Terms and conditions for the utilization of the website www.ntvspa.it
1. Terms and conditions for the utilization of the website.
2. Acceptance of the Conditions.
3. Access to the Website. Limitations and Liability.
4. User Registration. Account.
5. Contents and services.
6. Authentication credentials. Account Data.
7. Conditions and Website modifications.
8. Use of the Website. Prohibitions.
9. Copyright.
10. Trademarks and identification features of NTV
11. Information and materials sent by the User (upload). Prohibitions and limitations.
12. Liability.
13. Warranties.
14. Links from and to the Website.
15. Availability and revocation of the access/use of the Website.
16. Applicable law and proper venue.
1. Terms and conditions for the utilization of the website
The website www.ntvspa.it (hereinafter, also, the “Website”) is aimed to supply the users with any relevant information regarding the corporate organization and the activities carried out by Nuovo Trasporto Viaggiatori S.p.A. (hereinafter, also, "NTV").
In the present document (hereinafter, also, the "Conditions") the term "visitors"(hereinafter, also, "Users" or, singularly, the "User") refers to each person who enters the Website and/or utilizes it with or without the authorization of NTV regardless of the registration to the Website or to a service provided by the Website.
2. Acceptance of the Conditions
Through the consultation and/or the acquisition of contents and/or services of the Website (through the reading, the downloading or other procedure), the loading of information and/or materials for the upload and/or with any other use of the Website and of its contents, the User accepts and undertakes to comply with the present Conditions without any modification, as well as to comply with all the applicable legislative provisions.
Whether the Website or some of its parts should contain further conditions, rules, dispositions, codes of ethics or instructions for the User, the User also undertakes to comply with them.
In case of non-acceptance - even partial - of the present Conditions by the User (as well as of further conditions, rules, dispositions, ect. on the Website), the User will not be allowed to enter and utilize the Website.
3. Access to the Website. Limitations and Liability.
The access to the Website and/or to its contents/services may be restricted by NTV up to a limited number of accesses and/or to a predetermined duration.
This Website or some of its parts may contain contents addressed only to adults. To enter and to active such contents, the User must be at least eighteen years old. Each User entering the Website (with or without registration to the Website or to any of its services), will be considered liable not only for the control of the possible access made by persons who are not eighteen years old, but also for the decision concerning the suitability or not of such contents to them.
4. User Registration. Account
In order to allow the User to enter the Website and to use the materials, contents and/or services on the Website or to upload materials and/or to send communications through the Website, it may be requested to the User to register or to supply some personal data and/or information.
The User undertakes to supply his personal data and information complete, updated and true as well as to communicate to NTV each modification of such data/information. NTV reserves the right to refuse and/or inhibit to the User – at its discretion – to access to the Website, to register and/or, however, to acquire materials, contents and/or services on the Website, as well as the right to revoke, interrupt or suspend the Account created for the User. NTV reserves, moreover, the right to revoke, interrupt or suspend the Account created for the User even in case the User has not been authorized for a predetermined length of time (12 months) or when, once made the log-in, the Account has not been used for a predetermined length of time (12 months).
5. Contents and services
In case the User intends to make use of, receive or download contents, materials or services (even with fee) potentially present on the Website or through the link to the Website (for example, sound, images, video, etc.), the User undertakes to previously verify and guarantee – assuming any relative liability – that the access/reception devices used support the access/reception proceeding (download) as well as the transferring proceeding and that such devices are compatible with the format of the contents, materials and services present on or linked to the Website (hereinafter, also, the "Contents").
Once downloaded and/or transferred the Contents, the User will be no more allowed to:
(i) save or use the Contents through devices and/or instruments different from the ones used for the access/reception, the elaboration and the modification of the Contents;
(ii) ask for the reimbursement of the potential consideration previously paid;
(iii) copy, distribute or forward the Contents to third persons;
(iv) allow to third persons to access to the Contents.
6. Authentication credentials. Account Data
The User is liable for the secrecy of its own authentication credentials (ID, Password, etc.) and, however, for all the information needed to enter and use the Website.
