These General Conditions of Use of the Platform (hereinafter also only the "Conditions"), together with the documents referred to therein, set out the conditions under which the User is permitted to use the CatraMMS Platform (hereinafter, the "Platform"). Use of the Platform is defined as registering, accessing and browsing the Platform.
Please read these Terms carefully before using the Platform. We recommend that you print a copy of these Terms for future reference. By using the Platform, the User accepts these Terms and agrees to abide by them. You may not use the Platform if you do not agree to these Terms.
These Conditions refer to the following additional conditions, which apply when using the Platform:
The Platform is owned by Lucia Catrambone, headquartered in Arluno (MI), 20004, via Monte Grappa n. 12, VAT no. 11701810969, e-mail:info@catramms-cloud.com.
The Provider reserves the right, at its own discretion, to modify these Terms at any time by bringing them to the attention of interested parties by posting the changes within the Platform or by email. The User is therefore invited to review these Terms each time he/she accesses the Platform. In any case, the use of the Platform and its services implies acceptance of the changes that have occurred in the meantime. If the changes are not accepted, the User may at any time cancel his or her registration to the Platform, it being understood that continued use of the services implies acceptance of the new conditions.
In addition, the Provider reserves the right to modify, suspend, discontinue even partially the services, including accessibility to content, as well as to introduce access or service limitations, in whole or in part, without prior notice and without assuming responsibility for such limitations.
The Provider reserves the right, at its discretion, to update the Platform and change its content at any time. The Provider is under no obligation to update the content of the Platform and does not warrant that the Platform or its contents are free from errors or omissions.
Provider makes no guarantee that the Platform or its contents will be continuously accessible. The Provider reserves the right to suspend, delete, discontinue or modify all or part of the Platform without notice and will not be liable to the User if for any reason the Platform is unavailable, in whole or in part. The User will take care to make all necessary arrangements to be able to have access to the Platform. The User shall ensure that anyone accessing the Platform via an Internet connection owned by the User is aware of these Terms and all other applicable terms and conditions and agrees to abide by them. The User undertakes not to use the Platform and its services for illegal purposes or in ways that could damage its functionality, render it unusable, cause overloading, deterioration and/or interference with its use by other Users. Any behavior from which, even by mere attempts, unauthorized access to the Platform, the Service sold by the Provider, other accounts, systems or networks connected to the same through hacking, password forgery or other means including web scraping activity is prohibited.
In order to access the Platform and take advantage of the Services, the User will have to make a special registration, through which he/she will have to enter his/her required personal data.
Upon registration and at the time of data entry, the User warrants that:
Upon registration, the User will be asked to provide certain data such as first name, last name, e-mail address and a password. Registration coincides with the opening of an account.
The User will take care to guard, preserve, keep secret, use in its own right and not give away the chosen password. It will therefore be responsible for any use, made by authorized or unauthorized third parties, of the aforementioned identifiers as well as for any damage caused to the Provider and/or third parties, in dependence of failure to comply with the above. The use of temporary emails for registration is prohibited. Failure to comply with these rules will result in the violation of these general conditions of use and may result in the immediate cancellation of the account of the offending party. In the event of actual or potential unauthorized use of his/her account, the User is requested to promptly report it to the Provider, providing any detailed information regarding the violation, and giving notice of loss, unauthorized removal, theft, of his/her password and personal information. The User is fully responsible for any action taken through his/her account, either directly or through third parties authorized by him/her. Any misuse, fraudulent or in any case illegal use shall be cause for immediate cancellation of the account, at the sole discretion of the Provider, without prejudice to the exercise of any legal action by the rightful claimants. The User may cancel his/her account at any time. It is understood that the User is responsible for all activities performed with the account until the time of actual deactivation. Provider may at its discretion cancel or temporarily suspend access to all or parts of the Platform and Services for any reason, including, without limitation, any violation of the rules described in these Terms with express disclaimer of liability on the part of the User.
