FLxER - PERFORMING VIDEO NETWORK AND SOFTWARE



Terms & conditions

Terms & conditions

This agreement was written in Italian (IT). To the extent any translated version of this agreement conflicts with the Italian version, the Italian version controls.

Please note that the purpose of Flyer, the Community and all that is connected to the Flyer is the development of the system, the promotion of new technologies, information disclosure and without any commercial purposes.

Please note that the goal of Flyer activities of community and experimentation is the development and dissemination of projects based on the sharing of knowledge particularly in the field of digital art and all disciplines related to new technologies.

Precisely for this purpose Flyer does its best to create a global community with a consistent standard for all, but also to respect local laws.

You therefore agree that your personal data transferred to and processed in Italy.

For a better understanding of the goals of the Flyer went Community Guidelines.

Date of Last Revision: 08 febbraio 2011.

This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with Flyer. By using or accessing Flyer, Flxer, Vj Televiosion, LPM you agree to this Statement.

1. Your relationship with Flyer

1.1 Your use of the Flyer website and any Flyer products, channels, software, data feeds and services, provided to you on, or from, or through the website by Flyer (collectively the "Service") is subject to the terms of a legal agreement between you and Flyer. "Flyer" means Flyer Communication Srl, whose principal place of business is at Roma, Cardinal de Luca 10, 00196, Italia, which includes projects FLxER, VJ Television, LPM, Shockart, Artigianato Digitale e WAM to be understood fully performed under the name "Flyer".

1.2 Your legal agreement with Flyer is made up of : the terms and conditions set out in this document, Flyer's Privacy Policy and Flyer's Community Guidelines (collectively called the "Terms").

1.3 The Terms form a legally binding agreement between you and Flyer in relation to your use of the Service. It is important that you take the time to read them carefully.

1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.

2. Accepting the Terms

2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.

2.2 You can accept the Terms by simply using the Service. You understand and agree that YouTube will treat your use of the Service as acceptance of the Terms from that point onwards.

2.3 You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms

3.1 Flyer reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") newsletter will be sent by all users or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.

4. Flyer accounts

4.1 In order to access some features of the website or other elements of the Service, you will have to create a Flyer account. When creating your account, you must provide accurate and complete information. It is important that you must keep your Flyer account password secure and confidential..

4.2 You must notify Flyer immediately of any breach of security or unauthorised use of your Flyer account that you become aware of.

4.3 You agree that you will be solely responsible (to Flyer, and to others) for all activity that occurs under your Flyer account.

5. General restrictions on use

5.1 Flyer hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:

  1. you agree not to alter or modify any part of the Website or any of the Service;
  2. you agree not to use the Service for any of the following commercial uses unless you obtain Flyer's prior written approval:
    1. the sale of access to the Service;
    2. the sale of advertising, sponsorships or promotions placed on or within the Service, or Content;
    3. the sale of advertising, sponsorships or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service unless other material not obtained from Flyer appears on the same page and is of sufficient value to be the basis for such sales.
  3. you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Flyer account names);
  4. you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
  5. you agree not to solicit, for commercial purposes, any users of the Website with respect to their Content;
  6. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Flyer or the respective licensors of the Content.

5.2 You agree that you will comply with all of the other provisions of the Terms and the Flyer Community Guidelines at all times during your use of the Service.

5.3 Flyer is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Flyer provides may change from time to time without prior notice to you.

5.4 As part of this continuing innovation, you acknowledge and agree that Flyer may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Flyer's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Flyer when you stop using the Service.

5.5 You agree that you are solely responsible for (and that Flyer has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Flyer may suffer) of any such breach.

5.6 You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.

6. Privacy Policy and copyright

6.1 Flyer operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.

6.2 Flyer will terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

6.3 If a video contains your personal information without your consent, such as your image, your name or your social security number, please report this violation of privacy.

7. Content

7.1 As a Flyer account holder you may submit Content. You understand that whether or not Content is published, Flyer does not guarantee any confidentiality with respect to Content.

7.2 You retain all of your ownership rights in your Content, but you are required to grant limited licence rights to Flyer and other users of the Service. These are described in paragraph 8 of these Terms (Rights you licence).

7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. Flyer does not endorse any Content or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content.

7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Flyer to use your Content for the purposes of the provision of the Service by Flyer, and otherwise to use your Content in the manner contemplated by the Service and these Terms.

7.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for Flyer to use or possess in connection with the provision of the Service.

7.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant Flyer the licence referred to in paragraph 8.1 below.

7.7 On becoming aware of any potential violation of these Terms, Flyer reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.

7.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Flyer with respect to any such Content.

7.9 If you choose to terminate their relationships with Flyer each Content posted under your account will be left in the availability of Flyer unless it expressly states want to delete that content through written request; the elimination of the Content will at the time of the request, unless the contents have not been used by Flyer or third parties during the term of the agreement.

7.10 When you delete content they are deleted in a similar way when you empty the trash on your computer. However, it is possible that the contents removed are stored in backup copies for a specified period of time (although not visible to others).

7.11 Comments or suggestions from members about Flyer are always welcome. However, the user should be aware that we could use it without obligation for compensation against him (in the same way in which the user is not obliged to offer them).

8. Rights you licence

8.1 When you upload or post Content to Flyer, you grant:

  1. to Flyer, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Flyer's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats (and through any media channels);
  2. to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.

9. Ending your relationship with Flyer

9.1 The Terms will continue to apply until terminated by either you or Flyer as set out below.

9.2 If you want to terminate your legal agreement with Flyer, you may do so by (a) notifying Flyer at any time and (b) closing your Flyer account.

9.3 Flyer may at any time terminate its legal agreement with you if:

  1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  2. Flyer is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).

9.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Flyer have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 11.4 shall continue to apply to such rights, obligations and liabilities indefinitely.

10. Limitation of Liability

10.1 Flyer shall not be liable to you for:

  1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of opportunity, or any loss of data suffered by you;
  2. any loss or damage which may be incurred by you as a result of:
    1. any changes which Flyer may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
    2. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
    3. your failure to provide Flyer with accurate account information;
    4. your failure to keep your password or Flyer account details secure and confidential.

11. General legal terms

11.1 The Terms constitute the whole legal agreement between you and Flyer and govern your use of the Service and completely replace any prior agreements between you and Flyer in relation to the Service.

11.2 You agree that Flyer may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.

11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

11.4 The Terms, and your relationship with Flyer under the Terms, shall be governed by EngItalian. You and Flyer agree to submit to the exclusive jurisdiction of the courts of Rome to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Flyer shall still be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.


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