Terms and conditions of use and contract

Art. 1 - Site Ownership

The www.Ciakad.com site is owned by the company Zaffiroweb S.r.l. Innovative start up, a limited liability company governed by Italian law, with registered office in Via Santa Margherita, 35 - 31100 Treviso (TV), VAT no. 04840260261, registered in the Treviso register of companies with REA no. TV-402516, PEC zaffiroweb@legalmail.it in the person of its legal representative pro tempore, hereinafter also referred to as Owner.

Art. 2 - Definitions

Video S.E.O .: with the term Video S.E.O. (Search Engine Optimization) means the set of strategies and practices aimed at increasing the visibility of a video uploaded on the site www.ciakad.com , in order to improve its position in the rankings of the main search engines;

User: means User the person, physical or legal, who registers on the site www.ciakad .com through the registration process contained in the site itself, in order to access the SEO services offered;

Visitor: means Visitor the person who connects to the site, browsing within it and viewing its contents, who is not registered as a User;

Services: the set of intangible assets offered by the www.ciakad.com site, including but not limited to, uploading and customizing video pages, the Video service SEO and / or other services that provide for payment of benefits, as better specified in the site www.ciakad.com ;

Content: Content is intended as videos uploaded by the User, including video, text, dialogues, music and / or other multimedia content.

Abstract: with the term Abstract we mean the textual part describing the object of the Uploaded Content, an essential element for the functionality of the Services provided, for the purpose of optimization S.E.O. of the Content itself.

Art. 3 - Object of the site and the services provided

3.1 This site www.ciakad.com aims to publish and disseminate videos uploaded by users and to optimize the glistessi for search engines, based on the needs specifically indicated and / or identified by the users themselves, in order to make them visible to as many visitors as possible.

3.2 With the online publication of the Contents, the User grants limited license rights to the Owner and in accordance with the Services rendered by the Owner and purchased on the site www.ciakad.com and, in this case, the Owner may use, for advertising and / or commercial and / or study purposes, the video, logo or distinctive sign of the User, unless denied that at any time it may be exercised by the User in writing. The refusal will be effective from the moment the Owner becomes aware of the same and only for the publications or uses subsequent to that moment. Any previous use of the videos, of the logo or of the distinctive sign of the User by the Owner, which involves any economic burden for its elimination, is to be considered lawful.

3.3 the Services offered by the Owner are to be understood exclusively as obligations of means and not of results, with the consequence that no better positioning in the rankings of the pages of the results of the main search engines is guaranteed, which may not be dependent on the technical action provided by the Owner.

Art. 4 - Terms of use

4.1 In order to use the Services, the User must accept the Terms of Use and the related contractual conditions; in the absence of acceptance of the same, the User will not be able to access the Services.

4.2 Visitors accept the Terms of Use simply by browsing the site, with the specification that as far as Visitors are concerned, the Owner will not collect sensitive data and no personal information from the Visitor.

4.3 Users may not use the Services and accept the Terms:

(a) who are under the age of 18 or who have not reached the age of majority in accordance with the law of the country in which they are resident;

(b) to whom it is forbidden or otherwise legally inhibited to use or receive the Services under Italian law as well as the laws of the country in which they are resident or from which they access or use the Services; (c) to which the Proprietary denies, in its absolute discretion and without giving any reason, the use of the Services.

4.4 The Owner may periodically make changes to the Terms of Use or to the contractual conditions, for example as a result of legislative or regulatory changes or of the functions offered through the Services. In this case, to use the Services you must accept the Terms of Use or the contractual conditions as amended.

Art. 5 - Use of the Services

5.1 In order to use the Services, it is necessary to create an account through the registration procedure found on the website www.ciakad.com, providing an email and choosing a password, which the User must keep secret and confidential. The User must immediately inform the Owner of any breach of security or unauthorized use of his account of which he becomes aware. In the event of improper use of the account by a third party, as a result of a breach of security, unauthorized use, distribution of the password etc., the Owner will not be liable for any damage that the User could suffer, as provided for in the following art. 8.2.

