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Terms and conditions
Vecchio Fabio | VAT 05788490877
Information pursuant to Legislative Decree 9 April 2003. n. 70
The domain name www.cosito.it is owned by Vecchio Fabio, Via Giorgio La Pira 7A 95024 Acireale (CT). For any necessary information, you can contact Vecchio Fabio at the e-mail address info@cosito.it and fabio_vecchio@pec.it
Vecchio Fabio's VAT number is: 05788490877
The rates relating to the services of Cosito.it are present on the pages of the website www.cosito.it to which reference should be made.
Definitions
Developer: Any person or company who registers to develop Websites in accordance with the terms of this Agreement.
User: Any person or company who registers to develop Websites / use the services of Cosito.it in accordance with the terms of this Agreement.
End User: Any person or company who uses a Website created by a Developer.
Cosito.it: (hereinafter referred to as Cosito): The IT platform managed / the Service provided by Cosito with which Developers can create Websites.
Websites: The software, content and digital materials created using Cosito.
Consumer (for the purposes of applying the Consumer Code): the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
1. Introduction
Cosito is a publicly accessible site with which Developers and / or Users can create and manage Websites. In order to create, manage or obtain Websites, the Developer must own and manage a valid Cosito account by joining this agreement.
2. Acceptance of the Agreement
2.1 The use of Cosito for the creation and management of Websites is governed by a legal agreement stipulated between the Developer and / or User and Cosito, which consists of the Cosito Terms of Service and this Agreement. In order for the Developer and / or User to be able to use Cosito to create and manage their Websites, they must accept this Agreement by clicking on "Create Site".
The Developer and / or User cannot create and manage Websites using Cosito if he has not previously viewed and accepted this Agreement.
2.2 The Developer and / or User may not use Cosito and enter into this Agreement if (a) he is not of legal age and, consequently, authorized to enter into a binding contract with Cosito or (b) he is a person or entity that has been prohibited the use of the Cosito software under the laws of Italy, the United States or other countries, including the country of residence or from which you use the Cosito software.
2.3 The Developer and / or User represent and warrant that they have the full powers, ability and authority to accept this Agreement. If Developer agrees to be bound by this Agreement on behalf of your employer or another entity, you represent and warrant that you have full legal authority on behalf of your employer or such entity to this Agreement. If he does not have the necessary authority, he cannot accept the Contract or use Cosito on behalf of the employer or entity in question.
3. Assistance
The Developer will be solely responsible for the provision of assistance and maintenance services relating to its Websites and for any complaints concerning the same. Developer contact information relating to support should be displayed on every page created by the Developer, and made available to end users to enable them to request assistance. Failure to provide adequate assistance with reference to the Developer Websites may, in some cases, result in removal from Cosito.
4. Developer's Use of Cosito
4.1 Without prejudice to the license rights granted by the Developer pursuant to Section 5 below, Cosito agrees not to obtain from the Developer (or its licensors) any right, title or interest under this Agreement in relation to the Products, including the intellectual property rights inherent in such applications.
4.2 The Developer agrees to use the Cosito service exclusively for the purposes permitted (a) by this Agreement and by the rules of the Cosito program, as well as (b) by any applicable law or regulation or generally accepted practice or guideline in the relevant jurisdictions (including such as any laws relating to the export of data or software to and from the United States or other relevant countries).
4.3 In using the Cosito service to create and manage Websites, the Developer undertakes to protect the privacy and legal rights of end users. If users communicate to the Developer, or the Website accesses or uses, usernames, passwords or other access data or personal data, the Developer is obliged to inform end users that he or the Website will access such information, as well as to provide end users with protection and a privacy policy that complies with legal requirements. Additionally, the Website may use end-user information only for the limited purposes for which the end-user has granted permission to the Developer. If the Developer stores, including through the Website, personal or sensitive data provided by end users, such storage must take place in accordance with security measures and only for the period of time necessary. If the end user has entered into a separate agreement with the Developer that allows the latter or the Website produced by him to store or use personal or sensitive data directly related to the Website (excluding other products or applications), the use such information from Developer will be governed by the terms of such separate agreement. If the end user provides the Developer, including through the Website, with details about his / her Cosito account, the Developer may use the aforementioned details, also through his / her Website, to access the end user's Cosito account only when and to the extent that the user has granted authorization for this purpose.
4.4 Unauthorized activities and responsibilities:
4.4.1 The Developer, the User and / or the End User, undertakes not to carry out any activity within the Cosito service, including the development or publication of Websites or other materials, which violates the program regulations. Cosito or that:
knowingly violates a third party's terms of service, violates any applicable law or regulation, interferes with, disrupts, damages, or unauthorized access to computers, hardware, devices, servers, networks, data or other assets, or services owned by third parties, including, without limitation, Cosito users and any network operator, or makes the user unpleasant to use the service by posting repetitive content or misleading information relating to the purpose of an application, violates the rights of intellectual property of other users, allows the unauthorized download of multimedia elements or streaming content, displays (through text, images, videos or other multimedia elements) or addresses to: illegal content, violations of personal privacy or the right of editorial advertising, content that interferes with the operation of servers, networks or services of other parties, incitement to hatred or violence, viol actions of intellectual property rights, including patents, copyrights (please read Google's Digital Millennium Copyright Act), trademarks, trade secrets or other proprietary rights of any party, materials unsuitable for minors or pornography , obscenities, nudity or sex scenes.
