Terms and Conditions

 

Introduction 

Rumorants is a platform designed for providing services in favor of people interested in evaluating commercials and in favor of merchants interested to advertise their goods and services to the public.

 

In providing their services Rumorants disseminates data that has been provided by the merchants. All merchants are given access to a dashboard, which are totally responsible for what concerns the updating of rates, availability and other information displayed on the portal Rumorants. Although Rumorants lend their services with due care and attention, it is not able to verify and ensure the accuracy, completeness or correctness of the information, nor Rumorants be liable for any errors (including manifest and typographical errors), interruption service (whether due to temporary failure and / or partial repair, upgrade or maintenance of the website or otherwise), for inaccurate, misleading or false, or for their failure to finalize. Each operator is responsible at all times for the accuracy, completeness and correctness of the (descriptive) information, including rates and availability displayed on the portal Rumorants. Rumorants not intended, and should not be seen in this light, to recommend or support any good and service sold on the same, in terms of quality, quantity and level of service.

 

Users, visitors and anyone who uses www.rumorants.com (the “Portal”) are subject to the Terms and Conditions set out below, as well as to the relevant Privacy Policy. In this document we generally refer to you (“You”) as anyone who uses the Portal and, after his/her first visit has started using the services and functions therein provided, thereby signifying agreement to these terms and conditions of use.

 

Registration is required to use all interactive features available on the Portal, and, in general, for any operation and function of the Portal in which You provide information to Rumorants about Yourself.

 

You must be 18 years old or older to register with the Portal: Rumorants will not accept underage registration, nor is Rumorants capable of monitoring behavior of its registered users. Users (defined below) who shall accomplish an underage registration, shall do so at their own personal risk, and Rumorants will not accept any kind of liability on the matter and reserves every right to take any appropriate action and/or, in general against illegal activity on the website and Portal.

 

To register a User account on Rumorants, You will be asked to provide “Personal Information” such as username, password, email address, Month and Year of birth and other personally-identifying information according to the Privacy Policy which You should read before completing the registration and are required to accept in order to register with Rumorants and print out for Your future reference.

 

All data shall be treated only for the purposes allowed by Law, according to the aforementioned Privacy Policy of Rumorants, which may update from time to time.

 

Now therefore, with the Registration, the User, having taken due notice of the above, which is entirely accepted, agrees to the following

 

 

Terms and Conditions

 

1. Definitions

For the purposes of the present Terms and Conditions the following definitions will apply:

• “Portal”: the website at URL www.rumorants.com or at any other URL where Rumorants. chooses to provide the Rumorants service as communicated to Users from time to time.
• “User”: a User of the Portal, registered, who has successfully completed the registration procedure;
• “Content(s)”: any and all content of the Portal, including trademarks, service marks and logos, including software and HTML/Flash and any other type of code used on the website;
• “Merchant”: a User of the Portal, registered who advertise its goods and services to the public.

 

2. Access to Portal 

After registration as a User, Rumorants hereby grants You permission to use the Portal as set forth in these Terms and Conditions, provided that:

• You will not copy or distribute any part of the Portal or Content or Project Idea in any form without Rumorants’s prior written authorization;
• You will not alter or modify any part of the Portal other than as may be reasonably necessary to use the Portal for its intended purpose under the present Terms and Conditions;
• You will not utilize any third-party software, code or hardware to alter or modify any Part of the Portal and/or its underlying mechanisms.

• If You do not agree with any part of this document and/or the associated Privacy Policy, You should immediately discontinue use of the Portal and are not authorized to register. If You have already registered, You should contact Rumorants and ask for immediate removal of Your account which is not valid. Use of the Portal against this article 2 will force Rumorants to discontinue Your account and/or adopt any legal action necessary.

 

3. Intellectual property rights

The Contents available on the Portal are owned by, copyrighted, registered as intellectual property or otherwise licensed to Rumorants and generally protected by intellectual property rights as provided by this Article 3. Content includes registered intellectual property of Rumorants protected under International Treaties. It may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever, without the prior written consent of Rumorants or as expressly provided herein. Rumorants reserves all rights not expressly granted in and to the Portal and all relevant Contents. 

