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TERMS AND CONDITIONS OF USE

These terms and conditions of use (hereinafter the “Conditions”) govern relations between KEEPINT and users and between the users themselves.

Using or accessing KEEPINT implies automatic acceptance of these conditions.

  1. Definitions

  1. The term “administration” and/or KEEPINT refers to RAIL s.r.l.,Via Grandi no.16-42030 Vezzano Sul Crostolo (RE), which manages the KEEPINT platform and its derivatives.

  2. The term KEEPINT also refers to a set of functions and services available for users, both through (i) the website www.keepint.com and through the other KEEPINT or co-branded websites (including sub-domains, international and mobile versions and widgets); (ii) our platform; (iii) any social plug-ins; (iv) other mediums, software (such as toolbars), devices or networks, existing or future.

  3. The term “user” refers to the party (legal person) accessing KEEPINT and creating and/or using their own profile. KEEPINT is reserved to professional users who operate in the area of their own activities and therefore includes so-called “consumers”, as defined by current regulations.

  4. The term ”profile” identifies the individual space in KEEPINT which may be freely changed only by KEEPINT itself or by the user who has created it, in which the user publishes and displays their own contents and information.

  5. The term “platform” refers to a system of API and services (contents, for example) which allow others, including application developers and website operators, to obtain KEEPINT data and to provide data.

  6. The term “information” refers to everything which users publish on KEEPINT, or transmit to it.

  7. The term “data” or “users' data” refers to all types of data, including the contents and information which users or third parties may obtain from KEEPINT or provide to KEEPINT through the platform.

  8. The term “publish” refers to the act of publishing anything on KEEPINT or making an element available through KEEPINT.

  9. The term “use” refers to the following operations: use, copy, execute or publicly display, distribute, alter, translate or create derivative works.

2. Privacy

All the data which users communicate to KEEPINT shall be processed by it in accordance with current privacy laws. In particular, all data, information and contents which the user communicates to KEEPINT shall be considered as non-sensitive (and therefore accessible to anyone who visits KEEPINT), unless expressly declared otherwise upon communicating it.

KEEPINT agrees to use said data for the purposes and objectives of the website. It may not be held liable, under any circumstances, for the use which third parties may make of data obtained on KEEPINT (by way of non-limiting example: spamming, phishing, hacking, pharming, etc.).

According to art. 7 of Legislative Decree 196/2003, the user is entitled to obtain:

  • updating, correction and supplementing of their data;

  • deletion, conversion into anonymous form or blocking of data processed illegally;

  • the person concerned is entitled to oppose, in full or in part and for legitimate reasons, processing of personal data relating to them, even when pertinent to the purpose for which it has been collected;

  • said person is also entitled to oppose processing performed in order to send advertising material or direct sale or for performance of market surveys or business communications;

  • confirmation of whether or not data relating to them exists, even when not registered, and whether or not it is communicated in intelligible form;

  • indication of the origin of the personal data, the processing purposes and methods, the logic applied when processing is performed using electronic instruments, the identity of the data processor and the data manager or the people or categories of people to whom the data may be communicated or who may learn it as data managers or processors.

3. Sharing of contents and information

The user is the owner of all the contents and information published on KEEPINT. Furthermore:

  1. For contents protected by intellectual property rights, such as trademarks, photographs and videos (“IP contents”), the user grants KEEPINT a non-exclusive and transferable license, which may be granted as a sub-license, without royalties and valid worldwide, for use of any IP Contents published on KEEPINT or in connection with KEEPINT (“IP License”). The IP License terminates at the moment when the user deletes the account or the IP Contents present in the account, unless said contents have been shared with third parties and said third parties have deleted them.

  2. When the user deletes the IP Contents, they are concealed from other users. However, it is possible that removed contents may be kept as backup copies for a specific period of time.

  3. On publishing contents or information, the user grants access to and use of said information and the possibility of associating them with their profile (or their name and profile image) to everyone, including people who are not registered with KEEPINT.

  4. Users' comments or suggestions on the characteristics of KEEPINT are welcome. KEEPINT may use or develop every idea or suggestion received from a user without any obligation to remunerate said user.

4. Security

Although the administration of KEEPINT does its utmost to ensure third parties do not penetrate the website, it is not possible to guarantee the absolute protection of KEEPINT against outside attacks.

In this regard, users are required to contribute to protecting the security of KEEPINT, by agreeing:

  1. Not to publish unauthorised business communications (such as spam) on KEEPINT;

  2. Not to collect contents or information on users, nor to access KEEPINT in any other way using computerised mediums (such as web bots, robots, spiders or scrapers) without the prior authorisation of the administration;

  3. Not to perform illegal multi-level marketing actions, such as pyramid schemes, on KEEPINT;

  4. Not to upload viruses or other harmful codes;

  5. Not to obtain access information or access the accounts of other users;

  6. Not to insult, threaten or disturb other users;

  7. Not to publish threatening, pornographic contents, contents inciting hatred or violence or with images of nudity, strong or gratuitous violence;

  8. Not to develop or use third-party applications in KEEPINT without the prior authorisation of the administration;

  9. Not to use KEEPINT for illegal, misleading, malicious or discriminatory purposes;

  10. Not to undertake actions which could prevent, overload or compromise the correct functioning or appearance of KEEPINT, such as a dedicated denial of service or other disturbances which interfere with rendering of the pages or other functions of KEEPINT;

