IKIKOO -- Terms of use

Terms of use

Premise and definitions

Welcome to our web site

For the avoidance of doubt, www.ikikoo.com provides services not goods.

The items or services offered are supplied by third parties not by www.ikikoo.com.

This contract is made between www.ikikoo.com and You ("the User").

If You wish to avail services via this website, You must agree to the terms here below as the exclusive basis which governs such transactions and must accept these terms.

If you do not agree to any of the terms, please do not use this website.

Therefore the present terms of use refer to an agreed contract between www.ikikoo.com and You through your use concerning www.ikikoo.com services (as specified therein) which implies the acceptance of the present notice.

The contract is intended to be entered at the time You open your web account with www.ikikoo.com platform.

The contract consists of general terms of use describing in detail every kind of service typology chosen by You, your personal data, your possible compensation and the duration of your business relation.

These present terms of use apply to the available services on www.ikikoo.com and the other correlated websites where these terms of use appear.

These terms of use have come into force from January the 7th 2011.

Under the present contract the following terms may appear with their respective and specific meaning:

Account: it is composed by a User’s ID and a password to identify the user.

Asset: item of property owned by a person or company, regarded as having tangible or intangible value;

Back-up: the procedure for backing up data (e.g.: a copy made in such a way);

Browser: a program with an interface for displaying HTML files, used to navigate the World Wide Web;

Buyer: a person who buys from a seller;

Equipment: the items needed for a particular purpose;

FAQ: frequently asked questions;

Intellectual Property Rights: intangible property that is the result of creativity, e.g. patents, trademarks, designs, copyrights, registered and unregistered worldwide;

Lessee or tenants: a person who holds the lease of a property; (Law) a person in possession of real property by any right or title;

Link: a code or instruction connecting one part of a program, website, etc. to another;

Liquidator: a person appointed to wind up the affairs of a company or firm;

Material: the item or service which the seller is offering to sell or information relating thereto. Where the material is a service the provisions of this contract which relate only to products/services shall be read as inapplicable but this shall be without prejudice to the application of such provision to information on the website relating to such service;

Netiquette: the correct or acceptable way of using the Internet;

Network: a number of interconnected computers, machines, or operations;

Newsgroup: an Internet forum for the discussion of a particular topic;

Password: a secret word or phrase (formed with numbers or/and letters) used to gain admission or access to something;

Real estate: real property consisting of land, building, apartment for office, license, etc.;

Registration Details: the details which a Buyer/tenant or Seller/leaseholder must provide on registering for the website including name, physical address, email address, age, bank account and credit, debit or charge card details;

Sale: a sale effected as direct or indirect result of marketing through website;

Seller: a person who sells something;

Server: a computer or computer program which manages access to a centralized resource or service in a network;

Service: the provision of the website as a forum for sales;

Spam: irrelevant or inappropriate messages sent on the Internet to a large number of newsgroups or users (e.g. undesired e-mails, etc.);

Trustee in bankruptcy (official receiver): a person taking administrative responsibility for the financial affairs of a bankrupt and the distribution of assets to creditors;

Unacceptable: material which under the laws of any jurisdiction from which the website may be accessed may be considered either:

a) illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);

b) in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);

c) to contravene legislation, including without limitation, that relating to weapons, animals or alcohol;

d) might harm www.ikikoo.com reputation.

Usenet: an Internet service consisting of thousands of newsgroups;

User: a person who uses or operates something, as buyers, sellers, licensees, lessees, etc.;

User’s ID: it is the code used by a User to identify himself when he logs into a system and starts a Login Session;

URL (Uniform, or universal, Resource Locator): the address of a World Wide Web page; standard method to communicate with a server and to locate a website;

Web hosting: a computer which mediates multiple access to databases or provides other services to a network; it represents a way to make public one or more websites;

Website: a location connected to the Internet that maintains one or more web pages;

www.ikikoo.com: website = www.ikikoo.com is legally able to enter into contracts.

Users declare they came of age and have the technical knowledge to use the requested service.

Present premises, above definitions and the privacy policy form an integral and substantial part of this contract.

www.ikikoo.com services use and publication rules.

Users undertake to publish their announcements in the more convenient section of our website and to not commit the following operations:

- to violate laws that are still in force or the present publication rules;

- to publish announcements containing false or misleading information;

- to publish announcements violating third party rights;

- to send spam, chain letters or pyramid scheme proposals;

- to spread computer viruses or other technologies which can damage www.ikikoo.com website or its Users;

- to carry out actions that could cause a senseless overload to www.ikikoo.com technology infrastructures and interfere with the proper working of its website;

- to copy, to reproduce, to alter, to modify or to spread published contents from other Users without their express consent;

- to use any robot, spider, scraper or other automated means to access www.ikikoo.com website in order to collect contents and information for any purpose and without a prior express written consent of www.ikikoo.com;

- to collect personal information from other www.ikikoo.com website Users, including their email addresses, without their express consent;

- to avoid the measures adopted to prevent or limit www.ikikoo.com website access.

