This document includes the general terms and conditions concerning the use of the website www.ovo.com and of the relevant services by each user that will surf through it.
The use of the website or of the services and, generally, each action comporting the navigation through the website is considered as acceptance of these terms and conditions. Should user not intend to accept these terms and conditions, the same user shall refrain from navigate through the website.
- “Account”: means the functionalities, tools and contents ascribed to User on the Website.
- “Contents”: means each text content (included the questions and multiple answers contained in the Play Game), software, script, graphical or photographic element, audio, musical, video, audiovisual content, interactive functionality and other material, made available, displayable and/or accessible trough the Website, and/or Social OVO Pod.
- “Hyperlink”: means the contingent hypertextual link to other websites included in the Services, but not owned or controlled by OVO Italia.
- “OVO Italia”: means the company OVO Italia S.r.l., with registered office in Milan, Via Ludovico il Moro no. 25, fiscal code and VAT number 03711730964.
- “OVO Player”: means OVO Italia video player integrated in the Website.
- “Pre-Roll”: means the commercial advertising supplied by OVO Italia during the enjoyment of the Contents included in the Website and in the Social OVO Pod.
- “Premium Services”: means all the Services enjoyable from Premium Content Partner on the space available on the Website.
- “Services”: means all the Contents and services enjoyable by User through the Website and/or Social OVO Pod.
- “Social OVO Pod”: means the software application allowing OVO Italia to supply the Contents and Pre-Roll and/or other advertising formats through other third websites.
- “Streaming”: means a digital simultaneous broadcasting of the material carried out by OVO Italia through Internet towards a tool qualified to allow an User the access to Internet in order to guarantee that data shall be made available to be displayed in real time and that shall not be available in order to be downloaded (both permanently and temporally), to be copied, be preserved or redistributed by User.
- “User”: means each person or entity acceding to the Website and/or using the Services. * “Website”: means the website www.ovo.com and all the Services supplied through it.
OVO is a social network where registered Users may create an account and interact with community on the Website, on the networks of OVO Italia’s Media Partners through Social OVO Pod. Each User may display video content on which play that will be supplied by OVO Italia, by the same Users, by the brand sponsor, as well as by Premium Content Partners. During the gaming, User will have the opportunity to play a quiz with multiple answers trough both the Website and the Social OVO Pod, and afterwards display the answer through the Content made available by Premium Content Partner.
TERMS AND CONDITIONS
The use of the Website and of the Services is subject to this Terms and Conditions that form a binding agreement between OVO Italia and User.
Terms and Conditions apply to all Users without any distinction.
ACCEPTANCE OF THE TERMS AND CONDITIONS
Each use of the Services by User shall be intended as acceptance of the Terms and Conditions.
The Services shall not be used by persons (a) who are not entitled by law, in consideration of their age, to enter into an agreement with OVO Italia and/or (b) to whom is forbidden or in any other manner legally prohibited use or receive the Services pursuant to Italian law, as well as to law of the State in which they have their residence or from which they gain access or use the Services.
By gaining access to Website, the User acknowledges the acceptance of this Terms and Conditions implies the automatic acceptance that his Content are distributed through ovo.com and/or through the Social OVO Pod on third parties’ websites at OVO Italia exclusive and unchallengeable choice
AMENDMENTS OF THE TERMS AND CONDITIONS
This Terms and Conditions are effective from [-].
OVO Italia may periodically amend the Terms and Conditions, for sake of example due to legislative or normative amendments or to the functionalities offered trough the Service. The amended version of Terms and Conditions shall be published at this address and the User has the burden to periodically check on the Website the Terms and Conditions in order to verify if amendments have been made.
Should User continue to use the Website afterward the publishing of contingent amendments, these latter shall be intended to be implicitly accepted.
User can employ the most of the Services without registration and/or creating a personal account. However, in order to gain access to some particular applications included in the Website or Services, User shall create an Account. When the account will be created, User shall supply complete and accurate information and insert a password in order to protect the account. The User is asked to keep the Account password secret and reserved.
User shall immediately communicate to OVO Italia any infringement of the security or unauthorized use of its own Account of which he is conscious.
User agrees to be the sole liable subject towards OVO Italia and third parties in order to any activity carried out through its own Account.
After the creation of the Account, the User also accept that his activities and choices of use and web surfing of OVO Italia’s Website and Services could be traced, registered and used for any purpose, including profiling, marketing and advertising purposes.
