GENERAL TERMS AND CONDITIONS OF USE
- of the B-ETHNICBEE website -
The following terms have the meaning indicated below, with the understanding that terms defined in the plural are also defined in the singular and vice versa:
|General Terms||refer to the present general terms and conditions of the contract that govern the relationship between B-ETHNICBEE and the Customer regarding the use of the Services purchased in the Order.|
|B-ETHNICBEE||refers to the website registered at https://b-ethnicbee.com, represented by its legal representative pro tempore Locardine Dzoumi , Via Trento 46, 20093 Cologno Monzese DZMLRD78C48Z306Q .|
|User||refers to any subject, natural or legal person, who browses on the website|
|Products||refer to the products offered by users on B-ETHNICBEE, as described in the specific section of the Platform. The products on display on the platform are of the most different nature, sharing the common characteristic of being part of an ethnic heritage.|
|Services||refers to the services, offered by users on B-ETHNICBEE, as described in the specific section of the Platform. These includes but are not limited to: money transfer, adoption services, interior design, entertainment, and others.|
|Platform||refers, in general, to the digital platform of B-ETHNICBEE accessible by the User and through which the User can publish and advertise Services and Products.|
|Showcase website||refers, specifically, to the section of the platform through which the User can place and manage posts to advertise Products and related Services|
|Confidential Information||refers to information, data, knowledge, know-how, studies, research methods, processes, formulas, ideas, projects, designs, trademarks, technical reports, software, source codes, and anything else related directly and/or indirectly to the Products, Platform, and activity carried out by B-ETHNICBEE, which are qualified as confidential by B-ETHNICBEE itself, or whose unauthorized disclosure may be detrimental to the interests of B-ETHNICBEE|
|Content||all works and materials (including, without limitation: text, graphics, images, audio, material video, material audio-visual, material scripts, software and files) that you submit to us or our platform for storage or publication processing by or onward transmission; and all communications on the platform including product reviews, feedback and comments.|
- Welcome to the website B-ETHNICBEE ("Platform", “We” or “Website”). These Terms and Conditions govern your access as a User of the Platform and the Products and Services showcased on it. Please read these Terms carefully before using the Platform and its Services.
- The Company operates as a website platform for the advertisement of product and services related to African craftsmanship. The product and services promoted on the platform can have the widest scope and nature. Users can sign up with the website in order to offer a product and/or service or look for one.
- These general terms and conditions shall apply to Users on the Platform and shall govern your use of the website and related services.
- By using our website you accept these general terms and conditions in full. If you disagree with these general terms and conditions, or any part of these general terms and conditions, you must not use our Platform.
- The present General Terms and Conditions of Use identify the overall contractual arrangement between B-ETHNICBEE and the User regarding the conditions of use of Platform.
- If you use our Platform in the course of a business or other organizational project then by so doing you:
- Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
- Bind both yourself and the person, Company or other legal entity that operates that business or organizational project to these general terms and conditions; and
- Agree that you in these general terms and conditions shall reference both the individual user and the relevant person, Company or legal entity unless the context requires otherwise.
- Registration and account
- To publish Products and/or Services on the website, firstly it is necessary to complete the registration procedure on the Platform. To complete the registration procedure, Users need to provide data such as name, surname, username, email address.
- Once the registration process is completed, the User will receive an email confirming the registration and will be able to access their account and, at their discretion, complete, modify, and/or delete it.
- The User may not register on the Platform unless already 18. Therefore, by using our website or agreeing to these general terms and conditions you warrant and represent to us that you are at least 18 years of age.
- If you register for an account with our Platform you will be asked to provide an email address/user ID and password and you agree to:
- keep your password confidential;
- Notify us in writing immediately (using our contact details) if you become aware of any disclosure of your password; and
- Be responsible for any activity on our website arising out of any failure to keep your password confidential and that you may be held liable for any losses arising out of such a failure.
- Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
- We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation.
- Rules about your content
- Your content and the use of your content by us in accordance with these general terms and conditions must be accurate complete and truthful.
