- Updated to April 23, 2014
The terms and conditions (from now on called "T&C") below refer to the services (from now on called "Services") available on the Internet at connexun.com portal (from now on called "Portal ") offered to its users (from now on called "Users") from Connexun Srl, a company headquartered in San Felice, Piazza Centro Commerciale 14, 20090 Segrate, Milan (from now on called "CNX ").
2.1 By accessing the Site and using the Services, Users expressly agree and are subject to these T&C. Therefore, please read these T&C carefully when you enter the portal.
Users who access the portal are entitled to use all the services mentioned in article 3.2 from time to time that are available and accessible.
2.2 The T&C regulations are posted on this Site and may be verified at any time on this page. CNX reserves the right to modify and/or update these T&C through a notice on the Portal. After a notice period of 15 (fifteen) days from the time of publication of the relevant amendment and/or update on the Portal, changes and/or updates to the same T&C shall be deemed accepted and fully effective towards the Users.
2.3 If Members are legal entities, these T&C shall also apply to its employees, agents, representatives and collaborators in general who use, even occasionally, the Services.
3.1 The connection to the Internet to use the Services shall be made from a personal computer, modem, telephone or by internet -enabled mobile phone from the mobile network. The costs related to connecting to the Portal shall be borne by Users. Users take on the correct configuration of their computers, modems and software connections.
3.2 On the Portal, Users can exercise the following activities :
( i) navigate freely in various areas on the Website (for example, homepage, news, etc..) using the Services that do not require authentication via specific account , and
( ii ) actively use the portal to access services to which it is necessary to register via specific account (from now on called "Services available upon Registration" ) .
3.4 Users may cancel their Account and, therefore not use most of the Services available, at any time after registration. The cancellation of the Account will automatically result in the removal of all personal data. Similarly, the removal that occurs spontaneously by Users of one or more content filled in by them, implies the final elimination of the contents from the server CNX, without being possible for the latter to recover or restore these files in any way, even if the Users request themselves.
One may also change at any time his personal information associated with his account in the "Edit Your Profile" section.
3.5 CNX does not acquire any ownership right on the contents of the Users. From the moment one allows contents to be accessible to other Users (without distinction or group) through the Portal Services, one hereby accepts that all other Users have, free of charge and for personal use, the right to view the contents of the Portal through computer or other electronically connected communication devices (for example, the mobile version of the Portal) as long as the content is not deleted from the Portal itself. In addition, for the duration of the hosting of the content in the narrow framework of features that allow one to make the content accessible through the Portal via the Internet or other electronic means of communication, Users authorize CNX to reproduce/represent the contents and, where necessary, adapt the format for this purpose. Users are informed that on the other hand, taking into account the nature of the Internet, that the transmitted contents are not protected against the risk of further spread and/or use and/or misuse and/or piracy, for which CNX cannot be held responsible. It is up to the User, if this is the case, take all appropriate measures in order to protect these contents.
4. THE PORTAL
4.1 The Portal consists of a specialized search engine that aggregates, organizes and makes it more and more easily accessible, through the use of a range of technologies and sources, contents from blogs and web sites (from now on called "Blog or sites"). The contents sourced by Blog or Sites imported and processed in the Portal are organized, always using the specialized search engine, with algorithms owned by CNX (from now on called "Contents").
4.2 The inclusion of Contents in the Portal does not imply approval or endorsement by CNX, which not carry out any checks whatsoever on any of such Contents. The Contents and their individual placement in the pages of the Portal are not modified in any way by the staff of CNX. Even the Top Content displayed on the Home Page is organized and published through technologies and algorithms and therefore not selected and/or modified by the staff of CNX. CNX therefore does not assume any responsibility, for example, and not limited to, of the legality, accuracy and/or correctness of the contents, news, photos or videos. CNX does not assume any responsibility on any opinion, information, advertising, product or service to be paid for, or offered therein, nor the respect of industrial property rights and /or intellectual or of the rules on protection of personal data, nor respond to their possible opposition to public order, morality and /or otherwise morals.
4.3 CNX, in full respect of copyright of the Contents, shows its visitors the Contents only in the form of title and abstract (explicitly mentioning the original source and without making any change to the original source itself), sending its visitors, through links directly to the original source of the same content for its integral vision. Any Blog or Site inserted in the contents of the Portal, that one does not wish to be included in the search engine CNX, can be completely removed by contacting CNX staff who will remove the Content from such Blog or Sites sources that may be present in CNX . Anyone concerned, who thinks that the activity or information or Content discussed above is illegal, will be free to contact the appropriate authorities and to ask CNX to take the steps required by the Law.
4.4 The Portal Services are intended for non-commercial use. Users agree not to reproduce, duplicate, copy, distribute the Contents and materials on the Website for commercial purposes, nor to use Portal Services for collections of money not authorized by CNX. Any misuse of Portal Services and Contents for such purposes, will cause the resolution of the relationship between the Portal and its Users and the consequent interruption of the Portal Services.
5 . DUTIES and RESPONSIBILITIES OF USERS
5.1 Users who use the services of the portal are expected to behave with continuous correctness, accuracy and legality in order to be able to navigate and use the internet and the services it offers in a more secure and aware manner. Users are in fact responsible for all activities undertaken by them through the Services of the Portal.
