Section A: GENERAL CONDITIONS
1.1 The conditions and terms listed below constitute and regulate the relationships between Passion4Profession "Passion4profession" (alternatively indicated with the acronym “P4P”) – which identifies the company Passion4Profession S.A.S., with its registered office in Italy – and the User.
2. Acceptance of the Terms
2.1 Access to and use of the Services is subordinate to the express approval of the Terms in their Italian language version, which is the only official version in the case of any variation between the Italian version and any translation in other languages provided by Passion4Profession.
2.2 With regard to acceptance, the User declares, under his/her own responsibility, that he/she is in possession of the legal requisites necessary for the stipulation of a valid and binding contract with Passion4Profession and that he/she is not subject to any restrictions nor in any other way legally prohibited from receiving or using the Services under the laws of the country in which he/she is resident and from which the Services are accessed or used.
2.3 The Terms apply to all of the Website Users, including those who upload video contents, information or any other materials or services onto Passion4Profession.
2.4 Passion4Profession may, at its sole discretion, change and periodically update the Terms. Any changes will be highlighted in a special section on the home page of the Website. The User is required to check this section every time he/she accesses the Website and before using the Services. Use of the Services after the date of any change to the Terms implies the unconditional acceptance of such changes.
3. Passion4Profession Account
3.1 The User must create a Passion4Profession account in order to access certain Website services. To be able to create his/her account, the User must supply - under his/her exclusive responsibility - accurate and complete information. Passion4Profession is not responsible for the truthfulness of the data entered by Users and is under no obligation whatsoever to verify its correctness.
3.2 The User must keep the password to his/her Passion4Profession account private and confidential and must immediately inform Passion4Profession of any security violation or unauthorised use of his/her Passion4Profession account.
3.3 The User is the only person with liability towards Passion4Profession and third parties for each and every access and all activities carried out through his/her Passion4Profession account and consequently P4P holds no liability whatsoever with regard to any violation that may be committed through said account. The User therefore undertakes to indemnify Passion4Profession against any damages which may arise from any access or activity that takes place through his/her account as well as against all claims, actions or demands of any kind brought by any person against Passion4Profession, the User and/or third parties – in relation to damages caused by any possible violation connected to access or activities carried out through the User’s account.
4. General use limitations
4.1 Passion4Profession allows the User permission to access and utilise the Website and the Services under the following express conditions: A. Users are not permitted to distribute any part of the Website, including but not limited to the User Contributions (as defined below), through any means without the prior written consent of Passion4Profession; B. Users are not permitted to make changes or modifications to the Website and/or the Services; C. Users are not permitted to access User Contributions (defined below) or any other contents made available by the Website (including Passion4Profession Content as defined below), through any technological method or means other than through the video playback pages on the Website, the video player, or other methods that Passion4Profession explicitly indicates as being intended for such purpose; D. Users are not permitted to evade (or attempt to evade), disable or in any other way interfere with any element related to the security of the Website or any elements which (i) may prohibit or limit the use or the copying of any User Contribution or Passion4Profession Content or (ii) reinforce the limitations of use on the Website or the content that is accessible on the Website; E. Users are not permitted – without prior written authorisation from Passion4Profession - to use the Website or any Service (including the audio and video player and the P4P Contents) for commercial aims or purposes including – but not limited to - the resale of access to the Website and/or Services (such as the video and audio players or the various audio and video galleries) from any other website for the primary purpose of obtaining publicity or contributions or the redistribution of the Services (including any User Contribution accessible through such Services) with the aim of generating profits for a commercial venture that is substantially the same or comparable to that exercised by Passion4Profession. The uploading of original videos onto Passion4Profession does not constitute a prohibited commercial use nor does any use that is expressly authorised by Passion4Profession in writing. F. Users are obliged - in the case of use of video or audio players or galleries on the website – to enter a clear link on the Website specifically to the pages containing said players with the consequent prohibition on modifying said players or galleries. G. Users are not permitted to use or launch any computerised system, including, but not limited to any robot, spider or offline reader that may access the Website and send the Passion4Profession servers, within a given time period, a number of access requests that is greater than what could reasonably be carried out by a human within the same period of time using a standard publicly available web browser (i.e. not modified); H. Users are not permitted to collect any personal details from other Website users – including their Passion4Profession account names – or Website Services; I. Users are not permitted to use the Website or Services – including the comments and the e-mail features on the Website – for the purpose of furthering commercial business aims or in relationship to a commercial enterprise, without prior written authorisation from Passion4Profession; J. Users are not permitted to solicit any Website user for commercial purposes in reference to their User Contributions; K. Users are not permitted to access Users’ Videos for any aims other than exclusive personal and non-commercial use, as is understood and allowed through the normal functioning of the Services, and exclusively for Streaming. For this purpose, "Streaming" shall mean the simultaneous digital transmission by Passion4Profession via the Internet to a device with Internet access operated by a user in such a way that the data is made available for viewing in real time and not for download (either permanent or temporary), to be copied, saved or redistributed by the user.
