Terms and Conditions of Use
The AppOrDown App and the Internet site "www.appordown.com"
; are an on-line services provided by Advisors Milano S.r.l.
; and the related services are offered to the user on condition that the user accepts, without changes, the terms, conditions, and the communications contained in the web site itself. The use of www.appordown.com
and related services by users, represents the acceptance of all the above said terms, conditions, and notifications. MODIFICATION OF THE PRESENT CONDITIONS OF USE
Advisors Milano reserves the right to change the terms, conditions and NOTIFICATIONS offered by "www.appordown.com"
; and the related services. The user must periodically review these terms and conditions. The fact that the user continues to utilize "www.appordown.com"
; or the related services, after such changes, represents acceptance by the user of the same. RESTRICTIONS OF USE
The material included in this web site is protected by copyright.
The documentation, images, fonts, artwork, graphics, application software and all the codes and format scripts used to implement the site, are the property of Advisors Milano.
If not expressly provided for, the contents of the site (or any information, software, product, or service obtained from "www.appordown.com"
; and the related Services) may not, either in whole or in part, be copied, modified, reproduced, transferred, loaded, downloaded, published, distributed, sold or used to create derivative works, in any way, without the prior written consent of Advisors Milano.
The opportunity exists to store these contents in your own computer or to print extracts of the site pages exclusively for personal and not commercial use. LINKS – LINKS TO THIRD PARTY SITES
Advisors Milano does not assume any responsibility for the contents created or published in third party sites with which "www.appordown.com"
; has a Hyperlink (" Links "). Advisors Milano provides these links for the sole purpose of helping the user, and the insertion of links, by Advisors Milano, does not imply any recognition, by them, of the site in question nor any form of association with its operators. The user who decides to visit an internet site linked to the www.appordown.com
site, does so at its own risk, undertaking all the necessary measures against viruses or other destructive elements. PROHIBITION OF ILLEGAL OR FORBIDDEN USE
As a condition for the use by users of "www.appordown.com"
; and of the related services, users assure Advisors Milano that they will not use "www.appordown.com"
; or the related services for purposes that are illegal or prohibited by the current terms, conditions, and communications. The user cannot use "www.appordown.com"
; or the related services in a way which may cause damage, disabling, overloading or compromising "www.appordown.com"
; or interfering with the use and enjoyment of "www.appordown.com"
; or related services by others. The user cannot obtain or try to obtain materials or information by means which are not intentionally made available or provided through "www.appordown.com"
. LICENCE TO ADVISORS MILANO
Software available in www.appordown.com
The software (if any) made available to be downloaded from "www.appordown.com"
;, are protected by the copyright of Advisors Milano and/or by suppliers and are protected by the laws and provisions of the international treaties concerning copyright.
Any reproduction or redistribution of the software is expressly prohibited by the laws in force and may result in severe civil and legal sanctions. Those who infringe these provisions will be sued up to the maximum extent permitted. WITHOUT ACTING AS, A RESTRICTION TO THE ABOVE SAID, THE DUPLICATION OR REPRODUCTION OF THE SOFTWARE ON ANY OTHER SERVER OR WORKSTATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION, IS EXPRESSLY FORBIDDEN. THE SOFTWARE IS, EVENTUALLY, GUARANTEED ONLY UNDER THE CONDITIONS OF THE LICENCE CONTRACT. The use of the Software by the user is governed by the conditions of the licence contract, if any, which accompanies or is included in the Software (“Licence Contract”). Users cannot install or use the Software which accompanies, or is included in, a Licence Contract, if they do not first accept the related conditions.
For the Software that is not accompanied by a Licence Contract, Advisors Milano grants the user, by means of the present document, a personal and non-transferable licence, the ability to use the Software to see, or otherwise use, "www.appordown.com"
; and the related services in conformity with the present Conditions of use, and for no other purpose, provided that the user does not alter the notifications relative to copyright and intellectual property.
EXEMPTION FROM LIABILITY (DISCLAIMER)
Although Advisors Milano accurately keeps "www.appordown.com"
; promptly updated, the information, software, products, and services included in or available through "www.appordown.com"
; and related services, may contain inaccuracies or typographical errors.
