Terms of Service Subscription Agreement and Terms of Service of the “ottodue.com” web portal. “ottodue.com” is a brand of Adv Crea srl, with registered office in Mercato S. Severino (Salerno), Via Marcello 24d VAT 04735320659. All rights reserved. 1. Subject The Terms and conditions below apply to the use of the cataloging, storage and distribution services of files provided by "ottodue.com” web portal. Please read carefully this Agreement, whose terms of conditions apply to the Service above including the use of basic software and other technologies that make possible the Service. The conditions apply to any update, supplement, amendments and support services, unless you add further terms to these elements. By using the Service, you confirm the acceptance of these conditions. 2. Terms of Use This Agreement governs the access to the “ottodue.com” web portal and the use of all the services provided by the same portal, consisting in the use of databases, data, compiling of data or documents. The access to and use of the Site and Service presuppose the legal age and the ability to act by the user, who, by clicking on “Agree” button in the section of the online registration and / or order process, agrees to be bound by the terms of this agreement at any time. If you do not agree to the terms and conditions of this Agreement, you should not access to the Website or use of the Service. These terms and conditions are made public and can be verified at any time on this page, reserving, in any case, the user’s obligation to keep them, pursuant to and in accordance with the Legislative Decree n.206/2005. If the user is a legal person, these terms and conditions shall also apply to his / her employees, agents, representatives, collaborators in general, who use the services of the “ottodue.com” portal, even occasionally. 3. License and Service Under the terms and conditions of this Agreement, “ottodue.com” grants to the user a nonexclusive, nontransferable, personal, limited and revocable license to access to and use the Service and for no other purpose, upon payment of the price indicated on “ottodue.com” website. The user acknowledges that the use of the services offered by “ottodue.com” is subject to the previous signing of a prepaid subscription, with the exception of the use of the services and functions concerning the account “User Trial”, which do not entail the payment of any cost by the user. The User also acknowledges that he or she has read, understood and agreed the terms and conditions of the Agreement and that he or she is the only responsible to make all the users of the brand respect the terms and conditions of the brand usage Code. All rights not expressively granted herein are expressly reserved to “ottodue.com”. No trade name, no right, title or interest in the website, in the service or in the brand, service brand, domain name is granted under this Agreement. 4. Registration / Subscription To access to and use the Service you need to create an account through our registration process, by providing a single username, a single password, an univocal company name (URL suffix), where brand’s elements will be kept , a valid email address and further information (known as “Registration Information”). This is whether you choose to become a “User Trial” or to use the service with fee (“Registered User”). You need to choose a host name in accordance with the naming conventions below as amended from time to time. The host name selected by the user must: a. be available when he / she registers to “ottodue.com”; b. comply with “ottodue.com” directives and not violate the intellectual property rights of another user and / or company; c. reflect the brand or company’s name whose the user is the legal owner (e.g.: ottodue.com/company name; ottodue.com/brand company). If the host name selected violates the intellectual property rights of another person, “ottodue.com” refuses all responsibility from now on and reserves the right to take all appropriate actions to this end, by asking again to the user (if necessary ) for selecting a new host name. All decisions taken by “ottodue.com” about must be accepted by the user who shall take the full responsibility, giving up any form of petition and / or complaint. At the time of registration to become a “User Trial” or a “Registered User”, the user takes any full responsibility in case of ascertained violations and undertakes: - to provide a strictly personal username and not attributable, directly or indirectly, to another individual or entity; - to provide true, accurate and complete information; -to keep registration information constantly updated and communicate immediately to “ottodue.com” any change; - to keep the password properly under his / her own responsibility; - to take full responsibility for any misuse of his / her own account, even by unauthorized third parties; - not to subscribe to more than one free trial account; - not to create accounts by automated means expressly prohibited; - not to use an account, the Website or the Service for any other purpose than that it was created for and intended to be used, for unlawful purposes or for any commercial purpose, except for what expressly provided under this Agreement; - not to upload and / or transfer offensive, pornographic, distasteful, illegal to some extent or unauthorized content (content for which he / she is not the original author, or for which he / she has not a complete and correct authorization to use). The Use of the Service by the “User Trial” is limited as follows: - for a period of ten (10) days; -for 1 GB space; The Use of the Service by the “Registered Users” allows: - to use the service until the related subscription deadline, without prejudice to the right to renewal and / or extension; - to upload an unlimited number of files for up to 1 GB. 5. Prepaid Subscription Agreement (Registered User) The account activation as “Registered User” is subject to the concomitant registration in the specific section on the portal. For payment, the user must provide a credit card number (including any required validation or authentication code) for the exclusive purpose to provide for annual subscription fee payment specified in the online registration and in the order process. Payments are processed on a Paypal secure server and “ottodue.com” will not record any information related to the numbers of the credit card processed. The subscription will have annual period, having effect from the signing. In the days before the deadline of the subscription period (calendar year), the user will be notified of the possibility of renewal of the Agreement by an email sent to the address given during the registration. The