TERMS AND CONDITIONS OF SERVICE
VERSION AS OF 01/07/2017
This document provides for the Terms and Conditions of use of service and, in particular, the contractual terms of the services (including all contents and tools) available of the web platform BestCreativity.com and to which all customers may have access (“Users”, “Customers”, “You”).
The web platform BestCreativity.com is managed by TamTamy Reply S.r.l. (“TamTamy”, “We”, “BestCreativity”) with registered office in Turin (Italy), Corso Francia, 110, VAT no. 11042600012.
We also invite Users to read the other pages and the FAQ of the Site in order to be informed about the technical procedures.
1. Conditions for accessing and using Site
Exclusively the parties that may legally execute agreements and have the legal capacity for acting and binding themselves according to applicable law, may use the Site and its related services. By registering to this Site and by using its services, the Users acknowledge and declare, for any legal purposes, to have legal age (18 years old) and to have legal capacity to lawfully execute legally binding agreements, conditions, obligations, statements, declarations and guarantees and, in case of legal entity, to have the necessary powers in order to represent and contractually bind this latter. In order to become a User of the Site, it is necessary to complete the registration procedure, read and accept all terms and conditions of this Contract.
2. Use of the Site and of the account
2.1 The User agrees to use the Site and any related service exclusively for legal purposes and lawfully.
During the use of BestCreativity.com and of its related services, the User accepts not to:
- register himself under a false name;
- use an invalid or unauthorized email;
- use an invalid or unauthorized mail address;
- use another account without the relevant owner’s authorization;
- use an invalid or unauthorized payment method;
- take part to a project under a false name;
- create more than one personal account;
- send material protected under copyright law or which constitutes trade secret or which is in any other manner subject to proprietary rights of third parties, including privacy and advertising rights, unless he/she is the owner of said rights or he/she has obtained the owner’s authorization to publish said material and he/she guarantees to Us all rights provided by this Contract;
- infringe laws, third parties’ or our rights;
- should he/she win a project, refuse delivery of the final product requested by the Buyer, unless this latter has changed the terms or the description of the project after having selected the winner, it has been made an evident typo or it is not possible to communicate in any manner with the Buyer;
- substantially change the scope of the project after having selected the winning Creativity;
- counterfeit the price of any project;
- interfere with project of other Users;
- bypass or counterfeit our procedures concerning commissions, invoicing or prices due to us;
- publish contents false, inaccurate, misleading, defamatory, malicious (including personal data);
- take any action which may damage the feedback or rating process (by way of example the visualization, importation or exportation of information on comments outside BestCreativity.com or using them for purposes other than those of BestCreativity.com);
- assign his/her own account and UserID to others without our consent;
- distribute or send spamming and chains emails;
- send virus or any other technology that may damage Us or our Users’ interest and property;
- copy, amend or distribute contents of the Site and/or our copyright and trademarks;
- collect information about the Users, including email, without their consent.
2.2 This Site provides for standards for robot exclusion. Most part of the information on this Site is updates in real time and is the property of us, of our Users or of third parties. The User accepts not to use any robot, spider, scraper or any other technical means in order to access the Site for any purpose without our written authorization.
2.3 The User also accepts not to: (a) take any action which causes or may cause (at our own discretion) an unreasonable or excessive charge to our technical infrastructure; (b) copy, reproduce, modify, distribute, publicly show, create works by using any contents (except for the contents that the same user has sent) of BesteCreativity.com, without our written authorization and/or the authorization of the third owner, if applicable; (c) interfere or try to interfere with the correct working of the of the Site or of any activity carried out on the Site; or (d) bypass the measures implemented by us in order to prevent or limit the access to the Site. Notwithstanding the above, BestCreativity grants the publicly accessible research engines with the authorization to use spiders in order to copy the material of the Site esclusively for the purpose and to the extent necessary in order to create research index for the public, but not for caching purposes or in order to file said materials.
