The present General Conditions of Use are compiled by JVF S.r.l. hereinafter referred to as the “Supplier” with headquarters in San Marco 1808 30124 Venezia (VE) are relative to use of the site www.jewelryvirtualfair.com, as well as the relative application (both indicated below as “JVF”) by the user of the services (hereinafter referred to as “User” ).
JVF is a website that provides a social network service dedicated exclusively to the jewelry sector, and that permits contact between producers, designers and buyers throughout the world, to the exclusion of the final consumer.
Using the JVF services, even without creating an account through the registration process, the User accepts to be bound by the General Conditions of Use expressed here. Without this acceptance, it will not be possible either to navigate the JVF site or use the present services.
To obtain the right to use JVF services, Users must be at least 18 years of age and have a valid email address. To publish content on JVF services and to activate other available functions, Users must create an account. Services are available only to account holders.
The User must insert, as access credentials, a valid email address, a user-name and password. The User is responsible for the security of his own password, which is used to access JVF services, and for all other activities or actions correlated to JVF.
JVF is not responsible for any possible loss or damage derived from the inadequate protection of one’s account data on the part of the User.
The User expressly declares that all data and information given at the moment of registration is true, correct, complete and up to date. The User is required to communicate any modification of registration data to the Supplier.
The absence of communication, or partial or inexact communication of the requested data may cause the Supplier to deactivate the relative account or block future use of services.
User-names are assigned on first-come-first-served basis, and, therefore, if you require a user-name already in use, you may not assert any right to request the ownership, even if it is the name of your corporate brand.
JVF reserves the right, at its exclusive discretion, to refuse the right to use particular user names, or to remove or recover any user-name. For example, the registration of a user-name may be refused if a third party owner of a brand registers a complaint that the user-name violates intellectual property rights of that third party, or constitutes the misappropriation of the identity of another person, or is illegal or offensive.
The user-name will be publicly identified with a photo associated with the same account. If the profile photo is not uploaded within 60 days from the creation of the account, the Supplier reserves the right to remove the account, and allow another User to register the same name.
In the case of dormant accounts not accessed for 365 days by Users, the Supplier reserves the right to eliminate the account in question, after User notification, to make space for new Users.
Users may cancel their account at any time. However, due to technical or operational limitations, there may be a delay between the request and the actual time in which the profile will no longer be publicly visible. It should be noted that copies of backups of the content are preserved on our servers and some of the contents can remain stored therein (not publicly visible), even after the cancellation request has been made.
Account elimination is irreversible, and the account may not be reactivated after elimination. Once canceled, the account no longer has the right to access or use JVF services.
The Supplier reserves the right to interrupt or suspend an account at any time, after User notification.
5.Content modifications to JVF
The Supplier reserves the right to eliminate or modify any part or the entirety of JVF services at any time, without prior notice, from time to time adding characteristics and functions, and to limit use of certain functions, without causing any injury or claim on the part of the User.
6.Limitations of liability and capabilities of the Supplier
Any content uploaded or published on JVF, including texts, images, video, files, animation, logos, comments or other remain the property of the User.
However, through registration and use of JVF services, the User concedes a worldwide, royalty-free, non-exclusive and transferable license to the Supplier, to use, archive, reproduce, adapt, distribute and publicly show the uploaded content.
The User declares himself to be the only responsible party, with regard to the Supplier and third parties, of content published on the JVF site. The User guarantees that he/she is the legitimate owner and/or party authorized to use the uploaded content and indemnifies the Supplier from any responsibility and injurious economic consequence that could rise from their unlawful or inappropriate use on the part of anyone.
Upon registration to JVF, the User consents to other users of JVF, registered or not, to see, share or interact with the content published by him, aware that such content is publicly available on JVF, for an undetermined time, and may be distributed by other members of JVF through social media or other methods, or be archived in a cache by third parties (ex. Search engines), even after the JVF account has been canceled.
The User, by activating the JVF services, declares that he is aware of the fact that it is extremely difficult to remove content from the Internet, and that, once published on JVF, becomes part of the public domain.
