Tabacco conditions of use

1. Subject

  • 1.1 These Conditions of Use (hereafter “Conditions”) regulate the ways and terms whereby which the Tabacco publishing house Srl, with registered office in Via E. Fermi, 78, Tavagnacco (UD), provides users access to the website (hereafter "the Site"), to its online community and all related electronic and telematic services (hereafter jointly indicated by the term "Service”).
  • 1.2 The Service is provided by Tabacco on the Internet according to the following Conditions published on the Site, and the User expressly declares that he/she has read and accepted them.
  • 1.3 These Conditions have universal validity, and apply to all Users of the Site.

2. Use of the Service

  • 2.1 The use of the Site or access to its online community implies acceptance of these Conditions, and of the content of the documents, regulations, provisions and procedures cited in them, and all these are binding for the User.
  • 2.2 The Service is provided by Tabacco free of charge and with indefinite duration, without prejudice to the said company's right to partially or completely suspend or ban any User, temporarily or definitively.
  • 2.3 At the time of discontinuance of the Service, access to it will be deactivated, and Tabacco may delete any data saved by the User.
  • 2.4 The User undertakes to release and hold harmless Tabacco against any responsibility and/or demand for compensation relating to the deactivation of the Service and of the User's account, and to the deletion of data, information and contents allocated to the servers.

3. Eligibility to access the Service

  • 3.1 In order to be authorized to use the Service, the User must have the following prerequisites, and must guarantee:
    • a. that he/she is at least 18 years of age;
    • b. that he/she is not a competitor of Tabacco;
    • c. that he/she is not using the Service for purposes that are in competition with the Proprietor;
  • d. that he/she accepts that he/she must provide at his/her own expense all devices, software and Internet access necessary in order to use the Service.

4. Activation of the Service

  • 4.1 The User acknowledges and accepts that he/she shall be considered solely and exclusively responsible for use of the Service, as well as for the material and data, including personal data, that he/she handles, discloses or distributes through the Site.
  • 4.2 Tabacco reserves the right to refuse to activate the Service, or to cease to provide it, and to deactivate the account, according to its own indisputable judgement, in case of violation of these Conditions.

5. Authentication Credentials

  • 5.1 Access to the Service is subject to entry of a username and password, assigned to each User by Tabacco.
  • 5.2 The User is aware that if third parties gain access to his/her authentication credentials they may use them to make improper use of the Service, and undertakes:
    • - to store and use the said credentials with absolute discretion and diligence;
    • - not to allow others to use his/her account;
    • - not to use other Users' accounts;
    • - not to surrender, sell, market or transfer his/her account;
    • - to advise Tabacco immediately of any unauthorized use of his/her authentication credentials and of any security violations that may come to his/her attention, including theft of loss of the said credentials.
  • 5.3 Tabacco reserves the right to periodically modify the User's credentials (username and password), and will inform the User of any such operation.

6. Content and information sharing

  • 6.1 The User is the owner of all contents and information published by him/her on the Site and can request its deletion at any time, notwithstanding the possibility that other Users may have saved or archived shared information or contents.
  • 6.2 Tabacco reserves the right to preserve a backup copy of contents removed from the site for a limited period.
  • 6.3 For all information supplied by Tabacco or otherwise published on the Site (including contents covered by intellectual property rights, such as photos and videos), the User freely grants Tabacco the non-exclusive, irrevocable, worldwide, perpetual, unlimited, transferable and sub-licensable right to copy, develop derived works, improve, distribute, publish, remove, detain, add, process, analyse, use and market it, in any way currently known or discovered in the future, without further consent from or notification to the User or to third parties.

