TERMS AND CONDITIONS FOR THE USE OF THE PLATFORM Welcome to Foxwin (Foxwin). Thank you for using our Platform (Platform). 1. Acceptance Access to the Platform is subject to your acceptance of these terms and conditions of use (the Terms and Conditions of Use), of the privacy notice and the consent to the processing of personal data pursuant to Legislative Decree no. 196/2003 and any additional terms and conditions that may apply in relation to the Services (as defined below). By clicking on the acceptance field of these Terms and Conditions of Use, you agree to the content of the Terms and Conditions of Use and you agree to comply with the obligations and prohibitions therein. If you do not agree with the content of these Terms and Conditions of Use and the privacy notice, you cannot take advantage of the services provided through the Foxwin platform. If you use the Platform on behalf of a company or other legal entity, you agree to these Terms and Conditions of Use also in the name and on behalf of that company and/or legal person, declaring to have all the powers to assume such an obligation. In such a case, the references to “you” and “your” in the present Terms and Conditions of Use refer to that company and/or legal person. Acceptance of the Terms and Conditions of Use in the name and on behalf of a legal person determine that the declaring party assumes all related duties and obligations, as well as all the responsibilities connected with and inherent in such declaration. The same acceptance of the Terms and Conditions of Use in the name and on behalf of a legal person exonerates Foxwin from any liability in relation to unlawful or improper conduct put in place by the declarant, both towards the company itself and towards third parties 2. Registration In order to allow you to use the Platform, Foxwin or the information systems manager of the company will provide you with a username and password (collectively, the Account) via email; you will be required to change your password according to the instructions provided. The email containing your login credentials will be fully compliant with the GDPR privacy regulations; indeed, this is a contractual obligation undertaken by Foxwin towards its Customer, who provides Foxwin only with the names and email addresses of the users of the platform. Foxwin will process the data received according to the methods provided for in its privacy policy and will provide for, in accordance with the procedures laid down therein, the encrypted storage of the information received and will cancel them at the end of the processing period. If Foxwin provides you with the Account, it is exonerated from any liability if the password is not changed. You will be the sole party responsible for keeping your password and the information you provide confidential along with the other information related to your Account. You will be, therefore, the sole party responsible for each and every one of the following activities that are carried out through the use of your Account. You will promptly notify Foxwin or, where appropriate, the information systems manager of your company, of any unauthorised use of your Account or any other violation of the password and/or account protection. In any case, Foxwin cannot be held responsible for any damages, costs, expenses and/or losses that you may suffer as a result of the use of your password or username, regardless of you being aware of the circumstance. In any case, it is understood that you may be held liable for any damages, costs, expenses and/or losses incurred by Foxwin or third parties due to the use of your username or password by a third party. www.foxwin.eu Parco Scientifico e Tecnologico Luigi Danieli Via Jacopo Linussio, 51 33100 - Udine The username and password may only be used by the person to whom they are assigned. It is forbidden for multiple people to use a single account. Under no circumstances may you use the username of another person without the specific authorisation of the holder. In no case will Foxwin be liable for any damage, loss, burden, cost and/or expense arising from your violation of this Article 2. Foxwin may use your Account information and any other information relating to how you use the Platform anonymously for statistical purposes and to facilitate its use. If it becomes necessary to send you email communications relating to the use of the platform or notify you of technical changes to the platform or to your account, Foxwin may send you communications via email without your express consent being required. If you are interested in receiving communications about Foxwin offers or offers from the Foxwin Customer, or of third parties, your express consent will be needed, which you can freely express or otherwise without this changing the possibility of using the services provided by Foxwin through the platform. 3. Platform and content rights The Platform is the exclusive and uncontested property of Foxwin. The acceptance of these Terms and Conditions of Use does not imply the granting and/or establishment of any rights concerning the Platform in your favour (including, but not limited to, rights regarding the ownership, exploitation, reproduction, licensing, use, distribution and/or use in general). You further declare to be aware that all contents and materials made available by Foxwin through the Platform or otherwise (the Foxwin Content), are protected by intellectual property rights and by law and are the property of Foxwin. Reproduction, copying and/or distribution, and/or publication of such material shall be deemed to be strictly prohibited, except with the prior written consent of Foxwin. It is strictly forbidden to reproduce, copy, distribute or publish material related to the platform which remains the exclusive property of Foxwin. 