The User is aware that use of JVF services comprises interactions with content of diverse origins, and that JVF is not responsible for its accuracy, usefulness, security or its intellectual property rights. The User accepts, with this present document, to waive any right in this sense towards the Supplier.
The Supplier may modify or adapt the content, in order to transmit, visualize and/or distribute it on various media and/or perform necessary modifications to conform and adapt the content to any need or limitation of the networks, devices, services or means of communication.
The User accepts that, although it has no obligation to check content provided by Users, the Supplier can access the profiles of individual users, at any time and without notice, only in order to verify the correct use of the service and the absence of violations of the law or these Terms and Conditions of Use.
Unless required by Judicial Authority and/or Legal Authorities, JVF may not give up content posted by the User without the permission of the latter, with the exclusion of JVF services.
Other JVF Users may freely distribute and share content published by the User outside of JVF (ex. Through social media), and such distribution and/or circulation does not determine any responsibility on the part of JVF.
In no case is the Supplier, its affiliates, agents, directors, employees, suppliers or licensors held liable for any indirect, direct, incidental, special or consequential damages, including, but not limited to, any damages of loss of profits, data, means or other material losses of equipment and intangible assets, arising from use of, or by the failure of service functionality.
The Supplier accepts no responsibility for:
• errors or incorrect information of the content;
• personal injury or damage to property, of any nature, arising from accessing or use of the services by the User;
• unauthorized access or improper usage of our protected servers and/or any personal information archived therein;
• termination or interruption of the transmission of data to and from JVF;
• bugs, viruses, Trojan horses or other attacks that may be transmitted through our service by third parties;
• any errors or omissions in the content, or for any loss or damage caused by use of any content posted, sent via email, transmitted or otherwise made available by JVF;
• defamatory, offensive or illegal content of third parties.
In spite of the above expressed information, in this document or elsewhere, the liability of the Supplier for any damages arising from or relating to these Terms and Conditions of Use of the services (for any reason and regardless of its form) is limited to a maximum of € 100, or the total of the fees paid by the user to JVF during the six (6) months prior to the complaint.
The User is forbidden from:
• Publishing personal information of other Users or third parties without their expressed authorization.
• Publishing content that is threatening, offensive, violent towards others, including content that portrays or encourages violence towards people or animals.
• Publishing hate-inciting content, including denigrating comments regarding race, sexual orientation, religious beliefs, political opinions, age or any other thing, either personal or general.
• Publishing content inciting self-injury. Not encourage others to harm themselves.
• Transmitting spam.
• Utilizing false tags or misleading links, or attempting to deceive others with the content published.
• Using JFV for pyramid marketing schemes.
• Using automated systems to operate and/or publish an account profile. JVF is a social network designed to put real people in contact, and therefore, it is against the rules to use a computer or other automated system.
• Violating the copyrights of other people, organizations or companies.
• Publishing content that belongs to third parties without their consent.
• Publishing content that violates national or international laws, ordinances or rules.
• Registering a user-name without the intention of using it. Long-term inactive accounts will be eliminated and the user-name made available to other Users.
• Non vendere il proprio nome utente. Selling user-names
• Creating false identities.
• Publishing materials inappropriate for minors.
• Using JVF to violate the privacy of others.
• Molesting other Users or interfering with their use of JVF.
• Eluding or compromising security of the Supplier, the site and services, or accessing private areas of the site.
• Using, uploading or distributing viruses or malware against or through JVF.
In the cases where the above listed rules have not been respected, the Supplier may contact the User and request an immediate resolution of the problem.
In cases of non-compliance, the User’s account may be suspended or canceled and the user-name confiscated, and the IP address may be blocked in a permanent way. We reserve the right to apply or not apply these rules in any way that we deem necessary, and at our discretion.
The rules and policies of JVF do not create a duty or contractual obligation for us to act in a particular way and we reserve the right to change these rules at any time.