2.4 The Users are not authorized to use the Site as their own autonomous database.
2.5 BestCreativity reserves the right to report any unlawful behavior or act that infringes law, regulations, orders to the competent authorities with which the same BestCreativity is willing to cooperate in order to guarantee that the lawbreakers are prosecuted according to applicable law.
2.6 By registering on the Site, the Users warrant the accuracy, completeness and truthfulness of the personal data filled in the registration forms, hereby undertaking to keep them updated and to protect the secrecy of his/her own authentication passwords that, together with the account, shall be managed and kept exclusively by the User.
2.7 Lacking any use of the account and any access (login) to the Site for a period of more than six (6) months, BestCreativity will be entitled, at its own discretion, to delete the User’s account.
In case of disruptions of the login system as well as in case of suspect of use of the account by third (unauthorized) parties, the Users shall immediately notify BestCreativity, according to article 10 below, in order to allow this latter to remedy the technical problem, where the case also by amending or deleting the account of the same User, being however understood that it will be User’s responsibility to protect, at his/her own expenses, his/her personal data, contents and any other right in any manner linked to the account.
2.8 BestCreativity will be entitled to suspend and/or cancel the account, without any prior notice and without incurring in any penalties and/or fines, in the following cases:
(i) should it become aware (by notification, also of other Users) that the User is not 18 years old and/or in general that he/she has provided inaccurate or false data;
(ii) breaches of this Contract;
(iii) substantial evidence of infringement of law, in particular with regard to copyright and/or right on trademarks, laundering, confidentiality;
(iv) infringement and/or falsification and/or misuse, in any manner and with whatever means, of the procedure and/or of the outcome of a Project, in particular also by means of infringement (direct or indirect) of the provision under paragraph 2.1 above;
(v) misuse in connection to the feedback;
(vi) failure to pay the Fee and/or any other price provided by article 4 below;
(vii) pending a notification under article 10 below;
(viii) inserting of unauthorized, inaccurate or unlawful contents.
3. Reserve of rights
We hereby reserve the right, but not the duty, to, at our own discretion, immediately stop any project or transaction, to prevent or limit the access to the Site or to our services or to take any other action in case of technical problems, inadequate material, inaccurate lists of projects, projects improperly classified, inaccuracies, unlawful projects or contents, procedures or actions otherwise forbidden by the Contract or by applicable law or for any other reason.
BestCreativity does not support any User who sends contents to the Site or expresses any opinion, recommendation or advice in relation to other Users. BestCreativity will not be liable in relation to any content sent by the Users.
4. Obligations of the parties
(a) BestCreativity offers an opportunity of interaction between the Users. The Site is a place offering an online opportunity of interaction where the Users-Buyers (“Buyers”) post projects for creative services (“Project/s”) and the Users-Creative (“Creative”) offer their works (“Creativity”) in line with Buyer’s requirements. The Buyer personally select the offers more adequate to its own requirements.
The Users hereby acknowledge that, giving the fact that the Site and the services here available are an instrument only, We and/or our controlling, controlled or linked companies (“Group”) are not part of the agreement for the assignment of Creative’s works in favour of the Buyer and We and/or our Group will not be involved at any title in the execution of said agreement.
Except whether expressly provided in the Contract, by providing the web platform (“Services”) BestCreativity does not offer or deliver solutions (save the case in which it requests a solution for its own purposes, where so expressly provided in the project) and it does not interfere in any manner in the relationships between the Users.
(b) Agreements between Buyers and Creative. By registering to the Site as User, the User acknowledges and accepts to execute an agreement directly with the other Users for buying or selling a Creativity.
There is no duty for the Creative to take part of a project posted by a Buyer.
By posting the Project, the Buyer will provide the selected Fee (i.e. the overall price offered for the purchase of a Creativity) as well as its own requirements and general information as to the desired Creativity and the final term for Creative for filing their Proposals.
The transmission of a Proposal of Creativity by a Creative under a specific Project posted by a Buyer remains, except for the effects of the selection according to paragraphs below, of the property of the Creative itself. The sole transmission of a Proposal of Creativity does not bind in any way the Buyer to select such a Proposal and the same Buyer and/or BestCreativity to pay any amount at any title.
