TERMS AND CONDITIONS
Minerva Pictures Group S.r.l. with legal seat in Via Marcella, 6 00153, Rome, Italy (hereinafter, the “Service Provider”), provides an Advertising Video on demand service and a videoblog service that allows subscribers (hereinafter, the “Users”) to access to audiovisual contents (hereinafter, the “Content”) streamed over the platform Visititalywithmovies.com, by Movieitaly (hereinafter, the “Service”), within the territories of the United States of America, Canada, Australia, New Zealand, Kenya, Nigeria, South Africa, Finland, Sweden, Norway (“Territory”, as defined below).
1.1 The User may register to the Platforms to use the Service (hereinafter the “Subscription”) creating his personal account (hereinafter the “Account”) via the website visititalywithmovies.com. When creating an Account the User must provide true, accurate, current and complete information. The User undertakes to update his information promptly and as necessary to keep it current and accurate.
1.2 The Subscription is free of charge and it is intended solely for the use of the Service, conferring no other advantages of any kind.
1.4 The Service Provider reserves the right to refuse any Subscription, for any reason whatsoever, at its sole discretion.
2.1 Every Contents available on the Platforms that Users can access is protected by copyright and the applicable national and international rights protection regulations.
Content may be streamed through the Platforms within the Territory through an active Internet connection.
2.2 It is possible that at any time some or all of the Contents may not be available for streaming due to maintenance, upgrades, power or server outages or other matters beyond the control of the Service Provider. The Service Provider shall use reasonable efforts to provide the User with as much notice as possible and shall have no liability to the User in such event.
2.3 In the assessment of the Service, the Service Provider may from time-to-time experiment or otherwise offer certain features or other elements of the Service, including promotional features, user interfaces, plans and pricing. The User’s use of any updates, modifications to, or replacement versions of the Service shall be governed by this Agreement and any additional terms you agree to when you install such update, modification, or replacement version.
3.1 The User may use the Service within the country in the Territory.
3.2 It is forbidden to modify the IP (internet protocol) address of the device or to use any technological measure in order to circumvent the identification of the Territory. The available Contents may vary depending on the geographical location of the User.
4. Cancellation. Suspension and termination
4.1 The Subscription remain valid and effective until cancelled or revoked by either the Service Provider or the User. The User may revoke his/her Subscription at any time by contacting the Service Provider via email at email@example.com . The process will be completed within the following 5 (five) working days.
4.3 The Service Providers reserves the right to introduce in future a Subscription Fee. In this event, the Service Provider will notify the User sixty (60) days in advance this change by sending an email to the User’s email address registered for his Account with the instructions to add a payment method.
4.4 The Service Provider may restrict, suspend, or terminate the User’s access to part or all of the Service and to any Content if the Service Provider believes that the User is using or has used the Service in violation of the Agreement or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. If so, the Service Provider will notify the User in advance by sending an email to the email address he has registered for his Account. Without limiting the foregoing, the Service Provider may also restrict or suspend the User’s access to his Account upon reasonable notice to him, which may be communicated electronically, which cause includes but is not limited to:
4.5 The Service Provider will not be liable to the User or to any third party for any restriction, modification, suspension or termination of the User’s access to his Account or to the Contents.
4.6 Upon the termination or cancellation of the User’s Account - whether terminated by the Service Provider or by the User - the User will immediately lose the right to access the Service.
5. Technical requirements necessary to use the Service.
5.1 To use Service, the User need a device (laptop or smartphone) with an internet connection that meets the following technical requirements:
5.2 It is always necessary to have an Internet connection to browse the website, to use the Service and to register to the Platforms.
5.4 The quality of the streaming video may depend on the available bandwidth depending on the telecommunications operator used by the User.
6. Service Provider’s liability.
6.1 Except in cases of gross negligence or willful misconduct, the Service Provider will not be liable for any indirect, special, incidental or consequential damages of any kind, including lost profits and property damage, even if advised of the possibility of such damages, that result from the use of, or inability to use the Contents or the Service, however caused. Unless caused by gross negligence or willful misconduct, the Service Provider shall not be held liable for delay or failure in performance resulting from causes beyond its reasonable control. The liability limitations in this section apply under any legal theory (tort, contract, breach of warranty, strict liability or otherwise) and even if the Service Provider has been advised of the possibility of such damages.
6.2 The Service Provider shall not be liable for any disservices attributable to force majeure and/or fortuitous events such as accidents, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the provision of the Service. Therefore, compensation for any damages, losses and costs, of whatever nature, that may be incurred by the User or its assignees as a result of the aforementioned causes may in no event be claimed from the Service Provider.
6.3 Furthermore, the Service Provider shall not be liable for any fraudulent and unlawful use of the Service that may be made by the User.
6.4 The Service Provider assumes no liability in the event of malfunctions due to, for instance:
a) lack of technical requirements on the part of the User;
b) lack of Internet connection on the part of the User;
c) insufficient connection bandwidth.
7. Intellectual Property Rights.
7.1 By the Subscription, the Service Provider grants to the User a licence to access, watch and consult the Contents exclusively for private use and in no case for commercial purposes.
7.2 All intellectual property rights to the Contents remain the property of the Service Provider.
7.3 In particular, the User may not under any circumstances distribute, communicate to and make available to the public, assign to third parties, commercialise, economically exploit in any other way, in whole or in part, the content or, by way of example and not limitation, copy, reproduce, publish, republish the content in its entirety, archive or store the content to allow access to third parties, modify, create summaries extracts or other works derived from the contents, create a database in electronic format or in any other form useful for the preservation of all or part of the Contents, put into circulation by making accessible to third parties copies of the Contents even digitally, photocopy or scan copies of the Contents and/or extracts thereof, remove the copyright or trademark from any type of Content.
7.4 The reproduction and any other use of trademarks and any other distinctive sign owned by the Service Provider or used by him are also prohibited.
8. User’s obligations.
8.1 When signing this Agreement, the User must have at least 18 years old. People under the age of 18 may use the Service under the supervision of an adult. The User undertakes to indemnify and hold harmless the Service Provider against any consequence, damage and/or claim arising from the use of the Service by a minor.
8.2 It is strictly prohibited for the User to provide false, fictitious data or data referring to non-existent persons.
8.3 The User shall be liable for damages that arise for the Service Provider as a result of the breach of the obligations under this Agreement.
8.4 The User undertakes to use the Service exclusively for personal and domestic use. The User shall not use the Service for commercial or profit-making purposes and if this occurs, the Service Provider may immediately interrupt the provision of the Service, without prejudice to any report to the competent authorities and compensation for the damage suffered.
9. Applicable law and jurisdiction.
9.1 Whether the User is a non-Italian citizen, the Agreement shall be interpreted, governed by and construed in accordance with the laws of the state of his place of residence, without regard to conflict of laws provisions. Any dispute arising from or in connection with this Agreement, that action shall be brought in the appropriate state or federal court located in his place of residence. The Service Provider and the User irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the place of residence of the User for the adjudication of all non-arbitral claims.
9.2 In any cases, these Agreement will not limit any consumer protection rights that the User may be entitled to under the mandatory laws of his country of residence.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.
The Service Provider may amend this Agreement. Any such amendment will be effective thirty (30) days following our dispatch of a notice to the User.
Any notices the Service Provider delivers to the User may be made by email to the last email address provided by him. The User agree to provide and maintain accurate, current and complete information, including his contact information for notices and other communications from the Service Provider.
The User may contact the Service Provider by email at: firstname.lastname@example.org .