1. ACCEPTING THE CONDITIONS. The Service based on software owned by e-works S.r.l., with registered office in Modena, via G. Di Vittorio 28 (referred to as EW hereinafter) is provided to you according to the following terms and conditions for use of services (TCUs). EW reserves the right to make modifications to the TCUs at any time without giving prior notice. The User may check, at any time, all applicable information regarding the TCUs, as updated by EW from time to time; said information text is found on the Internet pages providing access to the service. Furthermore, when the User utilises specific Services provided by EW, all operating rules that will become effective from time to time in relation to such specific Services shall apply and the User undertakes to respect and accept such rules, which are an integral and substantial part of the terms and conditions of use relating to the Services. Nevertheless, in the event of differences or disagreements between operative rules and the TCUs, the latter will prevail. Likewise, EW may provide services that shall be regulated from time to time by different general conditions. In such cases, the TCUs will not apply to those special services.
2. SERVICE DESCRIPTION. EW gives users access to online communication tools (the “Service”). Unless otherwise indicated, any modification made to the Service that alters its usability with respect to its current form, will be subjected and therefore regulated by the TCUs; the same applies to any new type of Service. The User is aware and agrees that the Service is provided on an “AS IS” and “AS AVAILABLE” basis and therefore EW shall not be held liable in relation to its usability and availability. In order to use the Service as well as to ensure its correct operation, adequate access to the World Wide Web is required, in terms of continuous accessibility and quality. In order to help ensure that the Service works properly, according to the functions and performance described in the product documentation, the User must set up and keep all hardware and software systems provided by third parties (i.e. operating systems) in proper working order, as these are required for proper operation of EW software products and are crucial for providing the Service; however, the said hardware and software systems shall be set up and maintained in such manner as to not jeopardize or hinder the normal operation of the Service itself. More specifically, and by way of example only, any software programs which use the computing capacity of a computer to such an extent as to hinder the correct operation of EW software products, required for providing the Service, shall not be activated and run together with EW software programs. To this end, please note that is it absolutely prohibited for the User to install EW products or software in their own Personal Computers together with other software that may, intentionally or not, damage, alter or interrupt the operation of the EW information system, even partially: such conduct constitutes an offence, as per art. 615-quinquies of the Italian Penal Code. . As far as the hardware is concerned, special care must be given to setup procedures and configurations of multimedia peripherals that are not included (audio and video) in the package, be they inside or outside the PC. Inadequate installations or configurations (i.e.: drivers that are not updated, or that are incompatible or conflicting) would jeopardize the normal operation of EW software products.) No Maintenance Service is provided to Service Users.
3. REGISTRATION OBLIGATIONS AND MINORS' RIGHTS. In order to use the Service, the User declares to be of legal age and undertakes to fulfil the following procedures: a) provide personal information (“Registration Data”) that may be requested during the registration process and make sure that such information is updated, complete and true; b) in a timely manner, update Registration Data constantly so that it is always current, complete and true. If the User provides information that is false, inaccurate, not up-to-date or incomplete, or if according to a discretionary assessment by EW, the information provided by the User proves to be false, inaccurate, not up-to-date or incomplete, EW reserves the unquestionable right (as expressly recognized by the User) to temporarily or permanently deactivate the User's accounts in question and prevent the user from accessing the Service. EW is concerned about the security and privacy of its customers and especially about minors' rights. For this reason, a User of legal age who intends to give access to his children or to a minor whom he is responsible for, in the widest sense of the word, he/she shall undertake to look after them and monitor them when accessing the Service, being aware that a minor could access any type of Service. As the Service was designed to arouse the interest of a vast number of users, the adult user is always responsible for establishing the parental authority to their minor children, or in generic terms, monitor and determine whether the Service or its contexts are appropriate for a minor. In any case, by accepting these terms and conditions of use, the User shall be responsible every time a minor accesses the Service.
