The present general terms of usage (following, "General Terms") concern the terms and the conditions regulating the usage by the users of "Social Network Service" (following the "Service") at disposal from "Tripandia" by web site www.tripandia.com/p>
Tripandia emphasizes the freedom of expression of its users, but required that freedom is used in the limits of legal and that does not offend the others.
The Service is used to share and review the own travel experiences and to read those of the registered users.
The Service offers the possibility to consult the Internet web pages, the pictures, the data, the summary reports, the documentation, the maps and other accessible information by the web site www.tripandia.it and for the Users, who have completed the procedure of registration of which to successive art. 3.2, allow to insert, publish and promulgate on line comments and personal contents about own travels, places visited, paths tracked, structures, places of interest and pleasure etc, (following the "Contents")
The Users note and accept that the Contents they insert in the web site will be available, free of charge and for all their staying on line, to other Users, also if not registered to the Service. The Users note furthermore that, in order to execute correctly the Service, Tripandia could reproduce/visualize the Contents inserted, and if the case, to adopt itself the format.
The Users expressly consents and authorizes Tripandia to carry out all the operations useful and/or necessary to the performance of the Service.
2.1 To access to all funcionalities of the Service the user registration is required. The user can always decide not to register and to use only the options of Service not requiring the registration.
2.2. In case of registration, the right to the User to use the Service is personal and not transferable. The User, therefore, recognizes expressly that the Service is exclusively for personal usage. The access to the service is permitted by a User Identification Code (Username) and a key word (password). The user is informed about the fact that the knowledge of both by other persons allow them to use the service on behalf of the same User. Therefore, the user is required to store the password with maximum privacy and with maximum diligence and is responsible of the storage of the secrecy of the password and Username. He will be, furthermore, retained responsible of any damage and prejudicial consequence to Tripandia or to others as missed observation of what above.
The User is obliged to immediately notify to Tripandia to e-mail address email@example.com any not authorized usage of own Username and/or password and every other violation of security of which he should know. He is obliged to change password as soon as possible in the case of its loss or theft.
The User can in every moment change his password following the instructions provided by the system.
2.3 It is forbidden to the User to do any commercial usage of the Service. The User could not use the Service to promote the sale of products or services or to increase the number of visitors of the own site/s.
2.4 The User notes and accepts, furthermore, that it is expressly forbidden to broadcast in the network and to exchange copies of works protected by the current laws regarding the right of the author, included the Law 633/41 (following, "LdA"), without the permission of the authors. The reproduction and the availability (also by sharing of files or file-sharing) of the works protected by the right of author, without the autorization of the owner of the rights, is forbidden and to the above violations they apply the penalties, also criminal, expected by the LdA.
2.5. The Users accept that, in compliance with the praxis and the use of Internet, Tripandia is free to include into the Site advertsiment messages.
3.1. The enjoyment of the Service, is disciplined by the General Conditions and it is permitted exclusively to the Users of age connecting to Internet.
3.2 To get access to all contents of the Site and to enjoy of all funcionalities of the Service, the Users should be registered providing name, surname and e-mail address.
It is possible to register inserting data required using the format online as expected, after reading (i) the Informative, in observation of the Art. 13 of Legislative Decree 196/03 ("Privacy Code"), provided on the same Site and (ii), and of the General Terms which must be expressly accepted.
It is furthermore possible to autenticate themselves by the own Facebook account. That authentication, depending on the User, can be alternative to the standard registration or to be used as integration of the same registration.
3.3 The User express the own free and acquainted consensus for the handling of the own data by Tripandia, for the objectives and with the modality described in the informative of which he states to have noted.
3.4. For the objectives of the enjoiment of the Service, the User puts at Tripandia disposal your own personal data in truly way, corrected and complete, assuming himself the responsibility of the damages due to the inexactness of them. Tripandia reserves the faculty not to activate, to suspend or to lock the Service in every moment if data put at disposal result wrong or not existing.
