Terms of Use
TERMS AND CONDITIONS OF USE OF THE "ROMA09.IT" WEBSITE
Carefully read the terms hereunder as they define the conditions of access and use of the website.
1) DEFINITIONS
The registered office of the Organizing Committee of the 13th FINA World Championships – Roma 2009 is at Piazza Lauro De Bosis No3, 00194 Rome.
• terms and conditions of use refers to the terms and conditions which regulate the use of this website by the user.
• services refers to the functions, devices, applications, information and other services accessible through this website.
• user refers to any person which accesses and/or utilises this website.
• website refers to the "home page" and other pages characterized by the domain names ROMA09.it and ROMA09.com, managed by the "Organizing Committee of the 13th FINA World Championships – Roma 2009"
• material/s refers to any type of material or immaterial good which is rendered available through this website, including for example merchandising products, data, drawings, images, photographs, illustrations, descriptions, informative texts, films, audio files, music and sounds, services, software and other accessorial programs.
• content/s refers to messages, data, information, texts and other material including that of advertising nature.
2) RELATION BETWEEN ROMA09 AND THE USER
In accessing, surfing or in any way using the website, the user agrees to comply by the terms and conditions of use and other dispositions and directives that the terms and conditions of use refer to as well as to any of their subsequent modifications. Where the user does not agree to be bound by the above, including any subsequent modifications, he/she must not access, surf or in any way use the website.
Roma09 reserves the right to integrate or modify at its own discretion any of the dispositions contained in the terms and conditions of use including any disposition and/or directive that the website refers to.
The integrations and modifications will be effective with their publication on the website along with a notice of the modification and/or integration. The use of the website, subsequently to the publication of the above mentioned notice, will entail the users consent to comply to the modifications even if he/she has not taken vision of these modifications. Therefore the user must frequently read the terms and conditions of use in order to verify, once in an while, the new active dispositions in order to be aware of the terms and conditions which regulate the use of the website.
3) LICENCE – PROSCRIPTION OF USE (INTELLECTUAL PROPERTY RIGHTS)
Roma09 grants a limited and not exclusive right of access to the website and to the materials contained within for non commercial and purely informative personal purposes.
The licence is conditioned by the users acknowledgment, compliance and respect of all intellectual property rights relative to the materials, as for example copyright, rights afferent to trade marks and other intellectual property rights or intellectual deprivation, owned by Roma09 and of whom the customer doesn't acquire any entitlement.
All the Materials of this Website are protected by the copyright defined by the expression "ALL RIGHTS ARE RESERVED" owned by Roma09 and by its affiliates and/or Partners and/or of third party licensees.
Except for the present, no material can be copied, modified, reproduced, distributed, publicised, downloaded, rendered accessible to the public, diffused or transmitted in any form and through any means, without the prior written consent of Roma09 or a qualified representative; nor may any notice, indicator of copyright or other type of patent contained in the materials be removed or altered.
The authorization of use of the website does not include the faculty of selling, commercializing, distributing the contents of the website or create works and/or materials derived from the website materials, such as for example website framing activities, reproduction of client information of use to others and/or any type of data extraction and/or use of apparatus for the gathering and extraction of data contained in this website.
Roma09 expressly prohibits the uploading on the website of users materials such as, for example, music, software, images and any other materials which constitute a violation of the intellectual property rights of third parties, except for when the user has obtained the necessary authorizations.
4) DISPUTES REGARDING CLAIMS OF COPYRIGHT VIOLATION
Roma09 respects the intellectual property rights of third parties. Where the user deems that his/her work has been copied and uploaded on this website and that such actions constitute a copyright violation, he/she must provide the Roma09 responsible with the following written documentation:
• Signature, even digital, of the person authorized to act on behalf of the copyright owner.
• Description of the copyrighted work that the uses deems to be violated.
• Indication of the exact position, within the website, of the copyrighted material that the user deems violated.
• Users declaration of good faith regarding the fact that the contested use was not authorized by the copyright holder, by the claimant or permitted by law;
• Users declaration sworned that the above information is correct and that the user is the only copyright holder or that he is authorized to act on behalf of the copyright holder.