4. ACCOUNT. Once the Service registration process has been completed, the User will be given an account with an ID (e-mail) and a secret password; the User is the sole and only person responsible for keeping the data so received confidential as well as for all the activities performed through their use. Therefore, the User undertakes to: a) immediately notify EW about any non-authorized use of the password or ID, or about any other violation of security rules that the user may have become aware of; b) log-out from the account at the end of each session. Under no circumstances shall EW be held liable for any damages suffered or generated by the User, arising in connection with the non-observance of this article or, more generally, of the TCUs. The User is aware that, in order to regulate access to the Service, the personal authentication process provided only requires verification of the User ID and password. The User is therefore responsible for properly keeping and correctly using his/her ID and password to access the Service, as well as for any damages or prejudice that may arise, in relation to EW or third parties, due to improper use, loss, theft and/or impairment of the confidential nature of the User ID and password. All the operations performed through the User ID and Password shall be automatically attributed to the user himself, who is liable for such operations and for any requests made, without any sort of exception. The User declares to be aware that EW can always and also provide means of proof obtained from the information systems and procedures used by EW to regulate access to the Service, as evidence of the operations carried out by the User and - in general - of the relationship between EW and the User.
5. RULES OF CONDUCT FOR THE USER. The User undertakes to read and comply with e-works USER LICENSE conditions outlined below the TCUs. The User is aware that all information and contents of any nature whatsoever, be they accessible to the public or privately sent, fall under the sole and exclusive responsibility of the persons from whom the said Contents originate. This means that the User (not EW) is solely and exclusively responsible for any content that is transferred, uploaded, published, sent by e-mail or otherwise distributed through the Service. EW cannot in any way monitor, nor can be held responsible for monitoring, the Contents that are transferred or distributed through the Service and as a result, EW does guarantee the lawfulness, truthfulness, correctness or quality of such Contents. The User acknowledges and agrees that when using the service, despite precise rules imposed by EW aimed at preventing the recurrence of the above-stated circumstances, the User may find Contents that may be offensive, obscene or that are ethically reprehensible. Under no circumstances shall EW be held liable for such Contents or for any errors and/or omissions in the Contents, or for any damages caused for using such Contents that are in any other way, transferred or distributed through the Service. The User acknowledges and accepts that in the event of failure to comply with the rules stated hereinafter, he/she will be the only person responsible thereof while EW shall never and under no circumstance be held responsible thereof, consequently the User undertakes not use the Service for the following purposes: a) upload, publish or otherwise transmit or distribute, even through the transmission or distribution of video conference recording, Contents that are illegitimate under civil or penal law and that, according to all the legislation applicable at the time of using the Service, are considered damaging, detrimental, unlawful, disturbing, defamatory and/or slanderous, vulgar, obscene, endangering third party's privacy, racist, classist or reprehensible. b) cause damages, in any way whatsoever, to minors; c) manipulate, alter their own identity, distort relations with other subjects; manipulate, alter, distort the nature or the identity of the relationship with EW; d) create names and headings or otherwise manipulate distinctive symbols or logos to counterfeit the origin of any Contents transmitted or distributed through the Service; e) upload, publish or otherwise distribute Contents without having any right to disclose or transmit such data as provided by a law provision, a contract or in pursuance of a trust relationship (e.g., reserved information or confidential information obtained through a work relationship or protected by a privacy agreement); f) perform framing actions involving the contents of the Service; g) upload, publish or otherwise transmit or distribute Contents that entail the infringement of patent rights, trademarks, secrets, copyrights or the infringement of any other industrial and/or intellectual property rights of third parties (“Rights”); h) upload, publish or otherwise transmit or distribute advertising, promotional material, "junk mail", "spam", chain letters or any other form of non-authorized or non-requested solicitation, except for areas that are specifically dedicated to these purposes; i) upload, publish or otherwise transmit or distribute any materials that contain viruses or other codes, files or programs that are created to disrupt, destroy or restrict the operation of software, hardware or third parties telecommunication systems; j) disrupt the normal Service flow or in any case, act in such a manner as to prevent other users from using the Service. k) interfere or disrupt the Service, servers or networks that are connected with the Service or act inconsistently with any requirement, procedure or rules of networks that are connected to the Service; l) intentionally or not, violate any applicable laws or rules; m) persecute or otherwise disturb third parties; n) gather or store personal data of other Users without their explicit consent. The User acknowledges and accepts that EW is not bound to and actually does not check the Contents in advance. Nevertheless, EW and its nominees reserve the discretionary right - without assuming any obligation in relation thereto - to reject or remove any Content that is accessible through the Service and discontinue any and all transmission of such Contents. Subject to the above, EW and its nominees reserve the right to remove any Content that constitutes an infringement of these TCUs or which may be otherwise reprehensible. The User undertakes to fully and independently assess as well as to bear all risks related to the use of the Contents, including any reliance, on the part of the User, regarding the truthfulness, completeness or usefulness of the various contents. To this end, we hereby specify that the User is aware and declares to be informed that any reliance protection regarding the Contents distributed through the Service is explicitly excluded.
