GENERAL CONDITIONS OF USE OF THE MOBILE APPLICATION “AVAELABLE”
AVAILABLE S.r.l., (C. f. e P. IVA: 02813650351) (hereina:er also only “AVAILABLE”), in the person of
its legal representaFve pro tempore, with registered office in Albinea (RE), via C, COSMI 4, invites the
subject – who can hold the status of “consumer” pursuant to ArFcle 3 paragraph 1 leVer a) of
LegislaFve Decree no. 206 of 6.9.2005 (“the person f isica that acts for purposes unrelated to the
entrepreneurial, commercial, cra3 or professional ac4vity that may be carried out”) or may hold the
status of “professional” pursuant to art. 3 paragraph 1 leVer c) of LegislaFve Decree no. 206 of
6.9.2005 (“the natural or legal person ac4ng in the exercise of his entrepreneurial, commercial, cra3
or professional ac4vity, or an intermediary of his”) – to take careful and complete vision, at a Fme
prior to his registraFon within the mobile applicaFon called “AVAELABLE” (from now on also only
“App “) of exclusive property of AVAILABLE, of these General CondiFons of Use (hereina:er only
“GTU”) of the App, which regulate, in full, the use of any funcFonality and service made available
within the App.
AVAILABLE specifies that these GCU have been drawn up according to the requirements and criteria
provided for by art. 5 paragraph 3 and art. 9 of LegislaFve Decree no. 206 of 6.9.2005.
AVAILABLE has the main purpose of pu_ng users in contact with each other, in order to promote
and facilitate, in parFcular, economic opportuniFes (and not only) of the same users according to the
methods illustrated in the following art. 7, as well as create special communiFes and / or exchange
ideas.
1. Any changes to these GTCU.
1.1. AVAILABLE reserves the right to modify these GCU at any Fme and, therefore, any changes or
addiFons to these GCU will come into force from the moment of their publicaFon within the
App. Consequently, the registered user (whatever the category of belonging illustrated in the
following art. 2) is required to consult, in a constant manner, the most up-to-date version of
these GTCU.
1.2. In the event that any clause or arFcle of these GCS is declared void, invalid or for any reason
unenforceable, such event will not affect the validity and effecFveness of the other residual
clauses or arFcles of these GCU or of the updated or amended or supplemented version of the
same.
1.3. In the event that the registered user (whatever the category of belonging illustrated in the
following arFcle 2) does not intend to accept any updates and / or amendments and / or
addiFons to these GCU, he has the right to deacFvate, at any Fme and without any charge at
his expense, his personal account created within the App.
2. RegistraEon of the user within the App.
2.1. The registraFon of the user within the App can take place by creaFng a personal account or by
logging in through his account connected to the social network indicated in the App.
2.2. In order to create your personal account (and in the event that you do not decide to log in
through your account connected to the social network indicated in the App), the user is
required to duly and correctly fill in the appropriate form that appears on the home screen of
the App, which indicates the informaFon that must be provided: in this regard, AVAILABLE
specifies that the user has the right to customize the informaFon that may be viewed by other
users registered within the App.
2.3. The creaFon, by the user, of his personal account within the App allows him to take advantage
of all the services and all the features made available by the App itself, illustrated below by way
of example: a) the right to insert videos, photos, images, mulFmedia files also in CD mode. b)
the right to express their tastes and / or preferences in relaFon to the contents (both their own
and those of other users registered on the App) viewable within the App; c) the right to share
(also through the social networks indicated in the App) the contents of any nature and type
that can be viewed within the App; d) the right to exchange messages with other users
registered in the App; e) the right to obtain an economic remuneraFon through the
adverFsements present within the contents published in your personal account, according to
the terms, condiFons and methods beVer illustrated in the following art. 7.
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2.4. The creaFon of the personal account within the App can only be carried out by those subjects
who have completed, at the Fme of the registraFon procedure, the years 14. 3.5. AVAILABLE
recommends the user to keep and keep, with the utmost care and diligence, the credenFals
necessary to proceed with access to their personal account: in this regard, the user undertakes
to communicate, without delay, to AVAILABLE any informaFon about an improper use (even if
only potenFal) of their credenFals, by third parFes not expressly authorized.
2.5. The user expressly guarantees that the informaFon provided for the creaFon of his personal
account corresponds to the truth and, therefore, undertakes to fully indemnify AVAILABLE
from any type of liability deriving from the violaFon, by the user, of the registraFon procedure
within the App or deriving from the improper use of their c authenFcaFon by unauthorized
third parFes or, finally, deriving from the incorrect and unsuitable storage and custody of
access credenFals to your personal account. Furthermore, the user is required to use the App
in such a way as not to cause, directly or indirectly, any type of damage or malfuncFon of any
type and enFty, as well as in such a way as not to cause any disturbance and / or prejudice to
the App, to AVAILABLE, to any user registered in the App and, finally, to any third party.
