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GENERAL CONDITIONS OF SERVICE

GENERAL CONDITIONS OF SERVICE

 

 

1. PURPOSE AND DEFINITIONS

1. These "Terms of Service" (GCS) regulate and govern your use of the platform "Boomstarter" these web addresses www.boomstarter.org, www.boomstarter.it, www.boomstarter.com, www.boomstarter.net, as well as by the User's responsibility regarding the use of the platform described above.

2. Boomstarter is an online platform, created with the aim of giving the opportunity to anyone with a creative project to share and raise the funds necessary for its realization. This platform is the exclusive property of Boomstarter Snc Ferrari Ruffino Simone & C. headquartered in Rome, Italy, Viale Parioli 12, CF / P. Iva: 11539501004 (from now on even Boomstarter or Company).

3. "User" means the natural or legal person registered under art. 2  that uses the services offered by­­ Boomstarter described in the following articles.

4. With the use of the site (visiting, browsing, subscription), you agree to be bound by the terms of this contract. This agreement extends to all users of the site and / or the service itself, including users who are only employees, informants, technicians, and users and / or filler material and / or services on the site.

 

 

2. REGISTRATION

1. In order to benefit from the services offered by Boomstarter You have to register at the registration process through the appropriate web addresses indicated in the present 1 above. You may be required to adopt a password and an indication of name identification (User ID).

2. The user assumes all liability and penalty for any false or incorrect information and data provided. In the event that false data are disclosed, incomplete, incorrect and / or the cancellation date will be made of the User. Any modification of the data required for registration shall be notified promptly Boomstarter that in the absence of that communication will continue to lawfully perform their duties with reference to the data obsolete.

3. You acknowledge that you have natural person under the age of eighteen years (age 18) and still have the legal age to enter into binding contracts.

4. If you register as a user of a legal person, the person making the registration process guarantees on its responsibility to meet the requirements of legal representation for the entity that is legally binding.

5. For easy navigation of the site is not required provided that the registration will be required to register for the use of some aspects of the Service.

6. Boomstarter reserves the right to refuse registration or cancel a registered user and its domain in its sole discretion.

7. By registering you agree to participate in the eventual realization of charts and / or contests concerning the Services offered by Boomstarter (by way of example: the number of leaderboards created or funded projects, by type of project, for projects made etc..).

8. Registered user accepts that the Projects or any other material posted by you, however, may be published on other websites Boomstarter not necessarily owned by Boomstarter (for example not limited to: Facebook, Twitter, etc..) But still only order to report and advertise the projects posted by Users.

 

3. TYPE OF SERVICE

1. The Service provided by Boomstarter consists in providing users of a web space on its web site to web addresses of the present article. 1 above, where it is possible to propose a specific project, in the terms and conditions that may from time to time be specified by the Company, which will be financed by users who believe the same.

2. In particular, the service consists in accessing the web site addresses listed in this article. 1 and the establishment of contacts between users who promote the projects (Starters) and the users who want to finance it (Funders). With the insertion of a fundraising project will start once described his art as well as funding. 7.

3. Users, whether or Funders Starters, acknowledge and agree that Boomstarter assumes an obligation of means and not a performance.

4. The Service may be subject to additional terms and / or conditions placed by Boomstarter which even now are considered an integral part of the GCS.

 

 

4. PROJECTS

1. The project that can promote Starters must not be contrary to law, public order and morality can not be contrary to these GCS or any other conditions governing the Service by the Company included in its website or otherwise unknowable by users, as well should not infringe rights of third parties.

2. Users wishing to promote a project should be sent to Boomstarter, through the appropriate procedure, a description of the project, together with the elements indicated in the procedure itself, the necessary funds for its implementation, the odds of giving, the rewards provided for any corresponding Funders and the time within which the funds will be collected.

