TERMS AND CONDITIONS FOR THE “OWIN CUSTOMER COMMUNITY”

Last updated: November 2024

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY BEFORE USING THE COMMUNITY

THE OWIN CUSTOMER COMMUNITY

The use of this Community and any service contained within constitutes acceptance by the User of these Terms & Conditions (hereinafter, the “T&C”).

These T&C , along with the “Privacy Policy” (jointly referred to the “Applicable Policies”) regulate the terms and conditions of use of Objectway Group OWIN Community web platform (meaning Objectway S.p.A. and its affiliated entities, hereinafter collectively referred to as “Objectway”), web platform through which the Community (hereinafter, “the Community”) is accessible. Please note that the T&C are then part of, and shall be considered along with, the Terms of Use of the Website. In the event of discrepancies between the provisions set by the Terms of Use and those set by these T&C, the provisions from these T&C shall govern and prevail.

Community features are only available to users who have previously registered to the Community and who have not been temporarily or permanently banned from using the services (hereinafter “User” or “Users”). A User shall be able to register and become so in case some specific requirements, as intended by Objectway at its sole discretion, are met, according to specific criteria such us certain email accounts and not others, Objectway employees, Objectway customers employees, etc.. Such criteria may be subject to adjustment at Objectway sole discretion from time to time.

In addition, there would be, among Users, some privileged ones, who are allowed to access certain privileged spaces of the Community which remain not accessible to the non-privileged Users (the “Privileged User(s)”). The Privileged User(s) are identified by Objectway at its sole discretion according to specific criteria.

Potential regulations and/or special conditions can be published on the Website and/or on the Community by Objectway as necessary (regulations and special conditions are hereinafter referred to as “Regulations”, both when considered individually and/or collectively). The Regulations are an integral and substantial part of the T&C. In the event of discrepancies between the provisions set forth by the Regulations and those set by these T&C, the provisions from the Regulations shall govern and prevail.

Users are advised to print or save a local copy of the T&C and the Regulations for future reference.

USAGE OF THE COMMUNITY

User must be a minimum age of 18 to register on and use the Community. By registering and using the Community User warrants to be 18 or older and understand relevant obligations arising under these T&C. Once registered and activated as User, User is able to access the Community.
To complete the registration, the User must read each of the Applicable Policies available in the footer menu at:

https://community.objectway.com

REGISTRATION

As part of the registration process each User needs to create an account, e.g. insert personal details in the relevant registration form, along with a username and a password to be chosen. The personal details entered by the User in the Website registration form must be true and complete. It is User responsibility to ensure that the information provided is accurate, not misleading and relating to him/her. User cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. Objectway reserves the right with or without notice to suspend or terminate any account in breach.

If for any reason User suspects that username & password has been disclosed to or obtained by another party, User shall contact us immediately.

Please note that Objectway never contacts Users requesting them to confirm their username & password or other details.
The username and the password entered upon registration are personal and should not be disclosed under any circumstance. The User is responsible for keeping this information strictly private. The User must, therefore, respect the confidentiality of these data to prevent unauthorised third parties from using the Website and the Community. The User is directly responsible for any use of the above-mentioned data by authorized or unauthorized third parties which occurs as a result of the violation of the normal diligence required for their safe-keeping. Notwithstanding that which is stated above, in the event of any unauthorised third-party use of the username and/or password, the User to which they pertain must inform Objectway immediately, by sending an email to community-support@objectway.com.

Users can request the cancellation of their registration at any time by sending an email to community-support@objectway.com.
Objectway processes information about Users in accordance with Privacy Policy.
Please note that with each post, User’s IP address is recorded, so that in the event Objectway has to ban an user from the Community the relevant ISP contacted. This will only happen in the event of a major violation of these T&C.

COMMUNITY SERVICES

Subject to the so-called “point & click” acceptance of the T&C and any of the Applicable Policies which may be applicable, Objectway offers registered Users the possibility to use some features available on the Community itself such as comment and idea-sharing spaces, upload initiatives, polls and the “Support” (hereinafter, individually and collectively referred to as “Community Services”). These features and services allow Users, among other things, to freely insert, save, publish, spread and communicate, on the relevant virtual spaces that Objectway provides Users to enable interaction on the Website, their contributions in the form of text, images, photos, videos, diagrams, audio recordings, data and any other general content of which the User is the author or the holder of the rights, or the entity who has the rights of their full disposal (hereinafter “User Content”).

The Community is at the User’s disposal solely for direct, personal, private/individual and professional use. Furthermore, the purpose of such use must be non-profit and/or not directly or indirectly commercial. The use must also fully comply with the Applicable Policies.

COPYRIGHT LICENCE FOR PUBLICATION OF USER CONTENT ON THE WEBSITE

By accepting the T&C, the User authorises Objectway to publish User Content as and when a uploads any User Content is published on the Website and/or the relevant section of the Community.