By sending solutions and by taking part to a Project, Creative accepts all relevant conditions and undertakes not to offer or otherwise make available to third parties (inside and/or outside the Site) for its Creativity until the expiry of the term for selection provided hereinbelow and, should its Creativity be selected, it undertakes to assign the relevant property and right to use to the Buyer on the basis of the Purchase Agreement, as infra defined, and of this Contract, upon payment of the Fee.
The Buyer will be entitled to request amendments to the terms of the Project exclusively upon approval of BestCreativity and in any case not after having posted the same Project and/or the relevant brief.
Should, at the expiry date of a Project, the Buyer deem that no Proposal meets its requirements it will be entitled alternatively to:
(i) postpone the term for the participation to the Project up to a maximum period of 7 days, without modifying the relevant conditions; or
(ii) ask for - exclusively in relation to projects concerning graphic works, as also explained in the other pages of the Site - reimbursement of the Fee, net of an amount, indicated in detail in the pages of the Site, which will be paid to a Creative who took part to the Project itself. The reimbursement procedure does not apply to Project having as subject matter naming / business name or products’ name (i.e. copywriting).
The request of reimbursement shall be made by the Buyer within the date of closing of the Project. On the contrary, the following provisions will apply.
Upon expiry of the term for participating to a Project (as postponed, where the case, according to the above provisions) the Buyer undertakes to select a Creativity within the following 7 days.
Lacking any selection within this term of 7 days, BestCreativity will be entitled to select, also on the basis of the outcome of the technical means of the Site, the Creative, giving the Buyer a prior notice and invitation to select. In such a case, the Buyer hereby expressly authorizes us to arrange the payment of the Fee in favour of the winning Creative, provided that more than 7 days upon termination of the Project have been passed from the closing date of the Project (the winning Creative will be required to complete the Project and to deliver the final file according the signed agreement).
Notwithstanding the non-involvement of BestCreativity and/or of any other company of the Group in the relationships between Buyer and Creative, BestCreativity will arrange – within 7 days from the selection of the Proposal / Creativity by the Buyer – payment of the Fee in favour of the Creative according to the modalities provided on the Site and on behalf of the Buyer, thus releasing the non-interest bearing deposit.
In no case the Users, both Buyers and Creative, will be entitled to directly agree - outside the Site – upon the assignment of any economic right (and/or any linked right) of intellectual and/or industrial property on a Creativity being subject matter of an ongoing Project.
Notwithstanding the obligation not to assign an Account, as provided by article 2 above, no User will be entitled to assign in any way to third parties any right and/or obligation arising out of a selection of a Proposal within a Project. In particular, unless specifically authorized in writing by the other party, no User will be entitled to:
- assign to third parties the execution, in whole or in part, of a Creativity proposed within a Project;
- assign to third parties, in whole or in part, the rights arising out of a selection, including any related (also future) right of credit.
The Users acknowledge the entire non-involvement of BestCreativity in the Project, with the only exclusion of the provision under article 10 below in relation to notice of irregularities and/or risks and they also acknowledge, in particular, that BestCreativity will have no duty to investigate any precedent right on Creativities.
The Buyer agrees and undertakes to act in good faith and to cooperate in good faith in relation to a Purchase Agreement.
Furthermore the Buyer acknowledges and agrees that the value and the reputation of BestCreativity depend in part from the correctness and the feasibility of its contacts.
The Buyer also accepts that BestCreativity will have the right, at its sole discretion, to act, without limitation, and, in particular, to suspend and to interrupt the services and to take legal action necessary in order to protect the value and the reputation of BestCreativity.
(c) Tax and reporting. Any User is personally responsible for the payment of income taxes, withholding taxes, taxes on the sale and on the use of goods, for the final reporting and for any legal requirements according to applicable law, including, but not limited to, those applicable in relation to the sale and purchase of the Creativities provided by the Creative.
