GENERAL TERMS AND CONDITIONS FOR THE USE OF THE A.S. ROMA WEBSITE
Please read the following terms and conditions carefully before using this website. Browsing and using the website accessible at URL www.asroma.com (hereinafter referred to as the “Site”) denote the full acceptance of these general terms and conditions of use of the Site and other special conditions and legal notices published in the designated pages and sections of the Site (hereinafter collectively referred to as the “General Terms”) relating to the fruition of individual services and/or content and/or material of any type (hereinafter referred to as the “Content”).
The obligations and guarantees hereunder specified are accepted by the user both independently and on behalf of any third party linked to them and authorized by them to use the Site.
© A.S. Roma S.p.A. 2015. All rights reserved.
The use and/or browsing of the Site shall be taken as acceptance – without limitations or reservations – of these General Terms.
Access to certain Content on the Site may result in user acceptance of additional terms and conditions of use and, in some cases, these may replace, supplement and/or modify the General Terms. In such cases, the relevant terms and conditions of use will be made clear on the Site and will be freely accessible by the user.
2. GENERAL MANDATORY INFORMATION
The following general mandatory information is stated below in accordance with Article 7 of Legislative Decree No. 70 of 9 April 2003 and Article 2250 of the Civil Code.
The Site is owned by the company: A.S. Roma S.p.A. with registered offices in Via di Trigoria Km 3,600, Rome, 00128. VAT number: 01180281006. Fully Paid-up Share Capital: € 123,432,269.87
The quickest ways to contact and communicate directly and efficiently with A.S. Roma S.p.A are: Tel. +39.06.65.009.005, Fax. +39.06.65.009.057 and Email: firstname.lastname@example.org
3. REGISTRATION AND USE OF CONTENT AND INFORMATION.
GUARANTEES AND USER RESPONSIBILITIES.
Users wishing to use any of the services offered on the Site should proceed to registration, i.e. provide personal information to A.S. Roma S.p.A. Anyone wishing to register is obliged to ensure that the personal data provided is truthful, correct and up-to-date, assuming all responsibility for the correctness and veracity of the information provided. In the event that the data provided by the user changes, it will be the user’s responsibility to inform A.S. Roma S.p.A. of these changes as soon as possible. If a user provides data from third parties during registration, that user guarantees that they have previously fulfilled all of the requirements of the current legislation on personal data with regard to the third parties in question, assuming responsibility for any subsequent disputes that third parties may bring against A.S. Roma S.p.A. regarding the use of their data.
The information and Content available on the Site are accessible free of charge, unless otherwise specified. The information and Content available on the Site are of a purely informative nature and, unless otherwise clearly specified (e.g. commercial offers, discounts, promotions, e-commerce etc.), do not – under Article 1336 of the Civil Code – constitute a contract proposal nor an offer to the public regarding the products and/or services described, nor can they be considered binding in any negotiations or commercial relationship.
Within the limits of the applicable norms, and unless otherwise specified on the basis of generally accepted business practices, users acknowledge that they use the Site at their own risk. The Site is provided on a "as is" and "as available" basis. A.S. Roma S.p.A. does not offer any guarantees as to the results expected, desired or obtained by users when using the Site.
In accordance with Article 1229 of the Civil Code, users guarantee to indemnify A.S. Roma S.pA., its representatives, employees, collaborators, associates and commercial partners against any claims for compensation, including legal costs, that may arise in relation to the use of the Site. Where the applicable legislation does not exempt A.S. Roma S.p.A from liability, such liability shall in any case be limited to the extent of the law.
The user agrees to use the Site and its Content in a diligent, correct and lawful manner and, in particular, the user commits to abstain from activities included in but not limited to the following list:
- any improper use of the Site that violates the law, the General Terms and any other information published on this Site, or any use that is morally or ethically wrong;
- any action that may affect the rights and interests of A.S. Roma S.p.A. and/or third parties, including rights pertaining to intellectual or industrial property, or any action that may damage, impair or impede the normal use of the Site and any IT resources, documents, files and content of any nature stored within it in any way;
- reproducing, copying, editing, distributing, disclosing or divulging any material and/or information contained on the Site to other sites or to the public in any other form, unless such action is expressly authorized by A.S. Roma S.p.A.
