Welcome to docsity.com (hereinafter the "Website" or also Docsity), the digital platform for sharing documents and contents dedicated to students and professionals, that allows to share files and notes, to download the more interesting documents, to download upon payment files on digital form -that have been uploaded by other Users (as hereinafter defined) within the relevant categories on the Website-, and to benefit of more services which shall be provided on the Website by Ladybird S.r.l., with registered office in Via Leonardo da Vinci, n. 16, 10126 - Torino (TO), VAT n. 10816460017, share capital € 20.000,00 (hereinafter also referred to as "Ladybird").
This General Terms and Conditions, along with the additional special terms and conditions provided by Ladybird and recalled at the moment of registration during the access procedure to single contents or Services (as hereinafter defined) (the above hereinafter also referred to as the "TOS"), govern the access, the navigation and the use of the Website, which is accessible also through third level domains, other than the provision and the fruition of the several contents and Services therein available, and shall apply to all guests and/or users, either they are registered or not (hereinafter also referred to as the "Users").
By navigating on the Website and using the contents and the Services therein available, Users state and declare to have read, understood and accepted the TOS, with reference to which acknowledge to be bound and to which they shall comply.
Users, then, are invited to read carefully and integrally the TOS before the use of the Website and its functions, and shouldn't agree with any of the clauses herein established, shall be recommended to abandon the navigation of the Website.
With reference to any and all request, assistance or claim, Users may contact Ladybird by sending an email to the following address: [email protected].
1. REGISTRATION ON THE WEBSITE - ACCOUNT
1.2. The registration for the User shall be unique with reference to any and all services provided by Ladybird.
1.3. The registration on the Website shall only be allowed to people over eighteen years. The registration is also allowed to people under eighteen years but over fourteen years, duly authorized from their parents or from their authorized legal representatives. With reference to corporations, companies and association (juridical persons), the registration shall be made by the authorized legal representative, or by the duly appointed person with the necessary powers. Registration shall not be allowed to Users that have been previously suspended or removed by the Website. By registration, User shall confirm to possess the above said necessary requirements.
1.4. Users represent and warrant the accuracy, completeness and truthfulness of the information and data provided to Ladybird at the moment of the registration, as well as of any and all information and data that shall provide during the use of the Website, the contents, and the Services therein available, herein included any and all data provided at the access to Services. Ladybird shall have the right, at its own discretion, to not accept Users' registration, or to interrupt or suspend - even permanently - the access to the Website and/or the use of the Services, should any Users' information result to be, in whole or in part, false, incomplete or inaccurate. Users undertake to constantly update the account information, by promptly communicating to Ladybird any and all variation through the account, by email or other written communication.
1.5. At the moment of the registration, Users shall provide a username/email following to which Ladybird shall communicate, to such an email, the password necessary to access to the Website. The username and password shall be strictly private and personal, and Users undertake to save them with the utmost care and to keep them secret and confidential, and not to communicate or assign them to any third party. By using username/email and password, Users shall have access to any of the Website' sections, and to Services therein available, the use of which shall be from time to time enabled. Users shall be the exclusive responsible for the maintenance of the secrecy and confidentiality of the username/email and password, as well as of limitation of access from their personal computer. Users, therefore, accept to assume any responsibility arising from the use of its username/email and password, and undertake to indemnify and hold Ladybird harmless, along with its employees, shareholders, managers, consultants, etc., from any request should be claimed by third parties arising from and/or relating to the use of the Website through User's username/email and password (should such a use be unauthorized), as well as from any and all damages, costs, burden and expense that Ladybird, its employees, shareholders, managers and consultants, should suffer.
1.6. Ladybird shall allow the use of a nickname as identification for the access to the Website and for the use and the fruition of the contents and Services therein available, in order to hide the identity of the User to other Users; in any case, the real identity of the Users shall be used or communicated by Ladybird in order to assess and pursue crimes and offenses and/or in case of violations or breaches committed by Users, and/or claims against them.
1.7. Users shall promptly communicate to Ladybird any and all events upon which the username/email and password are not secure (e.g. loss, misappropriation or illegal or unauthorized activities, or because of use of third parties of their username/email or password).
2. USE OF THE WEBSITE AND SERVICES PROVIDED BY THE WEBSITE
2.1. The access to the Website allows Users to enjoy Basic Services, Premium Services (upon Standard Subscription), Marketplace Services, Tutoring Services and All Inclusive Services (as hereinafter defined), as well as other services that shall be from time to time provided and/or made available by Ladybird through the Website (hereinafter referred to as the "Services"); all of the above pursuant to the TOS and other provisions and/or operative instructions provided on the relevant sections on the Website.
Ladybird shall only provide programs, technological assets and digital platforms for the access and the use of the Website, being understood that Ladybird shall be indemnified and hold harmless by the Users from any other responsibilities, as indicated on the following art. 10 of the TOS.
2.2. Basic Services (free)
(a) Nature of the service: Ladybird shall provide to Users the programs and the technological assets, from time to time made available on the Website, suitable in order to allow Users to upload, download, share and exchange for free, directly with each other, information, texts, digital material in general with didactical and/or informative content, with particular reference to academic or pre-academic interest (hereinafter also referred to as "Digital Contents"), all of the above pursuant to modality and operations from time to time indicated on the Website (hereinafter referred to as "Basic Services").
(b) Modality of activation and operation: the activation of the Basic Services shall be provided to Users that have completed the relevant registration. The Digital Contents shall be downloaded for free by using, where indicated, the virtual points acquired through the Website pursuant to the mechanism hereafter described at section "Points Management" ( http://www.docsity.com/en/pag/points-management/), or by sharing contents or know-how.
