“30 Seconds to End Hunger” is a call for videos (hereinafter, the “Call”) of TheBlogTv S.p.A. (hereinafter, the “Company”) hosted on the website [white label URL] (hereinafter, the “Website”) from July 9th, 2012 until September 21st, 2012 (18:00).
Below we set forth the terms and conditions governing entry in the Call and the use of the audiovisual material made available by users on the Website.
1. General guidelines for entering the Call
1.1 In order to enter the Call it is necessary to first register on the Website and be over eighteen years old.
The user may register on the Website by filling in the data form, after having read and accepted these Terms and Conditions for entering (hereinafter, the “Terms and Conditions”) and the Privacy Policy published on the Website. The information inserted must be true and correct and will be retrieved and processed in terms of the Privacy Policy pursuant to Legislative Decree No. 196/2003 and other applicable legislation.
1.2 One registration will be accepted per e-mail address. Once the registration has been made, the user will receive an e-mail confirming registration to the Website, at the e-mail address provided in the registration form. Once registration to the Website has been made, the user will be able to take part in the competition by uploading one or more Videos (hereinafter the “Videos”).
1.3 With respect to instructions on the content of the Video, the editorial content and the technical specifications please refer to the brief on the competition available on the appropriate webpage.
2. Approval of the Videos
All the Videos uploaded will be reviewed by the Website editorial staff, who will make a preliminary assessment of whether they are suitable for publication and whether they are compliant with the guidelines outlined in the brief and therefore, on whether it is opportune to make them available on line. The editorial staff undertakes to examine and approve the Videos proposed within 7 days from the time the Video is uploaded. Every step involved in the management of the Video (approval, rejection, request for modifications, in case the Video is deemed suitable but is lacking in form or content) shall be notified to the user by e-mail or by any means of contact supplied upon registration to the Website. All the Videos approved shall be visible and available on the Website. The Company shall select the Videos retained most suitable, among all the approved Videos, for the purpose of exercising the right of first option described in detail in the paragraph below.
3.1 Agreement for possible use of the audiovisual material
3.1.1 By entering the Call and uploading one or more videos (hereinafter, the “Videos”) to the Website, the user grants the Company a global, non-exclusive, transferable license, free of charge, to use, reproduce, distribute, derive other works therefrom, view and play on the Company's websites, including the Website (directly or via links to another website) one or more Videos made available to the public on the Website, or which the user will send to the Company via any other means.
3.1.2 Moreover, by way of this agreement, the user grants the Company the right of first option to purchase all the rights on the Video in terms of article 3.1.3 below, which the Company may exercise at its full discretion and at any time, as long as it is within 1 year following the date the Video was provided to the Company or made available on the Website. The Company shall take the decision whether to purchase the rights on the Videos at its full discretion and, therefore, the user acknowledges that his making the Videos available on the Website does not result in any automatic reliance on and/or expectation of the Company's exercise of the option in terms of this article 3.1.2.
