ISMYDEA TERMS OF SERVICE OF 2021-01-04
The general conditions and terms of sale and service listed below ("Terms of Service") govern the performance by isMyDea ("isMyDea", "we" and "our") of the services indicated in these Terms of Service to the user. ("User / s"), as well as the access and use of the isMyDea website by the User.
We invite all Users to read the following Terms of Service, read them carefully and understand them before purchasing a service on the isMyDea website. If the User does not accept these Terms of Service, in fact, he will not be able to purchase services on the isMyDea website.
We ask the User to print and keep a copy of this document for future reference.
The following Terms of Service, where accepted, in fact, constitute the agreement ("Agreement") between the User and isMyDea. This Agreement applies both (a) to the functionalities offered by the isMyDea website [ www.ismydea.it ] and to any associated website or related mobile application of isMyDea used by the User (collectively the "Site"), and (b ) the purchase of each service offered by isMyDea to the User (the "Service / s").
The User accepts this Agreement by registering on the isMyDea Site.
1. DEFINITIONS
• Site: isMyDea website [ ismydea.it ] and any associated website or related mobile application of isMyDea;
• Service (s): any service that the User can purchase through the Site, as identified in detail in the following Clause 4;
• Clause (s): one of the articles referred to in these Terms of Service;
• User / s: user of the services offered by isMyDea;
• Content (s): the files, text or images, of which the User has the right or authority, that he wants to register
• Terms of Service: these general conditions and terms of sale and service that govern access to and use of the Site;
• Agreement: the agreement on these Terms of Service, which is perfected from the moment the User registers the isMyDea Account;
• Certification: the affixing of a time stamp, which the user activates on the content
• Certificate: is the time stamp affixed by ismydea to the content;
• Data Protection Regulation: indicates the General Data Protection Regulation ("Regulation (EU) 2016/679 of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data and repealing Directive 95/46 / EC "- the" GDPR "), and all applicable laws and regulations regarding the protection of personal data.
2. ISMYDEA CONTACTS
The provider of the Services and owner of the isMyDea Site is the company isMyDea srl, with registered office in Via Venezuela, 4, 20151 Milan (MI), VAT number IT 09496610966.
All User communications to isMyDea must be sent to the email address: info@ismydea.it
3. ISMYDEA ACCOUNT - ACTIVATION AND CANCELLATION
3.1. Registration of the isMyDea Account
To use one of the Services, it is necessary, first of all, to access the Site, fill in the "Registration" form, inserting an e-mail and a username, as well as choosing a password. The User must also accept these Terms of Service, by clicking on the appropriate box entitled: "I have read and accepted the terms of service of isMyDea and then on the box dedicated to the acceptance of the so-called" vexatious "clauses for the purposes and for the effects of the art. 1341 of the Civil Code.
3.2. User declarations for account registration on isMyDea
1. For the purpose of registering the Account on isMyDea, the User declares, under his own responsibility:
2. to be over 18 years old;
3. that the personal and identification data provided to isMyDea correspond to the truth;
4. that the personal and identification data provided to isMyDea guarantee prompt communication by isMyDea to the User himself in case of need;
5. that by using one of the Services is not infringing in any way the intellectual property rights of others;
6. to be the author / owner of the Content / or, if acting for a third party, to have legitimate authorization to use such Content for Certification through isMyDea; is
7. that by using one of the Services is not infringing in any way the laws currently in force, as well
8. to be a natural person, acting for non-professional purposes and who, therefore, purchases one or more Services as a consumer ("Consumer User"); or alternatively
9. to be a natural or legal person who acts for professional purposes and who purchases one or more Services as part of his professional activity ("Business User").
When the User has completed the registration process, isMyDea will activate the isMyDea Account and the User will have full access to the Site's features as made available from time to time.