User may terminate the Agreement at any time, not being able to claim, however, the refund of the license fee for the unused period by “ottodue.com”. The “Registered User” will receive regular invoice by downloading it from his / her control panel in the “Invoices”. The Agreement termination and / or non-renewal will entail the immediate deactivation and / or cancellation of the related account, making it impossible for the user to access to the data, collections, images, documents, etc. … uploaded on his / her own account. After the frustration of Agreement and / or account cancellation, “ottodue.com” will cancel all the material (data, images, video and files in general) present on the same portal, which, therefore, cannot be recovered by the user. Similarly, the voluntary removal of one or more files by the user on his / her own account entails their final loss, without any possibility to recover and / or restore them. At the natural subscription expiration, “ottodue.com” reserves the right to change the cost of the Service, and the User can in turn decide whether or not accept the price change made. 6. User duties, responsibilities and guarantees The User is required to observe an attitude marked by the utmost fairness, care and legality, assuming any responsibility in case of violations committed in the use of services provided by the “ottodue.com” portal. By way of example but not limitation, the user, by accepting this Agreement, undertakes: - not to use an account, the website or service for any purpose than other for which it was created and intended to be used, and, in any case, for unlawful purposes or for any commercial purpose, excepted as expressly provided in this Agreement; - not to upload and / or transfer offensive, pornographic, distasteful, illegal to some extent or unauthorized content (content for which he / she is not the original author, or for which he /she has not a complete and correct authorization to use it); - not to upload and / or transfer any kind of material that violates the third parties rights (e.g. intellectual and industrial property rights, any performers’ property rights, moral rights, publishing rights, or any other rights of any third party or that may constitute unfair competition); - not to upload and / or transfer material contrary to public policy that promotes and provides information about illegal activities, that would lead to illegal activities or may cause prejudice to third parties; - not to upload and / or transfer material of any kind that may be offensive in any way, including also through blasphemous contents and / or inciting violence or bullying, defamatory, insulting or fanaticism, bigotry, hate or irreverence expressions to the detriment of any group or individual; -not to instigate illegal and unauthorized copy of third parties’ copyrighted works; - not to upload and / or transfer, distribute and post any material which is unlawful personal data processing operation or violates export control laws; - not to damage, disable, overload the Portal Services; -not to transmit and / or post not original material and / or including information known to be false and / or misleading that may cause prejudice to third parties; - not to carry out any activity that has as its sole and main purpose to evade the previsions in these terms and conditions (for example, to develop pages with only links to sites with content not allowed by these Terms and Conditions, to manipulate contents of access or statistics of the most visited pages . The user will always be held liable for any violation committed in the use of this Service under this Agreement, by releasing from liability as of now the Adv Crea srl. from any judicial proceeding, indemnifying it from any loss, damage, liability, claim submitted by third parties because of the user’s behavior. To this end, the user is informed as of now and “ottodue.com reserves the right, at its incontestable discretion, to terminate and / or disable the relevant account, by deciding the deletion of files uploaded on it, if it comes to knowledge, in any way, of a violation of any of the terms and conditions above. The user takes cognizance also that “ottodue.com” reserves the right to forward the appropriate warning to the competent Authorities, by providing, upon latter’s request, the information in its possession that may allow the user identification if it comes to knowledge of alleged illegal activities committed by the same user through the use of his / her own account. 7. Service Availability “ottodue.com” will commit to ensuring that the user can access to the portal services without interruption, safely, on time and without errors. However, as it is a hosting service, its availability is subject to different variable factors in no way attributable to “ottodue.com” and which could delay and / or prevent in some way the use, that is they can entail imprecisions and / or errors in the data transmission, including, but not limited to, the users Internet connections, hardware and local conditions, as well as general Internet traffic loads. In this case, “ottodue.com” will not be liable of this to any title. Likewise, “ottodue.com” will be exempt from liability if the functionality of the service is prevented and / or obstructed by any force majeure event not attributable to it, including, but not limited to, the acts of the governmental authority, wars, riots, insurrections, hardware damage, damage or theft to our office or to the office of the partners who contribute with their services to provide the service “ottodue.com”. In the case of a service interruption for any reason, “ottodue.com” may extend free the Agreement deadline, at its incontestable discretion. “ottodue.com” also reserves to terminate the service delivery at any time and for any reason, upon notice by e-mail to the registered users at least thirty days before the termination and return the part due to the users for the days of nonuse of the service. However, in case of Service failure, the user can rely on technical support supplied by “ottodue.com”, by contacting the related support area. 8. Support Services The Support Service is supplied to the user by the e-mail assistenza@ottodue.com . “ottodue.com” undertakes to answer to all support request emails within two (2) working days from the receipt. “ottodue.com” with respect to its duty and / or obligation does not warrant repairing and restoring of all the inefficiencies, errors, bug, website malfunctions or problems allegedly associated with the service. “ottodue.com” will try to rectify the anomalies pointed out by a large representative sample of the users of the Service that can be remedied by economic means of reasonable entity. 