4.1. The Users note that Tripandia is not mandated to check, and, unless it is necessary to carry out an article of Law, or a judge order or from other Competent Authority, the Contents inserted from the Users, not being subject to any surveillance general obligation, and therefore, he cannot be in any way retained responsible neither for the above Contents, or for eventual mistakes and/or omissions in them, or for eventual direct or indirect damages to the same Users and/or to others caused by the usage or missed used of the Service. The User, therefore, will be the only responsible of the Contents inserted, published and/or broadcasted on line by himself using the Service, in the name and on behalf of himself or of the others, over that about the exactness and truly of them. Tripandia do not acquire intellectual property rights on the Contents, which remain exclusively holding by the User.
4.2. For which concern, the User note that Tripandia acts exclusively as provider of the virtual spaces, and, except for what eventually expected by the Law, it cannot guarantee that the Contents broadcasted from the Users by the Service are not debatable, not compliant or offensive, and, therefore, refuse all concerning responsibility.
4.3. However, Tripandia can, without any obligation, submit for checking the Contents which will be uploaded from the Users on the Site, over that survey and/or check any part of the Site in which the Users send/place their communications.
4.4. Tripandia, furthermore, could reject, refuse, in every moment without notice, to insert in the Site, not use, remove, lock with a no entry and/or delete and/or modify the Contents considered not compliant or that in some way violate the regulations contained in the General Terms, without it could be retaining responsible versus the User.
4.5. As for above, the User commits himself to use the Service exclusively for legal purposes and admitted by the Laws time by time expected, by the uses and praxis, by the regulations of diligence and in any case without injure any right of the others.
4.6 The Users, in particular, note that it is forbidden to insert, to publish, to broadcast in the web space put at their disposal, Contents:
i) of offensive, injurious, defamatory, calumnious, racist, pronogaphic, vulgar, obscene, pedo-pornographic, blasphemous nature and in some way not compliant with the principles of the public order and the good custom or that could damage in every way the underages;
ii) that cause trouble to public or private quiet or offence or direct or indirect damage, to anyone or that encourage the others to act a illegal and/or criminal behaviour subject to penal or civil responsability;
iii) that violate current juridical law, included, as samples, the provisions of the LdA, (in particular pirate software, music files, images, videos, story protected by the Copyright), over that by the Privacy Code, or distinctive signs, intellectual property, industrial or other third persons rights;
iv) which contains viruses or other programs directed to damage or to interferer with the correct working of the Service, to cause a very big load of the activities of the technological infrastructures and the servers or to intercept or to appropriate of operational systems, data or personal information or to violate, to steal ot to remove the informatic or telematics correspondence of third persons;
v) containing advertisement, promotional material or some other request form not required and not desired.
vi) containing initiatives about the game of chance, concourses, games requiring a participation with charges.
vii) that promote web sites competitors of Tripandia.
4.7. The User guarantees the provenance and the originality of the Contents inserted by the Service, in the space put at His disposal. The User commits himself not to copy, not to reproduce, not to alter, not to modify, not to report, not to duplicate, not to communicate, not to distribute or otherwise promulgate eventual material protected by the Copyright without written authorization or expressed consensus of third persons as owner of intellectual property rights. The user is aware that the violation of these expectations is prosecuted by the articles. 171 and following of the LdA. Eventual material protected by the intellectual property right can be inserte in the above space only if the User has acquired from the Owner the connected rights of usage and, hence, only with the written permission of the owner of the right and with the obligation to remind the reference an the exixtence of the permission.
4.8. Tripandia will not respond about delays, bad working, suspension and/or interrruption - neither versus the User, or versus subjects directly or indirectly connected to the same Users. The User is responsible to obtain the access to the Service with the awareness that this access could involve third persons (e.g. the Internet provider). Therefore, the User must be in possession and directly responsible of necessary instruments to have access to the Service.
4.9. Tripandia does not assume neither guarantee or responsibility caused by any kind of damages or viruses which could damage or infect the hardware and/or software of the Users, deriving from the download of the Contents relative to the Service.