3.1.3 If the Company exercises the option in terms of article 3.1.2, as an automatic result of said purchase, the user shall henceforth assign the Company and third parties authorised by the Company all rights for exclusive worldwide use, without any limitations of time. These rights include, but are not limited to rights of reproduction, rights to show in public, right to derive other works therefrom, transmission to the public, making Videos available to the public, distribution, translation, hire and lending, in every form and with any means now available or which will become available in the future. Therefore, by virtue of the assignment, the Company will be able to, by way of example and not limited to, directly or through third party licensees (as indicated below), without any limitation as to the number of passages of use of each Video:
- Convert, reproduce in any format, including digital format, and with any means or procedure, transmit and/or make each Video available to the public, fully or partially, in any format and with any means and method of transmission, now in use or which will be used in future (by way of example and not limited to any type of telephone network, air cable or satellite television, re-broadcast via cable, free television, pay-television, pay-per-view, video-on-demand, near video-on-demand, digital television, DVB-H and DVB-X, IPTV, UMTS and GPRS) as well as using electronic networks such as the Internet (on one or more websites, without limitation), both in streaming as well as in download and/or any other technical means which allow use of the Videos;
- Use and distribute each Video in any analog or digital format, even in embedded mode, now in existence or which will exist in future (as an example CD, CD-Rom, CDi, VHS, DVD), by any means and through any commercial channel (as an example large and small retail distribution, newsagents, e-commerce); Distribute any Video, including distribution with other audiovisual material and/or press publication; Use the Videos, without any limitation, in audio, visual and/or audiovisual productions and products (including videocassettes, videotapes, videodiscs and other devices, even those not for sale, magnetic or optic IT media or off-line and on-line platforms which may or may not require the use of a computer for processing and/or development and/or transmission, i.e. electronic rights);
- Transcribe, play, show and act out the Videos in public, put them up for sale, lend and/or hire them, translate and or dub them, and insert leaflets, contests and games (including interactive games targeted to the public, in combination and/or partnership with commercial partners), sundry programs and shows, subtitles and distinctive signs (figures or names) into the Videos;
- Process and/or transform the Videos, store them in archives, make cuts, changes and/or additions, insert or substitute voice comments and/or soundtracks, translate them, use extracts thereof, register or file ownership thereof (also as a trademark), also in combination with symbols or names, transmit and, in any event, use clips, extracts, sequences and/or images from the Videos, also for promos and/or other types of advertising and, in any event, exploit the Videos in all the forms currently used or which will be used in future, without any additional compensation and/or indemnity payable to users;
- Interrupt the Videos with spots, billboards, jingles, promos, diaries, announcements, messages, texts and logos, both full-screen and split screen.
3.2 Exercise of the right of first option on the selected Videos
3.2.1 In terms of articles 3.1.2 and 3.1.3. above, during such time that the call is in place, the Company shall have the right but not the obligation, to exercise against payment, the right of first option on the Videos retained suitable and in line with the Brief. The Videos will be reviewed and selected by a commission of experts, reporting to FAO (hereinafter, the “Commission”).
3.2.2 The Company shall pay the authors of Videos that are optioned for purchase the following amounts of money:
1st video selected at the Commission's discretion: 3,500 Euro;
2nd video selected at the Commission's discretion: 1,000 Euro;
3rd video selected by vote of the Community: 500 Euro.
3.2.3 The Company reserves the right to not select any Video from amongst those sent during the course of the competition and the authors cannot, in any event, claim or expect any form of payment or compensation.
3.2.4 The competition does not include any form of prize and the amount paid to the author of the Videos on any Video on which the right of first option has been exercised shall be considered solely as compensation for rights assigned by the author to the Company and for the service given.
3.2.5 Payment of the compensation is subject to the receipt by the Company of the present terms and conditions duly signed by the author of the Video in favour of whom the right of first option was exercised, accompanied by a photocopy of a valid identification document.
4. Method of payment of compensation
Via e-mail the company shall send the user a statement listing in detail the Video(s) selected and the total amount accrued. After the statement is sent, the Company shall pay the related amount due within 60 days from receipt of a suitable document for tax purposes (i.e. invoice).
The statement shall be sent to the e-mail address the user indicates at the time of registering to the Website. Therefore, the user shall be responsible for promptly informing the Company of any changes in e-mail address. In absence of such information, our Company cannot be deemed liable for any delays or omissions in sending statements and/or payments.
The compensation may be paid only and exclusively to the user's PayPal account. No payments can be made to users without PayPal accounts.
5. Voting
The Company may conduct surveys regarding the Videos among users and/or third parties, and put the Videos up for voting to create a ranking of the users' favourite Videos. The Company is in no way bound by the results of voting, or obligated to select the Videos that receive the most votes or are the most liked by users of the Website.