3. Once on-line, project is no longer editable.

4. With the promotion of the project, the User declares to be the holder of any rights which may be connected to the promotion of the project and / or the project itself (by way of example but not limited to: photographs, movies, audio / video, trademarks, patents, etc..).

5. Received a description of the project by you, will be free to insert Boomstarter within the platform present in one or more of the web addresses listed in Article. 1. Boomstarter may at any time to delete the project from the platform, as well as non-essential elements may change the presentation of the same (for example, the length of the movie, the size of images, comments, etc. are not relevant.). Boomstarter may also cloud the presentation of the project if it can affect the right of third parties or a community of people.

6. Any right related to the Project belongs to whoever came up with. However, the user expressly authorizes a project that aims to benefit Boomstarter related materials to use, advertise and promote the project without the exclusion of assets and / or channels. In particular, you grant Boomstarter the right to use, reproduce, copy and display the trademarks, service marks, slogans, logos or similar rights of ownership of the designer, only in relation to the Service.

 

5. USER’S RESPONSIBILITY

1. The user is responsible for all activities related to personal use of the Service. You agree to use the Service to the limits and purposes of its own and access them using only your username and password entered following the registration procedure, and also undertakes not to transfer such data to third parties and in any case he only answering the custody of themselves.

2. The user assumes all liability and any direct or indirect result of injury arising from any third party rights (by way of example and not limitation, copyright or other proprietary rights, rights to privacy of individuals, etc..) Even Following the inclusion in the Project caused by or in the presentation of the same text, comments, photos, videos and / or any other material fact, however, reach Boomstarter.

3. You agree not to include in the project or presentation of the Project and in any case not to disseminate, publish, download, post, etc.., Through the Service, design, materials or extracts of the material and, more generally, content:

• covered by copyright or other proprietary rights and of which the holder is not himself;

• contrary to morality or public order, that is able to disturb public or private or offend, or damage directly or indirectly to any person or to a specific category of people (for example the inclusion of prohibited content prejudicial to the sensitivity of ethnic or religious groups, etc..)

• untruthful, misleading or artificial or otherwise capable of misleading, confusing or in error;

• constituents of unsolicited advertising or promotional material, spam or other promotional means invasive;

• contrary to the right of privacy of third parties;

• damaging honor, dignity or reputation of third parties;

• still against the law.

4. You agree not to use the Service for purposes that are prohibited or different from GCS or to any other terms and / or conditions relating to the Service. The Service, including any use by you, and inclusion of content and contributions, is expected to be intended solely for your personal, noncommercial use.

5. You shall not interfere or groped to interfere with the proper working of the Service, or any activity on the Service (by way of example but not limited to: measures and / or behavior that may change and / or limit ' access to the Service, or other accounts, computer systems or networks connected to the Service).

6. And 'forbidden to decipher, decompile, disassemble, reverse engineer or otherwise groped to extract the secret codes and / or confidential information, ideas or algorithms of any part of the Service, modify, translate, or create derivative works from any part of the Service.

 

6. USE OF COMMUNICATION SERVICES

1. The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and / or other message or communication facilities designed to enable User to communicate with the public or with a group ( collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, when using a Communication Service, you agree not to:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, distribute or disseminate any name, material or information inappropriate, profane, defamatory, infringing, obscene, indecent or illegal.

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user has the rights thereto or possesses control or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service that specifically allows such messages.

• Conduct or forward surveys, contests, pyramid schemes or chain letters.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, can not be legally distributed in such manner.

• Falsify or delete any author attributions, legal or communications other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

• Violate any applicable laws or regulations.

2. Boomstarter has no obligation to monitor the Communication Services. However, Boomstarter reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Boomstarter reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and / or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

7. FUNDRAISING

1. Boomstarter allows users to raise funds for the realization of the projects on its website. The figure to reach for the realization of the project is determined by the starter of the project along the arc of time deemed necessary to collect it, which, however, will not be less than or exceeding the time limits set by Boomstarter. The magnitude of the sums required to Users can also be divided into brackets by the same set Starters that will correspond to the advantage of Funders, a series of rewards, always and only determined by the promoters of projects.