BestCreativity will hold, as non-interest bearing deposit and as guarantee for the payment of the Creative, the Fee for the purchase of a Creativity. Such a Fee will be held for the time necessary in order to allow the Buyer to select a Creativity and it will be free from the payment of withholding taxes that will be in any case borne by Buyers and Creative.
(d) Independence of the parties. The Contract shall not constitute and it shall not be interpreted as agency, license, association, joint-venture, company or employment.
(e) Linking to contents of third parties. The Site may provide link to third parties’ websites. The Users acknowledge and accept that BestCreativity has not any relation to this third websites and as a consequence it is in no way responsible for: (i) the availability and accuracy of said websites or engines; or (ii) the contents, advertising or products or the materials posted on or available through said websites.
Any link to the above websites provided in the Site will not be regarded as a support of BestCreativity to the linked website.
The User that uses a link will do so at its own risk and it hereby expressly releases BestCreativity from any and all liability arising out of the use of third parties’ websites.
(f) Users’ contents. The User is the sole responsible, vis-à-vis BestCreativity and the Group, other Users and third parties, for all contents and materials it will post on the Site through its own account and it will be liable for any prejudice concerning the uploading and posting of the same. By uploading of files, contents, materials of any nature and form or of comments on the Site the Users declares, represents and/or warrants to have obtained and to have the necessary licenses, rights, consents and authorizations for the relevant use and it hereby authorizes us to use all patents, trademarks, trade secrets, copyright or other proprietary rights of all files provided in the Proposal, in order to allow us to include and to use said Proposal and the proposed contents within the Project, according to the modalities provided by the Site and by this Contract.
With reference to the above indicated contents and materials the User undertakes to make its best efforts in order that the same will not be unlawful and/or in violation of this Contract and/or of other agreements or third parties’ rights, including intellectual and/or industrial proprietary rights, or otherwise harmful of the reputation of third parties, Users, the same BestCreativity and/or companies of the Group.
The Users acknowledge and agree that BestCreativity and/or the companies of the Group will not have any obligation to check and control, at any time, the contents provided by the Users, except for the right to take any decision in relation to the suitability of the same contents, including the right to delete the same and/or the account of the responsible Users.
On the basis of the above, BestCreativity and/or the companies of the Group will not and they will not be considered responsible for any disclosure, duplication, amendment, modification, alteration of the contents and of the information, also sensitive and/or confidential of the Users.
(g) Feedback. Any User expressly accepts that its own execution of the Contract and/or, more in general, its own Creativity being subject matter of a Project will be subject to, within and for the purposes of the same Project, to a specific feedback by the Buyer.
The conditions and modalities of expression of said feedback may vary and they will be specified, from time to time, on the Site.
Each User consents that syntethic information regarding its own feedback will be made available to the other Users of the Project (by way of example under the form of symbolic scores).
BestCreativity, in its quality as manager and maintenance technician of the Site, will not guarantee the accuracy and/or reliability of these feedbacks.
Therefore any User hereby acknowledges that in no case BestCreativity will be considered liable for any damage, direct and/or indirect, economic and non-economic, arising out of the expression, accessibility and/or use of the feedback.
5. Fees and consideration for the services.
The accessing and surfing on the main pages of the Site is free of charge.
BestCreativity will ask for the payment of a Fee, to be regarded as an all inclusive consideration to be paid by the Buyer, as non-interest bearing deposit, to BestCreativity in order to guarantee payment of the Creativity and to be paid at the moment of posting of a Project.
In addition to the Fee, upon posting, by means of the Site, a Project and/or upon supply, at Buyer’s request, certain additional services, the Buyer will be required to pay to BestCreativity other non refundable amounts which will be separately and clearly highlighted by the same BestCreativity and that shall be paid, respectively, at the moment of the posting of a Project and/or at the moment of the supply of the services.
The Buyer will always have the opportunity to review and accept said additional costs.
BestCreativity will be entitled to modify the costs for the publication of a Project and for the further services.
The User accepts to timely pay with a valid means of payment, among those indicated and available on the Site, all fees applicable for the use of the services.