4.4.2 The Developer agrees not to access (or attempt to access) the Cosito service by any means other than the interface provided by Cosito, unless specifically authorized by another agreement entered into with the latter.
4.4.3 The Developer may not divert end users or provide links to other sites that imitate Cosito or pretend to be Cosito.
For the avoidance of doubt, Developer may offer Websites as access points to paid services for which customers have registered and for which they have expressly provided payment information.
4.4.4 The Website produced by the Developer cannot use or contain the NPAPI plug-in unless the Developer has prior authorization from Cosito for such use.
4.5 The Developer agrees to be solely responsible for all the Websites created and managed by him with Cosito and the consequences of his actions (including any damage or loss suffered by Cosito or third parties) and for this effect relieving Cosito from any liability in any way connected for such actions towards the Developer himself and third parties.
4.6 Developer agrees to be solely responsible for any breach of its obligations arising from this Agreement, from contracts in force with third parties or third party terms of service, from the application of laws or regulations in force and also for the consequences of violating themselves (including any damage or loss suffered by Cosito or by third parties), as well as that Cosito is not responsible in any way towards the Developer itself and third parties for such violations.
4.7 Product Evaluations.
4.7.1. Cosito will allow end users to make their own judgment with respect to the Websites. Cosito may use or publish performance data, such as percentage view data, to identify or remove Websites that do not meet acceptable standards. determined by Cosito. Cosito reserves the right to show the Websites to users in ways determined at its sole discretion.
4.7.2. The Websites produced by the Developer may be subject to judgments that the Developer may not agree with.
The Developer may contact Cosito if he has any questions or concerns about the method of judgment.
4.8 Marketing of the Product.
The Developer will be responsible for its Websites, for providing end users with the necessary information on the Website, as well as for the precise communication of the security permissions necessary for the Websites to function on end users' computers, hardware or other devices.
5. Licenses
5.1 The Developer grants Cosito and its affiliates a free, non-exclusive and valid worldwide license to host, create links, copy, translate, publicly execute and display, test, distribute and otherwise use the Websites and the contents present in the , available from or transmitted through the Websites.
5.2 The Developer grants the end user a non-exclusive, worldwide valid and perpetual license to run, view and use the Websites and the contents present in, available from or transmitted through the Websites hosted by Cosito. The Developer has the opportunity to choose whether to include a different End User License Agreement (EULA) on its Website which will govern the rights of the same user with respect to the product license.
5.3 Cosito may make use of consultants and other appointees with reference to the execution of the obligations and the exercise of the rights provided for in this Agreement, provided that the aforementioned consultants and appointees are bound by the same obligations to which Cosito is subject.
5.4 The Developer declares and warrants that it owns, and maintains, all the rights necessary to grant licenses relating to the Websites and the content contained therein, available or transmitted through the Websites to Cosito, its affiliates and end users of the Websites Web.
5.5 Subject to the license rights granted in this Agreement, (a) Developer retains all rights in the Websites and (b) each party retains all rights independent of this Agreement, including rights under the U.S. United States Copyright Act or similar laws of other jurisdictions. Cosito acknowledges and accepts, that pursuant to this agreement, not to obtain from the Developer (or its licensors) any right, title or interest in the content sent, published, transmitted or displayed on or through the Websites, including any rights of intellectual property inherent in such content (whether or not such rights are registered and wherever in the world they exist). Unless otherwise agreed in writing with Cosito, the Developer agrees to be responsible for the protection and application of these rights and that Cosito has no obligation to do so on behalf of the User.
6. Distinctive elements of the brand and editorial advertising.
6.1 "Brand Features" means the trade names, trademarks, service marks, logos, domain names and other brand features of each party, owned by (or licensed by) this part when necessary.
6.2 Each party holds all rights, titles and interests, including, without limitation, all intellectual property rights relating to the distinctive elements of its brand. Except as expressly provided in this Agreement, neither party grants, nor does the other party acquire, any right, title or interest (including, without limitation, implied licenses) with respect to the other party's Brand Features. Pursuant to the terms and conditions of this Agreement, the Developer grants to Cosito and its affiliates a limited and non-exclusive license equal to the duration of this Agreement to show the Distinctive Brand of the Developer in order to use them in connection with the Cosito service and fulfill its obligations arising from this Agreement. Nothing set out in this Agreement gives the Developer the right to use the trade names, trademarks, service marks, logos, domain names or other distinctive elements of the Cosito brand.
