Legal Notes

Legal Note and Copyrighted Material

1. Terms and conditions for use of the Site

The website located at www.costruirespa.it (hereinafter, for brevity, referred to as “the Site”) is intended to exhibit the business activity of and facilitate contact with the company. In the present document (henceforth also referred to as the “Conditions”), the term “visitors” (henceforth also referred to as the “Users” or, individually, the “User”) refers to any person who accesses the site and/or who uses it with or without the permission of Nuovo Trasporto Viaggiatori S.p.A (hereinafter also “COSTRUIRE”), regardless of whether this person is a registered user of the site or is a non-registered user availing of a service offered through the site.

1. Acceptance of Conditions

By accessing the Site, researching and/or obtaining its content and/or services (through reading, downloading or any other procedure), uploading or downloading information and/or materials and/or with any other use of the Site and its content, the User agrees and undertakes to respect these terms without modification as well as fulfilling all normative measures of the applicable legal regulations.

In the circumstances in which, within the site or on any part of it, additional conditions, rules, guidelines, codes of conduct or instructions for the User are listed, the User also undertakes to respect them.

If the User does not abide by these terms (or other rules, instructions, regulations etc. on this site), the aforementioned will not be authorized to access or use the Site.

1. Access to the site, restrictions and responsibilities

Access to the site and/or its content/services may be limited by Costruire s.p.a. to a maximum number of logins and/or to a given duration within a specific time period. Removing images and/or texts from the Site (through downloading and/or copying and/or any other means) is strictly forbidden without the prior express written permission of Costruire s.p.a.

1. User account registration

In order to enable the User to access and make use of certain resources, contents and/or services on the Site or upload materials and/or send communications through the Site, the User may be requested to register or to provide certain personal data and/or information.

The User agrees to provide accurate, up-to-date and complete data and information, as well as to communicate to Costruire any variation in the data and information provided. Costruire reserves the right to refuse and/or restrict – at its sole judgment and discretion – the User’s access to the Site, and/or registration, the use of resources, contents and services available therein, and reserves the right to revoke, terminate or suspend accounts created by the User.

1. Content and services.

In the event of wishing to use, receive, or download content, materials or services (for an additional fee) that may be available on the website or through links to the website itself (e.g. sound, images, video, etc …), the User must check beforehand and ensure – taking upon himself all responsibility in this regard – that any tools or instruments used to access or receive information (through downloading etc.) are adapted to support the processes used to obtain this information, and are compatible with the format of content, materials or services available on or through the site (hereinafter, for brevity, the “Content”). Subsequent to this, the User must then request permission as per point number 3 above.

1. Authentication credentials for account data

The User is responsible for the secrecy of authentication credentials (ID, password, etc.) and, in all cases, of all data necessary to access and/or use the website.

The User shall also be responsible for all activities that occur through the use of his/her account.

The User is obliged to immediately inform COSTRUIRE of any unauthorized use of the account in question.

In the event of any disclosure of details to third parties and unauthorised use of the authentication credentials, COSTRUIRE may proceed, at any stage, to suspend, interrupt or cancel the registration of the account and restrict the User’s access to the site.

1. Modifications to the Site and the Conditions

COSTRUIRE may make, at any time – at its sole discretion and without prior notice to the User – all changes, additions and/or updates deemed necessary and/or simply appropriate to the Site, the Content, scheduled events and other materials contained therein or available through the Site itself, including these terms and conditions.

Any amendment and/or updating of these terms and conditions (and/or any other terms and conditions contained on the website) may be communicated by COSTRUIRE to the user through the Site or by other means of communication. Each user who accesses the site after any changes and/or updates have been posted on the site or otherwise communicated, will accept them and will remain bound by these from the date of publication and/or communication of changes and/or updates even if the individual in question has not viewed the web page on which they are published.