5) CONTENTS PROVIDED BY THIRD PARTIES
This website will be allowed to comprise interactive areas and/or areas dedicated to debates; the forum and interactive areas comprised in the website must be utilized exclusively for non commercial purposes.
By using the forum or interactive areas the user agrees to not act in any of the following manners:
• Upload, distribute or in any other way render available to the public through the website materials which are illicit, defamatory, reviling, obscene, pornographic, contrary to public decency, vulgar, that include harassments or threats, which violate the privacy of third parties, offensive, which incite violent behaviour and are in any way condemned.
• Upload or transmit contents which could constitute or encourage penal illecits, violate third party rights, interfere with the use of the website of third parties or with the privacy of other users, encourage anyone to violate the law or act in a manner which could constitute an illegal action or violate any law or rule whether national or international.
• Upload or transmit contents which can violate rights afferent to patents, marks, commercial patents, copyrights or other intellectual property rights, of third parties, containing viruses or any other component which could damage or misleading declarations or deceptive declarations regarding the origin of the materials of the communication.
• Indicate false generalities or in any case declare the false regarding ones relation to a subject whether this may be a physical or juridical entity.
• Distribute, transmit or render available to the public promotions, publicity, market research, competitions and/or manifestations with prizes, monetary requests, goods, services, including junk mail and spamming, where these have not been expressly requested to Roma09 and the relevant written authorization been received.
Roma09 does not undertake any responsibility for the contents rendered available or uploaded by the user or by third parties which contain eventual errors or defamatory, offensive, not complete, deceitful, obscene, pornographic or blaspheme materials which may be found.
As a mere s supplier of connection services Roma09 supplies only a forum and does not hold itself responsible for the declarations, affirmations and contents transmitted by the user.
Roma09 has the right, but not the obligation to control the activity and contents of its interactive areas and areas of debate.
Roma09 can carry out investigations on claimed violations and subsequently adopt opportune measures.
Roma09 reserves the right, to be exerted with absolute discretion, of removing, preventing the access or eliminating contents which are illicit or in any other way abusive.
In order to carry out legitimate governmental requests or judges rulings, as well as to protect the systems and the users, in other words to ensure the integrity and good functioning of the systems and of its own activity, Roma09 may access and communicate the information it retains necessary and opportune, such as for example information regarding the users personal data (name, email address, etc), the IP address, access information, historical navigation data.
Roma09's right to communicate the above information will prevail against contrary statements contained in Roma09's privacy policies.
Roma09 reserves the right to communicate to the competent authorities the information regarding users violations of the terms and conditions of use or of laws.
Roma09 does not assume any responsibility for users who render their own personal data available to third parties; such data is therefore communicated at the users own risk and Roma09 does not assume any responsibility for third parties.
Roma09 will not be responsible for the non authorized use of users data by third parties in the case in which the data has been communicated by the user.
6) USERS RESPONSIBILITY FOR HIS/HER CONDUCT
The user will be retained the only responsible of the contents of the messages of the information that he/her uploads or renders available on the website, including within the debate and interactive areas of the website.
The user agrees to relieve and indemnify Roma09 from any pretence, action, claim, loss or damage (included legal fees) put forward or proposed by third parties and which derives from the users conduct, from the violation of the conditions of use or third party's rights.
7) LINKING
The user is conceded a limited and not exclusive right to create a link to his/her website as long as this website does not represent Roma09 or that one or more of his/her products and/or services does not represent Roma09 in a false, defamatory, or misleading manner or in any manner which discredits Roma09. The user can not use the logos or other graphic elements, such as Roma09 marks, as visual link to the website, without the prior written consent of Roma09. The authorization of use can be revoked at all times.
The link will have to redirect to the homepage of the website and it has to be evident that the website and its contents don't have any relation to the website which contains the link.
8) ABSENCE OF GUARANTEE
This website and the materials contained within are provided "in the state in which they appear" without guaranties of any kind.