6.3 Editorial advertising.
Cosito and its affiliates may insert the Developer's Brand Elements, screenshots, videos and demonstrations of the websites produced by him and of the contents present in, available from or transmitted through the same Websites in presentations, materials and marketing events, Developer events, financial statements, website listings (including links to Developer's website), press releases and customer lists (including, without limitation, customer lists posted on Cosito's websites) in order to market the Cosito Gallery, Cosito's products and services or advertise the Developer's Website. Cosito grants the Developer a limited, non-exclusive, effective worldwide and free license to use the distinctive elements of the Cosito brand for the period of validity of this Agreement exclusively for advertising purposes and only in accordance with the Cosito brand guidelines.
7. Removal, control and updates of the Products.
7.1 Developer Removal.
The Developer may remove its Websites from Cosito in such a way that they are not manageable and managed in the future through Cosito at any time, but must comply with the terms of this Agreement in relation to each Website managed through Cosito.
The removal of the Developer Websites from Cosito in such a way that they are no longer distributed through Cosito does not (a) result in the termination or modification of the license rights attributed to the end users who have previously used the Websites or (b) not involves the removal of the Websites from computers, hardware or other devices of end users or from any section of Cosito where information relating to the Website is stored.
7.2 Control and removal by Cosito.
Cosito has no obligation to monitor the Websites or their contents, but may at any time check or test the Developer / User Websites and their source code to verify that they comply with the terms of this Agreement, the program regulations / Cosito service and any other term, obligation, law or regulation in force, and may use automatic methods to carry out such checks.
Cosito reserves the right to refuse to manage and / or register a Website at its sole discretion.
Cosito reserves the right to remove and / or obscure websites that make use of redirects and / or inserted within iframes.
In case of default, the site can be blacked out.
The Developer may be asked for personal identification or contact data as part of the registration procedure with Cosito or the continuous use of the related Services.
The Developer / User agrees to provide Cosito with data that is always accurate, correct and updated. As part of the specification relating to the Website, Cosito may require the Developer to include information such as your name and email address in the presentation of the Website. Cosito may use this information for the presentation of the Website in its directory or for other uses.
If Cosito is informed by the Developer or becomes aware in other ways and evaluates in its sole discretion that a Developer / User Website, a part of it or the Distinctive Elements of the Developer's brand:
(a) violate any intellectual property rights or any other third party rights;
(b) violate applicable laws or are subject to injunction;
(c) contain pornographic, obscene material or otherwise violate Cosito's rules on hosting or other terms of service which may be updated by Cosito occasionally at its sole discretion;
(d) are published or distributed incorrectly;
(e) may give rise to liability on the part of Cosito or third parties;
(f) in the opinion of Cosito contain viruses or are considered by Cosito malware, spyware or harmful to the network of Cosito or third parties;
(g) violate the terms of this Agreement or the rules of the Cosito program;
(h) damage the integrity of Cosito's servers (i.e. users are unable to access the content or encounter difficulties); Cosito may prevent the Website from being displayed, remove the Website from its system, deactivate or remove it remotely from the user's systems or devices, or mark, filter and modify related materials (including, without limitation, descriptions, screenshots or metadata) or reclassify the Website at its sole discretion.
The Developer may contact Cosito if he has any questions or concerns regarding a removal order.
Cosito reserves the right to suspend or prevent access to any website in the system at its sole discretion.
8. Developer Credentials
8.1 The Developer agrees to be responsible for the confidentiality of the credentials that can be issued in favor of the same by Cosito or that can be chosen by the Developer himself. The Developer further agrees to be the only person responsible for all applications developed on the basis of his credentials.
8.2 Cosito may limit the number of Websites that the Developer / User, the company or organization he works for can build and manage.
8.3 Cosito may, at its sole discretion, suspend or terminate the Developer / User right to manage Websites through Cosito for any reason, including but not limited to: (a) violation of the Agreement or the rules of the Cosito program or (b) infringement of any intellectual property right, including copyright. For more information on Cosito's copyright rules, read the information presented here.
9. Privacy and information
9.1 In order to continuously improve and innovate the Cosito service, Cosito may collect some statistical data relating to the use of the Cosito program and users' computers, devices or other hardware, including, by way of example, information on how to use the program. Cosito and the Websites created and hosted therein.
9.2 The data collected is examined as a whole to improve the Cosito program for the benefit of Users and Developers and is kept in accordance with the Privacy Policy applied to Cosito. To ensure the improvement of the Websites, certain aggregate data may be made available to the Developer upon written request.
10. Duration of the Agreement, Cost of the Service and Withdrawal / Termination of the Agreement
10.1 Duration of the Agreement.
This Agreement has a duration of one year and will continue to be renewed until terminated by the Developer, User and / or End User or by Cosito, in accordance with the terms indicated below.