The User is also liable for all the activities carried out through its Account.
The User undertakes to immediately communicate to NTV any further not authorized use of its Account.
In case of communication to third persons and, however, in case of not authorized use of the authentication credentials, NTV will be entitled to suspend, interrupt or delay the registration, the Account, and, in any case, to inhibit to the User the access to the Website.
7. Conditions and Website modifications
At any time, NTV - at its discretion and with no information duties towards the User - will be entitled to make all the needed and/or the convenient modifications, integrations and/or updates to the Website, to its Contents, software and/or other materials present or available on the Website, including the present Conditions.
Any modification and/or integration of the present Conditions (and/or of other terms and conditions eventually present on the Website) will be communicated by NTV to the User by the presentation on the Website or by other means of communication. Each User entering the Website further to the modifications and/or integrations of the Website, will accept such binding modifications and/or integrations as from the presentation/communication date, even in case the User has not entered the Web page on which such contents have been presented.
8. Use of the Website. Prohibitions
NTV grants to the User the limited right to enter and use the Website for personal and not commercial purposes, and, in any case, observing NTV and thirds’ rights (including copyright, industrial property rights, etc.) having as object the Contents, the information and/or the materials present and/or available through the Website.
To the User is expressly forbidden, as example and with no pretence of completeness:
- any use of the Website and its Contents for purposes and/or aims different from the ones above mentioned and, particularly, for commercial uses and purposes;
- any use of the Website and its Contents not expressly allowed by the present Conditions and/or by specific rules and dispositions contained on the Website from time to time as, for example, the download, the modification, the communication, the distribution, the transmission, the copy, the duplication, the publication of the Contents present or linked to the Website, including personal data, information, graphics, images, photos, drafts, descriptions, collection of texts, video, audio, music and sounds, utilities, software and collection of software, driver and other additional software, contents of the newsletters sent by e-mail or similar communications sent by NTV or in name and on behalf of NTV, as well as all the other Contents of the Website drafted and/or sent directly by NTV, by its subsidiary companies or by their suppliers of products and/or services;
- any derivative use of the Website or of its Contents (for example framing), as well as any other use of the Contents in another website, server or area linked on the web;
- any use of the Website and its Contents in violation of applicable law provisions as well as any further use able to damage the Website (including interruption or limitation of it or of its Contents);
- any access and any attempted access without authorization to areas or contents of the Website or to the Account of other Users or to areas linked to the Website;
- the collection or the attempt of collection of information and/or personal data of third persons through the Website;
9. Copyright
The rights connected to the Contents present on the Website or available through it, are reserved to NTV accordingly to the applicable law.
Against the access and the use of the Website, NTV does not grant (and the User does not acquire) any right relative to the Contents reviewed, acquired or used by the User. The contents and the materials of the Website, including their selection and disposition, are ownership of NTV or of NTV subsidiary companies as well as of their suppliers, and is protected by the law and, particularly, by the law in force relative to copyright and industrial property rights. The authorization to enter and use the Website (with reference to the above mentioned purposes) is expressly conditioned to the recognition, respect, and protection by the User of each note, warning or provision relative to copyright and industrial property rights (patents, trademarks, and/or other identification features of NTV or thirds) and, however, of any other right having as object the protection of the Contents of the Website.
The User does not acquire the ownership and/or, however, any right on e-mail addresses, URL or other personal identification numbers supplied by NTV or chosen by the User in order to access the Contents available through the Website.
The limited rights of the User having as object the use of the above mentioned personal identification numbers, will be valid until the registration or the Account used by the User to enter the Website will keep their validity. At the end of the validity of the registration or of the Account, NTV will be free to revoke, interrupt or suspend the use of the personal identification numbers of the User or to assign such number to another User at its discretion.
10. Trademarks and identification features of NTV
"NTV" is a trademark of Nuovo Trasporto Viaggiatori S.p.A.
