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Terms and Conditions of Use of the ushare.marketing website

  1. Subject: Scope of application.
    1. These Terms of Use (hereinafter: the “Terms of Use”) govern the use of the website www.ushare.marketing.
    2. This site, owned by SPM S.r.l. (hereinafter: “SPM”), serves the purpose of presenting the company, the Ushare Community, the distributed products and services, and enabling potential free registration.
    3. Please carefully read the following terms of use before accessing the Ushare website. Use of this site is only permitted under these conditions, and use constitutes acceptance of them. If the user does not intend to accept these conditions, please refrain from browsing the pages of this site.
  2. Account
    1. To proceed with registration and create a personal account – free of charge – on the website www.ushare.marketing, the user must follow the procedure outlined on the site, providing the requested personal data, along with an email address and password.
    2. The User is prohibited from entering the personal data of third parties, as well as from providing false, invented, and/or imaginary information. By registering on the site and creating an account, the user declares and warrants that the data provided to SPM during the registration process, or at any other time in their relationship with SPM, are accurate, complete, and refer solely to themselves. The user agrees to hold SPM harmless and indemnified from any damages, compensation obligations, and/or sanctions arising from, or in connection with, breach by the user of the warranty set forth in the Section 2.2, and/or violation of the rules on the Site registration and/or the safekeeping of registration and Account creation credentials. If the user needs to modify the data originally entered, they must contact SPM’s dedicated assistance service (usharesupport.com), providing a reason for the request and attaching documents verifying the requested modifications.
    3. Each user may benefit from only one registration on the site. Therefore, it is forbidden for the user to create multiple accounts referring to the same person, even when using truthful data. In the event of a violation of this prohibition, SPM reserves the right to close all accounts associated with the same individual. The user agrees to hold SPM harmless and indemnified from any damages, compensation obligations, disbursements, and/or sanctions arising from, or in any way connected to, the user’s violation of this provision stated in Art.2.3.
    4. SPM retains the right to refuse registration on the website (and thus the creation of an account) to any user who: (i) has previously violated these Conditions of Use; (ii) has been involved in any form of fraud, particularly related to credit card payments; (iii) has released and/or provided false, invented, imaginary, incomplete, or otherwise inaccurate identifying data, and/or data referring to third parties.
    5. The access credentials to the Account (email address and password) must be securely kept with the utmost care and attention by the user. As they are strictly personal, they can only be used by the user and cannot be transferred to third parties. The user agrees to keep their credentials confidential and ensure that no third party gains access to them. The user also agrees to immediately inform SPM if they suspect or become aware of any improper use or disclosure of their credentials.
    6. Registration grants users access to the following additional activities via their account: – Check the status of any purchase orders and view the archive of previously placed orders; – Change the login password; – Take advantage of dedicated services that may be activated (and made available) by SPM over time.
  3. Obligations of SPM. Assistance
    1. SPM commits to providing the User with access to the Account and to maintaining its technological platform updated, ensuring adequate security standards in accordance with the state of the art and available technology.
    2. SPM offers the User an assistance service intended to provide support, which is accessible by visiting the website www.usharesupport.com and completing the appropriate form (“Contact Us”). Any form of assistance provided to the User concerning programming and/or management issues not directly related to the functionality of the SPM Services, or related to the operation of the User’s devices, is excluded.
  4. Limitations of Liability
    1. SPM declares and warrants that the technological platform underlying the functioning of the Account is free from defects that would exclude and/or significantly reduce its usability compared to the relevant description provided by SPM.
    2. Except as provided in Art.4.1. above, and without prejudice to the mandatory limits of the law, SPM does not guarantee uninterrupted or error-free operation of the Account due to technical problems.
    3. Without prejudice to the mandatory limits of the law, SPM shall not be liable for damages of any kind or nature arising to the User from the use of the Account, unless such damages result from malfunctions of the aforementioned technological platform for which SPM is responsible.
    4. SPM shall not be liable for any unauthorized access to the Account made by third parties using the User’s credentials.
    5. For services provided by parties other than SPM, SPM does not offer any warranties and consequently does not provide assistance as outlined in Article 3 above. Additionally, the limitations of liability outlined in Articles 4.2., 4.3., and 4.4. above, pertaining to SPM, shall also apply to the aforementioned services.
  5. Intellectual Property Rights
    1. The intellectual property rights owned by SPM or third parties (including companies controlled by and/or parent companies of SPM, or other companies that are part of the same Corporate Group to which SPM belongs) to the operating interface, logos, trademarks, and any other distinctive signs of SPM or third parties (hereinafter referred to as “Intellectual Property”), are and shall remain the exclusive property of SPM and/or the respective third-party owners (including companies controlled by and/or parent companies of SPM, or other companies that are part of the same Corporate Group to which SPM belongs).
