Terms of Use

1. RELATIONSHIP BETWEEN KID PASS AND USER

    1. Welcome to Kid Pass Srl. Kid Pass Srl offers the user (the "User") its services (described below), based on the Terms of Use (the "Terms"). In these Terms, "User" means the person who uses the services of Kid Pass Srl; "Kid Pass Srl" means and refers to Kid Pass Srl, based in Italy, Venezia, Marghera, Via delle Industrie 15.

    2. By using the services of Kid Pass Srl, the User may access to services provided by Kid Pass Srl and external societies. Kid Pass Srl is not responsible for services provided by third parties. The Terms of Use regulating each service must always specify who is providing the service. The User is always required to verify the Terms applied to each service used, particularly at the moment of registration to that service. Kid Pass Srl's Terms of Use are usually accessible through a link visible in the footer of every page of Kid Pass Srl's Services.

2. TERMS OF USE AGREEMENT

    1. By using the Services of Kid Pass Srl, the User acknowledges and agrees to respect the present Terms and Conditions.

    2. The User neither can use the Services of Kid Pass Srl nor accept the present Terms and Conditions before being admitted to the reception of the Services of Kid Pass Srl in accordance with the Italian Law or with other applicable laws.

    3. The present Terms and Conditions represent a legally binding agreement between the User and Kid Pass Srl regarding the use of the Services of Kid Pass Srl. It is fundamental for the User to read carefully the Terms and Conditions and to verify always their most updated version.

3. SERVICES OF KID PASS SRL

    1. Kid Pass Srl provides the User with a wide range of online resources, among which various instruments for communication, research, and information, forums and social-network services, contents, media and entertainment services through its private network accessible by means of the many instruments and devices currently known or that will be developed in the future ("Services of Kid Pass Srl"). In particular, Kid Pass Srl provides a search engine to search for facilities and events, a service of registration for the various facilities, a blog and a newsletter, and it is able to implement any other service.

    2. The Services of Kid Pass Srl may include important communications from Kid Pass Srl, such as service alerts and administrative messages. Such communications are part of the registration to Kid Pass Srl, therefore the User cannot refuse to receive them.

4. REGISTRATION TO THE SERVICES

    1. The User undertakes to provide correct and complete information about himself when required by the Registration form for the Services of Kid Pass Srl ("Registration Data") and guarantees to keep his Registration Data always updated.

5. USER POLICY AND CONTENTS

    1. The User is solely responsible for all the information, data, text, software, music, audios, pictures, artworks, videos, messages, tags, and any other kind of material sent to the Services of Kid Pass Srl ("User Content"). The User undertakes not to perform any activities on the Services of Kid Pass Srl and not to use the Services for sending User Contents which:

      1. violate any laws (for instance, the law regarding defamation), norm, or third-party right (for instance, the law regarding the protection of copyright or personal data), or incite others to such violations;
      2. are obscene, intimidating, violent, insulting, or damaging towards third parties, children included, detrimental to the other people's right of privacy, threatening, annoying, prejudiced, or inappropriate for any other reason;
      3. impersonate someone else’s identity or provide false information (age included) about a User or about the User Content;
      4. contain or connect to computer viruses, worms, malware or any other kind of damaging code;
      5. interrupt or damage the normal working either of the Services of Kid Pass Srl, or of the servers and networks connected to the Services of Kid Pass Srl;
      6. collect User Contents or information about users, or access differently to the Services of Kid Pass Srl, through automatic means (such as, harvesting bots, robots, spiders, or scrapers) without previous authorization from Kid Pass Srl;
      7. duplicate, trade, or exploit in any other way and for any profit-making business any part of the services of Kid Pass Srl (included User’s Contents, advertisements, software, and Kid Pass Srl User’s ID).
    1. The User acknowledges and agrees that Kid Pass Srl has no obligation to supervise the User Content. Kid Pass Srl reserves the right to reject, reclassify, or eliminate any User Content available by means of the Services of Kid Pass Srl which violates the Conditions or which is inappropriate for other reasons. The User must consider, and take on all the risks connected to the use of the User Content, included reliability, accuracy, completeness, and usefulness of such User Content.