6. Limitation of Liability
In view of the ways of entering the call, the Company does not assume any responsibility with respect to any technical malfunction of the hardware or software, interruption to the Internet connection, failed, incorrect, inaccurate, incomplete, illegible, damaged, lost, delayed, incorrectly addressed or intercepted registration by users, or any other registration by users which for any reason was not received by the Company, electronic communications of any other kind which were delayed or any other technical problem linked to the registration by users and to the upload of the Videos in the course of the this initiative. Likewise, the Company does not give users any guarantee of proper functioning of the Website and of the programs forming part thereof.
7. Exclusions
7.1 Videos which the company, at its sole and unquestionable discretion, shall deem to be unsuitable for publication may be excluded or removed from the Website. Also, the Company reserves the right to prohibit access to the Website to those users which have been held liable for any illegal deed. By way of example, the Company reserves the right to exclude works which contain material which is in breach of third party rights (breach of industrial/intellectual property rights), could be considered discriminatory based on race, and/or religion and/or nationality; is violent, pornographic or of a sexual nature; is defamatory; incites hatred; contains reference to alcohol, drugs or illegal substances; is contrary to law or contains reference to ill-treatment of animals.
7.2 Also no consideration shall be given to Videos which fall outside the theme, do not comply with the form and content described in detail in the brief of the call and in these Terms and Conditions.
Users who use fraudulent means or means which are in breach of the normal development of the call and users who, as an example but not limited to, hinder the registration process by other users, manipulate the proper functioning of the Website or in any other way breach the Terms and Conditions, may also be excluded from taking part in the call. The Company reserves the right to proceed, as deemed opportune and in line with current laws in force, to limit and curtail any action aimed at circumventing the applicable system. Any fraud or attempted fraud shall be duly reported in terms of law.
8. Warranties and indemnity
8.1 By entering the competition, users declare and guarantee:
• that the Videos uploaded by them do not contain any material which is in breach of the rights, pleas and claims of third parties whether financial or personal (ref. to Law 633 of 1941, to Law No. 196 of 2003 and other applicable laws and regulations);
• that they have obtained from all persons appearing and/or present on the Video all the authorizations and releases necessary in terms of these Terms and Conditions of entry even with respect to Law No. 196/2003 and that they can, upon request by the Company, provide the relative evidentiary documentation within 10 days from request made even by e-mail;
• that the Videos do not contain any visual or audio material which, in terms of current laws in force, constitutes advertising material or is in any case illegal in terms of current laws or regulations;
• that they have obtained written authorisation from the parents and persons having parental authority for Videos which show minors or disabled persons, even in terms of Law 196/2003, and that they can, upon request by the Company, provide the relative evidentiary documentation within 10 days from request made even by e-mail;
• that the Videos are freely and legally unusable in line with the provisions of these Terms and Conditions of entry, in that the author of the works is the only holder of the rights of use therefore, or that he has acquired the authorisation of all the persons having any such rights thereon, having properly fulfilled any requirement and/or satisfied any right even of a financial nature, pertaining to the authors of the contents and/or works from which such contents are derived and/or extracted, or other persons who have any such right, as an example “Siae”, or audio/visual release for use of images, name and voice in terms of law;
• that they are fully aware that any liability, including criminal liability, with respect to each work lies with the user that has uploaded the video.
8.2 Users agree to hold harmless and to indemnify the Company and third parties having rights, from any claims, petitions or legal actions (including reasonable legal expenses) and connected to or deriving from the use of the Videos uploaded by them or the rights granted pursuant to the Terms and Conditions of entry and the breach of the declarations and warranties given in terms of article 8.1 above.
8.3 Users declare that they are fully aware that entering the competition does not give rise to any inherent right or to any form of consideration.
9. Sublicense
The user expressly authorises the Company to sublicense the Videos to third parties. Therefore, the same rights set forth in terms of article 3.1.3 above may be exercised directly by the Company and by third parties authorised by the Company to act as sublicensees. In such case, it is understood that the Company will agree with the third parties on the conditions for exercise of the above rights.
