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This multimedia Platform is designed for a Community (hereinafter referred to as the “Platform”) and is managed by the company New Media Farm S.r.l., with registered offices in Latina, Via Duca del Mare, 16 (hereinafter the “Company”), which is also the owner of the Platform. Outlined below are the contractual conditions (indicated by the term “Agreement”) governing the exploitation of the content uploaded by you to the Platform, which, by way of example, may be audio-visual content, audio content, images and/or texts (referred to as the “Content” or “Contents”), and they may also contain the general terms of use of the Platform (referred to as the “General Terms of Use”). It should also be noted that when the Content is provided by a person who is under age, these terms and conditions must necessarily be accepted by a parent, in the name of and on behalf of the minor himself/herself.

We also encourage you to carefully read the “Privacy Policy” section available on this Platform.

This Agreement is concluded between you and the Company, which is the owner of this Platform.

1. Creative Commons License – Attribution 2.5 (Italy)

1.1 The Content uploaded by the User onto the Platform is granted to the Company, pursuant to the standard terms and conditions of the Creative Commons License – Attribution 2.5 (Italy), whose full text is available at: http://creativecommons.org/licenses/by/2.5/deed.it (hereinafter, the “License” and also indicated in short below as “CCPL”; the legal code is available in the English version).
1.2 The User acknowledges and agrees that all Platform users will be able to use the Content, and will also be able to reproduce the Content in its entirety on their websites without the need for any prior authorization from the User, and that the User will not be owed any compensation of any kind. To this end, with this Agreement, you grant in license the use of your Content by the Company as well as by Platform users or third parties, under the terms and conditions set forth in the License.

2. Representations and Warranties

By virtue of the derogation expressly recognized in Article 5 of the License, the User represents and warrants to the Company, acknowledging the broadest indemnity, as described below:
a) to be the sole owner of all rights to any Content, including exploitation rights and moral rights, and to be able to validly authorize the Company and the users of the Platform to exercise these rights in accordance with the terms and conditions of this License;
b) that the Content does not infringe on any third party rights (including but not limited to, copyright and related rights, image rights, the right to honour and reputation), does not have content that is obscene, offensive, violent, defamatory, invasive of personal dignity, or profane, does not contain racist statements or praise the inferiority or superiority of a race, people or culture with respect to other races or minorities, does not advocate crimes against humanity, does not contain incitement to hatred or violence, sexually explicit or pornographic content, or child pornography, threats or harassment, information or messages about illegal activities, or that lead to illegal activities or which may cause injury to others, incitement to dangerous behaviours and risk of emulation by minors or use of drugs or animal abuse, messages that are promotional in nature and/or advertising that is contrary to the provisions of law or regulations, images not suitable for children under 18 years;
c) to have obtained all necessary consents and releases, where necessary, from any possible owner of any type of rights to the Content, including, by way of example, permissions for the exploitation of image rights, consent to the handling of personal data of each of the persons that appear in any Content, pursuant to Article 23 of Legislative Decree 196/2003 and the permissions from the parents or other persons exercising parental authority for the use and diffusion of the image of any minors who may be shown in any Content;
d) more specifically and without limiting the scope of the provisions of Article 3 of the CCPL (Attribution 5 Italy), in all cases in which the individual Contents are created through the Platform with the contribution of several users through the community, none of the Members shall have any financial claims on the Content, it being the same as a collective work of which the company still holds all the exclusive ownership rights. For anything not covered, please refer to the Community Guidelines and the CCPL, which the User fully accepts as an integral part of these Terms of Use;
e) more specifically and extending the scope of provisions of Article 3 of the CCPL (Attribution Italy) to surrender all economic rights of ownership without exception to the Company, with particular regard to the specific collective work consisting of the set of all the Contents contained on the Platform at any time, the same user can lay no claim to ownership of any of the individual contents of the collective work.