In case of violation of the present paragraph or of unacceptable publication:

www.ikikoo.com reserves the right to withdraw any material from its website without prior notice.

www.ikikoo.com reserves the right to suspend or remove Users’ accounts where, at its absolute discretion, it deems such suspension right or necessary.

In the event of such suspension or termination, www.ikikoo.com will notify its Users by email and Users must not seek to re-register either directly or indirectly through a related entity.

Users are the sole and personally responsible for the preservation and privacy of their own account and, consequently, continue to be the sole responsible for all of their uses, whether they are authorized or not.

Users undertake to log off from their own account at the end of every session while using the service.

Users are the sole and personally responsible for using the service as well as the possible prejudicial consequences that may fall on suppliers and third parties, referring to Italian law in civil and penal matters, and as far as applicable to foreign law.

Users must not give or divulge (directly or indirectly) their User’s Id and/or password to third parties and must immediately communicate the theft and/or the disappearance and/or a not authorized use by third parties of their own User’s Id and/or password; the responsibility is of the users and not of the service provider. Users are solely responsible for every or any request, also for any possible damage, proposed by and/or derived, directly or indirectly, by misuse or abuse of the service and/or the account.

As has already been agreed here above, Users are obliged to:

a) not to interfere with or disrupt the services, or servers or networks connecting to the service, not to act in contrast with any procedures or rules of the service;

b) not to use this service for illegal purposes or against public order offenses, morality and morals;

c) not to use the service to send or spread (also through links) illicit, pornographic, racist, or privacy damaging and/or anyhow obscene, vulgar, defamatory, or abusive material;

d) not to send material and/or messages encouraging third parties to put illicit and/or criminal conduct into practice subject to criminal or civil liability;

e) to observe and let observe to any person who uses this service, all regulations, policies and procedures of networks related to the service itself;

f) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service or the service itself;

g) not to use or disclose any content of the service that infringes any patent, trademark, trade secret, copyright or other industrial property rights and/or intellectual property rights of the supplier or of third parties;

h) not to send commercial messages and/or promotional or not to engage "spam" activities, "chain letters" and any other form of unauthorized solicitation towards UseNet discussion groups (known as "newsgroups") and/or users’ addresses having no business relationship with the sender;

i) not to disclose information to third parties in relation to systems and methods for accessing to this service;

However, it is expressly forbidden for anyone to use the service to infringe directly and/or indirectly with the applicable laws of the Italian State, or any other foreign country of the users.

You agree to use the information provided by the service for your personal use only and not to transfer (either directly or indirectly) to third parties this service neither for a valuable consideration nor free of charge.

You can transfer the information made by the service to other computers for your personal use only and within your home or corporate structure anyway.

You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.

The User agrees that the technical processing, transmission or spreading of the service, including its contents, may include the transmission or distribution of contents through other networks and the supplier’s necessity to make changes to the service in order to conform and adapt it to technical requirements, to the standards connection of their networks or the equipment and connection programs.

Object of the contract

This website provides an on-line forum assigning tangible and intangible assets of firm or business and also to promote the insertions of specialized employment.

www.ikikoo.com allows you the right to use part of the fixed memory of their servers, connected permanently to Internet telecommunications network in order to carry data provided by You, accessible from the network, including the type of service chosen.

You acknowledge and agree that these areas remain in the full ownership and exclusive availability of www.ikikoo.com, which reserves the right to physically share these spaces with other users.

You acknowledge and agree that the You are the sole responsible for the business relationships with your own contacts -through the service provided- as www.ikikoo.com completely unrelated to contractual relationships between you and other third parties. AscoltaTrascrizione fonetica

Suspension of service

www.ikikoo.com reserves the right to suspend and/or stop using the service or temporarily or permanently disconnect Users’ accounts and this without any refund, indemnity and/or compensation, with the consequent and subsequent cancellation of Users’ account, if it becomes aware or determines, in its sole discretion, that Users have violated or are violating the requirements of general limitation of use, and the regulations in force (including those relating to the privacy), giving notice to Users via e-mail.

www.ikikoo.com also reserves the right to suspend your use of the service, if it becomes aware of or it deems, in its sole discretion, that one of the following circumstances has occurred or is occurring:

a) a use of the service which constitutes a danger or instability for the server likely to cause damage to www.ikikoo.com;

b) an abnormal traffic or likely to obstruct the normal supply of the service for any other users;

c) if the public authorities or other third parties communicate to the supplier a misuse, improper or not in accordance with the netiquette rules of the service by the customer.

www.ikikoo.com will finally weigh the so-called "dubious" material in its sole discretion and upon notice by email to the customer for clarification, and it will rule on the suspension of its service.

www.ikikoo.com reserves, however, any recourse and/or damages or otherwise required by law against the responsible for said violations or the right to exercise the express termination clause.