Roma09 reserves the right to modify all or part of the contents of the website in any moment without any notice.
Every reference to products, services or other information, including business names, company marks, information of third party producers or suppliers, does not constitute or imply an approval and/or recommendation by Roma09 and/or the existence of juridical relations, even of contractual nature, including sponsorship contracts between Roma09 and these third parties.
Except for the application of the contents of art 1229 of the civil law code in the presidential decree no.224 of the 4th of March 1988 and of art 1469 bis-sexies of the civil law code Roma09:
• Does not recognise legal or contractual guaranties, such as commercial guaranties, guaranties of adequacy for particular purposes, of the entitlement and of non violation of third party rights to the materials, for the contents, services and products available on the website.
• Declares that the information in the website does not consist in legal, professional and/or financial consultancy services.
• Does not guarantee the correctness and accessibility of the contents of the website, although it will make sure to check that they are correct, reliable and updated.
• Does not guarantee that the materials contained in the website and the services supplied by it are suitable, complete, reliable, updated or without errors caused by viruses or any other element which could cause damage to the users computer, to his/her system and/or to other goods.
The user declares to relieve and protect Roma09 form any damage and expense (such as for example bills and legal fees) derived from third party requests regarding the users violation of the terms and conditions of use.
The user agrees to cooperate with Roma09 within the reasonable means to ensure that Roma09 may appropriately defend itself against claims and/or actions of third parties.
9) INVALIDITY AND/OR PARTIAL INEFFICIENCY
The invalidity or inefficiency of any disposition of the terms and conditions of use will not influence the validity or efficiency of any other disposition or part of disposition.
10) WITHDRAWAL
Roma09 reserves the right, without notice and discrectionary, to withdraw from the terms and conditions of use and to prevent the users access to the website.
11) APPLICABLE LAWS AND LEGAL COURT
The terms and conditions of use will be sustained and interpreted by the Italian law except for the International Private Law. Any controversy derived or connected to the execution of terms and conditions of use will be passed on to the exclusive jurisdiction of the legal court of Rome that follows.
Carefully read the terms hereunder as they define the conditions of access and use of the website.
1) DEFINITIONS
The registered office of the Organizing Committee of the 13th FINA World Championships – Roma 2009 is at Piazza Lauro De Bosis No3, 00194 Rome.
• terms and conditions of use refers to the terms and conditions which regulate the use of this website by the user.
• services refers to the functions, devices, applications, information and other services accessible through this website.
• user refers to any person which accesses and/or utilises this website.
• website refers to the "home page" and other pages characterized by the domain names ROMA09.it and ROMA09.com, managed by the "Organizing Committee of the 13th FINA World Championships – Roma 2009"
• material/s refers to any type of material or immaterial good which is rendered available through this website, including for example merchandising products, data, drawings, images, photographs, illustrations, descriptions, informative texts, films, audio files, music and sounds, services, software and other accessorial programs.
• content/s refers to messages, data, information, texts and other material including that of advertising nature.
2) RELATION BETWEEN ROMA09 AND THE USER
In accessing, surfing or in any way using the website, the user agrees to comply by the terms and conditions of use and other dispositions and directives that the terms and conditions of use refer to as well as to any of their subsequent modifications. Where the user does not agree to be bound by the above, including any subsequent modifications, he/she must not access, surf or in any way use the website.
Roma09 reserves the right to integrate or modify at its own discretion any of the dispositions contained in the terms and conditions of use including any disposition and/or directive that the website refers to.
The integrations and modifications will be effective with their publication on the website along with a notice of the modification and/or integration. The use of the website, subsequently to the publication of the above mentioned notice, will entail the users consent to comply to the modifications even if he/she has not taken vision of these modifications. Therefore the user must frequently read the terms and conditions of use in order to verify, once in an while, the new active dispositions in order to be aware of the terms and conditions which regulate the use of the website.
3) LICENCE – PROSCRIPTION OF USE (INTELLECTUAL PROPERTY RIGHTS)
Roma09 grants a limited and not exclusive right of access to the website and to the materials contained within for non commercial and purely informative personal purposes.