3. General Terms and Conditions for Use of the Platform

3.1 Any use of the Platform by the User is subject to the following General Terms and Conditions of Use. The use of the Platform involves your full acceptance of the Terms of Use listed below. The Company reserves the right, at its sole discretion, to modify, alter or otherwise change these Terms of Use at any time.
3.2 The User may not copy, use, transfer, rent, lease, sub-license, lend, modify, adapt, attempt to modify or alter the source code, perform reverse engineering, decompile, disassemble or otherwise manipulate all or any part of the contents of the Platform. The information and services included in this platform have been compiled using different sources and are for informative and entertainment purposes only. Through access to the Platform, the User acknowledges and accepts that the Platform’s content may be incomplete, inaccurate, outdated or may not meet your needs and requirements.
3.3 Intellectual and Industrial Property Rights. All rights reserved. The Platform and all of its contents, including but not limited to, articles, opinions, other texts, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as trademarks, logos, domain names, companies or any other material that may be subject to patent rights (including source code) and/or any other form of intellectual property (hereinafter, collectively, the “Material”), are owned by the Company and are protected against the unauthorized use, copying and dissemination, by national laws relating to copyright, trademark, publicity and other sources of Community law and international treaties. Nothing of what is contained in these Terms and Conditions of Use and/or Platform shall be construed as the implied granting of, by acceptance or otherwise, any license or right to use any of the Materials in any way without the prior written permission of the Company. Unauthorized use, copying, reproduction, modification, republication, updating, downloading, sending by post, transmission, distribution or duplication, or any other misuse of the material are prohibited. As a user of the Platform, you agree not to use the material for unlawful purposes and not to violate the rights of the Company.

4. Exclusions and Limitations of Liability

The Platform and all Materials contained therein are distributed in the state in which they are found, without warranty either expressed or implied, including, but not limited to, warranties of ownership or implied warranties in relation to the quality or suitability of using it for specific purposes, and those arising by law or by usage of trade. The Company is not responsible for any so-called “virus”, contamination, or for any harmful effects that may be caused to your computer system, or for any delays, inaccuracies, errors or omissions arising from your use of the Platform or from the use of the Platform’s contents, within the limits in which this is not caused directly or indirectly by the Company’s negligence. The Company will not be liable for any damages that may arise directly or indirectly from the use or inability to use the Material, if the Material is procured or otherwise provided by the Company. The Company does not assume any responsibility for the accuracy, content, products, services, or availability of information or software found on the Platform. You understand that any message or material sent to the Company or third parties through the Internet via the platform can be read or intercepted by others. You must also note that sending communications via the Internet may not be completely secure or confidential, and you must therefore consider this possibility before you send any personal information or confidential information to the Company or third parties through the Platform. It is your responsibility to ensure that your computer is adequately protected against viruses, unauthorized access or any other breach of security. The Company is not responsible for any damages that may arise against the computer of each user from any breach of security or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, failure of the computer lines or any other technical defect or other, if such an event is connected with the Internet transmission initiated through the Platform or in another way and which is not a direct or indirect result of the Company’s negligence. In addition, the Platform contains material created exclusively for entertainment purposes and does not constitute a representation of reality, and should not be considered as such by you. Beyond entertainment purposes, you declare and agree not to rely on such material. The platform may also contain facts, opinions, views, statements or recommendations by third parties, both private individuals and legal persons. The Company does not represent or warrant the accuracy, topicality or the reliability of such facts, opinions, views, statements and/or recommendations or other information displayed or distributed through the Platform.

