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Terms and Conditions

 

  1. Introduction

Welcome to ecodao.com, owned and operated by ecodao S.r.l., based in via Santa Giustina, 11, 35030 - Vò (Padova), Italy, (hereinafter “ecodao”). ecodao is a content management platform (hereinafter “ecodao Platform”) - consisting of web sites, products, services, software applications and networks - that allows for the authorized creation, upload, download, view, print, copy, paste, share, distribution, redistribution, adaptation, remix, transformation, and build upon of the digital content material over the “ecodao Platform”. Terms for “ecodao” and the “ecodao Platform” apply to any site or mobile application owned and operated by ecodao S.r.l. including ecodao.com and the ecodao mobile applications.

 

 

  1. Acceptance of these Terms and Conditions

The following Terms and Conditions (hereinafter “Terms”) is a legal contract between You, either an individual user or any other entity (“You”, “Yours”, “User” or, collectively, “Users”), and ecodao regarding Your use of the ecodao Platform. By using ecodao Platform and all other ecodao services (hereinafter "the Service" or “Services”), You agree to be bound by these Terms. This Terms govern Your access to and use of any ecodao website, any order You place through an ecodao website, by telephone or any other means, and, as applicable, Your use or attempted use of ecodao products and services.

 

Your use of the ecodao Platform shall be deemed to constitute Your consent to be bound by this Agreement and shall be enforceable in the same way as if You had signed this Agreement.

 

Please read carefully the following Terms and Conditions. By registering for, accessing, browsing, posting, or using the ecodao platform, You acknowledge that You have read and understood, and agree to be bound by, the following Terms and Conditions, including any additional guidelines and future modifications.

 

If You do not agree to these Terms, please immediately terminate Your use of the ecodao Platform and all the relevant product and services.

 

This Terms and Conditions also governs any order form (“Order Form”) signed by the customer, identified in that Order Form as “Customer” and ecodao, identified in that Order Form as “ecodao”. Each Order Form, together with this Terms, and the Privacy Policy the entire agreement that applies to the services of ecodao. If any conflict exists between any of these documents, the Terms will govern, followed by the Privacy Policy, and finally the Order Form.

 

 

  1. Definitions

    1. Copyright and similar rights

Copyright and similar rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Database Rights, without regard to how the rights are labelled or categorized. Copyright and similar rights refer to Your Digital content material.

 

  1. Customer

A Customer (hereinafter “You”, “Yours”, “User” or collectively “Users”) is a sole trader or single legal entity: company, entity, or organization (collectively and hereinafter “Subscriber”). The Customer will not permit its Customer Users or its Promoters to share a Customer User’s or Promoter’s access with any other individual or entity. Customer is responsible and ensures Customer Users and Promoters comply with these Terms and will promptly provide to and maintain with ecodao accurate contact information for each Customer User and Promoter.

 

  1. Customer User

A Customer User (hereinafter “You”, “Yours”, “User” or collectively “Users”) is an employee or whichever individual user that Customer authorizes to access the ecodao Platform. A Customer User must be an ecodao member. Customer will designate in writing or using the ecodao website Customer Users, allowing them to access and use the services provided by the ecodao Platform. The Customer User shall remain vicariously liable and be required to comply with these Terms even though the account may be held in the name of the Subscribing Organisation and will promptly provide to and maintain with ecodao accurate contact information about himself/herself/itself.

  1. Promoter

A Promoter (hereinafter “You”, “Yours”, “User” or collectively “Users”) is an individual, a sole trader or a legal entity that has introduced the Customer to ecodao. A Promoter must be an ecodao member. The Promoter shall remain vicariously liable and be required to comply with these Terms even though the account may be held in the name of the Subscribing Organisation and will promptly provide to and maintain with ecodao accurate contact information about himself/herself/itself.

 

  1. Digital content material

Digital content material (or “content”) means any of Your work, database or other material which is created, uploaded, downloaded, viewed, printed, copied, pasted, shared, distributed, redistributed, adapted, remixed, transformed, and built upon over the ecodao Platform.

 

 

  1. Subscription period

The Subscription period is the period You request the use of the services provided by ecodao through its Platform. The Subscription period start the date of the creation of your account and end one year after at the expiry date.

