General Terms and Conditions of use of LIKELLA services

General Terms and Conditions

This page describes the general terms and conditions of use (hereinafter "General Terms") of LIKELLA (hereinafter "LIKELLA"), and are applied to the entire domain LIKELLA.com and third-level domains created by merchants that have registered their store or shop or other by taking advantage of existing and future services of LIKELLA (hereinafter referred to as "Services" or individually "Service").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY LIKELLA. THESE TERMS AND CONDITIONS PROVIDE THE LEGALLY BINDING TERMS AND CONDITIONS OF USE OF THE WEB SITE AND SERVICES, FEATURES, CONTENT, APPLICATIONS OR COMPONENTS OFFERED BY LIKELLA.

The user of the Services that it is "Merchant", "Customer" or "General User" (hereinafter "User" or plural "Users" when the condition applies to all figures), which is registered to, or use any of the Services, must accept these Terms and Conditions, which will be also applied to the Services that will be provided in the future to Users, unless it is otherwise provided at registration or the first delivery of the new Service. LIKELLA reserves the right to modify these General Terms at any time and without notice. The use of the Services after the entry into force of these changes implies the complete acceptance of these changes. The User may at any time verify the current text of the conditions of use to the page describing the Service. LIKELLA also reserves the right to add, modify or delete, at its discretion and at any time, Services and content of this website.

The use of services is permitted only if you are registered in LIKELLA. Internet users become members after registration. This involves the explicit consent of the Users to the conditions listed below that govern the access to and use of the data provided during registration. To register you must enter the required information, which will be treated in accordance with the "Privacy Policy", and as expressed in our Privacy Policy.

Registration and access to Services

You can register in LIKELLA in different ways

• Access via Facebook ID

• Access via Google ID

• Access via the registration form page LIKELLA

• Access via SMS with registration made by the Merchant

In particular, when accessing LIKELLA, requires the user to validate the registration by reading its welcome email and instructions therein contained, in the case of registration made by the Merchant on behalf of the Customer in SMS mode, the Customer must validate the registration communicating the authorization code received.

All Users are invited to provide their real information. With regard to the registration and to ensure the security of own account, the User agrees to:

• do not provide false personal information on LIKELLA or create an account on behalf of another person without permission;

• do not create more than one account;

• do not create another account without our permission if the original account is disabled;

• do not transfer your account to any third party without the express written permission of LIKELLA.

The User also agrees to promptly update the information registered so they are constantly updated, complete and truthful. LIKELLA may at any time and without notice, suspend or terminate the provision of Services to a particular account.

The management of the information entered by the User are protected by password and other possible security tools to safeguard the confidentiality and ownership of the information contained herein. LIKELLA reserves the right to cancel the registration to any User may endanger the stability of the system and the seriousness and respectability of the services offered. LIKELLA has the right, at any time and without notice and / or explanation, to deny access to a User, in particular if the User:

• use a false identity for the purpose of misleading others;

• comply with the terms and conditions of the General Terms.

The unique credentials for access are strictly personal, and the user must ensure that they are not sold and / or shared with third parties. The User may at any time change their password using the instructions provided by the system. If the User is aware that their own data are used by third parties will be required to change their passwords without further delay. If this is not possible due to the intervention of third parties in bad faith, the User shall, without delay, send a notice of abuse to the e-mail [email protected], proving to be the original owner of the account subtracted. After considering the documentation provided by the User, LIKELLA will return the original account to the rightful owner.

In the case of registration through Facebook or Google account, LIKELLA cannot be held responsible for information included in these accounts created by other sites external to LIKELLA.

Terms and conditions listed on this page applies to all Users. A registered user can take on different specific roles:

• Merchant

  Only authorized representatives can register and administer a shop on LIKELLA on behalf of a shop, restaurant, brand, organization, or other business that exists physically.

  A User can create a shop on LIKELLA to support their own real shop or business on condition that there is no possibility of confusing it with another third parties store or business, or that will not infringe rights of third parties.

  The content posted on a LIKELLA shop are public and visible to everyone who can see the LIKELLA store page.

  It is not possible to formulate terms and conditions for a LIKELLA shop that are in conflict with our Privacy Policy or these General Terms.

  As Merchant agrees to these terms and conditions, and declare that you are an authorized representative of the store open on LIKELLA, excluding LIKELLA from any legal or administrative problem or dispute derived from the store's registration and from the use of the Services offered.

  If the User selects a name or an identifier for their own store similar to that of another store or business, LIKELLA reserves the right to remove or reclaim it, if it deems it appropriate (for example, if the owner of a trade mark complains that a user name is not in direct relation to the actual name of the store).