1. Prohibited use of the Site.

COSTRUIRE grants the User limited access and use of the Site for personal, non-commercial motives and, in all cases, in full compliance with all rights of COSTRUIRE and/or of third parties (including copyrights, industrial property rights, etc.) relating to the Content, information and/or materials present on and/or made available through the Site.

Users are therefore expressly forbidden (without limitation and not limited to):

-to use the Site and its Content for purposes or motives other than those cited above and, in particular, for commercial purposes;

-to make any use of the Site and its content that is not explicitly permitted under these conditions and/or the specific terms and conditions may appear periodically on the site itself, and so, by way of example, the acquiring (downloading), modification, communication, distribution, transmission, copying, duplication, publication of the Content contained and/or obtained through the site including personal data, information, graphics, images, photographs, sketches, descriptions, collections of texts, videos, audio recordings, music and sounds, utility programmes (utilities), software and collections of software, drivers, and other access programmes, the contents of the newsletter sent by e-mail or similar communications transmitted by COSTRUIRE or on behalf of COSTRUIRE, as well as all other Content of the Site produced and/or broadcast directly by COSTRUIRE, by business partners of COSTRUIRE or their suppliers of said partners;

-to use the Site or its Content (i.e. framing), as well as any use of the Contents of the Site on another site, server or computing environment on the internet;

-to use the Site or its Content in violation of any applicable laws or to use the Site in a way that may cause damage to the website itself (including termination or limitation thereof  of the Site or of its Content and services);

-to access or to attempt unauthorized access to any portion or content on the Site or to other users ‘ accounts, or computer systems or networks connected to the Site;

-to collect or to attempt to collect information and/or personal data on third parties through the Site

1. Copyright protection.

All rights to the Content on the Site or available through it are reserved to COSTRUIRE in accordance with current legislation. In relation to access to and use of the Site, CONSTRUIRE does not grant (and the User may not purchase) any rights to the content viewed, obtained and/or used by the User. The Content and materials of the Site, including the selection and arrangement thereof, are the property of COSTRUIRE or business partners of COSTRUIRE and/or their suppliers, and is protected by law and, in particular, the current legislation on copyright and industrial property. Permission to access and use the Site (limited to the purposes and objectives mentioned above) is expressly conditional on the recognition, respect and protection, on the part of the User, of every notice, warning and/or limitation period of copyright protection, the protection of industrial property (patents, trademarks and/or other distinctive signs to COSTRUIRE or third parties) and any other rights concerning the protection in any form of the Content of the Site.

The user may not acquire ownership of and/or otherwise any rights to email addresses, URLs, or other identifying information assigned by COSTRUIRE or chosen by the User in order to access Content available through the Site.

The limited rights of the User concerning the use of the aforementioned addresses/personal identification numbers will be valid as long as the registration or account created by or for the user to access the Site or the respective Content remains valid. At the end of the period of validity of registration or account, COSTRUIRE is free to revoke, terminate and/or suspend the use of the addresses/user-identifying information by the User, that is, to assign said details to another User at its sole discretion.

1. COSTRUIRE trade names and distinctive signs

COSTRUIRE logos and branding present on the Site are owned by COSTRUIRE s.p.a. Any other trademark, name, insignia, logo, web address, product name or model, and their derivatives, which describes the goods or services of COSTRUIRE or of business partners of COSTRUIRE or that contain the word “COSTRUIRE” and is included in the Content of the Site is a registered trademark of and/or, in any case, is owned by COSTRUIRE or by the companies with which COSTRUIRE is partnered.

Other names or distinctive product or company signs or designs that are used on the Site may be registered trademarks and/or otherwise belong to the respective owner.

It is strictly forbidden to use in any manner and in any form the trademarks and distinctive signs or designs of COSTRUIRE or of any third party on the Site or acquired through said site.

The Site, graphics and texts are subject to copyright protection and all rights are reserved to COSTRUIRE or to legitimate third-party owners.