    2. The Services of Kid Pass Srl and their integrated software may include security components protecting digital materials. The use of such materials depends on the Conditions of use established by Kid Pass Srl or by the providers which provide the contents of Kid Pass Srl. Users cannot bring about any attempts of ignoring or bypassing any of the Conditions of use integrated in the Services of Kid Pass Srl. It is strictly forbidden any non-authorized duplication, publication, redistribution or public display of any material provided by Kid Pass Srl.


 

6. LICENCE GIVEN TO KID PASS SRL FROM THE USER

    1. The User keeps all the copyright rights and any other right which he already owns as regards to the User Content that he/her sends or makes available through the Services of Kid Pass Srl. When the User sends or makes available his/hers User Content in the areas accessible to the public (shown below) of the Services of Kid Pass Srl, the User grants Kid Pass Srl the following licences:

    2. for pictures, graphic files, audios or videos which the User sends or makes available in the areas accessible to the public of the Services of Kid Pass Srl, the User grants Kid Pass Srl the universally recognized licence, free and non-exclusive, to use, distribute, reproduce, adapt, publish, translate, create work derived from, show and display in public the User Content appearing on or through the Services of Kid Pass Srl, or through any kind of paper or online medium, such as periodicals, editions, graphic printings, newsletters, and online communication media (social media and mobile apps included):

      1. for the purposes for which the User Contents have been sent, and

      2. for advertising the property of Kid Pass Srl to which the Contents have been sent, or the Services of Kid Pass Srl anywhere in the network of Kid Pass Srl or in connection with any agreement of distribution or association with third parties and their websites.

    3. The present licence will be effective exclusively for the period during which the User will keep the User Content on the Services of Kid Pass Srl, and it will end in the moment when either the User or Kid Pass Srl will remove the User Content from the Services of Kid Pass Srl.

    4. For all the other User Content that the User sends or makes available in the areas accessible to the public of the Services of Kid Pass Srl, the User grants Kid Pass Srl the universally recognized licence, free, non-exclusive, permanent, irrevocable, and which can be freely sublicensed, to use, distribute, reproduce, adapt, publish, translate, create work derived from, show and display in public any User Content appearing on or through the network of Kid Pass Srl, or in connection with any agreement of distribution or association with third parties and their websites, in any format or device currently know or developed in the future. The User Content and any public account associated with the Services of Kid Pass Srl may appear on the local websites of Kid Pass Srl in other countries.

    5. The areas “accessible to the public” of the Services of Kid Pass Srl are the areas of the Services of Kid Pass Srl which Kid Pass Srl means to make available to the public. The areas accessible to the public of the Services of Kid Pass Srl include, just by way of example, the Blog.

    6. The User is solely responsible for all the personal information or data he chooses to share or to make available and accessible to the public through the Services of Kid Pass Srl. The User acknowledges and agrees to the fact that Kid Pass Srl is not responsible for the distribution and the public accessibility to such personal information or data. Any kind of personal information or data (or others User Contents) placed in the areas accessible to the public can remain accessible to the public for a indeterminate period of time.


 

7. DISCLAIMERS

    1. To the fullest extent permitted by applicable law, the User acknoledges and agrees to indemnify and keep indemnified Kid Pass Srl from and against all demands and claims, included the reasonable legal costs, presented by any third party and derived from the User Content which the User has sent or made available in any other way through the Services of Kid Pass Srl; from and against those derived from the use from the User of the Service of Kid Pass Srl; from and against those derived from the violation from the User of the Conditions, or from the violation from the User of any third-party right.

8. GENERAL RULES

    1. Kid Pass Srl reserves the right to establish the Terms of Use and general limitations with regard to the use of the Services of Kid Pass Srl, among which, just by way of example, the maximum space available for each User to describe their facility, together with the number and dimension of the pictures and images which can be uploaded.

