TERMS AND CONDITIONS OF USE
Terms and Conditions of Use (contract) of UP Srl (Company) for the use of the website www.upeurope.com (last update: July 9th 2015).
This Agreement establishes the legally binding terms and conditions for the use of the website www.upeurope.com.
By the use of the site www.upeurope.com the user accepts to be bound to the terms of this contract.
The site ww.upeurope.com (Site) owned by Up Srl (Company), enables registered users to perform campaigns to raise funds to finance their projects, offering in exchange actual rewards (reward crowdfunding), symbolic rewards (donation crowdfunding) or reimbursement of the money in installments (lending crowdfunding or peer to peer lending) Service below.
Site also allows, through a special section of the same, to organize events (contest). The rules of participation in individual contests, as well as prizes and the procedures for assigning of these will be settled by individual regulations.
By accepting these Conditions of use users declare to have read and expressly accepted the "service guidelines" and "prices of the service" relevant to the website www.upeurope.com as well as the " MangoPay's terms and conditions" dedicated to the function of payment by Electronic Money issuing.
The Company reserves the right to change, suspend or interrupt the Service at any time for any reason.
Service can be accessed by individuals of legal age, as well as legal entities including associations and non-profit organizations. Further details about the publication and the approval of the projects and possible limitations (eg. typologies of projects reserved for certain categories of users) are stated in the document "Service guidelines", available on the Site.
The Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time.
The Service cannot be used for any purpose prohibited by these Terms or by law. By way of example and not comprehensive we specify that the service cannot be used, directly or indirectly, for activities that:
- violate any patent, trademark, trade secret, copyright;
- have defamatory, libelous, deceptive, fraudulent, illegal, obscene, abusive, blasphemous contents, or invasive of the privacy of others;
- contains software viruses or any other computer code, files or programs that are designed or intended to destroy, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the companies or third parties.
Navigation within the site is permitted without registration. To access the service it is instead necessary to sign up. When registering, accurate, complete and updated information must be provided.
The Company reserves the right, in its sole discretion, to refuse registration or to cancel an already existing registration.
The economic conditions of service for funder users and designer users are stated in the document "Prices of service" available on the site.
1. UP'S LIMITATION OF LIABILITY
Under no circumstances UP is held responsible for the malfunctioning of the Service provided, caused by breakdowns of telephone lines, electricity, and / or any other online means of transmission, such as failures, overloads, outages, and in any case any reason not dependent on his behavior .
Specifically UP shall not be held responsible for failures to comply with its obligations arising from reasons of force majeure. Force majeure shall mean any unforeseeable and exceptional cause that prevents from providing The Service.
UP does not decide which projects should be funded and does not make any form of financial intermediation, nor manages amounts of money, as its sole purpose is to connect users who are free to decide which projects to present, which ones to finance and in which mode (reward, donation or lending).
2. UP'S OBLIGATIONS
In the event that the UP is forced to interrupt the service for exceptional events or for maintenance, UP itself will take care of restoring the service as quickly as possible to minimize the risk of inconveniences of any kind. UP will provide the user with all the technical specifications enabling him to access the services.
3. UP'S LIMITATIONS AND DISCLAIMER OF WARRANTIES
User acknowledges and agree that the Company has no responsibility and / or control on: users who access the site; on contents accessed through the Site; on effects on users; on interpretation and / or use of the content; on contents on the site and related information that some people may find offensive or inappropriate.
UP makes no statement concerning any content accessed through the site, and the Company shall not be liable for the accuracy, copyright compliance, legality or decency of contained material made available through the Site or the Service.
UP may allow to connect to other sites or resources on the Internet, and other sites or resources may contain links to the site. When accessing to third-party websites, user does it so at its own risk. These other websites are not under the control of UP, and the user recognizes that the Company is not responsible for the content, functions, accuracy, legality, opportunity or any other aspect of such sites or resources. The inclusion of any link does not imply any endorsement by UP or any association with its operators.
User agrees and accepts that UP will not be responsible for any damage or loss caused or allegedly caused by or in conjunction with the use of or the reliance on such Contents, goods or services available on or through any web sites or resources.
UP does not guarantee features, accuracy and completeness of information on the projects, nor investigates the ability of designers to complete their project. Designers therefore assume full responsibility in case of failure to complete the proposed project.
4. OFFERING PROCEDURES
The offer, in any form made by the user on UP's platform in support of a project, will remain a promise of payment until the expiration of the project. The user therefore undertakes to make available the sum offered at the deadline of the project which he aims to support. The above with the exception of "continuative campaigns for social purposes" for which the donation is meant made immediately available to the designer.
At the given deadline, if the project is successful the amount offered will actually be withdrawn. In case of negative result, it will not be made any withdrawal or the amount will be returned.
In the only case of payment by credit card, there will be an automatic verification of the validity of the same, with a request for payment authorization in accordance with the document "prices of service".