  LIKELLA reserves the right to modify or remove any content posted or inserted in LIKELLA store page by the Merchant, or unsubscribe any Merchant account at any time and for any reason without prior notice.

• Customer

  As Customer agrees to receive e-mail messages from LIKELLA as an integral part of the free service. LIKELLA use e-mail messages only to inform you about the characteristics and prerogatives of our Services, to let you know of any problems on our site and to communicate special offers reserved for Users in full compliance with Italian and EU regulations on protection of consumers.

  You also agree to receive e-mail messages, and any other type of message sent by any Merchant of shops where you are became a STAR, sent via the Services and under the terms and conditions listed on this page and in compliance with the Privacy Policy.

  LIKELLA reserves the right to modify or remove any content posted and to revoke the registration of the Customer at any time and for any reason without notice.

A User can assume at the same time the roles of Customer and Merchant.

User rights

User rights to use the Services are personal and not transferable. User may not resell or make any commercial use of the Services, without the written permission of LIKELLA.

The User may discontinue, at any time, using the Services of LIKELLA, subject to economic agreements that have not expired and any further LIKELLA contracts signed between the User and which should be considered.

Content and terms of use

All Content, disclosed publicly or privately transmitted, are the exclusive responsibility of the person from which such Content come. LIKELLA cannot guarantee the authenticity of any content or data that Users may provide about themselves or the actual existence, distribution and delivery, or according to the quality of goods or services sold, marketed, advertised free of charge through the pages of LIKELLA. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be the only responsible and liable for any damages or losses caused to you or any other person that may arise. For the purposes of these General Terms, the term "Content" includes, by way of example and without limitation, any information, data, text, geo-location information, "wall post" comment, piece of video or audio, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by LIKELLA or through the Services. The Content added, created, uploaded, posted, distributed or posted via the Services by any Users are collectively referred to as "User Submissions".

If the User makes available to LIKELLA for the diffusion through the website User Submissions which is the owner of the related intellectual property rights, LIKELLA shall be deemed authorized by User to economic exploitation of these rights that is connected to that publication or diffusion, with a waiver by User of any consideration, except the moral right to be recognized as author.

User Submissions

LIKELLA reserves the right to use User Submissions in many different ways in relation to the site, the Services and other activities of LIKELLA. LIKELLA may determine at its only discretion, by way of example, publicly display, reformat, integrate these contributions in marketing materials, advertising and other work creating derivative works from, promote, distribute, and enable others to do the same in relation to their websites store on LIKELLA, media platforms, and applications (third-party media). By submitting User Submissions on the site or otherwise through the Services, you grant hereby to LIKELLA an unrestricted, non-exclusive, royalty-free, fully paid, assignable and transferable license to use, copy, modify, reproduce, distribute, prepare derivative works from them , display, perform, and otherwise exploit in full the user Submissions in connection with the site, the Services and the business of LIKELLA (and its successors and assigns), including for example the promotion and redistribution of all or part of the site (and derivative works thereof) or the service in any media formats and through any media channels (including by way of example, the websites and third-party feed). You agree to grant to each user of the site and / or Services, including third-party media, a non-exclusive license to access your User Submissions through the site and the Services, and to use, alter, modify, reproduce, distribute, prepare works derived from it, display and perform such User Submissions in connection with your use of the site, the Service and the media of third parties. For clarity, the above granting of a license to LIKELLA does not affect your other ownership or license rights in your User Submissions including the right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing with LIKELLA.

Declare and warrant that you have all rights to grant such license without infringement or violation of third party rights, including for example, the rights to privacy, publicity rights, copyrights, contract rights, or any other intellectual or capital property rights.

You are aware that all information disclosed publicly or privately transmitted through the LIKELLA Services are only responsibility of the person from which such Content are originated; LIKELLA that cannot be held responsible for any errors or omissions in any Content and cannot guarantee the LIKELLA identity of any other users with whom you may interact while using the Services.

