Wallfarm provides a set of Services, among which an online space available for the Users. Using the Service, the User agrees to the Terms of Service of Wallfarm. In case of disagreement related to any term or condition or successive changes of the above-mentioned, or in case of dissatisfaction for the offered Services by Wallfarm, the only solution is to immediately interrupt Wallfarm usage.
Wallfarm has the right, but not the obligation, to rigorously enforce the Terms of Service through the community moderation and the controversy, in the appropriate legal branches.
Terms of Conditions: what is described in this document.
Website: the domain https://www.wallfarm.bio, including other subdomains, any URL or their portions.
Contents: (i) files including images, audio and/or video recording, data and/or information organized in databases and every file, documents and/or information in any format that Wallfarm make available through its Website, or Services, including any Content granted in a third-party license;
(ii) files including texts, images, audio and/or video recording, data and/or information organized in databases and every file, documents and/or information in any format transmitted, copied, sent, made available to the Website Visitors.
Service: Services that Wallfarm offers through its Website.
User: all the physical or juridical persons accessing the Website.
Personal information: all the personal informations regarding each User, including name, address and telephone number, possibly gathered through the Website.
1.2. Unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine, and vice versa.
2. WEBSITE DESCRIPTION
2.1 The Website and the Services include an online platform through which the Visitors can inspect and obtain information regarding the activities and products offered by Wallfarm Srl. Wallfarm does not have any control over the Users’ behaviour on the Website and it excludes any responsibility to the fullest extent permitted by law.
4. WALLFARM'S RESPONSIBILITIES
4.1 Disclaimer of warranties
The User agrees that the usage of the Website and the Service offered are entirely at the User’s own risk and responsibility. The Website and the Service distributed by it are provided “as they are” and “as available”, without warranties and responsibilities of any kind. All the explicit and implicit warranties, included, without limitations, the warranties of merchantability and suitability for a particular purpose are explicitly excluded to the fullest extent of the law, and to the same extent, Wallfarm declines any warranty of security, reliability, promptness, precision and performance of the Website.
To the full extent of the law, Wallfarm do not give warranties for other Services or goods received through or advertised on the Website.
To the full extent of the law, Wallfarm give no warranties and assumes no liabilities related to the transmission of viruses or other damaging components related to the Website or the Service.
4.2 Limitation of responsibility
Under no circumstances could Wallfarm be held accountable for damage to third-parties or to contracting parties resulting from the Website or Service usage, or resulting from any contract intervened among the User and third-parties. This limitation of responsibility concerns, among other damages, direct damages, indirect, accidental, special, exemplar and consequential ones, including: loss of incomes, loss of information or start-up losses; informatic damages; cost of products of replacement Services; any damage connected to personal or physical injury.
This limitation of responsibility is extended also in case Wallfarm is informed about the possibility of such damages.
The damages to which the limitation of responsibilities is related could derive from: the usage or abuse of the Website or the Service, the impossibility to use the Website or the Service or the interruption, suspension, modification, alteration, or suspension of the Website or the Service.
Such limitation is applied also in relation to the damages caused by other Services or products received through advertising or related to the Website or the Service or any link on the Website, as well as caused by information or suggestions received through or advertised relatively to the Website or the Service or any link on the Website. Such limitations are applied to the maximum extent of the law.
5. USER SECURITY AND FEEDBACK
Wallfarm is not required to verify the correct identity of its Users and cannot confirm the identity of any User.
6. CONTENTS POSTED ON OR THROUGH THE WEBSITE
6.1 User-generated contents
All the Contents posted on the Website, transmitted through, or accessible via links on the Website, are sole responsibility of the User which Contents are generated by.
The User is the solely responsible for any Content posted, email or materials otherwise made available through the Website. The User is aware that Wallfarm does not control and is not responsible for the Contents made available through the Website, and that using the Website, the User could be exposed to offensive, indecent, imprecise, illegal, misleading Contents.
