there has been an unauthorized access to its Account or an unauthorized use of its Profile.
The User who intends to register to the Service, acknowledges that M.C.A. Events srl reserves the right to carry out at any time any authentication and/or verification of the Data provided by each User, in accordance with the applicable laws, also in relation to Privacy, and with immediate effect. Users give consent to any new authentication and verification procedures that may be applied, without prejudice to the fact that the implementation of such procedures is at M.C.A. Events srl discretion.
10. Content Sharing
The User’s search history is and shall always remain private and shall never be disclosed or made available to other Users or subjects.
The User holds title to all the Contents posted on the Site. Posting and/or sharing of the aforementioned Contents is done with the sound knowledge and complete independence by the User. For this reason, M.C.A. Events srl shall under no circumstances be held responsible for any breach of personal and/or intellectual property rights by the User against any third parties. However, the User undertakes to guarantee, indemnify and hold harmless M.C.A. Events srl, for any consequence or claim arising out of or in connection with any Content and/or related to the publication of such Contents on the Site.
Upon publication of the Contents, the User grants to M.C.A. Events srl a temporary and non-exclusive license for their use(IP License), transferable and valid worldwide. The User agrees that the publication of Contents will be completely free and therefore the User cannot claim any right of financial nature. Through the usage license, M.C.A. Events srl will be allowed to use any Content posted on the Site or connected with the Service and will be authorized to use, copy, perform, display and create derivative works and distribute the User's Contents by using any tool or distribution method (currently available or hereafter developed) worldwide. The usage License shall be deemed revoked by the User if the latter decides to delete its Contents and in relation to the removed Contents only.
Some of the activities performed by the User during the term of use of the Service are stored not only in its Account (i.e.: private messages sent to other Users, e-mail notifications sent to other Users and Contents shared on other platforms). Such Contents will also be available after Account Cancellation by the User and cannot be made anonymous. In addition, as already stated, User's Contents available on the Site that were not previously removed in case of Account Cancellation shall remain available on the Site. The User can share the Contents posted on the Site also on its personal wall of its Facebook profile.
Opinions, judgments and assessments available on the Site, represent only the User's view and under no circumstances can be related to or associated with M.C.A. Events srl and/or any individual directly and/or indirectly connected to the latter. M.C.A. Events srl is therefore held harmless from any warranty of completeness, veracity, validity, of any data, news or information available in the Contents disseminated on the Site.
The User acknowledges and agrees that the Site, the User's public Profile and the Contents, are indexable by other search engines.
The User acknowledges and agrees that the staff of M.C.A. Events srl may modify the Contents posted by the User in order to improve usability also by the other Users of the Service. Once such changes have been applied the previous versions of the Contents will no longer be available.
The User acknowledges and agrees thatM.C.A. Events srl can delete the Contents available on the Site at any time, at its sole discretion and without any notice to the User whose Content has been deleted.
We would like to draw the User's attention on the fact that in the event of Account Cancellation or termination of the relationship in general, in compliance with the provisions of the national legislation governing the subject matter ((Legislative Decree 109/2008 which amended the Legislative Decree 196/2003), M.C.A. Events srl shall remain obliged to store some of the Data regarding the User for the amount of time as provided in the above mentioned Decree.
Any Links available on the Site, relating to third parties’ websites, can be used under the sole responsibility of the User, for the purposes permitted by the law and governed by the rules and conditions set out by the owners and/or managers of the above said websites. Reporting of the websites is a voluntary initiative of the Users. In this regard M.C.A. Events srl declines any responsibility in relation to the contents and purposes of such websites, their reliability and/or accuracy. The User who connects to such websites accepts any related risk or responsibility. If there is a link available to other third-parties' websites within the Site, this does not imply nor entail any approval, sharing, authorisation by M.C.A. Events srl because such links are reported by the User and this shall not imply any direct or indirect involvement of M.C.A. Events srl.
Publishing shortened links, BitTorrent URLs and Referral Links is not permitted and shall be deleted if posted.
M.C.A. Events srl reserves the right, without implying any obligation or commitment, to monitor and review all or part of the Links posted on the Site and, at any time, it can proceed to their removal, elimination, deletion based on its sole discretionary assessment, and no objections or claims can be placed to that end.
12. Legality and code of conduct
We commit to strive now and in the future to ensure that our Site is secure, but we cannot guarantee it.
The User acknowledges that the use of the Services offered byM.C.A. Events srl could make the User come across contents it considers offensive and unpleasant and that the use of the Services entails such a risk.
The User also acknowledges and accepts that the Services offered on the Site may contain links or contents from other websites. M.C.A. Events srl shall under no circumstances be held responsible except for any content realized by people belonging to its organization. In order to help protect the security of the Site, we kindly ask Users to commit:
- Not to endanger, in any way, the security of the Site, the Service and its Users.
- Not to undertake any unlawful marketing activities, not even by using the Account and/or Profile of other Users.