    2. Kid Pass Srl reserves the right to modify these Terms of Use and general limitations at any time. Any change will be communicated to the User with adequate notice.

9. CHANGES TO THE SERVICES OF KID PASS SRL

    1. Pursuant to and in accordance with Article 21 of the Italian Law, Kid Pass Srl will communicate, with adequate notice, any possible change or deactivation in the Services of Kid Pass Srl which may significantly disadvantage its users or which may significantly limit the use of the Services of Kid Pass Srl. With regard to the changes concerning security, legal, and regulatory requirements, it may not be possible to communicate them with the above mentioned advanced notice. However, the User will be informed of such changes as soon as possible.

10. TERMINATION OF ACCOUNT

    1. Each User can terminate their account at any time by sending specific request to the contacts listed in the footer of our website: www.kidpass.it

    2. Kid Pass Srl reserves the right to limit the access to or to expel users from using specific Services of Kid Pass Srl and to access the accounts of Kid Pass Srl or any associated e-mail address; Kid Pass reserves also the right to delete accounts without prior notice and without liability. The possible reasons are the following:

      1. if the User breaks any of the terms mentioned in this policy;
      2. if required by law-enforcement agencies or any other governmental authority, pursuant to and in accordance with valid legal proceedings;
      3. unexpected technical or security problems;
      4. extended periods of inactivity, in accordance with the rules of Kid Pass Srl concerning the termination of account.
    1. Kid Pass Srl reserves the right to take these decisions freely. Kid Pass Srl cannot be considered responsible for any loss that users may suffer due to the termination of his/her account from Kid Pass Srl web portal.

11. ADVERTISING

Kid Pass Srl reserves the right to sell, license and/or publish any right of advertising, attribution, connection, promotion and/or distribution with regard to the User Content. Kid Pass Srl reserves the right to retain the revenues from the sale or the franchise of the present rights of advertising, attribution, connection, promotion and/or distribution.

The agreement between the User and the advertisers found through the Services of Kid Pass Srl, included the participation to advertisings or the payment and delivery of goods or services, as well as other possible terms, conditions and associated guarantees, concern exclusively the User and the advertiser. To the fullest extent permitted by applicable law, the User acknowledges and agrees that Kid Pass Srl is not responsible for any loss or damage arising from such agreements or from the advertisers’ presence on the Service of Kid Pass Srl.

12. LINKS AND EXTERNAL CONTENTS

    1. The Services of Kid Pass Srl can include contents, apps, and services deriving from links to other websites or external links (“External Contents”). All the External Contents are under the liability of the external provider and they are provided by that provider, based on its specific conditions and terms. Kid Pass Srl is neither responsible for the External Contents, nor it support those contents. Kid Pass Srl is neither responsible for the availability, accuracy, or reliability of the External Contents, nor for any damage or loss suffered from the User arising out of any reliance placed upon such contents. Any controversy or dispute arising from the External Contents present on the Services of Kid Pass Srl should be resolved directly between the User and the external provider.

13. PROPERTY RIGHTS OF KID PASS SRL

    1. The Services of Kid Pass Srl, which include any necessary software used in connection with them (“Software”), contain proprietary and confidential information, protected by applicable laws on intellectual and/or industrial property, and by other laws. Both the contents included in the advertisements and the information presented to the User through the Services of Kid Pass Srl may be protected by the laws on copyright, brands, trademarks, patents and licenses, or other intellectual and/or industrial property rights. Excepting what expressly permitted by applicable law or excepting the circumstance of the specific authorization either from Kid Pass Srl or from the licence grantor (e.g. an advertiser), the User undertakes not to use, distribute, duplicate, adapt, publish, translate, create works derived from, rent, sell, perform or display in public any Service of Kid Pass Srl, any User Content, nor the Software.