After registering, the User has the opportunity to take advantage of the services offered by the Provider and in particular will be able to:
In creating their profile, Users who intend to register, agree to provide their personal data in a correct and truthful manner and not to upload illegal content. All Users shall use the Platform by strictly adhering to these Conditions. The User undertakes not to use the Platform and its services for illegal purposes or contrary to these Conditions or in ways that could damage its functionality, render it unusable, cause overloading, deterioration and/or interference with the use of the same by other Users. Any behavior from which, even by mere attempts, reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to reverse engineer the source code of the Platform is prohibited.
The User also agrees not to publish, transmit or otherwise make available through or in connection with the Platform:
The User agrees to:
In the event of a breach of these obligations, the Provider may exclude the User from the Platform with immediate effect and the User will no longer be able to access and/or re-register to the Platform.
All the contents of the Platform are protected and safeguarded by current copyright and industrial and intellectual property laws. By way of example and without limitation, the content of the Platform must be understood as: the domain name, its sub-domains, trademarks, any graphic representation and/or text in general, photographs, films, all thematic content offered for reading by the Provider. The Supplier grants Users the possibility of viewing the materials uploaded by the same Supplier to the Platform for the sole purpose of personal use, remaining instead precluded from disseminating, reusing, copying, selling them as well as any other action not expressly provided for and specifically agreed with the Supplier.
By accessing the Platform and related services, the User agrees to:
By registering with the Platform and taking advantage of its services, the User attests and acknowledges, while simultaneously assuming the relevant legal responsibility in civil and criminal law, that:
Accordingly, the User shall indemnify the Provider, and all parties related thereto, from and against any and all liability and prejudicial consequences as a result of lawsuits arising out of the User's breach of these obligations in connection with the User's own or a third party's misuse of its account in violation of the warranties set forth in this Article.
The User is in any case obliged to provide all cooperation to the Provider to properly protect its rights in connection with such legal actions. The Provider reserves the right to protect itself in court, at its own expense, without prejudice to the right to indemnification at the User's expense.
Provider does not guarantee in any way the accuracy or reliability of the opinions, statements, indications or other information published, uploaded or distributed through the Platform services by Users. The User acknowledges that any reliance he or she makes in the truthfulness and reliability of opinions, statements, indications or information published, uploaded and distributed through the Platform is made at his or her own discretion, assuming the consequences thereof.
The Provider shall not be liable for any loss or damage resulting from the User's failure to comply with these Terms. The Provider shall not be liable for any loss or damage arising out of, or related in any way to, the use and operation of the Platform, including without limitation, damages for loss of business, loss of profits, business interruption, loss of business information, any other pecuniary loss.
The User account may be permanently deleted by the User himself or may be ordered to be deleted by the Provider in case of violation of the obligations under these Terms.
The Provider in order to ensure the best possible level of service, may discontinue the use of the Platform for maintenance purposes, system upgrades or any other changes by giving appropriate notice to Users. To the extent permitted by law, the Provider reserves the right to suspend or completely terminate the use of the Platform and in addition, the same may be unavailable due to causes beyond the reasonable control of the Provider, such as force majeure.
The Provider's liability is understood to be within the limits of its obligations under these Terms. The Provider is not responsible for the behavior of Users and the information and content shared by them. The User guarantees that he/she will use the Platform according to the conditions and for the services established and offered by the Provider, excluding any use that is intended for illegal purposes or contrary to the provisions of these Terms of Use and otherwise in ways that could harm it.
The Provider shall not be held liable for omissions or errors that may be contained in the materials, nor, again, for any infringement of the rights of others and damages, including indirect, consequential to it, or for other damages of any kind whatsoever, arising out of or in any way connected with the use or information contained in the Platform.
You use this service at your own risk, releasing Provider against any party for legal/civil or administrative disputes, indirect, specific, incidental, punitive, cautionary or consequential damages caused by your use or inability to use the Platform service.