10. Access to discussion forums
By virtue of these Terms and Conditions, the user shall have the right to access discussion forums that the Company may make available on the Website (wall) and/or on other websites managed by the Company. This access shall take place according to the methods set forth on the Website (which may be changed on a case-by-case basis by the Company, at its discretion), it being understood that, also in this case, the Company shall decide availability and operations of said forums at its discretion.
In participating in the above forums, the user must refrain from posting any messages in the forums which violate law or any rights of third parties, are obscene, defamatory and/or offensive to any individual or legal person and/or to any religion, race or social group, etc., and in this regard, the user henceforth undertakes to hold the Company fully harmless from any damages caused by any claims of third parties relating to the contents of messages posted in said forums. In any event, the Company reserves the right not to public, or to eliminate any message from said forums, at any time, when deemed suitable, at its discretion.
Moreover, the user will receive a newsletter from the Company, at a frequency determined by the Company, containing updates on the programs and activities of the Website.
11. Information available on the Website
The user expressly accepts that the Company shall indicate the following information relating to the user's profile on the Website, making it available to any user of the Website. Such information relates to the purposes of this call and, in any event, do not reveal the identity of the user:
- the username selected by the user at the time of registering to the Website;
- the date of the user's registration;
- the profile description provided by the user at the time of registration to the Site;
- the latest Videos selected by the Company (showing the title and date);
- the user's Italian province of residence;
- the votes received by his Videos, the opinion expressed by users of the Website and any comments of users of the Website.
12. Applicable law and jurisdiction
These Terms and Conditions shall be governed by Italian Law. The Court of Milan shall have exclusive jurisdiction over any disputes relating to the validity, interpretation and execution of these Terms and Conditions.
13 General rules
No provision of these Terms and Conditions may be interpreted in such a way as to limit or rule out the application of mandatory regulations protecting consumers' interests and, in each case, the mandatory application regulations in force in the user's country of residence. The user expressly accepts that, for the purposes of this call, the Company may contact him/her via e-mail, telephone or any other distance means of communication.
14. Acceptance
The participants in this call declare that they accept these Terms and Conditions for entry in full.
“30 Seconds to End Hunger” is a call for videos (hereinafter, the “Call”) of TheBlogTv S.p.A. (hereinafter, the “Company”) hosted on the website [white label URL] (hereinafter, the “Website”) from July 9th, 2012 until September 21st, 2012 (18:00).
Below we set forth the terms and conditions governing entry in the Call and the use of the audiovisual material made available by users on the Website.
1. General guidelines for entering the Call
1.1 In order to enter the Call it is necessary to first register on the Website and be over eighteen years old.
The user may register on the Website by filling in the data form, after having read and accepted these Terms and Conditions for entering (hereinafter, the “Terms and Conditions”) and the Privacy Policy published on the Website. The information inserted must be true and correct and will be retrieved and processed in terms of the Privacy Policy pursuant to Legislative Decree No. 196/2003 and other applicable legislation.
1.2 One registration will be accepted per e-mail address. Once the registration has been made, the user will receive an e-mail confirming registration to the Website, at the e-mail address provided in the registration form. Once registration to the Website has been made, the user will be able to take part in the competition by uploading one or more Videos (hereinafter the “Videos”).
1.3 With respect to instructions on the content of the Video, the editorial content and the technical specifications please refer to the brief on the competition available on the appropriate webpage.
2. Approval of the Videos
All the Videos uploaded will be reviewed by the Website editorial staff, who will make a preliminary assessment of whether they are suitable for publication and whether they are compliant with the guidelines outlined in the brief and therefore, on whether it is opportune to make them available on line. The editorial staff undertakes to examine and approve the Videos proposed within 7 days from the time the Video is uploaded. Every step involved in the management of the Video (approval, rejection, request for modifications, in case the Video is deemed suitable but is lacking in form or content) shall be notified to the user by e-mail or by any means of contact supplied upon registration to the Website. All the Videos approved shall be visible and available on the Website. The Company shall select the Videos retained most suitable, among all the approved Videos, for the purpose of exercising the right of first option described in detail in the paragraph below.