9. Privacy “ottodue.com” respects the privacy of its users and customers. The user can display the Privacy Policy at http://www.ottodue.com/privacy. With the registration and access to or use of the website and service, you consent the transfer and treatment of your own personal data and you accept the use of the same data for the activities related to the use of the website and Service. 10. Amendments “ottodue.com” reserves the right to amend the terms and conditions of this Agreement, without any notice. The User is responsible for going back over the terms and conditions of this Agreement each time he accesses to the service. A continued use of the Service constitutes the acceptance of the current terms and conditions. 11. Privacy At the end of the registration process, the user will get the assignment of an account and a confidential password, which he is the solely responsible for, even with respect to activities performed through their use. For this reason, therefore, the user undertakes to keep such data and not to allow any other person without adequate preventive authorization to use them to access to the service. The user also undertakes to notify “ottodue.com” immediately of any suspected disclosure of his / her own personal password to unauthorized person and/ or any its unauthorized use. All transactions carried out through the account and the password used by the user will be imputed to him /her, without any exception. 12. Third party websites, content and links. The website may contain links to other websites (“Third Party Sites”) and content or material from third parties (“Third Party Content”). These links (“Third Party Links”) are provided for our users and customers’ convenience and do not imply any approval, consent, sponsorship or affiliation. The use of Third Party Links, Third Party Site or Third Party Content is entirely at your own risk and “ottodue.com” will be never held responsible for or the such websites content nor least of all of any offense suffered by the user after the connection and / or use of Third Party websites. 13. Restrictions The user undertakes, directly or indirectly, not to redistribute, encumber, sell, rent, lease, lend, sublease, grant its license or otherwise not to transfer the service or the right to access to and use the service to third parties without the express written consent of “ottodue.com”. The user also undertakes not to alter, modify, decompile, disassemble, and create works derived from the Site or Service, including customization, translation or localization or not to try to extract the source code for the site or service and not to use, in any case, the Service for illegal purpose. 14. Copyright Copyright law protects the Website and Service and its databases and aggregate data collection, all their copies and associated brands. The user undertakes no to copy, reproduce, publicly distribute, transmit or reproduce the Website or Service or substantially all the any database content, without the express written consent of “ottodue.com”. 15. Property This Agreement does not attribute to “ottodue.com” any right about the files uploaded by the user, except those required to run the Service. The User acknowledges and agrees that Adv Crea srl. is and remains the only owner of all rights, titles and interests related to the Site and Service, of all data created and / or collected through the use of the Site and Service, of all their derivatives and all intellectual property rights related or pertaining to the site above, including, but not limited to, all copyrights and inventions (whether patentable or not), although it is necessary to provide the data, suggestions, ideas, concepts, inventions, works of authorship, improvements or other intellectual property rights as a result of the use of the Site and / or Service. The user also agrees not to make any claim and waives expressly any right to any suggestion or recommendation about the use, modification or improvement of the Site and / or Service. 16. Warranty Exclusions Services are provided “as is” for the fullest extent permitted by law , except as provided in this Agreement, and, for the purpose of giving effect to it, “ottodue.com” does not recognize warranty of any kind, including, by way of example, that of merchantability, suitability to a particular purpose or quality of services. In any case the use of the Website and / or service and its content, data, information and documentation are at sole user own risk. 17. Limitation of liability User agrees that, except as required by law, Adv Crea srl., its officials, executives, employees, agents, representatives, successors, assignees or any other party involved in creating, producing or delivering the service and / or its contents will not be held liable for damages of any kind or nature arising from individual and /or entity, even if related to the loss of profits, data and things related to this Agreement and arising from the use or the impossibility to use the service, from an unauthorized access or alteration of transmissions or data of the user, from statements and behaviors of any third party. 18. Indemnity Clause The User agrees to indemnify and hold harmless Adv Crea srl., its officials, executives, employees, representatives, successors and assignees from and against any claim, action, demand, even compensatory, including reasonable attorney’s fees arising from the use of the Service or rather from violation of this Agreement including the upload and / or transfer of prohibited content through the Service, also in violation of copyright law or of third parties’ rights. 19. Termination Clause Any verified violation of this Agreement or current regulations may determine, pursuant and by the effect of art. 1456 c.c., the immediate termination of this Agreement, notified by email sent to the User, and its results in interruption of service, except the right of “ottodue.com” to claim damages. 20. Communication Any communication between the parties must be in writing and may be sent either by e-mail or by ordinary mail. “ottodue.com” may communicate the amendments to these terms and conditions or others matters relating to the service through its own portal. 21. Applicable Law and Jurisdiction The Italian law governs this Agreement and all the relationship between “ottodue.com” and the user. Any dispute concerning, arising from or relating to this Agreement or to the use of the service will referred to the jurisdiction of the Court of Salerno. 22. Acceptance of the Terms of Service The user declares, pursuant to and by effect of art. 1342, paragraph 2, c. c., to approve specifically the conditions defined above.