These Terms and Conditions and their future updated versions lay down the legally binding terms than regulate and apply to the use of all services provided by Yougreen. By accessing Yougreen and using its services, the user accepts and agrees to these terms and conditions; this agreement applies to both simple "visitors" (that is, whoever explores or uses Yougreen services without being registered) and to "members" (who have registered with Yougreen). The term "user" refers to both visitors and members.
Yougreen reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Every change will be effective as of the time it is posted on Yougreen. The user is required to periodically check the Terms and Conditions of Use for changes. The use of Yougreen services following the posting of changes constitutes the user's tacit agreement to any change. The user who does not wish to accept these Terms and Conditions or the provisions contained in this contract, must immediately cease using Yougreen services.
BY USING YOUGREEN, THE USER ACCEPTS THESE TERMS OF USE; IN CASE HE/SHE DOES NOT ACCEPT THESE TERMS OF USE, THE USER MUST REFRAIN FROM USING YOUGREEN SERVICES.
Subject to compliance to these Terms of Use, Yougreen grants the user a personal, non-exclusive, non-transferable and limited right to access and use its services.
1. Requirements for use
The use and registration to Yougreen services are void where prohibited. By using the services provided by Yougreen, the registered member represents and warrants that: (a) all the data provided upon registration are true and accurate; (b) he/she will maintain the data updated; (c) his/her use of Yougreen services does not violate applicable laws.
2. Content- Exclusive property rights on the content published on Yougreen
All the contents and information uploaded and published by the user on Yougreen are and remain exclusive property of the user who uploaded them; the user can always monitor in what way contents and information are shared, through his/her settings for privacy and applications. Yougreen does not claim any ownership rights on content uploaded by users and expressly acknowledges and accepts that the user who uploaded the content is the sole owner and is responsible for it, without prejudice to relevant provisions of the limited use license contained in this Contract. The user represents and warrants that: (i) he/she owns the contents posted on, through or in connection to the services of the Yougreen platform, or has the right to grant the license described in paragraph 3); (ii) the posting of contents on, through or in connection to Yougreen services and/or connected services does not violate current regulations, including privacy rights, image rights, copyrights, contract rights and any other right that appertains to natural and legal persons. The user will not use nor publish on Yougreen contents that are registered with any Copyright Authority, for whose use or publication royalties, fees or other monies are owed. Subject to Yougreen's Terms of Use, the user must not upload, archive, distribute, send, transmit, display, perform, make available or in any other way communicate to the public, contents for which he does not hold the necessary rights. More specifically, any unauthorized use by the user of material protected by copyright (such as reproducing, distributing, modifying, adapting, publicly displaying, publicly performing, preparing derivative works, making available or otherwise communicating to the public through the platform) can constitute violation of third-party rights and is forbidden.
3. Contents
The contents present on Yougreen ("contents"), such as graphics, user interfaces, visual interfaces, photographs, logos, images or other, are owned, controlled or licensed by or to Yougreen, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Yougreen is the owner of and reserves all the rights on its contents and services.
All of the contents uploaded and published by users, such as posts, videos, photographs, images, comments and any other content or information displayed and distributed through Yougreen, remain exclusive property of the users and are exclusively controlled by users themselves and not by Yougreen. Therefore, Yougreen expressly acknowledges and accepts that the user who uploaded a content remains the sole owner and is responsible for it, without prejudice to the provisions of the limited use license contained in this Contract.
User's Representations and Warranties on Contents
The user represents and warrants that:
1. The contents uploaded on Yougreen, including sent messages, are not and will not be offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism and illegal acts, and will not incite hatred on grounds of race, gender, religion or sexual orientation;
2. The contents uploaded or published by the user will not entail any liability for Yougreen, nor its branches, affiliates, successors and assignees, nor its employees, agents, directors, officers and / or shareholders.
Yougreen reserves the right to remove contents, to suspend or deny access to the platform and/or exercise all legal actions, if the user should commit any violation of the contents or of the above representations and warranties, or in case the user should violate the rights of another person or violate laws, regulations and rules.
Forbidden contents and activities
The user must carefully choose the information and contents he/she wishes to make known and visible to other users by publishing them on, through or in connection to Yougreen services.
The user will not upload or publish on Yougreen any kind of content or information that is forbidden.
Yougreen is not responsible for any content or information that is unauthorized, unacceptable, partially or totally in breach of the present Contract, that may be uploaded or published by users on Yougreen through its services or connected services despite the prohibition above.
Yougreen reserves the right to to reject, refuse to publish or remove any content for any reason, such as - by way of example - contents that, in Yougreen's unquestionable judgment, contravene the conditions of this Contract or are offensive or illegal, or violate the rights of natural or legal persons, or damage or threaten the safety of natural or legal persons. Yougreen has no obligation to monitor its services in search of improper behavior or contents. If, at any time, Yougreen should decide at its sole discretion to monitor the contents published through its services, it is not however responsible for the contents themselves, nor does it have any obligation to modify or remove improper content, nor is it responsible or liable for the conduct of the user who entered said content.
The user is the sole person responsible of the contents he/she publishes on, through or in connection to Yougreen services or connected services, and of the material or information he/she transmits to other users, and of the activity he/she partakes in with other users.