  11. To comply with and accept any indications and vetoes communicated by the administration;

  12. Not to assist or encourage non-compliance with this Declaration or with our regulations.

5. Registration and security of the account

KEEPINT users must provide their real name and genuine information on their company and products, events, promotions and anything else published on their page. As far as concerns registration and the need to guarantee security of their account, users agree:

  1. Not to provide false information on KEEPINT;

  2. Not to create an account on behalf of others without the authorisation of the administration;

  3. Not to create more than one account for the same company;

  4. Not to create another account without the authorisation of the administration, if the original account is deactivated;

  5. To ensure that their contact is always correct and up-to-date;

  6. Not to share their access password or allow others to access their account or perform any other action which could place the security of the account at risk;

  7. Not to transfer their account or parts of it to others without the prior written consent of KEEPINT.

Each user is aware that the data entered by users cannot be checked by KEEPINT, which therefore may not be held liable for its truthfulness.

The user therefore shall not hold KEEPINT liable, for any reason connected with or consequent upon the untruthfulness of the data of users of the website.

6. Protection of third-party rights

Users agree to respect third-party rights. In particular:

  1. It is forbidden to publish or perform actions on KEEPINT which do not respect the rights of third parties or current laws;

  2. KEEPINT reserves the right to remove all contents or information published by users, if they are considered not to satisfy the Conditions or current regulations;

  3. KEEPINT shall be promptly informed of any infringement of intellectual property rights discovered on the website before taking any action on this, including legal action;

  4. If the user infringes the intellectual property rights of others, KEEPINT may deactivate the account, at its own discretion;

  5. The user may not use the copyright or trademarks of KEEPINT (including the name or logo of the website or particular functions of it) or similar symbols which may cause confusion, without the express written consent of the administration.

  6. The user may never contact another user and identify themselves as someone other than who they actually are and, in particular, claim to be acting on behalf of KEEPINT.

  7. It is forbidden to publish identity documents or sensitive information (financial or personal) on KEEPINT without the prior written information of the company.

7. Changes

  1. Except in contingent cases dictated by laws or administrative or judicial measures, any changes to these conditions shall be published on the KEEPINT website, on the same page, 15 days before they come into effect.

  2. The user agrees to check these conditions periodically, to view any changes to them.

  3. Use of KEEPINT by the user after any changes in these conditions implies acceptance of them, as changed.

8. Termination

If the user's actions do not comply with the form and substance of this Declaration or create legal risks for the company, the administration reserves the right to interrupt supply of all or part of the KEEPINT services to said user.

The KEEPINT administration reserves the right to delete the user's account in the case of non-payment of the fee due for use of the services.

The user may delete their account or deactivate their application at any moment. Effective deletion from KEEPINT will take place as soon as possible.

9. Disputes and applicable law

  1. The sole court of competent jurisdiction for any dispute between users and KEEPINT is Reggio Emilia Court.

  2. Italian law is the only law applicable between the user and KEEPINT

  3. If KEEPINT should be required to accept liability, pay compensation or bring an action or have one brought against it on order of the judicial authorities, or if KEEPINT suffers financial damages or damage to its reputation as a result of the user's conduct, said user shall be required to compensate KEEPINT for the damages suffered.

  4. KEEPINT does not control or guide the actions of users under any circumstances. KEEPINT may never be held liable for contents or information which users publish or share on KEEPINT. KEEPINT also may not be held liable for the conduct of any user, both online and offline.

  5. The user agrees to use KEEPINT at their own risk. KEEPINT does not provide any express or implicit warranty, such as (by way example) a warranty on saleability, suitability for a specific purpose or non-violation by computerised attacks.

  6. KEEPINT does not guarantee that it will remain continuously online or be free of bugs or malfunctions which make its use partially or totally impossible.

10. Special provisions applicable to users outside Italy.

If the user is from a country other than Italy, the following additional conditions apply:

  1. The user accepts that their personal data will be transferred to and processed in Italy.

  2. The user accepts exclusive application of Italian law and Reggio Emilia Court as the sole court of competent jurisdiction.

11. Contractual nature of these conditions

  1. These Conditions constitute a contractual agreement between the user and KEEPINT and prevail over any prior agreement.

  2. If part of these Conditions cannot be implemented, the remaining part will remain valid and continue to have effect.

  3. Failure to apply any part of these Conditions does not constitute a waiver or acquiescence to the illegal conduct of a user.

  4. Any change or waiver of these Conditions shall be made in writing and signed by the administration.

  5. The user may not transfer any of their rights or obligations specified in these Conditions without the written authorisation of the administration.

  6. All our rights and obligations specified in these conditions may be freely assigned by KEEPINT in the case of a merger, acquisition or sale of assets or through a legal operation or other transaction.

  7. The administration reserves all the rights not expressly granted by the user.

  8. The user agrees to comply with all applicable laws on every use or access of KEEPINT.

Pursuant to and for the effects of arts.1341 and 1342 of the Italian Civil Code, the user represents that they have carefully read and approve the following clauses: 2, 3, 5, 6, 7, 8, 9, 10, 11.