- Alumnus: means the User who no longer has the Accommodation Contract in place;
- Beneficiary: means the User who has in place the Accommodation Contract with the Owner;
- In-Domus Campus: means one of the university residences managed by the Owner
- Accommodation Contract: means the contract between the Owner and the Beneficiary, concerning a housing solution within the In-Domus Campus;
- Events: means various types of public events open to the participation of the Beneficiaries, whose images are published and/or divulged by the Owner on the Website and/or in the Promotional Material in order to promote the In-Domus Campuses;
- Promotional Material: means brochures, posters, leaflets and any other material used by the Owner in order to promote the In-Domus Campus and/or the Accommodation Contract and/or the Services;
- Profile: means the space within the Application made available to the User, which includes the description provided by the User, including his/her personal information, photos and videos and which is accessible by other Users;
- Services: means the services included in the Accommodation Contract;
- Website: means the official website of the Owner and/or the In-Domus Campuses and/or websites linked to the latter (including social networks where applicable).
3. License and purpose of the Application
- book his/her participation in the Events;
- book a place at some facilities of the In-Domus Campus (e.g.: study rooms, barbecue, gym, etc.);
- receive from the Owner notices, information and communications relevant to the stay in the In-Domus Campus and/or for the purposes of the Accommodation Contract and/or relating to events organized by the Municipality of Milan that are of interest for the Users;
- send the Owner a request for Services, including, by way of example, requests for maintenance in relation to the accommodation solution subject matter of the Accommodation Contract;
- contact other Beneficiaries and/or Alumni, sharing materials (including, for example, study materials, photos, videos);
- publish his/her own photos/videos in the appropriate space in the Application or on the Website linked to the Application.
3.3 The User acknowledges and accepts that the Owner has the right to modify and/or implement at any time the functionality, the graphic interface, the contents of the Application, as well as any other aspect that characterizes the functionality and management of the Application in order to improve its use by the User. Any changes referred to herein will be communicated to the User pursuant to the terms set forth in art. 1.3 above.
4.2 The User acknowledges and accepts that the use of the Application includes the following activities:
a) Access to the Application and Account Registration: the User must download the Application on his/her device using the email address provided in the Accommodation Contract (“the Email Address Provided“); once downloaded, the Application will notify the User of his/her personal log-in information to access and use the Application. It is therefore essential that the User downloads the Application using the Email Address Provided and not a different address;
b) Profile creation: upon completion of the registration, the User will be provided with a personal account (“Account”) and asked to create the relevant Profile with mandatory or optional information. The User acknowledges and agrees that: (i) the functionality of the Application may be different for the Alumnus Profile and the Beneficiary Profile; and that, in any case (ii) the information provided by the User will be published in the Application and made accessible to other Users for the sole purpose of making the presence of the Profile known and allowing the User associated therewith to use the Application. Personal contact information contained in the Profile and/or Account (e-mail address, postal address, telephone, etc.) will not be disclosed or otherwise made accessible to other Users by the Owner;
c) Upload and/or share photos/videos and/or other personal material and send messages and/or participate in forums: the Application allows the User to upload and/or disclose and/or share material, including photos and videos, and interact with other Users and/or the Owner (for example, by sending messages and/or participating in forums). The User undertakes, therefore, not to upload and/or disclose contents that:
- belong to third parties and/or involve third parties (other than public personalities), and/or infringe third parties’ rights (including intellectual property rights);
- contain false information or news;
- are defamatory, insulting, obscene, offensive, violent or inciting violence, political, racist or xenophobic and, in general, are contrary to the purpose of the Application, to applicable laws, personal rights or public moral;
- concern or involve minors;
- have seduction and/or prostitution purposes;
- have commercial or other profit-making purposes;
- contain hypertext links to third party websites that are illegal and/or not complying with the purposes of the Application;
- have the effect of preventing the correct functioning of the Application (for example, computer viruses, sending mass messages);
- are intended to gain unauthorized access to other Profiles and/or Accounts and/or their confidential content;
4.3 The User acknowledges and accepts that the Owner does not have the means and availability to constantly monitor the use of the Application by other Users. Therefore, if the User believes that his/her rights are violated through the use of the Application, he/she must promptly notify the Owner in writing.
