Tiscali Italia S.p.A., a company incorporated and existing under the laws of Italy, with registered office in Cagliari, Località Sa Illetta, SS 195 Km 2,3, 09122 Cagliari, VAT number and registered number 02508100928, (hereinafter referred to as "Tiscali") offers to you (the "User") some services that include the use of a system for live broadcasting (the "Service") for publishing User's content (the "Content") according with these General Terms and Conditions ("T&C"), as modified by time to time by Tiscali. T&C are binding for all Users including Users who are also contributors of contents according with these T&C.
Tiscali will not be held responsible for any malfunctions, defects, errors, omissions or damages of any kind that the Service may cause to Users or any third party. In order to use the Service, User must firstly agree to these T&C, also by simply using the Service. Tiscali, at its own discretion, shall reserve the right not to accept the subscription, to suspend the Service or to delete User's account or Contents.
Use of the Service
In order to access some features of the Service, User will have to create an account. User must keep his account password secure and confidential and assumes full responsibility for the accuracy of his data. User must keep Tiscali harmless against any claim arising from misuse of his data and account. User must notify Tiscali immediately of any breach of security or unauthorised use of his account that he become aware of.
User agrees that he will be solely responsible (to Tiscali, and to others) for all activity that occurs under his account and agrees not to use the Services to upload any Content that is unlawful, harmful, abusive, defamatory, obscene, or that infringes any right of third parties, including patent, trademark, copyright or other proprietary rights ("Rights") of any party. User agrees to indemnify and hold harmless Tiscali, and its suppliers and partners, from any claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees), based upon or arising out of: (i) any breach or alleged breach by you of your covenants, representations and warranties herein; (ii) the Produced Content, or (iii) this T&C.
The Service account is limited to the GB of free storage for User Content in aggregate across all of your Free channels, as detailed in the commercial offer. Tiscali reserves the right to delete User Content associated with User account automatically if the storage levels exceed the limit of GB of free storage.
It is understood that it is in charge of the User to provide back up of its data and that Tiscali is not in any way responsible for any loss, for any reason and for whatever reason, of the User Contents.
Users acknowledge that Tiscali provide only a technical platform to upload and/or display User Contents and has no obligation to monitor that Contents. Tiscali shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any Content that is available by the Service that violates these T&C. User is solely responsible for all User Content and hereby recognizes that the Tiscali is merely providing the Service. Accordingly, User shall be solely responsible for its Content, and any link present in the Content, and the consequences of posting or publishing it. User hereby affirms, represents, and warrants that User is the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Tiscali and other Service' Users to use and distribute User Content in the manner contemplated in these T&C. User hereby confirm that he comply with all rules of Collecting Society.
User retains all ownership rights in User Content. However, by submitting Content through the Service, User hereby grants Tiscali a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and freely transferable license to display, perform, use, reproduce, distribute, publish, User's Content.
User acknowledges and agrees that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Revenues and Advertising.
User agrees that User's Content may not contain sponsor advertisements or information, other than the ones managed exclusively by Tiscali. User agrees that Tiscali may display advertisements and promotions of all kinds in and with the Service (including the User Content and User page).
User expressly acknowledges and agrees that the Service is provided on an "as is" and "as available" basis. Tiscali makes no warranty or representation that (i) the Service will meet their requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by users through the Service will meet their expectations, and (v) any errors in the software will be corrected.
Limitation of Liability.
Users expressly acknowledge and agree that Tiscali shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of the Service or any other matter relating to the Service.
Tiscali will not be liable to the User, and/or any third parties for damages, losses or costs suffered as a result of suspensions, interruptions and limitations of the Service unless directly attributable to fraud or Tiscali's negligence. User assumes sole responsibility for (a) direct or indirect use of the Service, (b) tampering or interventions on the equipment or software, configuration, or on how to provide the Service to be put in by User or by third parties not authorized by Tiscali and (c) the Content and type of user Contents.
Except as otherwise provided, Tiscali will not be liable for any delays, malfunctions and / or interruptions of service caused by: a) force majeure, including weather events, b) incorrect use of the Services c) problems related to the operation of telecommunications networks or the configuration of hardware devices, or malfunctioning of equipment or devices used by the user; d) delays, omissions or total or partial interruption of the Service dependent on other telecommunications operators. User acknowledges and accepts that Tiscali will not be liable for not providing the service in the absence of the conditions specified in these T&C.
Governing law, dispute.
These T&C shall be construed exclusively in accordance with and be exclusively governed by the laws of Italy. All disputes arising in connection with the Agreement, including disputes concerning the existence and validity thereof, shall be resolved exclusively by the competent courts in Cagliari, Italy.
All notices must be sent by the User to Tiscali Italia Spa - Customer Service Streamera, Sa Illetta SS 195 km 2.300-09123 - Cagliari. The support service will be available online as indicated by Tiscali.
SPECIAL CLAUSES FOR STREAMERA PREMIUM USERS:
In addition to the above general terms, the following special clauses shall apply to Users who subscribe a Streamera Premium Service, according with commercial and technical terms described in the Website. In case of conflict between the general and special clauses, the latter shall prevail.
User agrees to make payments as required by Tiscali according to commercial offer. Tiscali reserves the right to activate or deactivate the Service only after a check on the accuracy, validity and responsiveness of the payment details provided by User. The User undertakes to keep it complete and accurate all the information related to the payment method. The Service does not provide for automatic billing but the invoice will be sent only on request of the User, and only via email.
According to commercial offer, Service fee will have a fixed component in advance (Service Fee), and one or more variable component related to the effective use of Service and to the commercial option.
In the event of failure or partial payment of fees due, Tiscali will charge the User interest on arrears amounting to the legal rate increased by five percentage points and not exceeding the rate determined in accordance with Law 108/96. If the User fails to pay the amount due within 30 days of suspension, Tiscali may terminate the contract pursuant to art. 1456 Italian Civil Code, without further legal remedies, and consequently the deletion of User Contents.
Duration - Renewal - Termination.
The minimum period for subscription is 1 month from the date of activation. At the end of that period, the Service will be automatically renewed from month to month, with the possibility for the User to terminate the contract by the appropriate feature of your account within 24 hours of the end of the term of the contract. In the event of termination, your account will automatically be converted by premium profile to basic profile, with all the relevant restrictions, including those relating to the storage and loss of function. Upon termination of the Service, Tiscali will not be held responsible for any loss of data and content, being in charge of the User the responsibility to back up his data and Content.
In case of conclusion of the contract away from business premises, the User can exercise the right of withdrawal without penalty by giving notice to Tiscali within 10 days from the date of conclusion of the contract by sending a registered letter or by fax, provided that the same is confirmed by registered letter within forty-eight hours later, at the addresses indicated in these T&C. Even in case of withdrawal, User agrees to pay the amount due to Tiscali by the number of days that has actually benefited from the Service.
Limitation of Liability
Subject to the additional limitations set forth above, Tiscali will not be held liable for damages, direct, indirect or consequential damages, including, but not limited to, damage, loss of profit, loss of earnings, loss of data, and will be liable only if it has caused the damage with intent or gross negligence. In any case, the damage cannot be quantified in excess of the amount of six months' Service Fees.