In particular Users agree, in general, to comply with the use of the Portal Service as follows :
( i) by respecting these these T&C;
( iii ) by respecting the rules of conduct that constitute the so-called "Netiquette " (for example, a set of rules governing the behavior of an Internet user in relation to others through resources such as newsgroups, mailing lists, forums, blogs, social networks or email in general), and
( iv) by respecting the laws in force (collectively known as the "Reference Rules" ) .
Users are aware that the images, messages, texts, photographs, and more generally any material or content accessed publicly or privately transmitted, are under the responsibility of the Users, and more generally, of the parties from which such content comes from.
Users declare and warrant that they have obtained all necessary consents and required privacy permissions if the material that is being published contains personal and/or sensitive information of third parties.
Users assume all responsibilities of the material being transmitted, distributed, published and sent to third parties, directly by them or by third parties on their behalf, either publicly or privately through the Services.
5.2 Users are informed from the outset that in cases where:
( i) CNX becomes aware in any way (through warnings, claims, demands and/or claims of third parties, etc. . ) of a breach by Users of the provisions and guarantees described in Article 5.1 above, or a use of the Portal Services in deviation from the provisions of these T&C;
( ii ) CNX becomes aware in any way of content that, at its sole discretion , may cause damage to third parties or to itself, and
( iii ) there are requests from the competent authorities,
CNX may, at its discretion, without notice, without prejudice to any other remedy provided by law, including the right to terminate the relationship with Users and request payment of damages, take any action deemed appropriate and/or necessary, including:
( a) to suspend and/or delete any material, information , transmission or illegal content, inappropriate or contrary to the Reference Rules;
( b ) to suspend and/or cease at any time to provide the Services to those Users of the Portal whose behavior has violated the T&C;
( c ) to suspend the Users’ profile , and any associated profiles, in the case of previous and repeated violations of T&C; and
( d ) to prevent or put to an end to the violation in the way that may be instructed by the competent authorities .
Users also agree that, in the event that CNX becomes aware of alleged illegal activities carried out by Users, CNX will inform the competent authorities, by providing, upon request of the latter , information it has got that enables the identification of the Users in order to allow authorities to identify, prevent and punish such illegal activities.
5.3 Users declare and warrant that the personal data concerning themselves provided at the time of registration through the creation of the account are true and correct.
Users therefore undertake to keep with the due diligence and secrecy their Account (including User ID and password) and their personal information. They engage themselves to prevent others from freely use their Account to access and use of the Portal Services. The knowledge of the account by any third party in fact allows it to use the Services of the Portal in their name.
Users are informed that they will be held fully responsible for their conduct, in relation to the contents entered or distributed in the network, and in general of all of the activities carried through the Portal Services, which will therefore be attributed to them by virtue of the Account.
5.4 Users will be required to indemnify CXN, by keeping it out of judicial proceeding, and by not harming it with any loss, damage, liability, claims generated by third parties, costs and expenses, including legal fees, arising from any conduct of the Users in violation of the provisions contained in these T&C, even after the dissolution and/or termination for any reason of the relationship with CNX.
6. RELATIONSHIP WITH USERS
6.1 CXN has the right to modify, suspend, or discontinue (temporarily or permanently) at any time the existing form and nature of the Portal Services, without Users having reasons to ask for any refund and compensation.
CNX can give simple notifications to Users of changes of Services through the Portal.
CNX reserves however the right at any time to establish maximum limits to be fixed for the supply of any Portal Service, including the number of transmissions one may send or receive through the Portal Services and the amount of memory space.
6.2 Users agree and expressly authorize CNX, also according to D. Decree 206/2005 art. And 58 of the Privacy Code art. 130, to treat their data to be sent, through the use of automated communication means even without intervention of referred operators, in particular, to paragraphs 1 and 2 of art. 130 of the Privacy Code, such as email, fax, multimedia messages, SMS, pop up, postal mail, banners, of advertising material and/or direct sales and/or for carrying out market research and/or to the sending promotional and/or commercial and advertising messages, relating to services and/or products of CNX and/or products or services of third parties.
6.3 Users acknowledge and accept that CNX maintains and keeps a log of connections (log). The connection registry can be shown only when there is an explicit request by the Judicial Authority.
CNX may disclose communications made through its Portal Services, as well as personal and identification data provided by the Users only and exclusively in cases in which this data is expressly required by the judicial authorities, or is given to third parties in charge of data treatment for purposes related to the Services of the Portal or there is an evidence of offense.
6.4 Users as well as the Portal Services will supply links (links) to other websites or resources from the Web. Users are informed and agree that CNX can not in any way be held liable for the content, advertising, products and services belonging or being marketed to third parties on the Website or on other websites linked to it via links. Transactions made by users with advertisers on the Website or on other websites, delivery and payment of goods or services, the presentation of guarantees and all other related transactions is effective only between Users and advertisers. CNX is completely out of the sales transaction. Users acknowledge that CNX therefore cannot be held responsible in any way with regards to any problem related to or resulting, directly or indirectly, from the transaction and the quality of goods and/or services that may be purchased.
7. APPLICABLE LAW AND JURISDICTION
These T&C are governed by Italian Law.
For any dispute concerning the interpretation, performance or effectiveness of these T&C, the competent court is the Court of Milan.
"In case of any discrepancy between the text of the Terms & Conditions in the Italian language and this translation into English, the Italian version shall prevail".