1. Prohibitions and limitations on information and materials transmitted (upload) by the User

Information, Content and materials posted or sent by the User to the Site or through it (hereinafter, referred to as the “User Materials”) are subject to the provisions below.

User Materials will comprise all information, Content and/or materials sent or transmissible to COSTRUIRE or to third parties (including other Users) through the Site, that is, posted or uploaded by a User on the Site or on other related tools. User Materials include, but are not limited to, photographs, videos and other types of images, sound materials, graphics, document or data files, information relating to natural persons or similar, messages, email  communications or similar, files, texts, opinions and other information.

In relation to User Materials uploaded or transmitted to the Site or made available to COSTRUIRE or to third parties, the User guarantees COSTRUIRE the rights to non-exclusively use these Materials, even for commercial purposes, for an unlimited time, free of charge. The User agrees that the rights guaranteed to COSTRUIRE are non-revocable. This right includes, without limitation, copying, sublicensing, reproduction, modification, adaptation, publishing, translation, public depiction, exhibition and distribution of materials, as well as their incorporation (in whole or in part) in any form, in any medium or by any technology, whether already known or developed in the future.

The above provisions do not apply to personal data which will be processed in compliance with the current legislation on the protection of personal data in accordance with and for the purposes provided for in specially prepared sections present on the Site.

The following User activities are expressly prohibited (without limitation and not limited to): the uploading, communicating, transmitting and/or posting on the Site or through it of:

-information and materials that are and/or may be deemed to be of a sexual, pornographic, blasphemous, defamatory, fraudulent, vulgar, obscene or offensive nature;

-personal affronts, insults or threats;

-contents and materials relating to acts of violence, ill-treatment, child pornography or the sale, distribution or promotion of weapons or drugs and/or hallucinatory substances;

-contents and materials relating to advertising, market research and competitions;

-pyramid or chain communications (i.e. St. Anthony chains)

-criminal or fraudulent activity and/or offers;

-music files, software, images (still or moving), literary works, artistic or other content and materials are protected by law (including copyright) unless the User is the owner of the exclusive rights to such content and/or materials or has received all necessary permissions for the use of said content and/or materials;

-content and/or materials of any kind that contain confidential or personal information regarding third parties whether they are natural or legal persons, including phone numbers, physical addresses, email addresses, account numbers of other Users, passwords and financial information with the exception of personal information transmitted by the User and relating to the purposes of registration on the Site or opening an account;

-computer programmes, files and other materials with destructive or disruptive features such as viruses, manipulative files and, in general, any other element designed to harm or disturb the integrity or functionality or online communication of the Site.

 In the case of violation or breaching (or suspicion of violation) of the above provisions, COSTRUIRE reserves the right to suspend, terminate or cancel User access to the Site or to the relevant account and to prevent access to or use of its Content, except in the circumstances where it may be necessary to submit the User Material in question to the competent authorities for investigation.

COSTRUIRE reserves the right to prohibit and/or restrict the transmission, distribution, dissemination, uploading, presentation or saving of, on the Site or through it, as well as the right to remove from the Site itself, all User Material that COSTRUIRE deems inadmissible, inappropriate and/or simply unpleasant based on its sole discretionary assessment.

1. Liabilities.

The User agrees to assume all responsibility for any damages correlated with, due and/or related to the type, characteristics and/or the compatibility of hardware and software equipment used to access and use the Site and for the payment of telephone charges and other network charges necessary to access the Site, to use said Site thereafter and to avail of the relative Content.

The texts, the information, materials and other Content published on or accessible through the Site are for information purposes only and are not considered official, unless otherwise indicated in this regard on the Site itself.

The User also agrees to assume all civil, criminal and administrative responsibility arising, resulting from or related to any damage to persons (including COSTRUIRE and the aforementioned User) and/or all other aspects and objects (animate or inanimate) as a result of access to the Site and/or use of Content present on and/or accessible via the Site (including those provided or transmitted by other Users or third parties through links, connections, etc. ..), for use of any services offered or made available by third parties (including through links or other connections to the Site), as well as the unauthorized, improper or unlawful use of any services provided by COSTRUIRE.