The licence is conditioned by the users acknowledgment, compliance and respect of all intellectual property rights relative to the materials, as for example copyright, rights afferent to trade marks and other intellectual property rights or intellectual deprivation, owned by Roma09 and of whom the customer doesn't acquire any entitlement.
All the Materials of this Website are protected by the copyright defined by the expression "ALL RIGHTS ARE RESERVED" owned by Roma09 and by its affiliates and/or Partners and/or of third party licensees.
Except for the present, no material can be copied, modified, reproduced, distributed, publicised, downloaded, rendered accessible to the public, diffused or transmitted in any form and through any means, without the prior written consent of Roma09 or a qualified representative; nor may any notice, indicator of copyright or other type of patent contained in the materials be removed or altered.
The authorization of use of the website does not include the faculty of selling, commercializing, distributing the contents of the website or create works and/or materials derived from the website materials, such as for example website framing activities, reproduction of client information of use to others and/or any type of data extraction and/or use of apparatus for the gathering and extraction of data contained in this website.
Roma09 expressly prohibits the uploading on the website of users materials such as, for example, music, software, images and any other materials which constitute a violation of the intellectual property rights of third parties, except for when the user has obtained the necessary authorizations.
4) DISPUTES REGARDING CLAIMS OF COPYRIGHT VIOLATION
Roma09 respects the intellectual property rights of third parties. Where the user deems that his/her work has been copied and uploaded on this website and that such actions constitute a copyright violation, he/she must provide the Roma09 responsible with the following written documentation:
• Signature, even digital, of the person authorized to act on behalf of the copyright owner.
• Description of the copyrighted work that the uses deems to be violated.
• Indication of the exact position, within the website, of the copyrighted material that the user deems violated.
• Users declaration of good faith regarding the fact that the contested use was not authorized by the copyright holder, by the claimant or permitted by law;
• Users declaration sworned that the above information is correct and that the user is the only copyright holder or that he is authorized to act on behalf of the copyright holder.
5) CONTENTS PROVIDED BY THIRD PARTIES
This website will be allowed to comprise interactive areas and/or areas dedicated to debates; the forum and interactive areas comprised in the website must be utilized exclusively for non commercial purposes.
By using the forum or interactive areas the user agrees to not act in any of the following manners:
• Upload, distribute or in any other way render available to the public through the website materials which are illicit, defamatory, reviling, obscene, pornographic, contrary to public decency, vulgar, that include harassments or threats, which violate the privacy of third parties, offensive, which incite violent behaviour and are in any way condemned.
• Upload or transmit contents which could constitute or encourage penal illecits, violate third party rights, interfere with the use of the website of third parties or with the privacy of other users, encourage anyone to violate the law or act in a manner which could constitute an illegal action or violate any law or rule whether national or international.
• Upload or transmit contents which can violate rights afferent to patents, marks, commercial patents, copyrights or other intellectual property rights, of third parties, containing viruses or any other component which could damage or misleading declarations or deceptive declarations regarding the origin of the materials of the communication.
• Indicate false generalities or in any case declare the false regarding ones relation to a subject whether this may be a physical or juridical entity.
• Distribute, transmit or render available to the public promotions, publicity, market research, competitions and/or manifestations with prizes, monetary requests, goods, services, including junk mail and spamming, where these have not been expressly requested to Roma09 and the relevant written authorization been received.
Roma09 does not undertake any responsibility for the contents rendered available or uploaded by the user or by third parties which contain eventual errors or defamatory, offensive, not complete, deceitful, obscene, pornographic or blaspheme materials which may be found.
As a mere s supplier of connection services Roma09 supplies only a forum and does not hold itself responsible for the declarations, affirmations and contents transmitted by the user.
Roma09 has the right, but not the obligation to control the activity and contents of its interactive areas and areas of debate.
Roma09 can carry out investigations on claimed violations and subsequently adopt opportune measures.
