1 - Definitions:
AppInk: is a registered trademark of the Chamber of Commerce, Industry, Crafts and Agriculture of Milan, Monza Brianza, Lodi - Via Meravigli, 9/B - 20123 Milan on 30/11/2017 - N.ID. 302017000137972.
Portal: the Portal is the application that allows the virtual meeting between User and Advertiser for their own purposes better specified below in these Regulations.
User: is anyone who accesses the Portal for any purpose and, merely by accessing the Portal, is required to comply with the provisions of these Regulations.
Advertiser: is any legal entity (e.g. freelancer, company, enterprise, company, etc.) that offers its services including the distinctive features, address, achievements and anything else promulgated by the same through the Portal in order to promote or even just bring any third party to know about its activities.
2 - Terms and conditions:
1) The AppInk "Portal" is composed of the website, the platform and all applications aimed at allowing its customers to search for public establishments that provide tattooing services on skin within the database created through the advertisements made by the Advertiser in accordance with the provisions set out in these Regulations.
2) The Portal also allows its users to collect the main information relating to Advertisers such as names, locations, types of tattoos made, opinions freely expressed by other users, etc..
3) The User has the right and faculty to use the Portal on condition that the User has accepted all the terms and conditions set out in these regulations.
4) AppInk reserves the right to modify the Agreement, in accordance with the terms and conditions of the Agreement and in full compliance with any new provisions or amendments to the relevant regulations.
The User is therefore aware and accepts that the access and/or use of the portal after the aforementioned changes, automatically implies the acceptance of the Agreement with the relative changes. In any case, it is the User's responsibility to verify that, with each access to or use of the Portal, the conditions have remained unchanged or modified, since the Portal is not required to provide any prior information or authorisation that is not expressly provided for by law.
3 - How to use the Portal:
1) The User is authorized to use the Portal on condition that he guarantees the truthfulness, accuracy and completeness of all the information provided through the Portal, that he is over 18 years of age because, failing this, he will not be able to publish any kind of contribution on the Portal, that he has accepted the conditions of use of the Portal and that he has the necessary powers and the right to use names, logos or nicknames on the Portal.
2) If the Portal detects the violation of even one of the above conditions, it may inhibit access to the User, reserving the right to take any appropriate action in this regard.
It is absolutely forbidden for any user to copy, transmit, reproduce or use in any way material or information that may be defined as different from that intended to use the Portal without express permission from AppInk.
4 – Not allowed activities:
1) The contents and information on the portal and all applications and software used to provide the services offered by the Portal are the exclusive property and right of use of AppInk (with the exception of those previously registered by other parties and legitimately used under licenses or concessions of use), which is why it may not be used for any purpose other than the use of the Portal itself.
2) Furthermore, the User may not use the Portal and its contents for commercial purposes, execute any system aimed at including any part of the Portal in other websites without the prior written consent of AppInk, modify, translate, adapt or change the software programs used by AppInk for the operation of the Portal and its services.
6 – Reviews, comments and use of other interactive features:
1) AppInk, in full compliance with the above conditions, allows the User to send and publish content through the Portal and that is strictly related to the services offered on the Portal, including photographs, videos, comments, reviews, suggestions, granting AppInk the non-exclusive right, not subject to copyright, unlimited, transferable and irrevocable to use, reproduce, modify, adapt, translate, distribute and publish with the right to be expressed at the foot of the publication itself, to ensure the authorship of the comments or reviews published. You also grant AppInk the right to prosecute any person or entity that is responsible for a violation of your or AppInk's rights with respect to the submitted Content in any way related to this statement. The User therefore acknowledges and agrees that the submitted content constitutes nonconfidential information and is free from any property rights.
2) AppInk does not modify and does not exercise any kind of control over the messages published by Users on the Portal (including reviews, exchange of communications between Users, identity used, quality of information, etc.).
3) For the same reason, the use of any interactive area on the Portal will be the sole responsibility of the Users who use it.
4) The User therefore expressly accepts the prohibition to publish, upload, transmit, distribute, store, create or otherwise make public messages, data, information, texts, music, audio, photos, graphics, codes or other material that is false, illegal, misleading, defamatory and in any case referable to the violation of the laws in force in civil and criminal matters, including the rights of image, trademarks and copyright.
5) AppInk declines all responsibility for the Content published, stored or uploaded by you even if they are lost for any reason and so also with regard to any errors, defamation, insults, slander, omissions, false statements, language obscene, pornographic or profane. As a provider of interactive services, AppInk disclaims all liability for any statements, representations or Content provided by Users in any public forum, personal home page or other interactive area. Although AppInk is under no obligation to analyze, edit or monitor any Content posted or distributed through the interactive areas, AppInk reserves the right, in its sole discretion, to remove, analyze, translate or modify without notice any Content posted or stored on the Portal at any time or for any reason, or to permit such operations to third parties on its own behalf. The User remains solely responsible for the creation of backup copies and the replacement of Content published or stored on the Portal, assuming all costs and expenses.
7 – Exclusions and limitations of AppInk's liability:
1) AppInk is in no way affiliated with the activities that are presented and searched by Users and does not have any rights in relation to the number of contacts or actual transactions that may be carried out between the User and third parties.
2) For this reason AppInk is not in any way responsible for the relationship that may be established between Users and, in particular, for the mismatch with expectations arising from the use of the Portal, for problems relating to the quality of the service provided or any failures or partial payments that, in accordance with current legislation, can only be reported, in full compliance with the right of criticism.
3) AppInk does not sponsor or advise third parties or the services they provide and, therefore, the User acknowledges and accepts that AppInk declines all responsibility for the accuracy or completeness of the information obtained from third party suppliers and published on its websites or applications.
