Terms and the general conditions for the use of the website

This document contains the terms and the general conditions for the use of the website www.ovo.com and the relevant services by any user which intends to visit the pages of such website.
The use of the website or the services and, more in general, any action involving the visit of the website, represent acceptance of these terms and conditions.
Should the user not intend to accept these terms and conditions, he ought to refrain from surfing on the pages of the website.

Definitions
“Account”: means the account created by the User on the Website.
“Contents”: means any textual content, software, script, graphic element, picture, audio content, musical, video, audiovisual combination, interactive function and other material, including the Docuclip, visible and/or accessible on the Website and/or through the Services.
“Docuclips”: means the short length audiovisual contents produced by OVO™ Italia and visible on the Website.
“Hyperlink”: means any hyperlink to other websites that are not owned or controlled by OVO™ Italia included in the Services.
“OVO™ Geo Reference”: means the software application which allows to view the Contents on a map in a geo-referenced way.
“OVO™ Italia”: means OVO Italia S.r.l., with registered office in Milan, Via Fratelli Ruffini 10, fiscal code and VAT number 03711730964.
“OVO™ KeyWord Widget”: means the software application which allows third parties’ websites (a) to create a link between certain key words contained in their own texts and the Contents, and (b) the visualization of such Contents, directly on their respective websites, by their users, through an ad hoc video player.
“OVO™ Mesh”: means the graphic frame which encircles the OVO™ Player, composed by 60 static images of the Docuclips which are linked to the Docuclip from time to time displayed inside the OVO™ Player through a semantic relationship.
“OVO™ Mesh Widget”: means the simplified version of the OVO™ Mesh accessible by the users of third parties’ websites in an embedded way.
“OVO™ Player”: means the video player of OVO™ Italia included in the Website and contained in the OVO™ Mesh.
“Privacy Policy” means OVO™ Italia privacy policy, visible at the address www.ovo.com/privacy.php.
“Services”: means any product, channel, software, data feed and service of OVO™ Italia, included the OVO™ Player, available to the User on, or through, the Website.
“Streaming”: means a contemporaneous digital transmission of the material by OVO™ Italia via the Internet to a User operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the User.
“Terms and Conditions”: means, jointly, (a) the provisions included in this document, and (b) the Privacy Policy.
“User”: means any subject accessing the Website and/or using the Services.
“Website”: means the website www.ovo.com.

Terms and Conditions
The use of the Website and the Services is subject to the Terms and Conditions which form a legally binding agreement between OVO™ Italia and the User.
The Terms and Conditions apply to all the Users.

Acceptance of the Terms and Conditions
Any use of the Services by the User shall be deemed as acceptance of the Terms and Conditions.
The Services cannot be used by subjects which (a) are not of legal age to form a binding agreement with OVO™ Italia, and/or (b) are either barred or otherwise legally prohibited from receiving or using the Services under the Italian laws as well as the laws of the country in which they are resident or from which they access or use the Services.

Amendments to the Terms and Conditions
These Terms and Conditions are effective starting from October 1, 2010.
OVO™ Italia reserves the right to make changes to the Terms and Conditions from time to time.
The User must look at the Terms and Conditions on the Website periodically to check for such changes.
Should the User continue to use the Services after the publication of any change, such change shall be deemed as implicitly accepted.

Account
In order to access some features of the Website and certain Services, it is necessary to create an Account. When creating an Account, the User must provide accurate and complete information and insert a password. It is important to keep the Account’s password secure and confidential.
The User must notify OVO™ Italia immediately of any breach of security or unauthorized use of the Account that he becomes aware of.
The User agrees to be the sole responsible (to OVO™ Italia, and to others) for all the activities that occur under its Account.

Restrictions to the use of the Website and the Services
OVO™ Italia grants the User permission to access the Website and use the Services subject to the following conditions. The User’s failure to adhere to any of these conditions shall constitute a breach of the Terms and Conditions by the User:

