Terms and conditions of use of the mobile app "Friendz"
1. Property and Terms of Service 1.1. These Terms of Service govern the use of the Friendz or Mobile Platform application (hereinafter referred to as "the App"), created and managed by Friendz SA, located in Corso San Gottardo 16 – 6830 Chiasso (Hereinafter "Company" or "Friendz"), by users (hereinafter collectively referred to as "Users" and individually as "User").
1.2. User registration and use of the App are subject to the full and explicit acceptance of these Terms of Service, which constitute a legally binding agreement between Friendz and the User regarding the use of the App by this 'last.
2. Changing Terms of Service 2.1. Friendz reserves the right to change the Terms of Service at any time, for example as a result of legislative or regulatory changes or modification of the services offered through the App, by giving notice to the User through App. 2.2. You must expressly accept the Terms of Service as amended because, in the event of non-acceptance of the Terms of Service as amended, the use of the App by the User will be suspended until acceptance of the Terms of Service as amended or Account Cancellation by the User.
2.3. The current Terms of Service will become effective on 12/07/2017 and will also apply unconditionally to accounts that have not been used for more than 90 days after the current Terms of Service have come into effect.
3. App Download and Account Creation 3.1. The User who intends to use the App must necessarily: (i) access the service of its content from the website http://friendz-app.com/ or download the application from the reference store of its mobile terminal; (ii) Provide accurate, complete, and truthful information required for the creation of the account and complete its identification procedure via the User's Facebook account; (iii) accept the Terms of Service and consent to the processing of your personal information after having read the privacy notice.
3.2. Friendz will send a confirmation message of the registration to the user's e-mail address once the registration procedure has been completed by entering the prize-winning data.
3.3. Downloading the App and creating your account is a necessary condition to use the service offered by Friendz as described in art. 7.
4. Requirements and Warnings for App Usage and Account Management 4.1. To use the App you must: (i) have reached the age of 18, indicating your personal details at the time of registration; (ii) hold a Facebook account that is eligible and active with at least 150 friends.
4.2. Access to the App and related social accounts must be kept confidential by the User, as he is deemed to be solely responsible for any activity performed personally or by third parties through his or her account, both with regard to Friendz and third parties: You agree to keep Friendz harmless towards third parties from any personal and non-pecuniary loss resulting from non-compliance with this Article.
4.3. You are required to immediately notify Friendz of any breach of security and any unauthorized use of your account you are aware of.
4.4. Friendz reserves the right to refuse access to the App or the provision of its services to any User and to delete accounts created by Users by name, appearance, e-mail address or other identifiable personal data as belonging to third parties or considered unfit for their full discretion.
4.5. Friendz defines "Not Fit" accounts any social account that is not fully real or created for secondary purposes related to the mere economic gain.
5. Account Usage Restrictions 5.1. Friendz, with the acceptance of this agreement by the User, authorizes you to use the App, subject to the following conditions. In particular, the User is not permitted: a) to use the App for commercial or advertising purposes without express permission from Friendz; b) collect and disclose in any way the personal data of the other Users, nor distribute the contents of the App; c) make any alteration or alteration to any part of the App, nor access to content through any means other than the App's video pages; d) avoid, disable or interfere in any way with the security-related elements of the APP and the services offered; e) in no way market access to the App or the services offered to the User; f) copy, reproduce, distribute, transmit, distribute, display, sell, license or otherwise exploit the contents of the App for any purpose without the written consent of Friendz; g) to forward, publish or transmit any text (including any comments), graphics or videos of a defamatory character, prejudice to others, obscene or pornographic, instigating racial, political, gender or religious hatred against individuals or groups, harming third party rights including intellectual property, contrary to Italian and European law or instigating their violation.
5.2. The Account Owner is responsible for ensuring that all the above-mentioned requirements are respected by the content that publishes through the App, claiming to be the sole owner and copyright owner of the same content, and exonerating and shrinking Friendz and its employees from any liability to third parties for any damages caused by the above contents, including defamatory, offensive or otherwise unlawful conduct, the responsibility of which falls, as described, entirely to the User.
6. Friendz Faculty in the event of a breach of the Terms of Service 6.1. Friendz reserves the right to investigate and prosecute, within the limits of law, violations of the Terms of Service, requesting, where necessary, the intervention of the Judicial Authority.
