In the following terms and expressions will assume, within this document, in its attachments, and in the phases of execution of the contract, the meaning indicated below for each one of them, which will remain the same for both singular and plural.
“Database”: means data collections or other independent elements, even if not systematically or methodically arranged and individually accessible by electronic or other means.
“End Users”: means the Licensee’s customers which may indirectly benefit from the License;
“Hardware”: means the physical and material part of a computer, that is all the magnetic, optical, mechanical and electronic parts that constitute it and allow it to function, as well as the relative documentation that may allow, even potentially, its realisation;
“Intellectual Property Rights” shall mean all intellectual and industrial property rights which may arise, including but not limited to, from patents, trademarks and other distinctive signs, designs, Service, trade secrets and any other company information and technical-industrial and commercial experience, as well as any other intellectual property rights, including rights of database maker.
“License”: means this user license agreement;
“License Key”: shall means the code provided to the Licensee in order to activate the services referred to on the flashbeing.com web site;
“Licensee”: the single party to whom the Service is licensed;
“Licensor” or “Owner”: means FlashBeing s.r.l., located at Via Leonardo da Vinci 2 / C - Bolzano (Italy), VAT. 02834950210, share capital Eur. 100,000.00, of which paid 100,000.00, email firstname.lastname@example.org, tel. 3471410249;
“Service”: the opportunity to make use of the services referred to on the flashbeing.com web site;
“Site”: means flashbeing.com;
“Software”: means an expression of an organised and structured set of instructions or symbols capable of directly or indirectly having a predefined function, a task or a result executed or obtained by means of an electronic information processing system, be it performed represented in the expressive form of source code or executable. Under the License, the term Service identifies any computer program (regardless of version or release), firmware, protocol, development kit, library, documentation, standard, format, architecture, language, Database.
By means of the License Key and subject to the terms and conditions of the present License, the Licensor shall grant Licensee a limited, non-exclusive and revocable right to use the Service, in object code for internal business purposes only. Nothing in this License will be deemed to grant Licensee any additional right, title or interest in the Service or in any other work embodied in the Service or related materials supplied to Licensee by Owner. It is understood that the Licensee shall use the Service, at his own risk and according to its own preferences and guidelines.
Licensor shall be entitled to suspend the License, subject to 12 hour-prior written notice to the Licensee, for security reasons.
Each User has the right to create, upload and publish content (eg: photos, texts, music, videos, and other content that can be uploaded in accordance with the Terms of Service, etc.) on the site or to publish third party content accessible on-line under your account (hereinafter "User content") in accordance with the Terms and Conditions.
The User agrees:
a) not to upload materials protected by intellectual and industrial property rights lacking authorization of the holders of these rights;
b) verify that any link or framing or referrals of any kind to sites or third-party content that the user intends to make is allowed by the above third;
c) not to upload viruses, malware, trojans, or other malicious code;
d) not to sell any type of products and services on the Site;
e) not to spam and post unauthorized commercial communications on the Site;
f) not to offend, insult, defame, disparage, threaten, intimidate or harass other users or third parties, including non-users of the Site;
g) not to post defamatory, offensive, pornographic, racist, classist, sexist content or content containing hate speech or violence or relating to nudity or gratuitous violence;
h) not to promote the use of drugs, psychotropic substances or alcohol consumption;
i) not to spread personal data of third parties without the necessary licenses and / or in a manner contrary to the law through the Service;
j) not to promote sweepstakes and prize contests;
k) not to promote gambling, games of chance or games of skill with cash prizes;
l) not to undertake multi-level marketing actions contrary to the law (I.E .: pyramid schemes and the like);
m) not to perform, promote or sponsor cyber-attacks of any type and sort to the Site, to other users, third parties or to other sites or computer systems;
n) not to use the Site to perform any type of illegal activity or that would violate the rights of others in any way.
The User represents and warrants that he or her has obtained from all stakeholders and / or holders of rights to the User Content (including rights guaranteed by the Personal Data Protection Code, Legislative Decree no. 196/2003 and the law on the author’s rights, L. 633/1941) the necessary consents and authorizations, for the duration of their publication and utilization by the User.
The User is solely responsible for the User Content uploaded or published on the Site and any, effect, consequence, claim or damage caused by publication through the Service or the storage of such on the Site.
