Legal aspects
1. General rules and definitions
This website is offered by Copyr S.p.A. (hereinafter, for brevity, also “Copyr”), Via Stephenson 73, 20157 Milan, Italy, Tel. +39 02 390368.1, Fax. +39 02 390368.535.
The following Terms of Use govern the access to and use of the websites www.copyr.eu, www.copyrgiardinaggio.it, www.copyrpco.it, www.casajardin.it (hereinafter referred to as “Copyr Sites”). In addition, special terms of use will apply to specific content, data, materials or information on or through the Copyr Sites (hereinafter referred to as “Content”), or to specific content, data, materials or information that you enter, submit and/or post on the Copyr Sites (hereinafter referred to as “User Content”). Such particular terms of use shall be in addition to these Terms of Use or, only where expressly stated, shall take precedence over them.
Copyr reserves the right to modify, add or delete parts of these Terms of Use, bringing them to the attention of the interested parties by publishing the changes on the site or through e-mail. Each user is required to check these Terms of Use periodically to ascertain any changes that may have occurred since the last consultation of the site. In any case, the use of the site and its services implies acceptance of the changes made in the meantime.
If the changes are not accepted, the user can cancel his registration by sending an e-mail to the following address [email protected], it being understood that the continuation of the use of the services implies acceptance of the new conditions of use. Copyr reserves the right to modify, suspend, interrupt the services partially or wholly, including accessibility to the data base, blog, forums or contents. Copyr may also introduce limitations to access or use of services, in whole or in part, without prior notice and without assuming responsibility for such limitation.
2. Privacy Policy
The use of personal data provided or collected through or in connection with the Copyr Sites will only take place in accordance with the Privacy Policy, as published on the Copyr Sites.
3. Contents of the site services and use by users
The contents of the remote services offered in the www.copyr.eu, www.copyrgiardinaggio.it, www.copyrpco.it and www.casajardin.it sites are intended for personal and non-professional use, unless otherwise specified. All materials published on the site (including, by way of example, news articles, photographs, images, illustrations, audio and video recordings, hereinafter also referred to, for brevity, as “the contents”) are protected by copyright laws and are the property of Copyr or whoever legitimately holds the relative rights. The user is responsible for complying with any additional information that may be provided on the site in relation to the intellectual property of the content accessed through the services of Copyr’s sites.
Copyr’s website services and content are protected by Italian and international copyright laws. The user is not authorised to modify, publish, transmit, share, assign for use in any way, reproduce (beyond the limits specified below), reprocess, distribute, execute, give access to or commercially exploit in any way the contents or services of this site, including partially.
The user, for personal use only, is authorised to download or copy the contents and any other downloadable material available through the site’s services on the condition that he or she faithfully reproduces all the copyright and other indications given on the site, without prejudice to any further specifications that may be given at the bottom of the individual contents. Reproduction and collection of any content for reasons other than personal use is expressly prohibited without prior express authorisation issued in writing by Copyr or the copyright holder as indicated on the site.
With reference to contents from press agencies or other sites that may be republished by Copyr from time to time, it is specified that the Company does not assume any responsibility for incompleteness, inaccuracies, errors, omissions with respect to the integrity of the information and will not be held responsible for any consequent damage.
4. Forums, discussions, blog comments and user-generated content
Users may not send, distribute or in any way publish in the spaces of Copyr’s sites any content that be defamatory, libellous, obscene, pornographic, abusive or in any way illegal.
The user undertakes not to behave in a violent manner or to attack other users verbally, refraining from using libellous terms and from intentionally interrupting discussions with repetitive or meaningless messages or with actions aimed at selling products or services. The user undertakes to use respectful language, bearing in mind that online communities only grow if its members feel welcome and respected.
The user undertakes not to use terms that are violent or that discriminate on the basis of race, religion, gender, sexual orientation, physical or mental disability and other. The use of violent language will be grounds for immediate suspension and definite expulsion from all or part of the telematic services provided by Copyr. The user agrees to accept discussions but to avoid quarrels. In a community that is free and open to everyone’s discussions and opinions it is natural that there may be people who disagree with each other. Any individual attack will be interpreted as a direct violation of these rules of conduct and will justify immediate and definitive expulsion from all or some of the telematic services provided by Copyr.
Interactive spaces on Copyr’s sites may only be used for non-commercial purposes. Without Copyr’s express authorisation, the user must refrain from disseminating or distributing by any means messages that contain commercial content of any kind.
Users are individually responsible for the content of their messages. Although Copyr is not able to ensure a constant check of all the content received and therefore is not responsible for it, it reserves the right to cancel, move, modify content that in its discretional judgement appear abusive, defamatory, obscene or damaging to copyrights and/or trademarks or in any case is unacceptable to the ethical line followed by Copyr and expressed in its Code of Ethics.
