
SECTION 1
INTRODUCTION- REGULATION OF USAGE
1.1. Sporthy.com is an interactive platform through which, athletes, sport organizations, sport agents, professionals in the sport area, sport brands and individuals fond of sport in general can create their standardized sport curriculum in order to develop useful contacts for their own activity.
Sporthy.com is not a platform that defines professional profiles for employment reasons or management of work relations.
The relationships between users are separate from the competence area of Sporthy.com.
1.2. Becoming a member of Sporthy.com the user accepts to respect the usage conditioned presented in this Regulation. The lack of acceptance of those conditions leads to impossibility to use the services offered by Sporthy.com; thus, the registration to the Sporthy.com platform and the use of the website presume a complete and integral acceptance of the latter by the user.
The internet site Sporthy.com is a property of TEA WEB SAS.
SECTION 2
CHANGES IN THE USAGE REGULATION
2.1. Sporthy.com/TEA WEB SAS has the right to modify and integrate one sidely and in any moment the content of the present regulation. The changes are made known to the user through a published announcement on the access page to the Sporthy.com platform.
2.2. In the cases included in the second part of art. 1341 of the Italian civil code, the user is enquired a specific approval of the modified or integrated part of the Sporthy.com platform at his/her first access.
2.3. In any case the lack of acceptance of the modified or integrated clauses causes banning of future usage of the profile created from the user.
2.4. the integrated or modified clauses are in any case available in the published regulation.
REGISTRATION AND ACCESS
2.5. The registration to Sporthy.com is accomplished through the compilation of a given form with all the data of the user.
The user must fill in the form with a valid email address.
2.6 Further, the user carries out the acceptance of the present regulation and the acceptance of the regulation of Privacy.
2.7. Sporthy.com, thus, immediately sends a confirmation of registration message to the relevant email address given by the user and a direct link of the access to the platform.
2.8 Every further access to Sporthy.com occurs by digiting, on the access form, the email address given at the moment of registration and the password connected to it.
2.9. The user recognises the fact that the information relative to proper profile are spread throughout Sporthy.com system. The user authorizes explicitly and knowingly from now on Sporthy.com to the treatment and spread of proper data to the Sporthy.com system.
2.10. The user declares from now on that the data given at the registration are true as well as the actual owner of the email address given.
2.11. Using the Sporthy.com services the user declares to guarantee that all the given data relative to the personal profile are exact, correspondent to the own juridical status and actual status, and do not harm or violate the rights of others who could claim on the latter on the basis of the Italian legislation and to the legislation of every single case related.
2.12. In every moment L User has the right to access their profile to amend and/or supplement and/or delete data refer to its position following the instructions given.
2.13. The services offered by sporthy.com are produced and controlled with great accuracy. sporthy.com may not be held responsible for any malfunctions and for the damage, direct and indirect, that may arise.
2.14. The user declares not to use login or Password to other users.
2.15. The user declares not to communicate the data of login to other users or to third parties
2.16. The user declares to keep the data given updated.
2.17. The user declares to have at least 18 years.
2.18. In the case in which sporthy.com/TEA WEB SAS discovers that the age of the user is under 18 years, it reserves the right to remove the profile of the user, to cancel its subscription WITHOUT NOTICE AND TO PURSUE the user according to the applicable laws.
2.19. In any case, Sporthy.com cannot be held responsible for incoherent declarations made by a user.
SECTION 3
PROHIBITIONS AND OBLIGATIONS
3.1. By accepting the present regulation the user declares explicitly to have considered the present prohibitions.
3.2. It is prohibited to the user to utilize an email address which is not the proper to the user.
3.4. It is prohibited to the user the utilization of virtual profiles which do not correspond to the real ones.
3.5. It is prohibited to the user the use of other people’s names.
3.6. It is prohibited to the user every user, modification, manipulation, spreading of brands or distinctive signs on which others may claim copyright or any right.
3.7. It is prohibited to the user the use of Sporthy.com for the not authorized treatment of names, aliases and/or images, trademarks and/or performances of any kind not own.
