1.1 These general terms of agreement govern conditions for access to and the use of a web community called “WISSHH provided and created by “Merih S.r.l Unipersonale”. “Merih S.r.l Unipersonale” allows users who have completed the specific registration procedure and created a personal or business profile to use the web space made available by “Merih S.r.l Unipersonale” in order to join a community that collects the recommendation of the business they love, a network for exchange, promotion and growth. These General Terms will also apply to any complementary or optional services provided.
1.2 The company “Merih S.r.l Unipersonale” recognizes the importance of the freedom of thought and expression of users of the Internet, but asks that the Service be used for lawful purposes only, in full respect of others and of social harmony. In order to guarantee compliance with conditions for the use of “WISSHH”, “Merih S.r.l Unipersonale” may, at its own final discretion, moderate activities by users of “WISSHH”.
1.3 User represents that he/she is aware of the fact that the activation and provision of the “WISSHH” service depend on the technical and organizational means available to “WISSHH and that “Merih S.r.l Unipersonale” is in no way liable for any inconvenience, delay or malfunction relating to “WISSHH”. Availability of “WISSHH” may be subject to limitations or interruptions due to technical requirements.
2.1 In order to join “WISSHH”, User shall complete the specific electronic registration form available online and create a personal profile accepting these General Terms of Agreement and giving consent to personal data processing. User undertakes full responsibility for the truthfulness and accuracy of data provided, committing to revise them promptly in case of any changes and holds the company “Merih S.r.l Unipersonale” harmless from any adverse consequences arising out of notification of imprecise or untrue data.
2.2 “Merih S.r.l. Unipersonale.” will be entitled, at own final discretion, not to accept an application to join “WISSHH” and to refuse access to “WISSHH” or to individual “WISSHH” options.
2.3 Access to “WISSHH”, provided by “Merih S.r.l Unipersonale” is available through the use of specific access codes including a personal email address and a password. User may change his or her password at any time, following procedures provided by the system. Access codes are strictly personal and may not be transferred or notified to third parties. User shall diligently safeguard the access codes, preventing any use by unauthorized third parties. User shall promptly inform “Merih S.r.l Unipersonale” about any event that causes the access codes to be known to third parties and any unauthorized use of such codes or about any other violation of security that he or she becomes aware of; pursuant to article 2051 Italian Civil Code, Users shall be liable in full for any consequences and/or damages caused by the use by third parties of access codes provided by “Merih S.r.l Unipersonale”. “Merih S.r.l Unipersonale” will be entitled to suspend or change email and password enabling in case of improper or unauthorized use of access codes.
2.4 User undertakes to promptly notify “Merih S.r.l. Unipersonale” about any problems encountered in relation to activation and the regular operation of the Service.
3.1 Use of “WISSHH” is at exclusive risk of User. By way of registration User recognizes and accepts its own exclusive responsibility for anything listed on the web space made available by “Merih S.r.l. Unipersonale” who shall not, under any circumstances, be considered responsible for any use of the Service in violation of the agreement or of applicable provisions of law. User undertakes to use “WISSHH” exclusively for lawful purposes, complying with rules of diligence and netiquette and in any event without causing any injury to the rights of any third party, specifically with respect to intellectual and industrial property rights. User will adopt every necessary precaution for the purpose of preventing “WISSHH” being used for activities in violation of applicable laws and regulations, or that injure third party rights; user undertakes all responsibility Merih S.r.l. Unipersonale in relation to content disseminated on the web through “WISSHH”, holding “” harmless from any liability and undertaking to indemnify it against any adverse effects arising out of third party claims or actions as a result of damages caused by the use of “WISSHH” or pursuant to content listed on the web space made available by “Merih S.r.l. Unipersonale”.
3.2 User expressly recognizes that all intellectual property rights originating from “WISSHH” or made available by “Merih S.r.l. Unipersonale” and protected by rules on copyright and other statutory provisions, remain the exclusive property of “Merih S.r.l. Unipersonale”. User may not copy, amend, sell, assign for any reason, grant or transfer to third parties or create works arising out of any right of “Merih S.r.l. Unipersonale”, nor allow third parties to do so through User, also unknowingly.
3.3 “Merih S.r.l. Unipersonale” is exempted from any obligation to previously verify, control or supervise content listed on “WISSHH”, or content on websites referred by “Merih S.r.l. Unipersonale” through web links and does not undertake any responsibility for the content and/or material, including advertising material, disclosed by such sites or for goods or services offered. Such goods or services shall not, under any circumstances, be considered as offered, advertised, promoted or sponsored by “Merih S.r.l. Unipersonale” and therefore User undertakes any and every responsibility for any activities possibly engaged in, in relation to such products or services.
3.5 “Merih S.r.l. Unipersonale” may, at exclusive discretion, list content of any kind, both own and third party, on web pages dedicated to “WISSHH”, including banners or other advertising messages (including third party messages) and may amend them in respect of any aspect, such as graphic layout, electronic addresses, access procedures, technical characteristics and so on, at exclusive discretion.