(c) Fees: Basic Services are provided and available to Users for free.
2.3. Premium Services (paid Standard Subscription)
(a) Nature of the service: Users may obtain a subscription (Standard Subscription) that shall allow Users, for the entire period of validity of such a Subscription, to enjoy of virtual points that can be used on the Website in order to benefit, among others, of more technic functions provided by Ladybird through the Website (such as lack of advertising, multiple files download and others), all of the above pursuant to the specific section "Premium Services" on the Website (hereinafter referred to as "Premium Services").
(b) Modality of activation and operation: Premium Services shall be granted to Users that have completed the relevant registration and have purchased the relevant Standard Subscription.
(c) Fee: Premium Service are granted and available to Users upon payment of the relevant subscription fee, as indicated on the specific section "Premium Services" on the website. The amount of the fee shall vary depending on the term and type of Standard Subscription Users select. Users shall pay the relevant fee by using either credit card or PayPal.
Failure to use, in whole or in part, the Premium Services during the validity of the Standard Subscription, Users shall not have any right to obtain a reimbursement, in whole or in part, of the fee paid.
(d) Term and renewal: Premium Services are available depending on the formula of Standard Subscription selected (top annual, basic annual, monthly), or "Daypass" formula lasting 24/48 hours, being understood that such a formula may be purchased only jointly to a yearly or monthly Subscription.
The Standard Subscription to Premium Services is subject to automatic renewal for equal periods of the initial term. At every renewal Ladybird shall charge immediately to Users the relevant applicable fee. Users may, at any time, manage and avoid such an automatic renewal, without suffering any penalty or burdens, by accessing to http://www.docsity.com/account/purchases-premium, or should such a payment be made through PayPal, Users shall remove the option "automatic renewal" available within the section "Subscription and automatic renewal" on its own PayPal account. Users shall also be allowed to withdraw from the Standard Subscription -automatically renewed- without any burdens, and with a right to obtain a reimbursement should i) such a withdraw be exercised within and not later than 24 hours from the renewal, and shouldn't i) the Standard Subscription be used in any manner.
Ladybird, in pursuing its operative and business purposes, shall have the right to increase the fee which shall apply to the new Standard Subscription to Premium Services or to any Standard Subscription renewal, upon previous communication to Users, also by means of publishing such a notice on the Website. Shouldn't Users accept the new fee shall be allowed to remove the option of "automatic renewal" on the specific section "Subscription and renewal" on its PayPal account, in order to avoid the renewal of the Standard Subscription. In case of failure to notify such a notice, then new fee shall apply to Users, being considered accepted without any reserve. It remains understood that the above said right of withdrawal, to be exercised within the time and with the modality herein above described, shall not be affected.
(e) Upgrade: Users who have chosen a specific Standard Subscription to Premium Services may proceed with an upgrade, by selecting a Standard Subscription with lasting term or more functions to be applied on their current subscription; the upgrade may be exercised at any moment by following the appropriate procedure described on specific section on the Website; the new Standard Subscription selected shall apply as of the expiration of the foregoing subscription.
(f) Website malfunction: without prejudice for what provided on art. 10 of this TOS, in any case of malfunction of the Website, as certified by the Website administrator -to their sole and unchangeable discretion-, and uniquely with reference to malfunctions lasting more than 60 minutes, Users that possess a Standard Subscription to Premium Services shall prolong the term of such a subscription for a period equal to the one of the malfunction, by contacting Ladybird staff at http://www.docsity.com/en/contact. Notwithstanding the above, it is excluded any kind of reimbursement -in whole or in part- of the fee paid by Users for the Standard Subscription to Premium Services, nor the restitution of the virtual points accrued and used.
2.4. Marketplace Services (upon payment)
(a) Nature of the service: Ladybird allows Users to use the programs and the technological assets, from time to time available on the website, necessary in order to download, upon payment, directly among each others, one or more Digital Contents uploaded by means by other Users, all of the above in compliance with the description provided on the Website on its specific section "Store" at http://www.docsity.com/en/store (hereinafter "Marketplace Services").
(b) Modality of activation and operation: the activation of the Marketplace Services shall be provided in favour of those Users that have completed the relevant registration. The necessary modality and procedure in order to proceed with the upload, the offer and the download - upon previous payment - of the Digital Contents are better described on the specific section "Store" on the Website http://www.docsity.com/en/store. In order to purchase the Digital Contents, it is necessary to possess a credit card or a PayPal account. In order to withdraw money following to the sale of Digital Contents, as well as receive any possible reimbursement [ http://www.docsity.com/account/orders] following to the purchase, it is necessary to possess a PayPal account. At the moment of the purchase of Digital Contents, Users purchasing may ask to the selling Users a receipt or invoice. Such a documentation shall be required before the purchase.
(c) Pre-paid Credits: Users may also purchase the Digital Contents on the Website' Store by using pre-paid credits purchasable on the same Website, up to their termination. Such credits consist in "virtual money" through which Users are allowed to buy the Digital Contents, other than Tutoring Contents, provided by the Website. Through the purchase of such Credits Users shall benefit of discounts. The above said Credits shall be used within 12 months from the purchase. Failure to use the credits within 12 months, Users shall not have any right of reimbursement, in whole or in part.
