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Terms and Conditions of Use

PLEASE READ CAREFULLY: REGISTRATION TO THE MY GLOBAL WELCOME PORTAL ENTAILS THE ACCEPTANCE OF ALL THE FOLLOWING TERMS AND CONDITIONS.

 

1. DEFINITIONS

1.1. In the following ‘Terms and Conditions’ the words will have the following meanings unless the context requires otherwise:

a) ‘Agreement’ means the agreement with MGW which includes these conditions for providing the service.

b) ‘Intellectual Property Rights’ means all the patents, database rights, copyrights, registered and unregistered design rights, registered and unregistered trademarks and any other similar rights.

c) ‘MGW’ means My Global Welcome s.r.l. which has its registered offices in Via della Statua no. 27, I-33050 Pozzuolo del Friuli (UD).

d) ‘Responsibility’ means the civil responsibility for any damage, claim, action, award, expense, cost and any other loss or obligation.

e) ‘Member User’ means the physical or legal person registered in the restricted area of the Website.

f) ‘Guest User’ means any subject who visits the Website.

g) ‘Publish’ means to display, also to exhibit, distribute or even disclose information, details or other material on the service and the terms ‘published’ or ‘posted’ will be used accordingly.

h) ‘Profile’ means the section that contains the details, information (also photos, videos and multimedia) on the Member User, which have been developed and published by the user same.

i) ‘Terms and Conditions’ means the terms and conditions for use of the services as provided for in this Agreement and subsequent changes and additions published by MGW on the Website.

j) ‘Website’ means the Internet portal published on the www.myglobalwelcome URL (or any other URL that may be used by MGW), including the restricted area subject to registration.

1.2. Unless the context requires otherwise, singular words mean the same as those that are plural and vice versa, just as the words in one gender also mean the same as those in the other gender.

 

2. ACCESS

2.1. Devices (computers, applications, means of telecommunications, etc.) that allow access to the Website, as well as the telecommunication costs necessary for their use are at the sole cost of the User.

2.2. In accepting these conditions, the User warrants and declares to MGW that:

a) He/she is an adult (18 years old).

b) He/she will respect all the terms and conditions of this Agreement.

2.3. Each Member User will have a private and confidential password and username that will neither be communicated nor shared with third parties.

 

3. AGREEMENT

3.1. This is a legally binding contract between the User and MGW in relation to the use of the Website.

3.2. No MGW employee, including its representatives and agents, is authorised to make declarations or provide guarantees relating to the MGW portal and its services, unless they have been confirmed in writing by MGW.

3.3. MGW reserves the right to check and to remove data, information, photographs, videos and any other material considered illegal, against public order or public decency.

3.4. MGW will have the right to refuse the registration of a Member User and to terminate membership at any time in the event of a violation of these Terms and Conditions of Use or of laws and regulations.

 

4. FEE AND PAYMENT

4.1. The fees and types of subscription are those published on the Website, except for those changed in the future that will also be published on the Website.

4.2. The User member will pay the amount due to MGW as provided for by this Agreement using the means of payment specified on the Website.

4.3. All sums of money paid by the User to MGW are not recurring. Termination of this Agreement at any time and for any reason will not give the right to reimbursement.

 

5. MEMBER OBLIGATIONS

5.1. The User will undertake to:

a) respect the current laws and the rights of third parties, with specific consideration paid to the regulations governing confidentiality and the use of personal information and intellectual property rights.

b) not communicate their Website authentication credentials (username and password) to third parties.

c) not use the Website for purposes other than those services provided.

d) enter information that is true and correct, while behaving correctly and in good faith.

e) not in any way abuse the Website or any information available on the site.

f) not attempt any unauthorised access to any information available on the Website or to any of the networks used to provide the service.

g) not publish or reproduce in any way any information or material that form part of the intellectual property rights of others to other parties, without the express approval of the owner of such rights.

h) not copy wholly or partly any information on the Website, including information contained in the profile of other members, except for the purposes provided for in this Agreement.

i) not publish, disclose or disseminate in any form information or content that will have the effect of restricting or preventing normal use of the Website, interrupt or slow down normal circulation of communications between Member Users, such as applications, viruses, trojans, sending messages containing unsolicited commercial communications (spam), etc.
j) permit, transfer, share or authorise any other person to use the User’s subscription.
k) Transmit, publish or send to any other Member User any information, message, photograph, video or other material the contents of which may be racist, abusive, threatening, defamatory, obscene, offensive, violent or incite political, racist or xenophobic violence and, in general, content in violation of the Site’s purpose, current laws and regulations, personal rights or morals. In particular, the contents and any information, data or files published or communicated by a User must refer exclusively to the User or to any person who has expressly consented to the use thereof.

l) communicate their personal information (name, last name, e-mail address, other addresses, Skype/IM user name, other user names, telephone numbers) exclusively to Member Users subscribed to the “Don’t Worry” Pro or “High Five” Premium services. 
 
6. PROFILE
6.1. The Member User will allow other Member Users to view their Public Profile as well as the information and data published by the User same.
6.2. If the Member User decides to publish or anyway divulge any confidential information about himself/herself or others, said Member User does so at their own risk and responsibility.
6.3. The Member user will be able to view the details and profiles of the other Members.
6.4. The User warrants and declares to MGW that all information that is published by him/her is true and not misleading and that he/she will regularly update such information.
6.5. MGW reserves the right to periodically review the profile, correcting it or deleting it entirely or parts of it, at its discretion.
 