Any further trademark, denomination, sign, logo, internet address, name of products or service and their derivatives describing products or services of NTV or of NTV subsidiary companies or containing the word "NTV" included in the Contents of the Website, is a registered trademark, and, however, is ownership of NTV or of NTV subsidiary companies.
Further names and identification features relative to the product or to the company used on the Website may reveal filed trademarks and, however, trademarks belonging to other persons.
The User is not allowed to use in any way and in any form the trademarks and the identification features of NTV or of third persons present on the Website or available through it.
The Website, the graphics and the texts are subjected to protection and all the rights are reserved to NTV or to third effective owners.
11. Information and materials sent by the User (upload). Prohibitions and limitations
The information, the contents and the materials inserted or sent by the User to the Website or though it (hereinafter, also, the “Contents of the User”) are subject to the following provisions.
As Materials of the User have to be considered all the information, contents and/or materials sent or communicable to NTV or to third persons (including other Users) through the Website or inserted or loaded by an User on the Website or on other connected informative devices. The Materials of the User include, as example and with no pretence of completeness, photos, video and other type of images, sounds, graphics, files or data, information referred to natural personsor similar, messages, e-mail or similar communications, files, texts, opinions or other information.
Loading the Materials of the User on the Website, transferring or putting at disposal of NTV or of third persons the Materials, the User guarantees to NTV the limitless, free, irrevocable and not exclusive right to use such Materials, even for commercial purposes. This right includes, as example, the copy, the sub-license, the reproduction, the modifications, the adjustment, the publication, the translation, the public representation, the exposition and the distribution of the Materials of the User, as well as their incorporation (total or partial) in any form, with any instrument or technology already known or still to develop.
The aforesaid provisions do not apply to personal data of the User that will be handled in compliance with the applicable law relative to personal data protection according to the modalities and purposes provided for in the informative notice available on the Website.
As example and with no pretence of completeness, the User will not be allowed to upload, to communicate, to transmit and/or to publish on the Website or through it:
- sexual, pornographic, blasphemous, libellous, deceiving, vulgar, obscene or offensive information and materials;
- offences, insults of intimidations;
- contents and materials relative to violent acts, mistreatments, childish pornography or the selling, the distribution or the promotion or arms or drugs;
- contents and materials having as object advertising, market researches or prize competitions;
- chain/pyramid communications (so called “catene di S. Antonio”);
- criminal or fraudulent offers;
- audio files, software, images (fixed or in movement), literary, artistic works or other contents or materials protected by the applicable law (including copyright), unless the User is not the owner of the exclusive rights on such contents and/or materials and save the User has received all the authorizations required to use such contents and materials;
- any kind of contents and materials containing personal or reserved information of third persons, both natural and legal persons, including phone numbers, addresses, e-mail addresses, account numbers of other Users, password and financing information, expect for such personal information of the User forwarded by the User itself in order to register to the Website or to open an Account;
- software, files and other materials having destructive or disturbing features as virus, modified files and, in general, any other element able to attempt or compromise the integrity, functionality or the on-line communication of the Website.
In case of breach (or simple suspect of breach) of the aforesaid provisions, NTV reserves the right to suspend, interrupt, or delay the access of the User to the Website or to its Account, as well as to avoid to access and use its relative Contents, save the right to forward the Materials of the User to the competent Authorities for the consequent determination.
However, NTV reserves the right to prohibit or avoid the transmission, the distribution, the diffusion, the loading, the presentation or the saving on the Website or through it, as well as the right to delay from the Website, all the Materials of the User that NTV deems, at its own discretion, to be inadmissible, inopportune, or simply unpleasant.
12. Liability
The User is liable for damages connected, consequent or linked to the typology, the features and/or the compatibility of the hardware/software equipment used to enter and use the Website, as well as for the payment of phone’s services and for any further web fees required to access and use the Website and its Contents.
Texts, information, materials and any further advertising material presented on or available through the Website, have to be considered unofficial and informative materials, save for further indications present on the Website.