If the used mean of payment will have negative outcome, BestCreativity reserves the right to ask the amount due through other means of payment.
6. No warranty
THE USER AGREES THAT THE USE OF THIS SITE WILL BE AT HIS OWN RISK.
THIS SITE AND THE SERVICES AVAILABLE THROUGH THE SAME SITE ARE SUPPLIED ON “AS IS BASIS”, WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED, ACCORDING TO THE LAW OR ARISING OUT OF THE NEGOTIATIONS, THE USE OR THE COMMERCIAL PRACTICE).
BESTCREATIVITY CANNOT GUARANTEE THAT THE SITE AND THE RELEVANT SERVICES WILL CONTINUOUSLY WORK AND THAT THEY WILL BE FREE FROM ANY DEFECT.
THE OPERATION OF THE SITE MAY DEPEND ON CIRCUMSTANCE BEYOND BESTCREATIVITY’S CONTROL.
Therefore, Bestcreativity and/or any other company of the Group will not be liable, at any title, for any malfunctioning of the Site and of the service, also whenever said malfunctioning may cause errors and/or delays and have an impact on projects.
It is also understood that Bestcreativity and/or any other company of the Group shall not be considered responsible for problems and/or technical errors related to or deriving from networks or phone lines, IT systems, servers or providers, IT equipments, software, malfunctioning of emailing programs or of audio-video devices, technical problems or internet traffic congestion.
Although Bestcreativity makes its best efforts in order to minimize and remedy any error and/or malfunctioning it cannot guarantee that the Site will be free from malfunctioning which may cause the temporary unavailability of the services and/or that may cause possible errors, omissions, interruptions, cancellation, defects, delays, anomalies, destruction, unauthorized access or alteration of messages and data sent by the Users.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IT IS EXCLUDED ANY WARRANTY, ALSO IMPLIED, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY, SUITABILITY FOR CERTAIN PURPOSES, TITLE AND NON-INFRINGEMENT.
NO INDICATION OR INFORMATION - THAT THE USER MAY BE PROVIDED WITH, BOTH ORALLY AND IN WRITING, BY BESTCREATIVITY - WILL CREATE AN IMPLIED WARRANTY IN THIS CONTRACT.
7. Limitation of liability
We and/or any company of the Group will not be liable for damages and prejudice of any kind, also indirect, arising out of the use, in any form, of the Services and Site’s tools, including actions or inactivity of other Users, including their posts.
BestCreativity will not control and it will not guarantee the quality, safety and legality of the Projects and of the Creativities, as well as the truthfulness and accuracy of information or data of the Users, their titles, background or skills of the participating Users, their ability to provide creative services or the fact that the User will complete a transaction, due to the fact that BestCreativity’s activity will be limited to the implementation and management of a Site and to provide to the users the Site’s tools and means according to the conditions of the Contract.
Considering the above, any Creative and any Buyer are directly liable vis-à-vis the other for applying and granting all rights and obligations according to the supplied Creativities and to the agreements executed through BestCreativity.com as well as of any other term, condition, representation or warranties related to said agreements.
For the above reasons, BestCreativity and any other company of the Group (and respective directors, managers, agents, subsidiaries and employees) will not be considered liable for any dispute arising between the Users.
BestCreativity will not be liable towards any other User for special, indirect, consequential or punitive damages according to this Contract, including but not limited to loss of profits, loss of business opportunities or loss of goodwill or reputation, also whether it is informed of the possibility of said damages.
This Site is controlled and offered by BestCreativity’s infrastructures in Italy. BestCreativity does not warrant that the Site suits with and it is available in other jurisdiction.
Whoever accesses and uses the Site from countries and jurisdictions other than Italy may do so at his/her autonomous choice and he/she will be exclusively responsible to comply with local law.
Notwithstanding any other provision of this Contract and except for the case of gross negligence or fraud, in no case the liability of BestCreatity for any action or claim linked to the services provided within this Site and hereby regulated will exceed the higher of the following amount: (a) Euro 100 or (b) the total amount paid in the quarter preceding the action grounding the claimed liability. This limitation will apply to the extent permitted by applicable law.
