Terms

Ultimo aggiornamento: 17/06/2016

insegreto SNC (“insegreto” o “noi”) fornisce il sito di insegreto, le applicazioni per mobile ed altri prodotti online e servizi (questi verranno chiamati "Servizi"). Utilizzando questi Servizi, si accettano i limiti di questi Termini e Condizioni d'uso (“Termini”). Se non ti trovi d'accordo con questi Termini non accedere o non utilizzare i Servizi. Se insegreto effettua modifiche a questi Termini, provvederemo a mostrare una notifica nei Servizi oppure aggiorneremo la data di "Ultimo aggiornamento". Il tuo continuo uso dei Servizi significa che accetti e sei d'accordo con le modifiche.

1. Pubblico

Devi avere almeno 13 anni per poter utilizzare i Servizi o per inviare ogni tipo di informazion ad insegreto. Se hai tra i 13 ed i 18 anni, potrai utilizzare i Servizi solamente accompagnato da un genitore o tutore legale che abbia letto e sia d'accordo con questi Termini.

Utilizzando i Servizi, tu dichiari di: (a) mantenere sicuro il tuo account e non condividere con nessuno la tua password (se il tuo account è protetto da password) oppure non condividere altri dati utilizzati per l'accesso ed essere sicuro di restringere l'accesso al tuo account, computer o dispositivi mobili; (b) notificare il prima possibile insegreto se scopri o sospetti qualsiasi tipo di problema di sicurezza nei Servizi; e (c) assumere piena responsabilità di tutte le azioni che vengono effettuate dal tuo account ed accettare il rischio di eventuali accessi non autorizzati.

Dichiari di essere consapevole che sei responsabile per eventuali costi che potrebbero incorrere nell'utilizzare i Servizi.

2. Contenuti

The Services allow you and other users to create, post, send and store content, including messages, text, photos, and other materials (we call these "User Content"). You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates our Community Guidelines, which we may update from time to time. insegreto has the right to delete or remove any User Content that we, in our sole discretion, view as in violation of these Terms or our Community Guidelines or for any other reason.

If you submit or post User Content to the Services, you grant insegreto a nonexclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with insegreto’s marketing and promotional activities. You agree that this license includes the right for insegreto to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services. You further grant insegreto the right to publicly display your (already public) username in connection with User Content.

You understand that User Content may be displayed publicly. insegreto does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content.

You may only post User Content that (a) is non-confidential; (b) you have all necessary rights to post to the Services; (c) is accurate and not misleading or harmful in any manner; and (d) does not and will not violate these Terms or any applicable law, rule or regulation.

3. ACCEPTABLE USE OF THE SERVICES

You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Services and you use the Services at your own risk. You further agree not to:

4. COPYRIGHT, TRADEMARK AND LIMITED LICENSE

The insegreto logos and any other product or service name or slogan contained in the Services are trademarks of insegreto and its suppliers or licensors. Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the insegreto logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files (collectively, the "Service Materials") as well as their selection and arrangement are the proprietary property of insegreto or its licensors or users and are protected by U.S. and international copyright, trademark and other laws. Except as explicitly stated in these Terms, insegreto does not grant any express or implied rights to use Service Materials.

You are granted a limited, non-transferable and revocable license to access and use the Services and Service Materials for your personal, non-commercial use. This license is revocable at any time.

5. THIRD-PARTY CONTENT

The Services may include links and other content owned or operated by third parties, including advertisements and social "widgets" (we call these "Third-Party Content"). You agree that insegreto is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Your interactions with Third-Party Content are solely between you and the third party providing the content. When you leave the Services, you should understand that insegreto’s terms and policies no longer govern and that the terms and policies of those third party sites or services will then apply.

6. FEEDBACK AND OTHER SUBMISSIONS

Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Submissions"). You acknowledge and agree that Submissions are non-confidential and will become the sole property of insegreto. You agree to execute any documentation required by insegreto to confirm such assignment to insegreto.

7. COPYRIGHT COMPLAINTS

insegreto respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify insegreto’s Designated Agent.

[INDIRIZZO SEDE LEGALE]

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by insegreto or the alleged infringer as the result of insegreto’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

8. INTERACTIONS WITH OTHER USERS

insegreto provides a platform for users to communicate and interact with one another. You are solely responsible for your interactions with others and insegreto has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others.

9. INDEMNIFICATION

You agree to defend, indemnify and hold harmless insegreto, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, "insegreto Parties"), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

10. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY insegreto. insegreto DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS. insegreto DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. insegreto IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE insegreto ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, insegreto CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

11. LIMITATION OF LIABILITY

You assume all risk arising from your use of the Services, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take any and all necessary precautions when interacting with other users.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL insegreto OR THE insegreto PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE SERVICE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT RESULT FROM THE ONLINE OR OFFLINE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR PROPERTY DAMAGE), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR USER CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO insegreto’S RECORDS, PROGRAMS OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF insegreto OR THE insegreto PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO insegreto FOR ACCESS TO OR USE OF THE SERVICES, OR, IF YOU HAVE NOT PAID EXPERTISE FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

12. MODIFICATIONS TO THE SERVICES

insegreto reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services, without prior notice. You agree that insegreto will not be liable for any modification, suspension or discontinuance of the Services, or any part of the Services.

13. ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH insegreto AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM insegreto.

Except for any dispute in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, you and insegreto waive your respective rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in Los Angeles, California (or, alternatively, via telephone or video conference) before and in accordance with the rules of JAMS, which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

YOU AND insegreto AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES IS PERSONAL TO YOU AND insegreto AND THAT YOU AND insegreto WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

As limited by the Federal Arbitration Act, these Terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Any claim you may have arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. You and insegreto agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to insegreto must be sent to [email protected]

14. APPLICABLE LAW AND VENUE

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of California without resort to its conflict of law provisions. To the extent the arbitration provision in Section 13 does not apply (if ever), you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Los Angeles County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

15. TERMINATION

insegreto reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your future access to, and use of, the Services.

16. SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

17. QUESTIONS & CONTACT INFORMATION

Questions or comments about the Services may be directed to insegreto at [email protected]

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