- Conditions
You expressly accept to use the service of Zooppa.com in accordance with the following conditions and privacy policy.
- Subject matter of the contract
The subject matter of the contract is the supply from Zooppa.com of a personal and reserved webspace for the publication of videos, images, audios and texts (hereafter referred to as “Contents”). This service is free.
- Acceptance of the service
In using the service, you state and assure that:
- you are of age (18 years). In using the service, a minor must be allowed by his parents or by the people who have the parental authority or custody of the child; they are, therefore, the only responsible for any behaviour held by the minor;
- you do not share content protected by copyright or other peoples content unless you own the rights or have permission from the owner.
- Service access and confidential information
After the registration, you may start using the service by choosing an account ("ID") and a password. Your registration will be entirely successful if you place true, right and complete confidential information at Zooppa.com disposal. If your personal data change, you have to inform Zooppa.com in good time. You are the only responsible for the damages caused by the inaccuracy of your personal data. Zooppa.com agrees that it shall not make any disclosure of any or all confidential information to anyone, with the exception of a request by the Judicial Authority.
- Confidential nature
You expressly accept to keep the codes with extreme diligence and care. You may not authorize any third party to use your password or your ID on your behalf. You are therefore responsible for every damage caused to Zooppa.com and/or to any third party as a consequence of illegitimate use, subtraction, dismay of the codes.
- Intellectual property rights of Zooppa.com on the service
All the rights of intellectual property related to the present website and connected to it belong to Zooppa.com. The User commits therefore himself:
- to make exclusively a personal and not a commercial use of the service;
- not to download, upload, copy, print, reproduce, grant the licence, completely or partially, any Content of the site. The reproduction of the Contents from Zooppa.com is allowed only after explicit permission of Zooppa.com and only if its source is quoted and anyway not for the sake of gain;
- to use the service without infringing the Italian laws, the laws of other Countries and in a proper way.
- Intellectual property rights of the Contents uploaded on Zooppa.com.
The User keeps the property rights of any Content they created and uploaded on the website Zooppa.com. The Contents upload on the website by the Users, automatically establishes by itself the granting to Zooppa.com by the Users themselves, of a free of charge and perpetual licence not exclusive and transferable to third, to publish, to spread, to reproduce, to encode, to store, to save, to extract fragments of, to adapt, to elaborate and reuse in other works, to transmit, to distribute in public (also using embedded media players), to use in general, completely or partially, by any means, forms and aims, also economical, all the Contents uploaded on Zooppa.com by Users.
- Warranties and liability of the User
The use of this service is entirely at your risk and you take the full and sole liability of it.
You guarantee to Zooppa.com to be the exclusive owner of the Contents uploaded by you on the website and to have pre-emptively got the necessary authorzation from the owners of the rights concerning third party works or contents inserted into the Contents uploaded by you on Zooppa.com.
You are therefore the absolute responsible for any Content uploaded on Zooppa.com using your ID and/or your password, and anyway, for any behaviour or action set through your identification code.
The User commits himself not to publish Contents:
- pornographic, obscene, or paedophilian;
- that cause in any way damage to minors;
- blasphemous or offensive to the morals, ethics and to any religious belief;
- with purposes against public order, that sing praises to violence or racial hate;
- illegally detained or bought by the User (pirate software, unauthorized copies, etc.);
- advertising or promotional in favour of subjects different from the brand object of the campaign on Zooppa.com to which the Content is uploaded;
- tied up to the gambling, competitions, games that ask for a money participation;
- protected by copyright, whether being audio, text, images or fragments of video without getting the previous authorization from the rights holder;
- that are damaging to third party, with particular reference to copyrights or other rights of intellectual and industrial property;
- that contain virus or other softwares that may damage or influence the functionality of the site;
- that promote or induce to illegal activity;
- that contain utilizations of images fixed or on the move, of common and/or famous people, or that refer to these without their previous authorization;
- that contain deceptive or comparative advertising messages as by law in force enacted (l. 49/2005)
- that violate or induce to violate any law or regulation.
It is particularly forbidden the use of the service to cause in any way prejudice to third party or to commit or to encourage any kind of crime.
