These general terms and conditions (the "Terms") govern access to and use of the website www.crearegroup.it (the "Website") by the user of the same (the "User").
The Website is owned by Crea.re Group S.r.l., with registered office in via Bertola 2, 10121 Torino (TO), Italy, VAT number / Tax code / registration No.: 11623940019 (the "Company" and, jointly with the User, the "Parties"), who can be contacted at the following e-mail address: firstname.lastname@example.org.
1.1. The Company manages the Website for public information and communication purposes.
1.2. The User agrees to use the Website in accordance with the Terms and acknowledges and accepts that, consequently, such use implies the assumption that the same User has read, acknowledged and fully accepted the Terms, together with the rest of the legal documentation published on the Website, which is binding in nature.
1.4. The User also acknowledges and accepts that access to and use of the Website, including the display of web pages and images and projects reproduced or referred to therein, constitute activities carried out by the User exclusively for personal purposes unrelated to any commercial, entrepreneurial or professional activity.
2.1. All the contents presented or made available on the Website, such as, by way of example, photographs, drawings, videos, music, projects, newspaper articles, works of art, texts, documents, graphics, layouts, the software of the website, videos, as well as all the logos, trademarks, registered and not registered, including the trademark "CREA.RE GROUP", in both its word and figurative versions, and any trademarks owned by the Company's commercial partners and customers, as well as any other distinctive signs, including the domain name CREAREGROUP.IT (the "Contents"), are the exclusive property of the Company or of third parties that are its licensors, and are protected by the applicable intellectual and industrial property laws. Therefore, any economic exploitation of the Contents shall be expressly authorized by the Company or by its third party licensors and any illicit use, such as, in particular, but without limiting the generality of the foregoing, an unauthorized use for profit or a use that may cause confusion among the public or that may, in any way, denigrate or discredit the Company, shall entitle the Company to take legal action before the competent authorities, judicial or otherwise, in order to protect its intellectual and industrial property rights.
2.2. With specific regard to portraits of individuals that may be on the Website, such as photographs, the User undertakes not to carry out any act of reproduction or reworking of such portraits, including their publication by any means whatsoever.
2.3. Notwithstanding the foregoing, the Company grants the User a free, non-exclusive and non-sublicensable license to use the Contents, by virtue of which, unless otherwise indicated in the specific Content, and provided that all the obligations set out in the Terms are complied with, the User is only authorized to view, copy, print and, in any case, to perform acts of temporary reproduction without economic significance, concerning the Contents, provided that: (i) such use is exclusively of a personal nature and, therefore, has no economic/commercial purposes; and that (ii) any copy of the Content that may be made includes the copyright notice or other attribution of exclusive rights to the legitimate owners of such Content. Notwithstanding the license governed by this Article, the User acknowledges and agrees that, in no other case, browsing the Website shall be construed as authorizing the User to use, reproduce or copy, reprocess, modify, adapt, alter the source code of the software of the Website, reverse engineer, decompile, disassemble or otherwise operate, in whole or in part, on the Website and/or the Content.
2.4. The Parties agree that, should the User contact the Company, also through the modalities set forth in article 7.1 below, to submit projects and/or propose a collaboration and/or request the services provided by the Company itself, the ownership of the projects and of all the materials eventually shared between the Parties (the "Materials"), as well as the related intellectual property rights, shall remain with the Party that was the owner of the same prior to the contact. The User acknowledges and accepts that any Materials developed by the Company subsequently and in response to the contact/requests made by the User pursuant to this clause shall be considered the property of the Company, as well as any related intellectual property rights.
2.5. The User acknowledges that the Materials shared by the Company may contain confidential information, including, by way of example, drawings, graphics, know-how and trade secrets. In this regard, the User acknowledges and accepts that the aforementioned confidential information shall be considered secret and reserved even if not expressly marked as such and agrees as of now not to disclose it without express authorization from the Company.