• Contents are property of their respective owners and their intellectual property rights are managed by the User who has uploaded them to the Portal, any relevant infringement shall be notified to the uploading User using the contact procedures available on the Portal.

• Rumorants retains the right, in its sole and absolute discretion, to monitor, edit, prohibit, or remove any Content, at any time, without prior notice, for any reason. This right of Rumorants shall in no context be interpreted as Rumorants’s obligation to monitor the accuracy and quality of the Contents.

• Save for what is otherwise provided in Articles 3.1 and 3.2 above, all sections and Contents of the Portal may be subject to copyright and other intellectual property rights under the Laws of Italy including law April 22, 1941 no.633 and legislative decree February 10, 2005 no.30.

• Each User agrees to grant to Rumorants an unlimited license to freely use any text, data, photographs, renders, projects, maps, technical specifications, video, sound, messages and any other element protected by intellectual property rights, posted, provided there is appropriate attribution of authorship and indication that the material is copyighted and was posted during a Rumorants commercial campaign. The license extends to use in Rumorants promotional materials including the website, electronic and printed marketing material and advertisements. The license applies from the date a Content is uploaded and continues for a period of 6 months after the Content is removed. 

• You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including, but not limited to, any use, copying, or distribution of same, for any purposes to the maximum extent allowed by applicable Law. When downloading or when printing a copy of the, using the links/functions provided and in the allowed formats, for personal use, You must retain all copyright and other proprietary notices and watermarks and/or digital rights management systems and/or digital content information contained thereon. Any behavior of the User shall respect the Law and regulations of Italy and any other applicable Law/Jurisdiction. Actions (copying, download, printing, transcoding, creating derivative works, etc.) which are not expressly allowed by supplying dedicated functions in the Portal are expressly prohibited and will be prosecuted under the Law.

 

4. Contents

Merchants can participate by uploading their Contents in the appropriate participation slot, set up and provided by the Portal.

• Contents, including, but not limited to, any text, data, photographs, renders, projects, 3D models, maps, technical specifications, video, sound, messages, relevant files which are adequately described and indexed or other material uploaded by Users are intellectual property of the User which posts the Content and are not in any direct or indirect way endorsed by Rumorants; Rumorants makes no express or implied guarantee, to the maximum extent allowed by applicable Law, regarding the reliability, accuracy, quality or feasibility of any Content on the Portal. Contents remain sole and exclusive responsibility of the User who has uploaded the Content (please see also Article 9.8).

• Users understand that the service of Rumorants is not in any way meant, finalized or to be used as a tool or system to organize, negotiate or mediate for professional engagements. Rumorants will ban any account where such practices occur and will not credit any sums thereto. Rumorants provides no services which fall under the definitions of Article 1754 of the Italian Civil Code.

• Contents are entered on the Portal without any obligation for Rumorants to keep them available for any specified period of time. By way of example and without limitation, Rumorants, may delete any Content at its complete discretion, in whole or in part, if it receives alerts /complaints/orders and/or; it deems so appropriate to protect the Portal and/or; has otherwise reason to do so.

• Rumorants does not in any case accept liability concerning the degrees and/or professional qualifications of Users of the Portal which may not always be independently verified with the local association in case any user of the Portal deems necessary to make a decision in which certainty of this kind of information is relevant.

 

5. User Accounts

In order to access all the features of the Portal, You will have to register and activate a User Account. You are not allowed to use another User’s Account, as unauthorized use constitutes infringement of the Law. When registering Your account, we require You to provide us accurate and complete information. You are solely responsible for the activity that occurs on Your account, therefore You must keep Your account credentials secure; failure to do so will result in Your liability for any activity on Your account using Your login data. You may change Your password at any time by updating Your Account Profile page. In addition, You agree to immediately notify Rumorants of any unauthorized use of Your password or account or of any other breach of security You may experience. Rumorants will not be liable for any loss or damage arising from Your failure to comply with this Article 5, nor will it be liable for breach or unauthorized access or any other event depending by its User’s behavior. Furthermore, Rumorants may discretionally decide to terminate and/or suspend any User Account, even without prior notice, if it deems so necessary to protect its business interests and/or similar reasons and/or is ordered to do so by any competent Authority. 

