Privacy Policy

1.1. AVAILABLE reserves the right to modify these GCU at any time and, therefore, any changes or additions to these GCU will come into force from the moment of their publication within the App. Consequently, the registered user is required to consult, in a constant manner, the most up-to-date version of these GCU.

1.2. In the event that any clause or article of these GCU is declared void, invalid or for any reason unenforceable, such event will not affect the validity and effectiveness of the other residual clauses or articles of these GCU or of the updated or amended or supplemented version of the same.

1.3. In the event that the registered user does not intend to accept any updates and/or amendments and/or additions to these GCU, he has the right to deactivate, at any time and without any charge at his expense, his personal account created within the App.

2.1. The registration of the user within the App can take place by creating a personal account or by logging in through his account connected to the social network indicated in the App.

2.2. In order to create your personal account, the user is required to duly and correctly fill in the appropriate form that appears on the home screen of the App, which indicates the information that must be provided: in this regard, AVAILABLE specifies that the user has the right to customize the information that may be viewed by other users registered within the App.

2.3. The creation, by the user, of his personal account within the App allows him to take advantage of all the services and all the features made available by the App itself, illustrated below by way of example: a) the right to insert videos, photos, images, multimedia files also in live mode; b) the right to express their tastes and/or preferences in relation to the contents viewable within the App; c) the right to share the contents of any nature and type that can be viewed within the App; d) the right to exchange messages with other users registered in the App; e) the right to obtain an economic remuneration through the advertisements present within the contents published in your personal account, according to the terms, conditions and methods better illustrated in the following art. 7.

2.4. The creation of the personal account within the App can only be carried out by those subjects who have completed, at the time of the registration procedure, the age of 14. AVAILABLE recommends the user to keep and store, with the utmost care and diligence, the credentials necessary to proceed with access to their personal account: in this regard, the user undertakes to communicate, without delay, to AVAILABLE any information about an improper use (even if only potential) of their credentials, by third parties not expressly authorized.

2.5. The user expressly guarantees that the information provided for the creation of his personal account corresponds to the truth and, therefore, undertakes to fully indemnify AVAILABLE from any type of liability deriving from the violation, by the user, of the registration procedure within the App or deriving from the improper use of their authentication credentials by unauthorized third parties or, finally, deriving from the incorrect and unsuitable storage and custody of access credentials to your personal account. Furthermore, the user is required to use the App in such a way as not to cause, directly or indirectly, any type of damage or malfunction of any type and entity, as well as in such a way as not to cause any disturbance and/or prejudice to the App, to AVAILABLE, to any user registered in the App and, finally, to any third party.

2.6. AVAILABLE reserves the right to suspend (for a fixed or indefinite period) and/or to cancel, at its sole discretion and without having to provide any reason for it, the user's personal account that is responsible, directly and/or indirectly, for offenses or violations of the provisions of these GCU.

3.1. The user is required not to publish, within the App, videos, photos, images, multimedia files even in live mode, comments, reviews, communications or any other type of content of an illicit, obscene, abusive, defamatory nature towards AVAILABLE, users or any third party or bearing viruses or similar elements within them, as well as the user is required not to publish any type of content that may result in a violation of these GCU, a violation of legislation on the protection of personal data, a violation of intellectual property and copyright rules, as well as a violation of any other legislation not expressly indicated above.

3.2. The user is not required to use false data or linked, directly or indirectly, to third parties from whom he has not obtained the necessary and preventive authorization.

3.3. AVAILABLE reserves, at any time, the right to suspend or to cancel, at its sole discretion and without having to provide any reason in this regard, the user's personal account that is responsible, directly or indirectly, for violations of the provisions of the previous articles. Furthermore, AVAILABLE reserves, at any time, the right to evaluate, approve, delete or prevent the publication of any content where, at its sole discretion, it is considered detrimental to the rights and/or prerogatives of any nature or entity belonging to AVAILABLE, to one or more users or to third parties. To this end, the user declares to indemnify and hold harmless AVAILABLE and/or the companies directly and/or indirectly connected to it from any claim and/or request made by third parties deriving from the behavior put in place by the user within the App.

4.1. AVAILABLE exclusively and expressly holds the status of owner and manager of the App: in this regard, AVAILABLE cannot be held responsible, in any way and for any reason, for the accuracy and truthfulness of the user's identity as well as for information, videos, photos, images, multimedia files, comments, reviews, communications or any other type of content that the user publishes within the App.