   The User acknowledges and agrees that EW reserves the right to store and disclose the Contents to third parties as follow: a) to related companies, for the purpose of efficiently providing the Contents to the User; b) for the purpose of managing the User's accounts according to standard operative procedures of EW or its related companies; c) as required by law or in the event that EW in good faith deems it to be necessary in order to: respect legal proceedings; apply the TCUs; reply to objections according to which the Contents violate third parties' rights; protect the rights, property or security requirements of EW, of its Users and third parties. The User accepts and agrees that the technical treatment, transmission or distribution of the Service, including its Contents, may involve the following: a) transmission or distribution of the Contents in or through other networks; and b) the need to make changes, in order to adapt and render such Contents conform to the technical specifications of the networks or connection devices. Exclusively with regard to the procedures required by the Service, the User (who shall be entitled to access the Service after completing the registration) may also make the contents of the Service and the Service itself available to third parties (referred to as "Other Users" hereinafter), meaning subjects who are also legally considered parties other than the User himself. ”Other Users” means those users for whom the use of the Service is and shall remain unquestionably and necessarily subject to the existence and validity of the relationship between EW and the User. The User is fully responsible for any and all possible claims from the said “Other Users”, which may arise in connection with the use or lack of use of Service, for the use that the “Other Users” will make of the Service contents and for any consequences arising in connection with the use of the Service, be the claims related to the User himself, EW and any third parties. To this end, subject but not limited to the below mentioned obligations, the User undertakes to: a) inform all the Other Users that the Service they are using, its contents, the software that enables and manages the Service, belong to EW. b) inform the Other Users about the rules that govern the use of the Service as listed in the TCUs, which must be strictly followed. C) inform the Other Users about the restrictions and conditions imposed by the User License Regulations, which must be strictly followed. d) inform the Other Users that the use of the Service is always subject to the existence and validity of the relationship between the User and EW: any possible grounds for discontinuing or interrupting the Service, to the detriment of the User, will necessarily result in the discontinuance or interruption of the Service, to the detriment of the Other Users. e) inform the Other Users that their access to the Service may be discontinued or interrupted by EW, at EW's own discretion. f) inform the Other Users about their lack of entitlement to institute proceedings against EW for any disputes, claims or actions. The User expressly undertakes to respect the terms and conditions set forth by EW to inform all the Other Users: the User shall always be the only person responsible for any consequences originated by failure to comply with the said obligation. Any infringement committed by the Other Users of the terms and conditions or rules imposed by the TCUs herein or imposed by the user license, will be taken into account by EW as violations committed directly by the User, who shall be subjected to the provisions set forth herein. EW gathers and treats Other Users sensitive data and reserves the right to check, according to the times and procedures that deems most appropriate, any Content that derives from the Other User and that is accessible through the Service and, at its own and unquestionable discretion, EW is entitled to interrupt the transmission of such Contents or remove them if they are considered to be reprehensible, for any reason whatsoever, or if they are in conflict with the provisions therein included or those imposed by the user license.