4.3 The User recognises and accepts that Passion4Profession grants major international search engine operators permission to use spiders to copy Website material for the exclusive aim of creating research indexes for publicly available material, excluding and prohibiting any sort of caching or archiving of such materials. The User recognises and accepts that any other scheme must be previously authorised in writing exclusively by Passion4Profession without any need for prior communication to Users and/or their consent.
4.4 Passion4Profession may, at its sole discretion and without any prior communication to the Users – change and periodically update the technical conditions, the form and the nature of the Services. It may also suspend and/or interrupt all or part of the Services in the event that updates to the Website or the Services are required, or in the case of malfunctioning and technical impediments attributable to the negligence or wilful misconduct of third parties (including but not limited to: interruption or suspension of the network; computer piracy; the actions of hackers or others). Passion4Profession is in no way liable for damages, including indirect damages, resulting from potential malfunctions, interruptions or delays of the Services supplied to the User and/or third parties. The User undertakes to hold Passion4Profession harmless from any claims, actions or demands whatsoever, brought by any person, against the User or Passion4Profession – in relation to the Services supplied.
4.5 The User has the right to terminate access to the Services or use of the same at any time, without the need to specifically inform Passion4Profession, subject to the obligation to observe confidentiality with regard to his/her password and the activities carried out through his/her account. 4.6 The User hereby acknowledges that he/she is solely liable for any violation of his/her obligations under the Terms and for the consequences of such violations, including any loss or damage that Passion4Profession may suffer. The User undertakes to indemnify Passion4Profession against any damages that may arise from such violations or any claim, action or demand whatsoever brought by any person against Passion4Profession, the User and/or third parties – for damages caused by User violations.
5. Copyright policy
5.1 Passion4Profession does not carry out nor does it assume the responsibility for carrying out checks or verifications on the material – of any kind – that is inserted, entered, taken, sent, received, uploaded, downloaded, published or otherwise distributed by Users through the Website and the Services supplied. All liability in this regard is borne solely by the User and the supplier’s liability is hereby fully excluded. In particular, the User hereby confirms that he/she is familiar with and accepts current intellectual property laws (concerning copyrights, trademarks, patents and similar), and hereby releases P4P from any liability regarding any possible violation, claim or demand whatsoever. 5.2 Without prejudice to the above, each User may report any violations by other Users of intellectual property rights to the e-mail address indicated in the section "Contacts". Passion4Profession will investigate the reports and if the violation is found to exist, the material will be removed and/or the access of the User in question will be suspended or disabled without prior notice.
5.3 In the event that the User is found to be in breach of laws or the orders of regulatory authorities, Passion4Profession reserves the right to suspend the service immediately and without advance warning, without prejudice to possible legal action.
5.4 The User assumes full liability with regard to the content of e-mail messages sent or received through the Services, even with respect to third parties.
6. User Contributions
6.1 Users who have a Passion4Profession account may upload video content (“Users’ Videos”) and/or written text (“Users’ Comments”), hereinafter “User Contributions,”. When using the Website, Users must adhere to the Guidelines of the Passion4Profession Community contained in section C.
6.2 By uploading “User Contributions”, the User grants Passion4Profession and other Website users – absolutely free of charge – a licence to use such contributions. These rights are outlined more fully in paragraph 7 below.
