Terms
Terms of Use
Here below are the “AYR Photos” General Terms and Conditions of use and participation. Access to “AYR Photos” through your personal account (User) or by sending contributions (Contributor) for publication requires complete acceptance and understanding of the Conditions.
1. SERVICE
“Are you ready? for the new adventure” is a free, online magazine; a meeting place and a digital diary for friends who wish to share Adventure and Mystery.
Are you ready? for the new adventure” is an open magazine that operates through reciprocal exchange: Members contribute their texts, experiences, ideas, pictures, photos, videos, GPS coordinates and general contributions; they write, read, photograph, film, comment, discuss, question and respond, they connect and intertwine with local and international contacts who have similar ideas (Contents).
“AYR Photos” offers the possibility to participate in the Community through a User Account and to complete the above activities or send personal contributions to the Community. Whoever intends to actively participate in the Community can send personal contributions to “AYR Photos”which, considering the rules and terms of use, reserving each right and power described above, can proceed to publish the contributions on the website.
To access the account, each Member must simply insert their email address and secret password.
2. OBLIGATIONS REGARDING REGISTRATION AND THE PROTECTION OF MINORS
When using the Service, the User commits to:
a) Providing personal information as requested during the registration process, ensuring this is updated, complete and truthful;
b) Updating registration information in a timely and consistent manner with the previewed procedure so it is always relevant, complete and truthful. If the User provides false, inaccurate, dated or incomplete information, or if “AYR Photos” sustains, with the support of its own elective evaluation, that the information provided by the User is false, inaccurate, dated or incomplete, “AYR Photos” will have the right to temporarily or indefinitely deactivate the User’s account in question and to stop him or her from any future use of the Service.
Participation in the “AYR Photos” Community is reserved to Users over the age of consent. Whoever participates in the Community confirms to being over the age of consent. The User must block the participation of minors to the community through the authentication procedure (email and password). The adult User who permits minors to access the Services under their own exclusive care, and understands “AYR Photos” has no contractual obligations, duties and responsibility for the adult User’s actions, will commit to assisting and controlling the minor’s access to the Service with the understanding that the minor may be able to access the same Contents as the User. Consequently it is the responsibility of the adult User, who acts on behalf of the minor, to determine if and when the Service and its relative Contents are appropriate for a minor.
3. ACCOUNT AND PASSWORD
At the conclusion of the Service registration procedure, the User obtains an account ID.
The User is the only and exclusive person responsible for the account and all its indentifying information, including any activities carried out through the use of the identifying information. The User agrees to immediately communicate to “AYR Photos” any unauthorized use of their password or account and any other violation of the security rules of which they become aware.
The User understands that authentication is made through the exclusive use of the ID email and the password, with the aim of regulating access to the Service. The User is therefore responsible for any harmful or detrimental, direct or indirect consequence that may be placed on “AYR Photos” or third parties as a result of incorrect use, loss, removal or compromise of the secrecy of the ID email and the password utilized by the User. All instances of use of the User’s ID email and password are automatically the responsibility of the User, without any exception.
4. CONTENTS
By sending a contribution you authorize “AYR Photos” to publish the contribution.
Members who send their publishing request through connected groups (Flickr, Facebook, YouTube), or through a post in the specified area of the website, unconditionally consent to the use and publishing of the contribution within the community and on the website itself.
“AYR Photos” has the right to exclusively decide where to publish the article on the website and for how long they wish to leave it available to the Users. The Contributor and any other party cannot claim any right to website editorial or programming choices.
The Members assume full and exclusive responsibility of what is communicated, published and posted under their User Name.
The User recognizes that all the information, data, software, music, sound, photographs, images, video, messages and any other material (“Contents”) is publicly accessible through the website and/or by members of the Community. All the contents, therefore, remain the sole and exclusive responsibility of the people who send them.
“AYR Photos” monitors the contributions (authorized by means of sending) only in their adherence to the themes of the magazine.
