Website Acceptable Use
Last updated: November 16, 2016
These general terms and conditions (hereinafter called “General Conditions”) govern the relationship between:
Sailsquare S.r.l. (hereinafter referred to as “Sailsquare”), VAT code and tax code: 07860990964, the registered office of which is located at via Grande 164, Livorno (Italy), in the person of its legal representative pro tempore
users registered to the website www.sailsquare.com (hereinafter called the "Website") who identified themselves at the moment of creation of their account on the Website (hereinafter, either individually or jointly, called “Users” or the “User”)
Each a “Party” and together the “Parties”
- Sailsquare has as its object the development, the management, the promotion and the commercialization of information systems, online and e-commerce services for tourism and yachting sectors, developed for one’s own and/or for a third party, and of services related to hosting, connectivity, training and maintenance;
- The mission of Sailsquare is to create a virtual meeting space for sea lovers who want to share their sailing experiences;
- therefore, Sailsquare is neither a travel agency, nor a tour operator, nor performs any shipbroking activity;
- in order to allow the meeting between Users, Sailsquare manages an internet platform (hereinafter referred to as the “Platform”) accessible at www.sailsquare.com;
- once the User has completed the registration, he has access to a community of sea lovers and he can contact other Users to arrange and share sailing experiences with them;
- these Conditions governing the use of the Website constitute the contractual agreement for the use of the Platform between the User and Sailsquare;
In view of the above, the Parties hereto stipulated and agreed as follows:
General Conditions: conditions that regulate the relationship between Users and Sailsquare in relation to the use of the Service, establishing mutual rights and duties.
Code of conduct: rules of behaviour required to Crew Leaders when leading the Experiences listed on the Website and when interacting with other Users.
Service: this definition covers all the tools offered by the Website.
User: any User of the Website identified with the details he provided during the creation of his/her account.
Crew Leader: the User empowered to post Experiences on the Platform being in possession of all qualifications, authorizations and permissions to pilot his/her own boat, a boat rented by professional operators (charter companies), or a boat available for any proper title bestowed.
Experience: the single sailing Experience posted on the Platform by the Crew Leader. The features of the single Experiences are decided by the Crew Leader in accordance with Article 2.2 of the General Conditions.
Payment Platform: the external service used by Sailsquare to manage electronic payments related to the bookings of the Experiences.
1. SERVICE OFFERED BY SAILSQUARE VIA THE WEBSITE
- The Website offers to Users a certain number of tools, dedicated exclusively to the development of a community of people sharing their passion for the sea, in order to allow the organization and sharing of sailing Experiences.
- Through the Website, Sailsquare allows registered and approved Crew Leaders to post sailing Experiences, while allowing simultaneously Users to book these Experiences, based on the payment conditions and cancellation policies described in the General Conditions.
2. REGISTRATION TO THE SERVICE
- In order to register as a User, legitimately exercise the rights reserved and accept this Acceptable Use Policy without reservation, it is necessary to be not less than 18 years old or have reached the legal age required by the country of origin. The use of the Website and the Service is reserved to natural persons.
- Sailsquare reserves the right to verify the information provided by the Users; if a User provides false, incorrect or invalid information or violates the rules related to the registration to the Service, Sailsquare reserves the right to suspend or delete the User’s Account, as well as denying the access to the Service in the future.
- L'During the registration process, the User selects the username and password that allow the access to the Service. Username and password are of a confidential nature. The User is the only responsible for the use of his/her personal Account and his/her own identification data, as well as the only subject that can guarantee the confidentiality of these data.
- The User ensures to have provided accurate, honest, complete and updated information in his/her profile during the registration process or at a later stage, regarding identity, age, gender, experience, nautical skills and personal data in general. The User commits to promptly update his/her profile with all personal information; he also preserves its accuracy in his/her interest and in relation to the purposes of the Service.