The following are examples of contents whose publication on, through or in connection to Yougreen services is illicit or forbidden. Yougreen reserves the right to investigate and to exercise the appropriate legal actions towards whoever, in Yougreen's unquestionable judgment, should breach the present rules, including - by way of example and not exclusively - removing the forbidden contents from Yougreen services, terminating the offender's registration and/or reporting offending contents and activities to competent authorities.
In Yougreen's unquestionable judgment and only as an example, the following types of contents are forbidden:
3. Contents that are clearly offensive or in any way exalt and promote racism, fanaticism, hatred or physical violence of any kind towards groups or individuals;
4. Contents that harass or encourage the harassment of other persons;
5. Contents aimed at sexual or violent exploitation of individuals;
6. Contents containing nudity, excessive violence or offensive language, or links to adult websites;
7. Contents that are threatening, pornographic, incite hatred, contain nude or gratuitously violent images or graphic art;
8. Contents that publicly divulge information that puts the privacy or safety of other persons at risk;
9. Contents that are or publicize information that the user knows to be fake or deceptive, or that promote illicit activity or abusive, threatening, obscene, libelous or defamatory behavior;
10. Contents that are or publicize illegal or unauthorized copies of works that are protected by copyright, such as pirate computer programs or links to such programs;
11. Contents that favor or promote criminal activities or organizations or supply information on illicit activity, among which, but not limited to, the production or illegal purchase of weapons, the violation of others' privacy, the creation or offering of computer viruses;
12. Contents that request or are built to request other Users' passwords or personal identification data for commercial or illicit purposes;
13. Contents that contain photographs or videos of other people, published without the interested parties' consent;
14. Contents that breach, or attempt to breach third-party rights in matter of privacy, publicity, copyright, trademarks and patents, contract rights and rights of any other nature.
The following are examples of activities that, in Yougreen's unquestionable judgment, are not permitted while using its services because illicit or forbidden:
15. To upload viruses or any other harmful component on Yougreen;
16. To try to obtain access information or to access the accounts of other users;
17. To slander, intimidate or harass other users;
18. Any criminal or illicit activity, including but not limited to, porno-pedophilia, fraud, trafficking obscene material, drug trafficking, gambling, harassment, libel, persecutory behavior, forwarding of viruses or other harmful files, violations to intellectual property and patents, theft of commercial secrets;
19. Any advertisement or other solicitation to other users to purchase or sell products or services through an unauthorized and unacceptable use of Yougreen services;
20. To circumvent or alter, attempt to circumvent or alter, or encourage or help others to circumvent or alter any data security software or technology that is part of Yougreen services;
21. Activities that use viruses, bots, worms, or any other harmful component, file or computer program which might disrupt, destroy or impair the functionality of software or hardware, or which consents the unauthorized use or access to a computer or to a computer network;
22. Any automatic use of the system, including but not limited to the use of scripts to send posts, comments, etc;
23. Using devices that create interferences, disruption or excessive load on Yougreen services or on networks and services connected to Yougreen services;
24. Impersonating a Yougreen employee, director or moderator, or another user or person or authority (including, but not limited to, the use of email addresses connected to these persons);
25. Using the account, username or password of another user, revealing one's own password to third parties, or allowing third parties access to one's account;
26. Selling or transferring one's profile or URL;
27. Using or divulging information obtained through Yougreen services to harass, offend or damage or attempt to harass, offend or damage other natural or legal persons;
28. Displaying unauthorized advertisements on one's wall, accepting payment in valuables or money in exchange for advertising activity for third parties through an unauthorized and unacceptable use of Yougreen services, for example posting commercial contents and links to commercial sites unauthorized by Yougreen on one's profile, publishing blogs or ads or sending private messages with commercial purposes;
29. Using invalid or false headers to hide the origin of the contents transmitted to or through Yougreen computer systems, or otherwise counterfeiting one's identity or the source of any message or content;
30. Using Yougreen's services for illegal, deceptive, malicious or discriminatory purposes, and in any way not in keeping with applicable laws.
In the case of certain behavior, Yougreen reserves the right to terminate the registration of users responsible of repeated violations.
Termination
The present Contract and following published updated versions will remain in full force and effect for the whole period during which the user uses or is registered with Yougreen.
The user will be able to revoke his registration at any time, for any reason, following the instructions in the settings page of his/her account.
Yougreen has the right to revoke registrations at any time, for any reason, without prior notice or explanation, without incurring penalties or sanctions.
Furthermore, Yougreen reserves the right, at its sole discretion, to reject, refuse to publish or remove content published by the user, or to deny, limit, suspend or terminate access to all or part of the Yougreen services at any time, for any reason, without prior notice or explanation, without incurring penalties or sanctions.
Yougreen also reserves the right, at its sole discretion, to reassign or rename the URL of the user's profile. Yougreen expressly reserves the right to remove the user's profile and/or of to deny, limit, suspend or terminate access by the user to all or part of Yougreen services, in case Yougreen should determine, at its sole discretion, that the user has breached the present Contract or represents a threat for Yougreen and/or the public in general.