“AYR Photos” is not held to exercise any control over the truthfulness of the sources or the contents, which will remain the total responsibility of the Contributor. With regard to the abovementioned contents, “AYR Photos” does not guarantee the truthfulness, correctness, lawfulness and quality of the contributions that are sent and published.
It is prohibited to send in any Contributions that contain any expression or gesture that is offensive of defamatory, against the law, against religion, against the public or that is detrimental to the rights of third parties (author’s rights, property rights, rights of use, etc.).
The website management, provider and server are not responsible for the contents of the site associated with members or third parties.
The exclusion of responsibility also applies to links posted on this website.
The User understands and accepts that when using the Service, despite the specific rules imposed by “AYR Photos”, Contents that are not desirable, or that are offensive, indecent or reprehensible could appear.
The User agrees to not use the Service to load, publish, send, transmit or spread in any other way Contents that are illicit, damaging, threatening, abusive, defamatory, vulgar, obscene, pornographic, pedophilic, abusive of privacy, liberty, personality, dignity of others, racist, classist or in any way reprehensible and capable of causing damage in any way.
The User agrees not to load, send or in any other way transmit or spread:
- Contents that he or she does not have the right to transmit or spread under the law, in a contract or as a result of a relationship of trust (for example private and confidential information gained from a work relationship or protected by a privacy agreement) or that violates patents, brands, secrets, author’s rights or other industrial property rights and/or intellectual or third party rights or otherwise reserved rights;
- Without a prior agreement with “AYR Photos”, publicity, promotional material or any other form of reminder or appeal that is not otherwise requested;
- Any material that contains a virus or other codes, files or programs created to interrupt, destroy or limit the functioning of software, hardware or other telecommunications instruments also of third parties or interrupt the normal procedure of dialogue or use of the Service.
The User agrees to not intentionally or unintentionally violate any applicable law or regulation, persecute or abuse third parties in any way, gather or file personal data of other Users without their prior and explicit consent.
Members endeavor to provide true information according to the principles of restraint and objectivity.
Members agree to maintain an open relationship that is polite and respectful.
Each member of the community is exclusively responsible for their own activities and their own behavior and for any eventual comments or considerations that are deemed offensive or insulting by the Contributor, other Users or third parties.
“AYR Photos” and its management reserve the discretional right – without assuming any obligation of this – to refuse or remove any Content accessible through the Service or to remove any Content that constitutes a violation of the present Conditions or that results reprehensible in any other way.
The User agrees to completely and independently evaluate and sustain all risks associated with the use of any Content, including the eventual reliance by the User on the truthfulness, completeness and usefulness of the various Contents.
The User understands that any indications, data, information etc. inserted in the Contents and relative to travels, itineraries, places etc. do non constitute a travel proposal by “AYR Photos” and “AYR Photos” is exonerated from any responsibility relative to the eventual reliance of the User on such Contents.
The User understands that the activities, trips and sports cited in the magazine are undertaken at their own risk.
The User knows and understands that the Contents can be published on the website and therefore accessible to the Users and the Web. Therefore the User knows and accepts that “AYR Photos”, reserving all other rights, has the right to save the published, unpublished, removed or suspended Contents from the website and to share them with third parties with the aim of administering the Service, the User’s account and, where requested by the law or where “AYR Photos”retains that it is necessary and opportune, to fulfill legal requirements, apply the Conditions, debate any disputes, protect the rights, property or security requirements of “AYR Photos”, its Users and/or Third Parties.
All rights relative to the published or unpublished Contents, in all possible components (including text, images etc.), are subject to free, irrevocable, non exclusive transfer, sub-transfer or sub-licensing in favor of “AYR Photos”and permits “AYR Photos” to utilize, reproduce, modify, adapt, publish, translate, create related works, distribute, visualize the Contents (all or in part) in the whole world and/or incorporate them in other works in any form, medium or technology presently known or that will be developed in the future and will economically benefit from the Contents themselves, if what is being done is intended to disseminate the work of the author and the brand ”AYR Photos”.