6.3 Passion4Profession does not guarantee any privacy with regard to any User Contribution.
6.4 The User is solely liable for the “User Contributions” that he/she uploads and for the consequences of their posting and publication. Passion4Profession is hereby released from any liability in this regard. The User is expressly prohibited from publishing and/or uploading material of any kind which is illegal in the User’s country of residence or the country in which the User uses the Website and the Services or which, in any case, may not be used or possessed by Passion4Profession in relation to the supply of Services. In this regard, the User undertakes to indemnify Passion4Profession against any damages deriving from the above violations and against any claims, actions or demands brought by any person against Passion4Profession, the User and/or third parties – in relation to User Contributions and the posting and publication of the same.
6.5 Users are also expressly prohibited from publishing and/or uploading material that is subject to third party rights of ownership or licences (including rights of privacy and publishing, use and exploitation rights), unless the User has previously acquired a regular licence, authorisation and/or permission from the legitimate owner permitting the material to be used gratuitously by Passion4Profession. The User warrants, under his/her own responsibility – and consequently releasing Passion4Profession from all liability in this regard – that he/she is in possession of all of the rights, licences, consents and permissions necessary to allow Passion4Profession to use the User Contributions entered for the purpose of supplying P4P Services and also to use the User Contributions in the manner foreseen by the Website and under these Terms. For this purpose, the User undertakes to indemnify Passion4Profession against any damages deriving from non-observance of the above obligation and against any claim, action or demand whatsoever brought by any person against regarding Passion4Profession, the User and/or third parties – relating to said non observance. 6.6 Without prejudice to the above, any User may report abuse and/or unauthorised use by other Users to the e-mail address indicated in the “Contacts” section. P4P will investigate the reports and reserves the right in any case to evaluate the contents of the same and their conformity to the requisites foreseen under these Terms as well as the right to remove User Contributions and/or suspend or disable the access of any User found to be in breach of these Terms at any time, without prior notice.
6.7 By accepting these Terms, the User expressly waives all rights or claims against Passion4Profession in relation to any User Contribution or Contributions created by P4P.
7. Rights granted to the User under licence
7.1 By uploading or publishing a User Contribution onto Passion4Profession, the User agrees to grant: A. to Passion4Profession, a non-exclusive, worldwide, free of charge, transferable with the right of sublicence) licence without royalties, to use, reproduce, distribute, prepare derivative works, visualise or run User Contributions in relation to the supply of the Services and otherwise in connection with the supply of the Website and commercial services of Passion4Profession, including but not limited to the promotion and redistribution of all or part of the Website (and works deriving from it) in any format and via any channel; B. to each Website user, a non-exclusive worldwide free of charge licence without royalties to access his/her User Contribution through the Website and to use, reproduce, distribute, prepare derivative works, visualise or run User Contributions to the extent permitted by the Website functions and in accordance with these Terms.
7.2 The licence rights granted by the User with regard to the User Videos are extinguished when the User Videos are removed or eliminated from the Website by P4P or by the same User, while the rights granted by the User on the Users’ Comments are perpetual and irrevocable.
8. Passion4Profession Website contents
8.1 With the exception of the User Contributions, all of the other Website contents, including but not limited to the text, software, characters, graphics, photos, sounds, music, videos and the interactive elements on the Website (the “Passion4Profession Contents”) becomes the property of Passion4Profession to whom it is also granted under licence, and it is subject to copyright, trademark rights and other intellectual property rights of Passion4Profession or Passion4Profession licensees. Any trademark or third party brand present on Passion4Profession Contents remains the trademark or brand of its respective owner.
8.2 The User hereby confirms that he/she is aware that the videos and in general, the contents of the Website may contain advertising messages that vary in form, content and quantity. The User hereby waives any claims or demands of any kind whatsoever against P4P having regard to the content, form or quantity of any advertising messages contained on the Website.
8.3 The Passion4Profession Contents may not be downloaded, copied, reproduced, distributed, transmitted, diffused, displayed, sold, granted under licence or used in any other way for any other purpose without the prior written consent of Passion4Profession or its licensees or via special sections where authorisation is explicitly supplied by Passion4Profession through downloads that are gratuitous or for payment. Passion4Profession reserves all the rights that are not expressly granted with regard to the Passion4Profession Contents.
