Abbuydda!

Terms of service

Subject-matter
Service provision and access procedures
Cancellation of registration
Obligations of the user
Guarantees and responsabilities of Prossima Isola SRL
Service transfer and modification
Confidentiality
Privacy policy
Settlement of disputes
Notices
General
Contract storage, reproduction and translation
Governing law and applicable provisions

1. Subject-matter

• 1.1 This agreement provides that Prossima Isola Srl provides the users with a range of services provided through the Web sites which he owns. Will attest to their description reliance on them operated in the pages you asked. You now declare to accept all service of Prossima Isola Srl where you can enter with your registration, in their content and their delivery.

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2. Service provision and access procedures

• 2.1 Access to services is permitted subject to your registration required to collect the access codes to services, you will be notified by Prossima Isola Srl exclusively to the email address you specify;
• 2.2 Membership to Abbuydda is subject to fulfillment of eligibility requirements such as the ability to act and to enter into legally binding contracts, an age less than 18 years. The registration will be invalidated if it is an age than allowed. Access or use of the services performed outside of the eligibility requirements is unauthorized and violates the conditions of use. Accessing the service or site is declared to fulfill the eligibility requirements and agree to abide by all terms and conditions of this agreement.
• 2.3 To successfully complete your registration, you have to provide some details, such as: name, surname, age and email address. Any additional information will be required where necessary and upon your prior express consent.
• 2.4 Personal information provided for registration purposes may be communicated to third parties, other than Prossima Isola Srl, with which Prossima Isola Srl maintains relationships. Prossima Isola Srl will properly inform you of the nature and the purposes of such communications. Where required, such communications will be subject to your consent as for the practical manner of carrying them out. You may, during the entire period of your registration to the services provided by Prossima Isola Srl, refuse to have such information disclosed, without such refusal affecting the provision of the principal service.
• 2.5 By registering, you will, among other things, be able to have access to the new service "Abbuydda", which object and terms of provision will be explained on the web pages of Prossima Isola Srl
• 2.6 Prossima Isola Srl services are free of charge, except for some limitations which will be subject to further terms and conditions. You will be properly informed of the relevant terms and conditions, as well as of any other addition or amendment thereto. In the event of changes in the provision of the services that would imply any costs for you, you will be enabled to renounce your registration within and no later than 60 days from the date of publication of the new conditions on Prossima Isola Srl web pages.
• 2.7 Services may be accessed twenty-four (24) hours a day, seven (7) days a week, without prejudice to the provisions set forth in 5.2) hereinafter.

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3. Cancellation of registration

• 3.1 You have, at any time, the right to cancel your registration and the data you provided along with it by sending your request to: Prossima Isola Srl, via Castelsardo, 2 - 07100 Sassari - Italy
• 3.2 When a request to cancel is submitted, Prossima Isola Srl, on its part, will cancel the registration within the applicable time limits, notifying you of the cancellation and the inhibition to the use of any personal data by third parties to which it had been communicated.
• 3.3 In case of failure to fulfill your obligations under this Agreement, your registration may be cancelled by Prossima Isola Srl, even without you being notified. The same shall occur also in case of any abuse, committed by or attributable to you, of which Prossima Isola Srl has become aware either directly or by other Users of the website or by anyone who has suffered damages as a result of such abuse, even if such abuse is the consequence of not only an unlawful, but also an incautious use of the service by you or by any other person related to you or subject to your supervision. The decision of Prossima Isola Srl, in such cases, is final and it shall also reserve the right or the freedom, depending on the abuse, to report such abuse to the competent authority. The foregoing, without prejudice to the right to compensation for any damage incurred as a result of the conducts described above.

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4. Obligations of the user

• 4.1 You are responsible for the secrecy and confidentiality of the access codes assigned to you by Prossima Isola Srl in order to access the service; therefore, you hereby agree to indemnify Prossima Isola Srl against any direct and indirect damage incurred by the company and/or third parties as a result of non-compliance with the aforesaid confidentiality obligations.
• 4.2 In case of modification, theft, misplacement, loss or appropriation of your access codes by third parties for whatever reason, you agree to immediately communicate it in writing to Prossima Isola Srl, which will provide you with new access codes reserving the right to ascertain any negligence on your part as well as to inform the competent authority.
• 4.3 You also agree to indemnify Prossima Isola Srl against any liability arising from conducts infringing third parties' copyrights, intellectual property rights and industrial rights, in connection with any material found through the services accessible by you, as well as with any software applications necessary to access the services if they belong to parties other than Prossima Isola Srl.
• 4.4 You are forbidden to use the systems owned by Prossima Isola Srl in an improper and inexperienced manner; to cause any damage whatsoever; to cause any interruption or total or partial suspension of the services provided by Prossima Isola Srl.
• 4.5 The information submitted on registration or any further information required to you shall not: be false, inaccurate or misleading; violate mandatory, statutory or regulatory provisions.
  You shall also acknowledge that Prossima Isola Srl prohibits the use of the provided services:
  - for spamming purposes;
  - to carry out correspondence against morality or public order or with intent to cause public or private nuisance, to cause offense, direct or indirect damage to third parties;
  - to intercept, impede or illicitly interrupt digital and electronic communications and/or disclose the content thereof;
  - to violate, steal or destroy information or electronic correspondence between third parties;
  - to communicate on the Internet in an offensive, injurious and/or defamatory manner;
  - to violate the privacy of other users of the Internet;
  - to contravene, directly or indirectly, the laws in force in Italy or in another state, with special reference to the laws on copyright, intellectual property rights and industrial property rights.
• 4.6 In case of violation of any of the above-mentioned prohibitions, this Agreement shall be deemed terminated de jure upon simple request by Prossima Isola Srl, for default and cause exclusively attributable to you, without prejudice to any other action of recourse or claim against those responsible for the violations. You undertake to indemnify and hold Prossima Isola Srl harmless against all losses, damages, liabilities, costs or expenses, including legal expenses, arising from any violation of the above-mentioned obligations and of all obligations contained herein that are solely incumbent upon you.
• 4.7 Prossima Isola Srl acknowledges your entitlement to develop software applications capable of interacting with the furnished services, in whatever format they are provided (i.e. Web Service, API).
  Your applications shall clearly indicate that the data shown originates from the services furnished by Prossima Isola through the wording "Powered by [name of service]" (i.e. "Powered by Abbuydda") and shall contain a hyperlink to the homepage of the corresponding service (i.e. http://www.abbuydda.com).