Each user can make more than one offer in support of the same project or in support of different projects, subject to the availability of credit on his card.
The offer made by the user is a mere donation. With it user exclusively acquires the right to the "reward" promised by the designer in exchange for the donation.
By making an offer, the user DOES NOT acquire any ownership or other real right on the project he supports, no sharing rights in the economic exploitation of the project he supports, no rights on intellectual property, trademark or patent nor on subsequent developments of the project in the future.
Projects included in the "no-profit" section could not foresee the achieving of a goal, but simply the support of a given cause; in these cases the offered amounts will be devolved immediately to the applicant and charged to the offerer.
5. CONFIDENTIAL CONTENT AND PROTECTION OF INTELLECTUAL PROPERTY
The user acknowledges and agrees that the Service may include materials and information protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
UP may in its discretion terminate the accounts of users who violate the intellectual property rights of others.
If the user deem that his work and / or project, and / or product has been copied in a way that constitutes copyright infringement, he must provide copyrights to UP, with written notice containing all the information related to that requirement and peculiarity, and specifically: a description of the copyrighted work and / or copyright that has allegedly been violated; the description of the material that is claimed violated, and which is located on UP's site, such as to allow UP to locate the material; address, phone number and email address of the user.
6. INTELLECTUAL PROPERTY RIGHTS - PROJECT DESIGNERS
The service offers the ability to upload to the site the projects developed. UP will have no right of ownership on the content of the same, but having it need the express authorization of the inventor, to host on the site such products.
For UP is therefore granted the right to enjoy the product on the site designed in order to allow its use, acceptance, exposure, and still allow to view, sell, distribute and otherwise exploit the content, along with all associated works, copyrights, or metadata, including without limitation, photographs, graphics, and descriptive text in relation to the Service. And this to allow other users the flow, transmission, reproduction, display, distribution, and collection of the Works. And all this in relation to the provision of the Service.
To enable the Company to host the content according to the above provisions, it grants the same the right to use, reproduce, copy, and display the trademarks, service marks, slogans, logos or similar proprietary rights of the inventor, exclusively in connection with the Service.
7. INTELLECTUAL PROPERTY RIGHTS - USERS
UP will provide users with the ability to add, create, upload, post, distribute and collect content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, images or other information to the Site.
Presenting material on the site or otherwise using the Service, you expressly acknowledge that: can be identified publicly with the user ID in association with any User Submission in question; that grants to UP the right to use the submitted material, to use, reproduce, distribute, prepare derivative works of, display products related to the User Submission in connection with the site, and this without limitation for promoting and redistributing part or all of the Site without exclusion of means and / or channels. In addition, is granted to each user of the Site and / or the Service the right to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.
The user expressly represents and warrants that it owns all rights in his User Submissions, or that the content in such User Submissions is in the public domain, and that he has full authority and ownership to act on behalf of his contributions.
User agree that the use or other exploitation of such User Submissions by UP, and the use or exploitation of them do not infringe the rights of third parties, including, without limitation, privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights. UP has no control over the material presented by the user.
UP can not guarantee the authenticity of data that users can have their own. The user expressly acknowledges that all content that is accessible by the user using the service are the responsibility of the same, including any damages that may arise.
UP has the right to terminate the access to all or part of the Service at any time, with or without cause, with or without notice, with immediate effect, which may cause the confiscation and destruction of all information associated with your membership.
It is possible to close the user account, following the instructions on the site. Everything paid is not refundable.
At UP will be collected and stored identification data in order to fulfill the tax and fiscal obligations, and anything else necessary to the activation, the management and / or the maintenance of services provided by UP. UP then will record the identification data provided by the customer, the necessary passwords and user names, the e-mail addresses and any notes or information about the customer, the work, or the data necessary for the performance of the same, in their archives in an electronic database and / or paper owned by UP Srl.
8. COMMITMENT OF DESIGNERS
The User, natural or legal person, owner of the project commits himself under hiss responsibility to deliver the rewards (for reward projects) promised to lenders in the terms indicated by himself or to repay the lenders (for lending projects) according to the plan of return by himself defined, through bank transfers to be made at his own expense.
9. TERMINATION CLAUSE
The Customer acknowledges that any failure to honor obligations set out in the above points 1), 2), 3), 4), 5), 6), 7), 8) and 9), as well as "service guidelines" published later in this document, constitute reason for automatic termination of the contract, thus allowing to UP to suspend the provided service, to rake in the amount received as partial compensation for the damage suffered, being in any case the opportunity for UP itself to act against the client for compensation of further greater damage.
The conditions of the service (and any further rules, policies or guidelines incorporated herein by reference) are governed by the laws of the Italian State, without giving effect to any principles of conflicts of law.
The user acknowledges that for any legal action and / or dispute that may arise or result from the application of this Agreement, the jurisdiction for the territory is solely to the Court of Rome.