Legal notes
Terms and conditions for use of the website italospa.italotreno.it
1. Terms and conditions of Website use.2. Acceptance of Conditions.3. Access to Website. Limitations and Responsibility.4. User Registration. Account.5. Content and services.6. Authentication credentials. Account data.7. Modification to Website and to Conditions.8. Website use. Prohibitions.9. Copyright protection.10. Italo trademarks and distinctive signs11. Information and material submitted by the User (Upload). Prohibitions and restrictions.12. Liability.13. Warranties.14. Links to and from the Website.15. Availability and withdrawal of right to access and use the Website.16. Governing law and Court of Jurisdiction.1. Terms and conditions of Website use. The website italospa.italotreno.it (hereinafter, for brevity, also the “Website”) is intended to provide visitors with corporate information regarding the structure and/or activities carried out by Nuovo Trasporto Viaggiatori S.p.A. (hereinafter also referred to as “NTV”). Within the scope of this document (hereinafter also referred to as the “Conditions”), the term “visitors” (hereinafter also “Users” or, individually, “User”) means any person who accesses the Website and/or uses it with or without NTV’s permission, regardless of whether he is registered to the Website or to a service offered through the Website.2. Acceptance of Conditions. When the User accesses the Website, consults and/or acquires its content and/or services (through reading, downloading or other processes), uploads information and/or material for uploading purposes and/or uses in any other manner the Website and its content, he accepts and undertakes to comply with these Conditions without any modification whatsoever and to observe all applicable law provisions. In the event that the Website or any part thereof contains additional conditions, rules, directives, codes of conduct or instructions for the User, the latter equally undertakes to comply with them. Should the User not approve even just one of these Conditions (or of the further rules, instructions, provisions, etc. available on the Site), he shall not be authorised to access and use the Website.3. Access to Website. Limitations and Responsibility. Access to the Website and/or its content/services may be restricted by NTV to a maximum number of accesses and/or to a specific length of time within a given timeframe. This Website and some of its parts may present content intended only for adults. In order to access and activate this content, the User must be at least 18 years of age. All Users that access the Website (whether or not they have registered to the Website and/or to a single service) shall be responsible not only for checking any access by minors but also for deciding which content and services are appropriate or not for the latter. 4. User Registration. Account. In order to allow the User to access and use certain resources or the Website contents and/or services, or to upload material and/or to send communications through the Website link, the User may be asked to register or to provide personal data and/or information. The User undertakes to provide complete, updated and truthful data and information, and to inform NTV about any changes in the data and information provided. In any case, NTV reserves the right to refuse and/or deny the User - at its sole discretion - access to the Website, registration and/or, in any case, use of the resources, content and services available therein, as well as the right to cancel, interrupt or suspend the “Account” created for the User. NTV also reserves the right to cancel, interrupt or suspend the User Account even when it has not been used for a certain period of time [12 months] or when, once logged in, the Account has been inactive for a certain period of time [12 months].5. Content and Services. If the User wishes to use, receive or download content, material or services (including paid services) that may be available on the Website or through connection to the Website (e.g. sounds, images, videos, etc...), he must firstly check and make sure - assuming all liability in this regard - that the access and/or receipt devices used support the access/receipt (downloading) or transmission procedure and are compatible with the content, material or services available on or through the Website (hereinafter, for brevity, also the “Content”). After the User has accessed/received (downloaded) and/or transmitted Content, he may no longer: (i) save and/or use the Content through media and/or instruments other than those used for the access/receipt, processing or modification of the Content; (ii) request reimbursement for any advance payment made; (iii) copy, distribute or submit the Content to third parties; (iv) allow third parties to access the Content. 