Effective Date: June 11, 2018
Fondazione Bruno Kessler (hereinafter "FBK"), based in Trento, is the owner of the website https://pokedem.com (hereinafter the "Platform") that provides users with the possibility to access a service to manage social media accounts through the Platform (hereinafter the "Service").
FBK has developed a software under which, upon registration on the Platform, the registered user (hereinafter the "Registered User"), may use the Service provided by FBK.
FBK’s Terms of Service (hereinafter the "Terms of Service") apply to Registered Users of the Platform and regulate the relationship between those Registered Users and FBK; by using the Platform, the Registered User accepts and agrees to such Terms of Service.
By accessing the Platform, the Registered User declares and guarantees to: (i) have carefully read the Terms of Service, which forms part thereof, (ii) agree to be bound by the Terms of Service (iii) be capable of complying with the Terms of Service hereof, (iv) undertake to comply with the Terms of Service, as well as any legislation applicable to the relationship between users and FBK. In case of breaches by the Registered User of the present Terms of Service, FBK reserves the right to remove his account and take any further action which may be deemed necessary to protect its rights and interests.
1 - TERMS OF REGISTRATION AND ACCOUNT MANAGEMENT
1.1. In order to use the Service, the user must register by creating his own account on the Platform. Each Registered User can then use his own account to perform actions on Twitter (i.e., post, share, like, follow, unfollow, and comment) through the Service (hereinafter the "Actions").
1.2. For registration and account creation, the user is required to disclose some personal data to FBK. Each user agrees to communicate only truthful and updated information.
1.3. The security of the account is the sole responsibility of the Registered User. Registered Users are also responsible for any and all activities that take place in their own account. The Registered User undertakes to promptly inform FBK of any potential unauthorized access and use of his own account.
1.4. Each Registered User can delete his account at any time by contacting FBK staff at email@example.com. FBK reserves the right to delete accounts that are inactive for an extended period of time, and in any case for a period that exceeds 365 days.
2 – ACCESS AND USE OF THE SERVICE
2.1. The Register User must subscribe to the Service by selecting a plan, (hereinafter the “Plan”), among the ones made available by FBK. The Registered User may decide to select a Plan free of charge (hereinafter the “Free Plan”) or a Plan to be paid (hereinafter the “Paid Plan”) among the ones made available for selection by FBK on the Platform for the prices indicated thereto to be paid according to the conditions set forth in the following 6.
2.2. By registering and selecting a Plan the Registered User will receive an account which is personal and through which he or she will be able to manage (semi-)automatically Twitter accounts. Each Plan will allow the Registered User to manage a specific number of up to a specific data-size.
2.3. FBK will provide the Registered User with the Service by learning on the actions performed by the Registered User and returning to the Registered User the relevant actions to perform, which include posting, sharing, liking, following, unfollowing, and commenting.
3 – DUTIES OF THE REGISTERED USER
3.1. The Registered User agrees and undertakes not to use the Service for the following purposes: (i) for any illegal or unauthorized purpose, (ii) in violation of the rights of any third party, (iii) to use the personal data of any other third party without the relevant and explicit consent to do so, (iv) to upload, submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", chain mail, or any other form of unauthorized or unwanted solicitation, (v) to transmit worms and other viruses and / or any code of a destructive nature or otherwise capable of interfering with the operation of the Platform, (vi) for commercial or purposes other than those permitted under these Terms of Service or otherwise in violation of these Terms of Service or any applicable rule of law.
3.2. The Registered User expressly acknowledges the fact that MachineLinking will retain a copy of the metadata submitted by the Registered User or that have been generated by the Service only for the time necessary to provide the Registered User with the Service, after which such metadata will be deleted. MachineLinking will only retain statistical data concerning the use of the Service.
4 – FBK’S LIMITATION OF LIABILITIES
4.1. The Registered User acknowledges the fact that all Actions performed through the Service fall under the sole and exclusive liability of the Registered User from whom such Actions originated. The Registered User is therefore solely liable for any Actions performed through the Platform and the Service.
4.2. The Registered User acknowledges the fact that FBK does not and cannot control the Actions performed through the Service and, consequently, that FBK cannot be liable for the accuracy and/or reliability of the Actions.
4.3. Notwithstanding the above provision, FBK reserves the right to remove any Actions that violates the Terms of Service or that is in violation of any law applicable to the relationship between the Registered User and FBK.