3.1 Agreement for possible use of the audiovisual material
3.1.1 By entering the Call and uploading one or more videos (hereinafter, the “Videos”) to the Website, the user grants the Company a global, non-exclusive, transferable license, free of charge, to use, reproduce, distribute, derive other works therefrom, view and play on the Company's websites, including the Website (directly or via links to another website) one or more Videos made available to the public on the Website, or which the user will send to the Company via any other means.
3.1.2 Moreover, by way of this agreement, the user grants the Company the right of first option to purchase all the rights on the Video in terms of article 3.1.3 below, which the Company may exercise at its full discretion and at any time, as long as it is within 1 year following the date the Video was provided to the Company or made available on the Website. The Company shall take the decision whether to purchase the rights on the Videos at its full discretion and, therefore, the user acknowledges that his making the Videos available on the Website does not result in any automatic reliance on and/or expectation of the Company's exercise of the option in terms of this article 3.1.2.
3.1.3 If the Company exercises the option in terms of article 3.1.2, as an automatic result of said purchase, the user shall henceforth assign the Company and third parties authorised by the Company all rights for exclusive worldwide use, without any limitations of time. These rights include, but are not limited to rights of reproduction, rights to show in public, right to derive other works therefrom, transmission to the public, making Videos available to the public, distribution, translation, hire and lending, in every form and with any means now available or which will become available in the future. Therefore, by virtue of the assignment, the Company will be able to, by way of example and not limited to, directly or through third party licensees (as indicated below), without any limitation as to the number of passages of use of each Video:
- Convert, reproduce in any format, including digital format, and with any means or procedure, transmit and/or make each Video available to the public, fully or partially, in any format and with any means and method of transmission, now in use or which will be used in future (by way of example and not limited to any type of telephone network, air cable or satellite television, re-broadcast via cable, free television, pay-television, pay-per-view, video-on-demand, near video-on-demand, digital television, DVB-H and DVB-X, IPTV, UMTS and GPRS) as well as using electronic networks such as the Internet (on one or more websites, without limitation), both in streaming as well as in download and/or any other technical means which allow use of the Videos;
- Use and distribute each Video in any analog or digital format, even in embedded mode, now in existence or which will exist in future (as an example CD, CD-Rom, CDi, VHS, DVD), by any means and through any commercial channel (as an example large and small retail distribution, newsagents, e-commerce); Distribute any Video, including distribution with other audiovisual material and/or press publication; Use the Videos, without any limitation, in audio, visual and/or audiovisual productions and products (including videocassettes, videotapes, videodiscs and other devices, even those not for sale, magnetic or optic IT media or off-line and on-line platforms which may or may not require the use of a computer for processing and/or development and/or transmission, i.e. electronic rights);
- Transcribe, play, show and act out the Videos in public, put them up for sale, lend and/or hire them, translate and or dub them, and insert leaflets, contests and games (including interactive games targeted to the public, in combination and/or partnership with commercial partners), sundry programs and shows, subtitles and distinctive signs (figures or names) into the Videos;
- Process and/or transform the Videos, store them in archives, make cuts, changes and/or additions, insert or substitute voice comments and/or soundtracks, translate them, use extracts thereof, register or file ownership thereof (also as a trademark), also in combination with symbols or names, transmit and, in any event, use clips, extracts, sequences and/or images from the Videos, also for promos and/or other types of advertising and, in any event, exploit the Videos in all the forms currently used or which will be used in future, without any additional compensation and/or indemnity payable to users;
- Interrupt the Videos with spots, billboards, jingles, promos, diaries, announcements, messages, texts and logos, both full-screen and split screen.
3.2 Exercise of the right of first option on the selected Videos
3.2.1 In terms of articles 3.1.2 and 3.1.3. above, during such time that the call is in place, the Company shall have the right but not the obligation, to exercise against payment, the right of first option on the Videos retained suitable and in line with the Brief. The Videos will be reviewed and selected by a commission of experts, reporting to FAO (hereinafter, the “Commission”).