Except when stated otherwise on the Site, the user agrees that any information or material they supply to A.S. Roma S.p.A. by email or any other means of communication will not be considered confidential. By providing any such information or material to A.S. Roma S.p.A., the user fully assigns and cedes all intellectual property rights pertaining to such information and material to A.S. Roma S.p.A., free of charge (except where prior existing exclusive rights agreements are binding, or where the norms on the protection of “know-how” contained in Legislative Decree 30/2005 are applied, or where general norms regarding the protection of industrial or business secrets are applied); within the limits provided for, A.S. Roma S.p.A. shall therefore be free to use, reproduce, transmit, distribute, modify, assign, and license such information and material. Subject to the limitations described above, A.S. Roma S.p.A. will be free to use any ideas, concepts, know-how or techniques contained in such information and material for any purpose, including the development, manufacture and marketing of products using such information and material.
The user agrees not to use the Content or any other service or function of the Site to:
- upload, publish, send or otherwise transmit or spread any content that is unlawful, harmful, threatening, abusive, harassing, defamatory and/or slanderous, vulgar, obscene, damaging to the privacy of others, racist, classist or otherwise objectionable;
- cause harm to third parties, including minors, in any way;
- fake their own identity by impersonating, for example, a representative of A.S. Roma S.p.A., or otherwise lie about their relationship with other parties;
- create letterheads or otherwise manipulate distinguishing features or references in order to falsify the origin of content transmitted or spread via any means, including any functions contained on the Site;
- upload, post, privately send or otherwise transmit or distribute any content that may not be transmitted or distributed under a provision of law, a contract or a relationship of trust (e.g. insider information and confidential information acquired by virtue of an employment relationship or protected by a confidentiality agreement);
- upload, post, privately send or otherwise transmit or distribute any content that violates any patent, trademark, trade secret, copyright or other industrial and/or intellectual property rights of third parties;
- upload, post, privately send or otherwise transmit or distribute any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized or unsolicited materials;
- upload, post, send or otherwise transmit or distribute any material that contains viruses or other codes or that contains files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment belonging to third parties;
- disrupt the normal flow of communication, or otherwise act in a manner that negatively affects the ability of other users to browse the Site;
- interfere with or disrupt the Content and/or the servers linked to the Content;
- violate, intentionally or unintentionally, any applicable laws or regulations;
- stalk or otherwise harass third parties; collect or store personal data belonging to other users.
The other obligations and guarantees undertaken by users and set out under Point 6. Intellectual and Industrial Property remain valid.
4. LIABILITY AND GUARANTEE
A.S. Roma S.p.A. declines all responsibility for any claims made by users regarding their inability to use the Site and/or its Content for any reason. A.S. Roma S.p.A. cannot be held to be in non-fulfillment, nor liable for damages, claims or direct or indirect losses incurred by users due to the failure and/or malfunction of electronic equipment belonging to the users themselves or third parties, including Internet Service Providers, telephone and/or computer connections not directly managed by A.S. Roma S.p.A. or by parties to whom A.S. Roma S.p.A. is bound to respond, nor for the actions of other users or other persons with access to the network.
A.S. Roma S.p.A. reserves the right to disconnect the Content (or any part thereof) at any time, temporarily or permanently. The user acknowledges that A.S. Roma S.p.A. shall in no way be liable toward users or third parties for the suspension or interruption of its Content.
Any information (text- or graphic-based) in relation to the goods and/or services offered on the Site but deriving directly from suppliers of A.S. Roma S.p.A. shall not incur any liability for A.S. Roma S.p.A., with the individual providers assuming exclusive responsibility for any information, specifications and descriptions on the Site. Consequently, A.S. Roma S.p.A. assumes no responsibility for inaccuracies, graphical errors or explicit or implicit guarantees given on the information, the Content and software or the marketability and suitability of the information, goods and services communicated or offered by suppliers on the Site for a particular purpose. However, A.S. Roma S.p.A. states that, upon request and within the limits of the law, it will provide the names, addresses and any other data necessary to identify the supplier and/or producer of goods and services offered.
A.S. Roma S.p.A. also declines any liability for information (text- or graphic-based), documents or materials inserted on the Site by users while using a particular piece of Content.