6.2. In case of breach by the User of these Terms of Service and / or the rules of use of the APP and / or the rules established for each campaign, Friendz reserves the right (s) to suspend, cancel (terminate the contractual relationship) or reset the balance of the credits accumulated in the relevant account to its unquestionable and exclusive judgment, with or without notice at its sole discretion; and (ii) prevent the User from using the App.
6.3. If a Friendz campaign or initiative entails access to or otherwise an activity for the User to be conducted on platforms of third parties, the provision of art. 6.2. applies expressly to cases of breach by the User itself of the rules of use of third-party platforms.
6.4. Photos taken by you will be published through the App on your personal social profiles of the User only after they have been approved by Friendz according to their own unquestionable judgment and, in particular, only if they comply with the requirements of the relevant campaign pursuant to art. 7 and (ii) to the Terms of Service. In any case, Friendz reserves the right to request cancellation at any time if, following further post-publication controls, photographs or content are evaluated as non-compliant. Friendz reserves the right to apply the penalties provided for in art. 6.2 and 8.4.
6.5. The exercise of the abovementioned faculties does not in any way entail the abandonment by Friendz of the legal actions that the law provides for the protection of rights.
7. Content of Friendz Service to Users via App 7.1. Through the App, Friendz allows Users to participate in various activities promoted by commercial companies (hereinafter "Companies").
7.2. By deciding to publish photos or any other functional content to participate in a campaign, the User waives any confidentiality warranties on them.
7.3. The copyright on photos posted on Facebook via the App remains with the User, who can grant Friendz through the consent within the application, a license, exclusive and transferable to third parties (with the right to grant sub licenses) for the use, public or private reproduction, distribution, or economic exploitation of any kind, including the right to modify the contents or to assemble them with other content.
7.4. When publishing a photo through the App, you may grant your prior consent to use by Friendz on its channels (site, Facebook page or bulletin board within the APP) and the transfer of the right of the economic exploitation of photography in favor of Friendz or third parties, in respect of the payment of a predetermined price and expressed in Credits according to the provisions of art. 8. In the event that the request for the transfer of the right of exploitation takes place by the Company, you agree to waive the right to exploit the image in exclusive form and not to use the image elsewhere.
7.5. You acknowledge and agree to be the sole responsible for your photos and the consequences of their publication, and declare that you are aware that Friendz is not responsible for any consequence associated with the User's uploaded content.
7.6. It is not permitted for the User to publish photos that are not owned or contain illegal material deemed to be covered by the copyright of third parties under their own discretion. It is not allowed to participate with photos already posted online, except for publication on one of their social profiles. In case of breach Friendz reserves the right to apply the sanctions provided for in art. 6.2 and 8.4.
7.7. 7.7 The user undertakes to keep the company indebted and relieve the other party towards users or third parties of the ownership or exploitation of the image rights of the other subjects possibly retracted in the published photos.You acknowledge and recocgnize that you have all the necessary licenses, rights, permissions required to allow Friendz to use the photos in accordance with these Terms of Service.
7.9. When Friendz becomes aware of any violation of these Terms of Service, he reserves the right (but not the obligation) to decide whether or not to report to the social network the photos for their removal and / You may post photos that are in violation of these Terms of Service at any time without notice and at your sole discretion.
7.10. Friendz reserves the right to organize and promote, through the App, promotional activities of various kinds, including with the involvement of third parties: in such cases, the regulation of individual initiatives will be communicated to Users via the App as is the case with the campaigns , and the User will be free to participate or not at the initiative. discretion. their removal and / or to prohibit the User from publishing photos that are in violation of these Terms of Service at any time, without notice and at its sole discretion.
7.11. The User has the opportunity, by giving explicit permission to do so at the time of publication, to share his photographs with other members of the Friendz community on a specific message board within App.8. Compensation for the User.
8.1. After the valid participation in each activity pursuant to art. 6.4. Friendz recognizes to the User virtual credits available on e-commerce of commercial companies ("Credits"). Credits are cumulative, and are made available only after reaching a minimum threshold set by the chosen prize.
8.2. By opening the section entitled "Prizes" on the App, the User will be able to check at any time the balance of Credits accumulated with the assets.
8.3. Once the Credit Limit has been reached, the User will only be entitled to reimburse his / her compensation after completing the appropriate form in the Application and entering and confirming by email the requested information (eg name, surname, address, age , email, phone number, etc.).