5. Indemnity
You agree to indemnify and hold the Company harmless in respect to any liability and injury (including, without limitation, legal expenses) which may be incurred by the Company for any claims by third parties arising from: violation by you of these Terms of Use; claims by third parties that are based on the use by you of the Platform and/or the Materials and/or the use you have made of the Platform and/or the Materials, in violation of these Terms; and/or information or material that is sent or transmitted through your computer or your e-mail account, even if not directly sent by you.
5.1 Policy on sending communications. Even though your comments are welcome, the Company does not accept unsolicited communications in relation to their activities or projects. The aim is to avoid the possibility of future misunderstandings when projects developed by the Company’s staff may seem to others similar to their own creative ideas, suggestions or materials. Consequently, except in the case of sending the Platform Content as indicated, please avoid sending such communications to the Company through the Platform or otherwise, including, without limitation, ideas for a story or a character, suggestions for a movie or video clip, a plot, set or costume designs, or screenplays, ideas or projects for websites and e-commerce activities. We will not be monitoring these communications and we cannot guarantee that we will respond to your comments or messages. If, at the request of the Company, you send a communication that does not contain personal information, or if, despite our request that you not send unsolicited messages, you send communications containing any data, questions, comments, suggestions or the like, that communication will not be considered as confidential. With the exception of what is set out in our Privacy Policy, none of the information sent through the Platform will be subject to any obligation of confidentiality on the part of the Company and the latter shall not be liable for any use or disclosure of it. As a result, you waive any claim on the fact that any use of such material may have violated any of your rights, including, without limitation, moral rights, privacy rights, property rights or other rights in rem, advertising rights and the right to be mentioned for the material or the ideas contained in it.
5.2 Linked Websites. The Company is not necessarily affiliated with any website with which there are links in the Platform, and is not in any way responsible for the content of those websites. These links are made solely for your convenience and you access these sites at your own risk. A link from the Platform to any other website does not imply that the Company endorses, supports or recommends that website in any way, or has any control over any aspect of this website’s content.
5.3 Third Parties. Any relationships or communications you make through the Platform with any third party other than the Company are solely between you and that third party. Some sections of the Platform may provide links to websites which enable you to conduct transactions or to purchase goods or services. These operations can be conducted by third-party partners or vendors. In no event shall the Company be liable for any goods, services, resources or content available through such relationships or communications with such third parties, or for any related injury. Please carefully check the practices and policies of such third parties before initiating any transaction. Any grievance, complaint or question you may have in relation to the materials or information provided by third parties should be forwarded directly to the third party.
5.4 Membership and registration. Some features and/or services offered through the Platform may require registration or may otherwise require you to provide some information to participate in certain initiatives or to have access to some content. The decision to provide this information is purely optional, however if you decide not to provide such information, you may not have access to some content, initiatives and/or services offered by the Platform. When you register or provide information through this Platform in any other way, you shall undertake to provide solely true, accurate, up-to-date and complete information. This information will be used and handled in accordance with our Privacy Policy.
5.5 Purchases through this Platform. In the event that any products, goods and/or services are offered for purchase via the Platform by the Company or third parties, all transactions will be governed by separate terms and conditions provided by the seller at the time of purchase.
5.6 Violation of the General Terms and Conditions of Use of the Platform. The Company will evaluate your compliance with these General Terms of Use at its sole discretion, and may decide to exercise its rights as broadly as permitted by law.

6. General Provisions

6.1 This Agreement constitutes the entire agreement between you and the Company with regard to the subject matter covered by it and supersedes any prior and/or concurrent agreement. In the event that any part of this agreement is deemed invalid by the competent authority, that part shall be severed from the remaining provisions, which will continue to be valid and as widely enforceable as permitted by law.
6.2 This Agreement is governed by Italian law and the Court of Latina has sole jurisdiction for any dispute concerning the validity, interpretation and execution of this Agreement.

Consent to the Terms of Use (separate approval and only after having read and understood the Terms of Use)

In accordance with Articles 1341 and 1342 of the Italian Civil Code, you declare that you agree to the following specific provisions – also divided into subsections – of this Agreement: 1. Creative Commons License – Attribution 2.5 (Italy); 2. Representations and Warranties; 3. General Terms and Conditions for Use of the Platform; 4. Exclusions and limitations of liability, 5. Indemnity; 6. General Provisions.