The service and content of JVF are supplied “as is”, their use is at the risk and danger of the User. In the measure consented by law, the Services are supplied without guarantee of any type, explicit or implicit.
The Supplier, its licensors or partners do not guarantee that the services or content:
• are precise, trustworthy or correct;
• fulfill the requirements;
• are available at any time or in any place of use;
• are uninterrupted or secure;
• are without defect or error;
• are free of viruses or damaging components;
These limitations are valid unless otherwise provided by law.
The User declares to be aware that the Supplier is not responsible for disputes derived:
• from the interaction of other Users or members of JVF, whether this interaction happens through the JVF service or in the real world;
• from acts or omissions by the User or by other Users and members of JVF.
If the User is a resident of California, art. 1542 of the California Civil Code, according to which: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10.Connections to links and third party sites
The JVF services may contain links to sites or resources of third parties. The User acknowledges and agrees that the Supplier is not responsible for:
• the availability or accuracy of such sites or resources;
• the content, products or services presented by or available through such sites or resources.
Connections to such sites or resources does not imply any approval on the part of the Supplier of such sites or resources, or of content, products or services available on such sites or resources. The User recognizes the exclusive responsibility, and assumes all risks derived from the use of such sites or resources.
11.Intellectual property rights and restrictions for the User
The User recognizes that JVF is a registered brand and is the property of the Supplier, and also recognizes that the Supplier is owner of all intellectual property rights connected with the brand, to the services, to the site and to the applications. The User may not re-use, distribute, copy or duplicate any part, including programming code, logos or graphic design elements without prior explicit written authorization from the Supplier.
The User does not have:
– license to sell, rent, let, transfer, release, distribute incorporate or use commercially in any way, the JVF services, in part or in entirety, or any content present on JVF;
– the right to modify, create derivations, disassemble or decodify any part of JVF;
– the right to use the Services to construct a competing similar website, application or service.
Except as expressly stated herein, no part of JVF may be copied, reproduced, distributed, republished, downloaded, displayed, sent or transmitted in any form or by any means.
JVF may offer some pay services or functions. The prices are expressed in Euro.
Taxes and other obligations derived from the purchase of such services/functions are the responsibility of the buyer, and are not reimbursable. The purchase of a service/function does not entail ownership of the same, but only the right of use or access to such service/function. The Supplier may apply tariffs on its services at any time and at its discretion.
The Supplier undertakes, to the extent possible, to protect its databank, website and applications from computer attacks that violate their security or compromise their functionality. Should any of these situations arise, the Supplier undertakes to restore their proper operation as soon as possible.
The User has the right to withdraw from the contract at any time, without prior notice, canceling the account profile.
At the moment of the cancellation of the profile, all data and information provided by the User will be eliminated, except where such information has been shared with other Users, or has been copied, saved, or retained by other Users. In that case, information provided becomes uncancelable.
The Supplier may use a termination clause, pursuant to art. 1456 c.c., in the case of violation, on the part of the User, of the obligations referred to in clauses n. 4, 6, 7 and 11. The resolution will take immediate effect.
These Terms and Conditions of Use constitute the entire agreement between the User and the Supplier with regard to JVF services. The inability of the Supplier to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision.
The rights and obligations of the User expressed in this document may not be released to third parties without a consent agreement written by JVF.
The Supplier can divest these Terms at any time, without restrictions.
If the User feels that the Supplier has not adhered to these terms, he may contact the Supplier, via e-mail to address [email protected], who will do everything in his power to resolve the reported problem.
If the User feels that the claim is being handled in an incomplete manner, he is invited to notify the Supplier in order to implement further measures.
19.Applicable law and jurisdiction
These Terms and Conditions of Use are governed by the law of Italy, without giving rise to any conflict of laws that may require the application of the law of another jurisdiction.
For any dispute, Vicenza has exclusive jurisdiction.
Copyright and Brand Information
Copyright © 2015 JVF S.r.l. All rights reserved. All brands, logos and service marks displayed on the site are our property, or the property of third parties, and may not be used by others.