5.2 The User will receive confirmation of registration on his email inbox and must confirm registration by clicking on the appropriate link in the registration confirmation email.

5.3 The User, having completed and completed the procedure referred to in the previous points relating to registration, will access the Reserved Area, for Final Registration, with an indication of his own User Name, which cannot be subsequently modified and which will appear publicly following confirmation.

5.4 Subsequently, the User will be able to customize, in the ways and within the allowed terms, his profile, in the Reserved Area, also uploading the videos that he intends to publish online and carefully compiling the Abstract, operation, quest last, fundamental for the correct provision of the Services. The Reserved Area and the uploaded videos will be visible only by the User until when, by clicking on the appropriate command, the User can decide to publish them online.

5.5 By clicking on the command that allows online publication, the User will be asked to choose whether to use the "Basic" Service or the "Pro" Service, whose costs and related Services will be indicated in the appropriate screen of the site www.ciakad.com . By clicking on the selected Service, the User unconditionally accepts the cost of the Service and the contract will be deemed concluded pursuant to art. 1326 of the Civil Code, with the express acceptance of these contractual clauses.

Art. 6 - Duration of the Services contract and right of withdrawal

6.1 The duration of the Contract is annual and is intended as tacitly renewed for the same period unless canceled to be communicated 30 days before the expiry date in writing to the owner, by registered letter with return receipt or PEC to zaffiroweb@legalmail.it .

6.2 If the User is a consumer pursuant to Legislative Decree 206/2005, he may exercise the right of withdrawal pursuant to art. 52 Consumer Code within 14 (fourteen) days from the conclusion of the Contract as specified in art. 5.5. and the Owner will reimburse the amounts paid by the Consumer within 14 (fourteen) days of the notice of withdrawal.

6.3 After the first year of service, the User may communicate his withdrawal by registered letter with acknowledgment of receipt or PEC to the address zaffiroweb@legalmail.it with a notice of 30 days. In this case, the User is however, they must pay the amount provided for the Services in proportion to the period of use of the same. The Owner will eventually reimburse the User as already paid, withholding in any case the amount proportionally due from the User for the use of the Services provided.

Art. 7 - Content

7.1 Each User may insert Content, which will be published online only after the acceptance of the present contractual conditions and the correct payment of the chosen Service.

7.2 The User holds all proprietary rights in the uploaded Content and acknowledges and accepts that he is solely responsible for the Content uploaded, the consequences of their online upload and subsequent publication. The Owner does not endorse the Content or opinions, recommendations or advice contained therein, expressly disclaiming any and all liability in relation to the videos and messages contained therein.

7.3 The User recognizes and guarantees to hold (and to continue to hold during the use of the Services) all the necessary licenses, the rights, the consents (also of third parties), and the requested permissions, also from the law , for the publication of its own Content.

7.4 You may not post or upload Content that contains materials that are illegal to use or own in Italy as well as in the country where you are a resident. The Contents may not have defamatory messages against the Owner or third parties, deceptive or fraudulent nor scenes, images, videos, texts, dialogues, music or other multimedia content of a violent, pornographic, blasphemous, racist, sexist, or otherwise discriminatory nature, nor scenes or images of nude (even artistic) and / or otherwise contrary to the common sense of modesty.

7.5 The Content may not contain any copyrighted material of third parties or subject to other proprietary rights of third parties (including privacy rights or publication rights), unless the User has a formal license or permission from part of the legitimate owner, or otherwise legally authorized to publish the material in question. Failing this, the User will be solely responsible for any claims for damages, expressly exempting the Owner from any and all claims for damages by third parties.

7.6 In the event that it becomes aware of any potential breach of these Terms, the Owner reserves the right to decide whether the Content will comply with the provisions of the previous articles and may remove the Content and / or inhibit User access to uploading Content that violates these Terms at any time, without notice and at its sole discretion.

