This Code of Conduct applies to any user (the “Users”) of the platform licensed by #be to the community S.P.A.L. S.r.l. (the “Community”), including apps and web-apps customized for the Community (the “Community Platform”), and supplements any terms and conditions accepted upon the registration and the privacy policy contained within the Community Platform (jointly, “Terms of Use”). It is understood that in the event of any conflict between this Code of Conduct and the Terms of Use, the latter shall prevail.
This Code of Conduct provides a guidance on the conduct to be held and/or avoided during use of the Community Platform in order to improve the use of the Community Platform and to protect the Users.
It is understood that the Users agree to comply with this Code of Conduct and the Terms of Use during use of the #be Platform. In particular, the access and the use of the Community Platform as well as the enjoyment of the content, services and/or features available therein imply the acceptance of this Code of Conduct and the Terms of Use, which the User declares to have read and accepted.
The Users, in order to use the Community Platform, shall register themselves by using a special form and simultaneously create their own account (the “User Account”). The processing of personal data entered by the User upon the registration on the Community Platform shall take place in accordance with the Privacy Policy published therein. By registering on the Community Platform, the User represents and warrants that the personal information provided upon the registration is true, accurate, up-to-date and complete, assuming any responsibility for its accuracy and truthfulness. Furthermore, the User is responsible for and undertakes to keep the data provided upon the registration up to date and complete. Registration is not allowed for individuals under the age of 16. If the minor is 16 (sixteen) years of age or older, he/she may proceed, pursuant to Article 8 of the GDPR, with the registration and any consent for the processing of the data, also having to comply with the provisions of this Code of Conduct, like other Users.
The User undertakes to personally use and keep confidential their login credentials to the Community Platform, not to share them with third parties as well as not to leave their electronic device unattended once they have logged in, assuming any responsibility in relation to the activities related to their User Account. Furthermore, the User undertakes to: (i) immediately notify the Community about any unauthorized use of its User Account (including any breach of security) as well as of any theft, loss or illegitimate knowledge by third parties of its login credentials; (ii) warrant that it shall take all appropriate steps to log out of its User Account when using a device that does not belong to it or that is publicly accessible. The Community shall not be liable for any loss and/or damage resulting from User’s failure to comply with this Article 2.
In the use of the Community Platform, freedom of expression is recognized and guaranteed to Users, without prejudice to the right to restrict certain content or behavior for the respect and protection of other Users pursuant to this Article. In fact, the Users, in order to use the Community Platform, agree to comply with the following restrictions:
The User is solely responsible for any material and/or content posted on or through the Community Platform, as well as for any consequences resulting from the publication of the same on the Community Platform.
We reserve the right to investigate Users’ accounts if we believe there may be conduct in violation of this article, as well as possibly suspend the relevant User Account pending clarification.
In the event that the Users breach one or more of the preceding restrictions, we reserve the right to take action to remove and/or moderate the content posted by them on the Community Platform and to consider suspension, including permanent suspension, and/or deletion of the account without further notice. In the event that it is determined that an account has been created to replace another account that has already been suspended, we reserve the right to suspend both accounts permanently.
It is understood that a User, if it believes that contents has been posted on the Community Platform which are harmful, offensive, or otherwise in violation of the Code of Conduct and/or the Terms of Use by other Users, may report such violations by contacting customer service at the following e-mail address: support@hashtag.be. Appropriate investigative action will be taken in response to the above report in order to take appropriate action, if deemed necessary. It is understood that reporting does not in itself guarantee the removal of the reported content. In the event that the harmful nature of the content is established, the said content will be removed from the Community Platform.
In order to ensure the due protection of Users, we reserve the right to carry out a complete and unlimited editorial over all contents.
The User acknowledges that all contents, materials and information available and/or accessible from the Community Platform (including but not limited to: news articles, photographs, images, illustrations, audio-visual content) (“Contents”) are owned by or in the legal possession of the Community or whoever legitimately owns the rights thereto. Copyright and intellectual property rights relating to the Community Platform and/or the Contents provided by the Community, to the software used for the purpose of the management and development of the Community Platform, belong exclusively to the Community and/or its licensors and/or business partners.