In addition, the User gives Objectway a non-exclusive, unlimited and transferable licence to reproduce, publish, process, carry out, represent, transmit, transfer to other formats (so-called “format shifting”), communicate and make available to the public, process and/or edit, re-edit, translate, distribute, rent and/or lend and, in general, use User Content in any way, way or form with reference to the profile of the personality (name and image), examples of which may include, although are not limited to, any related copyrights and intellectual property. The User acknowledges and agrees that when exercising the licensing rights, Objectway is entitled to, but in no way obligated to, mention the name of the User who owns the User Content. The latter will simply have the right to claim the authorship of his or her work within the limits established by current copyright legislation. This possibility shall not force Objectway or its assignees to mention the User concerned nor does it necessitate any responsibility, expenses or duties from Objectway. By accepting these conditions, the User acknowledges and agrees that no other compensation will be given for the licence foreseen by this paragraph.

INTELLECTUAL PROPERTY RIGHTS

Users acknowledge Objectway’s current and future ownership of all intellectual property rights related to the contributions published on the Website such as text, images, photos, videos, diagrams, audio recordings, data and content of which Objectway is the author or the holder of the rights, or the entity who has the rights of their full disposal (hereinafter “Objectway Content”). The unauthorised use, copying, reproduction, editing, republication, updating, downloading, mailing, transmission, distribution and/or duplication or any other unlawful use of the Objectway Content is, therefore, forbidden.

Equally, Users acknowledge Objectway’s ownership of all intellectual property rights related to products and/or services which could be potentially developed by the latter based on User Content published on the Website.

GUARANTEES

The User states and guarantees Objectway and its assignees that the User Content that he or she publishes on the Website is original and that he or she is the holder of the related copyright, personality and any other related rights. He or she also guarantees that the content is not obscene, violent, slanderous, blasphemous, horrifying, disturbing for minors and that it does not in any way infringe the rights of third parties (including, but not limited to, moral rights, image rights, honour, decorum, reputation, confidentiality, copyrights, rights to privacy and data protection, publication rights and others) or legal provisions. The User also states that he or she has obtained all the necessary permission and releases from all eligible subjects and/or the responsibility to provide those permits as far as the User Content and its use by Objectway. He or she declares that neither the User Content nor its use constitute the infringement of third parties’ personal or proprietary rights and/or legal provisions, taking into consideration also possible authorisations or permits granted by public authorities, self-regulation entities or similar.

If the User is not the sole owner of the User Content copyrights, he or she must acquire all the documents certifying that eligible parties have provided the User with all the necessary authorizations and provide Objectway with these documents upon its request. With regards to the publication of photos or videos of minors, the User declares that he or she is the owner or that he or she has already acquired the necessary written authorization (which the aforementioned User is obligated to provide Objectway with upon request) from the parent or guardian.

If Objectway or its assignees become the object of legal or disruptive actions, reprimands or claims by third parties regarding the management or use of the Community by a User and/or regarding User Content, the same User explicitly agrees to indemnify and hold Objectway and its assignees harmless from and against any liability, loss, damages, cost, legal or professional cost and any other costs which may arise or be suffered as a consequence of the use of the web space made available, without prejudice to the compensation for damages.

SUSPENSION AND ELIMINATION OF USER CONTENT AND/OR USER-GENERATED CONTENT AND/OR USER REGISTRATION

Objectway does not check nor monitor User Content published on the Website, nor are they obligated to approve the content prior to publication, and, therefore, cannot be held liable for User Content, nor for potential mistakes and/or omissions in it or for potential direct and/or indirect damages caused by its publication on the Website by Users and/or third parties. Having said that, if Objectway becomes aware of the presence of User Content which breaches, even if the breach is simply suspected, these Conditions of Use and/or if User Content on the Website is believed to be illegal or inappropriate, at the sole discretion of Objectway, the relevant User Content, the Community and/or the User registration shall be suspended and/or deleted, completely or partially, or the User may even be banned indefinitely from using the Community.

In the event that Objectway is notified by third parties that one or more items of the User Content allegedly infringe individual rights (including, but not limited to, copyrights, trademark rights and/or personality rights), Objectway reserves the right to immediately suspend and/or delete the User Content and/or Community features and/or User registration in question. Alternatively, Objectway may, at their own sole discretion, send the User concerned an information email about the third-party notification and requesting the removal of the relevant User Content of their accord within 3 (three) days from the sending of the notification or that he or she provides appropriate evidence of the legitimacy of his or her use of the User Content and relevant rights. If the User fails to do so within that period, Objectway shall immediately suspend and/or delete the User Content and/or Community and/or User registration, and possibly ban the User indefinitely from using the Community.