8. Release from liability - penalties
The User undertakes (also joining a judicial proceeding and authorizing the exclusion from the proceeding according to section 108 Italian Civil Procedure Code) to defend and hold harmless and indemnified BestCreativity, its directors, managers, employees and agents from any and all losses, costs, expenses, damages or other liabilities (including reasonable legal fees) suffered by BestCreativity and from any and all cost, liability, loss, damages, judicial proceeding, action, demand, claim raised by Users or third parties against BestCreativity: (a) in connection with the use of the Services through User’s account created to the Site, including any obligation of payment arising out of the use of the same services or (b) arising out of (i) the use of the Site, (ii) the decision to provide credit information through the Site, including personal financial information, (iii) the decision to send messages and to accept offers from the other Users, (iv) a breach of the provision of an agreement or of any other indications provided by the User with which there has been a business relationship through the Site, (v) a breach of any provision of this contract; (vi) any liability arising out of tax processing of the payment or part thereof, (vii) any voluntary or negligent irregularity, (viii) any act or omission concerning the payment of taxes, (ix) any dispute or fault in paying invoices or of any other payment by the User and/or (x) any other obligation towards another User.
The User acknowledges to take an autonomous and adequate advantage by registering to the Site and using the services, also on the basis of the costs borne by BestCreativity for the relevant creation as well as for managing and maintaining the same services. For this reason, the User declares and warrants to BestCreativity and/or to any other company of the Group its interest in providing the above release from liability.
The release from liability provided by this clause will be effective also after termination of the Contract and use of the Site.
Furthermore, it is hereby agreed that in case of breach by the User of one or more of the provisions under article 2.8 above paragraphs from (iii) to (viii) the User shall pay to BestCreativity an amount equal to 100% of the Fee paid/received as penalty, save for any additional damage suffered by BestCreativity and/or any other company of the Group.
9. Intellectual and industrial proprietary rights
(a) Intellectual and industrial proprietary rights on the Creativities
The Buyer, in its quality as client, will acquire all rights on the Creativities proposed by the Creative within a Project and selected by the same Buyer according to the terms and conditions of this Contract.
The Creative in any case warrants the following:
- he is the sole legal owner of all economic (and/or related) rights of intellectual and/or industrial property on the Creativities offered or in any case provided during a Project; or
- in case of co-owners, he is the sole legally entitled to use, assign and/or licence all rights on the Creativities, in compliance with this Contract, without breaching any previous undertaking towards third parties and/or any right previously assigned to third parties.
In addition, the Creative declares not to have requested and undertakes not to request, in any territory or jurisdiction, any kind of protection, both legal and/or contractual, inconsistent with the participation to the Project for any Creativity being subject matter of a Proposal or otherwise sent, also partially, through the tools of Site, including the respective preparatory material.
In any case the Creative declares not to have requested and undertakes not to request, in any territory or jurisdiction, any kind of protection, both legal and/or contractual, referring to: the Site, the related services and know-how, the trademarks and/or logos of BestCreativity and/or of any other company of the Group and/or of any other User.
Upon selection of the winning Creativity the Creative will irrevocably and without any reserve assign to the Buyer all (intellectual and/or industrial) proprietary rights on the same Creativity and related to the same.
(b) Use of the Site and of the relevant contents
According to the provisions of this Contract and in compliance with the same, BestCreativity will grant the User a limited license for accessing and using the Site in order to purchase and sell Creativities within a Project.
The User cannot and it shall not sell, reproduce, distribute, modify, show, publicly execute, re-edit, use or prepare creations deriving from any content of BestCreativity.com in any manner for public or commercial purposes, without the prior written consent of the owner of the relevant rights.
Unless legally entitled to act in such a manner, the User will not and shall not use any content of the Site inside any other website, any informatics networks, or media, for any purpose other than its own internal visualization.
The User accepts not to try to decode or to interfere with the operating of any part of the Site, unless he takes said actions according to the law and to this Contract.