7. Prohibitions

  • 7.1 Users are expressly prohibited from:
    • - publishing unauthorized commercial communications (e.g., spam);
    • - collecting contents or information from other users, or otherwise accessing the online community using automated tools (e.g., harvesters, robots, spiders or scrapers);
    • - using the Service to undertake marketing activities or for any commercial purposes;
    • - seeking to acquire access data or to access the accounts of other users;
    • - defaming, intimidating or harassing other users;
    • - publishing defamatory, intimidating or pornographic contents, or anything else that constitutes incitement to hatred, discrimination or violence;
    • - using the Service to publicize competitions, offers or prize contests;
    • - using the Service for illegal, deceptive, malicious or discriminatory purposes;
    • - undertaking actions that may hinder, overload or compromise the proper operation of the Service;
    • - publishing photos, videos or other information regarding people who are not users of the online community without their consent;
    • - publishing or carrying out actions on the Site that in any way constitute a violation of the rights of others, or of current laws.
  • 7.2 Tabacco reserves the right to remove any contents or information that it considers to violate these Conditions, and to deactivate the account of the User responsible for said violations without prior warning.

8. Availability of the Service

  • 8.1 Tabacco undertakes to offer access to the Service to registered Users "as is", and as it may be on any given day, with no further obligations, other than those expressly stated in these Conditions.
  • 8.2 Tabacco reserves the right to alter, replace, refuse access, suspend or interrupt service, partially or completely, or to change and amend the Conditions, in whole or in part, at its own indisputable discretion.
  • 8.3 Tabacco reserves the further right to detain, remove and discard any content published by the User, with or without prior warning, if it is held to violate the Conditions of use.
  • 8.4 Tabacco is under no obligation to save, maintain or supply a copy of any content published by the User.
  • 8.5 Tabacco guarantees full respect of legislation regarding the processing of personal information and the technical rules regarding minimum security measures. Nonetheless, the User acknowledges and accepts with immediate effect that he/she cannot make any claim against Tabacco for damages, compensation or on any other grounds, releasing Tabacco from any responsibility in case of partial or total loss of data, regardless of the cause.

9. Amendments to the Service and variations in the Conditions

  • 9.1 The User acknowledges and accepts that constantly evolving technology is a characteristic of the Service, and for this reason Tabacco reserves the right to update the technical and functional features of the Service, and to amend, integrate or replace the Conditions.
  • 9.2 Should Tabacco amend these Conditions, the new version shall be published on the Site, and it shall be the User's responsibility to consult it. The abovementioned amendments will come into effect 10 (ten) days after the date of publication. Within the same ten-day period, the User may exercise the right to withdraw; if the User does not exercise the right to withdraw, the amendments will be taken as having been read and accepted by the User.

10. Transfer

  • 10.1 The User cannot transfer this contract to third parties, in whole or in part.
  • 10.2 Pursuant to article 1407 of the Italian Civil Code, the User gives his/her consent with immediate effect for Tabacco to transfer its side of the contract to third parties should it so decide.

11. Industrial and/or intellectual property rights

  • 11.1 Tabacco is the exclusive owner of all intellectual and industrial property rights on intellectual works (Site, software, database, geographical maps, etc.) relating to the Service.
  • 11.2 Any material that constitutes the object of intellectual and/or industrial property rights of third parties, and is placed at the User's disposal through the Service supplied, must be utilized by the User in such a way as to respect these rights. In particular, users are prohibited from copying, in whole or in part, reproducing, editing, distributing, marketing and transmitting any maps without written consent from Tabacco.
  • 11.3 Should the User violate the industrial or intellectual property rights of Tabacco and/or of third parties, Tabacco reserves the right to rescind the contract and no longer to provide the Service to the individual responsible for the violation.

12. Responsibilities of the User

  • 12.1 The User, through his/her own effort, expense and responsibility, must ensure that he/she is equipped with all devices necessary to access the Site, and must use equipment and accessories that comply with European standards, in perfect working order and such as to avoid causing disturbance and/or damage to the Service. Responsibility for the use of the said equipment and of the Service lies entirely upon the User, who agrees to hold Tabacco harmless against any costs, expenses, damages or compensation that the latter may sustain due to the causes described above.
  • 12.2 Use of the Service is entirely under the responsibility of the User, who accepts all responsibility for his/her own actions and omissions, and undertakes to release and hold harmless Tabacco against any detrimental consequences, against all losses, damages from responsibilities, costs, charges and expenses, including legal ones, that may be sustained or suffered by Tabacco as a consequence of any violation of these Conditions or of any legal requirements, including the possibility of compensation for damages claimed by third parties for any reason.
  • 12.3 In all cases, the User expressly declares that all excursions are undertaken exclusively under his/her own responsibility, with suitable equipment, and having first selected routes appropriate to his/her abilities, enquired about conditions in the places to be visited and evaluated any related risks.