7.7 The User may upload Content of a maximum duration of 2 minutes and the size of the file may not exceed 100 MB for the "Base" service, while it may load Contents of a maximum duration of 5 minutes and the size of the file does not may exceed 500 MegaBytes for the "Pro" service.

Art. 8 Limitation and exclusion of liability

8.1 Unless otherwise stated in these Contract Conditions and subject to the application of the art. 1229 of the civil code, all responsibility of the Owner, its employees, agents, employees to any is excluded title and for any reason, in relation to the interruption of the Services which involve any User financial or non-pecuniary damage, for example, loss of profits, loss of profits, of data, of commercial reputation, business opportunities, goodwill, or similar damages (both direct, indirect), or any other type of incidental, indirect or subsequent damage of any kind resulting from the use of Services.

8.2 In any case, the responsibility of the Owner must be limited to direct damage and cannot extend to indirect or consequential damages and the indemnifiable damage to the User cannot be higher than the purchase price of the Services, regardless of the nature, contractual, non-contractual, guarantee or other type of the request itself, even in the presence of insurance coverage. Save the cases of malice or gross negligence, the Owner will not be responsible for the loss of the Contents, verified for any reason and at any time, including during updates, upgrades, repairs or similar to the ww.ciakad.com website or as a result of changes that the Owner may make to the Services, or to any temporary or permanent cessation in the provision of the Services or for any element within the Services. The Owner will not be liable in any way for failure to supply by of the User of the information and data requested in the art. 5 and / or for the User's failure to maintain secret and reserved the password or the details of the created Profile.

8.3 Limitations on the Owner's liability towards the User referred to in the previous articles

8.1 and 8.2 will apply both in the event that the owner was aware of or should have been a knowledge of the possibility of the emergence of the problems or the losses described therein, both in the case contrary.

8.4 The compilation of the Abstract is the sole responsibility of the User and, therefore, the Owner does not will have no responsibility for the failed or incorrect compilation of the same.

8.5 You acknowledge and agree that the Uploaded Content may be shared on Social Networks or on other platforms and that the actions carried out on the Content shared on third-party multimedia platforms will be regulated according to the conditions of use established for services rendered by third parties, with each exemption of responsibility by the Owner.

Art. 9 - Payments

9.1. The payment of the Services can only take place via PayPal, advance bank transfer or by credit card.

9.2. The payment of the Services is anticipated for the annual amount established by the type of Service, "Base" or Pro ”chosen and the User acknowledges that only after the successful completion of the payment will the Uploaded Content be put online on the site www.Ciakad.com .

Art. 10 - Privacy

The User, with the conclusion of this contract, must expressly accept the Privacy & Cookies clicking on the appropriate command.

Art. 11 - Jurisdiction and competent court

11.1 The contract is subject exclusively to Italian law. For anything not expressly indicated in these contract conditions, please refer to the rules contained in the civil code.

11.2 For any dispute related to or related to this contract the exclusive jurisdiction will be the Foro di Treviso, as long as the user does not play the role of consumer; in this case the competent court will be without fail that of the place of residence or domicile of the consumer, if located in the territory of the consumer State, as established by art. 66 bis Consumer Code.

Pursuant to and for the purposes of articles 1341 and 1342 c.c. the following are expressly approved conditions and obligations:

Art. 4.1 (acceptance of the terms of service and contract); art. 4.3 (inhibition of the Services); art. 5.1 (exemption Owner's responsibility for unauthorized access to the account) art. 6 (contract duration, renewal and right of withdrawal); art. 7.2 (responsibility for uploading Content); art. 7.4 (limitation to Content); art. 7.5. (User responsibility for claims for damages and indemnity); art. 7.6 (right of the Owner) to remove the Contents); art. 8 (Limitation and exclusion of the Owner's responsibility); art. 11 (Jurisdiction and competent court).