The information contained herein is subject to periodic changes.
Advisors Milano and/or its respective suppliers can make improvements and/or changes to "www.appordown.com"
; or the services at any time. Eventual suggestions or advice received through www.appordown.com
or services, must not be considered for personal, medical, legal, or financial decisions, and the user must consult an appropriate professional to get specific opinions regarding its personal situation.
Advisors Milano and/or its respective suppliers do not issue any statement about the suitability, reliability, availability, opportuneness, and accuracy of the information, software, products, services, and related graphics contained or obtained through "www.appordown.com"
;, FOR WHATEVER PURPOSE.
All this information, the products, services, software, and related graphics, are supplied in the form and MODE visible to the user, without any guarantees.
Advisors Milano and/or its respective suppliers do not issue any warranty and/or condition in relation to this information, software, products, services, and related graphics, including all the guarantees and IMPLICIT STATEMENTS OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC PURPOSE, ownership, and non-infringement of third-party rights. Advisors Milano and/or its respective suppliers will not be, in any way, responsible for DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND FOR DAMAGES OF ANY type including, in the form of example, the DAMAGES FOR THE LOSS OF USE, OF DATA OR EVEN OF ECONOMIC profits, deriving from, or anyway, connected with: the use or the implementation of "www.appordown.com"
; or related services, with the DELAY OR THE INABILITY TO USE "www.appordown.com"
; or the related services, with the supply or the failure to supply services, or for information, software, products, services and related graphics obtained through "www.appordown.com"
; or the related services or, in any way , deriving from the use of "www.appordown.com"
; or related services, regardless of whether this liability may be contractual, non-contractual or objective, even if Advisors Milano or its suppliers have been informed of the possibility of the eventual occurrence of damages. Given that some jurisdictions do not allow the exclusion or restriction of liabilities of the consequential or incidental damages, the above said restriction may not be applicable to the user. If the user is not satisfied with some part of "www.appordown.com"
; or related services, or of some CONDITIONS OF USE, THE SOLE AND EXCLUSIVE REMEDY AT ITS DISPOSAL will be TO STOP USING "www.appordown.com"
; and related services.ACCESS RESOLUTION/RESTRICTION
Advisors Milano reserves the right, at its exclusive discretion, to deny access of the user to "www.appordown.com"
; and related services, or part of the same, at any time, without notice, for infringement of the above said or technical problems. LAW AND JURISDICTION
The present CONDITIONS ARE GOVERNED BY THE ITALIAN LAW. The Court of Rome (Italy) will have exclusive jurisdiction and competence for eventual disputes related to these terms and conditions.
The User acknowledges that this Agreement, and the use of "www.appordown.com"
; or related services, does not create any joint venture, association, employment or agency relationship between the user and Advisors Milano.
Advisors Milano can transfer the present Agreement either in whole or in part, at any time.
The implementation, by Advisors Milano, of the present Agreement, is subject to the laws and legal procedures applicable, and no provision of this Agreement invalidates Advisors Milano’s right to comply with the requests and the governmental, legal and legislative orders, related to the use, by the user of "www.appordown.com"
; or related services, or of the information provided, or collected by Advisors Milano in relation to such use. If any part of the present agreement may be considered invalid or not enforceable, according to the Italian law, including, in the way of example, the part concerning the refusal of guarantees and that of liability restrictions, then, this provision shall be deemed obsolete and substituted by a VALID AND APPLICABLE PROVISION, which makes it easier to achieve the aim of the original provision and the rest of the Agreement will continue to be effective. The present Agreement and the eventual licence contract represent the entire agreement between the user and Advisors Milano in relation to "www.appordown.com"
; and the related services, and they go beyond all notifications and proposals, previous and current, either exchanged in electronic form, or verbal or written, between the user and Advisors Milano, in relation to "www.appordown.com"
; and related services.
A printed version of the present Agreement and of any notification given in electronic form, MUST BE CONSIDERED AS ADMISSIBLE EVIDENCE in eventual legal or administrative proceedings based on, or relative to the present Agreement, in the same limits, and subordinate to the same restrictions of other documents and Commercial Relations originally created and maintained in the printed form.