The Licensor, without prejudice to any other remedy available to it under the law or under the Terms, at all times reserves the right, but not the obligation, to remove and remove any User Content without notifying the User, if it believes, in its sole discretion, that the User content violates these Terms and Conditions or the law.
Users may not modify, circumvent or violate in any way any security measures of the Site provided by the Licensor to protect the integrity of the Site and the Service, for the protection of other users and for the protection of third parties or the law.
Temporary acts of reproduction without economic importance of their own which are transitory or ancillary in nature and an integral and essential part of a technological process, performed for the sole purpose of allowing the correct execution of the Service, are expressly authorised.
Without prejudice to articles 3.1. and 3.2. and unless otherwise provided in the License, Licensee shall not: (i) sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, make any commercial use of, outsource, use on a timeshare or service bureau, or use in an application service provider or managed service provider environment, or otherwise generate income from the Service; (ii) without prejudice to article 5 and unless otherwise provided in the License, cause or permit the decompiling, disassembly, or reverse engineering of any portion of the Service, or attempt to discover or permit the discovery of any source code or other operational mechanisms of the Service.
The Licensee may, at any time, make a backup copy of the Service, if such copy is necessary for its use.
The Licensee is granted the right to observe, study or test the functioning of the Service, in order to determine the ideas and principles upon which each element of the Service itself is based. In this event, Licensee undertakes to communicate the results of these operations to the Owner, in order to improve the Services and the Service.
If Licensee wishes to make the licensed Service interoperable with other Service, documents and/or document standards of third parties, it shall communicate this intention to the Owner, by means of a detailed communication, which shall contain every element suitable for defining an application or documentary interoperability framework. The Owner, if deemed necessary, may request further information that the Licensee is obliged to provide and shall be entitled - but not obliged - to provide the Licensee with information necessary to achieve this interoperability. In case the Owner does not provide the information requested, the Licensee will be able to perform the activities admitted by applicable law, if necessary, in order to achieve interoperability, subject to the above conditions:
In any case, the information obtained according to art. 5.1 are subject to the following limitations:
We do no share any data or analytics with third parties.
Unless otherwise agreed, the Licensee shall not share the Service (including supply, sell, rent, sublicense lease, use, download, access, copy, disseminate, distribute, circulate, publish, display, reproduce or otherwise exploit whether for profit or not), with a third party who is not subject to the terms of License provided that the Licensee may provide the Service to End Users, when necessary for the functioning of the Service, by means of a specific agreement that:
During the execution of the License, FOSS could be used, as well as be made available to the Licensee. If requested, a list of such Software shall be provided to the Licensee. The Licensee declares to know and accept the license conditions indicated therein, including, in particular, the warranty limitations.
If the FOSS license allows to withhold all rights related to the Software and its source code (as MIT and X11 license), the Owner shall retain all rights on the Software, without any obligation to communicate its source code.
The Licensee waives any right to raise claims regarding the validity of the License.
In the event of a conflict between the License and terms of the FOSS license, the latter shall prevail.
Without giving notice to the Licensee, the Owner shall be able to embed effective technological protection measures, including Digital Rights Management (DRM), in the Service, which include all the technologies, devices or components that, in the normal course of their operation are intended to prevent or limit acts not authorised by the Owner.
Without giving notice to the Licensee, the Owner is allowed to embed electronic information about proprietary rights, in the Service.
The Licensor is not responsible for the content of external third-party websites to which the Company refers via links from the Site or through hypertext links of any kind.
The Licensor does not warrant or represent that the content or represented at the sites of third parties referred to in art. 10.1. is true, accurate, complete, authentic, or in line with the rules and regulations applicable to content, services, activities represented in these sites.
The Licensee shall notify the Owner immediately of any unauthorized use of any password or account or any other known or suspected breach of security or misuse of the Service. The Licensee is responsible for use of the Service by any and all employees, contractors, or other users (other than End Users) that it allows to access the Service and shall ensure that all above users are subject to confidentiality and shall use provisions at least as restrictive as those contained herein, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with each use of the Service.
Owner owns and shall retain all Intellectual Property Rights, worldwide, related to the Service, regardless of whether or not protected by patent, with the exception of FOSS included therein.
Except as explicitly provided herein, the Licensor expressly disclaims any and all other representations and warranties, either express, implied, or otherwise with respect thereto, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, or the continuous, uninterrupted, error free, virus-free, or secure access to or operation of the Service. The Licensor expressly disclaims any warranty as to the accuracy or completeness of any information or data accessed or used in connection with the Service.