In any case, it is expressly understood that, at the request of the competent authorities, A.S. Roma S.p.A. will act immediately to remove such contents as quickly as possible within the timescales necessary for the technicalities of such an operation and will revoke the authorization of the user responsible to access the Site. A.S. Roma S.p.A. reserves the right to take appropriate action against users who do not act in full compliance, particularly in regard to the provisions set out in this paragraph.
The other obligations and guarantees undertaken by users are set out under Point 6. Intellectual and Industrial Property remain valid.
5. LINKS TO OR FROM OTHER RESOURCES ON THE INTERNET (LINKING)
The Site includes links to other websites and internet resources. The user acknowledges and agrees that A.S. Roma S.p.A. is in no way liable or responsible for the functioning of such external sites or resources, nor for the content contained within them.
Hyperlinks or links of any other nature based on any form of technology and contained on the Site cannot be created without the prior written consent of A.S. Roma S.p.A.. In any case, the creation of such links, even where authorized, shall not result in A.S. Roma S.p.A. becoming liable for them. A.S. Roma S.p.A. reserves the right to request the removal of such links at any time.
A.S. Roma S.p.A. is not required to review, and does not control, the content of the aforementioned sites and accepts no responsibility for the content and/or material – including advertising – on such sites or external resources, or for any products or services offered therein. Except where otherwise stated, such products or services can in no way be considered sponsored, shared or supported by A.S. Roma S.p.A., and therefore the user assumes all responsibility for the use and purchase of such services or products.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site and all its Content are the sole, exclusive property of A.S. Roma S.p.A. and/or of its licensors or licensees and/or of third parties where indicated. The Site and all its Content are protected by national and international laws on the protection of Intellectual and /or Industrial Property rights.
With the term "Site", for the purposes of applying the provisions set out in this paragraph, A.S. Roma S.p.A. intends to refer to any content and IT-based technical element of the Site, including – by way of example but not limited to – the software that allows the Site to be operative and related codes, electronic databases, texts, photographs, press round-ups, animations, audio and video files regardless of format, the reproduction of trademarks, logos, trade names of products and/or services, etc., technical solutions adopted, graphics, structure and any other part of the Site already created or to be created in the future.
With the term "Intellectual and Industrial Property Rights", used in relation to the Site, A.S. Roma S.p.A. intends to refer to all rights recognized and protected by applicable national and international laws, including – by way of example but not limited to, with respect to all countries of the world and without any limitations – any claims arising from patents (including the right to deposit the patent request), present or future copyrights, company and/or service trademarks (whether registered by or merely used by A.S. Roma S.p.A.), distinguishing features, brands, commercial trade names, companies, logos, know-how, domain names, databases and all relative applications.
With the term "Material", A.S. Roma S.p.A. intends to refer to all of the Content on the Site and other content represented by – by way of example but not limited to – texts, images, graphics, files, software of all kinds, audio, video, virtual animation, multimedia and/or hyperlinks, regardless of their format, the media they contain, extension (by way of example but not limited to: mp3, wav, jpg, mpeg, gif, doc, etc.), size, version used and techniques used to distribute and/or transmit these.
Except where indicated otherwise, all Material on the Site is the subject of the Intellectual and Industrial Property Rights of A.S. Roma S.p.A.
Neither the name A.S. Roma S.p.A, nor any of its variants, nor any Material may be used as internet addresses and/or domain names for other websites, or as parts of such addresses or domain names, without prior written consent from A.S. Roma S.p.A.