3.2.2 The Company shall pay the authors of Videos that are optioned for purchase the following amounts of money:
1st video selected at the Commission's discretion: 3,500 Euro;
2nd video selected at the Commission's discretion: 1,000 Euro;
3rd video selected by vote of the Community: 500 Euro.
3.2.3 The Company reserves the right to not select any Video from amongst those sent during the course of the competition and the authors cannot, in any event, claim or expect any form of payment or compensation.
3.2.4 The competition does not include any form of prize and the amount paid to the author of the Videos on any Video on which the right of first option has been exercised shall be considered solely as compensation for rights assigned by the author to the Company and for the service given.
3.2.5 Payment of the compensation is subject to the receipt by the Company of the present terms and conditions duly signed by the author of the Video in favour of whom the right of first option was exercised, accompanied by a photocopy of a valid identification document.
4. Method of payment of compensation
Via e-mail the company shall send the user a statement listing in detail the Video(s) selected and the total amount accrued. After the statement is sent, the Company shall pay the related amount due within 60 days from receipt of a suitable document for tax purposes (i.e. invoice).
The statement shall be sent to the e-mail address the user indicates at the time of registering to the Website. Therefore, the user shall be responsible for promptly informing the Company of any changes in e-mail address. In absence of such information, our Company cannot be deemed liable for any delays or omissions in sending statements and/or payments.
The compensation may be paid only and exclusively to the user's PayPal account. No payments can be made to users without PayPal accounts.
5. Voting
The Company may conduct surveys regarding the Videos among users and/or third parties, and put the Videos up for voting to create a ranking of the users' favourite Videos. The Company is in no way bound by the results of voting, or obligated to select the Videos that receive the most votes or are the most liked by users of the Website.
6. Limitation of Liability
In view of the ways of entering the call, the Company does not assume any responsibility with respect to any technical malfunction of the hardware or software, interruption to the Internet connection, failed, incorrect, inaccurate, incomplete, illegible, damaged, lost, delayed, incorrectly addressed or intercepted registration by users, or any other registration by users which for any reason was not received by the Company, electronic communications of any other kind which were delayed or any other technical problem linked to the registration by users and to the upload of the Videos in the course of the this initiative. Likewise, the Company does not give users any guarantee of proper functioning of the Website and of the programs forming part thereof.
7. Exclusions
7.1 Videos which the company, at its sole and unquestionable discretion, shall deem to be unsuitable for publication may be excluded or removed from the Website. Also, the Company reserves the right to prohibit access to the Website to those users which have been held liable for any illegal deed. By way of example, the Company reserves the right to exclude works which contain material which is in breach of third party rights (breach of industrial/intellectual property rights), could be considered discriminatory based on race, and/or religion and/or nationality; is violent, pornographic or of a sexual nature; is defamatory; incites hatred; contains reference to alcohol, drugs or illegal substances; is contrary to law or contains reference to ill-treatment of animals.
7.2 Also no consideration shall be given to Videos which fall outside the theme, do not comply with the form and content described in detail in the brief of the call and in these Terms and Conditions.
Users who use fraudulent means or means which are in breach of the normal development of the call and users who, as an example but not limited to, hinder the registration process by other users, manipulate the proper functioning of the Website or in any other way breach the Terms and Conditions, may also be excluded from taking part in the call. The Company reserves the right to proceed, as deemed opportune and in line with current laws in force, to limit and curtail any action aimed at circumventing the applicable system. Any fraud or attempted fraud shall be duly reported in terms of law.