6.2 Links to other websites
The Website, the Application and the Services could contain links to other websites or third-party resources. Wallfarm is not responsible for: (i) the availability or the accuracy of such websites or resources; or (ii) the Contents, products, or the Services available on or from such websites or resources. Links to such websites or resources do not imply any support from Wallfarm towards such websites or resources or Contents, products or Services available from such websites or resources. The User takes the solely responsibility and all the risks derived from the usage of such websites or resources or from Contents, products or Services on or available from such websites or resources.
Furthermore, Wallfarm is not responsible for privacy policies or practices adopted on other websites. When a User of the Website clicks on any link that is addressed to another website, the User has the responsibility to read the privacy policies of such websites.
6.3 User Authorization
As stated above, the Users irrevocably authorize Wallfarm, and/or the other Users to which Wallfarm grants the power, to use the Contents and any of their parts or elements, without any restriction, all around the world, incessantly and in any way for the entire duration of the legal protection sanctioned in every country of the world.
For illustrative, yet incomplete purposes, in the above-mentioned authorization is also intended as included the right to:
- post, spread, communicate to the public in order to grant anyone access to it anywhere and anytime they individually choose to, entirely or in part, by any means and/or technology and with any way (also interactive), currently known and/or developed in the future, the Contents through the Website;
- to the extent of the above mentioned, reproducing and modifying the Contents in any way or form to respect the technological restrictions imposed by the operating modes of the Website;
- authorize other Users of the Website to reproduce the Contents in order to make them visible on their devices using the Services and the Website.
The above-mentioned rights are intended to be granted in a non exclusive way and therefore making the User legitimated to use such Contents in any form or mode.
6.4 User declaration
The User declares to have fully and legitimately availability of all the rights related to the Contents (for a non-comprehensive illustrative purpose: copyrights, image rights and/or legal personality more generally, trade rights and other copyrights, protection of confidentiality rights, rights related to retracts, etc.) that will be posted on the Website.
The User expressly declare that whether he/she is not fully holding the rights of the Contents that he/she is going to post, he/she is expressly authorized to have availability of such Contents by third-party holders of such rights and he/she is therefore legitimated to grant the authorization to use the Contents with the extent expected in the current Conditions.
The User undertakes not to post any Content if such Content and/or its usage:
- is false, obscene, pornograhic, libelous, or it includes racist, violent, offensive, tedious information or it encourages to commit a crime or is in any case illegal in Italy or in the country where the User uses the Services or the Website or based on other laws in any case applicable;
- violates the regulations on the subject of personal information usage or on the subject of the safeguard of industrial secret and confidential information;
- requires by law the User to have authorizations, rights or requirements, and he does not have such authorizations, rights or requirements;
- violates patents, trademarks, copyrights or other third-party rights;
- contains viruses or any program or software designed to interrupt, destroy, damage or also only to limitate the functionalities of any software, hardware or network apparatus of such Services or Website;
- could be in any way detrimental for Wallfarm, its Members, the Users or third-parties.
The User guarantees the high quality of the Contents that he/she wants to post and the adequacy of such contents for the usage they are intended for.
Wallfarm reserves the right, at its complete discretion, to modify the Website and the Services, that is also to modify these Terms of Conditions, in any moment and without prior notification. In case of modifications of the current Conditions, they will be posted on the Website. Also the “Last modified date” in the footnote of the current Conditions will be updated.
Carrying on the access or usage of the Website or the Services after a publication of a modification of the Website or after a notification of a variation, the User agrees to such Conditions as they are modified. In case the User considers such modifications as non acceptable, the only possibility will be to cease the usage of the Website.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
It’s not allowed to post on the Website confidential or safeguarded information such as intellectual property rights or industrial property rights, unless it was agreed in writing.