In each of these cases, apart from the moral right of the Contributor, That will place an article or its written, nothing will be owed to the Contributor, who renounces all economic rights, because it will do in order to give his / her work.
This transfer remains in act even in the case of removal of the Contribution, for whatever motive and by whomever, from the website.
Following publication on the “AYR Photos” website, if a whole or partial Contribution is subject to the transfer of rights even to third parties, “AYR Photos” will expect royalties for the use of the Content, of which the figure will be determined collectively by the parties or agreed to be determined by an impartial, third party.
The User agrees not to reproduce, duplicate, copy, sell, resell and in any way take commercial advantage of the Services or the Contents of the website or any part of them, unless it refers to the Contents sent by the User or for which the User has rights.
5. THIRD PARTY RIGHTS
“AYR Photos” respects the intellectual and/or industrial property rights of third parties and asks that the Users do the same.
“AYR Photos” is a magazine for authentic Contributions that originate from you.
Members agree not to put Contributions on the website that cannot be freely produced and distributed. Third party Author’s rights cannot be violated.
No Contributions can be placed on a website that are not covered by third party rights. Anyone who intends to publish any Contribution in the magazine confirms that by sending a Contribution to “AYR Photos” he or she must be the legitimate author of every piece of data, information, image, text etc. and to have rights to everything that is sent and authorized for publication.
Violation of the abovementioned will remain the exclusive responsibility of the Contributor for any violation of third party rights.
Any person who believes that their intellectual and/or property rights are violated through the services can communicate this specifically to “AYR Photos”.
“AYR Photos” will be available for any communications relative to the copyright violation of the text and or images. Up until the definition of the controversy of the Contribution, it will be eliminated or suspended from the magazine.
“AYR Photos” is excluded from any eventual violation of third party rights including author’s rights and immaterial rights, through the contributions that are posted on this website.
6. INDEMNITY CLAUSE
The User guarantees to hold harmless “AYR Photos”, its representatives, employees and their partners from all obligations to compensate and from any cost that could be derived from the Contents sent by the User, from the use of the Services by the User, from the connection to the Services by the User, from a violation of the norms that regulate its use, from a violation of third party rights.
7. SERVICE MODIFICATIONS
“AYR Photos” reserves the right to modify or deactivate, temporarily or permanently, the Service (or any part of it) at any time, with or without notifying the User.
The User agrees that “AYR Photos” cannot in any way be held responsible to the User himself or towards third parties for the modification, suspension or deactivation of the Service.
If it should come to the attention of “AYR Photos” that any of the present conditions have been violated, or the rights of others or of the law or relevant norms, “AYR Photos” will have the possibility of immediately removing and/or modifying without notice all or part of the relevant Contributions or contents or deactivate and/or block the use. In certain cases “AYR Photos” is excluded from all responsibility, both with regards to third parties and to members or Users. No obligation/ responsibility can be placed on the Management for any removals or modifications.
You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of “AYR Photos” or the respective licensors of the Content.
8. AYR ABSENCE OF GUARANTEE
The User recognizes declares and expressly accepts that:
a) Use of the Services is at your own risk. The Services are provided “AS THEY ARE” and “WHEN AVAILABLE” and therefore “AYR Photos” does not assume any responsibility regarding the use, availability, punctuality and cancellation, failure to save or communicate any information or personal details of the User. Any guarantee provided by “AYR Photos” is expressly excluded, explicit and/or implicit, including, for example, any commercial guarantees, and eligibility for specific uses and Service quality.