3.3. Suspension / termination and cancellation of the account on isMyDea
isMyDea may suspend or terminate the User's access to one or all of the Services, and / or deactivate or cancel the Account:
· Against an order from a competent judicial authority;
The User, despite having purchased one of the subscription Services, does not promptly make the payments due;
IsMyDea reasonably suspects that the User uses their isMyDea Account to carry out illegal activities and / or the activities expressly prohibited indicated in the following Clause 3.4
3.4. Prohibited Activities
The User must not carry out the following activities:
a) Participate in a transaction involving the proceeds of any illegal activity
b) Defraud or attempt to defraud isMyDea or other users of isMyDea;
c) Collect or otherwise extrapolate information from the Site relating to other users, including but not limited to e-mail addresses;
d) Infringing isMyDea's copyright, patent, trademark or intellectual property rights;
e) Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the rights of third parties (such as, by way of example but not limited to, intellectual property rights and related to the legitimate processing of data);
f) Provide false, inaccurate or misleading information;
g) Taking actions that impose an unreasonable or disproportionate load on our infrastructure, or negatively interfere with, intercept or expropriate any system, data or information;
h) Interfere with the access or use of any of the Services by another person or entity;
i) Attempt to obtain unauthorized access to the Site, to other accounts on isMyDea, to computer systems or networks connected to the Site, through password mining or any other means; or
j) Violate or assist other parties in violation of laws, rules, regulations or any other mandatory rule;
k) Publish, distribute or disclose any illegal material or information;
a) Use the information of others on the isMyDea account to access or use the Site or other Services.
b) Transmit or upload any material on the Site that contains viruses, Trojan horses, worms or other harmful or deleterious programs;
c) Involving other users of the Site in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
We specify that the aforementioned list is only an example and not exhaustive of the prohibited activities.
4. THE SERVICES OFFERED BY isMyDea
isMyDea offers Users the following Services:
· Registration of 1 work for 1 year with a maximum space of 10 Mb for 1 euro
Minimum order 12 euros
the buyer will be able to take advantage of what has been purchased without expiry dates
The buyer may not transfer the purchased items to third parties in any form
the quantities may be used by the User when he deems it appropriate, the User cannot request any reimbursement for the non-use of these or any other sum for any reason for such non-use.
When the single quantity is used it will be subtracted from the remaining availability and can no longer be re-credited.
For the annual quantities upon expiry of their coverage, they will render the registered object no longer active and isMyDea has the right to cancel and / or eliminate it from its archives, without any prior notice and / or other communication, isMyDea will no longer have any responsibility regarding the conservation of the Contents stored therein.
The purchase by the user for the registration of the contents is limited to the sole registration and maintenance of this for the defined time.
Registering content on IsMyDea is NOT the same as filing a patent application. IsMyDea does NOT provide certificates of authenticity or ownership of what is deposited in its registers. IsMyDea only certifies that you have entered content in its registers at a certain date and time. The user who asks isMyDea to publish contents guarantees that they do not infringe on the rights of third parties or mandatory rules. Otherwise, he will be called to answer for all the consequences that may derive from his conduct. Patentable inventions can be registered, but must be made public after the relative patent application has been filed.
The user can independently and freely decide to make his registration public, if this happens, IsMyDea will have the right, at its sole discretion, to make visible to third parties what the user has registered and decided to make public.
5. HOW TO PURCHASE A SERVICE
Having identified the Service that best suits their needs, to proceed with the purchase, the User, already in possession of their isMyDea Account, in the "Prices" section of the Site must click on the button relating to the chosen service, enter the required data in the appropriate form, click on the button confirming the willingness to proceed with the payment to finalize the purchase of the desired Service.
isMyDea reserves the right to change the price of its Services at any time. It is understood that any changes will in no case affect Orders already concluded before the change.
6. PAYMENT OF THE CHOSEN SERVICE
Payment takes place online through the forms of payment provided. It is specified that the prices of the Services are indicated inclusive of VAT.
6.1. Billing
Following the completion of the payment, the user must, if not already entered in his registration, promptly communicate his tax and billing data, allowing isMyDea to prepare the relative invoice which he will then forward in the manner provided.
7. USE OF THE SERVICE
Following the completion of the purchase process and the positive outcome of the payment, the user will be able to use the chosen service.
7.1. Failure to accept the Order
isMyDea will have the right to refuse the Order, in the event that:
1. isMyDea does not receive the authorization to charge the cost for the order;
1. if isMyDea has ascertained that the User does not meet the eligibility criteria set out in the previous Clause 3.2;
2. when at the time of purchase of the isMyDea Service an obviously incorrect price is indicated and recognizable as such.