LIMITATIONS TO THE USE OF THE WEBSITE AND OF THE SERVICES
OVO Italia authorize the User to gain access to Website and to use the Services at the following conditions, it being understood that the non-observance of any of these conditions shall be considered as an infringement of the Terms and Conditions by User:
- It is not allowed to amend or alter each part of the Website and/or the Services;
- It is not allowed to gain access to Contents with modalities and/or tools different from the ones available on the Website and/or in case expressly indicated by OVO Italia to this purpose;
- It is not allowed to elude (or try to elude), disable or in another way interfere with any element linked to security of the Services and/or with elements that (a) prevent or limit the use or the copy of the Contents or (b) implement a limitation concerning the use of Services or the Contents;
- It is not allowed to use the Website, the Services and/or the Contents for any of the following commercial uses without the previous authorization given by OVO Italia in writing:
- The sale of the access to the Website, to the Services and/or to the Contents;
- The sale of advertising, sponsorship or promotional spaces positioned on, or inside the Website, of the Services and/or the Contents;
- Should User use the Contents and/or the Services on his own website, User shall not amend, nor add or stop any part of them and/or functionality, included the link to the Website;
- It is not allowed to use any equipment, device or any other informatics instructions (included but not limited to robot, spider or off-line reader) to gain access to the Website and/or to the Services in order to send, during a certain period, a number of request messages to OVO Italia’s Server higher than the number of messages that a human being can reasonably send in the same period using a standard web browser publicly available;
- It is not allowed to collect any personal data concerning other Users, included the ones related to the Account;
- It is not allowed to use the Website and/or the Services for commercial purposes or related to a commercial activity;
- It is not allowed to gain access to the Website, to the Services and/or to the Contents for any reason different from the sole personal and non-commercial use;
- The access to Contents is allowed only in Streaming;
- It is not allowed to copy, reproduce, distribute, broadcast, publish, display, sell, licence or differently exploit the Contents and/or the Services without previous consent given by OVO Italia in writing.
User accepts to comply with all the other provisions set forth under OVO Italia Terms and Conditions for all the term of the use of the Service.
OVO Italia allows the operators of public search engine to use spiders to copy material from the Website only in order to create search index of the materials that are publicly available but not in order to create cache copies or archives of such materials. OVO Italia is entitled to revoke these authorizations in any moment.
User acknowledges and accepts that OVO Italia is entitled to interrupt, at its own exclusive discretion (temporally or permanently) the supply of the Services and/or Contents, or any other element related to the Website, towards a single User, even by stopping and/or deleting the Account, or towards Users generally, in any time and without previous communication.
User accept to be the sole liable subject – and that OVO Italia has not liability toward him or third parties – for any infringement of the Terms and Conditions and for any consequence of such infringement, included any loss or damage suffered by OVO Italia.
CONTENTS GENERATED BY OVO Italia
All the Contents included in the Website and generated by OVO Italia are, alternatively, owned by OVO Italia or licensed to OVO Italia and include copyrights, trademark rights and other intellectually property rights of OVO Italia and/or of licensor of OVO Italia.
The Contents supplied by OVO Italia shall not be downloaded, copied, reproduced, distributed, broadcasted, published, displayed, sold, licensed or in any other manner exploited without previous consent given by OVO Italia in writing or, if applicable, by licensor of OVO Italia. All the rights concerning the Contents are reserved by OVO Italia and, in case, its licensors.
USER GENERATED CONTENTS
Each User owning an Account is entitled to insert Contents. User acknowledges and accepts that, apart from the publication or not of the Contents generated by User, OVO Italia does not guarantee that these Contents will be kept reserved and rather the User acknowledges and accepts that all the Contents generated by User could be traced, registered and used by OVO Italia for any purpose, including profiling, marketing and advertising purposes.
Furthermore, each User owning an Account explicitly accepts that the Contents displayed may be generated not only by User but also by OVO Italia and/or its Content Partners and brand partners.
User has all the property rights concerning its own Contents but in order to allow the functionality of the Website, the same User grants OVO with a license concerning the broadcasting of the Contents through, but not limited to, the Website and the Social OVO Pod. These are described below in these Terms and Conditions under the paragraph “Rights licensed by User”.
User acknowledges and accepts to be the sole liable subject with reference to its own Contents and to the consequences of their upload on the Website, of their publishing and/or display. OVO Italia does not support the Contents or the opinions, recommendations and suggestions included in the Contents and expressly refuses any liability in relation with the Contents uploaded by User, apart from the actual publication or not.
User acknowledges and warrants to have – and to continue to have during the use of the Website – all the necessary licenses, rights, consent and permits requested in order to allow OVO Italia to use the Contents for the purposes concerning the supply of the Services or to use the Website and/or the Contents in the manner provided by these Terms and Conditions. Furthermore, the Contents generated by User inside the Website may not contain any material protected by third parties’ copyright or subject to third parties’ other intellectual property rights (including privacy rights and publishing rights), unless the User is provided with a formal license or a permit from the actual owner of the rights, or is in any other manner legally authorized to publish such material and to grant OVO Italia with the license provided at following article “Rights licensed by User”.