According to civil, criminal and administrative law provisions, the User is liable for damages deriving to persons (including NTV and the User) and/or to things as a consequence of the access to the Website, as well as for the use of the Contents present or available through the Website (including the contents put at disposal or forwarded by other users or by third persons even through links, etc.), to use the services potentially offered or put at disposal by third persons (even through links, or links to the Website), as well as for the not-authorized, not adequate and/or illegal use of the services potentially put at disposal by NTV.
Therefore, the User expressly relieves NTV from any kind of liability for damages potentially derived and/or deriving to itself, to devices used to enter the Website (hardware and software, even if owned by third persons), to third persons (including – as example and with no pretence of completeness – other Users of the Website, not-authorized persons entering the Website through the Account of the User, third persons activating links), as well as for potential damages derived or deriving to the Website. The User, however, undertakes to hold harmless and indemnify NTV and its staff from any action, pretence, query, claim by anyone proposed for any reason in relation to accidents, incidents, and/or damages (including the ones caused to the Website) deriving, consequent and/or connected to the access and to the use of the Website, as well as to the Contents available through it.
In particular, only the User will be liable for (with the duty to hold harmless and indemnify NTV) for all the potential damages to anyone caused (including NTV and the User) deriving by:
- the use, the upload, the transmission and/or the use of information, materials and/or contents by the User (Materials of the User);
- not-authorized access (also by persons who are not eighteen years old) to the Website, to the Account and/or to the areas reserved to the User;
- automatic forward and/or diffusion of communications and/or virus or other invasive or destructive software both to the Website and to others’ information devices.
In any case NTV will be considered liable for damages caused by the User to third persons as a consequence of the erroneous, not authorized and/or illegal access and/or use of the Website, as well as the access and the use of the Contents available through the Website.
13. Warranties The Website and its Contents are put at disposal according to the qualitative and quantitative features decided by NTV.
Therefore, NTV does not supply any further warranty relative to:
- the pertinence and accessibility to the Website by the User or the availability of it to the use in any place;
- the absence of informative virus or further software, components or damaging elements on the Website and/or in its hosting servers;
- the correctness and/or the updating of any text, information and/or declaration present on the Website or available through it;
- the continued and without interruption availability of the Contents of the Website.
NTV does not guarantee from, and may not be considered liable for, any loss, cancellation, elimination or failed transmission and/or supplying to the addressee of contents, materials and/or information inserted, uploaded or forwarded through the Website, as a consequence of failures, informative virus, access by not authorized thirds persons or in any other way.
14. Links from and to the Website
The User is not allowed to make any kind. of informative, electronic, telematic link (for example, hypertextual links) from and to the Website without the express authorization of NTV.
NTV or third persons (authorized by NTV) will be allowed to realize and make links from and to the Website (from and to other websites or web resources managed by third persons). In any case, the realization of such links will imply the acceptance or the approval by NTV of other websites and their relative contents, as well as the existence of any economical/juridical relationship with the relevant third administrator.
The acceptance by the User of a link existing on the Website to any other external website is at the exclusive User’s risk and under its sole liability.
NTV will not be liable for damages deriving to the User and/or to third persons as a consequence of link to websites and external resources or from the access to the relative contents, materials and services. NTV does not take any liability for the exactness, updating, legitimacy or the decency of the contents, materials and information present or available on the websites and in the external connected resources.
15. Availability and revocation of the access/use of the Website
At any time, NTV will be allowed to revoke the access of the User to the Website or its registration, in case the User has not registered any access to its Account or any log-in for at least 12 months.
Moreover, NTV reserves the right to interrupt, suspend and/or revoke – at any time and at its discretion – the access and the use of the Website as well as to the relative Account used by the User or by all the Users.
16. Applicable law and proper venue
The present Conditions are ruled by the Italian law.
Any litigation having as object the present Conditions (or further terms and conditions present on the Website including the ones relative to their validity, effectiveness, interpretation and/or execution) is deferred to the exclusive competence of the Venue of Rome, expressly excluding any other judicial authority.