Fees and services. Duration of contract

Using this website is free for one year as from the first use of itself.

However some services may hereafter be charged.

If the service you use will be subject to payment of some fees, you can view and accept these rates under the conditions that will be provided before the publication of the announcement.

Rates will be expressed in Euro or in any possible future currency and might be subject to changes from time to time.

Any possible changes on rates rules will be posted on the website itself.

In case of promotions or new services rates might temporarily change and these changes will take effect from the time the promotion or the new service will be announced.

The payment of such compensation will be paid outright in advance through the form of the chosen payment.

VAT must be added to all fees.

The parties agree that the contract (and the relative insertion) will remain in effect for a period of one year and it will become effective after the activation of your own account.

The parties agree that upon its natural expiry date, this contract will be tacitly renewed for the same duration, and so from year to year, unless one of the parties wishes to withdraw from the contract in which case the other party must be informed of this intention by email, at least no less than 30 (thirty) days before the deadline, unless any other written agreements between the parties during the term of the contract.

Website Content: www.ikikoo.com - Intellectual Property Protection

www.ikikoo.com hosts contents owned by www.ikikoo.com and by the Users.

www.ikikoo.com is protected by international copyright laws and conventions.

Contents displayed on or through www.ikikoo.com are protected as a collective work and/or a collection of works in accordance with international copyright laws and conventions. You agree not to copy, distribute or modify these website contents subject to copyright, trademark or other intellectual property rights, not to copy, distribute or modify the contents of this website without the express written consent of www . ikikoo.com.

You cannot disassemble or reverse engineer, derive source code or by any other means attempting to obtain this website's source code.

Notwithstanding the foregoing, You agree not to reproduce, duplicate, copy, sell, resell or exploit any content (without prejudice to its own contents).

By submitting your own contents, you grant and warrant that you have the relevant rights, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable, to the use (including, without limitation, the right to exercise the copyright, publicity rights and rights on the database) of such contents (including, without limitation, the right to reproduce, distribute, disclose, transform, and "make available to the public" those contents) by any means and modes of exploitation.

www.ikikoo.com reserves the right to remove contents if there is any reason to believe that they violate these terms or the rights of third parties.

www.ikikoo.com takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold www.ikikoo.com liable in relation to such issues, www.ikikoo.com requests all Users to report such matters immediately and www.ikikoo.com shall inform the appropriate authorities.

The user undertakes not to publish on this website contents infringing third party rights.

Among these contents are included, but not limited to, those that violate intellectual property rights such as copyrights and trademark rights (e.g. the sale of counterfeit products).

www.ikikoo.com reserves the right to remove contents if it has reason to believe that they might violate these Terms and Conditions of Use, the rules of www.ikikoo.com, or third party rights.

For reporting a listing that you believe to be infringing on your intellectual property rights, please follow the steps below: only holders of intellectual property rights may indicate articles or ads that are potentially injurious to their rights, through the Program for Notices of Violation (NOVs). If you have reason to believe that an advertisement published on www.ikikoo.com violates your rights, copyrights, trademark rights or other intellectual property rights, please download the form for notification of breaches, then fill www.ikikoo.com and send it to the following email address: 109/B Via Paretone, 74015 Martina Franca (Ta), Italy. Once we receive your form, www.ikikoo.com will confirm participation in the Program for infringement notifications and provide information on how to submit subsequent reports via email.

“Ikikoo” is a registered trademark of Francesco Paolo Fumarola.

Limitation of Liability

The following provisions may be curtailed or disallowed by the laws of certain jurisdictions.

In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such law.

www.ikikoo.com has no control or responsibility over the quality, safety, morality, legality for the contents posted by Users on its website.

To the extent permitted by law, www.ikikoo.com is in no way responsible for economic losses, direct and indirect damages, even to the image, that may be suffered by Users or by third parties as a result of the use of this website and/or its services.

Whilst www.ikikoo.com will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading information or any Material from the Website.

www.ikikoo.com shall not be liable for ensuring that the Material on the Website or supplied by virtue of a Sale is not Unacceptable Material and the Buyer/ Lessee in making any purchase from the Website accepts that it does so exclusively at its own risk.

www.ikikoo.com is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.

None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of www.ikikoo.com or its appointed agents.

www.ikikoo.com shall not be liable for any interruption to the Service, whether intentional or otherwise.

www.ikikoo.com shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to eventual payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

Neither www.ikikoo.com nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.

www.ikikoo.com is not responsible for the direct or indirect consequences of you linking to any other website from this website.

Force majeure clause

You further acknowledge and agree that www.ikikoo.com will in no case be considered liable to you or any third party for the delay or failure to perform its obligations due to unforeseeable circumstances or force majeure such as, but not limited to, acts of public authorities, flood, fire, theft, explosion, accident, strikes and lockouts also non-business, war, embargo, lack of transport, suspension or telecommunication problems, lightning, failure of systems beyond www.ikikoo.com to, interruption or overload of energy flows, failure or interruption of telephone lines due to the activity of the operator (or lessee) of the same lines and caused outages or suspensions or otherwise beyond the control of the supplier or from third-party suppliers of the service provider.

Misuse of website

www.ikikoo.com asks: please use the reporting system to tell us any problems or offensive content so that together we can keep our website working properly.

www.ikikoo.com reserves the right to restrict or prohibit access to its service, to remove hosted contents or to take any technical or legal measures necessary to exclude from its website users who have taken conduct contrary to www.ikikoo.com rules of publication and/or these Terms of Use.

In any case, www.ikikoo.com is a provider of services and cannot be held responsible for unauthorized use or abuse of its services by Users of this site.

Warranties and indemnities.

www.ikikoo.com does not represent or warrant that the information accessible via this website is accurate, complete or current.

www.ikikoo.com has no liability whatsoever in respect of any use which Users make of such information.

Material has not been written to meet the individual requirements of the Buyer/Lessee and it is the Buyer/Lessee 's sole responsibility to satisfy itself prior to entering into a Sale/Lease that the Material is suitable for its purposes.

All warranties, express or implied, statutory or otherwise are hereby excluded.

The User hereby agrees to indemnify www.ikikoo.com against all liabilities, claims and expenses that may arise out of any breach of this Contract by the User.

You acknowledge that the supplier is unable to exercise any control over the content of this page and/or website subject matter of this service.

You therefore agree that the supplier cannot in any way be responsible for the inactivity or lack of service or malfunction of the equipment or material of the service, respectively owned or proposed by you. AscoltTrascrizione fonetica

The User also acknowledges and expressly agrees that use of the service and the preservation and dissemination of information obtained or provided through the use of the service is done at your own and sole risk and that the User is solely and exclusively responsible for any damage to your computer system or loss of data resulting from having used the service.

You agree that you have read the typology specifications of the chosen service.

You acknowledge and agree that www.ikikoo.com gives no warranty of any kind, express or implied, of merchantability, compatibility or fitness for a particular purpose of the Users or any third parties and also does not give any assurances regarding the fact that the material or services published on www.ikikoo.com meet the requirements and needs of the Users themselves.

You acknowledge and agree that www.ikikoo.com makes no warranties about the results that may be obtained from the use of this service, about service software and hardware errors, or inherent to the reliability of any information obtained by you through this service.

Personal data.

By using this website, you agree that www.ikikoo.com (the "data controller") collects, processes, discloses, transfers and stores your personal information on www.ikikoo.com servers located in the European Union, as described in our Privacy Policy, which refers in its entirety and should be understood as an integral part of this contract.

Jurisdiction and Venue. Communications - Any Other Business (AOB).

These Conditions of Use and all the rules of this website referred to herein, constitute the entire contract (agreement and understanding) between you and www.ikikoo.com and supersede any previous contract.

This contract is governed by Italian law.

The parties hereto submit to the exclusive jurisdiction of the Court of Taranto-Martina Franca division any disputes arising from these Terms of Use.

If any provision of these Terms of Use is found to be invalid or unenforceable, any invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this contract.

Failing to exercise one of its own rights from www.ikikoo.com is not a renunciation of itself to proceed against you or third parties for breach of undertakings and obligations contained in these Terms of Use.

www.ikikoo.com may assign these Terms of Use and any claims arising from themselves at any time.

You may not assign or otherwise transfer your rights or obligations under this Contract without www.ikikoo.com prior written consent.

With the exception of illegal contents reports or that violate any intellectual property rights, any communication must be sent via email to the following address: 109/B Via Paretone, 74015 Martina Franca (Ta), Italy.

We will send all communications to the email addresses given by the Users during the registration process.

Alternatively, we may send a registered letter to the postal address You notified to us. www.ikikoo.com may change the content of these Terms of Use at any time by posting the new version on its website.

The new terms and conditions will automatically be effective after 30 (thirty) days from the date of publication on this website or when using our services, made by the Users after the modification, whichever occurs first.

Prior to entering into a transaction, User should check that the effective date has not altered.

If it has, the User should examine the new set of terms and only enter into a transaction if it accepts the new terms.

No other changes to this contract shall be effective unless approved in writing by www.ikikoo.com and by its users.

Users can post questions, comments or complaints to the following email address: info@ikikoo.com.

If any provision of this Contract or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

Any notice given pursuant hereto may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update ikikoo.com of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same shall has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.

Any delay or forbearance by www.ikikoo.com in enforcing any provisions of this Contract or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.