• You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “automatic form fillers” or similar technological devices or programs, that access the Portal in such a way as to send a series of request messages to the Rumorants servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Rumorants grants the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials (no Contents will be made available for indexing, outside of the Portal). Rumorants reserves, in any case, full right to revoke these exceptions either generally or in specific cases, in its sole discretion.

• Rumorants permits you to associate your User Account with your LinkedIn, Facebook, Twitter, or other social network account (“SNS”). When you establish a linked account, you can sign into the SNS and automatically sign into the Portal at the same time. Rumorants is not responsible for the operation or functionality of any SNS. LinkedIn is a registered trademark of LinkedIn Corp., Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc.

• You accord that the Rumorants, within the purposes of its business, has the absolute right and permission to use your name, voice, image, representation and your applicable user compensation information, including for example any commissions paid and your influence percentage, as well as representations made by you, in any media, world-wide, for the intentions of advertising, promoting, reporting and distributing information about the Company or Company’s business.

 

6. Payment and Taxes

Rumorants shall not, nor accept, nor manages in any way any payment to or on behalf of the operator / franchisee. You can pay directly at the merchant in cash or in any other form of payment.

• You agree that You are responsible for the collection and/or payment of all taxes which You may be liable for in any jurisdiction arising from Your Contents on Rumorants. Rumorants is not responsible for collecting, reporting, paying, or remitting to You any direct/indirect taxes and/or social security charges.

 

7. User Warranties and liability

The use of this service is entirely at Your risk and You take the full and sole liability of it.

• You guarantee to Rumorants to be the exclusive entitled to do so of the commercials You upload on the Portal or to have pre-emptively got the necessary authorization from the owners of Merchants the rights concerning the contents inserted into the Contents uploaded by You on the Portal.

• You are therefore the sole responsible for anything uploaded on the Portal using Your ID and/or Your password and anyway, for any behavior or action set through it on the Portal.

• As registered User, You commit Yourself not to publish Contents: - pornographic, obscene, or pedophiliac; - that cause in any way damage to minors; - blasphemous or offensive to the morals, ethics and to any religious belief; - with purposes against public order, that sing praises to violence or racial hate; - illegally detained or bought by the User (pirate software, unauthorized copies, etc.); - advertising or promotional in favor of subjects different from the brand object of the campaign on Rumorants to which the Content is uploaded; - tied up to the gambling, competitions, games that ask for a money participation; - protected by copyright, whether being audio, text, images or fragments of video without obtaining the previous authorization from the rights holder; - that are damaging to third parties, with particular reference to copyrights or other rights of intellectual and industrial property; - that contain virus or other software that may damage or influence the functionality of the site; - that promote or induce to illegal activity; - that contain utilizations of images fixed or on the
• move, of common and/or famous people, or that refer to these without their previous authorization; - that contain deceptive or comparative advertising messages as by law in force; - that violate, or induce to violate, any law or regulation.

• It is particularly forbidden to use the service to cause in any way prejudice to third parties or to commit or to encourage any kind of crime.

 

8. Children’s privacy

Protecting children’s privacy is especially important to us. It is our policy to comply with Italian laws on the matter.

• Rumorants does not operate or provide services directed toward children and does not intentionally collect information from children. If You find any content on our Portal offensive or otherwise disrespectful towards minors, we ask You to contact us immediately, providing all details, so we can operate for its fast removal.

 

9. Warranties and liability of Rumorants

The Portal and all related services are offered by Rumorants to the User “as is”, and “as available”, without any warranty, be it direct or indirect, of any kind on its contents and/or its functionalities. Rumorants, therefore, does not offer any warranty on the accessibility of the Portal in any moment and/or place, nor does it offer warranties over the absence of defects and/or errors in the Portal and/or in its contents.

• Rumorants shall not be considered responsible for any eventual damage which will might derive You, or your PC, by the incorrect use of the Portal and of the services therein.

• Rumorants shall be liable only when the User can effectively demonstrate that Rumorants (a) adopted an intentionally harmful conduct; (b) acted in gross negligence; (c) has violated any applicable provisions of law regarding responsibility over licensed products. Rumorants may be required, under existing laws and regulations, to pay damages resulting from injuries that have affected life, physical integrity or health of the User, provided it is demonstrated that these events are a direct consequence of the behavior of Rumorants; in no case Rumorants shall be held liable for slight negligence 

• The User accepts to indemnify, defend and protect Rumorants against each and any claim, demand, claim for damages or other losses, including reasonable attorneys’ fees, claims by any third party arising from the use of the Portal and/or by violation of these Terms and Conditions.