In order to avoid service interruptions (represented by way of example only by the non-renewal of the domain in due time, etc.) the automatic payment system may proceed to debit, from the payment systems already chosen by the Developer and / or User, the 'amount of the cost of the service from thirty (30) days before the expiry date of the contract in execution. In the event that the debit attempts are unsuccessful, Cosito assumes no responsibility for damages, direct and / or indirect, deriving from the non-renewal of all services purchased from third parties that require an annual renewal.
In any case, the automatic renewal will not be effective if the consideration for the service, due according to the payment profile chosen by the Developer and / or User, has not been collected by Cosito at least five days (5 days) before the expiry of the contract already in execution.
10.2 Cost of the Service
The cost of the Cosito service must be understood as annual. It can be paid, at the Customer's choice, either with a single annual payment or with single monthly payments as published on the Cosito home page.
If the Cosito customer chooses the monthly payment method, he can decide to switch to the annual payment method the following year, with the application of the discount provided for the annual payment, but the reverse option is expressly excluded.
10.3 Withdrawal / Termination of the Agreement
10.3.1 Consumer's withdrawal.
Pursuant to art. 52 and following of the Consumer Code in force in Italy, the Consumer alone has the right to withdraw, by sending the appropriate form duly completed and signed (available at this link) to Cosito, from this contract within 14 days from its signing. .
If he makes use of this right of withdrawal, the Consumer will have the right to reimbursement of the amount paid at the time of signing this contract, less all expenses and costs already faced by Cosito up to the time of receipt of the notice of withdrawal, to execute to the signed contract. These expenses and costs will be reported by Cosito at the time of communication to the Consumer of the reimbursement due to him.
10.3.2 Withdrawal from the Contract
The Developer, User and / or End User may withdraw from this Agreement by sending to Cosito the appropriate form duly completed and signed, available at this link, together with a copy of the personal identity document of the user or his representative. legal notice with thirty (30) days' notice (unless this Agreement is terminated pursuant to Section 14.1) and ceasing to use any relevant credentials.
In the event of early termination of this contract, exercised, pursuant to this point, by the Developer, User and / or End User, he will in any case have to pay a penalty equal to the amount still due for the balance of the annual cost of the service.
10.3.3 Termination of the Agreement
Cosito may, at any time, terminate this Agreement with the Developer, User and / or End User, by way of example and not exclusively, if:
(A) the Developer, User and / or End User has violated any provision of this Agreement;
(B) Cosito is required to do so by law;
(C) Cosito decides to no longer provide any service.
10.4 Following the termination of this Agreement, Cosito will cease to distribute the Developer, User and / or End User Website, but may keep and use copies of the Website for support purposes relating to the Cosito service.
11. Disclaimer of Warranties
11.1 The Cosito service is provided "as is" and "as available", with the exclusion, by way of example, of any guarantee relating to the timing, frequency or implementation of the distribution of the developer's product updates.
11.2 The use of the Cosito program and any material downloaded or obtained in any other way through the use of Cosito by the Developer and / or User, is at its sole discretion and at its sole risk and the Developer and / or User is the 'solely responsible for any damage caused to your computer or other device and for any loss of data resulting from such use.
11.3 Cosito makes no warranties, express or implied, including, by way of example, the implied warranties and conditions of merchantability, of the absence of fitness for a particular purpose.
12. Limitation of Liability
The Developer, the User and / or the End User expressly accepts that Cosito, its affiliated and affiliated distributors and licensors, are not liable towards the user of the Cosito service, for any direct, indirect, accidental, special damage. , consequential or exemplary possibly immediately and whatever the cause and presumed responsibility.
This disclaimer includes any loss of data, even if Cosito or its representatives have been advised or should have been aware of the possibility of such loss.
13. Compensation Obligations
Within the limits established by law, the Developer, the User and / or End User agrees to indemnify and hold harmless Cosito, its affiliates and their respective managers, officers, employees and agents from any claim, action, cause or legal proceeding and from any loss, liability, damage, cost and expense (including legal fees) arising from (a) the use of the Cosito service by the Developer and / or User, in violation of this Agreement, the rules of the Cosito program or any law or current regulation, (b) from the violation through the Website of copyright rights, trademark rights, industrial secrets, trade books, patents or any other intellectual property right of any person, (c) from defamatory activities of any person or from violation of your rights of personality or privacy, and (d) from third party complaints arising from or relating to the Website or the use of the Cosito service.
14. Amendments to the Agreement
Cosito may occasionally make changes to this Agreement.
If such changes are made, Cosito will make a new copy of the Agreement available on the Cosito website at http://www.cosito.it/. It is the responsibility of the Developer, User and / or End User to periodically check the terms and conditions of this Agreement. The changes will become effective and will be deemed accepted by the Developer and / or User, (a) immediately for those who become Developers and / or Users following the change, or (b) for those who are already Developers and / or Users, the changes will become effective when the Developer accepts the amended Agreement (subject to the changes required by law which will be immediately effective) or 7 days after the publication of the change if the Developer continues to use the services of the Cosito.
