www.abiscuitaccident.com is a User generated content platform managed by ABA of Enrico Citron (ABA), an Italian company based in Treviso, Via Terreni 3, Ponte di Piave (TV), 31047 Italia. Users, that is to say visitors, consumers, clients and anyone who can access www.abiscuitaccident.com (the “Website”) is subject to the terms of use and privacy policy as set out below. ABA does not require that you register in order to view its products or read User comments. Registration is required to use certain interactive features such as posting comments, participating in the blog forums, vote, when you make a purchase or any time you provide information to ABA about yourself. You must be 18 years or older to register on the Website. If you’re younger you can still participate, but the registration must be done on your behalf by a parent or guardian.
For the registration ABA asks you “Personal Information” such as username, password, email address, Month and Year of birth and other personally-identifying information. When you register with ABA and sign in to our services, you are not anonymous to us, in fact our server logs automatically collect “Non-Personal Information”, such as your IP address, your browser type and language, ABA cookie information and the date and time of your visit, which helps us track users’ movements around our site and understand trends.
ABA hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:
- you will not copy or distribute any part of the Website in any tmedium without ABA’s prior written authorization;
- you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics and photos created by and for ABA, interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ABA and subject to copyright and other intellectual property rights under Italian laws. Content on the Website is provided to you as is for your information may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of ABA or as expressly provided herein. ABA reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. Any behaviour of the User shall respect the law and regulations of Italy and of whichever other Country ABA is legally subject to.
The interactive nature of postings on the Website makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments and observations made by ABA users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as “User Submissions”) are not endorsed by ABA, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness or usefulness of such User Submission.
All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual. ABA explicitly disclaims any and all liability in connection with User Submissions. The User is aware that ABA respects the copyrights of connected users but ABA cannot guarantee the same behaviour from other Users or any third parties.
The use of this service is entirely at your risk and you take the full and sole liability of it. You guarantee to ABA to be the exclusive owner of the Contents uploaded by you on the website or to have preemptively got the necessary authorization from the owners of the rights concerning third party works or contents inserted into the Contents uploaded by you on ABA. You are therefore the absolute responsible for any Content uploaded on ABA using your ID and/or your password and anyway, for any behaviour or action set through your identification code. The User commits himself not to publish Contents:
1. Pornographic, obscene, or paedophilian;
2. That cause in any way damage to minors;
3. Blasphemous or offensive to the morals, ethics and to any religious belief;
4. With purposes against public order, that sing praises to violence or racial hate;
5. Illegally detained or bought by the User (pirate software, unauthorized copies, etc.);
6. Advertising or promotional in favour of subjects different from the brand object of the campaign on Shicon to which the Content is uploaded;
7. Tied up to the gambling, competitions, games that ask for a money participation;
8. protected by copyright, whether being audio, text, images or fragments of video without getting the previous authorization from the rights holder;
9. That are damaging to third party, with particular reference to copyrights or other rights of intellectual and industrial property;
10. Thatcontain virus or other softwares that may damage or influence the functionality of the site;
11. Thatpromote or induce to illegal activity;
12. that contain utilizations of images fixed or on the move, of common and/or famous people, or that refer to these without their previous authorization;
13. That contain deceptive or comparative advertising messages as by law in force enacted (l. 49/2005)
14. Thatviolate or induce to violate any law or regulation.
15. It is particularly forbidden the use of the service to cause in any way prejudice to third party or to commit or to encourage any kind of crime.
Protecting children’s privacy is especially important to us. It is our policy to comply with Italian laws. ABA does not operate or provide services directed toward children and does not intentionally collect information from children.
ABA commits himself to assure the continuity of the service, except in case of: act of God or fortuitous event; tampering on the services or on the equipment, carried out by the User or by third party; wrong use of the services by the User; faulty operation of the connection devices used by the User, even when it is due to the non-observance of the laws and rules on safety, prevention, accidents and industrial injuries.
ABA is moreover not responsible towards the User and third party for the direct or indirect damages caused by the mismanagement (suspensions, interruptions, etc.) due to fortuitous event or act of God, except for the ones imputable to malice or gross negligence of ABA. ABA has no obligation to oversee the contents diffused through the service, nor the obligation to actively seek facts or circumstances that point out the presence of illegitimate activity; ABA is therefore exonerated from any responsibility in case of possible controversy on the legality, truthfulness, correctness, quality, originality and paternity of the material put into the website; ABA will remove the contents manifestly non compliant with third parties rights. If ABA becomes acquainted with the illegitimate or prejudicial feature of the Content published online by the User, it will immediately remove the information or it will disable the access to them. ABA, besides, declines every responsibility for possible violation of intellectual rights on Contents by third party, as well as for the possible loss, cancellation or alteration, momentary or definitive, of Contents for any cause.
ABA commits itself to maintain the Web Site without virus, but it doesn’t guarantee that it is immune of them. The User has therefore to adopt suitable safety measures and he has to use an antivirus program to avoid the loading of virus on his own software. In case of hypertext link to third sites, ABA doesn’t have any responsibility for the possible illegitimate content of these, neither some obligation of control them.
The User is forced to release the liability and to hold uninjured ABA as well as the checked and connected subjects and its representatives, its agents, its employees and third party to which Shicon has granted the utilization rights of the inserted material, from all the losses, the damages, the responsibilities, the costs, the burdens and the expenses, including the possible legal expenses that might be suffered or sustained by ABA as a consequence of any publication and/or use of the Contents uploaded by the User on ABA, and/or of any default from the User of the obligations and warranties written in this contract and however connected to the use of the service, also in case of compensation for damages claimed by third party.
ABA has the right to remove, without notice, the account of the User and any Content produced and published by him that violates the conditions of this contract.
If the User doesn’t use the service ABA for over 4 months in succession, ABA has the right to disable his access to the site.
ABA has the right to modify these conditions in every moment and without notice. In using the service, the User has to completely accept the new conditions.
According to article 1456 of the Italian Codice Civile (Civil Code) this Contract would be terminated with no prior notice in case of any breach of the above terms and conditions. In such case ABA shall not be liable of any indemnification to the User. At the same time the User shall be liable for losses, damages and other indemnifications to ABA, arising as a consequence of the breach.
If any competent Authority states the nullity, the invalidity or the voidness, completely or partially, of a disposition, the rest of this contract will not change.
These contract shall be governed by the Laws of Italy. The Courts of law at Treviso shall have exclusive jurisdiction over any disputes arising under these terms. The use of Website/services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. For any question, problem or violation about Privacy Policy and Terms of Use please contact support@abiscuitaccident.com
Updates to Terms of Use Terms of Use updated Sept, 2009.
According to article 1341 of the Italian Codice Civile (Civil Code) the User has read and accepts the terms contained in: 1 (Website access) 2 (Intellectual property rights): 3 User submissions); 4 (Warranties and liability of the User); 5 (ABA commitment to children’s privacy); 6 (Warranties and liability of ABA); 7 (Virus and connections to third sites); 8 (Indemnification); 9 (Suspension of the service ); 10 (Removal of the account for inactivity); 11 (Changes of terms and conditions of use); 12 (….); 13 (Contract conservation); 14 (Italian law).