6. SPECIAL NOTICE FOR INTERNATIONAL USE. Considering the global nature of the Internet, the User undertakes to respect all local regulations concerning online conduct and Contents. The User undertakes to respect all applicable laws regarding the transfer of data and Contents exported from the country in which he resides.
7. INDEMNITY CLAUSE. The User declares and guarantees to hold harmless and indemnify EW, as well as any related or controlled subjects, its representatives, employees and any of its partners, in relation to any obligation or claim, also of a compensatory nature, including any reasonable legal expenses, which may derive from the Contents transmitted or sent by the User, by the User's utilisation of the Service, by the User's connection to the Service, by the violation of the rules which govern its use or by the violation of third parties' rights.
8. PROHIBITION AGAINST THE TRANSFER OR COMMERCIAL EXPLOITATION OF THE SERVICE. The User undertakes not to reproduce, duplicate, copy, sell, perform framing activities, resell and in any case not to exploit the Service or any of its parts for commercial purposes, including the use or access to the Service, unless as specified under the procedures and conditions explicitly provided by the TCUs and by the standard terms for use of Service, described in the technical documentation provided by EW.
9. GENERAL TERMS OF USE. The User is aware that EW may set out rules and general restrictions regarding the use of Service, including, but not limited thereto, the maximum disc space that can be assigned to the User on EW's servers. The User accepts and agrees that, under no circumstances, shall EW be held liable for deleting or mistakenly storing any messages, communication or other Contents kept or transmitted through the Service.
10. MODIFICATIONS TO THE SERVICE EW reserves the right to modify the Service (or any of its parts) at any time, either temporarily or permanently, with or without giving notice to the User. The User accepts and agrees that under no circumstances, shall EW be held responsible in relation to the User or to third parties for modifying the Service, or for any sort of consequences linked with such changes.
11. USER'S ID AND PASSWORD DEACTIVATION; SUSPENSION, INTERRUPTION OF THE SERVICE. The User is aware and agrees that EW, at its sole discretion, reserves the right to deactivate the User's Password and account or interrupt the use of the Service. By way of example, EW may exercise such right whenever the User stops using the Service for more than 12 months, or whenever EW considers the User to have violated or to have acted in any manner which is incompatible or in conflict with the nature or provisions of the TCUs. To this end, please note that accessing an information system illegally or remain in the system, against the explicit or implied will of whoever has the right to exclude any presence in the same system, is considered a conduct which according to art. 615 third of the Penal Code, constitutes an offence punishable by imprisonment for up to three years.
12. LINK. The Service or the Users may give a link to other sites and other web resources. The User accepts and agrees that, under no circumstances, shall EW be held liable for the proper operation of such sites or for external web resources. EW cannot monitor and therefore cannot be held liable in any way for the contents or for advertising published on such sites and on external web resources and neither for the products or services therein offered or traded. The User accepts and agrees that under no circumstances, shall EW be held liable, either directly or indirectly, for any damages suffered by the User with respect to the contents of the sites or the purchase of goods or services through such sites.
13. PROPERTY RIGHTS OF EW. The User is aware that the Service and all required software used in connection with the Service or distributed free of charge or purchased, are protected by intellectual property laws and/or patent laws. Moreover, the User accepts and agrees that the Contents of advertisements or the information submitted to the User by the Service or by advertisers, are protected by copyright, trademark or patent rights or by other intellectual property laws and/or patent laws. Unless otherwise explicitly agreed by EW or by the advertisers, the User undertakes not to change or alter in any way (either free of charge or against payment) and not to distribute, disclose or create any works that are based, integrally or partially, on the Service or on EW Software. Solely for purposes of using the service, EW grants the User a non-transferable, non-exclusive personal license to use the Software on one computer only, meaning that the User cannot (and neither third parties) copy, change or create works derived from the software or in any way attempt to unravel source codes, sell, transfer, sublicense, give out or transfer any rights of EW Software to third parties. The User undertakes not to access the Service using an interface that is not provided by EW.