15. General Legal Terms
15.1 This Agreement constitutes the entire legal agreement stipulated between the Developer, the User and / or End User and Cosito, governs the use of the Cosito program and service by the same and completely replaces any previous contract stipulated between them and Cosito in relation to the Cosito program and service. The Agreement with Cosito, the rules of the Cosito program and service and the Terms of Service will be applied in the order indicated if there are inconsistencies between them, to the extent of such inconsistencies.
15.2 The Developer, the User and / or the End User accepts that the failure of Cosito to exercise or apply any legal right or remedy provided for in this Agreement (or from which Cosito benefits under any applicable law) will not be considered as a formal waiver of the rights of Cosito and that such rights or remedies will remain available to Cosito
15.3 If a Court, having legal jurisdiction in the matter, decides that a provision of this Agreement is invalid, that provision will be removed without any effect on the other terms of the Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.
15.4 The Developer, the User and / or End User acknowledges and accepts that each company of the group of which Cosito is the main company will be the third beneficiary of the rights deriving from this Agreement and that such companies will have the right to apply directly and to make reliance on any provision of the Agreement that gives them an advantage or gives them rights in their favor. Other than them, no other person or company will be a third party beneficiary of this Agreement.
15.5 Export Restrictions.
The Websites available in the Cosito system may be subject to export controls or restrictions imposed by the European Union. The Developer, User and / or End User undertakes to comply with all export laws and regulations in force in the European Union. These laws contain restrictions on destinations, end users and end use.
15.6 The rights granted under this Agreement may not be assigned or transferred anywhere (Developer and / or User or Cosito) without the prior written consent of the other party. Neither the Developer nor Cosito may delegate their responsibilities or obligations under this Agreement without the prior written consent of the other party.
15.7 This Agreement and the relationship between the Developer and Cosito established by the Agreement will be governed by the laws of the State in which Cosito is located, without considering the rules of private international law. The Developer and Cosito agree to accept as the exclusive jurisdiction that of the Court in which Cosito is located, for the resolution of any legal matter arising from this Agreement. Nonetheless, Developer agrees that Cosito is still authorized to seek injunctive remedies (or an equivalent type of urgent legal remedy) in any jurisdiction.
15.8 The obligations referred to in Sections 5, 6, 7, 11, 12, 13 and 15 will remain effective even after the expiration or termination of this Agreement.
1. Access to services; Cosito account
In order to use Cosito, the User must create, by registering, their own account on Cosito and add an advertising component, approved by us, within their website.
By adding advertising components, the User agrees to host advertising banners and other content ("Ads") provided by advertising dealers and / or advertisers ("Third Parties") approved and selected by Cosito.
We reserve the right to refuse or limit the User's access to the Cosito Online Service. By submitting an application to use the Services, if the User is a natural person, you declare that you are at least 18 years old.
2. Use of our services
You may use our Services only to the extent permitted by this Agreement. Improper use of our Services is prohibited. For example, the User cannot interfere with our Services nor can he try to access them using a method other than the interface and instructions we provide.
The User can stop using the Cosito Service at any time by removing the advertising component from his Account.
3. Changes to our services; changes to the contract
We are constantly changing and improving our Services. We reserve the right to add or remove features or elements of the Services at any time and we may either suspend or terminate a Service.
We reserve the right to modify the Agreement at any time. We will post any changes to the Cosito Online Terms of Service on this page and to the Cosito Terms and Conditions on the respective pages. The changes will not be applied retroactively and will generally become effective 14 days after their posting. However, changes that correspond to new functions for a Service or changes made for legal reasons will be effective immediately. In case of disagreement with one of the modified terms in the Agreement, the User must terminate the use of the affected Services.
4. Payments
Pursuant to this article and article 10 of these Cosito Online Service Terms, the User will receive a payment proportional to the number of valid clicks and the number of valid Ad impressions displayed on its site, as determined by Cosito in proportion to what received from third parties for those clicks and impressions deemed valid.
Payment will be made by the end of the calendar month following the one in which the balance accrued on the User's Account matches or exceeds the payment threshold, currently set at € 50.00.
In the event of termination, we will pay the User within 90 days from the end of the calendar month in which the balance accrued on the User's Account equals or exceeds the applicable payment threshold.
Unless explicitly authorized in writing by Cosito, the User cannot enter into any type of agreement with another subject in which this subject receives payments made to the User pursuant to the Contract or other financial advantage connected to the Services.
Payments will be calculated solely on the basis of our accounts.
Payments to the User may be withheld to reflect, or modified to exclude, any amount refunded or credited to advertisers and any amount resulting from invalid activity, as determined by Cosito in its sole discretion.
Establishing what an invalid activity is is in all cases the prerogative of Cosito and such activities include, but are not limited to: (i) spam, invalid requests, invalid impressions or invalid clicks on Ads generated by any person , bots, automated programs or similar tools, including through any click or impression originating from the User's IP addresses or computers under the User's control; (ii) solicited clicks or impressions generated by payment of money, misrepresentations, or requests from site visitors to click Ads or take other actions; (iii) Ads shown to site visitors whose browsers have JavaScript disabled; and (iv) clicks or impressions combined with a significant amount of activity described in (i, ii, and iii) above.