The Term is perpetual until termination by either Party pursuant to art. 14.2.
Either Party has the right to withdraw from the General Conditions at any time with prior notice of 15 (fifteen) days, to be communicated by email.
The Licensor may at any time suspend the Licensee’s account and therefore to prevent the latter from using the Service if it believes that the Licensee has violated the Terms and Conditions.
(i) By Licensor. Licensor agrees to indemnify, defend and hold harmless Licensee from any third Party suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorney and accounting fees) that Licensee may sustain or incur arising from infringement or misappropriation of the Service or the use thereof of any Intellectual Property Rights of a third Party, provided that Licensee complies with the terms of paragraph (iii) below. In the event that the Service is, or in Licensor’s sole opinion is likely to be, enjoined due to the type of infringement described in this article 17, Licensor, at its option and expense, may (a) replace the applicable Service with functionally equivalent non-infringing technology or (b) obtain a license for Licensee’s continued use of the applicable Service, or, if the foregoing alternatives are not reasonably available to Licensor, (c) terminate the licenses and refund any sums prepaid for the remainder of the Term, if any. THE FOREGOING PROVISIONS OF THIS SECTION STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF LICENSOR AND THE EXCLUSIVE REMEDY OF LICENSEE, WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE SERVICE.
(ii) By Licensee. Provided that Licensor complies with the terms of paragraph (iii) below, Licensee agree to indemnify, defend and hold harmless Licensor, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from Licensee’s violation of this Agreement.
(iii) Indemnification Requirements. In claiming any indemnification under this article 17, the indemnified Party shall promptly provide the indemnifying Party with notice of any claim that the indemnified Party believes is within the scope of the obligation to indemnify. The indemnified Party may, at its own expense, assist in the defence if it so chooses, but the indemnifying Party shall control the defence and all negotiations relative to the settlement of any such claim. Any settlement intended to bind the indemnified Party shall not be final without the indemnified Party’s written consent, which consent shall not be unreasonably withheld or delayed. Notwithstanding the terms of article 17, Licensor will have no liability for any infringement or misappropriation claim of any kind to the extent that it results from: (i) modifications to the Service made by a party other than Licensor; (ii) the combination, operation or use of the Service with equipment, devices, Service or data not supplied by Licensor, if a claim would not have occurred but for such combination, operation or use; (iii) Licensee’s failure to use updated or modified Service provided by Licensor.
Nothing in the License shall exclude or limit Licensor’s liability for wilful misconduct or gross negligence, as well as any other liability which cannot be excluded by law.
The License voids and replaces any previous agreements relating to the license of the Service. Should the nullity and / or invalidity of any of the clauses contained herein be declared by law and / or by any public authority, the remaining clauses will be considered valid and effective. In interpreting the License, it is necessary to investigate what the common intention of the Parties was, to be evaluated according to the behaviour held during the execution of the contract and to the communications occurred through the official communication channels designated for this purpose. When in doubt, the individual clauses of the License must be interpreted in the sense in which they may have some effect, rather than in the sense in which they would have no effect; any ambiguous clauses are interpreted according to what is generally practiced in the Licensor business area.
The provisions of the License cannot be interpreted in such a way as to allow their application to unduly prejudice the Licensor’s legitimate interests as well as to be in conflict with the normal exploitation of the Licensed Service.
This License shall be interpreted and construed according to, and governed by, the Italian law without giving effect to any conflicts of laws and principles that would require the application of the laws of a different jurisdiction.
All disputes arising between the Parties in connection with the interpretation, validity and performance of this License shall be submitted to the exclusive jurisdiction of the Court of Milan, without regard to conflict of law principles.
If any provision of this License is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as closely as possible the same economic effect of the original provision and the remainder of these will remain in full force and effect.
Each party shall comply with all applicable export control laws and regulations with respect to all Service provided hereunder.
Maintenance and support services related to the Service will be regulated by separate agreement.
The Licensor in compliance with directive (EU) 2016/1148 (NIS), undertakes to comply with the indications provided by the competent national authorities, the contact points, and the computer security incident response teams (“CSIRTs”), in relation to each request for intervention following each event that has had a real detrimental effect on the security of the network and information systems.
The processing of personal data carried out for the purposes of the License, in compliance with Regulation EU/2016/679, shall be performed in accordance with General Data Processing Agreement.