6. Authentication credentials. Account Data. The User is responsible for the confidentiality of his authentication credentials (ID, Password, etc.) and, in any case, of all data required to access and/or use the Website. The User is also responsible for all of the activities that take place through the use of his Account. The User is required to immediately notify NTV of any unauthorised use of his Account. In the event of communication to third parties and of any misuse of authentication credentials, NTV may at any time suspend, interrupt or cancel the registration of the Account and prohibit the User from accessing the Website.7. Modification to Website and to Conditions. NTV may at any time - at its sole discretion and without prior notice to the User - make whatever modifications, additions and/or updates it deems necessary and/or simply appropriate to the Website, the Content, the programmes and/or other materials contained therein and/or available through the Website including these Conditions. Any modification and/or update of these Conditions (and/or other terms and conditions that may be on the Website) may be brought to the User’s attention by NTV through publication on the Website or by other means of communication. Any User that accesses the Website after the modifications and/or updates have been published on the Website or otherwise communicated, shall accept them and comply with them from the date of publication and/or communication of the changes and/or updates, even if the User did not view the web page on which they were published. 8. Website use. Prohibitions. NTV grants the User limited rights solely to access and use the Website for personal and non-commercial use and, in any case, in full compliance with all of NTV’s rights and/or of third parties (including copyright, industrial property rights, etc.) regarding the Content, information and/or material present and/or available through the Website. Therefore, the User, only by way of example, is expressly forbidden to:
Use the Website and its Content for purposes and/or aims other than those mentioned above and especially for uses and/or for commercial purposes;
Any use of the Website and its Content that is not expressly permitted according to these Conditions and/or the specific terms and conditions published on the Website from time to time, such as, only by way of example: the acquisition (downloading), modification, communication, distribution, transmission, copy, duplication and publication of the Content available and/or obtainable through the Website including personal data, information, graphics, images, photographs, sketches, descriptions, collection of texts, videos, audio contents, music and sound, utilities, software and software collections, drivers and other auxiliary programmes, the content of newsletters sent by e-mail or similar communications as transmitted by NTV or in the name and on behalf of NTV, as well as any other Website Content created and/or transmitted directly by NTV, NTV-affiliated companies or their suppliers of products and/or services;
The derivative use of the Website or its content (e.g. framing), as well as any use of the Website’s content in any other website, server or networked computer environment;
The use of the Website or its Content in violation of any applicable law or, in any case, any use that may cause damage to the Website itself (including the interruption or limitation of the Website or of its contents and services);
Access or unauthorised attempted access to any Website part and/or content, to other Users’ Accounts or to networks or computer systems connected to the Website;
The collection or attempted collection of information and/or personal data regarding third parties through the Website.
9. Copyright protection. All rights to the Contents of the Website or available through it are reserved to NTV pursuant to current legislation. Upon access and use of the Website, NTV does not grant (and the User does not acquire) any rights to the Content viewed, acquired and/or used by the User. The content and materials of the Website, including their selection and layout, are owned by NTV or NTV-affiliated companies and/or their suppliers and are protected by the law, especially, by applicable copyright and industrial property laws. Authorisation to access and use the Website (limited to the purposes and aims mentioned above) is expressly subject to the User’s acknowledgment, observance and protection of any notice, warning, and/or requirement concerning the protection of copyright or industrial property rights (patents, trademarks and/or other distinctive signs of NTV or third parties) and, in any event, any other right regarding any form of protection of the Website Content. The User does not acquire the ownership and/or, in any case, any right to email addresses, URLs or other personal identifiers assigned by NTV or chosen by the User in order to access the Content available through the Site. The User's limited rights regarding use of the above personal addresses/identifiers shall be valid until the registration or Account created by or for the User for access to the Website or respective Content are valid. At the end of the period of validity of the registration or Account, NTV shall be free to cancel, interrupt and/or suspend the use of the User's addresses/personal identifiers or to assign them to another User at its sole discretion. 