- Under no circumstance must Sailsquare be made liable for any damages deriving from mistakes, omissions or inaccuracies contained in the information provided by the User during the registration process or at a later stage.
- The User is responsible for his/her account and he is obliged to carefully preserve his/her own access data in order to prevent unauthorized access to the Service via his Account. The User will be responsible under any circumstances for whatever is being done with his/her Account by third parties. The User must promptly inform Sailsquare about any unauthorized use of his/her Account, as well as about any violation of privacy and security of his/her means of identification.
3. USE OF THE WEBSITE
- Users use the Website to organize Experiences. The Experiences can be listed exclusively by Users who have been properly approved, defined as Crew Leaders. The Platform has been set up as a Service gathering sea and sailing lovers, providing the tools and contacts to help the Users organizing and sharing the Experiences.
- Crew Leaders and Users have the possibility to post contents and to exchange messages related to the arrangement of the Experience. The Users cannot under any circumstance exchange contact details i.e. telephone numbers, accounts of messaging services (i.e. Skype, Whatsapp, etc.) profiles on Social Networks etc., before the purchase of the Experience.
- Sailsquare has full powers and discretion on posting, uploading, forwarding, sending and broadcasting contents posted by Users. Furthermore, Users entrust to Sailsquare a global, irrevocable, permanent, non-exclusive, transferable and lacking of copyright license together with the right of sublicensing, using, viewing, copying, adapting, modifying, distributing, licensing, selling, transferring, showing publicly, broadcasting, streaming, spreading, accessing, viewing and exploiting Users’ contents on or through the Website. Sailsquare does not claim under any circumstances the right of ownership on Users’ contents; furthermore, there are no limitations to rights for Users to use or exploit the aforementioned contents.
- Users remain solely responsible for all contents made available on the Website.
4. DUTIES OF USERS
- Using the Service provided by the Website, Users commits themselves to:
- communicate accurate information - notably with regard to identity, age, nautical skills and experience, possession of licenses to pilot ships and crafts - during the registration process, as well as while using the Service;
- not to use false identities aimed at hiding their own identity;
- respect the existing applicable legislation;
- respect the intellectual property rights related to contents provided by Sailsquare and by other Users, as well as intellectual property rights of third parties; therefore, every User must avoid reproducing and/or communicating contents through the Website, without the authorization of the rightholders related to these contents, when the aforementioned authorization is required;
- communicate to Sailsquare and other Users only information that cannot damage under any circumstance other Users, Sailsquare or third parties;
- not to publish information or contents of defamatory, vulgar, offensive, violent or inciting violence nature, as well as information of political, racist, xenophobic nature and, in general, contents that may be in contrast with applicable laws and norms or with public decency or that violate Sailsquare and third parties rights;
- not to publish information or contents aimed at reducing or preventing the regular use of the Website, or interrupting and/or slowing down the regular flow of communication among Users;
- not to direct Users on other websites that are not managed by Sailsquare;
- not to use the Service to advertise and/or promote other commercial activities or services of third parties;
- not to suggest, accept or make a payment for an Experience bypassing the payment management system offered by the Platform. In such circumstances the User assumes every risk and responsibility associated to that payment and commits to exclude Sailsquare from any responsibility related to that payment;
- not to collect information related to Users in order to send them commercial information or equivalent.
5. RESPONSIBILITY OF USERS
- The User must bear the costs related to hardware and software that are necessary to access the Website and use the Service. The User has the responsibility to take adequate precautions to protect his/her own information, PC systems and/or the software used to access the Service from infections of potential viruses.
- The User will be the only responsible for the use of the information, messages or data of any kind that are available thanks to the Service; no party different from the User will be held responsible under no circumstances for decisions or initiatives taken by the User on the basis of those information.
- The User will be the only responsible for the use made of the Service and the Website and, more generally, of any other use or action taken from his/her own account and profile.
