Terms of use

Jumparound – Terms of Use 1- Introduction Welcome to Jumparound! From now on it will be denominated “Jumparound” or “app”. The Jumparound app has been built and is managed by Jumparound Company, which, from now on, will be denominated “Company”. The following terms of use define and determine the legal rights and obligations of the Jumparound’s users, as well as the legal rights and obligations of the Company concerning its users. In case the user does not accept every following condition, they will not have the possibility of having access to Jumparound’s content nor services. Entering or using Jumparound, or any other Service Jumparound provides (from now on defines as “Services”), the user accepts to be bound to the following conditions of use (from now on, “conditions”) and to its upcoming updates. The Services belong to, or are controlled by, Jumparound. In some cases, Jumparound could offer special and innovative functions that might contain own terms and conditions; these are applicable to the following Conditions as an addition. If there will be a conflict between these special terms and the following conditions, the special terms will prevail on the conditions. 2. What Jumparound’s App is Jumparound Company owns the Jumparound’s app that can be downloaded for free. One can become member by registering and writing themselves their personal details, or logging in using the information in their Facebook’s profile, if they have one. Registering, the user accepts the Privacy Policy, the Cookie Policy and the User Agreement. The app usage is free of charge. Jumparound is a mobile Service that lets the registered users interact with people in their neighborhood and create and participate to groups and activities on the ground of interests, hobbies and values in common. 3. Account registration and security Jumparound users provide their name and real information. In order to guarantee the security of one own account, the users commits themselves: - To insert, when registering and in every other occasion, real, accurate, updated and complete information - To update the information provided to guarantee veracity and accuracy - Not to enter or in any way use Jumparound if they are not at least 13 years old - Not to enter nor use Jumparound if they have been convicted of sexual harassment and offense - Not to create, if the previous and original account has been disabled, another account without the explicit authorization of the Company - To maintain secret and safe the own password and every other sort of personal data - Not to sell, transfer, license or give third partied the personal account, username, password, and every other sort of personal data or any rights on the account. - Not to permit other people to enter their own account or do any sort of action that might put in jeopardy the account security - Not to request, gather or use the access credentials of other Jumparound’s users, nor release them to third parties for any reason. 4. Photos, information and content sharing The user is obligated to provide images and, in general, contents of any kind, exclusively of their properties, to Jumparound. The user remains the only owner of their own pictures, profile information, intellectual properties works, or materials sent, published or shown on the Services, or through them (from now on these will be denominated “user’s contents”). Jumparound does not claim the propriety of any user’s content published from the user on the Services. The user, however, gives Jumparound a non-exclusive license, entirely paid, with no royalties and no restriction of any sorts, that can be given as under license and valid worldwide, for the use of the contents that the user publishes on the Services, or that is spread through the Services, under the current Privacy regulation, available on www.jumparound.me, in the legal section. The user commits themselves not to ask Jumparound for anything in exchange of the possible use of their contents and information by Jumparound Company. The license does not end at the moment in which the user deletes their account, or the contents in the account. Therefore, the Company has the possibility to use the user’ contents and information after the user has deleted the account and eliminated the contents. It is also possible that the deleted contents will be preserved as backup copies for a period of time. When the user posts contents, they allow the other users to see them and associate them to the publisher of the post in question. 4.1 Further information Jumparound Company, in addition to the user’s content, can have: - the geographic position when the user launches the app, posts, sends messages and uses the other Jumparound’s features - The IP address from which the message was posted, as well as its time and date - The user-agent string associated with the device from which the message was posted 5. Security The Company commits itself to maintain the website and the app secure. The app should not be used for other purposes, cited in 2. What Jumparound’s app is. Every illegal, deceptive, discriminating and misleading actions on the app will be removed. The Company has the power and the right to remove or block contents and/or entire accounts in every moments, without notifying the account owner. The user, therefore, commits themselves: - Not to create violent, misleading, deceptive, discriminating, and illegal contents on the app - Not to defame, bully, bother, denigrate and stalk other users, people, entities in any way - Not to publish secret and confidential information on the app, about themselves nor, and especially, about other people, users, and entities - Not to publish any commercial information and/or to use Jumparound Services for commercial purposes, without the Jumparound Company’s authorization - Not to gather other users’ information nor enter Jumparound using automatized services (bots, robots, spiders, srapers) - Not to upload viruses nor to cause any other sort of damage to the app - Not to try to get other users’ access information or log in with other users’ credentials The user is the only responsible for their behavior and information provided to the app. The Company does not have the obligation to monitor, edit, and remove the contents in case that these violate the Jumparound’s Terms of Use. It has, however, the faculty to block, edit and remove both the contents and accounts if