Terms of Use

1 – Foreword

Welcome to ideaTRE60 (the “Website” or “ideaTRE60” or the “Service”).
This Website is the property of Fondazione Italiana Accenture, headquartered in Via M. Quadrio 17 – 20154 Milan; Tax ID 97317310155.
Please carefully read these Terms and Conditions of Use (“Terms”) before you use and/or subscribe to this Website.
By subscribing to this Website and using the services it enables, you declare that you unconditionally accept these Terms in their entirety. Nonacceptance of these Terms precludes registration on and use of this Website.
WHERE A PARENT, GUARDIAN OR LEGAL TUTOR CONSENTS TO THE REGISTRATION OF A MINOR IN THEIR CHARGE ON THIS WEBSITE, SAID PARENT, GUARDIAN OR LEGAL TUTOR ACCEPTS TO BE BOUND BY THESE TERMS IN RESPECT OF ALL USE OF THIS WEBSITE BY THE REGISTERED MINOR.
This service contract is legally binding between the Parties pursuant to Civil Code Art. 1372, par 1 (Contact Validity).

2 – Subject

IdeaTRE60 is the online platform created by Fondazione Italiana Accenture to develop and carry out social innovation projects through idea sharing. Young talents, the world of research, organizations and business meet on ideaTRE60 to activate collective intelligence and deliver concrete projects through competitions for ideas.

3- Definitions

"User" means the person or entity who accepted the Terms by registering on this Website and who is deemed to have read, understood and accepted these Terms. “User” does not include occasional visitors to the Website who do not register but who are required to observe correct behavior while interacting with the Website. FIA shall not be held responsible for any unlawful use of the Website by third parties.
"Contents" means texts, messages, ideas, concepts, presentations of ideas, suggestions, stories, renderings, elaborations, formats, graphics, photographs, drawings, videos, audiovisual work, songs, jingles and musical compositions, sound recordings, program formats, characterizations, name, similarity, voice, username, profile, actions, appearance, performances and/or other information or biographical material or any User and/or other person, and/or other similar materials that Users may forward, publish, upload, post, integrate, display, communicate or distribute in any other manner (collectively, “upload”) on or through the Website.
"Upload" or “Post” means the operation that Users carry out using the Website procedures to make their content available on the Website.

“Share” means an area of the Website or Website functionality that enables Users to upload Content in a manner that makes it visually available to one or more Users or visitors to the Website, for example through chat rooms, online noticeboards, instant messaging, web conferencing, virtual community spaces, profile pages, conversation pages, blogs or email.

4 – Service Modality

FIA or third parties may modify the procedures through which Service is provided to take account of technological progress without necessarily advising Users in advance or seeking their consent.
FIA reserves the right to suspend/terminate/modify without notice the provision of the Service described in these Terms, without thereby giving rise to any basis for claims by Users or third parties.
FIA reserves the right to suspend the Service without notice to conduct ordinary and extraordinary maintenance work on the platform, without thereby giving rise to any basis for claims by Users or third parties.
FIA denies all responsibility that may result from discontinuous provision of the Service in the event of Service discontinuity that this not due to fraud or gross negligence by FIA.
Special conditions apply to certain services provided on ideaTRE60, for example specific rules may apply to certain competitions, activities or functionalities. Said special conditions are clearly stated and published in respect of the relevant service and are in addition to these Terms. In the event of conflict, the special conditions shall prevail.

5 – Access to Service

To access our Website and Services, Users are required to register on ideaTRE60. Registration is necessary before Users can upload Content.
In the absence of full and unconditional acceptance of these Terms, it will not be possible to successfully complete the registration procedure.
By registering on this Website, Users declare that all data they provide are correct, accurate and honest. Personal data that refers to third parties are deemed false.
General access to the Website is subject to the express or implied reading and acceptance of these Terms.
User access and option of uploading material is subject to the User’s reading, understanding and unconditional acceptance of these Terms and our Privacy Statement regarding personal data.
By accepting these Terms, the User agrees not to harass other Users or infringe rights that are proprietary to others.
Users agree to use this Website solely and exclusively for their own persona purposes. It is strictly forbidden to use this Website for commercial purposes or for purposes which are or may be unlawful or harmful to FIA or other persons or entities as determined exclusively by FIA.