(d) Fee: in order to use the Marketplace Service, Ladybird shall debit, with reference to any and all Digital Contents downloaded upon payment through the Website, a variable fee of the 30% to the Selling User, all of the above as better specified on the specific section "Store" on the Website. Such fees shall constitute Ladybird fee with reference to his digital services of making programs, technological assets and platform, available from time to time on the Website, in order to allow Users to download upon payment, among each other, the Digital Contents which have been uploaded on the Website by other Users. Therefore, such fees represent the fee pertaining to Ladybird relating to the purchase of Digital Contents. The fees, which include the VAT, are considered net from any other amount charged by PayPal for the relevant service provided. Ladybird may grant discounts for some categories of Users and/or should specific events occur, as from time to time indicated on the "Store" section. Ladybird shall maintain the right to modify any time such fees by publishing such notice on the Website; the new fees shall apply as of the date of publication on the Website, and -therefore- shall not apply with reference to paid downloads which have been already executed by and between Users.
(e) Collection Mandate: Users that upload on the Website the Digital Content, in order to allow other Users to purchase it, confer to Ladybird express mandate to collect, in the name and on behalf of the User selling the Digital Content, the compensation related to the download of the Digital Content, authorizing Ladybird to withhold form such a compensation the fee due for the use of the Marketplace Service, along with the fee for the collection service. The mandate implies, other than the fee provided to Ladybird with reference to the Marketplace Services as per art. 2.4. (d), the fee for the provision of such mandate as per the following paragraph (f). Ladybird has no obligation to send reports or memos to the Users.
(f) Payment of compensations: Ladybird, upon proper verifications, and upon express request sent by the Users through the Website' specific section http://www.docsity.com/account/transactions, shall pay to the Users, their accrued compensation, less the fees accrued by Ladybird for its services pursuant to art. 2.4. (d) (which shall be automatically accrued in favour of Ladybird at the moment of the purchase of the Digital Content), and less the relevant PayPal commissions. The payment to the Users shall be performed within 15 days from the acceptance of the payment request.
If Users' accrued compensation - net of the fees to be provided to Ladybird as per art. 2.4. (d) --amounts, at the time of payment, to more than € 20.00 (euro twenty//00), from such a compensation shall be deducted only the amount of PayPal commissions. However, should the accrued compensation above be less than € 20.00 (euro twenty//00), from such a compensation shall be deducted -- further to the amount of PayPal commissions - a fee payable to Ladybird, equal to the 10% of the transaction value, in order to cover the Marketplace Services provided by Ladybird along with its mandate services, and in order to cover the relevant expenses.
After a period of 12 months without receiving any request of payment from Users sellers, Ladybird shall anyhow pay - to the PayPal account communicated by the Users sellers at the time of registration - the compensation accrued, less the fees due to Ladybird, and less the PayPal fees.
(g) Malfunction of the Website: should - due to malfunctions of Ladybird digital platform- the Digital Content (purchased "as it is, seen and liked"), after the download, be unreadable and/or corrupted or different from what shown in the preview, Users shall notify to Ladybird - within 1 (one) day from the download of the Digital Content - such an event in writing to the email address [email protected]. Following to such prompt notification, Ladybird -- upon due verifications -- and if the relevant damage has not been repaired within 5 (five) days from the request of the User purchaser, shall proceed to reimbursement (in the name and on behalf of the User seller, who as of now accepts such a procedure, and indemnifies and hold Ladybird harmless from any claim and/or request), the compensation paid by User purchaser for the Digital Content, net of PayPal commissions. In order to receive such a reimbursement, User purchaser shall possess a PayPal account. Following to such a reimbursement, User purchaser undertakes -- with the ToS - to be completely satisfied, waiving Ladybird from any other related liability and giving up to any and all actions and/or claims (herein included request of reimbursement) against Ladybird and/or User/seller, being considered the above said reimbursement the sole and exclusive remedy provided in favour to the User/purchaser.
(h) Contractual relationship between Users - termination of the sale/purchase agreement: the sale/purchase agreement with reference to the Digital Contents is undertaken by and between Users, both of which assume any and all rights and obligations, and indemnify and hold Ladybird harmless from any related liability. Therefore, it remains understood that in case of early termination, for whatever reason, of the agreement of sale/purchase of the Digital Content, Users shall not have any right to obtain the reimbursement of the fee already accrued by Ladybird, being understood that such fees do not represent the compensation for the purchase of the Digital Content, however the fee recognized to Ladybird for the Marketplace Services through the Website.
2.5. Tutoring Services (upon payment in favour of Tutors)
(a) Nature of the service: Ladybird shall provide, for free, Users with programs and technological assets, from time to time available on the Website, in order to allow Users to benefit of tutoring services, which shall be provided directly by tutors, upon payment, to Users with lessons "one to one" or with other contents with didactic focus, which shall be better described on the specific section of the Website with reference to each Tutor ("Tutoring Contents"). Such tutoring services shall be provided with the modality and schedule agreed directly by and between Tutor and Users, by accessing and using the functions from time to time available on the specific sections of the Website (access and use of the above said functions by Users hereinafter referred to as "Tutoring Services"). Users that shall manifest the interest on becoming Tutor shall register on the specific section "Tutoring Services" on the Website following the relevant procedure ( [http://www.docsity.com/en/tutoring).
(b) Modality of activation and operation: within the specific section "Tutoring Services" of the Website, shall be available the list of Tutors registered through the Website, whose profiles shall be consulted on the relevant page; moreover, in such a profiles, are listed the expertise areas, schedule (days and hours) of availability, and costs for each lesson or the specific Tutoring Contents provided. Users that wish to take advantage, through the Website, of such Tutoring Contents, may select from time to time, depending on the needs, the Tutor they wish to contact, throughout the functions provided by the Website, with which they shall establish date and time, along with the Tutoring Contents selected. Users shall then proceed to purchase such a Tutoring Content selected, by following the specific procedure indicated on the section "Tutoring Services" of the Website. Tutoring Services shall be provided through the digital platform, and through the Website functions, as from time to time available.