- The User is responsible for all data concerning him/her, that he/she made available on the Website and for all contents provided by him/her. Specifically, the User commits to provide honest and accurate information with regard to his/her profile and experience. The User recognizes that Sailsquare does not run any preliminary check on those data and contents entered by Users and distributed by the Website. The User also recognizes that Sailsquare is not bound by any general obligation to monitor these data and contents.
6. RESPONSIBILITIES OF SAILSQUARE
- Sailsquare has the faculty to change, modify and update the contents of the Website at any moment without the necessity of prior notification to Users.
- Sailsquare will never be held liable for any mistake, inaccuracy or omission that might be found in the information related to what is contained in the Website.
- Sailsquare will not be held liable for: (i) any transmission on the User’s devices of potential viruses or harmful contents originated from third parties; (ii) temporary suspensions or interruptions of the Website; (iii) any consequence deriving from the use made by the User of the information, contents and data obtained from the Website; (iv) the aforementioned imperative provisions regarding violation by the User towards third parties (v) any loss or damage deriving from or in any way related to the use and functioning of the Website including - without any restriction - damages for loss of business and profits, interruption of the activity, loss of commercial information i.e. any other type of financial loss.
- Sailsquare has no general duty to monitor data and contents provided by Users, as well as the duty to delete contents that may appear not expressively unlawful, regardless of the fact that Sailsquare is being informed or not about those contents. Sailsquare is also not responsible for the contents of websites belonging to third parties that are potentially reachable by hypertextual links on the Website.
7. INTELLECTUAL PROPERTY
- Sailsquare is the owner of the Website, of its technical, graphic and textual elements, except for contents provided by Users or third parties. More specifically, the Website and the Service are both provided by softwares conceived and developed by Sailsquare, to which they belong or over which the society exercises its intellectual property rights.
- Sailsquare is therefore the only owner or licensee of the intellectual property rights regarding the Service, the Website, its contents, softwares and databases that allow its functioning. The use of the Website or Service does not grant to Users any right on these elements, except for rights related to contents provided by Users themselves.
8. DURATION OF THE ACCOUNT
- This Acceptable Use Policy is agreed for an indefinite period, with effect from the acceptance of the Policy itself by the User.
- The User can delete at any moment his/her account with a specific notice sent to Sailsquare. Nevertheless, Sailsquare has the discretion to suspend the access to the Website or the use of the Service in accordance with Articles 2.3 and 4.3 of this Acceptable Website Policy.
- It is understood that the User is responsible for all the activities performed with the account until the moment of its effective deactivation.
- Sailsquare encourages and appreciates feedbacks, comments and suggestions to improve the Website and the Service. The User can post his/her own feedback by contacting Sailsquare or by leaving a review on the Experience page, using the tools provided by the Website.
- The User recognizes that all feedbacks will exclusively belong to Sailsquare and the User - while accepting the Acceptable Website Policy - irrevocably gives to Sailsquare all rights, titles and interests on all future feedbacks, including, without limitation, patent rights, intellectual property rights, trade secrets, moral rights and other rights of other owners or intellectual property worldwide. Upon request and at the expense of Sailsquare, the User will improve the documents and undertake actions that Sailsquare may reasonably require to assist Sailsquare for acquiring, improving and maintaining its intellectual property rights and other legal protections related to feedbacks.
- Sailsquare reserves the right to remove those feedbacks violating the provisions of Article 4.
10. APPLICABLE LAW AND JURISDICTION
- This Acceptable Use Policy, as well as its conclusion, interpretation and validity are governed by the Italian Law. The Milan Court will have the jurisdiction and exclusive territorial competence on litigations related to or deriving from the enforcement of these Acceptable Use Policy.
- The acceptance of these General Conditions is a full acceptance. The User will not be able to choose to apply only one part of them or express specific reservations on them.
- Pursuant to and for the purposes of Article 1341 and/or 1342 of the Italian Civil Code, the User states expressly that he accepts the following clauses: 2, 4, 5, 6, 8, 10 and 11.