 

6 - Content

Users can upload Content only after the User registration process has completed successfully.
FIA declines all responsibility for inappropriate or unlawful use of login credentials and for their disclosure to third parties by a User. By accepting these Terms, Users declare that they accept personal responsibility for the use of their login credentials and that they will indemnify FIA in any related claim or action.
Users accept that by uploading Content, all of part of said Content will be also be accessible to occasional visitors to the Website who may not be registered Users.
By accepting these Terms, Users declare under their own responsibility that all persons whose images appear in any Content they upload are legally Adults.
Users retain proprietary rights over any material they upload and are consequently responsible in civil, administrative and criminal law.
There is no upper limit on the number of contents a registered User may upload.
Content which is ultimately regarded by FIA as incompatible with the themes addressed on IdeaTRE60 or in conflict with the Terms may be removed without notice.
FIA and all subjects in any way involved in delivering the Service provide no guarantee that any content which Users disseminate through the Platform is either correct or compliant with the law.
FIA shall not be held responsible for inappropriate use of the Platform by Users that may result in damage to third parties and give rise to legal responsibility in civil, administrative or criminal law. Any such responsibility shall lie with the User who by accepting these Terms exonerates and indemnifies FIA in any claim or action for damages raised by the User or by third parties.
Users shall not use the Platform to disseminate content which is, or may be held to be, defamatory, libelous, racist, blasphemous, propagandistic, political, terrorist, discriminatory, sexist, obscene, pornographic or content of any other type which is prohibited and/or is accessory to anything unlawful under civil, administrative or criminal law.
Each User declares that he/she will indemnify and hold FIA harmless in any claim or action raised by third parties as a result of any his/her infringement by of these Terms.
Each User understands and accepts that by signing these Terms, he/she declares that he/she is fully aware that he/she alone is fully responsible for any content he/she uploads to the Platform.
Users guarantee that use by FIA of content they upload does not any infringe third party rights.
Users acknowledge that they are aware that FIA does not have any power of control and/or supervision over content that Users upload to the Platform.
Users unconditionally accept that in the event of infringement of any of the above, content they uploaded will be removed from the Platform without notice and that in the most serious cases their registration as Platform Users will be revoked.
Users agree to indemnify and hold FIA harmless from any negative consequence that derive from content they have uploaded to the Platform including but not limited to damages of whatever nature and any costs including legal costs incurred by FIA.
FIA shall not be held responsible in the even that viruses or other malware are spread through content that Users have uploaded to the Platform.
Users accept that by using this Website, they may encounter content that they consider offensive or contrary to their principles and beliefs. Users fully exonerate FIA from any related blame and/or responsibility.
The Service is provided to Users in the absence any guarantees on the part of FIA. FIA has no obligation to satisfy the expectations of individual Users and does not guarantee uninterrupted service or the reliability or accuracy of User searches or requests for information. FIA provides no assurances in respect of the reliability of Platform software, especially third party software.
The fact that FIA hosts certain content on IdeaTRE60 does not necessarily mean and must not be interpreted as necessarily meaning that FIA fully or partially shares the principles and values that content embodies.
FIA reserves the right to review, edit and/or refuse to publish any Content uploaded, excluding private chats and instant messaging. Merely by way of example, Content uploaded that is noncompliant with these Terms may be subject to checks without notice at our sole discretion and absent any obligation to perform such checks or monitor the Share area. In the event FIA elects to review Content uploaded, the publication of said Content in the Share area may be delayed in order to carry out the review. If FIA has questions regarding the Content, including for example questions regarding copyright, we reserve the right to contact the relevant User to obtain extra information and to verify that said User is the owner of the copyright or is otherwise legally entitled to publish the Content under review.
Users acknowledge and accept that while using this Website, they may be exposed to Content uploaded from various sources and that FIA-Fondazione Italiana Accenture is not responsible for the accuracy, usefulness, security or proprietary rights attached to Content published on ideaTRE60.
FIA cannot, and does not, warrant that the behavior of other Users of this Website is compliant with these Terms. Users may be exposed to material that is inaccurate, indecent, offensive or otherwise questionable. Given these Terms as stipulated by FIA and accepted by Users, Users assume all and any risk of personal damage which may derive from any such noncompliance.

7 – License to Use Content

By accepting these Terms, the User

  • Declares that he/she is the legitimate owner of the Content he/she interns to upload and of everything contained and represented in said Content; that he/she has already obtained any third party permissions or authorizations required in order to make legitimate use of the Content; and has paid said third party in full any fees, royalties or monies the third party may require.
  • Grants FIA free of charge a permanent, nonexclusive license to use and commercially exploit Content he/she uploaded and related discretionary rights to sublicense.