If one of the aforementioned hypotheses occurs, isMyDea will proceed with the blocking of the service to issue the relative credit note if an invoice has been issued and if there has been payment, it will re-credit the amount paid.
8. USE OF THE PURCHASED QUANTITIES
Upon successful completion of the purchase and payment, the User can proceed to use the quantities purchased.
8.1. Illegal and / or defective files
It should be noted that if the Contents provided by the User are illegal and / or defective and / or contain viruses or other threats that could damage the system, isMyDea will exercise its right, at its sole discretion, not to proceed with the Registration, refusing and deleting the files without any warning to the user. user is held and is responsible both civilly and criminally, for what he attempted to register or has recorded on the ismydea site. No re-credit will be granted to the user for failure to register.
9. RIGHT OF WITHDRAWAL FOR CONSUMER USERS
9.1. The right of withdrawal
If the User is a Consumer User, as defined in the previous Clause 3.2. Letter g), you can withdraw from any Order, previously purchased, if you have not used the service, without indicating the reasons, within 14 days.
The withdrawal period expires after 14 days from the day of completion of the Order, being aware that by accepting this Agreement you expressly request that the service covered by your Order, begin during the withdrawal period, pursuant to art. 51, paragraph 8 of the Consumer Code.
9.2. How to exercise the right of withdrawal
To exercise the right of withdrawal, the Consumer User is required to inform isMyDea srl of his decision to withdraw from the Order by means of a declaration, using either:
1. the TYPE OF WITHDRAWAL FORM referred to in Annex I, part B of the Consumer Code sent to isMyDea at the email address info@ismydea.it ;
1. another explicit declaration of your request to isMyDea at the email address info@ismydea.it ;
2. the WITHDRAWAL FORM available here: https://ismydea.it/area-riservata-documenti/ in the reserved area of the Consumer User.
9.3. Effects of withdrawal
Following the exercise by the Consumer User of the Right of withdrawal, isMyDea will reimburse the Consumer User, pursuant to art. 57, paragraph 3 of the Consumer Code, the amount of the amount paid deducted from what was provided until the moment in which the Consumer User sent the request for withdrawal to isMyDea.
10. USER LIABILITY
10.1. For Contents in violation of the law or subject to confidentiality obligations
By uploading Content on isMyDea, the User assumes full responsibility to be the author / owner of the Content / or, if acting for a third party, to have legitimate authorization to use such Content for Certification through isMyDea.
the User is aware that, if he decides to upload "unencrypted" Content, the Contents will thus be made visible to the staff of isMyDea as well as to anyone who enters the premises or systems of isMyDea, if the same isMyDea suffers a violation of the safety.
The User also assumes the responsibility that isMyDea may suspend the Account and / or report the User to the competent authorities following the loading of the Contents according to the standard procedure, if he suspects, including through the use of algorithms. computer security or random checks, that such files are illegal or violate the law or are in serious contrast with the letter and the spirit of this Agreement or with the company policy of isMyDea.
Furthermore, if the User registers the Content of a third party without prior authorization, or contents subject to confidentiality obligations of any nature between the User and third parties, isMyDea expressly disclaims any liability related to such registration, which will remain the sole responsibility of the User.
in any case isMyDea reserves the right at any time to monitor, examine, store and / or disclose any information necessary for IT security reasons or to satisfy any applicable law, regulation, legal process or governmental request.
11. THE SITE - LICENSE
isMyDea srl is the owner of all intellectual property rights relating to and / or relating to the Site. It grants the User a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Site, its content, the materials, information and functionalities available connected to it, exclusively for what is strictly necessary for the purpose of registering the User Content.
Any other use of the Site or its Content is expressly prohibited. All other rights on the Site or its Content are reserved to isMyDea and its licensors. IsMyDea reserves all rights in the Site and its Content and the User accepts that this Agreement does not grant him any right or license in the Site or its content, except for this limited and express license.
The User may not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, embed in another website or in any other way exploit any content or any other part of the Site or any derivative work of isMyDea, in whole or in part for commercial or non-commercial purposes.
Without limiting the foregoing, you will not use the Site or its content (or any part thereof) as part of any other website or any other creative work without our prior written permission. If you breach any part of this Agreement, your license to access and use the Services may be terminated in accordance with this Agreement. In addition, we reserve the right to exercise all remedies available by law and on an equitable basis for such violations.