The Site or part thereof may not be reproduced, duplicated, copied, sold or resold or in any other manner use for commercial purposes not expressly approved in writing.
(c) Intellectual and industrial proprietary rights of BestCreativity
BestCreativity and its licensors will maintain all right, title and interest in relation to patents, copyright, know-how and trade secrets on and to the Site.
Logos, trademarks and name “BestCreativity” are owned by BestCreativity and, as a consequence, they can be registered by this latter in any jurisdiction.
All other names of products, business names, trademarks, logos, symbols on BestCreativity.com are of the property of the respective owners.
Unless otherwise provided in this Contract, nothing in this Contract shall be regarded as a licence of one or more intellectual or industrial proprietary rights of BestCreativity or of third parties.
(d) Misuse of intellectual and industrial proprietary rights
Each User is invited to notify through the Site any offensive or illegal contents as well as any breach of this Contract.
BestCreativity wants to act in order to guarantee that the content of the Site does not infringe copyright, registered trademarks or any other right of third parties. Whenever the User deems that its rights have been infringed, it is invited to notify said circumstance to the Site by using the specific button located in the designer’s images gallery.
(e) License of use
The User hereby grants worldwide, free of charge, irrevocable, endless license to BestCreativity and to any associated enterprises to use and view all works sent to BestCreativity.com for advertising purposes, as well as to reproduce, distribute, prepare derivative works and to view designs or any other work that will be provided by the User to BestCreativity (both through BestCreativity.com and through other means).
10. Notice and notification of irregularities
Save for any prior written communication by the Users, BestCreativity will correspond with the Users via email (addressing any communication to the address provided during the registration process) or sending communication through the Site.
The User accepts to receive by electronic means any communication from BestCreativity and also accepts that said electronic communications satisfy any legal requirements as provided in relation to communication in written form.
The User acknowledges that a communication shall be deemed receipt and valid after 24 hours upon its transmission to the email address provided during the registration (unless a notification of invalidity of the email address has been sent to the sender) or when said communication has been published on the Site.
The User shall maintain its email address updated and shall regularly check the Site in order to be informed of the published communications.
BestCreativity may mail legal notices to the address provided during the registration (as modified by the User).
In any case the above notices will be deemed valid after seven days upon the relevant transmission.
All communications addressed to BestCreativity and that shall have legal effects in relation to this Contract shall be sent in writing to the above address or by email to the following email: firstname.lastname@example.org.
Each User may notify to BestCreativity, by email, any of the following irregularities and/or risks:
- Breach of this Contract and/or of any law provision;
- Unfulfilment and/or misuse in relation to, at any title, a Project and/or the relevant assignment.
In case of one or more of the above notifications, BestCreativity reserves the right to:
- recall by email the alleged responsible of the irregularity and/or risk;
- suspend and/or delete the Project;
- suspend and/or exclude the publication of and/or the participation to a Project;
- suspend and/or cancel an account.
The above measure will be taken by BestCreativity in proportion to the actual seriousness of the circumstance, the personal behavior, the possible occurrence of any precedent notification and any other concrete circumstance that may be deemed significant to this purpose.
The Users also acknowledge that BestCreativity will be entitled to show to the other Users a pending notification.
11. Applicable law – Dispute resolution
This Contract is governed by Italian law and it shall be interpreted accordingly.
Any dispute will be - to any possible extent - resolved in a fast and not expensive way.
As a consequence, both the User and BestCreativity agree that any claim or dispute arising out of the use of the Services or any element linked to these latter as well as of this Contract in relation to the Services (“claim”) will be resolved according to this section “Dispute resolution”.
Any dispute between BestCreativity and the Users as indicated above will be resolved by Italian jurisdiction and by the Court of Turin, with express exclusion of the competence of any other Court.
Before starting a judicial proceeding, the User agree to contact directly BestCreativity in order to amicably solve the claim.
The User accepts that he/she shall notify in writing BestCreativity of any claim or dispute relating to the Site and the information or Services provide through this latter. The User shall also grant BestCreativity with a reasonable period in order to solve the issue before starting any legal action - personally or on behalf of a third party, also in his/her quality of proxy holder – against BestCreativity.