FIA may use Content for any purpose directly or indirectly related to the social objectives of FIA such as, merely by way of example, special events or initiatives to which the User may not object or raise any claim or action of any type including any claim or action seeking monetary compensation.
FIA may use, reproduce, adapt, publish, distribute and exploit Content to the fullest legitimate extent in respect of any purpose related to IdeaTRE60 and the current and future social objectives of FIA. FIA may wholly or partially redistribute Content in any format and through any channel. “Channel” here means any existing or future telematic, electronic, digital, radio, television, mobile means of communication in the widest possible sense.
The User declares that he/she is the legitimate owner of any copyright and intellectual property rights attached to Content he/she uploads to IdeaTRE60 and/or has obtained the relevant third party permission or authorization to upload such Content. FIA, as mere service provider, shall in no way be responsible in respect of any Content uploaded that infringes any such third party rights. Said third parties may however notify FIA if their legal rights have been infringed and may request FIA to remove the infringing Content from the Platform.
Any third party distinguishing signs in any Content uploaded remains the property of the relevant third party proprietors. Responsibility for damages deriving from improper, unauthorized or unlawful use of distinguishing marks or signs proprietary to other parties lies with the User who uploaded the Content who, by accepting these Terms, accepts said responsibility entirely.
The User declares that he/she has not assigned or granted a license to third parties to make use of any rights cited in this paragraph.
The ideaTRE60 platform, net of Content uploaded, is and remains solely and exclusively the property of FIA. All unauthorized use is expressly prohibited.
Third party permission or authorization to use Content subject to copyright or other intellectual property rights must be fully and unconditionally in place at the time the related Content is uploaded to ideaTRE60 and must remain valid and enforceable for as long as said Content is present on the Platform. The responsibility for ensuring that third party permission or authorization is valid for the entire period lies solely and exclusively with the User.

8- Creative Commons License

By accepting these Terms, the User expressly acknowledges and accepts that the intellectual property rights attached to Content uploaded to ideaTRE60 is subject to the “Attribution-Non commercial-Non derived works 2.5 Italy” Creative Commons License, which the User can read here:
http://creativecommons.org/licenses/by-nc-nd/2.5/it/legalcode
In summary, under the above license terms, the User uploads Content for the express purpose of making it available on the Website so that any other User (?) may reproduce, represent, execute, distribute, communicate it to the public or display it to the public on the following terms:
• the inventor/creator of the Content must be identified;
• the Content must not be used for commercial purposes;
• the Content must not be modified or transformed or used to create derivative content.
The User declares that he/she: (i) is the either owner of the Content he/she uses the Services to publish on this Website or has been permitted or authorized to publish it; (ii) using the Services to publish the Content does not infringe third party intellectual property rights; (iii) images and/content do not infringe the rights guaranteed by Legislative Decree 196/03 (“Privacy Law”) to safeguard personal data; (iv) to the best of eth User’s knowledge, publication does not infringe any other third party rights over the Content. The User agrees to pay, or reimburse, FIA for any sum that FIA may be called on to pay in respect of intellectual property rights, royalties, taxes, duties or other amounts possibly accruing to third parties by reason or as a consequence of the User’s use of the Services to publish Content, as well as any costs including legal costs FIA may incur on account of any of the above.

9- Prohibited Information, Activities and Content

It is strictly prohibited to use the Services to publish any of the unlawful, inappropriate or offensive types of Content listed below. This list is for example purposes only and is not, and must not be deemed to be, inion exhaustive. FIA prohibits the publication of Content which in its unchallengeable opinion:
1. Is manifestly offensive or which incites racism, intolerance, hate or physical violence versus any group, community or individual;
2. Harasses or incites harassment versus another individual;
3. Incites the exploitation of persons to commit violence or for sexual purposes;
4. Contains text, images or other material that is pornographic, violent or offensive, or which includes one or more links to an Adult rated website;
5. Seeks to obtain the personal data of minors;
6. Includes telephone numbers, addresses, last names, URL or email addresses;
7. Includes information that is notoriously false or misleading, or which instigates the perpetration of unlawful acts or the adoption of unlawful behaviors which may be constitute abuse, threats, obscenities, defamation or libel;
8. Encourages or appears to encourage unlawful or unauthorized copies of third party material protected by copyright or intellectual property rights by offering, for example, counterfeit computer programs or links to counterfeit computer programs; by providing information on the deactivation of safeguard mechanisms installed by manufacturers on electronic devices; or by offering counterfeit music or links to files which include counterfeit music;
9. Involves the transmission of undesired electronic mail, email chains or unsolicited mass mailings, instant messaging, spimming or spamming;
10. Includes pages to which access is restricted or which requires a password; or hidden pages or images which are not linked to/from other pages that are accessible without restriction;
11. Incites or instigates the perpetration of unlawful actions or activities, or provides information and/or instructions regarding unlawful actions or activities such as, merely by way of example, the production, assembly, purchase or procurement of arms the possession of which is prohibited by law; violation of the privacy of other persons; or the dissemination and creation of information viruses;
12. Requires other Users to disclose passwords or personal data which would make it possible to discover their identity for commercial purposes or for purposes not permitted by law;
13. Involves commercial activities and/or sales-related activities without the prior written consent of FIA, such as, for example, competitions that offer prizes or rewards, lotteries, swaps or exchanges or goods, advertising, pyramid or Ponzi schemes;
14. Includes photographic images of other persons published without the consent of the persons portrayed.

