Terms and conditions of Promosfera srl website
Version nr. 2, date 4/03/2021
Ownership of the website and its contents
- Promosfera srl (hereinafter, also: “Promosfera”) is the owner of this website which is managed and kept up-to-date directly and / or through the company e-Project Srl
- The documentation, the images, the characters, the artistic work, the graphics, the software and the other contents of the site, and all the codes and forms on-line to implement the site, are property of our company or our company has the exclusive right of use of them.
- The material contained in the website is protected by copyright law. More accurately, Promosfera has made photographs, video and documentary images or descriptive texts to be included on its Internet site, which must be considered creative works and, therefore, the company is to be considered "author" pursuant to and for the effects of the law of 22 April 1941, nr. 633, as amended by Decree-Law of 30 December 2008, N. 207, converted into law, with modifications, by the law of conversion 27 February 2009, nr. 14 ("Protection of copyright and other rights related to its exercise"). As an author, Promosfera has the exclusive right of economic exploitation of the work, of reproduction, modification, transcription, adaptation, and the assignment to third parties of the right of use of originals, copies, or supports of works, even by hire or loan. The same applies to what concerns the composition of products, trademarks and other distinctive signs (e.g. logos), designations of origin, designs, inventions, utility models, confidential business information for which Promosfera has industrial property right under and for the effects of Legislative Decree 10 February 2005, nr. 30 – "Code of industrial Property, pursuant to article 15 of Law 12 December 2002, no 273", published in the Official journal nr. 52 of 4 March 2005 – Ordinary Supplement nr. 28, having registration due under the law.
- The use of the website is personal and not commercial, except for cases previously authorised in writing by Promosfera.
- For personal and professional purposes, and never for commercial purposes, the user can download texts or other contents of the website and publish by web or press, provided that it is explicitly and clearly mentioned the source.
- The user can download for personal and professional purposes, and not for commercial ones, banners, logos, placed in default “download” sections of the site, apart from where mentioned otherwise.
- The unauthorised reproduction of Promosfera’s institutional banner on other websites or on other digital or not digital communication tools is subject to our legal action. Our company constantly monitors the Web to check for unauthorised use of its logo.
Contents of the website and its purposes
The website is mainly aimed at publishing and disseminating information about services, products of Promosfera, events which are either organised or attended by the company (e.g.: sweepstakes and contests organisation on third parties’ behalf). This website describes Promosfera’s business activities, consisting in planning and organising, giving support and consultancy on competitions, sweepstakes and contests and promotional initiatives, in Italy and abroad, in compliance with the laws governing these subjects.
Besides, it offers the users (companies, entities and consumers) to contact Promosfera to ask for information about products and services, sign up for services of updated information on services and products provided, as well as to request an offer or quotation and access our social media.
Promosfera’s obligations, rights and disclaimer of liability
- The website may occasionally show links to other websites owned by bodies, organisations, companies: Promosfera cannot be held responsible of their content, availability, products and services offered and any damage or loss occurred as a result of their use. Moreover, it is not responsible for the purposes and means of data collection and processing carried out by such third parties.
- Promosfera undertakes to maintain a constant and high level of the services provided through the website but it cannot be held responsible for any damage, data or information loss, or other damage due to delay, incorrect or lack of information, restriction or loss of access, difficulty of any kind, errors, inaccurate or unauthorised access during browsing the website or other way of interaction in the service. Promosfera does not warrant and is not responsible that:
- the services provided through the website meet the user’s requirements and needs;
- the services provided through the website are without interruption, secure and without errors;
- information and results obtained using the services are always accurate and reliable;
- any technical fault of the software may be corrected.
- Promosfera disclaims any liability for any damage arising from the inaccessibility to the services provided through the website or any damage caused by viruses, damaged files, errors, omissions, service interruptions, deletion of content, network-related problems, or caused by providers’ services, phone and/or telematic connections, unauthorised access, alteration of data, failure and/or faulty functioning of the user’s electronic device.
- The user acknowledges that Promosfera is not to be held responsible for untruthful information sent directly by the user (e.g.: correctness of e-mail, phone number, postal address or of other personal or not personal data), as well as other information referred to the user and which have been provided by third parties even with fraud.
- It is clear that, by their nature, interactive and immediate tools aimed at exchanging opinions and any content which the website makes available, also through Promosfera’s social media, are generally difficult to control: Promosfera undertakes to check the correctness of the use of such tools in order to avoid that unlawful content is uploaded and disseminated: Promosfera reserves the right, at its sole discretion, to modify or not to publish content even after the user has sent it and also to prevent the user to access the services at any time and for any legitimate reason, without notice, and to inform, if the case, the supervisory authorities the unlawfulness of the content and/or the user’s actions are found out.