8. Warranties and indemnity
8.1 By entering the competition, users declare and guarantee:
• that the Videos uploaded by them do not contain any material which is in breach of the rights, pleas and claims of third parties whether financial or personal (ref. to Law 633 of 1941, to Law No. 196 of 2003 and other applicable laws and regulations);
• that they have obtained from all persons appearing and/or present on the Video all the authorizations and releases necessary in terms of these Terms and Conditions of entry even with respect to Law No. 196/2003 and that they can, upon request by the Company, provide the relative evidentiary documentation within 10 days from request made even by e-mail;
• that the Videos do not contain any visual or audio material which, in terms of current laws in force, constitutes advertising material or is in any case illegal in terms of current laws or regulations;
• that they have obtained written authorisation from the parents and persons having parental authority for Videos which show minors or disabled persons, even in terms of Law 196/2003, and that they can, upon request by the Company, provide the relative evidentiary documentation within 10 days from request made even by e-mail;
• that the Videos are freely and legally unusable in line with the provisions of these Terms and Conditions of entry, in that the author of the works is the only holder of the rights of use therefore, or that he has acquired the authorisation of all the persons having any such rights thereon, having properly fulfilled any requirement and/or satisfied any right even of a financial nature, pertaining to the authors of the contents and/or works from which such contents are derived and/or extracted, or other persons who have any such right, as an example “Siae”, or audio/visual release for use of images, name and voice in terms of law;
• that they are fully aware that any liability, including criminal liability, with respect to each work lies with the user that has uploaded the video.
8.2 Users agree to hold harmless and to indemnify the Company and third parties having rights, from any claims, petitions or legal actions (including reasonable legal expenses) and connected to or deriving from the use of the Videos uploaded by them or the rights granted pursuant to the Terms and Conditions of entry and the breach of the declarations and warranties given in terms of article 8.1 above.
8.3 Users declare that they are fully aware that entering the competition does not give rise to any inherent right or to any form of consideration.
9. Sublicense
The user expressly authorises the Company to sublicense the Videos to third parties. Therefore, the same rights set forth in terms of article 3.1.3 above may be exercised directly by the Company and by third parties authorised by the Company to act as sublicensees. In such case, it is understood that the Company will agree with the third parties on the conditions for exercise of the above rights.
10. Access to discussion forums
By virtue of these Terms and Conditions, the user shall have the right to access discussion forums that the Company may make available on the Website (wall) and/or on other websites managed by the Company. This access shall take place according to the methods set forth on the Website (which may be changed on a case-by-case basis by the Company, at its discretion), it being understood that, also in this case, the Company shall decide availability and operations of said forums at its discretion.
In participating in the above forums, the user must refrain from posting any messages in the forums which violate law or any rights of third parties, are obscene, defamatory and/or offensive to any individual or legal person and/or to any religion, race or social group, etc., and in this regard, the user henceforth undertakes to hold the Company fully harmless from any damages caused by any claims of third parties relating to the contents of messages posted in said forums. In any event, the Company reserves the right not to public, or to eliminate any message from said forums, at any time, when deemed suitable, at its discretion.
Moreover, the user will receive a newsletter from the Company, at a frequency determined by the Company, containing updates on the programs and activities of the Website.
11. Information available on the Website
The user expressly accepts that the Company shall indicate the following information relating to the user's profile on the Website, making it available to any user of the Website. Such information relates to the purposes of this call and, in any event, do not reveal the identity of the user:
- the username selected by the user at the time of registering to the Website;
- the date of the user's registration;
- the profile description provided by the user at the time of registration to the Site;
- the latest Videos selected by the Company (showing the title and date);
- the user's Italian province of residence;
- the votes received by his Videos, the opinion expressed by users of the Website and any comments of users of the Website.
12. Applicable law and jurisdiction
These Terms and Conditions shall be governed by Italian Law. The Court of Milan shall have exclusive jurisdiction over any disputes relating to the validity, interpretation and execution of these Terms and Conditions.
13 General rules
No provision of these Terms and Conditions may be interpreted in such a way as to limit or rule out the application of mandatory regulations protecting consumers' interests and, in each case, the mandatory application regulations in force in the user's country of residence. The user expressly accepts that, for the purposes of this call, the Company may contact him/her via e-mail, telephone or any other distance means of communication.
14. Acceptance
The participants in this call declare that they accept these Terms and Conditions for entry in full.