CONDITIONS

This agreement was written in Italian (Italy). To the extent any translated version of this agreement conflicts with the Italian version, the Italian version controls.

Date of Last Revision: April 05, 2018

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Plansaround Principles, and is our terms of service that governs our relationship with users and others who interact with Plansaround, as well as Plansaround brands, products and services, which we call the “Plansaround Services” or “Services”. By using or accessing the Plansaround Services, you agree to this Statement,. Additionally, you will find resources at the end of this document that help you understand how Plansaround works.

Because Plansaround provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

  • Privacy

Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Plansaround to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.

  • Sharing Your Content and Information

You own all of the content and information you post on Plansaround, and you can control how it is shared through your  application settings. In addition:

  • For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Plansaround (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

  • When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)

  • We always appreciate your feedback or other suggestions about Plansaround, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

  • Safety

We do our best to keep Plansaround safe, but we cannot guarantee it. We need your help to keep Plansaround safe, which includes the following commitments by you:

  • You will not post unauthorized commercial communications (such as spam) on Plansaround.

  • You will not collect users' content or information, or otherwise access Plansaround, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Plansaround.

  • You will not upload viruses or other malicious code.

  • You will not solicit login information or access an account belonging to someone else.

  • You will not bully, intimidate, or harass any user.

  • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  • You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

  • You will not use Plansaround to do anything unlawful, misleading, malicious, or discriminatory.

  • You will not do anything that could disable, overburden, or impair the proper working or appearance of Plansaround, such as a denial of service attack or interference with page rendering or other Plansaround functionality.

  • You will not facilitate or encourage any violations of this Statement or our policies.

  • Registration and Account Security

Plansaround users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on Plansaround, or create an account for anyone other than yourself without permission.

  • You will not create more than one personal account.

  • If we disable your account, you will not create another one without our permission.

  • You will not use your personal timeline primarily for your own commercial gain, and will use a Plansaround Page for such purposes.

  • You will not use Plansaround if you are a convicted sex offender.

  • You will keep your contact information accurate and up-to-date.

  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

  • You will not transfer your account to anyone without first getting our written permission.

  • If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

  • Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  • You will not post content or take any action on Plansaround that infringes or violates someone else's rights or otherwise violates the law.

  • We can remove any content or information you post on Plansaround if we believe that it violates this Statement or our policies, or where we are permitted or required to do so by law.

  • We provide you with tools to help you protect your intellectual property rights.

  • If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

  • If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

  • You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.

  • If you collect information from users, you will: obtain their consent, make it clear you (and not Plansaround) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

  • You will not post anyone's identification documents or sensitive financial information on Plansaround.

  • About Advertisements and Other Commercial Content Served or Enhanced by Plansaround

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

  • You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.

  • We do not give your content or information to advertisers without your consent.

  • Special Provisions Applicable to Software
  • If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

  • You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

  • Amendments

Unless otherwise required by law, we’ll notify you (for example, by email or through the Service) before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. Changes to this Statement shall become effective 30 days after we provide notice of planned changes. Your continued use of the Plansaround Services, following the notice period of the planned changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms. If, however, you do not wish to continue using Plansaround, you may temporarily deactivate or permanently delete your account at any time. If you decide to permanently delete your account, this Statement shall terminate.

  • Termination

We can stop providing all or part of Plansaround to you immediately if, in our sole discretion, you clearly, seriously or repeatedly violate this Statement or our policies, or if we are required to do so by law. We will notify you by email or the next time you attempt to access your account.

  • You may also choose to temporarily deactivate or permanently delete your account at any time. When your account is deleted, we delete things that you have posted, such as your photos and status updates. Information that others have shared about you is not part of your account and will not be deleted when you delete your account.

  • Disputes
  • You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Plansaround exclusively in the Italian Court of law, and you agree to submit to the personal jurisdiction of such court for the purpose of litigating all such claims. The laws of Italy will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

    If you are a consumer and habitually reside in a Member State of the EU, the laws of that Member State will apply instead. Similarly, if you are a consumer habitually resident in a Member State of the EU and a competent court of that Member State has jurisdiction over the claim, then you may resolve your claim before that court.

  • If anyone brings a claim against us related to your actions, content or information on Plansaround, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Plansaround and are not responsible for the content or information users transmit or share on Plansaround. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Plansaround. We are not responsible for the conduct, whether online or offline, of any user of Plansaround.

  • We will use reasonable skill and care in providing the Plansaround Services to you and in keeping it a safe, secure and error-free environment, but we do not guarantee that Plansaround will always function without disruptions, delays or imperfections. We are not responsible for:

    • losses not caused by our breach of this Statement;

    • losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this agreement;

    • losses resulting from actions, content, information or data of third parties including any user of Plansaround whether online or offline; we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Plansaround; and

    • failure to provide Plansaround or to meet any of our obligations under these terms where the failure is due to events beyond our control.

  • The above does not attempt to exclude our liability for death, personal injury or fraudulent misrepresentation caused by our negligence where this is not permitted by law.

    If you are a consumer residing in the European Union, you have legal remedies if we breach certain statutory rights regarding the digital content available on the Plansaround Services as well as rights relating to losses caused by any negligence on our part in carrying out of our obligations under this Statement. These terms and conditions do not affect these statutory rights.

    In respect of any of the above we shall be liable only for losses which are a reasonably foreseeable consequence of such a breach and (except in relation to death, personal injury or fraudulent misrepresentation) up to the amount you have paid us in the last 12 months.

  • Special Provisions Applicable to Users Outside the European Union

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Plansaround outside the European Union:

  • You consent to having your personal data transferred to and processed in Italy.

  • If you are located in a country embargoed by Italy you will not engage in commercial activities on Plansaround (such as advertising or payments) or operate a Platform application or website. You will not use Plansaround if you are prohibited from receiving products, services, or software originating from Italy.

  • Definitions
  • By "Plansaround" or” Plansaround Services” we mean the features and services we make available, including through (a) our website at www.Plansaround.com and any other Plansaround branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Take Part button, and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Plansaround reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms (where, as applicable, you may separately consent) and not this SRR. In respect of such brands, products or services governed by separate terms and not this SRR, we will notify you on the Plansaround Services of the separate terms before use. Your use of brands, products, or service governed by separate terms, constitutes your acceptance of those separate terms.

  • By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Plansaround or provide data to us.

  • By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Plansaround.

  • By "content" we mean anything you or other users post, provide or share using Plansaround Services.

  • By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Plansaround or provide to Plansaround through Platform.

  • By "post" we mean post on Plansaround or otherwise make available by using Plansaround.

  • By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

  • By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

  • By “Trademarks” we mean the list of trademarks provided here.

  • Other
  • This Statement is an agreement between you and Plansaround S.r.l.s.

  • This Statement makes up the entire agreement between the parties regarding Plansaround, and supersedes any prior agreements.

  • If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

  • If we fail to enforce any of this Statement, it will not be considered a waiver.

  • Any amendment to or waiver of this Statement must be made in writing and signed by us.

  • You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

  • All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

  • Nothing in this Statement shall prevent us from complying with the law.

  • This Statement does not confer any third party beneficiary rights.

  • We reserve all rights not expressly granted to you.

  • You will comply with all applicable laws when using or accessing Plansaround.

By using or accessing Plansaround Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. You may also want to review the following documents, which provide additional information about your use of Plansaround:

To access the Statement of Rights and Responsibilities in different languages, change the language setting for your Plansaround session by clicking on setting/language. If the Statement is not available in the language you select, we will default to the English version.