(c) Pre-paid Credits: Users may buy Tutoring Contents by using the pre-paid credits, which are purchasable within the Website (http://www.doscisty.com/en/tutoring/prepaids, up until their availability. Pre-paid credits mean a "virtual currency" through which it is possible to purchase, other than the Tutoring Contents, the Digital Contents within the Store on the Website. The purchase of such a credits shall allow to obtain a discount. Such credits shall be used within and not later than 12 months from the purchase, elapsed which shall no longer be usable, nor Users shall have the right to claim, in whole or in part, for a reimbursement.
(d) Rates: with reference to the use Tutoring Services by Users, Ladybird shall not charge to Users any rates. Ladybird, as a fee for the functions available on the Website, shall exclusively receive a Fee from Tutors with reference to the Tutoring Contents sold to other Users.
(e) Compensation due directly from Users to Tutors - terms of payment: in order to purchase the Tutoring Contents, Users shall pay to Tutor the relevant compensation from time to time indicated on the Website at the moment of the reservation. The payment shall be provided with PayPal or credit card within the Terms and conditions indicated from time to time at the moment of the purchase; Users shall possess a PayPal account, or a credit card or a Poste Pay account (only with reference to Italian Users). Users may request Tutor the provision of a receipt and/or an invoice, by contacting directly the Tutor.
(f) Feedback: Users shall have the option to provide Tutor with a Feedback, also relating to Tutoring Contents purchased, through the modality described on the Tutoring Services on the Website.
(i) Users may request, for any reason, cancellation of the Tutoring Content purchased, with a prior notice of at least 24 hours before the hour agreed for benefiting such content. In this case, Ladybird -- upon proper verifications - shall proceed to reimbursement, in name and on behalf of Tutor, the compensation paid by Users to for Tutoring Contents, net of the commissions charged by PayPal. Conversely, should Users request cancellation - for any reasons -- of the Tutoring Content with a prior advise less than 24 hours before the hour agreed for benefiting such content, Users shall not be reimbursed;
(ii) Tutor may cancel for any reasons and at any moment the Tutoring Content. In such a case, the refunding procedure shall be activated, and, therefore, Ladybird -prior to have carried on the necessary verifications- shall provide, in name and on behalf of Tutor, the compensation paid by Users with reference to the relevant Tutoring Services, net of the PayPal commissions. Upon such a reimbursement, any and all Users claims shall be deemed satisfied, so that Users waive from any future claim and/or request (herein included any reimbursement claim) to Ladybird and/or Tutor, taking into consideration that the above indicated refunding procedure constitutes the exclusive remedy for Users.
(h) Contractual relationship between Users and Tutor: the contractual relationship, having as a subject the Tutoring Content, is deemed to be undertaken directly by and between Users and Tutor, which assume any and all rights and obligations, waiving Ladybird from any liability, since it is not part of the above said relationship. Without prejudice for what stated above, Users may report to Ladybird any and all malfunctions with reference to the Tutoring Contents, and/or issues with reference to the Tutors, by sending an email to: [email protected].
2.6. All Inclusive Subscription (upon payment)
(a) Nature of the service: Users shall purchase a Subscription that allow them -for the whole duration of such a subscription- to enjoy (i) the Premium Services with reference to the Standard Subscription, and (ii) a prepaid credit pack that can be used in order to purchase the Digital Contents available on the Store of the Website, and (iii) the Tutoring Content available on the Website (All Inclusive Subscription).
(b) Modality of activation and operation: the All Inclusive Subscription shall be activated by Users that register and have purchased the relevant subscription.
(c) Fee: the All Inclusive Subscription can be used up payment of the relevant Fee, as specified in the specific section of the Website (http://www.docsity.com/en/premium). The amount of the fee shall vary depending on the type of the All Inclusive Subscription chosen. The relevant payment shall be performed either with Credit Card or PayPal.
The non-use, in whole or in part, by the Users of the Premium Services and/or the prepaid credits, for the entire duration of the All Inclusive Subscription chosen, shall not determine any right of reimbursement, or refunding, in whole or in part, of the fee paid.
(d) Term and renewal: the All Inclusive Subscription shall be available for different type and term depending on the Users' choice (annual top, annual basic, monthly).
The All Inclusive Subscription shall be subject to automatic renewal, for the same term chosen at the moment of subscription. Ladybird shall charge automatically to Users the payment of the relevant fee, in force at the moment of renewal. Users shall manage, also in order to avoid the automatic renewal, without penalties or other charges, the subscription and its specification by using the link http://www.docsity.com/account/orders, or should the payment be performed with PayPal, by unchecking the option "automatic renewal" available on the specific section "Subscription and Automatic Renewal" on the PayPal Account. Through the same modalities, Users shall terminate the All Inclusive Subscription automatically renewed, without any penalties or other charges, and obtaining the refunding of the relevant fee paid, should (i) such a termination be exercised within and not later than 24 hours from the automatic renewal, and shouldn't (ii) such All Inclusive Subscription be used.
Due to business and operational needs, Ladybird shall have the right to proceed to an adjustment of the fees which shall apply to new activations, or with reference to the renewal of the current subscriptions, upon notice of such adjustments sent to the Users which may also be performed through publication on the Website. Shouldn't Users accept new fee conditions shall uncheck the option "automatic renewal" from the PayPal Account through the specific section "Subscription and Automatic Renewal", in order to avoid the automatic renewal of All Inclusive Subscription. Failure to provide such an uncheck, the new fee shall apply to Users. It remains understood that Users may continue to exercise the right of termination indicated on the previous paragraph, which shall be exercised within the above said terms and through such conditions.