 

  1. Use of digital content material

Use of digital content material means the authorized creation, upload, download, view, print, copy, paste, share, distribution, redistribution, adaptation, remix, transformation, and build upon of the digital content material over the ecodao Platform.

 

 

  1. Eligibility

ecodao only offers accounts on behalf of the Customer, as Subscriber, and does not offer personal accounts on behalf of individuals. Once You enter in ecodao to create the account of the Subscriber You represent, the Subscriber agrees that (i) You are entering into this agreement on behalf of the Subscriber that You specify in the relevant account form in ecodao, (ii) that Your account is for, and held in the name of, the Subscriber (and not any individual), (iii) such Subscriber has full legal capacity and is in good standing in the jurisdiction in which it is formed, (iv) You have full legal capacity and authority to bind Yourself individually and such Subscriber to these Terms. If You do not meet the requirements above, or if You do not agree with these Terms, You may not use ecodao Platform and all the relevant services as well.

The ecodao Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the ecodao Platform by ecodao. If You are using or opening an account on the ecodao Platform on behalf of a sole trader, a company, an entity, or an organization (collectively “Subscriber”), then You represent and warrant that You are an authorized representative of that Subscriber with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscriber. By using the ecodao Platform, You represent and declare that You, the Subscriber, its Users and its Promoters meet the eligibility requirements of these Terms. In any case, You affirm that You are at least 13 years old, as the ecodao Platform is not intended for children under 13 years old and You and the Subscriber, its Users and its Promoters will not grant any access to ecodao Platform to children under 13 years old.

 

 

  1. Modification of these Terms

ecodao reserves the right, at its own discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the ecodao Platform after the changes has been notified to You, constitutes Your binding acceptance of such changes. ecodao will always make a reasonable effort to notify You if it changes these Terms.

 

 

  1. Ownership and Proprietary Rights

The ecodao Platform is owned and operated by ecodao. The visual interfaces, graphics, design, compilation, information, and any device code (including source code and object code), products, services, and all other elements of the ecodao Platform provided by ecodao (the “Materials”) are protected by Italian and European Union copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. ecodao acknowledges that You retain ownership of any User Comments You may post via ecodao.

 

 

  1. Content Disclaimer

    1. Content

You understand that when using the ecodao Platform You will be exposed to digital content material from a variety of sources, and that ecodao is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against ecodao with respect thereto. ecodao does not endorse any content or any opinion, recommendation, or advice expressed therein, and ecodao expressly disclaims any and all liability in connection with content. If notified by a User or a content owner of content that allegedly does not conform to these Terms, ecodao may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. For clarity, ecodao does not permit copyright infringing activities on the ecodao Platform.

 

  1. Sharing Your Digital Content Material

ecodao Platform provides features that allow You to share content with others users. There are many things that users may do with that content (for example, copy it, modify it, re-share it). Please consider carefully what You choose to share. ecodao has no responsibility for that activity.

 

  1. Your Responsibilities

Files and/or information and other content in the ecodao Platform may be protected by intellectual property rights of You and others. Please do not copy, upload, download, or share files and/or information unless You have the right to do so. You, not ecodao, will be fully responsible and liable for what You copy, share, upload, download or otherwise use while using ecodao Platform. You must not upload spy-ware or any other malicious software to ecodao Platform.

ecodao will not be liable for any loss or corruption of Your content, or for any costs or expenses associated with backing up or restoring any of the content.

If Your contact information or other information related to Your account, changes, You must notify ecodao promptly and keep Your information current.

 

 

  1. Subscription period

The subscription period for Customer, Customer User and Promoter accounts lasts one year, starting from the date of creation of the respective account in ecodao, unless earlier terminated as provided in these Terms. The Subscription period shall be automatically renewed at the expiry date if neither party has given notice of termination to the other by mail or email 15 days before the expiry date.