4.1 User undertakes not to list on the web space hosting “WISSHH”:
pornographic, obscene or otherwise offensive material;
content that violates copyright or other intellectual property rights;
offensive or defamatory material or material that is harmful to religious sentiment or incites violence, fanaticism, uprisings, terrorism or political, racial or religious hatred;
pirate software, music files, images, videos, graphics, texts protected by copyright;
programmes suitable for damaging an IT or telematic system (viruses or damaging components), cracks or information that provide abusive access to protected IT or telematic systems;
materials or applications that use an excessive quantity of CPU (Central Processing Unit);
advertising, banners or advertising scripts or sponsorship for payment;
encrypted content, software that allows users to remain anonymous on the internet or hidden pages or files that cannot be reached through a link;
archives containing personal data or information or data- bases in violation of the provisions of D. Lgs 196/2003 regarding personal data privacy;
material that permits or promotes gambling, betting, prize draws, auctions, games which can only be participated in following payment of a fee;
material or activities in general that instigate unlawful activities or activities contrary to mandatory laws or public order and public decency.
4.2 Users of “coffeemesh” are also prohibited from:
limiting access to their web pages hosted by the Service (unless this function is offered by the Service); using the web space as a file archive or an archive for files used by other servers;
processing any personal data;
using the service to implement spamming, or to transmit or exchange viruses or chain letters or to cause nuisance to other users or third parties.
4.3 User warrants to ownership and full availability of any image, sequence of images, graphic sign, sound or sequence of sounds, music, information or data in any form, whether intelligible or otherwise (text, graphic, image, sound, photo, film etc.), listed on the web space. User undertakes full and exclusive responsibility for the lawful availability of content listed on the web space and guarantees that such content is not in violation of mandatory laws or of any distinguishing sign, intellectual or industrial property right or any other third party right; in case of breach of the above User undertakes to hold harmless and indemnify “Merih S.r.l. Unipersonale” from and against any adverse consequence caused by violation of such rights. User may only list content in respect of which it has title to the relative copyright or has acquired from the owner of such copyright the related publication, utilization and reproduction rights and solely in case of written authorization from the party with title to publish. Content is searched and viewed using automatic procedures, whereby content and information listed by users are made directly available without “Merih S.r.l. Unipersonale” being in any way able to verify the content, accuracy and truthfulness of that content, in respect of which it declines all responsibility. “Merih S.r.l. Unipersonale” does not carry out any prior control of the content sent by User and is in no way responsible for unlawful, illegitimate, false or imprecise content.
4.4 “Merih S.r.l. Unipersonale” reserves the right to make changes to the Service functions, also without notice. “Merih S.r.l. Unipersonale further reserves the right to amend the technical specifications or to vary the terms of the Agreement and additional services due to supervening technical, economic and managerial requirements.
4.5 Payments by credit card for services offered by “Merih S.r.l. Unipersonale” are made online through a secure connection (encrypted). According to the browser used, user may verify the page certification by clicking on the padlock icon or any other symbol indicating the presence of a protected connection. The payment service is managed by “Merih S.r.l. Unipersonale” in collaboration with Credito Bergamasco di Rodengo Saiano (Brescia). User acknowledges, in any event, that viruses or any harmful programmes that may be present on their system may by-pass the connection security. User acknowledges that “Merih S.r.l. Unipersonale does not require personal information and/or bank numbers or credit card numbers by email. “Merih S.r.l. Unipersonale” therefore invites users to report any such requests for this data that they may receive to “Merih S.r.l. Unipersonale” management.
5.1 The service is provided without any warranty, either express or implied, as to the proper functioning of that service. “Merih S.r.l. Unipersonale” will not be liable for damages caused by delays, defective functioning or inaccessibility, suspensions and/or interruptions to the service, or by loss and alteration of web pages or content listed by users. “Merih S.r.l. Unipersonale” declines any liability with respect to damages caused by IT viruses, damaged files, errors, omissions, network problems, software or hardware incompatibility, unauthorized downloads, abusive access, alterations to or deletions of data, and may not be held liable vis à vis “WISSHH”, persons directly or indirectly connected to “WISSHH” and/or third parties, for the compensation of damages, losses or costs incurred as a result of such events. “Merih S.r.l. Unipersonale” does not warrant that the “WISSHH” service is free from errors and that it meets the requirements requested by User.
5.2 It is understood that “Merih S.r.l. Unipersonale” does not warrant that protection measures adopted absolutely prevent the dissemination of programmes suitable for damaging IT or telematic systems, or the possibility of abusive access by unauthorized third parties to IT or telematic systems or personal web pages, or the unauthorised downloading of content. “Merih S.r.l. Unipersonale” does not assume any liability for the use that users may make of content that has been unlawfully downloaded from the web space made available.
6.1 This agreement is governed in full by Italian law. The Court of Brescia (Italy) hall have exclusive jurisdiction.