3. DIGITAL CONTENTS UPLOADED BY USERS AND USE
3.1 By uploading the Digital Contents on the Website, Users allows Ladybird - free of charge - to host on the Website the Digital Contents, for their use, reproduction, file compression or file conversion for their publication, or other use, pursuant to this Terms and Conditions and the functions from time to time available on the Website. Such authorization shall be deemed automatically revoked should the Digital Contents be removed from the Website by Users.
3.2. By uploading the Digital Contents on the Website, Users also allow other Users to visualize, consult and download the Digital Contents, pursuant to this Terms and Conditions and other functions from time to time available on the Website.
3.3 By uploading the Digital Content onto the website, the User hereby grants to Ladybird srl - without prejudice to the authors moral rights which remain with the same User - the non-exclusive and free license, without any limitations on time or territory, to use the Digital Content uploaded and sublicense the aforementioned Digital Content to third parties, whether for a consideration or free of charge. The license granted by the User is subject to the following intellectual property rights:
i. All usage rights and economic exploitation, with full concession/sub-licensing rights - without any limits or constraints of time, space or any other nature and even for consideration – of the digital content and/or parts thereof;
ii. The right to publish the Digital Content - in whole or in part - in printed media and/or multimedia portals (both offline and online, through the so-called "electronic publication rights") and/or on printed editions, also subdividing its publication across different dossiers;
iii. The right to process and/or have the Digital Content produced in paper form and multimedia versions that include but are not limited to: in mute and with sound, in sing and/or speech, in black and white and/or in colour, live and/or with dubbing and with all systems and procedures already known and/or that could be discovered in the future, as well as the right to adapt the Digital Content for any country, with the rights to "first publication" and to create "special", "back-stage" and/or the "making of";
iv. The right to process, record, reproduce, publish and/or distribute the Digital Content in its full text or in its individual constituent elements worldwide, in free transposition, by any means and multimedia support (by way of example, but not limited to: iPad; iPhone; smartphone; tablet PC; etc.);
v. The right to process and reproduce the Digital Content - in whole or in part – worldwide, through pictorial, sculptural, cinematographic techniques and in any form of artistic expression belonging to art techniques;
vi. The rights connected, derived and accessory to the rights indicated above, including among others the right of commercial exploitation (so-called "merchandising") of the characters, scenes and/or any other component of the Digital Content in general, along with the production - by way of example and not exhaustive - of videogames, posters, board games, figurines, books, comics, photos, stuffed animals, toys, articles of clothing, stationery items and - more generally - all merchandising products that can be drawn from the Digital Content;
vii. The right, in relation to the nature of the means of diffusion/communication and without prejudice to the moral rights of the author, to make modifications, conversions, adaptations, additions, reductions, suppressions, variations and any other form of processing, including transcription, translation, dubbing and subtitling, and in regards to the setting, inspiration and imprint of what is constituted on the Digital Content and/or of individual parts and elements of the same;
viii. The right to publish the Digital Content for printed and digital media as well as the right to reduce the Digital Content to literature and theatrical forms
ix. The right to further process and utilize the Digital Content through transposition and in new and/or different context, with reference to the original, in every way, shape or form without limits of time and space;
x. The right to implement, during the course of a televised program and – in any case – the course of any use of the Digital Content or individual parts thereof, advertising and/or sponsorships of products of any kind, given that, in this circumstance,the author has no option to raise objections for any title or cause;
xi. The right to use parts of the Digital Content for any and every form of publicity, advertisement or promotional activity related to the same;
xii. Any and all instrumental and connected rights in any form related to the exercise, to the protection, to the best use of all the rights listed above.
3.4 It is hereby understood that Ladybird will add its distinctive sign or other markings onto the Digital Content in order to protect and to make the original source of the Digital Content from its website recognisable, in addition to a redirecting link to the reference page, so as to better protect the intellectual property of the Digital Content.
3.5 Without prejudice to the moral author's copyrights, which shall remain to the User, following the upload of Digital Content the User is aware that the management of such Digital Content shall be performed exclusively by Ladybird within the limits permitted by these general conditions and by applicable law.
3.7 By uploading the Digital Content on the Website, Users accept any and all relevant risks, and recognize that Ladybird shall not be held responsible with reference to an incorrect use -even though illicit- of such Digital Contents by other Users, and as of now renounce to waive any claim against Ladybird, its employees, shareholders, directors and consultants.
3.8 Users do not acquire any right with reference to the maintenance of the Digital Contents on the Website, and as of now recognize that Ladybird shall have the right to eliminate such a content, even with final cancellation, pursuant to what provided in this TOS.
4. USERS' WARRANTIES AND RESPONSIBILITIES WITH REFERENCE TO CONTENTS UPLOADED
4.1. Users warrants to be the exclusive responsible with reference to any and all information, message, texts, data, photos, video and other material (herein included the Digital Contents) transferred, divulged, shared, or anyhow made available on the Website through its account (hereinafter "Contributions").
4.2. At the moment of the upload on the Website of any Digital Contents, or -more generally-, or the sharing of any Contributions, Users acknowledge and warrant (i) to be the author of such a Digital Content or Contribution, or -anyhow- to be authorized by the proprietor to dispose of such Digital Content or Contribution; (ii) not to be associated to SIAE, or any other private or public company with reference to the protection -for and on behalf of authors or editors- of data and contents, nor to have appointed any of such companies, and that such Digital Contents or Contributions -in any of its part- is not protected nor administrated by SIAE, or any of the above said companies, and that -therefore- no fees are due; (iii) that such Digital Content or Contribution is not illicit, defamatory, libellous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights; (iv) that the publication of such Digital Content or Contribution on the Website, and the relevant use pursuant to this TOS and the functions from time to time available on the Website, does not violate any third parties' rights, with particular reference to any copyright's and intellectual property's rights.