“AYR Photos” will endeavor, without assuming any guarantee, to provide a constant service and maintain an functioning site, including protection against virus, worms, Trojans or other codes that could include damaging content; nevertheless, any management responsibility for interruptions, suspension or Service irregularities or for the spreading of the damaging contents such as the above is excluded.
b) AYR does not guarantee (i) that the Services satisfy the needs of the User (ii) that the Services will be provided without interruptions, punctually, in a secure way without any errors, (iii) The expectations of the User and that the results obtained through the use of the Services are true and reliable (iv) that the quality of the products, services, information or other materials acquired or obtained through the Service can satisfy the needs of the User, or that (v) any eventual errors in the Software are corrected.
c) Any Contents downloaded or otherwise obtained from or for the Service are obtained solely and for the discretional and at the exclusive risk of the User and the User is the only and exclusive responsible party for any damage to the computer or for the loss of relevant data derived from the downloaded material or from using the Service.
9. SAFE HARBOR for “AYR Photos”
Protecting every exclusion of responsibility, the User recognizes and agrees that “AYR Photos” will not be in any case responsible for any eventual damage of any type and nature, also relative to the loss of profits, in the case of any commercial start up or information resulting from: (i) the use or lost possibility of using the Services; (ii) the cost provisions of goods and/or substitutive services with regards to acquired goods and/or services or obtained through the Services; (iii) unauthorized access or an alteration in the transmission or in the User’s information; (iv) declarations or behaviors of any third party.
Nothing of the present conditions will have an effect of limiting or excluding the responsibility of “AYR Photos” in any case of derived damages as a result of willful misconduct or gross negligence.
The User accepts that gross negligence is not: EXAMPLES
10. SAFEGUARD CLAUSE
If one of the present conditions should result null or ineffective, the remaining circumstances will remain valid. The null or ineffective state is substituted with one of corresponding content and aim. Any eventual gaps in the present conditions should be integrated with character and principles, which insert themselves in the best way and reflect the spirit the most in the present context.
If when visiting this site you should notice any violation of the conditions of participation, we ask you to inform the Webmaster at the following address
11. APPLICABLE COURT AND LAWS
Italian Law regulates the present conditions and the relationship between “AYR Photos” and the User. Any inherent controversy derived or in any way connected to the present Conditions or to the use of the Services will be passed on to the Court defined by the applicable norms in materials and services of the Consumer Code.
ACCEPTANCE
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE (“GTCU”) OF THE SERVICES The User declares that he or she is pursuant to and in accordance with article 1341, second comma, Italian Civil Code, to have read carefully and specifically approved the agreements contained in the aforementioned article regarding: INDICATION OF THE NORMS
ACCEPTANCE
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Privacy
Protection of Information pursuant to and in accordance with Article 13 of the Italian Legislative Decree 196/03.
The protection of our clients’ information is very important to us. Our model that protects information is in perfect harmony with the laws in force in Italy regarding the protection of personal information. (Italian Legislative Decree n. 196 of 30th June 2003).
Pursuant to and in accordance with Article 13 of the Italian Legislative Decree 196/03, Personal information collected upon request and for the use of “AYR Photos” will be managed by the titleholders of “AYR Photos” or by third persons who are requested by the Company to manage information regarding “AYR Photos”
The information will not be forwarded and/or sold to third persons for purposes that are different from the purposes of “AYR Photos”.
All personal information will be utilized for the necessary implementation of the program “AYR Photos”.
The handing over of your personal details is optional.
If you should refuse to assign us your personal information, we will be unable to carry out the requested services.
You have the right to view your personal information at any time. You can contact us by email at “AYR Photos”..
You have the right to obtain information regarding:
The origin of your personal information.
The final use and the modality of use of your personal information.
The ideas contributing to the directions of use in case of use of electronic devices.
The indentifying details of the titleholder who is responsible for the management of your personal details.
The people and type of people to whom your personal details can be referred, or who are responsible or have been given the responsibility to manage your personal details.
You also have the right to:
Update, correct or, when you would like, add to your personal details.
The cancellation, transformation and possibility to inform a person or block the personal information in question.