- Your content must be appropriate, civil and tasteful in accord with generally accepted standards of etiquette and behaviour on the internet and must not:
- be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
- depict violence in an explicit graphic or gratuitous manner; or
- be blasphemous in breach of racial or religious hatred or discrimination legislation;
- be deceptive, fraudulent, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory;
- constitute spam.
- Your content must not be illegal, unlawful, infringe any person's legal rights or be capable of giving rise to legal action against any person. Your content must not infringe or breach:
- any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
- any right of confidence right of privacy or right under data protection legislation;
- any contractual obligation owed to any person;
- any court order.
- You must not use our Platform to link to any website or web page consisting of or containing material that would breach the provisions of these general terms and conditions.
- You must not submit to our Platform any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- You acknowledge that all users of the website are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
- We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.
- If you learn of any unlawful material or activity on our Platform or any material or activity that breaches these general terms and conditions you may inform us by contacting us as via the “Contact Us” section on the website.
- Our rights to use your content
- You grant to us a worldwide irrevocable non-exclusive royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content on our platform and across our marketing channels and any existing or future media.
- You grant to us the right to sub-license the rights licensed under section 5.1
- You grant to us the right to bring an action for infringement of the rights licensed under section 4.1
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- Without prejudice to our other rights under these general terms and conditions if you breach our rules on content in any way or if we reasonably suspect that you have breached our rules on content we may delete unpublish or edit any or all of your content.
- Copyright and trademarks
- Subject to the express provisions of these general terms and conditions:
- we together with our licensors own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- all the copyright and other intellectual property rights in our website and the material on our website are reserved.
- B-ETHNICBEE logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks and such use may constitute an infringement of our rights.
- The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
- Subject to the express provisions of these general terms and conditions:
- Breaches of these general terms and conditions
- If we permit the registration of an account on our website it will remain open indefinitely subject to these general terms and conditions.
- If you breach these general terms and conditions or if we reasonably suspect that you have breached these general terms and conditions in any way we may:
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- block computers using your IP address from accessing our website;
- contact any or all of your internet service providers and request that they block your access to our website;
- suspend or delete your account on our website; and/or
- commence legal action against you whether for breach of contract or otherwise.
- You agree to indemnify and hold the Platform, its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute), made by any third party due to or arising out of your use of the Platform or Services in violation of these Terms or your violation of any law or the rights of any third party.
- Changes to terms
- The Platform reserves the right to modify these Terms at any time. The modified Terms will be effective immediately upon posting on the Platform. Your continued use of the Platform or Services after the posting of the modified Terms constitutes your agreement to be bound by the modified Terms.
- Data privacy
- The Customer acknowledges that all Confidential Information that it becomes aware of during the execution of the contract is of a confidential and private nature and, therefore, shall not to use or disclose it to third parties, in any way and by any means, for purposes other than those of the contract. The obligation of confidentiality provided above does not apply to information that is in the public domain.
- The Customer shall protect the private nature of the Confidential Information with the same care with which it protects the privateness of its own confidential information and, in any case, with the professional diligence that is appropriate to protect such Confidential Information.
- Outside the purposes set forth in this article, Confidential Information may not be copied or reproduced without the prior written consent of B-ETHNICBEE.
- The provisions contained in this article shall remain valid and effective for the entire duration of the contract and subsequently after termination, for any reason.
- Law and jurisdiction
- These general terms and conditions shall be governed by and construed in accordance with Italian laws.
- Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the Milan forum.
- Final Provisions
- In the event that any provision of these General Conditions is or becomes invalid or ineffective, such invalidity or ineffectiveness shall not affect the validity or effectiveness of the other provisions, which shall remain in force between the parties. The parties agree to replace the invalid or ineffective clauses with valid and effective clauses, which are as close as possible to the parties' intentions.
- The failure of the Company to exercise any right granted to it by these General Conditions does not constitute a waiver of such right, nor should it be interpreted as such by the Customer or any other party.
- The Customer agrees to comply with all applicable community, state, and local laws, including regulations regarding the processing and dissemination of all data, as well as all rules and regulations, terms, and conditions of all third-party websites, platforms, or applications.
Pursuant to articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have read and expressly accepted the clauses contained in the following articles, 4. OUR RIGHT TO USE YOUR CONTENT, 11. LAW AND JURISDICTION