- Warranties and liability of Zooppa.com
Zooppa.com commits himself to assure the continuity of the service, except in case of:
- act of God or fortuitous event;
- tampering on the services or on the equipment, carried out by the User or by third party;
- wrong use of the services by the User;
- faulty operation of the connection devices used by the User, even when it is due to the non-observance of the laws and rules on safety, prevention, accidents and industrial injuries.
Zooppa.com is moreover not responsible towards the User and third party for the direct or indirect damages caused by the mismanagement (suspensions, interruptions, etc.) due to fortuitous event or act of God, except for the ones imputable to malice or gross negligence of Zooppa.com.
Zooppa.com has no obligation to oversee the contents diffused through the service, nor the obligation to actively seek facts or circumstances that point out the presence of illegitimate activity; Zooppa.com is therefore exonerated from any responsibility in case of possible controversy on the legality, truthfulness, correctness, quality, originality and paternity of the material put into the website.
If Zooppa.com becomes acquainted with the illegitimate or prejudicial feature of the Content published online by the User, it will immediately remove the information or it will disable the access to them.
Zooppa.com, besides, declines every responsibility for possible violation of intellectual rights on Contents by third party, as well as for the possible loss, cancellation or alteration, momentary or definitive, of Contents for any cause.
- Virus and connections to third sites
Zooppa.com commits itself to maintain the Web Site without virus, but it doesn't guarantee that it is immune of them. The User has therefore to adopt suitable safety measures and he has to use an antivirus program to avoid the loading of virus on his own software. In case of hypertext link to third sites, Zooppa.com doesn't have any responsibility for the possible illegitimate content of these, neither some obligation of control them.
- Clause of manleva
The User is forced to release the liability and to hold uninjured Zooppa.com as well as the checked and connected subjects and its representatives, its agents, its employees and third party to which Zooppa.com has granted the utilization rights of the inserted material, from all the losses, the damages, the responsibilities, the costs, the burdens and the expenses, including the possible legal expenses that might be suffered or sustained by Zooppa.com as a consequence of any publication and/or use of the Contents uploaded by the User on Zooppa.com, and/or of any default from the User of the obligations and warranties written in this contract and however connected to the use of the service, also in case of compensation for damages claimed by third party.
- Suspension of the service
Zooppa.com has the right to remove, without notice, the account of the User and any Content produced and published by him that violates the conditions of this contract.
- Removal of the account for inactivity
If the User doesn't use the service Zooppa.com for over 4 months in succession, Zooppa.com has the right to disable his access to the site.
- Changes of terms and conditions of use
Zooppa.com has the right to modify these conditions in every moment and without notice. In using the service, the User has to completely accept the new conditions.
- Express rescinding clause
According to art. 1456 c.c., in case of violation of one of the foregoing norms, Zooppa.com will rescind by full right this contract without notice and without being bound to pay any indemnity, except the reimbursement of incidental damages suffered.
- Contract conservation
If any competent Authority states the nullity, the invalidity or the voidness, completely or partially, of a disposition, the rest of this contract will not change.
- Applicable law and Competent jurisdiction
For the disputes in the execution and interpretation of this contract, the laws of Italy govern this contract, with the exception of the norms that regulate the conflict of laws. The Competent jurisdiction is that of the residence or of the domicile of choice of the User, if situated in the territory of the Italian State.
- Notes
What is not provided in the contract, is governed by the law in force.
Explicit approval of the clauses
According to articles 1341 and 1342 c.c., the User states to have read and to approve the following clauses of this contract:
- 4 - Service access and confidential information
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- 5 - Confidential nature
- 7 - Intellectual property rights of the Contents uploaded on Zooppa.com
- 8 - Warranties and liability of the User
- 9 - Warranties and liability of Zooppa.com
- 10 - Virus and connection to third sites
- 11 - Clause of manleva
- 12 - Suspension of the service
- 13 - Removal of the account for inactivity
- 14 - Changes of terms and conditions of use
- 15 - Express rescinding clause
- 17 - Applicable law and Competent jurisdiction