The user acknowledges and accepts that any material sent for participation in the services of the Copyr Sites (by way of example, to send comments, express opinions, participate in surveys and initiatives, send video and audio files) can be modified, removed, published, transmitted and executed by Copyr. The user therefore renounces all material and moral rights that he/she may have as author with respect to the modifications made to such material, without prejudice to the possibility for the user/author to request the cancellation of the material if the modification is not acceptable to the author.
By submitting any material the user consents to its publication on Copyr’s sites and to its use by Copyr itself, including for its own promotional purposes.
5. Access and availability of the service. Use of links
Copyr websites contain links to other resources on the internet. Copyr is not responsible for the actual accessibility and availability of such resources outside of its sites, nor for their contents. Therefore, users are encouraged to contact the administrator or webmaster of such external sites if they encounter problems with their content.
6. Declarations of liability and guarantees
In submitting User Content to the Copyr Sites, the user guarantees that the materials will be appropriate, constructive and relevant and free from elements that are potentially illegal or, in any case, unsuitable for publication, including, by way of example and not limited to such, elements that be (i) potentially defamatory or offensive to other persons or entities; (ii) potentially harmful to persons or property or defamatory or harassing to persons or organisations; (iii) potentially violating the rights, including rights of privacy and publicity, of any person; (iv) pornographic, obscene, offensive, vulgar, indecent, or threatening; (v) culturally, ethnically, or otherwise objectionable; or (vi) suggest or encourage any illegal activity.
You will use your reasonable best efforts to detect and remove any viruses or other harmful elements from any Submission. You will also refrain from transmitting chain letters, pyramid schemes, surveys and solicitations via the Websites. You will not forge headers or manipulate identifiers or other data to disguise the origin of any Content and/or User Content transmitted via the Copyr Websites. You will also refrain from interfering with or tampering with Copyr’s sites, servers and networks or taking any action that imposes an unreasonable or disproportionately large load on Copyr’s computer infrastructure or the connectivity providers it uses.
Users will make reasonable endeavour to detect and remove any viruses or other harmful elements in the materials submitted. Users will also refrain from transmitting chain letters, pyramid schemes, surveys and solicitations through the Websites. Users will not forge headers or manipulate identifiers or other data to disguise the origin of any Content and/or User Content transmitted via the Copyr Websites. They will also refrain from interfering with or tampering with Copyr’s sites, servers and networks or taking any action that imposes an unreasonable or disproportionately large load on Copyr’s computer infrastructure or the connectivity providers it uses.
You affirm, represent and warrant that User Content submitted to the Copyr Sites does not violate any third party proprietary rights including, but not limited to, copyright, trademark or patent rights or confidentiality obligations.
You acknowledge and agree that your ideas, contributions or discussions or any other User Content posted to the Copyr Sites that are not subject to any intellectual property rights protection restrictions may be used by any other user without compensation or acknowledgement.
You grant Copyr and its group companies, affiliates, brand licensees and partners a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable and/or transferable licence to use, reproduce, create derivative works from, distribute, publicly use, publicly display, transmit and publish the User Content you provide on the Copyr Sites, any other Copyr Site you activate or in marketing or public relations materials, by any means.
Users will assume sole responsibility for the User Content and any consequences of your submission, transmission and/or publication. Copyr reserves the right, without assuming any obligation in this regard, to examine and monitor User Content before and/or after its transmission. However, you acknowledge that it is impossible for Copyr to review and monitor all User Content. Copyr assumes no responsibility for the accuracy, completeness, quality or validity of any User Content posted by third parties on Copyr Sites.
Copyr does not endorse any User Content or any opinion, recommendation or advice contained therein, and assumes no responsibility or liability of any kind with respect to such User Content. Copyr reserves the exclusive right and authority to edit and/or delete messages or any other User Content that is objectionable, inappropriate or otherwise contrary to these Terms of Use, for any reason, at any time, without notice or permission, and at its sole discretion. Users who are convinced of the objectionable or innappropriate nature of any User Content are encouraged to immediately contact Copyr by e-mail at [email protected]. Upon receipt of such communications, Copyr will endeavour, within reasonable limits, to take the measures deemed necessary: given the non-automatic nature of this process, the user is warned that the immediate deletion or modification of the Content subject to verification may not be possible.
In case of disputes with other users, the user releases Copyr from any responsibility for claims, demands and damages (actual and consequential) of any type and nature, known and unknown, deriving from or in any way connected to such disputes.
7. Limitation of liability
Under no circumstances will Copyr be liable for any direct, indirect, consequential, punitive, special, incidental or other damages resulting from, caused by or related to the access to or use of the Copyr Sites and related Content and User Content or the inability to access the same, even if Copyr has been informed of the possibility of such damages except in cases of wilful misconduct and/or gross negligence.
8. Registration and Security
Users must be aware that registration on the Copyr Sites is permitted only to individuals who are 14 years of age or older.
As part of the registration process, you must choose your own user ID and password. In addition, the user is required to provide specific information, which must be correct and up to date. The user may not choose the user ID of another person with the intention of using their identity. Furthermore, you may not use the user ID of another person without their express permission. It is also forbidden to use user IDs that Copyr, in its sole discretion, considers to be harmful to the rights of third parties, or otherwise offensive or offensive.