 

 

  1. Services and Payment

Customer may order services from ecodao by signing an Order Form that can be on paper or electronic through ecodao Platform. Customer will pay the fees for the services included in, and in accordance with, the Order Form. Unless otherwise indicated in the Order Form, Customer will pay ecodao the amount due within 30 days from the date of the invoice from ecodao. Customer’s payment for services is non-refundable and the parties may not cancel any signed Order Form. Customer will maintain complete and accurate billing and contact information with ecodao. Customer’s payments are subject to applicable governmental regulations and rulings, including withholding of taxes. Upon the request from ecodao, Customer will provide ecodao with copies of documents related to any withholding. Customer will be responsible for its taxes and similar charges, including sales, usage, excise, and ad-valorem taxes. If fees are not paid within the due date, ecodao reserves the right to suspend or delete Customer, Customer User and Promoter accounts at its sole discretion.

 

 

  1. Participation to ecodao Platform

ecodao may reward You for Your participation to ecodao Platform. The Customer reserves the right, in its sole discretion, to inform its relevant Users and Promoters about the terms of the reward scheme as agreed with ecodao or stated in the Order Form. ecodao reserves the right, in its sole discretion, to inform the Promoters about the terms of the active participation scheme as agreed with the Customer or stated in the Order Form.

 

 

  1. Conduct

By using ecodao Platform You agree to:

  • comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws, and regulatory requirements;

 

  • provide accurate information to ecodao and keep it updated;

 

  • use Your real name on Your profile;

 

  • use the ecodao Platform and all its services in a professional manner.

 

By using ecodao Platform You agree not to:

 

  • use the ecodao Platform for any purposes other than to create and receive original or appropriately licensed content, to add User Comments;

 

  • rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials;

 

  • post, upload, or distribute any defamatory, libellous, or inaccurate User Comments, or other content;

 

  • post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially, ethnically or religiously offensive, or otherwise inappropriate;

 

  • impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the ecodao Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the ecodao Platform, or perform any other similar fraudulent activity;

 

  • delete the copyright or other proprietary rights notices on the ecodao Platform or associated with any content available via the ecodao Platform;

 

  • make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the ecodao Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

 

  • use the ecodao Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

 

  • defame, harass, abuse, threaten or defraud Users of the ecodao Platform, or collect, or attempt to collect, personal information about Users or third parties without their express and formal consent;

 

  • use the ecodao Platform if You are under the age of thirteen (13) years old;

 

  • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the ecodao Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the ecodao Platform, or features that enforce limitations on the use of the ecodao Platform or any content available via the ecodao Platform;

 

  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the ecodao Platform or any part thereof, except and only to the extent that such activity has been expressly and formally requested and permitted by ecodao;

 

  • modify, adapt, translate or create derivative works based upon the ecodao Platform or any part thereof, except and only to the extent that such activity has been expressly and formally permitted by ecodao Platform;

 

  • intentionally interfere with or damage operations of the ecodao Platform or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

 

  • relay email from a third party’s mail servers without the permission of that third party;

 

  • use any robot, spider, scraper, or other automated means to access the ecodao Platform for any purpose or bypass any measures ecodao may use to prevent or restrict access to the ecodao Platform;

 

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the ecodao Platform;

 

  • interfere with, damage or disrupt the ecodao Platform or servers or networks connected to the ecodao Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the ecodao Platform;

 

  • post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, code with links or redirects, or other content that in the sole opinion of ecodao detracts from the ecodao experience.

 

 

  1. Account

When You use the ecodao Platform to see, print, copy, paste, share, download or upload content, or otherwise access content or use any products, services, or otherwise access information from ecodao, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your device, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to ecodao on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any other information), then You agree to immediately notify ecodao. You may be liable for the losses incurred by ecodao or others due to any unauthorized use of Your ecodao Platform account.

 

 

  1. Prevention of Unauthorized Use

ecodao reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the ecodao Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

 

 

  1. Third-Party Sites, Products, Services and Links

The ecodao Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly and formally stated by ecodao, ecodao does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the ecodao Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

ecodao Platform and software are provided “AS-IS”, at Your own risk, without express or implied warranty or condition of any kind. ecodao also disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement. ecodao will have no responsibility for any harm to Your device systems, loss or corruption of content or data, or other harm that results from Your access to or use of the ecodao Platform.