3.8. It is prohibited to all users to disseminate confidential info of which are aware, in strength of its relations with third parties of any nature, industrial secrets, contents of pacts of secrecy and other information that are not entitled to spread. In the case of infringement of this prohibition the user is considered to be directly responsible for the damage caused to third and undertakes to keep free and/or indemnify and/or to guarantee sporthy.com/TEA WEB SAS to third parties; it is also forbidden to user to harass other users through the sending of unsolicited messages not related to its site and/or by sending messages in chain or block.
3.9. Inside the site there is a section for companies who make, wrap, distribute, promote products, services, materials etc... relating to the world of sport. Any form of unsolicited advertising of such undertakings is absolutely prohibited. And it is also prohibited to such undertakings to contact users of sporthy.com to advertise, advertise, promote etc.... their products and/or services. These undertakings can interact with other users of sporthy.com solely for the purposes authorized by sporthy.com.
3.10. It is prohibited the user to disrupt and harass other users of sporthy.com that deny the exchange of the content and data relating to a profile and however to put on attitudes and activities that constitute illegal activities such as the stalking and the cyber stalking..
3.11. In any case the users of sporthy.com/TEA WEB SAS, with the acceptance of this contract-Regulation relieves sporthy.com. from any responsibility towards illegal harmful conduct:
-held by other users in relation to sporthy.com.
-MADE BY THE SAME IN RESPECT OF THIRD PARTIES users of sporthy.com
-made by the same in respect of third parties outside sporthy.com
and declare that from now to forgot any type of legal action or any type of request for compensation in respect of sporthy.com/TEA WEB SAS, and to hold free and/or guarantee and/or indemnify sporthy.com/TEA WEB SAS from any injurious effect/condemns paid/Request that sporthy.com/TEA WEB SAS were to suffer because of the illicit behaviour of User.
3.12. The user is in any case aware that sporthy.com/TEA WEB SAS/TEA WEB SAS cannot control all the information exchanged between users for which the publication of any illegal content may not be charged to sporthy.com/TEA WEB SAS. sporthy.com/TEA WEB SAS will do everything possible to monitor the content of its own network
3.13. The user undertakes to report any abuse of third party in use of their own account and of their own password, and the data. In this case sporthy.com/TEA WEB SAS may not be considered responsible and the user disclaims from now to any type of legal action, judicial, action or other formal and informal in respect of sporthy.com/TEA WEB SAS.
3.14. It is prohibited to all users to publish written or media containing material child-pornography, pornographic or obscene, violent, offensive, sexually explicit or that could be considered in other improper, illicit, illegal and/or contrary to this Regulation and/or the applicable legislation.
3.15. sporthy.com/TEA WEB SAS declines its own responsibility for the possible publication of the material referred to above undertaking to remove these content that is obscene, violent, abusive, sexually explicit, etc..., in the shortest time possible, consistent with its own organizational abilities.
3.16. sporthy.com/TEA WEB SAS to its own discretion evaluates in any case the appropriateness of the material published by User with the specific objectives of the site, reserving the right to not publish the same or to modify and/or to cancel that already published.
3.17. For the violation of one of the above duties and prohibitions sporthy.com/TEA WEB SAS reserves the right to remove without notice the profile of User, to cancel his subscription and to promote against him legal proceedings at the competent authorities, in every state and according to the respective laws to protect its position.
3.18. The user must refrain from any type of collection of data relating to names of Members, e-mail addresses for commercial purposes and/or personal, photographic reproductions, reproductions video, audio reproduction, outside without permission from sporthy.com and according to the purposes of the site.
3.19. In the case a user is aware of one of the infringements listed above or of other behaviour which considers to BE ILLEGAL AND prejudicial in relation to Sporthy.com/TEA WEB SAS or against third parties, may accede to form ‘Abuse Report’ to suggest an abuse and follow the appropriate instructions.
3.20. Sporthy.com/TEA WEB SAS HAS THE RIGHT, IN ANY CASE TO ELIMINATE THE PROFILE OF USER without notice, EVEN WHERE IT CONSIDERS IN ITS unquestionable judgement that the behaviour of the same includes violations of this Regulation or of rights of third parties or the rules nevertheless apply. The user cannot in any case require or require from sporthy.com any form of recognition or compensation or damage claimed.