In addition to our other rights and remedies, we reserve the right to (a) withhold and set off any payment due to You under the Agreement with any compensation owed to us by You under the Agreement or any other agreement, or (b) request the User to refund us within 30 days of any invoice, any amount that we may have overpaid in previous periods. If the User disputes any payment made or withheld relating to the Services, he must notify Cosito in writing within 30 days of each such payment. In the event of default, any claim relating to the disputed payment will not be upheld. Where an advertiser whose Ads are displayed on any site is in default in payments to Cosito, we reserve the right to withhold the payment or re-allocate it to the User's Account.
To ensure correct payment, it is the User's responsibility to provide and maintain accurate contact and payment details in the Account. Any bank charges applied by those who manage the payment on behalf of the User are charged to the User.
5. Taxes
Between the User and Cosito, Cosito is responsible for all taxes (if any) associated with the transactions between Cosito and the advertisers in connection with the Ads displayed on the sites. All taxes (if any) associated with the Services are charged to the User. All payments to the User by Cosito in relation to the Services will be treated as inclusive of taxes (where applicable) and will not be modified.
6. Intellectual property; elements of the brand
Except as expressly provided in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or the licensors of the other party.
If Cosito provides the User with software in connection with the Services, it grants the User a non-exclusive, non-sublicensable license for the use of such software. This license has the sole purpose of allowing the User to use and enjoy the benefits of the Services as provided by Cosito, in the manner permitted by the Agreement. It is forbidden for the User to copy, modify, distribute, sell or rent any part of our Services or software included in them, nor is it possible to perform reverse engineering or attempts to extract the source code of such software, unless the law prohibits such limitations or that the User has the written permission of Cosito. It is forbidden to remove, obscure or modify the copyright provisions, the Elements of the Cosito trademark or other notices of property rights connected or contained within any service, software or documentation of Cosito.
We grant the User a non-exclusive, non-sublicensable license to use Cosito's trade names, trademarks, service marks, logos, domain names and other distinctive brand elements ("Brand Elements") solely in connection to the use of the Services by the User and in accordance with the Contract and the Instructions relating to the use of the Cosito Trademarks by third parties. We reserve the right to revoke this license at any time. Any goodwill deriving from the use by the User of the Elements of the Cosito brand will belong to Cosito.
We reserve the right to include your name and Brand Elements in our presentations, marketing materials, customer lists and financial reports.
7. Confidentiality
Please refer to the Privacy Policy published on the Cosito website for the terms in which we process the User's personal data and protect the User's privacy when using our Services. By using our Services, the User accepts that Cosito may use such data in accordance with its privacy policies.
By using the Cosito Online Service, the User expressly declares to have read and understood the Privacy Policy published on the Cosito website.
8. Confidentiality
You agree not to disclose Cosito Confidential Information without our prior written consent. "Cosito Confidential Information" includes: (a) all Cosito software, technology and documentation relating to the Services; (b) statistics relating to the use of the Service; (c) the existence of, and information on, beta elements in a Service; and (d) any other information made available by Cosito that is defined as confidential or that would normally be considered confidential according to the circumstances in which it is presented. The Confidential Information of Cosito does not include information already known to the User before his use of the Services, which becomes public not for the User's responsibility, which has been developed independently by the User or which has been lawfully provided to the User. from third parties.
The User, however, can reveal the exact amount of the gross payments received by Cosito deriving from the use of the Services.
9. Termination
The User can terminate the Agreement relating to the Cosito Online Service at any time by completing the procedure for removing the banners from the Account and subsequent written communication to info@cosito.it. The Contract will be considered terminated within 10 working days of receipt of the User's notice by Cosito. If the User terminates the Contract and has accrued a balance equal to or exceeding the applicable threshold, Cosito will pay the User the accrued balance within approximately 90 days from the end of the calendar month in which the Contract was terminated. As a penalty, any balance accrued up to the time of withdrawal below the applicable threshold will be forfeited by Cosito.
Cosito may at any time terminate the Agreement, suspend or revoke the participation of any Account in the Services for any reason. If we terminate the Agreement as a result of a breach by the User or due to invalid activity carried out by the User, we reserve the right to withhold unpaid amounts or re-charge them to the User. In case of violation of the Agreement by the User or suspension or termination by Cosito of the User's Account, the User will not be allowed to create a new Account.
10. Indemnification
The User agrees to indemnify and defend Cosito, its affiliates, agents and advertisers from and against any and all third party claims and liabilities arising from or connected to their Account, including any content made available in the Account that is not provided by Cosito. , the use of the Services or the breach of any term of the Agreement by the User. Cosito advertisers are third party beneficiaries of this indemnity.