Roma09 reserves the right, to be exerted with absolute discretion, of removing, preventing the access or eliminating contents which are illicit or in any other way abusive.
In order to carry out legitimate governmental requests or judges rulings, as well as to protect the systems and the users, in other words to ensure the integrity and good functioning of the systems and of its own activity, Roma09 may access and communicate the information it retains necessary and opportune, such as for example information regarding the users personal data (name, email address, etc), the IP address, access information, historical navigation data.
Roma09's right to communicate the above information will prevail against contrary statements contained in Roma09's privacy policies.
Roma09 reserves the right to communicate to the competent authorities the information regarding users violations of the terms and conditions of use or of laws.
Roma09 does not assume any responsibility for users who render their own personal data available to third parties; such data is therefore communicated at the users own risk and Roma09 does not assume any responsibility for third parties.
Roma09 will not be responsible for the non authorized use of users data by third parties in the case in which the data has been communicated by the user.
6) USERS RESPONSIBILITY FOR HIS/HER CONDUCT
The user will be retained the only responsible of the contents of the messages of the information that he/her uploads or renders available on the website, including within the debate and interactive areas of the website.
The user agrees to relieve and indemnify Roma09 from any pretence, action, claim, loss or damage (included legal fees) put forward or proposed by third parties and which derives from the users conduct, from the violation of the conditions of use or third party's rights.
7) LINKING
The user is conceded a limited and not exclusive right to create a link to his/her website as long as this website does not represent Roma09 or that one or more of his/her products and/or services does not represent Roma09 in a false, defamatory, or misleading manner or in any manner which discredits Roma09. The user can not use the logos or other graphic elements, such as Roma09 marks, as visual link to the website, without the prior written consent of Roma09. The authorization of use can be revoked at all times.
The link will have to redirect to the homepage of the website and it has to be evident that the website and its contents don't have any relation to the website which contains the link.
8) ABSENCE OF GUARANTEE
This website and the materials contained within are provided "in the state in which they appear" without guaranties of any kind.
Roma09 reserves the right to modify all or part of the contents of the website in any moment without any notice.
Every reference to products, services or other information, including business names, company marks, information of third party producers or suppliers, does not constitute or imply an approval and/or recommendation by Roma09 and/or the existence of juridical relations, even of contractual nature, including sponsorship contracts between Roma09 and these third parties.
Except for the application of the contents of art 1229 of the civil law code in the presidential decree no.224 of the 4th of March 1988 and of art 1469 bis-sexies of the civil law code Roma09:
• Does not recognise legal or contractual guaranties, such as commercial guaranties, guaranties of adequacy for particular purposes, of the entitlement and of non violation of third party rights to the materials, for the contents, services and products available on the website.
• Declares that the information in the website does not consist in legal, professional and/or financial consultancy services.
• Does not guarantee the correctness and accessibility of the contents of the website, although it will make sure to check that they are correct, reliable and updated.
• Does not guarantee that the materials contained in the website and the services supplied by it are suitable, complete, reliable, updated or without errors caused by viruses or any other element which could cause damage to the users computer, to his/her system and/or to other goods.
The user declares to relieve and protect Roma09 form any damage and expense (such as for example bills and legal fees) derived from third party requests regarding the users violation of the terms and conditions of use.
The user agrees to cooperate with Roma09 within the reasonable means to ensure that Roma09 may appropriately defend itself against claims and/or actions of third parties.
9) INVALIDITY AND/OR PARTIAL INEFFICIENCY
The invalidity or inefficiency of any disposition of the terms and conditions of use will not influence the validity or efficiency of any other disposition or part of disposition.
10) WITHDRAWAL
Roma09 reserves the right, without notice and discrectionary, to withdraw from the terms and conditions of use and to prevent the users access to the website.
11) APPLICABLE LAWS AND LEGAL COURT
The terms and conditions of use will be sustained and interpreted by the Italian law except for the International Private Law. Any controversy derived or connected to the execution of terms and conditions of use will be passed on to the exclusive jurisdiction of the legal court of Rome that follows.