 

Similarly, the following are also prohibited:
A. All unlawful and illegal activity including child pornography, exchange of obscene material, drug trafficking, fraud schemes, gambling, threats, harassment, spamming, spimming, dissemination of information viruses or malware, infringement of copyrights or patents, theft of commercial secrets.
B. Uploading and publication by any means on the Website of images, photographs, videos, music files proprietary to third parties and/or protected by patents, copyright or intellectual property proprietary to someone other than the User who uploads or publishes them;
C. Uploading and publication of trademarks, distinguishing signs, logos, plans, models, maquettes, sketches, patterns, drafts, drawings and technical drawings which are proprietary to parties other than the User or are subject to rights of exclusivity proprietary to a party other than the User who uploads or publishes them.
D. Advertising, announcements or promotions make use of the Services to target Users for the purpose or promoting the purchase or sale of any product or service. Similarly, also the use of any information obtained through the Services for the purpose of contacting, publicizing, promoting or selling products or services to other Platform subscribers without their express consent constitutes a violation of these Terms.
E. Use of HTML/CSS code or other means to publish advertising or promotional banners on the User’s personal profile page or on any page of the Website.
F. Any automated use of the Services including the use of scripts to add friends or forward comments or messages.
G. Overloading, interfering or tampering with the Services of the networks used by the Services.
H. Attempts to impersonate another Website User or other person.
I. Use of Website accounts, usernames or passwords of another User; disclosure of User’s own password to third parties or enabling third parties to access the User’s account.
J. Sale or assignment by any means of the User’s User profile.
K. Use of any information obtained through the Services, to threaten, harass, abuse or in any way cause damage to any other person or persons.
L. Display promotional messages in User’s own profile or request economic or other compensation from other Users in exchange for exploiting the Services to execute any commercial activity on their behalf such as, for example, uploading promotional material on said User’s profile page, posting to blogs or sending BBS messages for commercial gain.
M. Upload, publish, send, share or disclose material that contains information viruses, hostile code, files or programs created to interrupt, destroy or hamper the correct functioning of software and hardware, or which are capable of compromising the integrity, correct functioning and online communication on the Website.
N. Use of the Services in any way that is not permitted by law and applicable regulations.

10 – Breach of Terms

At its unchallengeable discretion, FIA may:

- Temporarily suspend from the Website and the Services any User who has breached these Terms, however marginally;
- Ban from the Website and the Services without notice any User who has committed serious breaches of these terms.
Where FIA ascertains that a User is noncompliant with any single declaration contained in these Terms, FIA reserves the right to take the action FIA considers appropriate including reporting the incident to the police.

11 – Withdrawal

The User may at any time and without explanation withdraw his/her subscription to the Website by accessing the “Modify Your Profile” section and clicking the link “Cancel Your Subscription to ideaTRE60”. FIA will remove the User’s subscription without delay and, if requested by the User, will delete the User’s personal data and Content the User may have uploaded to the Website. The User may also request FIA to delete the above data by sending an email to info@ideaTRE60.it

12 - Links

FIA declines all responsibility for hypertextual links that any Content may contain. By accepting these Terms, the User declares that he/she is aware that FIA may not be in contact with the websites to which such links lead, has no control over them and may not share or endorse the vision, principles, values or goals of the website owner or operator. FIA therefore has no responsibility in connection with any of the above regardless of the nature of any claim of action.

13 – Complaints and Reports

Complaints or reports about any matter regarding Content which is, or may be, unlawful or an infringement of the rights of others can be sent at any time
by email to: info@ideaTRE60.it
or by registered letter with delivery receipt to:
Fondazione Italiana Accenture
Via Maurizio Quadrio, 17
20154 Milan.


14 - Disputes

Any matter that is not expressly contemplated by these Terms shall be settled by the laws of Italy.
Any dispute which may arise between a User and FIA regarding the Website and/or the Services shall be submitted for resolution by the Court of Milan.


15 – Partial inefficacy

Where a competent Court or Authority declares any part of these Terms to be void, voidable or unenforceable does not thereby render the Terms in their entirety void, voidable or unenforceable.
The amendments suggested by the Court or Authority that reflect the meaning originally intended shall be incorporated herein to supersede and replace the part of these Terms deemed void, voidable or unenforceable in such a manner as to render them valid, binding and enforceable.

16 – Modification of the Terms

FIA reserves the right to modify these Terms at any time.
An updated version of the modified Terms will rapidly be made available on this Website.
The User agrees to receive email communications regarding the provision of the Service and any modifications thereto.

17 - Efficacy

The Terms come into effect and apply to the User and all Content he/she uploads from the time the User successfully subscribes to the Platform and remain in force and enforceable for as long as the User is registered as a subscriber. These Terms may subsequently be modified or replaced and any such modification or replacement shall supersede the present version of these Terms.


January 15, 2016