The User therefore expressly exonerates and/or relieves COSTRUIRE of all liability for any damages, of any nature, possibly derived from and/or caused by, tools used to access the Site (hardware and software, including cases of third-party ownership), third parties (including – but without limitation and not limited to – other Users of the Site, those who access the Site using a non-authorized User’s account, third parties that have activated links or other connections, etc.), as well as for any damage derived or deriving from the same Site and undertake, however, to indemnify and hold harmless COSTRUIRE and its staff from any and all claims, actions, cases and/or questions brought by anyone in any capacity for any reason, industrial accidents, claims and/or damages (including those caused to the Site itself) deriving from, due to and/or connected with the access and/or use of the Site and the Content available through the aforementioned.

In particular, the user shall be solely responsible for (and will therefore be obliged to indemnify and hold harmless COSTRUIRE) all damages to anyone (including COSTRUIRE and the aforementioned User) that may derive from:

-the employment, uploading, transmission and/or use of information, material and/or content by the same User (User Materials);

-unauthorized access (including minors) to the Site, to the User’s account and/or user-only areas;

-automatic forwarding and/or dissemination of communications and/or viruses or other invasive or destructive computer programmes both on the Site and third-party tools.

Under no circumstances will COSTRUIRE be liable for damage caused by the User to third parties due to incorrect, unauthorized and/or illegal access to and/or use of the Site, as well as by the access to and/or use of the Content available through the Site.

1. Guarantees

The Site and its Content are made available according to the qualitative and quantitative characteristics decided by COSTRUIRE. COSTRUIRE does not guarantee, in order:

-the suitability and accessibility of the Site by the User, or the availability thereof for use in any location;

-the absence of computer viruses or other harmful programmes, components and elements from the Site and/or hosting servers;

-the accuracy and/or currency of any text, information and/or statements contained on the Site or accessible through it;

-the constant and uninterrupted availability of the Site Content

COSTRUIRE does not guarantee, and shall not be held responsible for any loss, deletion, removal or non-transmission and/or non-delivery to the receiver of Content, Materials and/or information submitted, uploaded or transmitted through the Site, regardless of whether this is due to failures, computer viruses, unauthorized third party access or any other cause.

1. Links to and from the Site.

The User is expressly prohibition from initiating any type of electronic, computer or telematic (e.g. hyperlink) connection to and from the Site without the express authorization to COSTRUIRE.

COSTRUIRE or third parties (with the permission of COSTRUIRE) may initiate or establish links to or from this Site (to or from other internet sites or resources operated by third parties). The establishing of such links does not imply any approval or endorsement by COSTRUIRE of other sites or the relevant content, nor the existence of any economic/legal relationship with the relevant third party manager.

The acceptance and any forthcoming use by the User of an existing connection on the Site to any other external site is at the risk and under the sole responsibility of the User.

COSTRUIRE assumes no responsibility for damages caused to the User and/or third parties from linking to external sites and resources or from accessing the relevant content, materials and services. COSTRUIRE does not assume any responsibility for the accuracy, currency, legality, or decency of content, materials and information contained or available on the sites and in external resources.

1. Availability and withdrawal of access to and use of the Site.

CONSTRUIRE reserves the right to interrupt, suspend and/or revoke, at any time, and by virtue of its discretionary and indisputable decision, access to and use of the Site or the relevant account by a User or all Users.

1. Applicable law and jurisdiction

These terms and conditions are subject to Italian law.

All disputes concerning these terms and conditions (that is, the additional terms and conditions on the Site including those relating to their validity, effectiveness, interpretation and/or execution) will be referred to the exclusive competence of the law courts of Naples with priority over all other legal authorities and courts.