It's strictly prohibited and may cause the immediate revocation of your registration and / or cancellation of your account and your profile, any actions and activities that include, without this being a limitation, inclusion of Content and User contributions within pages of LIKELLA, or through any other interactive contexts prepared by LIKELLA, containing or with references to:

• pornography or child pornography, sexual and obscene, contains or depicts nudity, contains or depicts sexual activity;

• material that violates the copyright, particularly pirated software (warez, cracks, etc.), music files, images, video and text protected by copyright, or any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity that violates any law or contractual obligation;

• offensive or defamatory of any person, including expressions of bigotry, racism, hatred, profanity, threatening, libelous, deceptive, fraudulent or otherwise inappropriate, as determined in accordance with LIKELLA in its sole discretion;

• material that promotes or provides information about illegal activities or that may cause injury to others;

• software, information or other material that contains software viruses or harmful components that are designed or intended to disrupt, disable, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of LIKELLA or third parties;

• initiatives related to gambling, contests, games that require participation in exchange for payment;

• material not suitable for children under 18 years;

• advertising or sponsorship fee, unauthorized advertising or unsolicited junk e-mail or to generate in massive quantities ("spamming");

• information that your knowledge is false, misleading, untruthful or inaccurate;

• identification of any documents or sensitive financial information;

• violations of our Privacy Policy and / or any of the other rules and regulations contained in these General Terms;

• material or activity that, in general, violate or encourage them to violate any provision of law or regulation for the protection of individuals or even a provision legitimately issued by the Authority.

Although it is not obligated to monitor the content entered into your web pages, LIKELLA reserves the right to access them, at any time and without notice, to verify compliance with the conditions of use of the service, any violation, even alleged, of the rights of third parties, the responsibility of the users as a result of complaints also come from individuals, and to take appropriate action, including the possible suspension or interruption of service. LIKELLA, where it appears the possibility of there being a crime, it shall inform the competent authorities.

With registration, Users acknowledge their sole responsibility, civil and criminal, for all that will be placed by them in the interactive and multimedia context made available by LIKELLA that is not in any way responsible for the use of Users who violate the terms of service expressed in these General Terms. Therefore LIKELLA reserves the right to invalidate, without prior notice to User, any Content, comments or other User Submissions that are deemed inappropriate because libelous, defamatory, offensive, vulgar or discriminatory, or that goes against these General Terms. Will not be tolerated also direct references to managers, staff, or third parties, which, for better or worse, they do their work.

LIKELLA also reserves the right to access, read, preserve, and disclose any information as it reasonably LIKELLA believes is necessary to:

1. comply with any applicable law, regulation, legal process or governmental request into force;

2. enforce these General Terms, including investigation of potential violations hereof;

3. detect, prevent, or otherwise address fraud, security or technical issues;

4. respond to requests for assistance from users;

5. protect the rights, property or safety of LIKELLA, its users and the public.

If the User decides to delete their own User Submissions, they will be removed from LIKELLA and Services. However, any User Submission removed may remain in backup copies for a reasonable period of time (but following the cancellation will not be shared with others) or may remain with Users who have previously accessed or downloaded your User Submissions.

As a condition of use, the User guarantees to not use the Service for any purpose prohibited by these General Terms. The User is the only responsible for all activities in connection with the Service. He must also comply with all local, state, national and international laws and regulations and, if it represents a company, any other law related to advertising, marketing, privacy and self-regulation in force in the area.

To all Users it's not allowed (directly or indirectly):

• take any action that imposes or may impose (as determined by LIKELLA in its sole discretion) an unreasonable or disproportionately large load on LIKELLA's (or its third party providers) infrastructure;

• interfere or attempt to interfere the proper working of the Services or any activities conducted on the Services;

• bypass any measures LIKELLA may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);

• run any form of auto-responder or "spam" on the Services;

• use manual or automated software, devices, or other processes to explore methods such as "crawl" or "spider" any page of the site;

• harvest or capture any contents of the service;

• modify, adapt, embezzle, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, reuse, sell, trade, or in any way exploit the Content of the Services or site (other than your User Submissions) except as expressly authorized by LIKELLA;

• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;

• copy, rent, lease, distribute or otherwise transfer any right to receive hereunder;

• take any action in violation of LIKELLA's guidelines and Privacy Policy.

To Merchant Users it's also forbidden to:

• restrict access to their web pages hosted on LIKELLA (unless the feature is offered by LIKELLA) or insert pages or hidden files cannot be reached through a link.

• use the space as a web archive file.

• use the web space as a repository for files used by other servers.

Data for stores, restaurants, and other businesses present on LIKELLA were entered by registered users or were found on other websites: we do not guarantee its accuracy.

LIKELLA appreciates the cooperation of all those who wish to report any violations of these General Terms of use of the Services and any applicable laws.

Participation in Promotions

Occasionally, this site may include advertisements offered by Merchants or third parties. A customer may enter into correspondence with or participate in promotions of merchants with showing their products on this site. Any correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between Customer and Merchant. LIKELLA assumes no obligation or responsibility for any part of such correspondence or promotion.