8.4 The User expressly acknowledges and accepts that any audio-video material related to physical activity (training, etc…) and/or mental activity (motivational practices regarding self-esteem and inner strength) are of a general character and do not in any way exempt the User or anyone using the site from consulting specialists in the sector of reference, as stated on the pages on which said material can be found and in every single piece of audio-video content.
8.5 Passion4Profession does not carry out or assume the responsibility for carrying out checks or verifications on the physical and/or mental health of the User and/or third parties in relation to the activities and physical and mental practices described on the Website. The responsibility for obtaining a prior medical opinion remains the exclusive responsibility of the User and whoever uses the practices described. Passion4Profession holds no liability whatsoever with regard to the physical or mental consequences deriving from use of the audio and video material contained on the Website. 8.6 The User is absolutely prohibited from transferring, passing on, copying or in any way diffusing the contents to third parties extraneous to the Passion4Profession community. In this regard, the User undertakes to indemnify Passion4Profession against any damages deriving from the non-observance of said restrictions as well as against any claims, actions or demands brought by any person against the User or Passion4Profession – relating to said non observance.
8.7. Passion4Profession warrants that the statements, phrases, maxims and texts contained on the Website do not have and will never have any connection or affiliation of any kind with any ideological movement whatsoever and are exclusively aimed at diffusing the culture and principles of sport and physical and mental well-being.
8.8 The User hereby expressly waives any right or claim against Passion4Profession in reference to any kind of User Contribution or Contribution created by P4P, in relation to the form or the Contents.
9. Authorised downloading services
9.1 For the authorised downloading service contained in the relevant sections, the User may download audio-video files by selecting the related icons. Passion4Profession is free to rely upon third parties for file encoding and file hosting services. The download may be carried out by any User having the required hardware and software, explained in the "Frequently Asked Questions" (FAQ) pages. Passion4Profession is in no way responsible for the User’s failure to possess the required hardware or software.
9.2 To download a file for payment, the User must click on the "buy it" button which is present on the product page. The product will then be added to the shopping cart. After each addition, the User may continue shopping by adding other products to his/her shopping cart. Having selected his/her purchases, the User must proceed to the checkout and select the desired payment method from among those included on the Site, for which P4P uses an external service.
9.3 The prices of the files are those stated in the relative section at the time when the User clicks on the “buy it” button. These prices are given exclusive of VAT. Passion4Profession reserves the right to change the prices at any time.
9.4 Execution of the payment order will be confirmed by P4P through a special e-mail containing the order details and price, sent to the User’s e-mail address.
9.5 Once the download has begun, the User may no longer withdraw from the order to purchase the file, in accordance with Article 55 paragraph 2 letter a) of the legislative decree no. 206/2005.
9.6 P4P assigns a code to each product acquired by the User, and an exclusive user licence that is not transferable in any way or under any form. After payment, the User will be redirected to the Site and may then download the material purchased in the Download section, view it and use it in a strictly private and personal manner on the computer in his/her possession. Users are strictly prohibited from transferring, passing on, copying or in general diffusing the code and the relative exclusive right of licence or the contents of the file downloaded via the P4P download service, to third parties.
10. Passion4Profession hypertext links
10.2 The User recognises and accepts that Passion4Profession is not responsible for the availability of any external site or resource and it does not endorse any publicity, product or other material found on such websites or the resources available through them.
10.3 The User recognises and accepts that Passion4Profession is not liable for any loss and/or damages of any kind that the User may suffer as a consequence of the availability of the website and/or external resources or in relation to any reliance which the User places upon the completeness, accuracy or existence of any advertisement, product or other material found on or made available by external websites and/or resources.
11. Termination of contract with Passion4Profession
11.1 The Terms shall continue to apply until termination by the User or Passion4Profession as set out below.
11.2 The User may withdraw from this contract at any time by notifying Passion4Profession of his/her intentions through the special section “Contacts” and by closing his/her own Passion4Profession account.
11.3 Passion4Profession may terminate its contract with the User at any time, should one of the following events occur: A. If the User has violated a provision of these Terms or if external evidence clearly demonstrates his/her intentions, impossibility or inability to conform to the provisions of the Terms; B. If the termination of the contract is imposed by law and/or the authorities or in any case if the supply of Services to the User is unlawful; C. If the supply of Services by Passion4Profession is stopped for any reason in the state in which the User is resident or where he/she uses the Services; D. If the supply of Services to the User by Passion4Profession is no longer commercially viable.