• Pursuant to the provisions detailed above, Rumorants will not be liable for service interruptions due to: - natural catastrophes or fortuitous event; - tampering on the services or on the equipment, carried out by the User or by third party; - wrong use of the services by the User; - faulty operation of the connection devices used by the User, even when it is due to the non-observance of the laws and rules on safety, prevention, accidents and industrial injuries.

• Rumorants has no obligation to oversee any contents circulated through the service, nor has it any obligation to actively seek facts or circumstances that point out the presence of illegitimate activity without an appropriate order to do so by a competent Authority; Rumorants is therefore not responsible in case of possible controversy on the legitimacy, truthfulness, correctness, quality, originality and paternity of the material published on the Portal; Rumorants will take prompt action to remove the contents manifestly non compliant with third parties rights, as soon as it receives a direct complaint, provided with all necessary data to evaluate a violation (such as: link of offending content, information about copyright violation, etc.).

• If Rumorants becomes aware of the illegitimate or prejudicial feature of the Content published online by the User, it will immediately, and at its own discretion, remove the offending information and/or disable access to such data.

• Rumorants, in any case, will not accept responsibility for possible violation of intellectual rights on contents by third parties, as well as for the possible loss, cancellation or alteration, momentary or definitive, of Contents for any cause. Each User contributing material to the Portal does so at his/her own risk, and shall face any and all consequences of such behaviors, thus indemnifying Rumorants as per article 13 below to the maximum extent permitted by applicable Law.

 

     10. Malware and connections to third party sites

Rumorants has committed itself to maintain the Portal without viruses and malware, but cannot guarantee its full immunity from them. The User has therefore to adopt suitable safety measures and has to use an antivirus program to avoid the loading of virus on his own software. In case of hypertext link to third sites, Rumorants does not have any responsibility for the possible illegitimate content of these, neither some obligation of control them.

 

     11. Indemnification

The User is obliged to release any liability and to hold Rumorants, as well as its affiliates and its representatives, its agents, its employees and third parties to which Rumorants has granted rights on the uploaded materials, free from all the losses, damages, responsibilities, costs, burdens and expenses, including the possible legal expenses that might be suffered or sustained by Rumorants as a consequence of any publication of Contents uploaded by the User on Rumorants, and/or of any default from the User of the obligations and warranties written in this contract and however connected to the use of the service, also in case of compensation for damages claimed by third party.

 

     12. Service suspension

Rumorants retains full right to remove, without notice, the account of the User and any content produced and published by him that violates the conditions of these Terms and Conditions.

• Removal might occur also in case of content reported as abusive/unlawful/copyrighted by other Users or third parties to Rumorants. In such cases, Rumorants shall also retain all rights to compensate any damage occurred with the infringing User, as per article 9.

      13. Removal of the account for inactivity

If the User does not use the services provided by Rumorants for a period of 24 months in succession, Rumorants will have the right to disable his access to the site.

 

      14. Changes of terms and conditions of use

Rumorants retains the right to modify these terms and conditions in every moment and without any previous notice. In using the service, the User has to completely accept the new conditions.

 

     15. Contract termination

According to article 1456 of the Italian Civil Code this Contract may be terminated with no prior notice in case of any breach of the above terms and conditions. In such case Rumorants shall not be liable of any indemnification to the User. At the same time the User shall be liable for losses, damages and other indemnifications to Rumorants, arising as a consequence of the breach.

 

     16. Contract conservation

Should one or more of the provisions of these Terms and Conditions be declared null, void, even in part, the remaining part shall maintain its validity and Rumorants will amend the Terms and Conditions adequately.

 

     17. Applicable law and competent Court

These contract shall be governed by the Laws of Italy.

• For any disputes arising because of or under the above Terms and Conditions the Courts of Law at Rome, Italy shall have exclusive jurisdiction.

• The use of Portal/services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

According to article 1341 of the Italian Civil Code, the User has read and accepts the terms contained in Articles 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, and 17 .

                                                                                                                                                                                                                                           

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