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5. Guarantees and responsabilities of Prossima Isola SRL

• 5.1 The websites managed by Prossima Isola Srl are only a venue enabling its users to find information at any time, from any Internet access point and by different modes. Any activity performed by you therein is not subject to the authority and control of Prossima Isola Srl. The company is not bound to control and guarantee the authenticity of the personal data provided by the user on registration.
• 5.2 Prossima Isola Srl shall guarantee the service under this Agreement in accordance with the terms agreed upon herein. Nonetheless, the company may - even without notice and at its discretion - discontinue or suspend all or part of the service under this Agreement, without being held responsible for it in any way, when the causes for such discontinuance or suspension are ascribable to: unforeseeable circumstances or force majeure; as well as tampering or repairs on the services or the equipment performed by you or unauthorized third parties; wrong use of the services by you or third parties even if authorized; malfunctioning of the equipment used by you for the connection to the services provided by Prossima Isola Srl. Finally, service discontinuance or suspension may also occur when Prossima Isola Srl shall carry out maintenance or upgrading of its apparatus.
• 5.3 Prossima Isola Srl acknowledges your entitlement to develop software applications capable of interacting with the furnished services, in whatever format they are provided (i.e. Web Service, API).
  YOU EXPRESSLY AGREE TO ACCEPT THE STATE AND THE CONFORMITY OF THE PROVIDED SERVICES WITH THE AFORESAID PURPOSE, ON AN "as is" BASIS.
  Under such authorization by Prossima Isola Srl, you are not, however, allowed to:
  - make unauthorized alterations, or interferences that may be prejudicial for the system owned by Prossima Isola Srl;
  - use the said system in an improper, inexperienced or even illegal manner;
  - use the said system in a manner that may jeopardize its correct functioning, or prevent the provision of the services to other users and cause any damages whatsoever, including those arising from violation of patent rights.
  
• It is hereby understood that the information received and obtained through the aforementioned services may not be subject to profitable commercial transactions. Nevertheless, you may unconditionally draw income from the use of your software without any need for further authorization, through the sale of pay services, the insertion of banners and other forms that do not breach these terms and conditions.
  IT IS ALSO UNDERSTOOD THAT YOU ARE NOT ALLOWED TO MODIFY THE CONTENT OF THE DATA PROVIDED BY THE SERVICES OF Prossima Isola Srl AND DISPLAYED TO THE USERS OF YOUR OWN SOFTWARE APPLICATION.
  Prossima Isola Srl shall reserve the right to verify that the services are used legitimately and, in any case, bring the infringements of the prohibitions set out in this paragraph, if any, before the competent authorities; You also agree to indemnify Prossima Isola Srl against any responsibility arising from any misconduct in the use of the data provided by the services of Prossima Isola and exchanged by means of the software application developed by you. In particular, you agree to indemnify Prossima Isola Srl against any responsibility arising from any illegal conduct under the Italian and international, civil and criminal laws. In particular, the types of conduct that are expressly forbidden include, but are not limited to:
  - infringement of copyrights;
  - nfringement of third parties' intellectual or industrial property;
  - defamation;
  - child pornography.
  