4. Description of the services Through the Platform, Foxwin gives access to a wide range of services and resources, including chats, communication and user interaction forums, profiling and groups, and definition of business objectives (collectively referred to as the Services). The Services, including any updates, optimisations, new features and/or implementations are subject to these Terms and Conditions of Use. 5. Use of the services and the platform You may use the Services and the Platform only in accordance with these Terms and Conditions of Use. The Services, unless otherwise specified, are intended to be only for personal and non-commercial use. In addition, the material uploaded to the Platform may be subject to restrictions on use, reproduction, and/or disclosure, and it is your responsibility to adhere to the above limitations if you make use of that material. By way of example, while using the Services and, more generally, the Platform, you agree not to: use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or tool or any other equivalent manual process to (i) access, acquire, copy or monitor any part of the Foxwin Platform, Services and/or Content; (ii) reproduce or compromise the navigation or presentation structure of the Platform or the Services and/or the Foxwin Content; (iii) obtain or attempt to obtain any material, document or other material from, or to make any representations about, the Foxwin Content; in addition, you must not use any tools or software to interfere with or attempt to interfere with the proper operation of the Platform and/or the Services or with any operation taking place through the platform: www.foxwin.eu Parco Scientifico e Tecnologico Luigi Danieli Via Jacopo Linussio, 51 33100 - Udine • attempt to gain unauthorised access to the Platform, Services or other accounts through the misuse of passwords, forgery of passwords or other unlawful means; • use the Services in any way that could damage, disable, overburden or impair the Platform (or its operation) or interfere with the use of the Platform and the enjoyment of the Services by any other users and/or third parties in general; • probe, examine or test the vulnerability of the Platform or of any network connected to the Platform, nor violate or attempt to violate the security or authentication measures of the Platform or of any network connected to it. • trace or attempt to trace any information relating to other users of the Platform and/or any other third party who has access to it, nor exploit economically the Services and/or the Platform and/or the Foxwin Content; • create or forge headers or manipulate identifiers in order to counterfeit the origin of messages or transmissions or uploads that you send to Foxwin and/or to the Platform; pretending to be another person (e.g. by personifying another subject), creating a false identity or removing the identifier “Powered by Foxwin” or other similar messages from the Services and/or the Platform in general; • modify the navigation bar of the Platform; • transmit and/or upload to the Platform sensitive personal information such as, but not limited to, information about you or a third party relating to health status, political, sexual and religious orientation, ethnic origin and/or economic status; • use the Platform and/or the Services in connection with surveys, competitions, sending of junk mail or any other unsolicited messages (commercial or otherwise); • post, upload, distribute or disseminate any inappropriate comments, names, materials or information, that is defamatory, obscene, indecent or illegal; • abuse, usurp, jeopardize, threaten or otherwise violate the rights of other users; • upload or otherwise make available files containing images, photographs, software or other material protected by intellectual property laws, including, but not limited to, copyright or other laws on registered trademarks, unless you have the rights relating thereto or have received the required authorisations; • use material or information, including images or photographs, made available on the Platform, in a way that violates the rights relating to copyright, trademarks, patents and trade secrets or other proprietary rights of third parties or other users; • upload files that contain viruses, trojan, horses, worms, time bombs, corrupted files or other software; or similar program that may damage the operation of the Platform, a computer, or a computer of another user and/or the property of another user or third party; • advertise or offer to sell or purchase goods or services for any commercial purpose, unless the Services do not explicitly allow such messages; • download files posted by another user, that you know, or should reasonably know, cannot be legitimately reproduced, displayed and/or distributed in these manners; • restrict or prohibit other users from using the Platform; • collect or otherwise gather information about other users, including their email addresses; • violate any applicable law or regulation; Foxwin is not obliged to monitor the use of the Platform by users, with the exception of specific commercial agreements with its customers. In the latter case, Foxwin reserves the unquestionable right to suspend the provision of the service, with respect to those accounts that violate even a single provision contained in the following Terms and Conditions of Use. At the sole discretion of Foxwin, the suspension of the provision of services may be temporary (by sending an email containing the description of the violation and the suspension time) or final (by sending an email that certifies the removal of the account). If for any reason the Customer of Foxwin considers it appropriate to restore the access