14. DISCLAIMER OF EW WARRANTIES. The User accepts and agrees and expressly declares that: a) the use of the Service takes place at his/her sole and exclusive discretion. The Service is gradually provided on an “AS IS” and “AS AVAILABLE” basis and therefore EW will not be held liable in any way for its use, accessibility, timeliness, deletion, or a failure to deliver or record any communication or personalisation of the User. Any warranty in favour of the User and borne by EW, whether explicit and/or implicit, is expressly excluded, there including by way of example but not limited thereto, any warranty relating to the marketability or suitability for specific purposes or with regard to the quality of the service. b) EW does not warrant (i) that the Service will satisfy the User's requirements, (ii) that the Service will be provided without interruptions, punctually, securely or without errors, (iii) the User's expectations that the results obtained by using the Service are truthful or reliable (iv) that the quality of the product, services, information or other materials acquired or obtained through the Service can satisfy the User's needs, nor that (v.) any errors in EW Software will be corrected. c) Any Content downloaded or otherwise obtained from or through the Service is obtained at the sole and exclusive discretion and at the exclusive risk of the User and hence the User is the sole and exclusive responsible party liable for any damages caused to his/her own computer or for loss of data caused by having downloaded such material or by having used the Service. d) No notice, advice, consultancy or information, either written or oral, provided to the User by EW or obtained from or through the Service, shall imply any warranty that is not expressly established under the TCUs herein described.
15. LIMITATION ON EW's LIABILITY. The User is aware and agrees that under no circumstances shall EW be held liable for any sort of damages, including the loss of profits, goodwill impairment or loss of data that results from the following: (even if EW is informed of a possible damaging event to Users) (i) using the Service, whether properly or not; (ii) the cost for supplying goods and/or providing substitutive services as regard to the goods and/or services acquired or obtained through the Service; (ii) non-authorized access or alterations to transfers or to the User's data; (iv) declarations or conduct of any third-party subject; (j) none of the provisions of this agreement shall limit or exclude EW's liability in case of damages due to fraudulent practices.
16. SPECIAL WARNINGS FOR SERVICES RELATING TO FINANCIAL MATTERS. If the User intents to receive or request any news, messages, alerts or other information related to business and financial matters, we kindly ask the User to read the two previous articles once again. These in fact are specifically applicable for this User. Furthermore, with special reference to this sort of information, the User must act with the greatest caution. Under no circumstances shall EW be held liable for the truthfulness, usefulness or for the availability of any information transmitted or made available through the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
17. NOTICES. EW may send notices regarding changes to the TCUs herein described or regarding other matters related to the Service by displaying general notices on the Service to the Users, links to such notices or by sending emails to Users.
18. REGISTERED TRADEMARK INFORMATION. “E-works” trademarks, logo, its Service trade names and all other EW logos, names of products and services will remain the exclusive property of EW. The User undertakes not to use EW's trademarks in any way without prior consent by EW.
19. COPYRIGHTS AND COPYRIGHT HOLDERS. EW respects the intellectual property rights and/or patent rights of others and requires its Users to do the same. If the User believes that its work has been copied or “treated” by third parties through the Service in a way that constitutes copyright infringement, EW invites the User to provide the following information to e-works S.r.l., with registered office in Italy – Campogalliano (MO) zip code 41011 , via G. Di Vittorio 28 : a) an electronic or physical signature of the person authorized to act on behalf of the owner of the involved copyright; b) a description of the copyrighted work that the User claims has been infringed, and a location of the source of the copyright itself as well as a description of copyrights that believes to have been infringed; c) a description of the place in the site where the work that claims has been infringed is located; d) the User's address, telephone number and e-mail address; e) a statement by User stating that the he/she has a good faith belief that the disputed use is not authorized by the copyright owner, its copyright holder, or by the law; f) a statement by User, in which he/she declares that the information provided under the User's notice is accurate and that the User is the legitimate copyright owner or legally authorized to act on behalf of the owner.
20. INFRINGEMENTS EW invites the User to notify any infringement committed in relation to these TCUs by sending an e-mail to the address support@e-works.it

E-WORKS USER LICENSE