 

 

  1. Termination and Terms and Conditions violations

You agree that ecodao, in its sole discretion, for any or no reason may immediately terminate, at any time and without notice and without penalty, Your limited, non-exclusive, and non-transferable right to use the ecodao Platform, and/or remove and discard all or any part of Your account, User profile, and any content, at any time upon Your breach of any provision of these Terms. ecodao may also in its sole discretion and at any time discontinue providing access to the ecodao Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the ecodao Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that ecodao will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ecodao may have at law or in equity.

Your only remedy with respect to any dissatisfaction with (i) the ecodao Platform, (ii) any term of these Terms, (iii) any policy or practice of ecodao in operating the ecodao Platform, or (iv) any content or information transmitted and/or shared through the ecodao Platform, is to close Your account and stop using ecodao. You may terminate these Terms at any time by discontinuing use of ecodao.

 

 

  1. Indemnification

You agree to indemnify, save, and hold ecodao, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the ecodao Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. ecodao reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify ecodao, and You agree to cooperate with ecodao for the defence of these claims. ecodao will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

 

 

  1. Disclaimers and Warranties

To the fullest extend permissible pursuant to applicable law, ecodao, and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non–infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from ecodao or through the ecodao Platform will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Terms, the Terms includes its officers, directors, employees, shareholders, agents, licensors and subcontractors.

 

 

  1. Limitation of Liability

Under no circumstances, including but not limited to, negligence, will ecodao or its affiliates, contractors, employees, agents, or third-party partners, licensor, or suppliers be liable for any special, direct, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these Terms or that result from loss of customer data, any and all technical errors, including loss of user files and/or information (customer data), as well as Your use or Your inability to use the materials and content on the ecodao Platform or any reference sites, or any other interactions with ecodao, even if ecodao or an ecodao authorized representative has been advised of the possibility of such damages.

 

 

  1. Limitation of Damages

In no event will the total liability of ecodao or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers to You for all damages, losses, and causes of action arising out of or relating to these Terms, Your use of the ecodao Platform or Your interaction with other ecodao Platform users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by You, if any, for accessing the ecodao Platform during three (3) months immediately preceding the date of the claim.

 

 

  1. Basis of the Bargain

You acknowledge and agree that ecodao has offered its products and services, set its prices, and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between You and ecodao, and that warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and ecodao. ecodao would not be able to provide the ecodao Platform to You on an economically reasonable basis without these limitations.

 

 

  1. Limitations by Applicable Law

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If You reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these Terms apply to You to the fullest extent such limitations or exclusions are permitted under the laws or the jurisdiction where You are located.

 

 

  1. Miscellaneous

    1. Notice

ecodao may provide You with notices, including those regarding changes to the present Terms, by email, regular mail, or postings on the ecodao website or ecodao Platform. Notice will be deemed given twenty-four hours after email is sent, unless ecodao is notified that the email address is invalid. Alternatively, ecodao may give You legal notice by mail to a postal address, if provided by You through the ecodao Platform. In such case, notice will be deemed given five days after the date of mailing. Notice posted on the ecodao Platform is deemed given ten days following the initial posting.

 

  1. Data protection

You consent to ecodao using Your personal data in accordance with its Privacy Policy.

 

  1. Waiver

The failure of ecodao to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ecodao.

 

  1. Severability

If any provision of these Terms, Privacy Policy or Order Form is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms, Privacy Policy or Order Form to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

  1. Assignment

These Terms, Privacy Policy or Order Form, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by ecodao without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

 

  1. Survival

Upon termination of these Terms, Privacy Policy or Order Form any provision which, by its nature or express terms should survive, will survive such termination or expiration.

 

  1. Claims

You and ecodao agree that any cause of action arising out of or related to Your use of the ecodao Platform must commence within one (1) year after the day of the beginning of the cause of action accrue. Otherwise, such cause of action is permanently barred. In addition, you agree to proceed with any claim individually and not as part of a class action.

 

  1. Reservation of rights

ecodao reserves all rights not expressly granted in these Terms.

 

 

  1. Applicable Law

These Terms shall be governed by and construed in accordance with Italian law and the parties hereby agree that the competent Court is the Foro di Padova court, Italy. As a consequence, you and ecodao agree that any controversy arising would be required to be exclusively resolved according to the provisions of Italian law and exclusively in the Foro di Padova court.

 

 

 

This Terms and Conditions were last updated on February, 4th 2019.