10. NTV trademarks and distinctive signs. "NTV" is a trademark of Nuovo Trasporto Viaggiatori S.p.A. Any further trademark, name, sign, logo, Internet address, product or model name and their derivatives which describe products or services belonging to NTV or NTV-affiliated companies or which contain the word "NTV" and are included in the Website content is a registered distinctive sign and/or, in any case, is owned by NTV or one of its affiliated companies. Any other product/company names or distinctive signs used on the Website may be registered trademarks and/or in any case trademarks belonging to their respective owners. The User is expressly forbidden to use in any form or manner the trademarks and distinctive signs of NTV or third parties available on the Website or that may be acquired through it. The Website, graphics and texts are subject to protection and all rights are reserved to NTV or rightful third-party owners.11. Information and material submitted by the User (Upload). Prohibitions and Restrictions. The information, content and material included or submitted by the User to or through the Website (hereinafter referred to as “User Materials”) are subject to the following requirements. User Materials means all the information, content and/or material transmitted or transmissible to NTV or to third parties (including other Users) through the Website or included or uploaded by a User to the Website or to IT tools connected to it. User Materials include, only by way of example: photographs, videos and other kinds of images, sound material, graphics, document or data files, information relating to natural or other persons, messages, e-mails or other kind of communication, files, texts, opinions and other information. By uploading User Materials on the Website or transmitting or making them available to NTV or third parties, the User guarantees to NTV a right of use, also for commercial purposes, that is unlimited in time, free, irrevocable and non-exclusive. This right includes, but is not limited to, the copy, sub-licensing, reproduction, modification, adapting, publication, translation, public representation, display and distribution of User Materials, as well as their incorporation (in whole or in part) in any form, by any means or with any technology, whether already known or developed in the future. The aforementioned provisions do not apply to the User’s personal data that shall be processed in accordance with current legislation on personal data processing using the methods and purposes set forth in the information specifically drawn up and published on the Website. The User is expressly forbidden from carrying out activities such as - only by way of example - the uploading, communication, transmission and/or publication on the Website or through it of:
Information and material containing sexual, pornographic, blasphemous, defamatory, deceptive, vulgar, obscene or offensive content;
Abuse, insults or threats;
Content and material regarding violent acts, ill-treatment, child pornography or the sale, distribution or promotion of weapons or narcotics;
Content and material regarding advertising, market research and prize contests;
Pyramid schemes or chain letters;
Fraudulent or criminal offers;
Music files, software, images (still or moving), literary and artistic works or other content and material protected by applicable law (including copyright law) unless the User is the owner of the exclusive rights over such content and/or material or has received all the necessary authorisations for their use;
Content and/or material of any kind containing personal information or third-party confidential information, whether natural or legal persons, including telephone numbers, addresses, email addresses, account numbers of other Users, passwords and financial information, except for personal information transmitted by the User and regarding him for the purposes of Website registration or Account opening;
Computer programmes, files and other material having disruptive or disturbing features such as viruses, manipulated files and, in general, any other element that could affect or interfere with the integrity, operation or online communication of the Website.