2. For each project, the progress of the fundraising will be updated in real time. The Project will remain online until the expiry of time specified by the advertiser.

3. The Funders can help by making offers to finance the project through the PayPal payment platform. Boomstarter offers no guarantees about the performance or operation of the platform of Paypal payment.

4. At the end of the preset time all funds collected, minus the percentage due to Boomstarter and skills due to the operator platform operator for payment transactions (for more information on the fees charged by Paypal you can see the link: https www.paypal.com/it/cgi-bin/webscr?cmd=_display-receiving-fees-outside&countries =), the Starter will still be donated.

5. Boomstarter is not responsible for the veracity of projects and about the effective use of funds collected and held in check on the implementation of the projects themselves.

6. The Starters will provide all of the procedures to reward themselves for the benefit of supporters without Boomstarter Funders can interfere with that purpose; Boomstarter is not responsible in case the starters do not provide rewards.

7. In any case Boomstarter will remain completely alien and not subject to any kind of responsibility and obligation with regard to every aspect of tax, accounting and / or tax related and / or otherwise attributable to the management of money received by supporters as offering Starters, and in any cases be traced to the potential development of commercial projects, to the eventual sale of goods, gifts and / or rewards associated with receipt of those funds.

 

8. FEES

1. Access to the Service is completely free is free as well as the inclusion of projects and their permanence on the web site Boomstarter for the time indicated for the collection of funds.

2. Boomstarter retain as compensation for his service a percentage of the funds raised, net of outstanding operator platform operator for payment transactions, up 4% on fundraising projects which have reached the fixed amount, or about 9% projects that, on expiry of the prescribed time, did not reach the quota required.

3. The percentages in the preceding paragraph may be modified upon notice by Boomstarter published on its website. Boomstarter may choose to temporarily change the fees for services for promotional events or new services.

4. You are responsible for paying all fees and applicable taxes, related to the use of the site.

5. In case of cancellation of the User, including by Boomstarter and regardless of any justification, however, be entitled to accrue Boomstarter your percentage and any sum paid is not refundable.

 

9. LIMITATION OF LIABILITY

1. Boomstarter not liable for any direct, indirect or consequential damages suffered by you or third parties caused by the publication of the Project and / or its fundraising and / or to use the Communication Services and / or damages of any kind or any way connected with such situations and to this end, the User hereby indemnify Boomstarter from any form of liability.

2. Boomstarter not be held responsible for the failure of service, caused by faults in telephone lines, electricity, and / or otherwise transfer to other online tools, such as failures, overloads, outages, and not to any cause is not dependent on his behavior.

3. You acknowledge that you have all the permissions and / or any other documentation that makes legitimate the User's activities in relation to which the Service is provided. The user assumes all responsibilities, relieving Boomstarter about the legality of their activities.

4. Boomstarter reserves the right to temporarily suspend the service if this is necessary for the maintenance of the same without the user may claim any damages or compensation as a result of such suspension.

5. Notwithstanding that, as far as possible and will Boomstarter in his power to prevent unauthorized access and / or unauthorized third parties to the site and to user data can affect the proper operation of the service, Boomstarter not liable in the event that access of those third parties (but not limited to hacking) occurs in a fraudulent manner, insidious, in violation of regulations or good practice in information technology or otherwise in a manner that the good faith. Boomstarter not be held responsible either civilly or criminally, or administratively in the event that third parties unrelated to its structure are pursuing computer crime or other conduct capable of affecting the functionality of the service as, but not limited to, cybercrime, all forms of digital theft (including, for example, usernames, passwords, credit card etc..) unauthorized access to computer system or computer, possession and distribution of unauthorized access codes to computer systems or computer and any other form of abusive behavior or illegal.

6. Boomstarter not be held responsible for infringements of third parties which affects the operation of the service provided, including the slow speed or failure of telephone lines and computer networks that traffic telematics.