E-mail, messaging, blogs, chat rooms and Services

LIKELLA provides users the ability to send e-mail, messaging, blogging, or chat services (collectively, "Communications"), either directly or through a third-party provider.

LIKELLA does not inspect or disclose the contents of private communications, except with the consent of the sender and the recipient, or in cases strictly defined under applicable laws in force, or as other required by law or order of court or government.

We may use automatic control devices or techniques to protect our users from mass junk communications (also known as "spam") and / or other types of electronic communications that we believe are incompatible with our business purposes. However, such devices or techniques are not perfect, and LIKELLA cannot be held responsible for any legitimate communication that is blocked, or for any junk communication that is not blocked.

The mailbox may have a limited available memory space. If you exceed the maximum space permitted, we may use automated tools to delete or block email messages that exceed the limit. LIKELLA cannot be held responsible for such deleted or blocked messages.

Warranty Disclaimer

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LIKELLA MAKES NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED AVAILABILITY, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF THE PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED FROM THE SITE OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS OR DEFECTS. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THIS SITE MAY INCLUDE TECHNICAL OR OTHER ERRORS, INACCURACIES OR TYPOGRAPHICAL ERRORS. IT'S POSSIBLE TO MAKE CHANGES TO THE CONTENT AND SERVICES ON THIS SITE, INCLUDING PRICES AND DESCRIPTIONS OF PRODUCTS LISTED AT ANY TIME WITHOUT NOTICE. LIKELLA DOES NOT WARRANT THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

Limitation of Liability

The use of this website is entirely at Users own risk. LIKELLA Services are provided without any warranty, express or implied. LIKELLA is in no way responsible for any damages resulting from the inaccessibility to their Services, as well as the loss and alteration of the Users' store pages on LIKELLA.

LIKELLA assumes no responsibility for any damage caused by viruses, corrupted files, errors, omissions, service interruptions, deletions, network problems, theft, unauthorized access to, alteration of data.

LIKELLA disclaims any liability for any claims by the User of impossibility to use the Services for any reason. LIKELLA does not assume liability for damages, claims or losses, direct or indirect, caused to the user for failure and / or malfunction of electronic equipment of the User or third parties, including Internet Service Providers, telephone and / or telematic not directly managed by LIKELLA or persons for which it is responsible. LIKELLA shall not be deemed in default of its obligations nor liable for any failure to provide services due to malfunctioning of the electronic means of communication for reasons outside the company's control, including, without limitation, fire, natural disasters, lack of energy, lack of telephone lines or other network service providers, malfunctioning of computers and other electronic devices, also not an integral part of the Internet, malfunctioning of software installed by the User, as well as by the actions of other Users or other persons with access to the network.

If LIKELLA, or its directors, employees, agents, representatives, suppliers, partners and content providers, and other companies related to it are target of legal action by third parties relating to the conduct or the way of use of the Services by a User, the User expressly agrees to hold harmless LIKELLA or any of those persons and companies from any prejudicial effect of the legal action and to reimburse all expenses and compensate for any direct or indirect damage, and the User assumes all civil and criminal responsibility derived directly or indirectly from the above legal action.

User acknowledge and agree that the Services available on this site are provided "AS IS" and that LIKELLA assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any User communications or personalization settings.

LIKELLA, OR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS OR OTHER PARTNERS IN NO EVENT WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND FROM ANY LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY LINKED WEB SITE OR REFERENCE FROM THIS SITE.

Intellectual Property

The User agrees that all intellectual property rights, enforceable under the laws relating to copyright (Title IX of Book V of the Civil Code, Art. 2575-2594 cc, and Law no. 633/1941, as amended by Legislative Decree. No. 169/1999) or any other provision, including, by way of example and without limitation, know-how, source code, software, hardware, projects, applications, patents, trade secrets, formulas, algorithms, models, databases and others, related to the Services, data and other material from LIKELLA, or otherwise made available to the User by LIKELLA under the Contract remain of the exclusive property of LIKELLA, which grants to User a personal, non-transferable and non-exclusive license to use the services on a single computer in accordance with the General Terms, in each case it's accepted that the User may not copy, modify, sell, assign, sublicense, grant or transfer to third parties or create derivative works derived from any right of LIKELLA or allow to third parties to do so by the User, or by User's computer, or using User's personal data, even without his knowledge.

Supplementary agreements and jurisdiction

Any other extra agreement or contract, additional and not substitute these General Terms must be in writing. These General Terms are governed by Italian law. Jurisdiction and district court will rule on any eventual dispute is Ravenna (RA) - Italy.

For any report we ask you to send an e-mail to [email protected].

Data ultima modifica: 03/09/2012