3.21. In the case the user considers that third parties are using unlawfully its identity, he must notify immediately to sporthy.com/TEA WEB SAS which will be active to remove the illegal profiles.
3.22. The user undertakes in any case not to disseminate information and content that infringes the rights of third parties or which have defamatory nature, injurious, obscene, offensive, violent or which incite violence, political, racist or xenophobic and in general, any Content CONTRARY TO THE OBJECT OF sporthy.com. In case of violation of the prohibitions sporthy.com/TEA WEB SAS reserves the right to remove the profile of User, cancel its registration and to promote against these criminal judicial action and/or civil and/or to the competent administrative authorities, in every state and according to the respective laws. 3.23. The user is aware that certain profiles of users could conceal identity different to those published. Sporthy.com/TEA WEB SAS may not be considered responsible for the consequences of any such behaviour in respect of any its user.
3.24. The user declares that any conduct which constitutes crimes of users in respect of other users or to third parties may not be attributable to sporthy.com/TEA WEB SAS.
3.25. It is forbidden to user to publish and/or insert in their own profile data deemed sensitive by the legislation on Italian privacy. Within the meaning of Article. 4 of Legislative Decree 30.06.2003 n.196, for sensitive data says: Personal data such as to disclose a racial and ethnic origin, religious convictions, philosophical or otherwise, political opinions, the accession to parties, unions, associations or organisations with religious character, philosophical, political or trade unions, and the personal data such as revealing the health status and sex life. Sporthy.com/TEA WEB SAS recalls that the reproduction photographs may be appropriate to disclose sensitive data and prohibits its users the publication of these types of images. Sporthy.com is not and will not deal with sensitive data and will exercise a timely removal of the same consistent with its technical capacity and organization. In the case of infringement of this Article sporthy.com reserves the right to protect its position in the relevant fora.
SECTION 4
DETAILS PRIVACY AND TECHNOLOGY
4.1. sporthy.com was created and provides its services in full compliance with the Italian and European legislation on Privacy.
4.2. The user declares to have taken vision of the section on privacy annexed to this Regulation in point 7 of which forms an integral part.
4.3. The conception of the overall sporthy.com, the symbols, the marks, the texts of the applications are all exclusive property of sporthy.com and for no reason may be the subject of duplication, transmission, editing, copy or use which infringe the rights of ownership of sporthy.com.
4.4. The texts, the photographic reproductions, the video reproductions, the audio reproduction and in general, all the content included in sporthy.com by the users, are and remain the property of individual users that have inserted, which shall grant to sporthy.com/TEA WEB SAS a free RIGHT of temporary use of content, LIMITED TO THE PERIOD OF REGISTRATION OF USER, and for proper and institutional objectives of sporthy.com.
4.5. The user allows sporthy.com/TEA WEB SAS to publish their own content in all the countries of the world without this involving any infringement of rights of privacy, intellectual property rights and in any case of any other rights which is due to its creator and/or creator of the contents. In this connection the user guarantees and undertakes to keep free sporthy.com from any sum should be ordered to pay to other users, countries or their dependants of compensation, in any type of procedure, judicial and not, because of violations of the user of industrial property rights and intellectual of third parties and/or any other rights which is due to its creator and/or creator of the content.
4.6. In each case the violation even just one of the rights listed above authorizes sporthy.com/TEA WEB SAS to bring proceedings in the appropriate forum for the protection of their rights.
4.7. The means used to access to sporthy.com-like hardware, software, means of navigation in the network-are the exclusive property of the user and under its direct responsibility.
4.8. For access to sporthy.com is necessary that the user uses its own or technical means provided by third parties for the connection to World Wide Web.
4.9. Their costs are fully supported by User that in no case may pass on sporthy.com/TEA WEB SAS to any title.
4.10. The user undertakes to respect the rules and regulations in force in their countries of residence concerning the use of instruments for access and use of the World Wide Web. 4.11. The responsibility of the use of their account is the exclusive competence of the user. Account and password must not be communicated to third parties. Sporthy.com/TEA WEB SAS will not be held responsible in any way of the loss and/or of forgetfulness of account and password.
4.12. Sporthy.com/TEA WEB SAS may not be held responsible for omissions in the storage and/or transmission and/or handling of Data posted by users or exchanged between users and may in any case establish QUANTITATIVE LIMITS AND/OR temporary to the conservation and/or transmission of instant messages treaties by the users.