8.4. In the cases provided for in art. 4.4, 6.2, 6.4, 7.8. and any breach of the rules and rules contained within the individual campaigns, the Company reserves the right to cancel and extinguish any Credit received by the User at its sole discretion.
9.1. The App and the services contained therein are provided in the state of affairs in which they are found, without any warranty by Friendz regarding their quality and condition, nor about the user's satisfaction in using them.
9.2. Friendz also does not warrant that the App and the services contained therein are available without interruption, risk or error or assume responsibility for technical, hardware or software malfunctions, network connection interruptions, incorrect, inaccurate, inaccurate user registrations , incomplete, illegible, damaged, lost, delayed, incorrectly directed, unrecognized, delayed or incorrect electronic or other communications, problems in downloading multimedia content, and software operating problems already on the Site.
9.3. No responsibility for Friendz is also about the truthfulness, correctness, accuracy, punctuality, completeness or reliability of the information found on the App or through links to high mobile applications or websites in it.
9.4. Except as a result of gross negligence or gross negligence under the law, Friendz is not liable to you for any losses (including goodwill or commercial reputation) or damages suffered by you: (i) for relying on completeness, fairness or existence of any advertising or relationship between the User and any sponsor or advertiser present on the App; (ii) following any changes that Friendz may make to the App or its services, or for the temporary or permanent termination thereof; (iii) for the deletion, corruption or loss of multimedia content and other data stored or transmitted through the App; (iv) failure to provide the User with Friendz with accurate and truthful information about the account being registered; (v) for failure by the registered User to keep secret and confidential account data.
9.5. You acknowledge and agree that Friendz may, at its sole discretion, interrupt (temporarily or permanently) the accessibility to the App (or any item within the App) against or against the Users in general, without this having been communicated in advance.
9.6. The restrictions on Friendz's liability under this Article apply irrespective of the Company's knowledge of the possibility of causing losses or damages in the specific case.
Duration and termination of the relationship with Friendz
10.1. This Agreement remains in effect until you withdraw from the User or Friendz as set forth below.
10.2. Cancellation can be made at any time by both Friendz and the User. If the User intends to terminate the contract with the Company, he or she may do so by: (i) communicating to the Company by email at email@example.com by providing the necessary data for the recognition of his account: - name used on Facebook - mail used to access Facebook - Nickname if indicated in profile
10.3. If Friendz intends to terminate the contract with the User, he / she will send a notice of the App with reasonable notice followed by an electronic communication to the e-mail box from the latter and will subsequently cancel the account.
10.4. As soon as this Agreement ceases, all rights, obligations and responsibilities of the Parties for which indefinite duration is expected will not be affected by such termination, including the rights and faculties of the Company referred to in 'art. 7.
10.5. In order to preserve and preserve user privacy data, Friendz is committed to completely eliminating account data for users who do not access the App for more than 90 days.
10.6. If Friendz intends to delete privacy data with the user for non-user activity, it will send an electronic communication to the e-mail box from the latter and will then delete the account.
11. Miscellaneous 11.1. These Terms of Service in conjunction with the Information ex art. 13 of Legislative Decree no. 196/2003 regulate the legal relations between Friendz and the User, and completely replace any prior agreement between the Parties, which undertake to interpret and execute them in good faith.
11.2. Friendz will be able to send all communications regarding the User with the terms of art. 2 of the Terms of Service.
11.3. Friendz's lack of exercise of a right, an action, or a simple faculty arising from this agreement can never be interpreted as renouncing right, action or faculty.
11.4. If any of the clauses of this agreement is declared invalid by a competent Judge, the invalid provision will be removed non-retroactively from the Terms of Service without violating the remaining provisions to the extent permitted by the law. 12. Applicable Law and Competent Bureau 12.1. This Agreement is governed by Italian law and by the rules of Community law where it is directly applicable.
12.2. The User expressly agrees that all disputes concerning the interpretation, execution and termination of this Agreement shall be devolved exclusively to the Forum of Milan.
[ACCEPTABLE] For the purposes and for the effects of art. 1341 and 1342 c.c., the User subscribes and accepts separately the following terms of Service Terms: art. 2 (Amendment of Terms of Service), art. 4 (Requirements and Warnings for Using the App and Account Management), art. 5 (Limitations on Account Usage), art. 6 (Faculty of Friendz in case of violation of the Terms of Service), art. 7 (Content of the service offered by Friendz to Users via the App), art. 9 (Limitation of Friend's Responsibility), art. 12 (Applicable Law and Competent Bureau).