In the event of breach (or suspected breach) of the above provisions, NTV reserves the right to suspend, interrupt or cancel the User's access to the Website or to the related Account, and to prevent access or use of the relevant Content, without prejudice to the right to submit the User Materials at issue to the competent Authorities for any decisions to be taken by them. However, NTV reserves the right to prohibit and/or prevent the transmission, distribution, dissemination, uploading, publication or storing on the Website or through it, as well as the right to delete from the Website, any User Materials that NTV considers unacceptable, inappropriate and/or simply unpleasant on the basis of its exclusive and discretionary evaluation. 12. Liability. The User shall be liable for any damages that are related, consequential and/or connected to the type, features and/or compatibility of the hardware and software equipment used for accessing and using the Website and for paying the telephone fees and other network fees necessary for accessing the Website, using it and using the relevant Content. The texts, information, material and other content that are published or may be accessed through the Website are intended for purely information purposes and are not of an official nature, unless otherwise indicated on the Website itself. The User also assumes any civil, criminal and administrative liability arising out of, resulting from and/or associated with any damages to persons (including NTV and the User) and/or objects as a result of access to the Website and/or the use of the Content present and/or accessible through the Website itself (including those made available or transmitted by other Users or third parties also through links, connections, etc.), for the use of any services offered or made available by third parties (including links or other connections to the Website), as well as for unauthorised, non-compliant and/or unlawful use of any services made available by NTV. The User therefore expressly exempts NTV from any liability for any caused and/or resulting damages - of any nature - to himself, to the instruments used to access the Website (hardware and software, even if owned by third parties), to third parties (including - only by way of example - other Website Users, whoever has accessed the Website by using the User Account in an unauthorised manner, third parties that have set up links or other connections, etc.), as well as any caused and/or resulting damages to the Website, and undertakes in any case to indemnify and hold NTV and its personnel harmless against any claim, action, reason and/or request made by any person on any grounds whatsoever for injuries, accidents and/or damages (including those to the Website) arising out of, resulting from and/or associated with the access and/or use of the Website, as well as to the Content available through it. Specifically, the User shall be solely liable (and shall therefore be required to indemnify and hold NTV harmless) against any damage suffered by anyone (including NTV and the User) due to:
The use, uploading, transmission and/or use of information, material and/or content provided by the User (User Materials);
Unauthorised access (also by minors) to the Website, the Account and/or the User reserved areas;
Automatic forwarding and/or dissemination of communications and/or viruses or other invasive or destructive computer programmes to both the Website and to third-party IT instruments.
Under no circumstances shall NTV be held liable for any damages caused by the User to any third party due to incorrect, unauthorised and/or unlawful access to and/or use of the Website, as well as access to and/or use of the Content available through Website. 13. Warranties. The Website and related Content are made available according to the qualitative and quantitative features decided by NTV. NTV, therefore, does not provide any warranty as regards the:
Appropriateness and accessibility to the Website by the User or its availability for use in any location;
Absence of computer viruses or other malicious programmes, components and items from the Website and/or servers hosting it;
Accuracy and/or updating of any text, information and/or declaration contained on the Website or accessible through it;
Ongoing and seamless availability of the Website Content.
NTV offers no warranty against - and shall in no way be held liable for - any loss, cancellation, deletion or non-transmission and/or delivery to the recipient of any content, material and/or information entered, uploaded or transmitted through the Website, regardless of whether this has occurred due to failures, computer viruses, unauthorised third party access, or otherwise.14. Links to and from the Website. The User is expressly prohibited from making any type of electronic, computer and/or data transmission links (e.g. hyperlinks) to and from the Website without NTV’s express permission. NTV or third parties (provided with NTV’s permission) may make or set up links to or from this Website (to or from other websites or Internet resources managed by third parties). The implementation of the above links shall in no way imply NTV’s acceptance or approval of other websites or of their content, nor the existence of any economic/legal connection with the relevant third party operator. Acceptance by the user of a link on the Website to any other external website is at the User’s sole risk and responsibility. NTV shall not be liable for any damages suffered by the User and/or third parties due to links to websites and external resources or due to access to related content, material, and services. Moreover, NTV shall not be liable for the accuracy, updating, legitimacy and decency of the content, material and information published or available on the linked websites and external resources. 15. Availability and withdrawal of right to access and use the Website. NTV shall be entitled at any time to withdraw the User’s right to access the Website or register to it, in the event that the User has not accessed his Account or logged in for a period of at least 12 months. NTV also reserves the right to terminate, suspend and/or withdraw - at any time and at its sole unquestionable and discretionary decision - the User’s or all Users’ right to access and use the Website or his/their relevant Account. 16. Governing law and Court of Jurisdiction. These Conditions are governed by the Italian law. Any dispute concerning these Conditions (or any further terms and conditions published on the Website including any relating to their validity, effectiveness, interpretation and/or execution shall fall within the exclusive jurisdiction of the Court of Rome with express exclusion of any other judicial authority.