3.1. The Company reserves the right to withdraw, modify, suspend or interrupt indefinitely the services it provides through the Website, without prior notice, if, by way of example, the User violates the Terms and/or the Company takes actions necessary to protect the User and/or the Website from hacker attacks, fraud and other illegal activities carried out by third parties. The User acknowledges and accepts that, in relation to the foregoing, the Company, to the maximum extent permitted by law, shall not be liable in any way for the unavailability of the Website, even for long periods of time, and that therefore the User shall not be entitled to make any claim in relation to the inability to use the Website, for any reason whatsoever.
3.2. The User acknowledges and agrees that, to the extent permitted by applicable laws, the Company shall not be liable for damages, including consequential damages, of any kind or amount whatsoever resulting from the User's use of the Website and/or Contents.
3.3. The Company, moreover, shall not be liable for damages resulting from any interruptions, suspensions, delays or anomalies in the connection to the Website depending on the supply of electricity or telephone service or malfunctioning of the Internet or any other cause not depending on the Company itself.
3.4. It is understood that the Terms do not imply any exclusion or limitation of (i) the Company's liability for fraud or gross negligence and/or (ii) any other liability that the law does not allow to exclude or limit.
4.1. To the maximum extent permitted by applicable law, the Website, the Contents and the services offered through the Website are provided free of charge, as is, therefore, the Company makes no warranties in relation thereto, including any warranties of continuity and absence of interruptions or errors in operation, as well as the absence of viruses, bugs, malware or similar, and shall not be held liable in any way should such situations arise.
4.2. The Company makes every effort to ensure that the information provided through the Website is accurate and up to date, however, the Company does not warrant, under any circumstances, the accuracy of such information or that such information is free from errors or omissions.
5.1. The User undertakes to use the Website exclusively for lawful purposes and in compliance with applicable legislation such as, by way of example, current legislation on intellectual and industrial property and on the protection of personal data.
5.2. In any case, the User, while browsing the Website, will behave in good faith and fairness.
5.3. To the maximum extent permitted by applicable law, the User agrees to indemnify and hold the Company harmless from any and all damages, losses, claims, charges or expenses, including legal fees, that may result from the use of the Website, by the User, not in accordance with the Terms.
6.1. The Website may contain hypertext links to other websites owned by third parties other than the Company, in relation to whose content and management, including the processing of personal data, the Company cannot be held liable. Therefore, the User is invited to read the possible general terms and conditions and any other legal documentation relating to each of these third party websites.
7.1. Without prejudice to the means of communication required by laws, regulations and practices for the purposes of their validity, any communication to the Company pursuant to or for purposes related to the Terms shall be sent by registered letter or e-mail (with acknowledgement of receipt) to the addresses indicated above. Alternatively, the User may use the contact form on the Website at the following link: https://crearegroup.it/en/contatti/.
7.2. The Terms are governed by Italian law. Without prejudice, where applicable, to the provisions of the Italian Consumer Code (Legislative Decree No. 206/2005) in relation to the competent court, any dispute arising between the Parties with regard to the validity or interpretation of the Terms and/or in any case in connection with the Terms, shall fall under the exclusive jurisdiction of the Court of Turin.
7.3. In the event that some of the provisions of these Terms is considered invalid, void and/or in any case unenforceable by virtue of the laws in force, the remaining provisions shall be considered fully valid and effective.
7.4. The Company reserves the right to modify, at any time and at its sole discretion, the Terms. The changes and updates to the Terms will be effective and therefore binding for the Parties as soon as they are published on the Website. The continued use of the Website by the User after the changes made to the Terms constitutes acceptance of the same changes. Therefore, should the User not agree, in whole or in part, with the Terms, as amended and/or updated from time to time, the User is invited not to use the Website.
The User declares that they have read the Terms in their entirety, specifically approving, pursuant to and for the purposes of Articles 1341, second paragraph and 1342 of the Italian Civil Code, the following clauses: 2. (Protection of intellectual and industrial property rights); 3. (Limitation of liability); 4. (Exclusion of warranty); 5. (Use for lawful purposes and indemnity); 7.2 (Applicable law and competent court).
Last update: June 2022