2.6. AVAIABLE reserves the right to suspend (for a fixed or indefinite period) and / or to cancel, at
its sole discreFon and without having to provide any reason for it, the user’s personal account
that is responsible, directly and / or indirectly, for offenses or violaFons of the provisions of
these GCU.
3. Reviews, comments, communicaEons and other content published within the App.
3.1. The user is required not to publish, within the App, videos, photos, images, mulFmedia files
even in CD mode. direct, comments, reviews, communicaFons or any other type of content of
an illicit, obscene, abusive, defamatory nature towards AVAILABLE, users or any third party or
bearing viruses or similar elements within them, as well as the user is required not to publish
any type of content that may result in a violaFon of these GCU, a violaFon of (Community
and/or naFonal) legislaFon on the protecFon of personal data, a violaFon of intellectual
property and copyright rules, as well as a violaFon of any other legislaFon (naFonal,
COMMUNITY or internaFonal) not expressly indicated above.
3.2. The user is not required to use false data or linked, directly or indirectly, to third parFes from
whom he has not obtained the necessary and prevenFve authorizaFon.
3.3. AVAILABLE reserves, at any Fme, the right to suspend (for a fixed term or indefinitely) or to
cancel, at its sole discreFon and without having to provide any reason in this regard, the user’s
personal account that is responsible, directly or indirectly, for violaFons of the provisions of
the previous arFcles. 4.1. and 4.2. or as prescribed by any other provision contained and
regulated in the present GCU. Furthermore, AVAILABLE reserves, at any Fme, the right to
evaluate, approve, delete or prevent the publicaFon of videos, photos, images, mulFmedia
files even in CD mode. direct, comments, reviews, communicaFons or any other type of
content where, at its sole discreFon, it is considered detrimental to the rights and / or
prerogaFves of any nature or enFty belonging to AVAILABLE, to one or more users or to third
parFes. To this end, the user declares to indemnify and hold harmless – in an integral,
absolute, express way, for any reason and for any reason – AVAILABLE and / or the companies
directly and / or indirectly connected to it and / or the companies in which AVAILABLE holds a
corporate parFcipaFon of any nature and enFty from any claim and / or request made by third
parFes deriving from the behavior (direct or indirect, malicious or culpable) put in place by the
user within the App.
4. Responsibility of AVAILABLE.
4.1. AVAILABLE exclusively and expressly holds the status of owner and manager of the App: in this
regard, AVAILABLE cannot be held responsible, in any way and for any reason, for the accuracy
and truthfulness of the user’s idenFty as well as for informaFon, videos, photos, images,
mulFmedia files also in so-called direct mode, comments, reviews, communicaFons or any
other type of content that the user publishes –
4.2. for any reason, directly or indirectly, voluntarily or involuntarily – within the App.
4.3. AVAILABLE undertakes – as far as possible, within the limits of its capabiliFes and with the
excepFon of events directly and / or indirectly related and aVributable to the so-called internet
– to ensure that access to the App is provided without any interrupFon and that transmissions
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take place without errors. In this regard, AVAILABLE also communicates that access to the App
may, occasionally, be suspended and / or limited in order to allow the execuFon of the
necessary and essenFal repair, maintenance or introducFon of new services, features and / or
acFviFes in the App itself.
4.4. AVAILABLE cannot be held responsible either by the user or by any third party – for any reason,
nature and reason – for any loss of any nature (including the so-called indirect one) or enFFes
that are the consequence of the violaFon, for any reason, by the user or by any third party, of
these GCU and / or of any naFonal / community / internaFonal legislaFon, as well as
AVAILABLE can not be held responsible, neither by the user nor by any third party, for any type
and nature of delay or non-fulfillment of the obligaFons and provisions contained and
regulated in these GCU that derive from unforeseeable circumstances and / or force majeure.
4.5. AVAILABLE expressly declares that it does not guarantee the user the burden of storing,
storing, managing or providing the user with a copy of the contents and / or informaFon
entered and / or published within the App, except to the extent prescribed by current
legislaFon on the subject.
4.6. AVAILABLE expressly declares not to recognize any guarantee (express or implied) regarding
the use and operaFon of the App; therefore, the user acknowledges and accepts that he
proceeds to use the App at his own risk, as well as acknowledges and accepts that he is solely
responsible for any and all damage caused to his device.