4.13. In the case of loss and/or loss of Account or password, ON REQUEST AND REQUEST OF sporthy.com generates new user account or new PSWD through appropriate ITER present in the platform sporthy.com
4.14. Sporthy.com/TEA WEB SAS recommends all users to finish each Session in sporthy.com by closing its account and/or in any case not leave the terminal unattended with open window in sporthy.com.
SECTION 5
RELATIONS BETWEEN USERS
5.1 Sporthy.com is a platform designed to standardize sportive curriculums in the world so that users can easily, quickly and safely look profiles of other users finding appropriate solutions to their capacity.
5.2 This considered, sporthy.com/TEA WEB SAS may not be considered responsible for the negotiations conducted by the users with other users or with third parties.
5.3. Sporthy.com/TEA WEB SAS is not liable for damage suffered by user due to contract negotiations or to unilateral promises or any other obligation or relationship or matter which the user cultivates with other users or with third parties. Those relations remain in the sphere of action and personal responsibilities of the users and third parties.
SECTION 6
Disputes, Law and jurisdiction applicable
6.1. For any dispute arising between sporthy.com/TEA WEB SAS and the user the Parties declare that the rules abovementioned constitute the single regulation governing the relationship. The Parties shall indicate only and exclusively to the same conventional rules and contractual, drawn up in respect of the legislation of the Italian Republic to which, therefore, the ratio must be reduced. The Parties declare that they also refer any dispute arising from this contract, and in any case by use of sporthy.com, to the exclusive Forum of the Court of Milan.
6.2. Sporthy.com provides the English version of this document for an end only facilities for their users. sporthy.com specify that the English version is a translation as closer to the original English version which therefore must be reduced any interpretation semantics, legal and juridical in case of conflict with the Italian language other than that. THE ITALIAN LANGUAGE rule and govern the relationship between sporthy.com and its users.
Disputes, Law and jurisdiction applicable
6.1. For any dispute arising between sporthy.com and the user the Parties declare that any rules constitute L single regulation governing the relationship. The Parties shall indicate only and exclusively to the same conventional rules and contractual, drawn up in respect of the legislation of the Italian Republic to which, therefore, the ratio must be reduced. The Parties declare that they also refer any dispute arising from this contract, and in any case by use of sporthy.com, the Forum exclusive to the Court of Milan.
6.2. Sporthy.com provides the English version of this document only for an informative scope for their users. Sporthy.com/TEA WEB SAS specify that the English version is a translation close to the original Italian version which therefore must be reduced any interpretation of semantics, legal and juridical interpretation in case of conflict with the Italian language. THE ITALIAN LANGUAGE rule and govern the relationship between sporthy.com and its users.
The user declares, according to the second paragraph of Art. 1341 ITALIAN CIVIL CODE, have read and to approve in writing the conditions referred to in
Articles: 2.1. UNILATERAL CHANGE OF THE REGULATION ON THE PART OF Sporthy.com/TEA WEB SAS; 3.8. Salvatorial clause; 3.11. Salvatorial clause/restriction
proposition action against Sporthy.com/TEA WEB SAS; 3.13. Limitation proposition action against Sporthy.com/TEA WEB SAS for abuse of other users in unlawful
use of the user profile; 3.16. Unilateral cancellation content User profile; 3.17. Unilateral cancellation User profile for breach of the points referred
to in Section 3; 3.20. Unilateral cancellation User profile to sole discretion of Sporthy.com/TEA WEB SAS; 3.22 unilateral cancellation User profile
for infringement rights of third parties; 4.4. Granting right of free use to an indefinite period of the content posted by User in favour
of Sporthy.com/TEA WEB SAS; 4.5. Salvatorial clause in respect of Sporthy.com/TEA WEB SAS FOR BREACH OF PRIVACY/industrial property/other rights
of third parties; 4.11. limit to the responsibility of Sporthy.com/TEA WEB SAS for loss, change of content; 5.2. /5.3. limit to the responsibility of
Sporthy.com/TEA WEB SAS for relations between users; 6.1. Disputes, Law and jurisdiction applicable
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