4.4 The User undertakes to keep the Owner harmless and indemnified for any loss, expense, cost or damage (including possible legal expenses) suffered by the Owner as a consequence of the User’s violation of the terms and conditions referred to in articles 4.1 and 4.2 above and 6.2 below.
5. Rights of the Owner on photos and videos uploaded or disclosed by the User through the Application
5.1 The User acknowledges and accepts that the Owner may have the legitimate interest to publish photos and videos of the Users on the Promotional Material and/or on the Website in order to promote its activity and/or the Accommodation Contract and/or the In-Domus Campuses and/or the Services and/or the Events and/or the Application itself.
5.2 Therefore, the User grants the Owner, for the purposes of art. 5.1 above and also pursuant to and for the purposes of art. 10 of the Italian Civil Code and articles 96 and 97 of Law no. 633 of 22.4.1941 (law on copyright), the non-exclusive, transferable, free right effective without territorial limits for the duration indicated in art. 4.2 (d) above, to publish and/or divulge, in any way and also through third parties appointed by the Owner, on the Site and/or in the Promotional Material, the photos and/or videos uploaded and/or divulged by the User through the Application, and the Owner will also have the right to modify and/or store them, also through third parties appointed by the Owner, for the same publication and/or divulgation purposes.
5.3 In any event the User will always be entitled to revoke, at any time, the right granted pursuant to art. 5.2 above, by giving written notice to the Owner.
6.2 Therefore, the User undertakes not to copy, use, transfer, sub-license, lend, modify, adapt even partially the Application and/or the Materials, or attempt to modify and/or alter and/or disclose the source code of the Application, carry out reverse engineering operations or otherwise operate, in any other way, on the Materials and/or the Application.
7. Owner’s Limitation of liability 7.1 The Owner will do its best to ensure that the Application is available and functioning continuously 24 (twenty-four) hours a day, without this being understood as a guarantee of operation and/or suitability for a specific purpose and/or compatibility with the devices on which the User intends to install the Application. In any case, the Owner does not take on any obligation to provide technical or other assistance with regard to the Application or to proceed with its technical updating.
7.2 Therefore, the User acknowledges and accepts that: (i) the Owner shall not be considered in any way liable for possible losses, costs, expenses or damages of any nature whatsoever, unless deriving from omissions or breaches by the Owner, suffered by the User on his/her own devices as a result of using the Application; and (ii) access to and/or use of the Application may be suspended temporarily, in whole or in part, even without notice, in the event of system failure, need for maintenance and/or repair or in case of force majeure events, or may be permanently inhibited if the Owner decides to cancel and/or replace the Application because it is no longer suitable for the functionalities and/or purposes referred to in art. 3 above, in this case, after not less than 60 (sixty) days from the prior written communication to the User of such decision, which may also take place through the Application itself. Moreover, the User acknowledges and accepts that the Owner shall not be considered liable in any way for possible losses, costs, expenses or damages suffered by the User as a result of the incorrect use of the Application by other Users and/or its use by unauthorized third parties and/or as a result of the interruption in the operation of the Application and/or in any case of suspension/deletion of the Profile and/or Account.
8.2 The User also acknowledges and accepts that, in case of violation of even only one of the conditions set forth in art. 4.2 (c) above, the Owner, in addition to the provisions of art. 8.1 above, will have the right, at its sole discretion, to permanently prohibit the User from accessing and using the Application.
- if to the Owner: via e-mail to: firstname.lastname@example.org and/or via registered letter return receipt requested to the address: Via Mario del Monaco 4, 20157 Milan;
- if to the User, via e-mail and/or via registered letter return receipt requested, to the addresses indicated in the Accommodation Contract.