misleading, deceptive, discriminating and, in general, go against the characteristics above mentioned. Jumparound, therefore, does not have the obligation to conduct a monitoring service, but will try as hard as possible to keep the app secure, legal and clean, by editing, removing or blocking illegal, discriminating or deceptive contents and/or users as soon as they are reported by Jumparound’s users. To conclude, Jumparound reserves the right, but has no obligation, to monitor the information or material users submit to the app or post in public areas of the app. Jumparound appeals to users’ ethic for reporting illegal, discriminating and deceptive contents or users. “Jumparound is a mobile service that lets the registered users interact with people in their neighborhood and create and participate to groups and activities on the ground of interests, hobbies and values in common.” Jumparound, therefore, encourages its users to meet in the real life. The Company does not take any sort of responsibility for the consequences that might occur to the users that, after meeting virtually on Jumparound, met in the real life. Jumparound came to life to help people connect and develop social relationships: it does not have any obligation whatsoever to monitor the users’ behavior in the real life. The user who has received damages from meeting another Jumparound’s user in the real life will not press charges nor take legal actions of any sort against the Company. 6. Jumparound’s services The Services might have contents of proprieties, or licensed (“Jumparound contents”). The Company owns and possesses the rights on the Jumparound contents. - It is prohibited to reproduce, modify and adapt the Services and show, visualize, publish, sell and spread the Jumparound contents. - The name, the logo, the graphic, the app’s organization and scripts are characteristics signs of Jumparound and cannot be copied, duplicated without the Company authorization. - It is impossible to guarantee that Jumparound will always be bugless or with no interruptions and imperfections. Furthermore, the service could be interrupted, because of maintenance, updates, and reparations. Jumparound’s Services are offered “as they are” and “as they are available”. - The Services include third parties contents, on which Jumparound does not have any ownership. Some Jumparound’s features might allow interactions between the Services and third parties (webistes or other apps). The Company does not control the third parties involved, and is not, therefore, responsible for their contents. The user acknowledges and accepts not to declare responsible Jumparound for anything concerning the third parties. - It is prohibited to enter the Jumparound API (Application Programming Interface), which is private, with different means than the ones permitted from the Company and use domain names or URL web in one own username, without the Company’s authorization. - It is prohibited to interfere with the Services, the servers or the networks connected to Jumparound, and the transmission of every form of worm, virus, spyware, malware and any destructive or intrusive code - It is prohibited to prevent other users to use Jumparound app. 7. Modifications The Company is the only one to have the right to edit the Terms of Use. The edited Terms of Use will be published on the Services and such procedure is the communication Jumparound gives their users about any change in the Terms of Use. The user, by using the Services after receiving the notification of the Terms of Use’s change, accepts implicitly the new Terms of Use. The new Terms of Use enter into force right after they have been published or when it is stated on the new Terms of Use. 8. Responsibility exclusion Nor the Company neither the app are responsible for any kind of losses or damages, directly or indirectly correlated to i) the Services, to the Jumparound’s contents and to the user’s contents; ii) to the use or the use impossibility of the user’s services; iii) to any undertaken actions concerning the copyright and the intellectual property’s possessor; iv) to possible errors or omission of the Services’ operation; v) to possible damages to computers, mobile devices or any other technological device. In no case will the Company and the app be responsible for losses, damages, personal injuries and death. The user accepts to defend and relieve Jumparound’s app and Company from and against any claim, responsibility, damage, and/or loss and legal and trial costs, that originate, or are correlated i) to the user’s contents or the access or the service use; ii) to the non-fulfilment of the user to these Terms of Use; iii) to the non-fulfilment of the user to third parties rights; iv) to the non-fulfilment of the user to the law, rules, norms, regulations, codes, statute; v) to any harmful image or declaration of the user towards others’ rights. The user will cooperate as requested by the Company in the defense of any claim. 9. Information and data provision, and user’s contents Accepting the Terms of Use, the user agrees that their own information and contents will be treated and used as specified in the Privacy Policy and Cookie Policy. The Company can use the information, data, and the contents provided by the user themselves on the app, both for commercial purposes, and for any other purposes. This includes that the Company can utilize and use this information, data and contents for Company purposes, and also sell them or transfer them for different purposes to third parties, that can benefit from them and therefore use them for commercial but also non- commercial goals. 10. Terms of Use validity These Terms of Use form a contract that is legally approved between the user and the Company, Jumparound. Accepting these Terms of Use, the user commits themselves not to question their legal validity. If any court evaluates one or more provisions illegal in the Jumparound’s Terms of Use, the contract is still valid with regard to the other provisions, chapters and clauses that are not evaluated illegal. 11. Place of arbitration These Terms of Use are regulated and interpreted following the Italian law, which is applicable to any sorts of relationship between the user and the Company and between the user and the app. The user accepts that, for every sort of controversy, the place of arbitration is Milan, Italy. For any further question, visit www.jumparound.me.