4.4. The Registered User agrees and undertakes and accepts: (i) to hold harmless FBK, as well as the subjects related to or under its control, including its representatives, employees and its business partners from any liability, legal expenses included, which may result from Actions performed by Registered Users through the Service and, in general, from any use of the Service by Registered Users, any breach of the rules governing its use and/or any violations committed by third parties, resulting from the use of the Service by the Registered User, (ii) that FBK, as well as subjects related to or under its control, its representatives, employees and his business partner will not be liable for any possible direct damage deriving from the incorrect and/or unlawful use of the Service by the Registered User.
5 – INTELLECTUAL PROPERTY
5.1. With the exception of contents submitted by the Registered User (hereinafter the “Contents”), all of the contents that are part of the Platform (including text, graphics, images, drawings, icons, photographs, [video clips, audio clips], interfaces, software, logos, titles, names as well as the Platform itself) are the sole property of FBK (hereinafter the “Contents of FBK”) and are protected under intellectual property law. In the absence of the express authorization by FBK, a Registered User shall not use, reproduce, copy, modify, adapt, publish, transmit, distribute, perform, download, insert into a database, create derivative works, decrypt, transfer, distribute or sell the Content of FBK, in whole or in part. The unauthorized commercial use of the Content of FBK is also prohibited.
5.2. When using the Service, if the Registered User uploads/submits Contents owned by third parties, the Registered User declares and guarantees that he or she has obtained permission to use the Contents from the rightful owner.
5.3. The Registered User shall not upload, submit or transmit in any way Content that is not either owned by him or in relation to which he or she has not previously been authorized by the rightful owner.
5.4. The Registered User agrees not to upload and submit Content (i) that is or may be, in any way, inappropriate, offensive, discriminatory, obscene, vulgar, and/or sexually explicit or otherwise violates or infringes the rights of any other third parties, and/or (ii) that violates the Terms of Service.
6 – PRICES AND TERMS OF PAYMENT
6.1. Registered Users upon registration in order to use the Service must select either a Free Plan or purchase a Paid Plan which will allow them to manage Twitter accounts. After the registration Registered Users may anytime decide to select and purchase a different Plan through the Platform or by contacting directly FBK at the following address firstname.lastname@example.org.
6.2. To select and purchase a Plan the Registered User is required to disclose some personal data for billing and payment purposes. Each user agrees to communicate only truthful and updated information.
6.3. Plan’s prices may vary depending on features and the number of Twitter accounts that the Registered User is able to manage. The Registered User will have the opportunity to choose the Plan preferred among the ones made available by FBK. FBK reserves the right to modify the prices and features of the Plans anytime.
6.4. The payment for the selected Paid Plan must be defined with FBK.
6.5. Payment by wire transfer is available upon request to be sent directly to FBK at the following address email@example.com. Such payment shall be made by the Registered User to the bank account indicated for the scope by FBK.
7 - AMENDMENTS AND ADDITIONS TO THE TERMS OF SERVICE AND USE
7.1. FBK reserves the right, at its sole discretion, to modify, suspend and/or terminate these Terms of Service as well as to modify, suspend and/or cease them any time for whatsoever reason.
7.2. FBK will notify the Registered User in case of any substantial changes to these Terms of Service. FBK will send an e-mail or a notification to the Registered User’s account; nevertheless, the Registered User is required to regularly check the Terms of Service and Use directly on the Platform, at the webpage address https://pokedem.com/tos.
7.3. The continued use of the Service constitutes your acceptance of any changes to the Terms of Service and Use; if the Registered User does not wish to accept these modifications, he or she must immediately stop using the Service.
8 – DATA PROTECTION AND PROCESSING UNDER D.LGS. N. 196/03
8.1. The data controller is FBK, with legal office in Trento, Via Santa Croce, 77, 38122 - Italy.
8.2. The personal data of each user is stored and processed by means of computerized procedures on secure servers and databases owned.
9 - APPLICABLE LAW AND JURISDICTION
9.1. Italian Law shall govern these Terms of Service.
9.2. Any dispute concerning the interpretation, execution, inaccuracy, non-performance or invalidity of these Terms of Service shall be the sole responsibility of the Court of Trento.
10 - MISCELLANEOUS
10.1. The failure or delay in exercising a right conferred by law or conferred by these Terms of Service to FBK shall not constitute any waiver of such right or provision.
10.2. The Registered User gives his consent to FBK to transfer its obligations to companies or entities belonging or affiliated to the same group, controlled by itself or by a parent company, provided that a notification of such transfer is given beforehand.
10.3. The Registered User may not transfer his obligations arising from these Terms of Service to any third parties without prior written permission of FBK.