The User also agrees to hold the Provider harmless, releasing it from any liability, in the event of inaccessibility to the services on the Platform or any damages caused by viruses, corrupted files, errors, omissions, service interruptions, content deletions, problems related to the network, providers or telephone and/or telematic connections, unauthorized access, data alteration, failure and/or malfunction of the User's own electronic equipment.
The Parties mutually acknowledge that, should one or more clauses contained in these Conditions be deemed null and void, voidable or otherwise ineffective, such nullity or ineffectiveness shall not result in the invalidity of the agreement itself in its entirety and shall not extend to the remaining clauses. In such case, the provisions contained in the clauses that should be deemed null and void or otherwise ineffective shall be considered as a commitment made and relevant to the contractual good faith of the Parties.
In the event that the User uses a feature that allows him or her to upload content to the Platform, he or she shall comply with these Terms of Permitted Use of the Platform. The User shall be liable to the Provider and third parties for all damages that the same may suffer in connection with the content and materials uploaded by the User to the Platform. The Provider reserves the right to disclose the identity of the User to third parties who complain of infringement of intellectual property or other rights in connection with the content uploaded by the User. Provider shall not be liable to third parties for content posted by User on the Platform and reserves the right to remove any content posted on the Platform by User if upon notice or if it becomes aware of it in any other way it is not in accordance with the permitted use of the Platform such as, but not limited to, in the event that User has uploaded and posted content that is illegal covered by copyrights and/or any other protected right, content in which distinctive trademarks and signs are included that the User is not authorized to dispose of, content aimed at the pursuit of illegal purposes or as a means of disseminating or spreading in any way material or content preordained to the commission of illegal activity, content that presents remarks of a defamatory, slanderous, obscene, pornographic, perverse, abusive, or in any way illegal nature.
The Application may be used by Users to upload videos to external platforms (YouTube, Facebook, TikTok).
The Application will use the services of external platforms to upload contents and will not request any User data from the external platform.
The Application's use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
The Application's use and transfer of information received from Facebook APIs to any other app will adhere to Facebook API Services User Data Policy, including the Limited Use requirements.
The Platform may contain hyperlinks (links) to other applications and/or websites that have no connection with the Platform itself. The Provider does not control or perform monitoring operations of such applications and/or websites and their content. The User who decides to visit a site and/or application linked to this Platform does so at his or her own risk, assuming the burden of taking all necessary measures and precautions against viruses or other potentially harmful elements. The activation of the links does not imply that the Provider sponsors or is affiliated with those who perform any services described in those websites and/or applications, and therefore the same cannot be held responsible for the contents of those websites and/or applications and the rules adopted by them also with regard to privacy and the processing of personal data during your browsing operations. "Deep linking", i.e. using, on third party websites, parts of the Platform or otherwise linking directly to pages without going through the Platform, is prohibited.
The Provider reserves the right to determine, in its sole discretion, whether there has been a violation of these Terms during the use of the Platform. In the event that there is a violation of these Terms, the Provider shall have the right to take such action as it deems appropriate such as but not limited to:
Failure of the Provider to exercise a right does not constitute any waiver of its right to take action against the User or any third party for breach of commitments.
These Conditions are entirely governed by Italian law. Any dispute arising in connection with the validity, interpretation, execution and termination of these Conditions the territorial jurisdiction shall be exclusively that of the Court of Milan.
The Personal Data provided or acquired will be subject to Processing based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Provider, as the Data Controller, processes the Personal Data of the Users by taking appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. The Processing is carried out by means of computer and/or telematic tools, with organizational methods and logics strictly related to the indicated purposes. The User's Data are collected for the execution of pre-contractual measures; to fulfill the obligations arising from the contract entered into; for the registration procedure aimed at the purchase of the Services; to follow up on specific requests made to the Data Controller by the User; Therefore, the User is invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required.
For further information of any kind, you can contact the Supplier by e-mail at the following address: info@catramms-cloud.com.