13. Cases of suspension and/or interruption of Service

  • 13.1 In addition to the cases specified in the clauses of these Conditions, Tabacco has the right to suspend and/or interrupt the Service at any time:
    • a) in case of faults in the network and in the equipment used to provide the service, caused by fortuitous events or force majeure, and in case of alterations and/or maintenance of an unprogrammable and/or unforeseeable and technically necessary nature;
    • b) in case of faults or malfunctions in the machines and software, be they the property of Tabacco or of its suppliers, or in case of activities and/or inertia of the latter, or due to the User's own equipment;
    • c) where there are justified reasons of security and/or to ensure confidentiality;
    • d) in case of faults and/or malfunctions that may cause danger to the network and/or to people;
    • e) where the User uses faulty or non-standard equipment, or equipment that shows malfunctions that may damage the integrity of the network and/or disturb Service and/or create risks for the physical safety of people.
  • 13.2 The User acknowledges and accepts that, no matter what, Tabacco shall not be held in any way responsible towards the User or anyone else for the lack of availability of the Service, as it does not guarantee its continuity, the integrity of the data stored or sent through the Site and/or over the internet. Hence the User cannot make any claim for damages, reimbursement or compensation from Tabacco for any suspension or interruption of the Service that may have occurred, and releases the firm from any responsibility in this regard.

14. Responsibilities of Tabacco

  • 14.1
  • 14.1 Tabacco:
    • a. provides the platform and the Service “as they are” and “as available”;
    • b. is not responsible for the contents of the Site, as they are generated entirely by Users, and are not controlled or checked in any way.
    • c. does not verify the truthfulness or appropriateness of the information and contents supplied by Users;
    • d. is not responsible for the correctness, up-to-dateness and quality of information regarding excursions, events and suggestions, nor for any other indications (e.g. descriptions, difficulty and duration of excursions, dangers and conditions of routes, etc.) provided exclusively by Users;
    • e. specifies that the indications given by Users on the difficulty and duration of routes are to be taken as purely for guidance purposes only.
    • f. does not guarantee that the Service will work without interruptions or errors;
    • g. declines all responsibility for any damage that may be caused by any interruptions or errors in the functioning of the Site;
    • h. does not offer any guarantee to the User or to third parties that the Service is suitable for their needs.
  • 14.2 The Client releases Tabacco from any responsibility in this regard, and acknowledges and accepts that Tabacco declines all responsibility for any loss, damage or infringement suffered and/or to be suffered by the User and/or by third parties, be they direct or indirect, foreseeable or unforeseeable.

15. Termination

  • 15.1 Tabacco reserves the right to restrict, suspend or close the account of any User found to have abused or improperly used the Service. Closure of the account includes deactivation of access to the Service, and may also lead to exclusion from any future use of the same.

16. Withdrawal

  • 16.1 Both parties have the right to recede from the contract with immediate effect.
  • 16.2 In case of withdrawal, Tabacco will deactivate the Service and delete any User details contained on the server, in line with the provisions of the laws governing the processing of personal data.

17. Final provisions and communications

  • 17.1 In no case shall any breaches of contract by the User and/or behaviours diverging from these Conditions be considered as an exception to the same, or as tacit acceptance of said breaches, even if they are not expressly contested by Tabacco. Any inaction on the part of Tabacco in terms of exercising or asserting any right or clause of the Conditions, does not constitute relinquishment of that right or clause.
  • 17.2 Any total or partial inefficacy and/or invalidity of one or more clauses within these Conditions shall not lead to the invalidity of the others, which must still be considered fully valid and effective.
  • 17.3 For all matters not expressly provided for in these Conditions, it is expressly stated that reference shall be made to current legislation, within the bounds of compatibility of the same.