- Not to upload viruses or other detrimental codes, not to access the Site and/or the Services in any other way, that is through automated means without our authorisation, not to undertake any action that might impede, overload or threaten the proper functioning of the Service and Site.
- Not to publish any Content carrying a pornographic nature or meaning, inciting hatred, and violence, unfair and/or praising discrimination of any kind (racial, religious, sexual, etc.) or containing gratuitous violence.
- Not to use the Service to post Contents and/or undertake any action infringing the law and/or harming other Users' rights, ideas, tendencies, including but not limited to:
- requiring any personal data in breach of the current legislation;
- disclosing any news and information damaging other people's Privacy, including but not limited to: full names of people, phone numbers, home addresses, e-mails, etc;
- disclosing any confidential news or information related toM.C.A. Events srl and other legal entities, such as, but not limited to private and confidential information, information protected by trade secret, information that cannot be made public by express decision of the legitimate owner, etc;
- promoting any illegal activity or abusive, threatening, obscene, defamatory or libellous conduct;
- advertising copies of works in breach of the laws on protection of intellectual property rights;
- sending junk e-mails, chain e-mails or unsolicited messages to groups of recipients, instant messages, any spim or spam;
- containing pages with restricted or password only access, that is hidden pages or images (which are not connected through or to other accessible pages);
- posting BitTorrent links, shortened URLs or Referral Links;
- supporting or promoting any criminal activity or enterprise or provide information about illegal activities;
- asking other Users for Passwords or personal identification data with commercial or illegal purposes that promote organizations declared unlawful by the Constitution or by the applicable law;
- on a general ground using the Site and the Service for unlawful, misleading or discriminatory purposes.
- Not to favour or encourage any breach of this code of conduct and of any of the other principles set out in this Contract.
- Not to publish any defamatory and/or untrue Contents relating to M.C.A. Events srl,other Users and other companies.
- Not to use our copyrights, registered trademarks, logos or similar symbols that can lead Users to confusion, without prior written consent from M.C.A. Events srl
- Not to use any copyright, registered trademark, logo or similar symbolsbelonging toM.C.A. Events srl organizations or otherwise belonging to any third party in a way such as to create confusion as to the rightful owner or user, without express consent from the lawful owner.
- Not to infringe in any way the industrial and/or intellectual property rights of any third party.
- Not to use the Content for commercial purposes without the prior written consent of M.C.A. Events srl.
- Not to undertake any action that might impede, overload or threaten the proper functioning of the Service and of the Site.
- Not to use the Service in a way that is inconsistent with the purposes that inspire its principles namely those of creating an environment of sharing and exchange of Contents. So therefore, no activity which may undertake disruptive actions against other Users and/or the entire Community which may consequently jeopardize the proper use of the Service by other Users.
ShouldM.C.A. Events srl believe that the prohibitions and restrictions contained in this code of conduct have been infringed, it reserves the right to remove any Content posted by the User, as well as disable, temporarily or permanently the Account and/or access to the Service and the Site to the infringer.
The User acknowledges and agrees that in compliance with the provisions of this Contract M.C.A. Events srl shall have the right to remove at any time andat its own discretion the Contents posted by the User and can disable either temporarily or permanently the User's Account and/or the access to the Service and to the Site.
Should the User believe that the elimination of its Contents is vitiated and/or wrongly based, it shall be entitled to report its case by sending an e-mail to the following address: email@example.com
13. Communications to Users
M.C.A. Events srl may send technical communication relating to its Services. M.C.A. Events srl may send to Users messages, communication, notices, included but not limited to, notifications, communication relating to the Services, both through the Site or via e-mail. The Users can decide the type of communication that it will receive, by logging into its Account.
14. Intellectual property and license to use the Service
The User acknowledges that the Company owns all the Intellectual Property Rights and the Rights of economic use related to the Platform, including, but not limited to, every software and technology in connection with the Site and Services, other than those set out and described under paragraph 10 (Contents) and 11 (Links) of this document. "Intellectual property rights" refers to all the Intellectual Property Rights existing from time to time worldwide, under the applicable law, included but not limited to, the applicable law on patents, copyright, on trade secrets and unfair competition and any application, renewals, extensions and restorations of such rights in force worldwide now or in the future.
The Services mentioned in these pages are offered byM.C.A. Events srl
By registering to the Service offered by M.C.A. Events srl each User is granted a personal license to use the software and programs available on the Site that hosts the community as necessary tools for the use of the Services provided. The license is royalty free, valid worldwide, non-exclusive and non-transferable under any circumstances.
The User shall not, even partially, use, copy, or make any other use of the above-mentioned software and programs for a purpose other than the use of the Services.
The licensed software can be downloaded automatically and updated by the User accessing the Site without the need for the User to give any prior notice and/or request for authorization. The software updates shall aim at improving the existing Services and/or add new features. The User acknowledges and accepts to receive modifications and/or automatic updates of the software and applications relating to the Service as an integral part of the terms and conditions of use of the Services.