7. Boomstarter not be responsible for the confidentiality of e-mail, for registration and identification information, disk space, communications, confidential information or trade secrets, or any other content stored on Boomstarter, transmitted over networks accessible from the Site, or otherwise connected with the use of the Service.

8. In addition to the foregoing, and the limits of art. 1229 cc, Boomstarter not be liable if the User is derived damage as a result of:

(A) force majeure;

(B) improper, unlawful or incorrect use of services by the customer or third parties, including the use of unapproved equipment and / or techniques that can create incompatibilities;

(D) malfunction of equipment and terminals used by you;

(E) breach by you of laws, regulations or regulatory requirements;

(F) malfunction or failure of external or internal structures and Boomstarter which it has recourse to the support payment is not due to willful misconduct or gross negligence of Boomstarter.

9. Due to force majeure means an event irresistible, beyond the control of Boomstarter and not attributable to it, which makes it temporarily impossible to execute its obligations or some of them. The following circumstances will, merely by way of example, consider a force majeure: adverse natural events, earthquakes, fires, storms, floods, volcanic eruptions, landslides, cyclones, hurricanes, avalanches, epidemics, general strikes, blocking of transportation, embargoes commercial or industrial, war whether declared or not, explosions, popular uprisings, riots, strikes, terrorist attacks and any other event beyond our reasonable control that prevent permanently or temporarily, the realization of the provisions of this Agreement.

10. Boomstarter can enable connection to other Internet sites or resources and other Web sites may contain links to Boomstarter. You acknowledge that the purpose Boomstarter has no control over such sites and resources and recognizes that Boomstarter has no responsibility for any damage or loss suffered by reason of any such links. The presence of any link on the website does not imply endorsement by Boomstarter or any association with their operators. You acknowledge that Boomstarter has no responsibility for any damage or loss suffered as a result of any connection to these links.

11. The material sent by you will not be returned.

 

10. INDEMNIFICATION

1. The Customer agrees to indemnify and hold harmless fully Boomstarter and its representatives, employees or agents from any liability and therefore civil, administrative and criminal conduct arising from the User or its employees or consultants, use illegal, improper or abnormal services, even if made by any third party authorized by you or not.

2. In the event of a dispute between users or between users and third parties, you expressly relieve Boomstarter, its officers, employees and agents from claims, demands and damages of every kind, known or unknown, suspected or not, disclosed or reserved, arising directly and / or at least indirectly by such disputes.

3. You agree to indemnify and hold harmless Boomstarter entirety and its representatives, employees or agents from any liability and therefore civil, administrative and criminal liability arising from infringement of third party rights and breach of the rules on copyright and competition .

 

11. EXPRESS CANCELLATION CLAUSE

1. Any violation of these provisions in the Articles. 2, 4, 5, 6, 7, 8, 9, 10 or the transfer of the contract without the written consent of Boomstarter, constitutes a serious breach of the User and will be grounds for automatic termination of the contract allowing Boomstarter to suspend the service provided, forfeit of the consideration received as partial compensation for the damage suffered, however, stops the possibility of action against the User Boomstarter for the compensation of additional damages.

 

12. CHANGES OF SERVICES AND VARIATIONS TO GCS.

1. You acknowledge and agree that the Services under this contract are characterized by changing technology, for these reasons Boomstarter reserves the right to change specifications of the Service and to vary the conditions of the offer at any time and without notice, when this is necessary because of technological changes and requirements of supply and / or organization.

2. You acknowledge Boomstarter to the right to change at any time with immediate effect by GCS made aware through their publication on the website or by other means (by way of example by e-mail).

 

13. LAW AND JURISDICTION

1. The law applicable to these GCS and services offered is Italian;

2. Any dispute arising between the User and Boomstarter in contract and / or GCS, will be donated to the exclusive jurisdiction of the Court of Rome.