4) The User therefore accepts any risks related to actions, omissions, errors, representations, warranties, violations or negligence by any third party and therefore may be the subject of appropriate legal action only against that person and not even AppInk.
5) Any disputes or conflicts regarding an actual or potential transaction between User and advertiser, regarding the quality, condition, security or legality of a structure advertised, accuracy of the content of the ad, ability of the advertiser to provide the proposed service or ability of the User to pay the amounts due, are the sole responsibility of each User. You acknowledge and agree that you may need to enter into a separate agreement with the Advertiser prior to making a reservation or purchasing a product or service and that such agreement may impose additional restrictions on your reservation, product or service.
6) Information regarding the services and products offered or otherwise advertised by the Advertiser may include errors or inaccuracies including prices, type of services, availability of reservations or opening and closing times. Any such errors or omissions will in any case be attributable solely and exclusively to the Advertiser, who the User must contact in advance before being able to consider such information as correct, even if present on the site and/or on the AppInk Portal.
7) AppInk, if it ascertains directly or through its Users that one or more of the information published by the Advertiser is incorrect, where possible, shall be free to correct such errors or omissions by giving timely notice to the Advertiser or by granting the latter a peremptory period of ... days / hours after which, in the absence of correction, AppInk shall have the right to remove any reference to the Advertiser.
8) The inclusion of any reference to the Advertiser should be understood as a mere means of publication of data and information relating to the Advertiser who remains subject to third parties with respect to AppInk. Therefore, any information on the Portal may not be construed as sponsorship or recommendation and the positioning of Suppliers within the Portal as a result of the research carried out by the User will be indicative and dependent only on the criteria identified by the User such as proximity and liking of Users expressed by number of stars.
9) The User declares to have taken note of the conditions of use imposed by the developer of the Overbi S.r.l. platform. F.C.: 09351560967 with registered office in Milan at Viale Bianca Maria n° 39 a AppInk and therefore to accept the same conditions including any limitation of liability in the same indicated.
10) Finally, the User declares to be aware of and, therefore, accepts that the software used by AppInk is constantly updated by the developer and that, therefore, for this reason, the Portal may be subject to changes directly related to such updates such as possible temporary suspension of the service or inability to use for reasons such as obsolete equipment or need for further updates by the User.
8 – Links to other sites:
1) The Portal may contain hyperlinks to websites inserted by the Supplier and intended solely and exclusively for reference purposes. AppInk, in fact, does not exercise any kind of control over such websites and, therefore, is not responsible for their content. Furthermore, it is the User's responsibility to take precautions regarding the protection of their equipment from any viruses or Trojans that may result in threats from the AppInk Portal or Site or from the Advertiser.
2) The inclusion of hyperlinks to such websites in no way implies the sponsorship by AppInk of the material on such websites and, therefore, access by the User will be under his sole responsibility.
9 – Trademarks and Copyright:
1) All contents of the AppInk Portal are registered with the Chamber of Commerce, Industry, Crafts and Agriculture of Milan, Monza Brianza, Lodi - Via Meravigli, 9/B - 20123 Milan on 30/11/2017 - N.ID. 302017000137972. Therefore AppInk is not responsible for the contents of websites managed by different entities.
2) The Logo, the Trademark and the Name are legally recognized as copyrighted property; it is therefore forbidden to copy, imitate or use them, in whole or in part, without the prior written consent of AppInk.
3) The same limitations are to be considered valid and imperative for the appearance of the Portal, the headers of all pages, custom graphics, icons and button scripts, as well as everything that refers exclusively to the Advertiser, if duly registered, with exclusive right of use valid.
10 - Procedure for reporting and removal of illegal content:
1) The User acknowledges and accepts that AppInk adopts the following procedure for reporting and removing illegal content.
2) The User who detects the presence of such content can contact AppInk by sending an email to the following email address: [email protected]
3) Within 5 (Five) days AppInk will verify the actual existence of the reported contents and will then take the appropriate decisions, among which there will be the right to remove said material, inform the person to whom the reported contents should refer and take any appropriate action on the matter, according to the type of violation that may be found.
11 – Applicable law:
1) The Portal located on the Overbi S.r.l. server and managed by AppInk S.r.l.s.
2) This agreement is therefore governed by the current Italian regulations, in accordance with the provisions at European level.
3) For any dispute that may arise between the parties, the Italian legislation and the Court of Milan shall be deemed applicable, if this provision is not exceeded by mandatory rules that can prevail over the present ones.
12 – General provisions:
1) The faculties and rights exercisable by AppInk are however subject to the laws in force and nothing contained in this Agreement shall constitute a limit to AppInk's right to act in accordance with law enforcement requests that may legitimately be made and concerning, in particular but not limited to, the User's use of the Portal or the information provided and collected through it.
2) The User acknowledges and therefore accepts that any claims or legal actions directly or indirectly related to the use of the Portal and to the provisions of this agreement, may not be exercised after one year from the date on which the disputed event occurred. Failure to comply with the aforementioned one-year period shall constitute an irrevocable waiver of the claim or legal action.
3) If any provision of this Agreement is deemed void or unenforceable under applicable law or subsequently enacted by mandatory force, it shall be deemed superseded by another valid, enforceable and as similar in intent as possible to the original provision, without affecting the enforceability of the other provisions of the Agreement.
4) All rights not expressly granted in this Agreement are reserved.
13 – Support:
For any type of request, communication or information, the following contact details are provided, which may be changed in the future without any obligation to notify the User, who must always refer to what is published on the Portal.