IF THE USER IS A CONSUMER, THE RIGHTS PROVIDED FOR, AND ABSOLUTELY BINDING BY LAW IN ITS FAVOUR, WILL NOT BE INVALIDATED BY THE PRESENT CONDITIONS.
The names of companies and products mentioned herein may be trademarks of their respective owners. All the rights that are not herein expressly granted, are reserved.
Rights and liability Statement
The present Statement of rights and liabilities ("Statement") regulates our relationship with users and whoever interacts with AppOrDown.
When using and accessing AppOrDown, you accept the present Statement.
The privacy of users is very important to AppOrDown. Our privacy Regulation has been conceived to provide fundamental instructions on how to use AppOrDown and how we collect and use the contents and information of users.
2. Contents and information sharing
Users are the owners of all the contents and information published on AppOrDown and they can control how these can be shared through privacy and application settings.
2.1. Concerning contents covered by intellectual property rights, for example photos and videos ("IP contents"), the user grants AppOrDown the following authorizations, that are subject to privacy and application settings: the user supplies AppOrDown a non-exclusive and transferable licence, which can be granted as a sub-licence, royalty-free and valid all over the world. This allows the use of any IP Content published on AppOrDown or in connection with AppOrDown ("IP Licence").
The IP Licence terminates when users delete the IP Contents present in their account unless such contents have been shared with third parties and the latter have not deleted them.
2.2. When users delete IP Contents in their account, these items are deleted in a similar way as when you empty your computer trash. However, it is possible that the removed contents are stored as backup copies for a certain time (though not visible to others).
2.3. When you use an application, contents and information are shared with the application, which must respect users' privacy, and it is the Agreement accepted now of adding the application addition that controls the way it may use, store and transfer contents and information (further information on the Platform is available in our privacy Regulations and in the Platform Information page).
2.4. Users' comments or suggestions regarding AppOrDown are always welcome, however, users must be aware that we may use the latter without any payment obligation towards them (the same way in which users are not obliged to provide these).
We do our best to make AppOrDown a safe web site, but we cannot fully guarantee this. We need users to assist us in the following ways:
3.1. Do not access AppOrDown in any other way, using computerized devices (such as bots for gathering, robots, spiders, or scrapers) without our authorization.
3.2. Do not install viruses or other damaging codes.
3.3 Do not try to obtain access information or access other users' accounts.
3.4. Do not publish contents: threatening, pornographic, inciting hatred, with nude images or illustrations, or gratuitous violence.
3.5. Do not use AppOrDown for illegal, misleading, malevolent, or discriminatory purposes.
3.6. Do not engage in any activity which may interfere, overload, or disrupt the correct functioning of AppOrDown, for example by a Denial of service (DoS) attack.
3.7. Do not favour or encourage any violation of the present Statement.
4. Account security and registration
AppOrDown users provide their name and true information, and we invite everyone to do the same. Concerning the registration, and to guarantee their account security, users undertake:
4.1. Not to provide false personal information on AppOrDown or create an account on behalf of another person without authorization.
4.2. Not to create more than one personal account.
4.3. Not to create another account without our permission if the original account has been disabled.
4.4. Not to use their personal account for commercial profits (such as selling their status message to an advertiser).
4.5. Not to use AppOrDown if under the age of 13 years.
4.6. Not to use AppOrDown if accused of sexual offences.
4.7. To ensure that their contact information is always correct and updated.
4.8. Not to share their password, neither allow others to access their account nor undertake any other action that may undermine their account security.
4.9. Not to transfer to third parties their account (Any page or managed application included) without our prior written consent.
4.10. If users select a username for their account, AppOrDown reserves the right to remove or claim it, if considered appropriate
(For example, if a brand owner complains of the fact that a user name has no direct connection with the users' actual name).
5. Third party rights protection
AppOrDown respects the rights of third parties and expects users to do the same.
5.1. It is forbidden to publish, or undertake actions, on AppOrDown which may violate third party rights or violate the law in any other way.
5.2. We reserve the right to remove all contents published on AppOrDown, in those cases where the current Statement is considered violated.
5.3. AppOrDown will provide the necessary tools for protecting the intellectual property rights of the user.
5.4. If we have deleted certain contents because we considered them in violation of the in the (and not AppOrDown) who collects information, and to publish their own privacy regulations, explaining what information is collected and how it is used.