4.2. AVAILABLE undertakes – as far as possible, within the limits of its capabilities and with the exception of events directly and/or indirectly related and attributable to the so-called internet – to ensure that access to the App is provided without any interruption and that transmissions take place without errors. In this regard, AVAILABLE also communicates that access to the App may, occasionally, be suspended and/or limited in order to allow the execution of the necessary and essential repair, maintenance or introduction of new services, features and/or activities in the App itself.

4.3. AVAILABLE cannot be held responsible either by the user or by any third party for any loss of any nature or entities that are the consequence of the violation, for any reason, by the user or by any third party, of these GCU and/or of any national/community/international legislation, as well as AVAILABLE cannot be held responsible for any type and nature of delay or non-fulfillment of the obligations and provisions contained and regulated in these GCU that derive from unforeseeable circumstances and/or force majeure.

4.4. AVAILABLE expressly declares that it does not guarantee the user the burden of storing, managing or providing the user with a copy of the contents and/or information entered and/or published within the App, except to the extent prescribed by current legislation on the subject.

4.5. AVAILABLE expressly declares not to recognize any guarantee (express or implied) regarding the use and operation of the App; therefore, the user acknowledges and accepts that he proceeds to use the App at his own risk, as well as acknowledges and accepts that he is solely responsible for any and all damage caused to his device.

5.1. In compliance with Law no. 633 of 22.4.1941, the user expressly declares to alienate – in an absolute, integral way, free of charge, and in all the methods and forms permitted by the applicable and current law on the subject – to AVAILABLE any right of so-called economic use (e.g.: reproduction, transcription, performance, representation, communication, distribution, etc.), in any original or derivative form and manner, relating to any content consisting, directly or indirectly, of a work of a creative nature belonging to music, figurative arts or photography present, made available, published in any way and/or term by the user within the App.

5.2. It is absolutely forbidden, by the user or by any third party, to reproduce, duplicate, copy, sell, resell, visit or in any other way to use, for any use, any type of content present or made available within the App, without the prior and express consent of AVAILABLE.

5.3. It is absolutely forbidden, by the user, to extract and/or reuse, in a systematic way, parts of the App, without the prior and express consent of AVAILABLE.

5.4. All rights not expressly conferred by means of these GCU remain the exclusive property of AVAILABLE.

5.5. AVAILABLE expressly communicates to respect the copyright and intellectual property rights that may belong to third parties: therefore, where any third party believes to have suffered a violation of their copyright and/or intellectual property due to the App, they can contact AVAILABLE at the following address: info@pec.availablecore.com

5.6. AVAILABLE grants you a non-exclusive, non-transferable license to use the App, which is the exclusive property of AVAILABLE. For this reason, you or any third party is not permitted to rent, lease, lend, sell, redistribute or license the App. Furthermore, the user or third parties are not allowed to copy, compile, reverse engineer, disassemble, attempt to derive the source code, modify or create derivative works from the App.

6.1. AVAILABLE reserves the right to insert, at any time and at its sole discretion, advertisements (banners) or similar tools produced by AVAILABLE and/or by third parties within videos, multimedia files, photos, images, communications, comments or any other type of content present, made available, published in any way by the user within the App.

6.2. Due to what is described in the previous art. 6.1., the user has the possibility to obtain an economic remuneration deriving from the insertion (and consequent display) of the advertisements (banners) or similar tools described above, whose compensation and profit is calculated, on the basis of a special and certain algorithm, based on the number of views made by users on the advertisement taken into consideration net of expenses and costs incurred by AVAILABLE and the fees due to the latter. In this regard, AVAILABLE also declares that these economic agreements may possibly be supplemented, modified, updated and revised by AVAILABLE by means of a specific and separate contracting, where the conditions and needs exist, to be evaluated at the sole discretion of AVAILABLE.

6.3. AVAILABLE declares not to be, in any way, responsible for the truthfulness, accuracy, lawfulness of the content relating to the messages inserted, by third parties, in advertisements or similar tools. Furthermore, AVAILABLE declares, in an express way, not to corroborate, in any way, any content and/or message contained within the advertisements or similar tools produced, directly and/or indirectly, by third parties.

7.1. AVAILABLE declares that these GCU are regulated, although not expressly and fully governed therein, by the Italian national legislation applicable on the subject.

7.2. In the event that the user is a consumer pursuant to art. 3 paragraph 1 letter a) of Legislative Decree no. 206 of 6.9.2005, for any disputes concerning the application of these GCU, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer user pursuant to Article 66 bis of Legislative Decree no. 206 of 6.9.2005; on the contrary, in the event that the user is a professional pursuant to Article 3 paragraph 1 letter c) of Legislative Decree no. 206 of 6.9.2005, for the solution of disputes concerning the application of these GCU the territorial jurisdiction is, exclusively, of the Court of Reggio Emilia.