• it is not allowed to distribute any part of the Website and/or the Services (including the Contents) in any medium without OVO™ Italia’s prior written authorization, unless OVO™ Italia makes available the means for such distribution through functionality offered by the Services (such as OVO™ KeyWord Widget, OVO™ Mesh Widget and OVO™ Geo Reference);
• it is not allowed to alter or modify any part of the Website and/or the Services (including but not limited to the OVO™ Player and its related technologies);
• it is not allowed to access the Contents through any technology and/or means other than those available on the Website and/or explicitly designated by OVO™ Italia for this purpose;
• it is not allowed to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Services and/or features that (a) prevent or restrict use or copying of the Contents, or (b) enforce limitations on use of the Services or the Contents;
• it is not allowed to use of the Services (including the OVO™ Player) for any of the following commercial uses without OVO™ Italia’s prior written approval:
  • the sale of the access to the Services;
  • the sale of advertising, sponsorships or promotions placed on or within the Services and/or the Contents;
• should the User use the OVO™ Player, OVO™ KeyWord Widget, OVO™ Italia Mesh Widget or OVO™ Italia Geo Reference on his website, the User shall not modify, add and/or block any portion or functionality of the OVO™ Player, OVO™ KeyWord Widget, OVO™ Mesh Widget or OVO™ Geo Reference, including the links back to the Website;
• it’s not allowed to use or launch any automated system (including, but not limited to, robots, spiders or offline readers) that accesses the Services in a manner that sends more request messages to the OVO™ Italia’s servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard web browser;
• it is not allowed to collect any personal data concerning the other Users (including the relevant Accounts);
• it is not allowed to use the Website and/or the Services for commercial purposes or for other purposes connected with a commercial enterprise;
• it is not allowed to access the Contents for any reason other than the User’s personal and non-commercial use;
• the access to the Contents is allowed exclusively by Streaming;
• it is not allowed to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Contents without OVO™ Italia’s prior written approval.

OVO™ Italy grants the operators of public search engines permission to use spiders in order to copy materials from the Website for the sole purpose of creating publicly available searchable indexes concerning the materials, but not in order to create caches or archives of such materials. OVO™ Italia reserves the right to revoke such permission at any time.
The User acknowledges and accepts that OVO™ Italia may interrupt (permanently or temporarily) the supply of the Services (or of any features within the Services) to the User or to Users generally at OVO™ Italia’s sole discretion, without prior notice.
The User agrees that he is solely responsible for (and that OVO™ Italia has no responsibilities to the User or to any third party for) any breach of the Terms and Conditions and for the consequences (including any loss or damage which OVO™ Italia may suffer) of such breaches.

Contents
It is not allowed to post or upload any Content by the Users.
All the Contents are either owned by or licensed to OVO™ Italia, and are subject to copyright, trade mark rights and other intellectual property rights of OVO™ Italia or OVO™ Italia’s licensors.
The Contents may not be downloaded, copied, reproduced, distributed, broadcasted, displayed, sold, licensed or otherwise exploited without the prior written consent of OVO™ Italia or, where applicable, by OVO™ Italia’s licensors. OVO™ Italia and its licensors reserve all the Contents’ rights.
The User acknowledges and accepts that in using the Services, he may be exposed to Contents which are factually inaccurate, offensive, indecent, or otherwise objectionable to the same User.

Hyperlink
The Services may include Hyperlink. OVO™ Italia has no control over, and assumes no responsibility for, the content, privacy policies, or the practices of any third party websites.
The User acknowledges and agrees that OVO™ Italia is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
The User acknowledges and agrees that OVO™ Italia is not liable for any loss or damage which may be incurred by the User as a result of the availability of those external websites or resources, or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.

Exclusion of warranties
The Services are provided as available on the Website and OVO™ Italia makes no warranties or representations with respect to them.
In particular, OVO™ Italia does not represent or warrant that:

• the use of the Services will meet the User’s requirements;
• the use of the Services will be uninterrupted, timely, secure or free from errors;
• any information obtained by the User as a result of the use of the Services will be accurate or reliable;
• defects in the operation or functionality of any software provided to the User as part of the Services will be corrected.

No conditions, warranties or other terms (including any implied terms concerning the satisfactory quality, fitness for purpose or conformance with the description) apply to the Services.

Limitation of liability
OVO™ Italia shall not be liable to the User for:

• any damage and/or loss which may be incurred by the User, including any loss of profit, any loss of goodwill or business reputation, as well as any loss of data;
• any damage and/or loss which may be incurred by the User as a consequence of:
  • any reliance placed by the User on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the User and any advertiser or sponsor whose advertising appears on the Services;
  • any change which OVO™ Italia may make to the Services, or for any permanent or temporary cessation in the supply of the Services;
  • the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through the use of the Services;
  • the User’s failure to keep his password or the Account details secure and confidential.

General legal terms
The Terms and Conditions constitute the whole legal agreement between the User and OVO™ Italia and replace any prior agreement between the User and OVO™ Italia.
The User agrees that OVO™ Italia may provide the User with notices by e-mail, regular mail as well as postings directly on the Website.

Governing law
The Terms and Conditions shall be governed and construed in accordance with the Italian law.

Jurisdiction
All disputes arising from or in connection with the Terms and Conditions shall be submitted to the exclusive jurisdiction of the Court of Milan, except for the compulsory territorial jurisdiction of the consumer/user.