credentials for a person who has suffered the removal of the account, we inform you that as a result all the contents www.foxwin.eu Parco Scientifico e Tecnologico Luigi Danieli Via Jacopo Linussio, 51 33100 - Udine previously inserted will be eliminated and no longer usable because encrypted and archived on the servers available to Foxwin. Foxwin does not control - except as described above - does not approve and does not endorse the content, the messages and/or the information made available by users on the Platform and, consequently, does not assume any responsibility for any conduct resulting from the use of the Services by the users. You are, therefore, fully responsible for your conduct in using the Services and/or the Platform and for the contents of your Publications (as defined below), for which Foxwin does assume any responsibility. In any case, Foxwin reserves the right to delete your Account in the event of reports about violations of this Article 5. 6. Rights to material uploaded to the platform Foxwin does not claim ownership of the material and, more generally, of the data provided by you on the Platform (including any comments and suggestions), nor of the material and data you have published, uploaded or sent to any Services or associated services (collectively, Publications). However, by posting, uploading, sending or providing (Submitting) the Publication on the Platform, you grant Foxwin with the permission to use the Publication for the express purpose of managing the Platform and Services, which shall include, inter alia, the licensing rights for: copying, distributing, transmitting, displaying and publicly performing, reproducing, modifying, translating, distributing, and reformatting the Publication, as well as associating your user name to the Publication; all this in order to improve the operation or use of the Platform itself. Foxwin may also use the Publications and, more generally, the information associated with your Account (after anonymisation) to provide data analysis and reporting services to your company. In relation to the use of the Publication, as described in these Terms and Conditions of Use, no payment will be made to you. In addition, by submitting a Publication, you represent and warrant the ownership of all rights relating to the Publication, including, without limitation, all rights necessary to provide, insert, upload, publish or transmit the Publication. It is understood that you will be the sole party responsible for the preservation and protection of your Publications, for which Foxwin shall not be liable in relation to any loss or damage. 7. Changes to the general terms and conditions of service Foxwin reserves the right to modify and update these Terms and Conditions of Use at any time, without notice, by publishing the modified version on its website. The updated and modified version of the Terms and Conditions of Use will become effective upon their publication and can be viewed and printed by clicking on the relevant hyperlink “Terms and conditions of Use” on the Foxwin website (www.foxwin.eu). 8. Changes to the Services Foxwin is constantly committed to the innovation and evolution of its Services, in order to provide the users with the best possible experience of the Platform. To this end, by signing these Terms and Conditions of Use you acknowledge and agree to the fact that the Services may be subject to change and periodic update, without notice. The changes may include, without limitation, changes or removals of functionalities or other aspects of the Services. Foxwin will in any case not be liable to you or to any third party for any modification, suspension or discontinuity of all or part of the Services. In particular, you accept the possibility that limits are introduced on certain functionalities and/or services, as well as restrictions on access to part of the Services, without notice or liability of any kind to Foxwin. Changes to the services of the platform cannot in any way generate for Foxwin a liability towards the user. Any liability towards the user shall be determined by the contract concluded with the same. Since you are not a party to the contract, you do not have a right of withdrawal if the change to the services determines your willingness to stop using Foxwin’s services. To this end, we remind you that you can always and at any time request the cancellation of your account and publications made or the delivery of the www.foxwin.eu Parco Scientifico e Tecnologico Luigi Danieli Via Jacopo Linussio, 51 33100 - Udine publications themselves in a standard format that can be modified, by submitting a simple request to the Foxwin Customer who will then communicate your decision to Foxwin. 9. Links to third-party sites The Platform may allow links to third party websites and/or resources available on the Internet and such third-party sites and/or resources may have a link to the Foxwin website and the Platform. The aforementioned third-party sites and/or resources present on the Internet are not and cannot be under the control of Foxwin and, by accepting these Terms and Conditions of Use, you acknowledge and agree that Foxwin shall not be responsible for the content, functions, accuracy, legality, appropriateness and/or for any other profile relating to such third-party sites and/or resources. The inclusion of a link does not imply any form of acceptance by Foxwin that, therefore, will not be liable, neither directly nor indirectly, for any damage, burden, loss, cost and/or expenditure determined or assumed to be determined by or in connection with the use of or reliance on any content, asset, information or service made available on the aforesaid third-party sites and/or resources available on the Internet. For these