11. Statements; guarantees; disclaimers
The User declares and warrants (i) that he has full powers and authority to enter into the Agreement; (ii) that I own, or be legally authorized to act in the name and on behalf of, the owner of each Account; (iii) to be the person who takes the technical and editorial decisions in relation to each Account for which the Services are implemented and to have control over the ways in which the Services are implemented for each Account; (iv) that Cosito has never previously revoked or otherwise disabled a Cosito Account created by the User following a breach of the Agreement or due to invalid activity by the User; (v) that the stipulation or execution pursuant to the Contract does not violate any contract that the User may have with third parties or any third party rights; and (vi) all information provided by the User to Cosito is correct and current.
Each party warrants to the other that it will use reasonable care and skill in complying with its obligations under the Agreement.
Except as expressly set forth in the Agreement, we make no promises regarding the Services. For example, we make no commitment regarding the content within the Services, the specific function of the Services, or their profitability, reliability, availability, or ability to meet the User's needs.
No conditions, warranties or other terms are applicable to any Service or to any other good or service provided by Cosito under the Contract unless expressly stated in the Contract. No implied conditions, warranties or other terms apply (including any implied terms of satisfactory quality, fitness for purpose, or conformance to description).
12. Limitation of Liability
Nothing in the Agreement will exclude or limit any party's liability for (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) any fact that cannot be excluded or limited by law.
Neither party shall have any liability (whether contractual or non-contractual) under or in connection with the Agreement for any special, indirect or consequential loss (whether such loss was foreseeable, known or otherwise).
The overall liability of each of the parties (whether contractual or non-contractual or otherwise) pursuant to or in connection with this Agreement will not exceed the net amount due to the User by Cosito in the period of 12 months immediately preceding the first date on which such responsibility emerges.
The limitations and exclusions of liability in this section 13 do not apply in relation to any liability you may incur under section 7 (Intellectual Property; Brand Elements), 9 (Confidentiality) or 11 (Indemnification).
13. Miscellaneous
13.1 Entire Agreement; changes.
The Agreement constitutes our entire agreement in relation to the use of the Services by the User and supersedes any previous or contextual agreement having such object. Neither party shall have any right or compensation based on any statement, representation, or warranty (whether made negligently or without fault) not expressly set forth in the Agreement. This Agreement may be amended (i) in writing where signed by both parties and expressly required to modify the Agreement, or (ii) as set forth in section 4, if the User continues to use the Services after the Agreement has been modified. by Cosito.
13.2 Transfer.
The User cannot assign or transfer any of his rights under the Agreement.
13.3 Independent Entities.
The parties are independent entities and the Agreement does not create any agency, partnership or joint venture relationship.
13.4 No Third Party Beneficiaries.
Except as set forth in Article 10, this Agreement does not create any third party beneficiary rights.
13.5 No Waiver.
Except as set forth in Article 4, failure by either party to enforce any provision of the Agreement will not constitute a waiver.
13.6 Severability.
Where it becomes apparent that a particular term of the Agreement is not applicable, the remainder of the Agreement will remain fully in force and enforceable.
13.7 Survival.
The effects of articles 6, 8, 9, 10, 12, and 13 of these Online Terms of Service of Cosito will survive the termination of these Terms of Service.
13.8 Applicable law; jurisdiction.
The Contract is governed by Italian law and the parties refer any dispute (contractual or extra-contractual) concerning the Contract to the exclusive jurisdiction of the Court of Catania.
13.9 Force majeure.
Neither party will be liable for inadequate performance to the extent that it is caused by a condition (for example, natural disaster, act of war or terrorism, riot, working conditions, government action and problems on the Internet) that is beyond reasonable part control.
13.10 Communications.
In connection with the use of the Services, we may contact the User in connection with service announcements, administrative messages and other information. The User can opt out of some of these communications in the Account settings. For information on how to contact Cosito, please visit our contact page.
Cosito Express service contract
1. Introduction
With the Cosito Express Service, the User entrusts Cosito with the task of creating a site with the features listed below.
2. Characteristics of the service
By subscribing to this service, the User entrusts Cosito with the study, design and creation of a showcase site, useful for adequately presenting its business by inserting textual content and images provided by the Customer on a site. web having a standard architecture.
In its standard composition, the site will consist of 3 pages:
1. Home
2. Who we are
3. Contacts
Cosito will create and deliver to the Client a single site proposal; any changes, additions and / or updates must be made by the Customer in total autonomy. Cosito will assume the task of modifying, integrating and / or updating the website created pursuant to this contract, only after an additional agreement to be entered
into with the Customer.
3. Disclaimer of Liability
Cosito assumes no responsibility for the content and lawfulness of the textual and graphic contents provided by the Customer, and for any damage and liability in any way connected and deriving.
Cosito, however, reserves the unquestionable right to refuse the publication of material deemed illicit, illegal, obscene, or in any case contrary to ethics, good taste or the good name of Cosito.