11.4 Termination of the contract for any reason shall not affect or invalidate the rights, obligations and responsibilities of the parties from which the parties benefit or to which they are or were subject (or any rights or obligations arising during the period of validity of these Terms) or those that are expressed as indefinite – unless provided otherwise – and the provisions of paragraph 14.5 will continue to apply to such rights, obligations and responsibilities indefinitely.
12. Exclusion of warranties
12.1 The provisions of these Terms may not in any way prejudice any unchallengeable provisions in favour of consumers.
12.2 The Services are supplied "as is" and Passion4Profession does not issue nor accept any warranty or representation in this regard.
12.3 In particular Passion4Profession does not represent or warrant: A. That the use of Services will satisfy the needs of the User; B. That the use of Services will be uninterrupted, timely, secure or without errors; C. That any information obtained by the User as a result of using the Services is accurate or reliable; D. That any defects in the operation or function of any software supplied to the User as a part of the Services will be corrected.
12.4 No conditions, guarantees or other terms (including any implied term of satisfactory quality, fitness for a certain purpose or conformity with description) shall apply to the Services, except to the extent expressly provided for in these Terms.
13. Limitation of liability
13.1 Passion4Profession shall not be responsible to the User for: A. Any direct, indirect or consequential loss suffered by the User, including any loss of profit (taking place directly or indirectly), any loss of goodwill or commercial reputation and any loss of data; B. Any loss or damage suffered by the User as a consequence of: i. any reliance placed on the completeness, accuracy or existence of any advertisement or as a result of any relation or transaction between the User and any advertiser or sponsor whose advertisements appear in the Services; ii. any modification that Passion4Profession may make to the Services or for any temporary or permanent interruption to the supply of Services (or any component of the Services); iii. the cancellation, corruption and/or failure to store any User Contribution or any other communication of data maintained or transmitted from or through the use of Services; iv. the User’s failure to supply accurate information to Passion4Profession regarding the account; v. User Violations of the obligation to maintain the password or the details of the Passion4Profession account private and confidential.
13.2 Passion4Profession’s limitations of liability with regard to the User, as stated in the preceding paragraph, apply independently of whether Passion4Profession is aware - or should have been aware - of the possibility of any sort of loss.
14. Final provisions
14.1 The User accepts that Passion4Profession may supply communications, including those related to changes in these Terms, by e-mail, ordinary letter, or notification published on the Passion4Profession Website depending on the nature of the information.
14.2 In the event that Passion4Profession fails to exercise its rights or does not take actions or solutions foreseen under these Terms (including rights from which Passion4Profession may benefit pursuant to any applicable law) this shall not imply nor may it be construed in any way as a waiver by P4P of such rights and/or actions and legal solutions.
14.3 In the event that single clauses contained in the Terms become null and void, unenforceable or ineffective, this shall not affect the contract as a whole, but shall only require replacement of the clause in question.
14.4 The User hereby acknowledges and accepts that each member of the group to which Passion4Profession belongs shall be a third-party beneficiary of these Terms and that these other companies shall have the right to execute or rely upon any provision of these Terms which may grant them an advantage or a right. No other person or company other than those mentioned in this provision shall be considered a third party beneficiary of these Terms.
14.5 The Terms and the contract between the User and Passion4Profession are governed by Italian law and any dispute whatsoever relating to the interpretation, execution or termination of the Contract shall be under the exclusive jurisdiction of the Court of Naples, Italy.
The User confirms that he/she has read and accepts all of the clauses contained in this contract as required by articles 1341 and 1342 of the Italian Civil Code and hereby specifically approves the following points: 2 (acceptance of the Terms), 3 (P4P account), 4 (general use limitations), 5 (copyright policy), 6 (user contributions), 7 (rights granted under licence to the user), 8 (Passion4Profession Website contents), 9 (downloading services), 10 (hypertext links), 11 (termination of the contract), 12 (exclusion of warranties), 13 (limitation of liability), 14 (final provisions).