third-party subjects, therefore, the privacy policies and conditions of use already communicated and made available must apply. Any cases relating to third parties that are contrary to the mandatory rules or privacy conduct in force cannot be attributed to Foxwin. Moreover, Foxwin cannot be considered responsible in relation to the compliance or lack thereof by third parties in relation to the GDPR. 10. Warranties and limitations of liability The Platform and Services are made available according to the “as is” principle, without any kind of guarantee, whether implicit or explicit, on their conformity for a specific use. In particular, Foxwin does not guarantee in any way that the Platform and the Services are made available in an uninterrupted, timely, secure and/or error-free manner, nor that the use of the Platform and the Services will meet expectations. Without prejudice to the provisions of Article 11 below (Indemnification), with reference to the Platform and to the Services in no event shall Foxwin be liable, (i) for any direct and/or indirect damages or loss of profit reported or suffered, except in the case of wilful misconduct and/or gross negligence of Foxwin; (ii) for any virus, Trojan horse or similar (regardless of the source from which it originated); (iii) for any errors and/or omissions in your Publications, nor for losses, damages, costs and/or expenses arising from or in connection with your use of the Services and/or the Platform. 11. Indemnification By accepting these Terms and Conditions of Use, you agree to be the sole party to this agreement responsible for your publications and, more generally, for the activities that you will carry out on the Platform and/ or in the use of the Services, expressly agreeing to indemnify and hold Foxwin and each of its employees, directors, suppliers and/or representatives harmless from any liability, claim, damage, charge, cost and expense (including legal fees) arising from or in connection with (i) the use of the Services and/or the Platform; (ii) the use of the Services and/or the Platform by a third party using your Account (whether or not authorised by you; (iii) your Publications; (iv) your violation of these Terms and Conditions of Us. 12. Termination Foxwin reserves the right to restrict, suspend or terminate your access to the Platform and the Services in the event of a breach of any of these Terms and Conditions of Use; in the event that (i) these Terms and Conditions of Use are violated; (ii) the Services and/or the Platform are used in a manner that exposes or threatens to expose Foxwin to any liability; (iii) the services and/or the platform are tampered with by other users. (iv) it is required by law and/or by any judicial and/or administrative authority. The above limitation, suspension or termination will occur at the absolute discretion of Foxwin, which will in no case be liable for any damage that may result or even only be reported in connection with such limitation, suspension and/or termination of your access to the Platform and to the Services. www.foxwin.eu Parco Scientifico e Tecnologico Luigi Danieli Via Jacopo Linussio, 51 33100 - Udine Following the termination of your access to the Platform and the Services, you will no longer have access to your Publications and data related to your Account, which will be anonymised and stored in the servers available to Foxwin. Foxwin does not assume any obligation to retain such data. Foxwin will proceed to their anonymisation and their subsequent use and/or transfer to third parties for statistical purposes and/or to implement the Platform. 13. Communications Once the contract between you and Foxwin has been concluded in accordance with these conditions, it will be sent to you at the address communicated to Foxwin along with a summary of the contract, the reproduction of the conditions for unilateral withdrawal, a copy of these general conditions of service and of the notice on the processing of personal data. This communication does not mark the conclusion of the contract, which has already taken place in the manner described in Article 1. By concluding the contract in accordance with these general conditions, you agree to receive electronic communications from Foxwin and you accept that all agreements, notifications and other communications between you and Foxwin will be provided to you in electronic form (which will be deemed equivalent to the written form for all legal purposes). Electronic communications may be made via email (to the address you have provided and associated with your Account) or by means of communications on the Foxwin website or on the Platform or on the page of the Platform associated with your Account. 14. Applicable law and jurisdiction Foxwin wants to make sure that your experience with the Platform and Services is always positive. If you have any problems, please contact our support team, which can assist you in resolving the problems encountered. However, if you are initiating formal legal proceedings, you acknowledge and agree that these Terms and Conditions of Use shall be governed by Italian law. Except in cases where the competent court is irrevocably determined by law, any dispute that may arise between you and Foxwin in relation to these Terms and Conditions of Use (including, without limitation, those relating to their interpretation, validity or performance) will be transferred to the Arbitration Panel of the Udine Chamber of Commerce and decided in accordance with the Regulations of the Arbitration Panel of the Administered Arbitration Services. The parties concerned in the dispute may challenge the arbitration award before the competent Court of Appeal also for violation of the rules of law relating to the substance of the dispute.