- In no event shall Promosfera be held liable for any improper, inconvenient, indecent, offensive content, directly or indirectly, sent by the user and for errors or omissions, transmitted or made available through, directly or indirectly, the website. Promosfera undertakes to avoid any unacceptable content from being published, but it cannot warrant that this occurs in real time, reserving the right to remove, at a later time, content of any kind, at its own discretion.
- The user acknowledges that Promosfera has the right to collect and store data provided by using the services available on the website, and to communicate them to the competent supervisory authorities, especially if unlawful actions are discovered and can result in offence:
- for justice purposes;
- to defend its own right against actions by third parties;
- for the protection of its own or users’ rights and security. Any breach, even if only assumed, of these conditions of use, or the breach of third parties’ rights or of laws and regulations in force in our legal system shall result in the suspension or interruption of the service.
- Promosfera reserves, at its own discretion, the right to:
- change these conditions of use: users will be informed with a notice on this website. The use of the site after such modifications implies their acceptance. The user can always check these conditions, at any time, by accessing the link “conditions of use of the website”
- control and remove content sent to the website
- interrupt the access to the website, at any time and without previous notice.
- the acquisition of any downloaded or otherwise obtained content through the website, where permitted, is made at the choice and at the risk of the user. Therefore, any liability for any damage to computers and systems or data loss resulting from the download falls on the user and cannot be ascribed to Promosfera.
- The user accepts to take any risk resulting from the use of any content.
- The user is responsible for the storage and safe-keeping of personal data provided when using the website. The user undertakes to promptly inform Promosfera at the address of Promosfera srl – Via XXV Aprile 56, 21011 Casorate Sempione (VA) or e-mail firstname.lastname@example.org on any unauthorised use of personal data or any breach of security acknowledged.
- By accessing and using the services provided by the website, users undertake to keep to these guide-lines:
- do not spread anything which can cause damage or disruption to the network o to other users or which breaches laws and regulations in force
- do not spread anything with content which may be offensive, or which may affect the harmonic development of children’s personality or which can be disrespectful of the principles governing law and social security, avoiding the dissemination of messages, images or anything else which may instigate crime, use of violence or participation or cooperation in illegal activities
- do not spread anything which is against decency, human dignity or which is pornographic or against good costume or which fosters prostitution or child pornography
- do not use disrespectful language or abhorrent terms and avoid insult
- do not place offensive or defamatory content against anybody, including expressions of racism, hate, irreverence or threat
- do not place content which is pornographic or obscene or which reveals sexual orientation or data concerning a natural person’s sex life
- do not send content which contains own or third-party judicial data
- do not place content which fosters or provides information which may give instructions about unlawful activities or which may be connected to them and which may cause prejudice to anybody
- do not upload software, information or anything else containing viruses or malicious components
- do not enter content containing initiatives relating to gambling, competitions or games which require payment to participate
- do not send content not suitable for under age individuals (under 18 years of age)
- do not enter content containing advertisements or sponsorships, also at a fee
- do not insert content or execute any activity which breaches or fosters to breach any provision of law or regulation which protects individuals or provision and decision issued by supervisory authorities
- do not enter content with images of under age children if the holder of parental responsibility over the child has not previously given consent
- do not enter content images relating to third parties without their previous explicit consent
- do not enter content with data concerning health, political opinions or religious beliefs, racial origins or sexual orientation of third parties.
If the user signs up for social networks groups created by Promosfera, be aware that these are on-line services which are used by people sharing interests and activities and are interested in other people’s interests and activities. Most of these services are managed by companies settled abroad. If you wish to take part in them, keep to the following guide-lines:
- When you give your personal data, you lose their control. Personal data can be collected and registered by all the contacts and by the persons of the social network, even transformed and disclosed in the following years.
- Sometimes, accepting to subscribe a social network, you permit to the company managing the social network to use without restriction of time and way the materials uploaded (photos, videos, chats, descriptions, opinions).
- Most of social networks have their registered office abroad and so their servers. In case of privacy breaches, it is not always guaranteed to have one’s rights protected by European laws.
- Report to the Authorities any rights’ breaches.
- Require always the consent of a third person before uploading material concerning him / her.
- Be aware of untrue profile.
- Be aware of the information disclosed: date and place of birth are sufficient to have other information of the person, such as financial information, user id and password.
- Use log-in and password different from any other used for other services and change frequently your password.
All opinions and statements expressed through social network are ascribed to the person and are not necessarily shared by Promosfera: users take on the liability of such opinions and statements, sent or exchanged or otherwise disclosed and keep Promosfera harmless for any responsibility which can arise and cause damage to third parties. Should such content be harmful to Promosfera’s image, the latter reserves to use such content to defend its own rights before the judiciary and, if the case, ask the user for compensation.
- By accessing this website, the user and Promosfera srl agree that laws and regulations in force in Italy are applicable.
- The user and Promosfera srl agree to be exclusively subject to Varese judiciary for the matters concerning the use of this website.
By using this website and services here provided, the user implicitly accepts these terms and conditions.