This Contract shall be valid and effective for an open-ended period, unless withdrawn by one of the parties.
In addition to the provision under article 1 above, the User will be entitled to withdraw from this Contract at any time by deleting its personal account. Said withdrawal will have immediate effect, except for the contractual relationships in course (Purchase Agreement) that, considering the relevant autonomous nature with respect to this Contract, will survive and will continue to bind the parties according to the relevant terms and conditions.
In such a case (i) BestCreativity will continue providing the services necessary in order to complete the pending transactions between the Users and (ii) the User shall pay any outstanding amount for the use of BestCreativity.com and in favour of any Creativity with which it has entered into a collaboration or to which it has requested the supply of a services, so that all pending transaction are closed.
In case of termination of registration to the Site, the access to data, messages, files and to any other material forwarded to the same will be interrupted. Furthermore, said material will be cancelled together with all posts and offers previously uploaded.
13. Policies of the Site
The User accepts to regard BestCreativity.com as a passive web site whose offices are located in Italy and, as a consequence, it accepts that the sole applicable jurisdiction, both in general and particular case, will be Italy.
It is possible to review at any moment the updated version of this Contract by following this link.
In case of amendments, not merely illustrative, of the Contract BestCreativity will notify said amendments to the Users inviting them to read the same amendments and to approve the new conditions of use of the Site. Lacking an acceptance of the amendments, the User will be entitled to withdraw from the contractual relationship with BestCreativity thus renouncing to accessing the Site, by cancelling its personal account.
Save for the User’s withdrawal right, it is hereby understood that, unless otherwise provided, the amendments will be effective starting from the relevant publication on the Site.
Subsequently to its termination and to the cancellation of the account this Contract will continue to be effective in relation to all its clauses providing for obligations that shall survive to its termination, such as those under articles 4, 5, 6, 7, 8, 9 and 11.
The User is the sole responsible for complying with local laws.
Any amendment to this Contract and waiver of any right by BestCreativity will not be valid and effective unless they will be provided in writing and undersigned by a legal representative of said company.
No delay or omission to exercise any right or action by BestCreativity shall not have any effect on the rights of this latter and shall not be regarded as a waiver to said rights.
Any single or partial exercise of a right by BestCreativity will not prevent this latter from further actions.
If any part of this Contract or any clause thereof will be deemed inapplicable, invalid or ineffective, the same shall be amended in order to make it legally binding and applicable, without modifying the relevant scope and, to any possible extent, by replacing it with another valid and applicable clause which has the same scope.
An invalidity of one or more clauses of this Contract will not affect the validity of the entire Contract.
Nothing in this Contract or in the related policies shall be construed as providing rights or benefits in favour of third parties.
According to this Contract it is forbidden to assign, sell or grant its own rights or obligations (including the personal account) to third parties, without the express written authorization of BestCreativity; any attempt made to this purpose will be null and void.
BestCreativity will be entitled to assign this Contract without limitation.
Except for the payments due to BestCreativity, neither the User nor BestCreativity itself will be considered liable for any default or delay in executing any obligation under this Contract arising out of industrial actions, accidents, fires, floods, telecommunications or Internet’s malfunctioning, natural disasters, strikes, wars, revolutions, insurrections, orders or regulations of governmental authorities or restrictions provided by law or any other similar circumstance which are beyond a party’s control. The time of performance of any obligations shall be postponed for the period of the delay.
The headers of paragraphs of this Contract are for ease of reference only and they will not have binding effects.
This Contract and all policies and documents mentioned under this Contract constitute the entire agreement between BestCreativity and the User with reference to the use of BestCreativity.com and the related services and they will replace and supersed any previous agreement between the parties in relation to their subject matter, as well as any inconsistencies in any other website linked to this Site.
These terms and conditions of use are written both in Italian and in English. In case of differences, conflicts or inconsistencies between the Italian and the English version, the Italian version shall prevail.