    2. Kid Pass Srl grants the User a personal licence, non-transferable and nonexclusive, for the use of the Software’s object-code on a single computer. However, the User cannot copy, adapt, create, created a work derived from, decompile, disassemble, or try in any other way to identify the source-code; the User cannot sell, assign, sublicense, grant or transfer in any other way any of the Software rights, nor he/she can allow others to do so.

    3. The User is not allowed to access the Service of Kid Pass Srl by any means other than the interface provided by Kid Pass Srl, which is specifically set for the access to the Services of Kid Pass Srl, except when the User has been given specific written authorization from Kid Pass Srl.

14. DISCLAIMER OF WARRANTY

    1. Kid Pass Srl serves on "as it is" basis and does not make warranties of any kind with regards to the Services of Kid Pass Srl.

    2. The Services of Kid Pass Srl are not subject to additional terms and conditions (included any implicit warranty of merchantability, satisfying quality, suitability for the purpose, services supply at a fair degree of care or expertise, non-violation of the rights of intellectual property or compliance with the description).

15. CONDITIONS OF LIABILITY

    1. Except where otherwise set out in the present Terms and Conditions, Kid Pass Srl will not cover any costs resulting from any damage or loss to users due to:

      1. the loss, damaging, or the non-delivery of any information or User Content;
      2. any damage to the User’s computer system, to the internet access, to the download or display devices, or any loss of data caused by the download of any material;
      3. any change made by Kid Pass Srl to the Services of Kid Pass Srl or to the System;
      4. the non-availability of any of the Services of Kid Pass Srl or of its Software;
      5. any not reasonably predictable loss arising from the use of the Services of Kid Pass Srl or of its Software by the User for professional and/or commercial purposes;
      6. any loss that the User may suffer in case he violates in any way the Terms and Conditions, such as, just by way of example, in case he does not provide Kid Pass Srl with correct and updated Registration Data or in case he does not protect the privacy and secrecy of his password or of his account’s details.
    1. The present limitations will be put into effect regardless of the fact that Kid Pass Srl has been informed or is aware of the chance of the occurrence of such damages and losses.


 

16. INFORMATION ON BRANDS AND TRADEMARKS

All trademarks, brand names, service marks, and other logos, the features of brands and trademarks and the names of the products and services of Kid Pass Srl are property of Kid Pass Srl ("Trademarks of Kid Pass Srl"). The User acknowledges and agrees not to use, in any way, the Trademarks of Kid Pass Srl without previous written authorization from Kid Pass Srl.


 

17. CHANGES TO THE TERMS AND CONDITIONS

    1. Kid Pass Srl reserves the right to change and update these Terms and Conditions in the future for various reasons among which, just by means of example, the implementation of changes provided for by the law or of changes of the Services of Kid Pass Srl. Any substantial change will be communicated to the User with adequate notice by Kid Pass Srl.

    2. If the User does not accept the changes to the Terms and Conditions, the User has to end the usage of the Services of Kid Pass Srl and of its Software and terminate his/her account.

18. GENERAL INFORMATION

    1. Entire Agreement. The present Terms and Conditions constitute the entire and exclusive understanding and agreement between the User and Kid Pass Srl regarding the User’s use of the Services of Kid Pass Srl. The User will have to conform to additional conditions possibly applicable when he uses or purchases specific Services of Kid Pass Srl, or content and software provided by third parties.

    2. Governing Law and Jurisdiction. The relationship between the User and Kid Pass Srl, the present Terms and Conditions and possible related non-contractual obligations are governed by the Italian Law without regard to its conflict of laws provisions. Any dispute regarding the present Terms and Conditions or regarding non-contractual obligations will be settled by the Italian Jurisdiction.

    3. The failure of the User or of Kid Pass Srl to enforce any right or provision of these Terms will not constitute a waiver of that specific right. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, the other provisions of these Terms will remain in full force and effect.

Terms and Conditions written on March 20th, 2014.