The User is in no way authorized to use, modify, publish, transmit, share, disclose, assign for use in any capacity whatsoever, reproduce (beyond the limits set forth below) reprocess, distribute, give access to or commercially exploit the Community Platform, including the underlying software, as well as the Contents available therein, even in part. A limited, revocable, and non-exclusive license is granted to the User for the purpose of accessing the Community Platform and Contents and using them privately, for non-commercial purposes, subject to this Code of Conduct.
Unless otherwise indicated, the User is not authorized to download or copy the Contents and any other material available through the Community Platform. In the case of Contents with respect to which downloading is expressly permitted, such downloading may be for strictly personal, non-commercial use, provided that it faithfully reproduces all copyright and other notices posted on the Community Platform. Reproduction and collection of any Content for reasons other than personal use is always expressly prohibited in the absence of prior express authorization issued in writing by the Community or the holder of the relevant right as set forth in the Community Platform.
The trademarks, logos and distinctive signs of the Community are the exclusive and reserved property of the Community and are protected under the current rules on intellectual and industrial property rights.
The Community Platform contains links and links to third-party websites. It is understood that the Community Platform does not control, manage and is not responsible, in any way or towards any natural or legal person, for the content, availability, accuracy of such sites, as well as compliance with any rules on the protection of personal data or intellectual property of the same.
The Users, in using the Community Platform, grant the necessary permissions on the content posted. It is understood that the Users, when sharing, posting or uploading a content covered by intellectual property rights on the Community Platform, grant a royalty-free, transferable, sub-licensable, transferable and global license to store, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works of its content, subject to the Terms of Use.
The permissions under this Article will cease to exist once the contents on the Community Platform is deleted by the Users and/or by the Community Platform itself. It is understood that Users may delete published contents and their account at any time, via the privacy management section contained in the Community Platform, in compliance with the Privacy Policy.
The User agrees to indemnify and hold harmless the Community, as well as its licensors and business partners, from any liability, loss, damage, claim, pecuniary or other penalty, cost and burden, including, but not limited to, any legal fees, in connection with the User’s failure to comply with the provisions of this Code of Conduct.
The User also agrees to indemnify and hold harmless the Community, as well as its licensors and/or business partners from any and all liability, damages, detrimental consequences and claims, including indemnification and/or damages, in connection with the User’s content and its posting/uploading to the Community Platform. The Community does not endorse any content provided by the User or any opinion, recommendation, or advice contained therein and assumes no responsibility for the same.
The User expressly acknowledges and agrees that the Community, as well as its licensors and/or business partners, shall not be liable, under any circumstances, for any loss or damage of any kind incurred by the User in connection with his/her access to or use of the Community Platform as well as the services and Content available therein.
The information, services and Contents included in or available through the Community Platform may contain inaccuracies or errors, notwithstanding the taking by the Community and its licensors and/or business partners of every reasonable precaution to prevent them to the time of their publication. The Community and its licensors and/or business partners make no warranties or representations as to the suitability, reliability, accuracy, availability, freedom from viruses (or other damage-causing components) and conformity of the Community Platform, the information, software, services and Content available or accessible therein, nor does it guarantee that the Community Platform will function without interruption and be free from defects or malfunctions. Therefore, the Community assumes no liability in connection with the foregoing. This limitation and exclusion of liability does not extend to any liability the limitation and exclusion of which is not permitted by applicable law.
Downloading or other transactions, where permitted, made through the Community Platform, of any material is done at the discretion and risk of the User. The User assumes sole responsibility for any damage to its computer system or loss of data caused by any downloaded content (where permitted).
This Code of Conduct is expressly and strictly subject to Italian law.
For any dispute arising in connection with the application, performance and interpretation of this Code of Conduct, none excluded, the Court of Milan shall have non-exclusive jurisdiction.
Notwithstanding the foregoing, it is expressly understood that the provisions of these Terms and Conditions shall in no event affect the rights of the consumer recognized by its national jurisdiction.