Wallfarm respects third-parties’ intellectual property rights, and it requests the same respect from its users. If a User of the Website believes that his/her intellectual property rights or industrial property rights or others rights have been violated because of a publication on the Website by another User, the User himself, within 48 hours from the violation discovery, must immediately send a written communication to Wallfarm S.r.l..
To be considered effective, the notification must include:
- The physical or electronic signature of the person authorized to act on behalf of the holder of an exclusive right that has been presumably violated;
- The identification of the Content protected by copyright that has presumably been violated;
- Information reasonably sufficient to allow us to contact the complaining party, such as address, telephone number and, if available, the email at which the claimant party could be contacted;
- Identification of the material that is hold to be subject of illicit activities and the information reasonably sufficient to allow us to identify such material;
- A statement in which the injured party believes in good faith that the use of the material is not authorized by the holder of the copyright, by the agent in charge or by law;
- A statement in which the injured party declares that the information in the notification are accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the holder of an exclusive right, presumably violated.
Pursuant to the Resolution 668/2010 of the AgCom regarding the defense of the copyright on the web, our agent in charge assigned for communications concerning copyright violation (here-hence, Agent) can be reached where hereafter specified: Wallfarm S.r.l., Via Bigli 19, 20121, Rome.
The User agrees that when receiving a complaint notice about a copyright violation, Wallfarm can immediately remove the identified material on our Website without any responsibility towards the Users or third-parties.
The User of the Website undertakes to release, defend, indemnify and keep Wallfarm and its affiliated and associated, and their officials, managers, employees and agents unharmed from and against any claim, responsibility, damage, loss or expense, including, without limitations, reasonable legal and accounting fees, deriving from, or in any case related to:
- the access or the usage of the Website, Services or Contents on their part or the violation of the previous Terms on Their part;
- the Contents elaborated, transmitted, copied, sent, made available from Users;
- any of the following actions performed by the User:
&bnsp; a) the interaction with any User;
&bnsp; b) the request of a Service;
Wallfarm S.r.l. reserves the right, at its sole discretion, to manage the defense with another defender of its choice, against all the legal claims, lawsuits or of a different nature which require a financial compensation performed from the User, without the User could object anything.
10. RELATIONSHIP AMONG PARTIES
Wallfarm and the Users are independent parties, each of which acts on its behalf and for its own purposes. The current Conditions of Use do not create any restriction of subordination, agency, representation, association, intermediation, partnership, business relationship or franchising between Wallfarm S.r.l. and any User of the Website.
None of the clauses contained in the Conditions of Use, or in the Wallfarm’s politics, or any other material can be considered as intended to establish, create, give effect or in any case recognize a company, agency, joint venture or a business formal entity of any kind, or to create a trust relationship between the Parties.
The rights and the obligations of the parties must be limited to what expressly indicated in the current document.
11. APPLICABLE LAW AND COMPETENT COURT
The current Conditions of Use shall be governed and interpreted in accordance with the laws of the Republic of Italy.
All the litigations concerning the validity, interpretation or execution of the current General Conditions of Use will be exclusive competency of the court of Rome.
12. ADDITIONAL CONDITIONS
Wallfarm is not responsible for relationships created among Users.
The heading clauses of the Conditions of use have a descriptive function and they do not influence their interpretation;
The User agrees that the rights and the obligations Included in the current Conditions of Use, as well as the other possible documents that are incorporated in them by reference can be freely and legitimately transferred from Wallfarm to third-parties in case of merger or acquisition, or other events;
In any case, through the Website, the Users undertake to comply with all the national and international laws and with all the regulations currently in force for the use of the Services of Wallfarm in relation to the activities performed on the Website from the Users themselves. No waiver of the current Conditions of Use will be granted, without the obtained written authorization and a new contract signed between Wallfarm and the User;
All the communications to the attention of the Users will be sent at the email stated during the registration on the Website. The messages and the notifications are considered received after 24 hours the email is sent, unless a notification that the email is not valid or non functioning has been received.