• 5.4 Prossima Isola Srl is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to actively seek facts or circumstances indicating illegal activity.
• 5.5 Prossima Isola Srl provides a platform through Abbuydda web for sharing information between customers and suppliers of products and services. Prossima Isola Srl does not represent neither the seller nor the buyer, and is not involved in any type of transaction. Therefore, Prossima Isola Srl does not occur and is not responsible for the quality, security, compliance or availability of products or services offered for sale on the site.
• 5.6 Prossima Isola Srl and the Member/user are independent contractors with no business relationship, direct or intermediated by a third party. Also Prossima Isola Srl and Members/users of Abbuydda act in full autonomy and independence. This Agreement shall not establish any relationship of partnership between them, agency, association, intermediation or employment.
• 5.7 Every Member/User agrees that any sale transaction and is totally at your own risk. These risks may include products and services, fraudulent, poor quality, shortages in meeting specifications, defective products, delays in shipment or payment, misunderstandings about costs, warranty terms, contracts and transportation. Each member/user agrees that Prossima Isola Srl is not responsible for any damage resulting from such risks on transactions.
• 5.8 You are hereby informed that Prossima Isola Srl is, in any event, required:
  - to inform without delay the judicial authority or the administrative authority responsible for the monitoring thereof in the event that it becomes aware of an alleged illegal activity or information concerning you;
  - to provide, without delay, upon request of the competent authority, information in its possession that permits your identification on the basis of any agreement with you to store data (registration and subsequent contacts), in order to spot and prevent illegal activities.
• 5.9 Prossima Isola Srl incurs third party liability in respect of the content of the provided services in the event that, having been requested by the judicial authority or the administrative authority responsible for the monitoring thereof, does not promptly take the necessary measures in order to prevent access to the said content, or if, having become aware of content that is illegal or prejudicial to a third party in a service to which it grants access, does not inform the competent authority thereof.

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6. Service transfer and modification

• 6.1 By entering into the agreements with Prossima Isola Srl, you agree that the services provided under the said agreements may be transferred in whole or in part. Therefore, you hereby acknowledge that the obligations assumed under agreement shall be fulfilled towards the parties succeeding to the rights of Prossima Isola Srl. The company shall notify the transfer, once it has taken place, and you, from that time on, in addition to the foregoing, shall settle any debts, if any, with Prossima Isola Srl. In any event, you shall be entitled to withdraw or cancel your registration, thereby waiving the services transferred.
• 6.2 Moreover, you hereby acknowledge the right of Prossima Isola Srl to modify the services to which you have access and accept the alterations as notified, without prejudice, in any event, to your right to withdraw according to the terms and procedures set forth in para 3).

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7. Confidentiality

• 7.1 Your personal data is collected for the sole purpose of starting the procedures for the performance of the agreement and the relevant necessary communications;
• 7.2 Prossima Isola Srl will process all your personal information in accordance with the statutory provisions set forth in the Code on personal data protection;
• 7.3 Prossima Isola Srl undertakes to observe, and have observed by its employees, the provisions on the subject of minimum security measures for the protection of your personal data that might accidentally become known to the abovementioned parties. The Company shall also undertake to observe, and have observed by its employees, confidentiality on your personal data that might accidentally become known to them in consideration of the activity carried out.
• 7.4 The foregoing, without prejudice to the entitlement of Prossima Isola Srl to transmit said data or information to persons delegated by the Company to perform the services related to the subject-matter of the agreement entered into by the parties, that will be communicated for the sole purposes of the provided service, prior to the signing by such persons of a confidentiality agreement regarding the data itself, without prejudice to the cases set forth in para 6).
• 7.5 You acknowledge and accept the existence of the electronic record of the operations of the services of Prossima Isola Srl (the "Log"), generated and stored by the Company. The Log content is absolutely confidential and may only and exclusively be exhibited upon request of the competent authority.
• 7.6 The obligations set forth in this article do not apply to the information that Prossima Isola Srl can prove:
  - is known to it prior to the acquisition of the same by virtue of the contract between the parties;
  - is in the public domain at the time of conclusion of the contract between the parties.

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8. Privacy policy

• 8.1 You hereby and expressly declare that you have received the notice, pursuant to Italian Article 13 of D.Lgs 196 of 2003 (Code on personal data protection) and that, therefore, are informed of the methods and purposes of the processing of personal data communicated to Prossima Isola Srl. Such notice is however present in the website and can be read before proceeding to registration.

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9. Settlement of disputes

• 9.1 Any disputes shall be referred to the jurisdiction of the Italian courts.

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10. Notices

• 10.1 Any notices between the parties concerning this Agreement shall be sent by email.

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11. General

• 11.1 This Agreement supersedes and replaces any prior agreements, understandings, negotiations, oral or written, between the parties hereto with respect to the subject-matter of this Agreement;
• 11.2 the invalidity of an article, or part thereof, shall not imply the invalidity of the entire agreement;
• 11.3 any supplement and/or amendment hereto shall be made, on pain of nullity, according to the forms set forth herein;
• 11.4 Voidness, voidability or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.

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12. Contract storage, reproduction and translation

• 12.1 This Agreement is submitted to your attention in its English version. You shall download, save and print the Italian version of the Agreement and store it.

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13. Governing law and applicable provisions

• 13.1 This Agreement shall be governed by the Italian laws;
• 13.2 As regards everything not expressly provided for in this Agreement, the law provisions applicable to the relations and the specific cases set out in the same Agreement shall apply.

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Pursuant to Article 1341 of the Italian Civil Code, the User declares to have been informed of the terms and conditions contained herein, with particular reference to: 1) subject-matter; 2) service provision and access procedures; 3) obligations of the user; 6) service transfer; 7) confidentiality; 9) settlement of disputes. And therefore he/she expressly approves them.

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