5.8. Publishing identity documents or sensitive financial information on AppOrDown, is strictly forbidden.
6. Mobile services
6.1. The mobile services we currently provide are free of charge, however the usual telephone company charges will be applied, for example the cost of text messages.
6.2. In case of modification or disabling of the mobile number, users will update the information in their AppOrDown account, within 48 hours, to avoid that their messages are sent to the new owner of the old number.
In case of payments via AppOrDown or the use of AppOrDown credits, users must accept our Terms of payment.
8. Information about advertising on AppOrDown
Our objective is to provide advertisers effective advertisements both for themselves and users. For this purpose, users accept the following:
8.1. Use privacy settings, to limit the way in which the name and image may be associated with business contents or sponsored by AppOrDown. Provide AppOrDown with authorization to use their name and account image in connection with the contents, according to the limits set.
8.2. AppOrDown does not provide advertisers with users’ information or contents without the consent of the latter.
8.3. It is possible that AppOrDown is not always able to identify which services and communications are on payment.
9. Special provisions applicable to advertisers
By purchasing advertisements on AppOrDown, users may target to specific addressees.
The following additional terms are applied when an order is made through our advertising online portal (“Order”):
9.1. At the moment of Order, users will have to indicate the type of advertising they wish to purchase, the amount they wish to spend, and their offer. If they accept the Order, the advertising will be published as soon as the list will be available.
9.2. Orders must be paid according to our Terms of Payment. The amount to be paid is calculated based on our survey mechanisms.
9.3. Advertisements must comply with our advertising guide lines.
9.4. We determine the dimensions, the position, and the positioning of advertisements.
9.5. We do not provide any guarantee on activity obtained from the advertisements, for example the number of clicks.
9.6. We cannot control the way in which users interact with the advertisements and we are not responsible for click frauds or other improper actions that affect the advertisement cost. However, we use systems to identify and filter certain suspect activities.
9.7. Orders may be cancelled in any moment through our online portal, but the stopping of advertisements that are underway can require up to 24 hours. The user must pay such advertisements.
9.8. Our licence for implementing the advertisements will terminate once the Order is completed. However, if users have interacted with the advertisement, this will remain active until eliminated by users.
9.9. We may use advertisements and related information for marketing or promotional purposes.
9.10. We will not publish press releases or public statements related to the relationship between user and AppOrDown without written consent.
9.11. We reserve the right to refuse or remove any advertisement for any reason. If users insert advertisements on behalf of another person, we must make sure that they have the authorization to do so. Users must:
9.12. Guarantee to possess the legal authority to bind the advertiser to the present Statement.
9.13. Accept that, if the represented advertiser violates the present Statement, they themselves may be held responsible for such violation.
10.1. We reserve the right to modify the present Statement, prior notice (the change will be published on the regulations Page of the AppOrDown web site). We will also give users the opportunity to express their comments. To receive notifications concerning future changes of the present Statement, we advise you to visit the regulations Page of the AppOrDown web site.
10.2. Regarding changes to the sections concerning payments, and advertisers, we will notify users at least three days in advance. For all the other changes, we will notify users at least seven days in advance. All the comments must be written on the regulations Page of the AppOrDown web site.
10.3. If more than 1.000 users comment the proposed changes, we will give users the opportunity for voting, during which some alternatives will be proposed. If more than 30% of all the active users, registered at the date of notice vote, the voting will be considered binding.
10.4. We may introduce changes for legal or administrative reasons, or to correct an inaccurate Statement, by prior notice but without any possibility for objections.
If users’ actions violate in form and substance the present Statement or create legal risks for the company, we have the right to interrupt the supply of part or all the AppOrDown services with respect to users. We will send users a notice via e-mail, or we will inform them on their subsequent attempt to access their account. Users may delete their account or disable their application at any time, by writing an e-mail to email@example.com. In this case, the present Statement shall cease to be valid.
12.1. Any complaint, substantial law, or dispute (" complaint ") between the user and us, arising from the present Statement or the use of AppOrDown, will be solved in the court of Milan.