The following is the description of how the Personal Data of Users who access the site flashbeing.com (the "Site") and, upon registration, enjoy the services provided by FlashBeing S.r.l. through the Site ( "Users"), is treated. It is in FlashBeing’s interest to provide Members of the Site services geared in respect of User Data protection and to enable each User maximum possible control of their privacy in all of the Data processing steps on the Site: from creation of the User’s profile (the User being able to freely choose what information to enter), the sharing of their Data (by having the User retain the utmost discretion in choosing how they share or don’t share their profile and the content generated by the using the services ), the cancellation of their Data (in fact, the possibility of obtaining the full and effective deletion of their profile is guaranteed to every User).
The Data Controller is FlashBeing S.r.l., ("Company" or "FlashBeing") with registered office in Via Leonardo da Vinci 2 / C - Bolzano (Italy), C.F./P.IVA: 02834950210, phone: 3471410249, email: email@example.com.
Data Protection Officer: firstname.lastname@example.org.
For the consultation of the public pages on the Site it is not required for the User to transfer any Personal Data. However, any contact with the Company through optional, explicit and spontaneous messages, through conventional post or e-mail, to the Company's address listed on the site involves the acquisition, including the e-mail address, the sender or the relevant telephone number, necessary to respond to requests, and any other Data included in the aforementioned communications. This Data will be used only to act on the User's request and may be disclosed to third parties only in the event it is necessary for that purpose. This Data is kept for the time necessary to provide the required service to the User and will not be disclosed.
For the purpose of use of the services the User is required to register on the site. The Treatment will focus on operations, or set of operations (such as but not limited to: collection, recording, retrieving, organizing, storing, processing, communication, modification, selection, usage), relating mainly to the Data provided by you at registration and / or during the use of services:
a) User identification Data and contacts acquired during the registration and the User account management, including:
*some Data essential to registration (eg. name, surname, password and phone number); *some totally optional and functional Data used exclusively to manage your account (eg. name, address, telephone and electronic contacts, gender, date of birth, photo and language);
b) information related to the User’s profile, optionally provided by the User to create their own profile, including:
*nickname, information concerning the employment, education, relationship status, obtained certificates, interests, clubs; *Any tax code / VAT if the User opts to make use of services in relation to their professional activity and / or business;
c) if the User decides to log in via social applications (such as Facebook Connect, Twitter), some Data made public by the User on their social network profile (such as, but not limited to: name, surname, gender, city and email address, language, photography). The Treatment will be limited to the type of Data required for the traditional registration on the Site and User Account Management. The use of this method of access will not involve any Data communication to any social network by the Company;
d) Data relating to the content uploaded to / or shared on the Site, the User interaction with the Site and / or the other of the Site Users (for example, photographs, searches, stream, listened music, watched pages and videos, events which the User takes part in, comments, messaging, popular places, history). This Data will be used solely to make the services and the User interaction with the community available, in accordance with the sharing mode specifically selected by the User;
e) any Data relating to the User's geographical position, in order to provide location-based services to them (for example, the search for places of interest or like-minded people based on their location). In fact, if the User chooses to use this feature and share their location with other community members, the Site will receive information as to the position of the User, whose Data will be used exclusively to provide the service and will only be retained for the time necessary for this purpose;
f) eventual Data of third parties which, while not using the functionality of the site, can still be acquired by the Company as entered by the User in their conversation threads or into the content uploaded to the site. This Data, which may only be entered if the person to which they refer has been informed by the User and allowed its inclusion, will not be subject to active Treatment by the Company and will only be kept for the time necessary for the services in which the User inserted such Data. It is understood that, in case of violation of rights of third parties, the Company may at any time remove such content in cases and respecting the limits provided by the law.
The Personal Data will be collected and processed for the purposes and in the manner set out below:
In relation to the purposes of paragraph (1) and (2), the Data marked as mandatory at registration (or in other circumstances in which the User is required to give information) is necessary to access the services offered by the Company and any refusal of providing said Data implies the impossibility to use the services. It is not necessary to acquire the User’s consent for such purposes. The conferral of any Data, such as Data relating to the User's profile, other than those required, is entirely optional and free and the potential withholding does not prejudice the possibility for the User to use the services in any way. In such case, the User could however not be able to make full use of some functionalities that due to technical constraints require the transfer of some information (for example: in case of a proximity search for people based on their education, since if the User has not added at least basic information in the specific field of their profile, the site will not be able to return any results).