All trademarks relating to the Services or displayed on the Site are trademarks of isMyDea or its licensors. Therefore, it is not possible to copy, imitate or use them without the prior written consent of isMyDea.
12. THE SITE EXPERIENCE
12.1. Site accuracy
While we intend to provide accurate and timely information on the Site, the Site (including, without limitation, its content) may not always be completely accurate, complete or current and may also include technical inaccuracies or typographical errors.
In an effort to continue to provide the User with information that is as complete and accurate as possible, the information may be changed or updated from time to time without notice, including, without limitation, information relating to our policies and services.
Consequently, the User should verify all information before relying on it and all decisions that are based on the information contained in the Site are the sole responsibility of the User and we will have no responsibility for such decisions.
12.2. Third Party Materials
From time to time, the Site may contain references or links to third party materials (including, without limitation, links to websites) not controlled by us. We provide such information and links for your convenience. Such links should not be regarded as official endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, endorsement, affiliation, monitoring, control or sponsorship of such third party materials.
You acknowledge and agree that we are not responsible for any aspect of the information or content contained in third party materials or on third party sites accessible or linked to the Site, including, without limitation, content, property, goods or services available on such sites.
Therefore, the User expressly acknowledges that any third party materials will be used under his sole responsibility.
Before engaging in business transactions with or through such third party materials, we recommend that you check their terms of service.
12.3. Computer viruses
We accept no liability for any damage or disruption caused by viruses, spyware, scareware, Trojans, worms, or other malware that may affect your computer or other equipment, or phishing, spoofing, or other attacks.
We recommend regular use of virus screening software and reliable anti-virus software
13. OUR RELATIONSHIP WITH THE USER
13.1. Relations between the Parties
isMyDea is, for all purposes, an independent contractor. Nothing in this Agreement shall be considered, nor shall it imply, that the User and isMyDea are treated as partners, joint ventures, or otherwise as connected parties for profit, nor is the User or isMyDea the agent of either. 'other
13.2. Service Providers
From time to time, isMyDea may engage third parties to assist in providing certain aspects of the Services (each, a "Service Provider").
13.3. Privacy
Protecting privacy is very important to isMyDea.
Our Privacy Policy, which is available at ISMYDEA - PRIVACY , explains how we collect and use the User's personal data, as well as the purposes of such processing.
13.4. Password security and contact information retention
You are responsible for maintaining adequate security and control of any ID, password, hint, personal identification number (PIN), API key or any other code used to access the Services. Any loss or compromise of the aforementioned information and / or the User's personal information could lead to unauthorized access to the User's isMyDea account by third parties.
We assume no responsibility for any losses you may suffer as a result of the compromise of your sensitive information or failure to comply with or take action on any notifications or warnings that we may send you.
In the event that the User deems that the information in their isMyDea account has been compromised, please contact isMyDea immediately at urgente@ismydea.it
13.5. Consent to electronic registration
By using the Services, the User accepts that isMyDea may provide him with notices or other communications relating to his isMyDea Account and the Services in electronic form: (a) via e-mail (in each case to an address provided by the User) or (b ) through publication on the Site.
For communications made by e-mail, the date of receipt will be considered the date on which such notice was sent. If the User does not wish to receive notices or other communications electronically, we will not be able to support his isMyDea account and this will be canceled.
13.6. Communications to isMyDea
The User can access the data concerning him or her in his personal area on the Site or by sending a formal request by e-mail to the following address: info@ismydea.it. The same email address can be used by the User to send any communication or request for information to isMyDea.
For the purposes of the communications required by law and referred to in this Agreement, the User declares to be aware that this Agreement is available to him directly on the Site.
The User therefore declares that through this method isMyDea has satisfied the legal requirements both in relation to the provision of the Terms of Service and in relation to the communication of information.
14. GENERAL PROVISIONS
14.1. Major force
isMyDea cannot be held responsible for delays, failure / delay in execution or interruption of the Service purchased by the user, which derive directly or indirectly from any cause or condition beyond its reasonable control, including but not limited to any delay or failure due to any strike, labor dispute, fire, disruption in telecommunications or Internet services, equipment and / or software failure, other catastrophes or any other event beyond its reasonable control.
The fulfillment of the services by isMyDea pursuant to the Order purchased by the User will be considered suspended for the period in which force majeure events occur. isMyDea will perform any act in its power in order to identify solutions that allow the correct fulfillment of its services despite the persistence of force majeure events.
This does not affect the validity and applicability of the remaining provisions.
It is also specified, in relation to the isMyDea SOCIAL Service, that isMyDea has no relationship with the companies in which the POSTs will be published by free choice of the user, isMyDea therefore assumes no responsibility for any changes or malfunctions of these third party systems. in which the User wishes to publish his certified registrations.
Should such malfunctions and / or changes occur, the fulfillment of all the services borne by isMyDea in execution of the services purchased will therefore no longer be due due to force majeure and isMyDea will reimburse the User the remainder of what was purchased and not used. which the User will no longer be able to use for the future.
14.2. Waiver
Failure to request compliance with any of the provisions of this Agreement will not affect either party's right to require compliance at any subsequent time, nor will the waiver of the exercise of a right arising from a breach of this Agreement constitute a waiver of the exercise of a right deriving from a subsequent violation of the same provision.
15. WARRANTIES
15.1. Guarantees of isMyDea
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR LEGAL. ISMYDEA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES FOR TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-COUNTERFEITING. ISMYDEA DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE SITE, AND NUMEROUS FACTORS OUTSIDE OUR CONTROL COULD INTERFER THE OPERATION OF THE SITE.
16. THE AGREEMENT
This Agreement establishes the understanding between the User and isMyDea regarding the subject of this document and replaces any previous agreement or understanding of any kind (including, without limitation, any previous versions of this Agreement) and of any nature between the User and isMyDea
16.1. Invalidity of the individual clauses
If any provision of this Agreement is deemed invalid or unenforceable under any rule, law or regulation or provision of a competent judicial authority, such provision will be modified or interpreted to achieve the purposes of this provision under applicable laws and validity or enforceability of any other provision of this Agreement will not be affected.
16.2. Change of control
In the event that isMyDea is acquired by or merged with a third party entity, we reserve the right, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale or other change of control.
16.3. Survival
All provisions of this Agreement which, by their nature, extend beyond the expiration or termination of this Agreement, including but not limited to Clauses 3.4., 4.2. lett. c), 11.2., 12., 13.1., 15.1., 16.1., 16.2., 16.3., 17., and 18., survive the termination or expiration of this Agreement.
16.4. Transfer
The User may not assign or transfer this Agreement to a third party or transfer any right granted to the User under this Agreement to a Third Party, without the prior written consent granted by isMyDea.
17. APPLICABLE LAW
This Agreement will be governed by Italian law, except to the extent that Community rules are mandatory.
18. JURISDICTION - DISPUTE RESOLUTION
18.1. Consumer User
If the User is a Consumer User, as defined in the previous Clause 3.2. Lett.h), for any dispute that may arise between isMyDea and the Consumer User in relation to the Agreement or to individual Orders, the exclusive jurisdiction will be that of the User's residence or domicile, indicated in the form of the relevant Order.
18.2. Business User
If the User is a Business User, as defined in Clause 3.2 above. Lett.g), for any dispute that may arise between isMyDea and the Business User in relation to the Agreement or to individual Orders, the only competent court will be that of Milan, indicated in the form of the relative Order.
19. MODIFICATION OF THE TERMS OF SERVICE
isMyDea reserves the right to modify these Terms of Service at any time, giving specific notice on the Site. The User accepts and acknowledges that any changes will apply to Orders sent by Users after the date of communication of modification of the terms of Service. .
The date of the last update of these Terms of Service is available at the beginning of this document.
For any questions or requests, do not hesitate to contact us at info@ismydea.it
Pursuant to and for the purposes of articles. 1341 and following of the civil code, the User carefully reads and declares to expressly accept the following Clauses: 3.2., 3.3., 3.4., 4, 6.1., 7.1. lett 2), 8.1., 9.1., 11., 12.1., 12.2., 12.3., 14.1., 15.1., 16.2., 16.3., 16.4., 18.2.