The present Statement, as well as any dispute which may arise between the two parties, are governed by Italian laws, regardless of any conflict within the law provisions. The user accepts to submit to the personal jurisdiction of the Italian State, in the case of controversies relative to such disputes.
12.2. If complaints may arise against us, relative to actions, contents, or user information on AppOrDown, the user will be liable for compensating us and insuring us from and against any damage, loss or expense (including expenses and reasonable legal costs) arising from such complaints.
12.3. WE UNDERTAKE TO KEEP APPORDOWN ACTIVE, FREE FROM ERROR AND SECURE, BUT USERS AGREE TO USE IT AT THEIR RISK AND PERIL. APPORDOWN IS PROVIDED "AS IS", WITHOUT ANY EXPRESSED OR IMPLICIT GUARANTEE, INCLUDING, FOR EXAMPLE, THE IMPLICIT WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC USE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE FOR THE SECURITY OF APPORDOWN. APPORDOWN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENTS, INFORMATION OR DATA OF THIRD PARTIES, THEREFORE WE, OUR DIRECTORS, REPRESENTATIVES, EMPLOYEES AND AGENTS ARE RELIEVED FROM ANY COMPLAINT OR DAMAGE, KNOWN OR UNKNOWN, ARISING FROM ITS USE, AND WE ARE NOT IN ANY WAY CONNECTED WITH EVENTUAL COMPLAINTS BROUGHT AGAINST THE ABOVESAID THIRD PARTIES. WE CANNOT BE HELD RESPONSIBLE FOR THE LACK OF EARNINGS OR OTHER COSEQUENTIAL, SPECIAL, INDIRECT OR ACCIDENTAL DAMAGES, DERIVING FROM OR IN CONNECTION WITH THE PRESENT STATEMENT OR WITH APPORDOWN, EVEN IF WEMAY HAVE BEEN WARNED OF THE EVENTUAL OCCURRENCE OF SUCH DAMAGES. OUR LIABILITY DERIVING FROM THE PRESENT STATEMENT OR FROM APPORDOWN , WILL NOT EXCEED THE AMOUNT OF 100 EURO (€ 100) OR THE AMOUNT PAID BY THE USER IN THE LAST 12 MONTHS. THE APPLICABLE LAW MAY NOT ALLOW THE RESTRICTION OR EXCLUSION OF LIABILITIES, OR ACCIDENTAL OR DERIVED DAMAGES, THEREFORE THE AFORESAID RESTRICTIONS OR EXCLUSIONS, MAY NOT BE APPLIED TO THE USER. IN THIS CASE, WARRY’S LIABILITY WILL BE RESTRICTED TO THE MAXIMUM LIMIT PERMITTED BY APPLICABLE LAWS.
13.1. The term "AppOrDown" means a set of functions and services available to users, either through (a) the web site www.AppOrDown.it
or through other AppOrDown sites or co-branded (including sub-domains, International and mobile versions, and widgets); (b) our Platform and (c) other media, software (such as toolbars), devices or existing or future networks.
13.2. By "us" and "our /s "we mean AppOrDown, Advisors Milano S.r.l. and its staff.
13.3. The term "Platform" means a set of APIs (Application Programming Interface) and services that enable others, including application developers and web sites managers, to recover data from AppOrDown or to provide us data.
13.4. By the term "information" we mean the facts and other information about the user, including actions carried out by the latter.
13.5. The term "contents" means all that is published on AppOrDown, and which does not fall within the definition of "information".
13.6. The term "Data" means the contents and information which may be recovered from AppOrDown by third parties, or which may be supplied to AppOrDown by third parties through the Platform.
13.7. The term "publish" means the act of publishing something on AppOrDown or making it available to us (for example using an application).
13.8. By the term "use" we mean the following operations: use, copy, implement or display publicly, distribute, modify, translate, and create derivative works.
13.9. By "active registered user" we mean a user who has accessed AppOrDown at least once in the last 30 days.
13.10. By the term "application" we mean any application or web site that uses or access the Platform, in addition to any other element which receives information from us.
14.1. The present Statement represents the contract between the Parties on AppOrDown and prevails on any previous agreement.