The computer systems and software used for the functioning of the Site collect some Personal Data whose transmission is implicit in the use of Internet communication protocols (eg. Of the computers used by User names or IP addresses that connect to the site, URI -Uniform resource Identifier- of the requested resources, time of request, method used to submit the request to the server, size of the file obtained in reply, numeric code about the status of the response made by the server -success, error, etc. - and other parameters regarding the operating system and computer environment). Although this is information that is not collected to be associated with specific individuals, due to their nature could, through processing and association with Data held by third parties, permit the identification of Users. This Data is used only to obtain statistical information, not associated with any given User ID, on the use of the Site and to check its correct functioning and is deleted immediately after processing. The Data could be used to ascertain responsibility in case of possible computer crimes against the site; except for this possibility, the Data on web contacts is not stored for more than seven days.
What is a cookie? Cookies are small text files that websites visited by the User send to his terminal, where they are stored before being retransmitted on the next visit to the site by the User.
Cookies can be used for different purposes depending on the sites on which they are installed; they can fulfil the purposes of computer authentication, monitoring of sessions and storing specific information about Users accessing the server.
They include the navigation or session cookies, analytical cookies (analytics) and functionality cookie which do not require your consent for their installation and usage.
In particular, the Company uses "strictly necessary" cookies for the technical operation of the Site (such as the navigation and session cookies to remember if the User is authenticated, to store their preferences in relation to the sharing mode of their Data, preferences on the platforms, etc.) and to provide services explicitly requested by the User (for example, keeping the User authenticated on the site even after the expiration of the session, the storage of browsing language, preferences on the platforms, etc.).
The site also uses so-called "Analytics" cookies to analyse the accesses / visits to the site exclusively for statistical purposes, by collecting information in aggregated form to collect information about how the site is used(for example: to know from which Site the User has arrived on the website, etc.) and enable the Company to improve the quality of the site and its services by measuring the information on the use of the site and any errors that occur when Users browse.
However, please note that disabling strictly technical cookies may prevent you from benefiting, in whole or in part, from the services and features of the Site.
For the accomplishment of those objectives, the Company’s Site management and maintenance personnel, support staff, administrative personnel could have access to Data collected, as well as staff of other companies that, as managers of Data processing, provide services to the Company (for example, computer services providers of platform hosting and maintenance).
In addition, because of the type of services provided, the Data that the User has chosen to share with their "friends" will be shared by the User with those who belong to his circle of "friends." The Data may be available to all Members regarding the type of information and to the extent defined by the User through the setup of their account.
Under no circumstance will the Data collected be transferred to third parties for use for its own purposes; it is understood that, in case of any extraordinary corporate transactions (eg. the sale or rental of the company), the Data may be assigned or transferred to a buying / renting third party, or anyone eligible.
Article. 7 of Legislative Decree no. 196/2003 and the UE Regulation 2016/679 grant (in this case the User), as a subject to whom the personal information refers to, certain rights, including the right to obtain at any time confirmation of the existence of such Data and to know its content and origin, verify its accuracy or request its integration, updating or correction. According to the same article, the interested party also has the right to ask the Company for the cancellation, the transformation into anonymous form or blocking of Data processed unlawfully and to oppose in any case, for legitimate reasons, to their Treatment.
To exercise these rights the User may contact the Company, through the contacts mentioned in paragraph 1, even if any suspension and / or account cancellation request can be managed through the account setup page as well.
The Data Controller responsible for the processing undertakes to adopt appropriate technical and organizational measures in order to ensure the protection of Personal Data. These measures shall guarantee, by taking into account the current knowledge on the subject and the costs of their implementation, as well as the nature, object, context and purpose of the treatment and the risk of various probabilities and severity for the rights and the freedoms of natural persons, an adequate level of security with respect to the risks presented by the treatment and the nature of the data to be protected. In assessing the adequacy of the security level, the Data Controller will pay particular attention to the risks presented by the processing that derive in particular from the destruction, loss, modification, unauthorized disclosure or accidental or illegal access to Personal Data transmitted, stored or otherwise treated.
The Data Controller, where possible, shall take appropriate technical and organizational measures to guarantee:
In order to provide our service, we use third party libraries and APIs which are licensed under the following terms: