Terms of Service

1. Object

• 1.1 These Terms of Use (hereinafter “Conditions”) govern the methods and terms with which Comelicotrekking di Pontil Scala Martin (hereinafter “Comelicotrekking”), provides the User with access to the website https://www.comelicotrekking.com (hereinafter “the Site”), to the related IT and telematic services (hereinafter jointly understood with the term “Service”).
• 1.2 The Service is provided by Comelicotrekking through the internet according to the following Conditions published on the Site that the User explicitly declares to know and accept.
• 1.3 These Conditions are of a general nature, apply to all Users of the Site.

2. Use of the Service

• 2.1 Use of the Site implies acceptance of these Conditions, as well as of the content of the documents, of the rules, of the provisions and procedures referred to by them, making them binding on the User.
• 2.2 The Service is provided by Comelicotrekking free of charge and for an indefinite period, without prejudice to the right to suspend it partial or total, temporarily or permanently.
• 2.3 Upon termination of the Service, access to it will be disabled and Comelicotrekking may delete the data saved by the User.
• 2.4 The User declares to indemnify and hold Comelicotrekking harmless from any liability and / or related damage request disabling the Service, disabling the account and deleting data, information and content allocated on the server.

3. Eligibility for the Service

• 3.1 To be able to use the Service, the User must possess the following requirements and guarantee:
  1. to be at least 18 years old;
  2. to agree to procure at its own expense all devices, software and Internet access necessary to use the Service.

4. Activation of the Service

• 4.1 The User acknowledges and accepts that he will be held solely and exclusively responsible for the use of the Service, as well as for the material and data, including personal data, processed by him, communicated or disseminated through the Site.
• 4.2 Comelicotrekking reserves the right not to proceed with the activation of the Service or to interrupt its supply and to disable the account, in its sole discretion, in cases of violation of these Conditions.

5. Authentication credentials

• 5.1 Access to the Service takes place through the use of identification codes (login) and assigned keywords (password) to the User from Comelicotrekking.
• 5.2 The User, having acknowledged that third party knowledge of his authentication credentials could allow them last the undue use of the Service, undertakes:
  1. to keep and use these credentials with the utmost confidentiality and iligence;
  2. not to allow other subjects to use their account;
  3. not to use the account of other Users;
  4. not to sell, sell, market or transfer your account;
  5. to promptly notify Comelicotrekking of any unauthorized use of its credentials authentication and any security breach of which he becomes aware, including their theft or loss.

6. Sharing content and information

• 6.1 The User is the owner of all the contents and information published by him on the Site and can request their cancellation at any time moment, without prejudice to the hypothesis of saving or archiving information or content shared by other Users.
• 6.2 Comelicotrekking reserves the right to keep the contents removed from the backup copies for a certain period of time from site
• 6.3 With regard to all information provided to Comelicotrekking or otherwise published on the Site (including its contents covered by intellectual property rights, such as photos and videos), the User grants Comelicotrekking a free right exclusive, irrevocable, valid worldwide, perpetual, unlimited, transferable and sub-licensable, to copy, prepare works derivatives, enhance, distribute, publish, remove, retain, add, process, analyze, use and market, in any way now known or discovered in the future without further consent or notice to the User or third parties.

7. Prohibitions

• 7.1 The User is expressly prohibited from:
  1. publish unauthorized commercial communications (e.g. spam);
  2. use the Service to undertake marketing actions or for any commercial purpose;
  3. try to obtain login information or access other users’ accounts;
  4. denigrate, intimidate or harass other users;
  5. publish defamatory, threatening, pornographic or content that incites hatred, discrimination or violence;
  6. use the Service to advertise or promote tenders, offers or sweepstakes;
  7. use the Service for illegal, deceptive, malicious or discriminatory purposes;
  8. undertake actions that could hinder, overload or compromise the correct functioning of the Service;
  9. publish photos, videos or other information of people who are not users of the Community without their consent;
  10. publish or perform actions on the site that constitute a violation of third party rights or applicable laws in any way.
• 7.2 Comelicotrekking reserves the right to remove all content or information it deems to violate these conditions and to disable without notice the account of the User responsible for the violations.

8. Availability of the Service

• 8.1 Comelicotrekking undertakes to offer access to the Service to registered Users as it is and how it will be available every day without any other obligations, except as expressly established in these Conditions.
• 8.2 Comelicotrekking reserves the right to modify, replace, refuse access, suspend or discontinue the service, partially or entirely, or change and modify the conditions, in whole or in part, at its own discretion.
• 8.3 Comelicotrekking reserves the further right to retain, remove and discard any content published by the User, with or without notice, if deemed contrary to the conditions of use.
• 8.4 Comelicotrekking has no obligation to store, maintain or provide a copy of any content that the User has published.
• 8.5 Comelicotrekking guarantees compliance with the legislation on the processing of personal data and the technical rules relating to minimum security measures. None the less, the User acknowledges and accepts as of now that he cannot advance against Comelicotrekking any claim, nor as compensation, indemnity or for any other reason, exempting Comelicotrekking from any liability in the event of total or partial loss of data, for any reason due.

9. Changes to the Service and changes to the Conditions

• 9.1 The User acknowledges and accepts that the Service is characterized by constantly evolving technology, for these reasons Comelicotrekking reserves the right to update the technical and functional characteristics of the Service and to modify, complete or replace the Conditions.
• 9.2 If Comelicotrekking modifies these Conditions, said new text will be published on the Site that the User has the burden of consulting. The aforementioned changes will take effect 10 (ten) days from the date of their publication. In same term, the User may exercise the right to withdraw; in the absence of exercise of the right of withdrawal by the changes will be considered definitively known and accepted by them.

10. Assignment

• 10.1 The User cannot transfer the contract in whole or in part to third parties.
• 10.2 The User is lending as of now, pursuant to art. 1407 of the Italian Civil Code, your consent for Comelicotrekking to transfer the contract.

11. Industrial and / or intellectual property rights

• 11.1 Comelicotrekking is the exclusive owner of all intellectual and industrial property rights on intellectual property (Site, software, database, cartographic maps, etc.) relating to the Service, unless otherwise specified.

• 11.2 Any material which is the subject of intellectual and / or industrial property rights in favor of third parties and which is put to User disposal through the provision of the Service, must be used by the latter in compliance with these rights. In particular full or partial copying, reproduction, modification, distribution, marketing and transmission is prohibited of the maps without the written consent of Comelicotrekking.

• 11.3 In the event that the User violates the industrial or intellectual property rights of Comelicotrekking and / or third parties, Comelicotrekking reserves the right to terminate the contract and to no longer provide the Service to the person responsible for the violation.

12. User Responsibility

• 12.1 The User must equip himself, at his own care and expense and under his own responsibility, with all the necessary equipment to access the Site and use equipment and accessories approved according to European standards, in perfect working order and such as do not cause disturbances and / or damage to the Service. Responsibility for the use of the aforementioned devices and the Service is the exclusive responsibility of the User who agrees to hold Comelicotrekking harmless from any consequent cost, burden, damage or compensation that the same should suffer for the facts described above.

• 12.2 The use of the Service takes place under the full responsibility of the User who assumes all responsibility for the own actions and omissions and undertakes to indemnify and hold Comelicotrekking harmless from any consequence prejudicial, from all losses, damages, liabilities, costs, charges and expenses, including legal ones, that may be incurred or suffered by Comelicotrekking as a consequence of any violation of these Conditions or of law, even in the event of compensation for damages claimed by third parties for any reason.

• 12.3 In any case, the User declares to undertake the excursions at his sole responsibility, with suitable equipment and after selecting the routes according to your skills, checking the status of the places and assessing the associated risks.

13. Cases of suspension and / or interruption of the Service

• 13.1 In addition to the hypotheses provided in the clauses of these Conditions, Comelicotrekking has the right to suspend and / or stop the Service at any time:
  1. in the event of breakdowns of the network and of the service supply devices dependent on unforeseeable circumstances or force majeure as well as non-programmable and / or foreseeable and technically indispensable changes and / or maintenance;
  2. in case of breakdowns and malfunctions of the machines and software, whether owned by Comelicotrekking or its suppliers, or in case of activity and / or inertia of the latter or because of the equipment owned by the User;
  3. if there are justified reasons of security and / or guarantee of confidentiality;
  4. in the event of a breakdown and / or malfunction which poses a danger to the network and / or to people;
  5. if the User uses defective or unapproved equipment, or that presents malfunctions that could damage the integrity of the network and / or disturb the Service and / or create risks for the physical safety of people.

• 13.2 The User acknowledges and accepts that, in any case, Comelicotrekking will not be liable in any way towards of the User or anyone for the unavailability of the Service, not guaranteeing the continuity of the same, the integrity of the data stored or sent through the Site and / or through the internet.Therefore, the User cannot advance any claim for damages, reimbursement or compensation against Comelicotrekking for suspension or interruption of the Service occurred and relieves it from any liability in this regard.

14. Responsibility of Comelicotrekking

14.1 Comelicotrekking:

1. to provides the platform and the Service “as is” and “as available”;
2. does not verify the truthfulness or adequacy of the information and contents;
3. is not responsible for the correctness, topicality and quality of information regarding excursions, events and events reports, or any other indication (e.g. description, difficulty and duration of the excursion, dangers and conditions of the paths, etc.);
4. specifies that the indications on the difficulty and duration of the routes are to be understood as purely indicative data;
5. Is does not guarantee that the Service will function without interruptions or errors;
6. disclaims any responsibility for any damage caused by any interruption or errors in operation;
7. does not provide any guarantee to the User or to Third Parties that the Service is suitable for their purposes.

14.2 The customer, relieving Comelicotrekking from any related liability, acknowledges and accepts that Comelicotrekking does not will be liable for any loss, damage or injury suffered and / or suffered by the User and / or by Third Parties, whether direct or indirect, foreseeable or unpredictable.

15. Termination

15.1 Comelicotrekking reserves the right to restrict, suspend or close the account of any User who abuses or uses in improperly the Service. Closing your account includes disabling access to the Service and may result in also the exclusion from any future use of the same.

16. Withdrawal

16.1 Each party has the right to withdraw with immediate effect.

16.2 In case of withdrawal, Comelicotrekking will deactivate the Service and will delete the User’s data contained on the server in accordance with the provisions of the legislation on the processing of personal data.

17. Final provisions and communications

17.1 In no case will any breaches and / or User behaviors inconsistent with these Conditions, may be considered as derogations from the same or tacit acceptance of the breaches, even if not contested by Comelicotrekking. The eventual inertia of Comelicotrekking in exercising or asserting any right or clause of the Conditions, does not constitute waiver of these rights or clauses.

17.2 Any ineffectiveness and / or invalidity, total or partial, of one or more clauses of these Conditions will not result the invalidity of the others, which must be considered fully valid and effective.

17.3 Although not expressly provided for in these Conditions, express reference is made, within the limits in which this is the case compatible, to the laws in force.