14.2. If part of this Statement should reveal unfeasible, the remaining part will be valid and continue to have effect.
14.3. The inability to apply any part of the present Statement does not represent at all a waiver.
14.4. Any change or waiver to the present Statement must be implemented in written form and signed by us.
14.5. Users cannot transfer any of their rights or obligations established in the present Statement without our consent.
14.6. All our rights and obligations relative to the present Statement may be freely assigned by us in the event of a merger, acquisition, or sale of goods or through a legal action or other transaction.
14.7. Nothing indicated in the present Statement may prevent us from respecting the law.
14.8. The present Statement does not confer to third parties any beneficiary rights. We advise users to also consult the following documents:
• Privacy Regulations: privacy regulations are conceived to help the user to understand how we collect and use information.
•Terms of payment: these additional terms are applied to all the payments effected on or through AppOrDown.
• Advertising guidelines on advertisements: these guidelines show the policies valid for the advertising published on AppOrDown.
• How to report a violation of intellectual property
• How to make an appeal following the reporting of copyright violation
In accordance with the rules provided by the new code, in the matter of protection of personal data, we declare as follows.
The handling of data is based on the principles of proper conduct, lawfulness, and transparency and, therefore, protecting the privacy and rights.
The data conferred to AppOrDown on contractual relations aimed at presenting tenders, or in the formation of contractual relations, are subject of computer or manual handling for the purposes of:
a) obligations connected to civil, fiscal, and accounting regulations, to the administrative management of the relationship, the observance of the contractual obligations, the support and the information concerning the services purchased by you.
b) information on future initiatives and on new service announcements by AppOrDown. Data referred to, in point (a), are handled by our employees, our collaborators and our consultants. We wish to point out that the consent to data handling for the purposes referred to in point a) is compulsory and essential for the implementing of the mandate conferred on us.
Vice-versa, this is optional regarding the purposes referred to in point b): In the event of refusal of the consent to the latter hypothesis, there follows our inability to assure information about the development of our services.
AppOrDown guarantees that the data handling carried out with or without the aid of electronic or automated devices will occur using tools suitable for ensuring security and privacy. This may include - in accordance with the limits and conditions imposed by the Legislative Decree no. 196/2003 - one or more of the following operations on data: collection, registration, organization, storage, processing, modification, data mining, comparison, use, interconnection, blocking, notification, deletion, destruction.
The holder of the data handling is Advisors Milano S.r.l., with headquarters in Milan, at N° 54, Via Soperga Tel. No. +39.02.50041347, who will use these for the abovementioned purposes.
It is always possible to assert the rights of the art.7 of the Legislative Decree no. 196/2003, as regards the holder of data handling. The full text is as follows: "1. The party concerned, even if not registered yet, has the right to obtain the confirmation of the existence, or not, of personal data, and their notification in a comprehensible form. 2. The party concerned has the right to obtain the indication: a) of the origin of the personal data; b) of the ends and methods of the handling; c)of the procedures applied in the case of handling, carried out with the aid of electronic tools; d)of the identity details of the holder, the managers, and the designated representatives in compliance with Article 5, paragraph 2; e) of the parties or categories of parties whose personal data may be released or who may learn of these in the capacity of designated representative in the State territory, of managers or appointed agents. 3. The party concerned has the right to obtain: a) the updating, amendment or, if of interest, the integration of data; b) the deletion, transformation in anonymity, or the blocking of data handled in violation of the law, including those which do not require the storage in relation to the purposes for which data were collected or subsequently processed; c) evidence that the operations referred to in a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been notified or circulated, except for when such fulfilment proves to be impossible or requires the use of means manifestly disproportionate with respect to the protected right. 4. The party concerned has the right to object, in whole or in part: a) for legitimate reasons, to the handling of their personal data, even if pertinent to the purpose of collection; b) to the processing of their personal data with the aim of sending advertising material, for direct sales or for carrying out market research or even business communication ".
Starting from the signing of the present declaration, we shall consider as granted the consent to the handling of personal data referred to in point a), except for expressed written dissent.
Users may delete their account or disable their application at any time, by writing an e-mail to firstname.lastname@example.org. In this case, the present Statement shall cease to be valid.
Abusive contents towards third parties are not tolerated.