7. TERMINATION OF THE AGREEMENT
7.1. The Agreement will be terminated in the event of the following:
a) if the User does not respect the Terms and Conditions of use of the MGW portal.
b) if the User’s behaviour is only potentially damaging to the interests of other Users or MGW.
7.2. In such cases, without prejudice to any other solution, MGW reserves the right to:
a) withdraw from this Agreement with immediate effect.
b) immediately suspend or revoke the User's access to the Website.
7.3. Failure to exercise its rights resulting from the termination of the Agreement does not constitute a waiver by MGW, which reserves the right to exercise it at any time.
 
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All the intellectual property rights in the service are the exclusive property of MGW.
8.2. The trademarks, logos, graphics, photographs, animations, videos, and texts contained on the Website are the industrial and intellectual property of MGW and may not be reproduced, used or represented without the express permission of MGW.
8.3. The User may not modify, copy, reproduce, download, distribute, transmit, commercially exploit and/or distribute the Website or its contents in any way whatsoever.
8.4. The User grants MGW a non-exclusive, non-territorial license, free of charge, and transferable to use the content sent to MGW and /or posted on the Website. The User will retain the right to remove the published contents from the Website, even when the contract is terminated and /or upon cancellation of his/her account.
 
9. USE OF THE SERVICE
9.1. The Website is a social network for Member Users, which allows them to publish information and share content, allowing Members Users to contact each other.
9.2. Every Member User is responsible for the information and content that he or she has entered or transmitted and releases MGW from any responsibility.
9.3. MGW does not have the means to check that the data and information of the Member Users is correct and therefore does not guarantee that such data and information are true and is not required to verify the information contained therein.

9.4. Any transfer of goods and/or provision of services performed for payment or free of charge between Users or between Users and third parties, even outside the Site, do not involve MGW which is therefore expressly released from any liability.
 
10. LIMITATIONS OF LIABILITY
10.1. MGW will in no way be held liable for any indirect damages suffered by the Member User and, in particular, of any loss of data (as the User is responsible for making backup copies) as well as damage to the image or reputation, etc.
10.2. The Website includes hyperlinks to third party websites that MGW cannot check; Therefore, MGW cannot be held responsible for their availability, content, advertising, related products and services, or any other item available on or from such sites.
10.3. The User waives any action against MGW, in particular for any damage to his or her copyright, image, honour and reputation, confidentiality, resulting from the communication or dissemination of information, images and videos and other content.
10.4. The User hereby releases MGW from any civil liability to third parties arising from any activities performed by same on the Website and, in particular, any breach of copyright, image, honour, reputation and confidentiality resulting from the communication or dissemination of information, images and videos relating to third parties.
10.5. MGW will not be held responsible for the information and content provided by Users and the resulting consequences.
10.6. In the event that MGW is held responsible for a violation committed by a User of any requirements pertinent to the current laws or these conditions of use, the User undertakes to warrant MGW against any resulting conviction. This warranty covers fines and indemnities that may have to be paid, attorneys’ fees and legal costs that will be charged to MGW.
10.7. The User declares that he/she is aware that the data and content submitted by him/her may be reproduced and disclosed by third parties and undertakes to indemnify MGW accordingly.
10.8. MGW will not be held responsible for any defects in the Website caused by or contributed to by any Guest or Member User.
10.9. Should third parties obtain information concerning a Member User through the Website, MGW will not be held responsible for the use of such information.
10.10. MGW will not be held responsible to Users for any consequential damage or lost profit, including loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programs or service interruptions resulting from the use of the Website.
 
11. AMENDMENTS
11.1. MGW reserves the right to amend the Terms and Conditions, as well as the pages of the Website, the services and the terms of use thereof at any time. These changes will take effect from the moment they are published on the Website, subject to the discretion of the Member User to terminate the contract and/or cancel his/her account; if not, then it is assumed that the Member User who continues to use the Website has accepted such amendments.
 
12. FORCE MAJEURE
12.1. If a party is unable to meet its contractual obligations for reasons of force majeure such as natural phenomena of particular intensity, events of war, strikes, unforeseen restrictions ordered by authorities etc., the fulfilment of the contract is postponed on the basis of the event that occurred.
 
13. JURISDICTION AND COMPETENT COURT
13.1. This contract and all related legal relations are governed exclusively by Italian Law; every pertinent dispute is subject to the exclusive Italian jurisdiction.
13.2. Any dispute connected to the interpretation and execution of the Terms and Conditions shall be devolved to the exclusive competence of the Court of Udine, unless application is made to the mandatory consumer court.
 
14. FINAL CLAUSES
14.1. The Terms and Conditions constitute the Agreement between MGW and the User, excluding any other terms or conditions.
14.2. The Terms and Conditions are written in the Italian language and, if they are translated into other languages ​​and there are discrepancies, only the Italian version will be valid.
14.3. Any ineffectiveness and/or invalidity, wholly or partly, of one or more  of the Terms and Conditions will not result in the invalidity of the others, which shall be considered as being fully valid and effective.