4.3. At the moment of uploading any Digital Contents or Contributions on the Website, Users warrant and guarantee that such documents are not subject to any DRM (Digital Right Management), and that do not contain any software that avoid the unlimited visualization, use, or copy.
4.4. Users, moreover, warrant and guarantee that the Digital Contents and/or Contributions made available on the Website through its own account do not contain virus, adware, spyware, worms or any other program or malware codes.
4.5. Users undertakes to indemnify and hold Ladybird (its employees, shareholders, directors and consultants) harmless from any claim arising from any other Users or third parties (herein included SIAE, or any of the above said companies) for misconducts and/or violation of any third parties' rights, with particular -but not limited- reference to copyright and intellectual property rights, related to the Digital Contents and/or Contributions uploaded, and -more generally- to any Contributions made available on the Website through its account, and/or with reference to asserted fees or indemnifications due relating to the above said Digital Contents and/or Contributions, other than from any and all damages, costs, burden and expenses (herein included legal expenses) that Ladybird (its employees, shareholders, directors and consultants) suffered.
5. MORE USERS' OBLIGATIONS
5.1. Users undertake:
(a) not to use the Website, the contents, and the Services therein available for, direct or indirect, commercial purposes, and/or for profit purposes, except where permitted;
(b) not to offer or make commercial proposals, and not to send advertising and/or spam to other Users of the Website (herein included, but not limited to, promotional contents, mail an/or emails with commercial and/or marketing purposes, emails or text messages chains, informational announcements), except for what related to the modality of promotion of the Digital Contents expressly provided and allowed for the specific Services and better described on the Website;
(c) not to upload, publish, distribute, contents for purposes related to marketing, advertising, spam, search engine ranking, or upload, publish, distribute contents with HTML format with links or redirects, or any other commercial content, except where expressly allowed on the Website;
(d) not to use, for any reason, the Website for illicit purposes, or in violation of any local, national or international law in force, herein included, but not limited to, law provisions with reference to proprietary rights, intellectual property, copyright and data protection's rights;
(e) not to upload, publish, communicate, disseminate, or anyhow share illicit, defamatory, libelous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights, herein included copyright;
(f) not to cancel from the Website or from any other contents therein uploaded the copyrights' information;
(g) not to threaten or harass other Users of the Website, or collect, or try to collect, personal information of other Users without their express consent or without Ladybird consent;
(h) not to remove, disable, damage, circumvent or interfere in any other manner with the functions relating to the security of the Website or its contents, with the functions that prevent or restrict the use or the copy of any content available through the Website, or with the functions that strengthen the limitation of the use of the Website or the contents therein available;
(i) not to carry out any reverse engineering, nor to decompile, disassemble, or try to discover in any other manner the source code (in any of its parts) of the Website;
(j) not to modify, adapt, translate, or create works based on the Website or based on any of the contents therein available;
(k) not to interfere in any manner with, or damage, the operation of the Website (and of any of its part), or with the ability of other Users to exploit its functions, herein included, but not limited to, the upload or the spread of virus, adware, worms, or any other malware codes/programs;
(l) not to send emails from any third party' servers without such parties' authorization;
(m) not to use any robot, spider, scraper or any other automatic method in order to access to the Website or its contents, or for any reasons in order to bypass the security measures provided by Ladybird in order to avoid or restrict the access to the Website and its contents;
(n) not to imitate nor manipulate in any manner the markers of Users' Digital Contents, shared through the Website in order to confuse the origin;
(o) not to interfere or trouble the Website, the Website' servers, or the Website internet connection, disregard any requirement, procedure or regulation of the internet connection related to the Website;
(p) not to use the Tutoring Services in order to contact directly the Tutors and exploit Tutoring Contents outside of the Website.
6. DIGITAL CONTENT REMOVAL
6.1. Ladybird shall have the right to remove -at any moment, and without any obligation of prior advise and without creating any subsequent right of reimbursement in favor of Users- any Digital Contents and/or Contributions that, at its own discretion: (i) violate any third parties' rights, with particular reference to intellectual or industrial property's rights, (ii) has illicit, defamatory, libellous, offensive, indecent, vulgar, pornographic, racist or discriminatory, contrary to law or public order, or contrary to morality or damaging any third parties' rights, contents; (iii) contains virus, adware, worms, or any other type of malware codes/programs; (iv) are in conflict with this TOS; (v) do not comply with the Website nature and purposes; (vi) originates from a User who has already been excluded by the Website or that performed an illicit conduct or that are in conflict with the Website nature and purposes.
6.2 The User may request the removal of their Digital Content from the Site, reporting this to the Ladybird staff by sending its links to the address: [email protected] Ladybird as the holder of a non-exclusive free of charge license, under no limits on time or territory over the Digital Content (see point 3.3), however informs the User that - if the Digital Content has already been shared with other Users, it might no longer be removed due to the sharing features of the Docsity platform. Notwithstanding however, the User's rights to rectify or cancel their personal data in accordance with Article 16 and 17 EU Regulation on Personal Data Protection EU 2016/679 including the email address the User indicated in its Digital Content which will be removed from such document.
6.3. Users, moreover, may report to Docsity staff, at any moment, any violation related to the Digital Contents by using the specific push-button situated on the top-right zone of the Website.
7. RIGHT OF WITHDRAWAL AND ACCOUNT CLOSURE - ILLEGAL USE OF THE WEBSITE
7.1. Pursuant to any and effects of the Consumer Code (D.Lgs. September 6th, 2005, n. 206), should such code apply, Ladybird informs Users as follows.
User may exercise the right of withdrawal, at any moment, and solicit the closing of its account, without suffering any penalties and without indicating the reasons, only by sending an email at the address: [email protected]. Ladybird shall provide User with the closure of such an account within 10 (ten) working days following from the notice, except for technical problems relating to the correct function of the Website. The withdrawal shall not have any retroactive effect, and shall not prejudice the provision of services which execution have already commenced. Moreover, it shall not prejudice the contracts related to the download of the Digital Contents which have been undertaken by and between Users, along with the relevant fees due to Ladybird. Closing the User's account does not imply removal of any User's Digital Content on the site itself, save the anonymization of the Digital content upon request of the User as per Article 6.2 above. Should such Digital Contents have been already purchased by other User, Ladybird shall allow such a User to visualize the relevant Digital Content in order to provide the download of the same.
7.2. Ladybird shall have the right to suspend or close -also definitively- the account and interrupt any and all operations of the Website by the User, also by preventing the access, immediately and without any prior advise - at Ladybird's own discretion - if User:
(a) does not provide, or did not provide, in whole or in part, data and information updated, complete, truthful and correct;
(b) uses, or used, the Website with and/or for illegal modality and purposes, or that Ladybird considers inconsistent with the nature of the Website (herein included, but not limited to, broadcast or sharing of virus; sending or disclosure of advertising; emails chains; spamming; broadcasting and/or sharing and/or diffusion of illicit materials);
(c) violates, or violated, any third parties' copyright or intellectual property rights;
(d) violates, or violated, in whole or in part, this TOS.
Closure of User's account imply deletion of User's Digital Contents contained on the Website. It remains, moreover, understood that in no case User shall have the right to obtain the restitution of any and all amounts paid to Ladybird relating to the use of the Services, and shall remain bound to correspond any and all remaining amount due.
7.3. Ladybird shall have the right to use any and all legal means in order to avoid, and oppose, any and all illegal use of the Website and of the contents and Services therein available, herein included but not limited to the possibility of identifying the IP addresses and contact the Internet Service Provider to whom User refer with reference to such illicit use of the Website.
7.4. Without prejudice for any other remedy or actions, Ladybird shall report to the competent authorities any and all activities considered as fraudulent, abusive or illegal.
8. LADYBIRD PROPRIETARY RIGHTS
8.1. Docsity platform is owned and operated by Ladybird. The visual interface, the graphic, the project, the information, the source code (whatsoever is the form), the products, the Services, the software and all of the parts of the Platform provided by Ladybird (Proprietary Contents) are protected by copyright.
8.2. Any and all Proprietary Contents are property of Ladybird, or to the same licensed by third parties.
8.3. Users undertake not to copy, modify, readapt, reproduce, publish, broadcast, distribute, sell, sublicense, communicate, or share with the public, create derivative works from, or use in any unauthorized way, the Proprietary Contents.
9.1. Ladybird may provide, through the Website, links to other websites, resources and internet services over which doesn't exercise any kind of control, and due to this reason, has not liability for damages, claims or losses, direct or indirect, occurred to Users arising from and/or related to the use and/or the functions of such websites or services reached through related links.
9.2. The websites, resources and internet services reached through the related links provided by Ladybird shall not, in any manner, be shared or supported by Ladybird, and, therefore, Users undertake to be the only responsible with reference to the purchases or with reference to any and all activities performed through such links.
9.3. The Digital Contents uploaded on the Website may be embedded by Ladybird on third parties' websites. In any case the download, upon payment, of such Digital Contents shall continue to be subject to this TOS.
10. LADYBIRD WAIVER OF RESPONSIBILITY
10.1. With reference to the Services, Users undertake, and accept, that Ladybird is acting exclusively as a digital service provider relating to the access and the use of the Website, by merely making available a computer service, without assuming any direct or indirect role with reference to the use of the Website and its functions by the Users, along with the sharing and/or the purchase of the Digital Contents and the Tutoring Contents, which occur under the direct and exclusive responsibility of Users, without any control performed by Ladybird.
10.2. Ladybird shall not have any possibility to verify any possible violation of law or third parties' rights when Digital Contents and/or Tutoring Contents are uploaded on the Website. Users, therefore, recognize, and accept, that Ladybird is not required to and is not able to provide any monitoring activities with reference to the Digital and Tutoring Contents, nor with reference to the use made by Users. Therefore, Ladybird shall not be deemed liable should the Digital or Tutoring Contents, when uploaded by Users, contain material, either illicit, offensive, injurious against third parties' rights, or is false, incorrect, incomplete and/or inaccurate, misleading, or should the publication, the sharing, the use and/or the purchase through the Website affect the copyright, intellectual and/or industrial property, of any third parties' rights. Without prejudice for the above, any and all violations may be reported to the following address: [email protected].
10.3. Ladybird shall not endorse any content, opinion, recommendations or advices anyhow expressed by Users on the Website, and disavows any and all related responsibilities.
10.4. The Website, and any and all Contribution therein (herein included the Digital Contents, the Tutoring Contents and, more generally, any data, information, software, content, services, functions, links to other websites and/or application operating along with the Website, are provided "as they are" without any guarantee with reference to their correctness and their real content or functions.
10.5. Moreover, Ladybird shall not be held responsible with reference to issues that may affect the download and/or the correct visualization of the Digital Content, related to errors, virus, or any other components of such contents, or relating to their format and/or incompatibility with Users' operative system. Facing such conditions, it remains understood that Users shall not have any right of compensation or reimbursement, in whole or in part, with reference to the use of the Digital Content and/or the amounts paid and/or the fees corresponded to Ladybird in order to use the Services available on the Website.
10.6. Ladybird does not offer guarantee that the Contribution therein (herein included the Digital Contents, the Tutoring Contents) and, more generally, any data, information, software, content (including commercial contents), services, functions, links to other websites and/or application operating along with the Website, are provided without suspensions and/or interruptions, or are free from errors, virus, or other components potentially dangerous, and with reference to the above does not assume any relevant responsibility.
10.7. Users recognize that the use of the Website, of its functions and of the contents along with the Services therein available, are provided on its own and exclusive interests and risks. Ladybird shall not offer any guarantee with reference to the use, relating to its convenience, or that the use is safe or without errors, nor shall offer any guarantee about the expected results, or the results reached by Users through the use of the Website, of the contents and the Services therein available, and shall not assume any responsibilities. The Digital Contents, should they have educational content, along with the Tutoring Contents, are to be considered complementary and not substitutes of the educational programs; Ladybird shall not guarantee, in any case, their utility.
10.8. Ladybird shall not assume any responsibilities with reference to any and all damages occurred to Users assets or personal effects (herein included the personal computer), along with damages or losses (herein included losses of data) arising from the download or the use of the contents available on the Website, herein included the case of transmission of informatics virus.
10.9. Ladybird is not able to guarantee that the security measures provided in order to protect the Digital Contents are not breakable, that there are no "leaks", or the possibility to avoid or break such security measures.
10.10. Without prejudice for the above, Users expressly recognize and agree that:
(a) Ladybird shall not be held responsible for any damage, of any nature, that shall occur, directly or indirectly, to Users arising from and/or relating the Website, its use, and the use of any and all contents and/or Services therein available;
(b) Ladybird shall not be held responsible for the use that Users or third parties make with reference to the Contributions (herein included the Digital Contents), either uploaded by Users or made available on the Website, or with reference to the Tutoring Contents that Users enjoy trough the Website, and shall not guarantee, nor can avoid, that such Contributions shall be use in a improper and/or illicit way;
(c) Ladybird shall not be held responsible for any and all damages, of any nature, suffered due to the products and/or services sold or in any manner distributed through the websites promoted or in any manner related to Docsity Platform;
(d) Ladybird shall not be held responsible with reference to the correctness, completeness, and truthfulness of the information published on the Website, or made available by Users relating to the Digital Contents offered and/or the Tutoring Contents;
(e) Ladybird shall not be held responsible for the fulfilment or not fulfilment of the obligations undertaken by Users that offer their contents and/or those Users interested on the sharing and/or the purchase of the Digital Contents and/or the Tutoring Contents, as well as any vices and/or defects, either visible or invisible, and/or the failure of quality on such Digital Contents and/or Tutoring Contents and in relations to their features, remaining understood that such sharing and/or sale/purchase are carried out exclusively by and between Users, being Ladybird unrelated to such relationships;
(f) Ladybird shall not be held responsible with reference to the contents of the Digital Contents and the Tutoring Contents, their lawfulness, offensiveness, harmfulness of third parties' rights, accuracy, completeness, correctness, truthfulness, and usefulness, as well as the fact that such contents, their publication, share, fruition and/or purchase through the website may injure any third parties' copyright, intellectual and/or industrial property rights.
10.11. Without prejudice for the above, it remains understood that Ladybird shall be liable in case of wilful misconduct and gross negligence.
10.12. Users undertake to indemnify and hold Ladybird (along with its employees, directors, shareholders and consultants) harmless against any and all claims arising from other Users or third parties with reference to and or in relation with the use of the Website, its contents or Services, functions, products or services provided or anyhow made available through the Website, as well as from any and all damage, costs, burden or expenses (herein included legal expenses) that Ladybird (along with its employees, directors, shareholders and consultants) should consequently suffer. Users, in case of uploading of any Digital Contents and or by making available any Tutoring Contents on the Website, shall guarantee the lawfulness of such contents, and the absence of any third parties' right that could limit or avoid their use, pursuant to this terms, herein included the sharing or the sale to other Users, as of now undertaking to indemnify and hold Ladybird (along with its employees, directors, shareholders and consultants) harmless form any and all damage, costs, burden or expenses (herein included legal expenses) that could arise from third parties' claims due to such violations.
11. MODIFICATION TO THIS TOS
11.1. Pursuant to operational and business issues, and in order to improve the Website and its functions and operations, Ladybird shall have the right to provide, at any moment and without any prior advise, modifications and/or integrations to this TOS, informing Users of such changes by publishing on the Website. Such modification and/or integrations shall apply as of the date of the publication on the Website.
11.2 The Use of the Website following to such modifications and/or integrations imply the full acceptance of the new TOS by Users. Users are, therefore, invited to constantly verify the content of this TOS, in the light of the modifications and/or integrations from time to time provided, and not to use the Website should Users intend not to accept, in whole or in part, the new TOS.
13. GOVERNING LAW AND JURISDICTION
13.1. This TOS, their interpretation, validity, execution, modification and termination are governed by the Italian Law.
13.2. Any and all controversy arising from and/or relating to this TOS shall be conferred to the exclusive jurisdiction of the Court of Turin, except for those controversies relating Users/Consumers to which shall apply the competent Court of their place of residence or domicile, remaining understood that Users/Consumers means physical persons who seeks for Services provided by the Website with reference to purposes not relating to their business or professional activities.