It is not allowed to publish or upload Contents that may contain material in relation to which the possession is considered unlawful in Italy or in the State where the User is resident or that should imply an illegal use or possession by OVO Italia with reference to the supply of the Services.
User acknowledges and accepts that during the use of the Services, the same User may display Contents that could be inaccurate, offensive, indecent or in any other manner deplorable. User accepts to waive, and by means of these Terms and Conditions waives, to any right or remedy provided by law or equity that same User may claim towards OVO Italia with reference to any of these Contents.
RIGHTS LICENSED BY USER
By the upload, the publishing and/or the display of the Contents by User, this latter contextually grants:
- OVO Italia with a free and non exclusive license concerning the entire world and including the right to sublicense, as well as the right to use, reproduce, distribute, create derived works, display and perform these Contents in connection with the supply of the Services and in any other manner related to the supply of the Services and to the commercial activity carried out by OVO Italia, included but not limited to the promotion and distribution in whole or in part of the Services (and of the relevant derived works), in any format and trough any means of communication;
- each User of the Services with a free and non exclusive right concerning the entire world to gain access to his Contents trough the Services and to collect, use, reproduce, distribute, create derived works, display and perform these Contents in the manner allowed by the functionality of the Services and pursuant to the Terms and Conditions.
The licenses above shall terminate when the User removes or deletes his Contents from the Website.
Services may include Hyperlink. OVO Italia has not the editorial control over the content, privacy policies or conditions included in third parties website and does not assume any liability in such respect.
User acknowledges and accepts that OVO Italia is not liable for the availability of other website or external resource and does not support any advertising, product or other materials existing of available trough such websites or resources.
User acknowledges and accepts that OVO Italia is not liable for any loss or damage that he may suffer as a consequence of the access to such websites or external resources, or in relation to the confidence inspired by the accuracy,
completeness or existence of any advertising, product or other materials existing of available trough such websites or resources.
EXCLUSIONS OF WARRANTIES
The Services are provided so that they are available on the Website and OVO Italia does not give any representation or warranties with reference to them.
In particular, OVO Italia does not represent and/or warrant that:
- the use of the Services satisfies the need of the User;
- the use of the Services is continuous, timely, secure or devoid of mistakes;
- any information gained by User as a result of its own use of the Services is accurate or reliable;
- the defects concerning the effectiveness or functionality of any software supplied by User as a part of the Services will be repaired.
No condition, warranty or any other term (included any other term concerning the satisfying quality, the suitability to a purpose or compliance with the description) apply to Services.
LIMITATION OF LIABILITY
OVO Italia shall not ne liable towards User with reference to:
- any damage and/or loss that User may suffer, including loss of profit, loss of goodwill or of commercial reputation, as well as any loss of data;
- any damage and/or loss that User may suffer:
- as a consequence of the confidence concerning the completeness, accuracy or existence of any advertising, or as a result of any relationship or arrangement between User and any sponsor or advertiser who promote its goods or service within the Services;
- as a consequence of the amendments that OVO Italia may carry out with reference to the Services or for any, temporary or permanent, termination concerning the supply of the Services;
- due to the deletion, deterioration or the non-storage of Contents and communication of other data kept or transmitted from or trough the use of the Services;
- due to the non-fulfilment of the User with reference to his obligation to keep the password and the details of his Account secret and reserved.
These Terms and Conditions form the whole agreement by and between User and OVO Italia and replace any former agreement between the same parties.
OVO Italia shall provide User with communication by e-mail, ordinary mail, as well as directly trough the Website.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed and shall be construed in accordance to Italian law.
All disputes arising from the infringement of these Terms and Conditions shall be submitted to the Court of Milan, subject to the imperative jurisdiction in case provided with reference to the right of consumer.
Pursuant to article 1341 and 1342 of Italian Civil Code, User expressly and in whole accepts the following provision of the Terms and Conditions contained in the following paragraph: “AMENDMENTS OF THE TERMS AND CONDITIONS”; “ACCOUNT”; “LIMITATIONS TO THE USE OF THE WEBSITE AND OF THE SERVICES”; “CONTENTS GENERATED BY OVO ITALIA”, “CONTENTS GENERATED BY USER”; “RIGHTS LICENSED BY USER”; “HYPERLINK”; “EXCLUSIONS OF WARRANTIES”; “LIMITATION OF LIABILITY”; “MISCELLANEOUS”; “GOVERNING LAW AND JURISDICTION”.