Material published on the Site may be used under the following conditions:
- use of the Material must be approved in advance by A.S. Roma S.p.A. Written request for authorization must be sent to A.S. Roma S.p.A. using the contact details set out above under Point 2;
- the Material must remain in its original format and, if reproduced, must always include either indications that it is the property of A.S. Roma S.p.A. and/or any third party, or indications relating to copyright or to the authors of the Material;
- Material can only be used for non-profit purposes;
- the source, author and/or holder of the rights to the Material, plus the web address from which the Material is taken, must be credited;
In any case, the use – in any way and for any reason – of Material of a legal nature (e.g. advisory notices regarding the protection of personal data, contractual terms, disclaimers etc.) is prohibited. Any violation of this will be prosecuted according to law;
The reproduction and use of articles and informative materials contained in specific sections of the Site must comply with the provisions set out in Articles 65 and 101 of Law No. 633 from 22 April 1941 and subsequent amendments and additions thereto, which establish: (Article. 65) “articles of current economic, political or religious nature, published in magazines or in newspapers or otherwise broadcast or made available to the public, and other materials of the same nature, may be freely reproduced or communicated to the public in other magazines or newspapers, or via radio and television, provided that the reproduction or use of these articles and materials is not expressly reserved, and provided that the source from which they are taken, the date they were published and the name of the author, if cited, are indicated”; (Article 101) “the reproduction of information and news is lawful provided that it is not done in such a way that contravenes the honest practice of journalism and provided the source is cited. “
All rights to the electronic databases available and free to consult on the Site are reserved by A.S. Roma S.p.A., which permits only the mere consultation of such electronic databases. Unless otherwise stated, the extraction, reproduction and any other use of these electronic databases is prohibited within the limits provided by Article 64 Paragraph 5 and Article 64 Paragraph 6 of Law No. 633 from 22 April 1941 and subsequent amendments and additions thereto. On this point, you are reminded that under Article 102 Paragraph 3 of the aforementioned Law, the legitimate user of the electronic database available to the general public may not cause prejudice to the holder of copyright or of another associated right in connection to other works or subject matter contained in that database. Furthermore, the legitimate user of a database which is made available to the public in any way may not take action which impairs the normal running of that database or which may cause unreasonable prejudice to the creator of the database.
For any questions concerning the use of the Material and Content available on the Site and/or questions concerning Intellectual and Industrial Property Rights, please contact A.S. Roma S.p.A. at the following email address: email@example.com.
All Material published on the Site has been closely examined and analyzed and created with the utmost care. Nonetheless, errors, inaccuracies and omissions may occur. A.S. Roma S.p.A. cannot be held responsible – with reference to Material freely available on the site – for errors and omissions, nor for any assurances you draw from the Material.
Unless otherwise stated, the information contained in the Material is for informative purposes only. It is not of an exhaustive nature, nor can it be taken as an expression of opinion or as an indication or presumption given in order to make decisions. A.S. Roma S.p.A. cannot be held liable for any action or omission carried out by users following the use of the information contained in the Material without the users having formerly requested a specific explanation or opinion on the issue from A.S. Roma S.p.A.
7. PROCESSING OF PERSONAL DATA.
8. MODIFICATIONS, APPLICABLE LAWS AND JURISDICTION
A.S. Roma S.p.A. reserves the right to make changes to the Site, the General Terms and other legal notices published anywhere on the Site, at any time. For reference purposes, the user must always refer the text of the General Terms and of other legal notices published and consider these to be the most up-to-date versions.
Changes will become operative as soon as they are published on the Site. The continued use of the Site by the user after a change has been implemented will be considered as that user’s acceptance of the change.
All users can visit the Site at any time to check the latest version of the terms and conditions of use of the Site, which are updated by A.S. Roma S.p.A. on a periodic basis.
The General Terms, other legal notices published on the Site and the relationship between A.S. Roma S.p.A. and users of the site have been set out in accordance with, and are governed by, Italian law. All disputes between A.S. Roma S.p.A. and users connected or somehow related to the use of the Site and/or its Content fall under Italian jurisdiction and the exclusive regional jurisdiction of the Court of Florence, within the limits provided for by the applicable laws.
Where some provisions set out in the General Terms and/or other legal notices published on the Site are deemed invalid or inapplicable, these will still be interpreted in such a way as to reflect the common intentions of A.S. Roma S.p.A. and the users, in accordance with the remaining provisions set out in the General Terms and/or other legal notices published on the Site.
A.S. Roma S.p.A.’s failure to exercise the rights and provisions provided for in the General Terms and/or other legal notices published on the Site does not constitute a waiver of such rights and provisions, unless this is expressly declared in writing by A.S. Roma S.p.A.
A.S. Roma S.p.A. is happy to receive information or suggestions from the public regarding the Site and/or its Content. Users can contact A.S. Roma S.p.A. at the following email address: firstname.lastname@example.org or at the postal address indicated earlier in this document.
Any suggestions or information obtained by A.S. Roma S.p.A. in this manner will be treated as non-confidential information and may be used without limitations. The user will be held responsible if the information provided to A.S. Roma S.p.A. violates the rights of third parties.
© A.S. Roma S.p.A. 2015. All rights reserved.