    2. The User acknowledges and agrees that all economic exploitation rights related to the Intellectual Property remain vested in SPM.
    3. The User is prohibited from:
        i Removing, obscuring, or modifying the General Conditions or any notices or links related to these General Conditions or copyright notices or any other proprietary notices contained within the Account;
        ii Using, printing, or displaying SPM information and content without prior written consent from SPM;
        iii Registering any Intellectual Property owned by SPM or third parties (including companies controlled by and/or parent companies of SPM, or other companies that are part of the same Corporate Group to which SPM belongs), or registering or facilitating the registration of Intellectual Property that may be confused with those owned by SPM or third parties (including companies controlled by and/or parent companies of SPM, or other companies that are part of the same Corporate Group to which SPM belongs). This obligation extends to the registration of any domain name owned by SPM or third parties (including companies controlled by and/or parent companies of SPM, or other companies that are part of the same Corporate Group to which SPM belongs).
  6. Suspension and/or Interruption of the SPM Services. Closure of the Account by SPM
    1. The User acknowledges and accepts that access to the Account and/or the website www.ushare.marketing may be subject to suspension or interruption, either wholly or partially, due to reasons beyond the control of SPM. These reasons may include, but are not limited to, slowdowns, congestion and/or overloading of the system, Internet access network, telephone lines and processors handling telematic traffic, tampering or illicit interventions by third parties on services or equipment used by the Account and/or the website www.ushare.marketing, extraordinary events, as well as unforeseen circumstances or force majeure events. Force majeure events refer to natural disasters (such as earthquakes, floods, landslides, tsunamis, and events for which a state of emergency or natural disaster has been declared by the competent authority), government actions and measures, fires (including those in the data center), explosions, riots, embargoes, sabotage, terrorist acts, acts and measures of civil or military authorities, strikes, and power outages.
    2. Access to the Account and/or the website www.ushare.marketing may also be subject to total or partial suspensions for maintenance interventions as outlined in Article 7 below, or to address faults, defects, malfunctions of one or more infrastructure elements, or in the event of emergencies or threats relating to IT security. In such cases, suspension may occur at the discretion of SPM, without prior notice to the User. SPM will endeavor to restore the functionality of the website www.ushare.marketing and/or access to the Account as soon as possible. This shall not entail any liability on the part of SPM, nor shall the User be entitled to any compensation for any reason.
    3. SPM reserves the right to close the Account if the Account and/or the website www.ushare.marketing, have been, – in whole or in part – used by unauthorized third parties, or if the User has violated these Conditions of Use, or if there has been a violation of current laws and regulations. This action may be taken without prejudice to SPM’s right to take legal action against the User to protect its rights and seek compensation for any damages incurred.
    4. Except in cases where immediate closure of the Account is deemed necessary by SPM, the User will be notified of such closure with a written notice given 3 (three) days in advance.
  7. Maintenance.
    1. SPM retains the right to conduct maintenance work (hereinafter referred to as “Maintenance”) on the systems and technology platforms. Maintenance may include:
        i Corrective maintenance, involving interventions aimed at rectifying malfunctions or errors (e.g., bugs), based on tests and reports received;
        ii Evolutionary maintenance, involving interventions carried out and decided independently by SPM to improve functionality and usability, add new features and functions, and adapt to regulatory changes and the evolving context (updates);
      In either case, Maintenance will be conducted in a manner determined by SPM, including the release of updates or new versions to replace the previous ones. The User’s access to and use of the Account and/or the website www.ushare.marketing will be suspended for the duration of the Maintenance.
  8. Closure of the Account by the User
    1. The User has the right to close their Account at any time by providing written notice to SPM. This notice can be given by accessing the website www.usharesupport.com and completing the appropriate form (“Contact Us”).
    2. The closure of the Account will be effective 5 (five) days after the relevant communication to allow SPM to implement the necessary technical interventions for the closure.
  9. Protection of Personal Data
      SPM is committed to complying with the obligations established by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the “protection of natural persons with regard to the processing of personal data and the free movement of such data” (hereinafter referred to as the “GDPR”), as well as relevant national regulations and provisions of the Guarantor Authority for the protection of personal data. The “Information notice” pursuant to Article 13 GDPR can be found at the following link: https://staging.ushare.marketing/privacy-policy. It is imperative that you read this information so that the Contract can be concluded.
  10. Cookies
      For detailed information regarding the use of cookies, please refer to our specific Cookie Policy.
  11. Applicable law. Jurisdiction
      The use of the ushare.marketing website and these Terms of Use are governed by Italian law. The competent court is Rome (Italy)