5.1. It is agreed that i) in case of violation from the Users of dispositions and guarantees as for previous art. 4, or by the way, in the case of Tripandia hears, in any way, about the Users who have used the Service not complying with what expected from the General Terms and/or received a documented dispute and/or warning of abuse about the risk of the said violation; or ii) if any dispute rises or they are requested any claim, pretenzion and/or any kind of request from third persons versus Tripandia concerning the Contents; or iii) if Tripandia retains, from own unquestionable judgement, that the Contents can be reason of damagese to third persons or to itself; or iv) if the Service is used from the Users for commercial uses; or v) in case of request from competent Authorities, Tripandia will have the faculty, by the own complete discretion, unless any other remedy expected from the Law, to act any measure or initiative which it will retain opportune and/or necessary, included the removal or cancellation of the Contents, over that the suspension or cancellation of the Users account, disabling immediately, without any obligation to notice it, their access to the Service. By the way, it is safe, the right of Tripandia to resolve the present contract and to require the refund of damages suffered.
5.2. The User note that in case of Tripandia, in the routinely checks of the functionalities of the Service, should casually hear about supposed illegal activities executed by the Users, is mandated and will provide immediately, as expected by the applicable laws, to forward the expected warning to the competent Authorities, providing, on request of them, the information in their possession.
The User, as for what expected in the previous Art. 5, committs himself to maintain Tripandia undamaged, guaranteeing it, substantially and legally, from any loss, damage, responsibility, cost, expenditures (included legal expenditures), deriving from the publication and broadcasting on line of Contents from the User or, anyway, from the Usage of the Service from Him.
7.1. The service is provided by Tripandia to the Users free of charge and for undetermined time.
7.2. The User could exercise in every moment and with not penalty the right of renunciation from the present contract sending an e-mail to the address firstname.lastname@example.org with the request of cancellation of the Contents inserted.
7.3. Tripandia, from its own, will have the faculty to withdraw from the present contract in every momento by written communication on the Site, with a notice di 15 (fifteen) days.
7.4. The withdraw and/or termination, for any reason, from the present contract will produce the deactivation of the Service and the cancellation of the Contents inserted. It is agreed that the User will continue to be responsibile about the Contents inserted and the operations made by the Service also after the withdraw and/or termination of the present contract.
8.1. Tripandia reserves the faculty to resolve by right the present contract, as expected from the articolo 146 of Civil Code, by e-mail sent to the User in caso of default also due to only one of the obligations contained in the Articles 2 (Usage of the Service), 4 (Guarantees and Responsibility) and 5 (Disabling and cancellation of the Contents).
8.2. The resolution, as for present article, will produce the termination of the Service and the cancellation of the access credentials as for the Art. 3 of the General Terms. It is agreed that the User will continue to be responsible for the Material inserted and the operations executed by the Service also after the resolution of the present contract.
The User agrees that Tripandia could suspend, without notice, the providing of the Service to guarantee the interventions for routine and extraordinary maintenance.
The usage of the Service expects necessarily the acceptance of the General Terms. The Users are aware that the General Terms could be modified in every moment, by the publication on line of the new version. The Users, using the Service, agree to update themselves and to know about the General Terms and to inform themselves about eventual modifications. The new Terms of the Usage of the Site will be automatically operational after 15 (fifteen) days from the date of their communication by the publication on the Site.
The Service does not intend to give life to a common organization, association, also participating, joint-venture, trust or other; Tripandia and the Users are extraneous about all any kind of relationship with third persons which will be done for the developing of their activities.
12.1. The General Terms are regulated from the Italian Law. For which not expressly expected by the General Terms the law expected for that matter will be applicable.
12.2. For any dispute concerning the General Terms the Forum of the User domicile is competent.
The User states to know and to expressly accept, as for which expected from the articles 1341 and 1342 of the Civil Code, the articles 2 (Usage of the Service), 4 (Guarantees and Responsibilities), 6 (Surety), 7 (Duration of the Service and Withdrawn), 9 (Express Resolutive Clause) and 10 (Variations of the Service.
Tip: If you took a trip to only one destination (e.g. a weekend in Paris or a week at the beach) simply insert that place (e.g. Paris or Hawaii). Otherwise, if your journey had more than one leg, start by inserting the first stage.