4. Methods of execution of the service
The Free User, who purchases the Pro annual subscription, will be provided with a form to fill in with the text for each section of the site and the list of necessary images. In order to execute this contract, the Customer must therefore send the form filled in with the text for each section of the site and the list of necessary images to the following address info@cosito.it;
Cosito undertakes to deliver to the Customer a single project of the commissioned website within 15 working days from Cosito's acceptance of the delivered material. The parties acknowledge to Cosito the right to extend the delivery time up to 30 working days, if it deems in its sole discretion that it needs to discuss the text or graphic content received with the Customer.
The Customer may decide to modify the website delivered to him by Cosito but cannot refuse it.
5. Withdrawal clause
The Consumer will have the right to withdraw from this contract within 14 days from its stipulation, being entitled to a refund of the amount paid for the service (given by the difference between the cost of the Cosito Pro service at the time of signing the contract and the amount paid by the Consumer), after deducting the costs already incurred by Cosito to execute the contract, as per the prospectus that will be communicated.
The withdrawal governed by this article must be communicated by sending the corresponding communication to the following address support@cosito.it indicating the subject "Withdrawal from the Cosito Express service". This communication must be sent by the email indicated by the Customer when registering for the Cosito service.
The withdrawal from the Cosito Pro Service necessarily entails the simultaneous withdrawal from the Cosito Express Service.
GENERAL TERMS AND CONDITIONS "ADDITIONAL SERVICES"
Pursuant to this regulation, "additional services" are understood to be services that can be activated and requested only by "PRO" customers (those who have already subscribed to a professional service).
By clicking on the "access the service" button, you declare that you are legally capable of stipulating the corresponding contract and the following general conditions of contract are understood to be accepted, where not expressly regulated they refer to the application of the general conditions of the Cosito Pro Service and subject to the Civil Code Italian.
SEO: at a unit cost of € 319, Cosito will provide advice on the best strategies to use to optimize the positioning of the site in search engines. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer so-called Consumer only until this service is provided. The Service will be provided by carrying out a careful analysis of the site for which it is requested and sending a report with the changes to be made to the site itself. Cosito assumes no guarantee on the degree of optimization obtainable through this Service.
PROTECT YOUR BRAND: Cosito provides its Customer with the tools to check which extensions (eg .it, .edu, .gov, etc.) are still available for the domain they already use. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer so-called Consumer only until it is dispensed. The cost of the registration of the extensions chosen by the Customer is at his own expense. Since the search for extensions has no booking effect, Cosito assumes no guarantee that their actual availability will remain between the time the search results are made available to the Customer and the time when the Customer proceeds to purchase them. .
YOUR LOGO: with this Service, Cosito offers personalized advice in relation to the improvement of the Logo chosen by the Customer. Cosito assumes no guarantee as to the results obtainable with this Service. This Service is subject to withdrawal within 15 days from its subscription in favor of the Customer so-called Consumer only until it is dispensed.
YOUR APPLICATION: with this additional service, Cosito provides its customers with the tools to create applications that work on mobile devices in an android or apple environment. The cost of this service is € 99.00 per year, to be paid at the time of subscription. For Customers who fall within the definition of Consumers, it is possible to withdraw from the contract within 15 days from its signing. The withdrawal will result in the cancellation of all applications that have been completed in the meantime. Cosito assumes no guarantee regarding the correct functionality and contents of the application compiled by the Customer, who remains solely responsible for all possible guarantees due to third parties for the use of the application or its contents. The Customer will be liable towards Cosito for all damages deriving from the creation and / or dissemination of the applications created with this Service. Cosito reserves the unquestionable right to delete, even temporarily, applications that are the subject of reports from third parties (Public Authorities, Private, Associations) relating to the lawfulness, morality and / or opportunity of the content, purpose and / or use of the applications created with this Service.
SOCIAL: with this Service Cosito provides advice in "social managing" which includes a series of advice relating to strategies, contents and products to be published on social media. Cosito does not assume any guarantee regarding the results obtainable with this Service, but its many years of experience in this field is an indication of the reliability of the communication strategies prepared for the Customer's needs. It is possible to request the "basic" plan of this Service at the price of 99 € per month. Within the month of subscription, 4 posts will be produced (1 per week) on one of the following Social Media: Facebook, Instagram or Google+. To create editorial plans other than the "basic" plan, a proposal will be formulated with an ad hoc price, based on the needs of the end user.
VIDEO REALIZATION: at the unit cost of € 619.00, plus travel expenses, a Cosito representative will carry out an interview with the Client and a video of his company in order to create an advertising video lasting one minute. The rights relating to the exploitation of the product created will be transferred by Cosito upon acceptance without reservation of its delivery, which will take place with the streaming of the same video to the Customer. Cosito assumes no guarantee regarding the intellectual property and the exploitation rights of the images requested by the Client. Cosito reserves the right to use the videos made in this way for its own commercial purposes.
TRANSLATION: at the unit cost of € 619.00, Cosito offers its customers a translation service for the pages of the site in the most popular languages (Italian, French, English, Spanish, etc.). The content to be translated cannot exceed the maximum limit of 6,000 words.