The present Contract will also remain in full force and effect after the termination of the user's registration.
Privacy
Yougreen is subject to its Privacy Policy, which is made a part of these Terms of Use by this reference.
Block and removal of contents
Yougreen has no legal obligation to monitor the contents of the platform; nonetheless, Yougreen reserves the right to block, remove or cancel any content in any moment, and to limit or restrict access to any content, for any reason, without liability and without limitation, if Yougreen considers that such content violates or could violate the rights of third parties, or that such contents have been transmitted or sent in violation of these Terms of Use or in violation of applicable laws, or whether such contents are considered unacceptable by Yougreen.
Changes
Yougreen reserves the right to change these Terms of Use without prior notice to the user. Such changes may be made for legal or administrative reasons, or for reasons of another nature, without objections from the user.
Disputes between users
The user is solely responsible for his interactions with other Yougreen users.
Yougreen reserves the right, but has no obligation, to become involved in such disputes in any way.
Disclaimer
Yougreen does not represent or warrant that the contents published on, through or in connection to its services will be error-free, reliable or uninterrupted, or that any defects will be corrected, or that the use of Yougreen's services will provide specific results for the user.
Yougreen does not make any representations or warranties regarding the contents published by users or the accuracy and reliability of these contents published on, through or in connection to Yougreen services or connected services, contents which do not necessarily correspond to Yougreen's opinions and policies.
Yougreen disclaims any and all liabilities for any loss or damage, arising from users of the services, or from devices or programming activities connected to the services provided by Yougreen.
Profiles and the connected services created and published by users on, through or in connection to Yougreen services may contain links to other sites or services.
Yougreen is not responsible for the contents and opinions expressed in such sites and services; furthermore, Yougreen has no obligation to carry out inquiries, to monitor or to control the accuracy and the completeness of such sites and services. The presence of links to third-party websites or services in Yougreen services does not imply Yougreen's approval or endorsement of such sites or services. Users who access these third-party sites and services do so at their own risk.
Yougreen is not liable for third-party advertisements or connected services published on, through, or in connection to Yougreen services or connected services, nor for products or services provided by third parties.
Yougreen is not responsible for its users' conduct, whether carried out on the Internet or in any other situation. Yougreen is not liable for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failure, theft, destruction, unauthorized access or alteration of communications.
Yougreen is not liable for any problem or technical damage to telephone lines or networks, online computer systems, servers, providers, computer equipment, software, nor for the malfunctioning of email programs, or audio/video programs due to technical problems or excessive traffic on the Internet, on the services provided or on connected services, or to a combination of these factors, including, but not limited to, injury or damage to users or to users' computers caused by or in any way connected to participation to activities or download of material through the services provided or connected services. In no event will Yougreen be liable for loss or damage, including but not limited to, personal injury and death arising from the use of the services provided or connected services, from the participation to a Yougreen event, from contents published by users on, through or in connection to the services provided or connected services, from the conduct of one or more users of the same services, whether this conduct be carried out on the Internet or in any other situation.
The above disclaimer applies to any damage, liability or injuries caused by any failure of performance , error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction or unauthorized access, alteration or use, whether for breach of contract, tort, negligence or any other cause of action.
Yougreen reserves the right to do any of the following, at any time, without prior notice: (1) to modify, suspend or terminate operation of or access to the services provided or to portions of these services, for any reason;(2) to modify or change the services provided, or any portion of the services, and any applicable policies or terms, and (3) to interrupt the operation of the services provided or portions of the services, as necessary to perform routine or non-routine maintenance, error correction or other changes.
Limitation of Liability
In no event will Yougreen be liable to the user or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, lost profits as consequence of the use of the services provided or of connected services, even if Yougreen has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Yougreen is found to be liable to the user for any damage or loss which arises out of or is in any way connected to the use of the services provided or of their contents, whatever the cause of this liability and independently from the course of action undertaken, Yougreen's liability will always and in any case be limited to the total of any subscription or fee paid by the user for the service provided during the period he/she was a registered member.
Dispute resolution – Governing Law
All matters relating to the present Contract or to the use of Yougreen, including all disputes, will be governed by Italian laws, without regard to its conflicts of law provisions, and will be resolved by the competent Italian judicial authorities.
In case of dispute, the user accepts and submits exclusively to Italian jurisdiction and expressly waives any objection to such jurisdiction.
Any claim under these Terms of Use must be filed within one (1) year after the cause of action arises, or the cause of action is permanently barred.
No recovery may be sought for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
In the event of any controversy between Yougreen and the user arising out of or in connection to the services provided, the parties shall attempt to resolve any such dispute, promptly and in good faith. If the parties are unable to resolve the controversy within a reasonable time (not to exceed thirty (30) days) then either party may submit such controversy to mediation.
If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
If complaints should be filed against Yougreen because of actions, contents and information uploaded or published by the user, the user himself/herself will be held liable to indemnify and hold Yougreen harmless from any damage, loss or expense (including attorneys' fees) arising from such complaint.
I DECLARE I HAVE READ THE PRESENT CONTRACT AND ACCEPT ALL THE PROVISIONS IT CONTAINS.