CODE OF CONDUCT FOR THE USE OF THE COMMUNITY

When using the Community, the User agrees to respect general principles of good behaviour, commonly known as “Netiquette Rules” and to respect the following general rules of conduct:

a) Avoid posting identical messages in more than one comment (so-called “cross posting”);
b) Do not fuel “opinion wars” or arguments: if there are personal debates, it is better for those concerned to resolve them privately;
c) Give comments titles which are pertinent to the topic in question;
d) When replying to the message of another User, simply quote the part which is strictly necessary for the reply to be comprehensible;

In addition, the User expressly acknowledges that any conduct as below can cause the automatic termination of the Conditions by Objectway as well as the consequent removal of the User Content published on the Website and possibly also of the User registration:

Emails, without the explicit consent of the sender and the recipient;
Disclose personal information including mobile telephone numbers, email addresses, home addresses, names and surnames, etc.;
Use software tools or other devices that interfere or risk interfering with one of the operating features of the Website, for example those which contain viruses or harmful components;
Send unnecessary emails or threats via email or other media to other Users;
Use the Objectway Content available on the Website for commercial purposes, in any way, shape or form, even partially, including User Content inserted by other Users;
Violate in any way third parties’ personal data and/or personality rights;
Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable;
Promote or provide information that could favour, make possible or contribute to the execution of any illegal activity or that could jeopardise third parties;
Post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, adult material, or otherwise in violation of any International or United States Federal law;
Use or harvest data provided by other users in a way that they would object to.
Use data provided by other users for purposes other than contacting them via the Community;
Contact other users in ways they may find inappropriate;
Encourage illegal activity or activity that violates the rights of other Community users or third parties, whether individuals or organisations;
Supply or post Content calculated to deliberately mislead other users or third parties, including Content falsely made to appear from or be endorsed by us;
Pose as another user, third party or organisation or Objectway’s employee for the purposes of obtaining User or third party information;
Transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment;
Attempt to gain access to our servers or other equipment to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and other users;
Reframe or repurpose the Community or any Content on it or remove or obscure any notices or advertising provided by us on the Community;
Load or provide access to Content on the Community or link to other content from the Community, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law;
Make commercial posts or comment spam or attempt to disguise such spam as Content;
Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money;
Use any robot, spider, scraper or other technical means to access the Community or Content on the Community.

The above list is not intended to be exhaustive. Objectway reserves the right to remove with or without notice Content and suspend or terminate (with or without notice) the account of any User who in our sole judgement is in breach of the rules or the spirit of the rules.

LIABILITY LIMITATIONS

The User acknowledges and agrees that the use of the Community is entirely at his or her own risk and exclusive responsibility.

The User acknowledges and agrees that the Community is provided “as it is” and “as available” and that it could be temporarily inaccessible or contain flaws or be subject to delays.

Objectway shall not be held liable for any loss or damage caused by or in any way linked to the Users’ use of the Community, including – but in no way limited to – damages for loss of business, loss of profits, business interruption, loss of commercial information and/or any other type of pecuniary loss, except in cases of Objectway wilful misconduct or gross negligence.

REPORTING MISUSE

The use of the Community is based on freedom of expression, trust, mutual respect, respect for any applicable laws and regulations and each of the Applicable Policies.

In the event a User detects any User Content which is deemed to be illegal, inappropriate, offensive or vulgar, Objectway shall be promptly notified, using the Reporting feature embedded in the Community platform, or sending an email to the following email address: community-support@objectway.com.

Such notifications must be verifiable and must come from an identifiable subject. In the absence of those requirements, Objectway will not be able to remove the notified content from the Website.

The User is asked to use notifications responsibly. The User will be held responsible for notifications that she or he makes that turn out to be unfounded and/or illegitimate.

CHANGES TO THE CONDITIONS OF USE

Objectway reserves the right to modify T&C at any time and to communicate such changes to Users through a general notice on the Website or through a link to that notice. After the changes have come into force, the use of the Community entails the User’s complete acceptance of the changes. Any User that disagrees with the new terms and conditions of the T&C is asked not to use the Community or to delete the account.
Objectway also reserves the right to send an email to Users to communicate possible technical variations, updates or news concerning the Community.

CORRESPONDENCE

Unless a previous agreement states otherwise, any message to Objectway must be sent to the following email address: community-support@objectway.com

INVALIDITY

The invalidity or inefficacy of any provision of the Conditions of Use shall never imply the invalidity or inefficacy of other provisions.

CHOICE OF LAW AND JURISDICTION

These Terms and Conditions shall be governed by the laws of Italy. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Italy. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.

COPYRIGHT POLICY

The content, which is disclosed and/or published on the Community and on the Website available at https://community.objectway.com, which Objectway S.p.A. is the author, and in any case the relevant rights holder (hereinafter, Objectway Content), cannot be used in breach of copyright applicable provisions of law and any of the Applicable Policies. It is, therefore, forbidden to copy, reproduce, edit, update, mail, transmit or duplicate such Objectway Content in any way, shape or form. In addition, unless explicitly authorized by the author, the publication and the redistribution of the abovementioned Content is forbidden.