The user is fully responsible for any action carried out through his account, either directly or through third parties authorised by him. Any abusive, fraudulent or in any case illegal use will cause immediate cancellation of the account at Copyr’s unquestionable judgement, without prejudice to the exercise of any legal action by those having the right.
Users must guarantee the confidentiality of their passwords, and avoid sharing them with third parties, not even if they belong to Copyr’s organisation.
In case of actual or potential unauthorised use of one’s account, the user is invited to report it to [email protected], providing detailed information about the violation and promptly communicating the loss, theft, misappropriation of the password and personal information.
Failure to comply with these rules will result in a breach of these Terms of Use and may result in the immediate termination of said user’s account.
9. Service fees and payments
The services of the site are free of charge unless otherwise specified. Copyr reserves the right to charge a fee for access to sections of the Copyr Sites or to specific services. In any case, Copyr will not ask for payment of any consideration unless it has previously obtained an express acceptance of this offer. Therefore, if in the future Copyr should request a fee for access to sections of Copyr’s websites or services that are currently free, the user will receive a prior communication with a detailed indication of these costs, giving the user the opportunity to choose whether to adhere to the service. In case of acceptance, the user will pay this fee in the form and manner that will be defined at the moment of acceptance of the service itself.
10. Communications between Copyr and the user
Should the user indicate in the registration form that he/she wishes to receive information from Copyr, with his/her consent, in respect of the laws in force, the user’s contact details may be used to send promotional material. Copyr reserves the right to send the user communications via e-mail to inform him or her of changes or integrations regarding the Copyr websites and relative services.
Statistical data and data relative to the use of the site may, after being made anonymous, be used by the publisher and manager of the site for research and analysis activities. For further details, the user can consult the information note on the processing of personal data.
11. Software licences
Any software that may be downloaded from or through the Copyr Sites is licensed under the terms of applicable license agreements. Except as set out in the applicable licence agreement, use of the software is restricted to end users and any further duplication, reproduction or redistribution is expressly prohibited. Any warranties relating to such software shall be valid only to the extent expressly set forth in the applicable license agreement. Copyr expressly disclaims all further representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement with respect to the software.
12. Copyright and Trademarks
Copyright and all other proprietary rights relative to the Content provided by Copyr belong in their entirety to Copyr and/or its partners or licensors. All rights in the Content not expressly granted under these Terms of Use are reserved.
Copyr is a registered trademark of Copyr S.p.A..
The use and registration of the name Copyr is reserved. You are not authorised to register or use any company name, trade name, domain or other name, indication or description, which includes the name Copyr or similar, or any name which consists in part of the name Copyr or which includes other registered trademarks owned by Copyr S.p.A..
13. Ownership rights in the Copyr Sites
The Copyr Sites are public and any information you submit will be considered non-confidential. You acknowledge that the submission of any invention included in your Submitted Content is equivalent to the “publication” of that invention under applicable patent laws.
You further acknowledge that any User Content that you submit and/or discuss on the Copyr Sites may be subject to Copyr’s patents, copyrights, trademarks and other intellectual property rights. If you intend to exploit any ideas, proposals, suggestions or solutions or other User Content presented on the site, you must first obtain all required approvals under applicable intellectual property rights before engaging in such exploitation.
14. Account Cancellation
The user may cancel his account at any time by sending an email to [email protected]. After cancellation, the user will receive an automatic communication by email confirming receipt of the request, specifying that the account will be deactivated within the following twenty-four hours. It is understood that the user is responsible for all activities carried out with the account until the moment of actual deactivation.
15. Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of Italy. You consent to the non-exclusive jurisdiction of the Court of Milan, Italy, in the event of any dispute, claim or legal proceeding arising out of or relating to these Terms of Use or your use of the Copyr Sites, including, but not limited to, any dispute regarding the existence or validity of these Terms of Use.
16. Invalid Clauses
In the event that any provision of these Terms of Use be declared invalid or unenforceable, that provision shall be replaced by a valid, enforceable provision that comes as close as possible to the content of the original provision and the remainder shall continue to apply.
17. Waiver
The failure of Copyr to exercise, in relation to past or future actions by other persons, any right contained in these Terms of Use shall not constitute a waiver of any right of Copyr contained herein. Neither the receipt of any payment from Copyr nor any reliance by any person on Copyr’s actions shall constitute a waiver of any provision of these Terms of Use. Only a specific written waiver, signed by an authorised representative of Copyr, shall have legal effect.
18. Miscellaneous
For any communication regarding these Terms of Use you may write to [email protected].
You agree to notify Copyr of any breach of these Terms of Use as soon as you become aware of them. In particular, in the case of legal action regarding the violation of copyright in relation to material published on the site or from connected services, the user is invited to report any information in his possession to [email protected].