15. Breach of intellectual property
Compliance with Intellectual Property Rights is a fundamental concept for us. This document prohibits Users to post any Content in breach of Intellectual Property rights.
M.C.A. Events srl complies with the Intellectual Property Rights of its creators. If you believe that your work has been copied, published or otherwise included in the Services in a way that constitutes a breach of Intellectual Property, you may provide our dedicated personnel with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the Intellectual Property right; (ii) a description of the work protected by Intellectual Property believed to be infringed; (iii) a description of where in the Site is located such material claimed to be in breach of Intellectual Property rights; (iv) address, telephone number and e-mail address of the owner of the rights or of his/her legal representative; (v) a written statement by the owner of the rights and/or his/her legal representative, stating that the disputed use is not authorised by the owner of the Intellectual Property right, by his/her representative or by the law; (vi) a statement that the above information included in the notification is accurate and that the author is the owner of the Intellectual Property right or an individual authorised to act on his/her behalf. Any communication for the reporting of such an allegation of breach of Intellectual Property rights shall be sent to the following email address: firstname.lastname@example.org
At our own discretion and without any notice, we reserve the right to remove any Content presumed to infringe any Intellectual Property Rights. Our policy includes the cancellation of the Accounts of the Members that repeatedly make themselves responsible for breaching any Intellectual Property Rights.
The contract may be amended and/or supplemented by M.C.A. Events srl at any time and in its entirety and any amendment of the Contract shall be specifically notified to the Users through a public post on the Site homepage.
The User commits to read, every time it accesses the Site, the published Contract and to comply with, through implied acceptance by using the Service, any amendment and supplement to the Contract.
The continued use of the Service, also after any amendment to the terms and conditions of use of the Service, shall constitute implied acceptance of the amended conditions.
By express agreement, the versions of the Contract updated from time to time and published on the Site replace the previous versions. The User shall have no claim in relation to any subsequent amendments to the Contract and in any case, the User waives any claim in that regard.
Without prejudice to the foregoing, this Contract, and any subsequent published amendments, shall remain in full force for as long as the User uses the Services.
M.C.A. Events srl may, at any time, decide to publish on the Site any advertisements without any prior notice to the User.
M.C.A. Events srl reserves the right to terminate the provision of the service by disabling and/or cancelling the Account of the User that, either negligently or fraudulently, infringes any law and/or the provisions of this Contract. This may occur whether the infringing conduct causes any actual damage to any third party and/or to M.C.A. Events srl or whether the non-complying conduct can only potentially cause any damage and/or risks toM.C.A. Events srl and the Users. Without prejudice to the foregoing, M.C.A. Events srl shall maintain the right to take action against the User for any damages suffered caused by the User's conduct in breach of any law and/or this Contract.
The User acknowledges and unconditionally accepts that this document represents the Contract that governs the relationship between the User and M.C.A. Events srl. The Contract, and any subsequent amendment to the present version, shall prevail over any prior agreement.
M.C.A. Events srl may unilaterally modify the Contract.
20. Exclusion of liability
In the event that the non-compliant and/or illegal conduct of the User gives place to any claim by any third parties against M.C.A. Events srl, the User shall hold harmless and indemnify M.C.A. Events srl against any and all damages, losses, or expenses (including legal costs and expenses) associated with and arising out of such claims.
M.C.A. Events srl cannot guarantee that the Site will always be secure or error-free or always operational without any interruptions, delays or defects.
M.C.A. Events srl shall not take any responsibility for any error, omission, interruption, deletion, defect, delay in the Site and/or Services operation, line irregularities, theft, destruction, unauthorized access or alteration of communications of Users or Members, identity theft and any other unlawful conduct, implemented by Users or third parties, whether on the network or under any other circumstance.
M.C.A. Events srlshall not be responsible for any technical fault or problem related to the internet connection or telephone lines, online computer systems, servers, computer equipment, software, failure of e-mail programs or audio/video players caused by technical problems or traffic congestion on the internet or on the Services offered.
M.C.A. Events srl shall not be responsible for any third-party action, Content or Data, hence the entire staff, directors, managers and employees are held harmless against any claim or damage, known or unknown, arising from their use, and are not in any way connected with any complaints against such third parties. M.C.A. Events srl shall not be held liable for any loss of profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement, even if it has been warned of the possibility of the occurrence of such damages even if for any reason arising from the use of the Services.
21. Applicable Law and Competent jurisdiction
Any dispute that may arise between the M.C.A. Events srl and the User, shall be governed exclusively by Italian law. The User declares, to unconditionally accept that the Court of competent jurisdiction to which any dispute shall be submitted is exclusively the Court of Milan.
For any communications, including reports and/or complaints, the User can write an email to the following address:
Date of last revision: 27/10/2020