5. Copyright and intellectual property rights.
5.1. In compliance with Law no. 633 of 22.4.1941 (in parFcular, in accordance with ArFcles 107,
108 and 110 of the aforemenFoned Law), the user expressly declares to alienate – in an
absolute, integral way (and, therefore, without any type of limitaFon), free of charge, and in all
the methods and forms permiVed by the applicable and current law on the subject – to
AVAILABLE any right of so-called economic use (eg .: reproducFon, transcripFon, performance,
representaFon, acFng, communicaFon, distribuFon, etc.), in any original or derivaFve form
and manner, relaFng to any content consisFng, directly or indirectly, of a work of a creaFve
nature (whatever the way or form of expression) belonging, by way of example and not
exhausFvely usFvo, music, figuraFve arts or photography (including: videos, photos, images,
mulFmedia files also in direct cd. mode, comments, reviews, communicaFons etc.) present,
made available, published (directly and / or indirectly) in any way and / or term by the user
within the App.
5.2. It is absolutely forbidden, by the user or by any third party, to reproduce, duplicate, copy, sell,
resell, visit or in any other way to use, for any use, any type of content present or made
available within the App, without the prior and express consent of AVAILABLE.
5.3. It is absolutely forbidden, by the user, to extract and / or reuse, in a systemaFc way, parts of
the App, without the prior and express consent of AVAILABLE.
5.4. All rights not expressly conferred by means of these GCU remain the exclusive property of
AVAILABLE.
5.5. AVAILABLE expressly communicates to respect the copyright and intellectual property rights
that may belong to third parFes: therefore, where any third party believes to have suffered a
violaFon of their copyright and / or intellectual property due to the App, they can contact
AVAILABLE at the following address:
info@pec.availablecore.com
5.6. AVAILABLE grants you a non-exclusive, non-transferable, non-transferable license to use the
App, which is the exclusive property of AVAILABLE. For this reason, you or any third party is not
permiVed to rent, lease, lend, sell, redistribute or license the App. Furthermore, the user or
third parFes are not allowed to copy, compile, reverse engineer, disassemble, aVempt to
derive the source code, modify or create derivaFve works from the App.
6. Economic opportuniEes that can be pursued by the user through the App.
6.1. AVAILABLE reserves the right to insert, at any Fme and at its sole discreFon, adverFsements
(banners) or similar tools produced by AVAILABLE and / or by third parFes or bearing, within
them, products and / or services adverFsed (directly and / or indirectly) by AVAILABLE and / or
third parFes within videos, mulFmedia files (also in so-called direct mode), photos, images,
communicaFons, comments or any other type of content not expressly indicated above
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present, made available, published (directly and / or indirectly) in any way by the user within
the App.
6.2. Due to what is described in the previous art. 7.1., the user has the possibility to obtain an
economic remuneraFon deriving from the inserFon (and consequent display) of the
adverFsements (banners) or similar tools described above inserted within the aforemenFoned
contents, whose compensaFon and profit is calculated, on the basis of a special and certain
algorithm, based on the number of views made by users on the adverFsement taken into
consideraFon net of expenses and costs (e.g. transmission) incurred by AVAILABLE and the fees
due to the laVer: specifically, to each ……………….. (…………….. ) views the user can get a gain
of euros ………………… gross, to which the expenses and costs incurred by AVAILABLE and the
fees due to the laVer are deducted. In this regard, AVAILABLE also declares that these
economic agreements may possibly be supplemented, modified, updated and revised by
AVAILABLE by means of a specific and separate contracFng, where the condiFons and needs
exist, to be evaluated at the sole discreFon of AVAILABLE.
6.3. AVAILABLE declares not to be, in any way, responsible for the truthfulness, accuracy, lawfulness
of the content relaFng to the messages inserted, by third parFes, in adverFsements or similar
tools beVer described in the previous art. 7.1. Furthermore, AVAILABLE declares, in an express
way, not to corroborate, in any way, any content and / or message contained within the
adverFsements or similar tools beVer described in the previous art. 7.1. produced, directly
and/or indirectly, by third parFes.
7. Applicable law and competent law.
7.1. AVAILABLE declares that these GCU are regulated, although not expressly and fully governed
therein, by the Italian naFonal legislaFon applicable on the subject.
7.2. In the event that the user is a consumer pursuant to art. 3 paragraph 1 leVer a) of LegislaFve
Decree no. 206 of 6.9.2005, for any disputes concerning the applicaFon of these GCU, the
mandatory territorial jurisdicFon is of the judge of the place of residence or domicile of the
consumer user pursuant to ArFcle 66 bis of LegislaFve Decree no. 206 of 6.9.2005; on the
contrary, in the event that the user is a professional pursuant to ArFcle 3 paragraph 1 leVer c)
of LegislaFve Decree no. 206 of LegislaFve Decree no. 9.2005; on the contrary, in the event
that the user is a professional pursuant to ArFcle 3 paragraph 1 leVer c) of LegislaFve Decree
no. 9.2005. n. 206 of 6.9.2005 for the soluFon of disputes concerning the applicaFon of these
GCU the territorial jurisdicFon is, exclusively, of the Court of Reggio Emilia.
Albinea (RE), there __01_/__01_/___2022_
AVAILABLE S.r.l.
(in the person of its legal representaFve pro tempore)