KANITO (“The Site”) is a social network platform where users
can create their own profile, the profile of their dog(s), and share these
contents with other dog lovers and users in general. It is operated by
ECO ALANNO RAPPRESENTANZE TECNOLOGICHE S.R.L., a privately held company
in Rome, V.le Cortina d’Ampezzo 47, VAT 09356111006. The Site is
offered to you as a registered user or simply as a visitor, conditioned
on your acceptance without modification of the terms, conditions, and notices
contained herein. Your use of KANITO website constitutes your agreement
to all such terms, conditions, and notices (the "Terms of Service").
If you do not agree to abide by these or any future Terms of Use, do not
use or access (or continue to use or access) the Site. It is your responsibility
to regularly check the Site to determine if there have been changes to
these Terms of Use and to review such changes.
To receive a copy of this Agreement, please send an email to info(at)kanito.it
with subject “Terms of Service”.
We reserve the right to modify or terminate the KANITO service for any
reason, and without notice, without liability to you, any other Member
or any third party. We also reserve the right to modify these Terms of
Service from time to time without notice. You are responsible for regularly
reviewing these Terms of Service so that you will be apprised of any changes.
If you don’t agree with these updated and changed Terms, you
can unsubscribe to the Site.
KANITO may contain links to other websites ("Linked Sites").
The Linked Sites are not under the control of KANITO and KANITO is
not responsible for the contents of any Linked Site, including without
limitation
any link contained in a Linked Site, or any changes or updates to
a Linked Site. KANITO is not responsible for webcasting or any
other
form of transmission
received from any Linked Site. KANITO is providing these links to
you only as a convenience, and the inclusion of any link does
not imply
endorsement by KANITO of the site or any association with its operators.
You must be 18 years or older to use the KANITO service. By registering
for the KANITO service, you represent and warrant that you are 18 or older
and that you have the capacity to understand, agree to and comply with
these Terms of Service. In addition, you must provide true, accurate and
complete registration information to be a KANITO member.
As part of the registration process, you will be asked to select a username
and password and you will be responsible for all activities occurring under
your username and for keeping your password secure. We may refuse to grant
you a username that impersonates someone else, is or may be protected by
trademark or proprietary rights law, or is vulgar, offensive or otherwise
inappropriate, as determined by us in our sole discretion.
You acknowledge that KANITO reserves the right to charge for any portion
of the KANITO Services and to change its fees (if any) from time to time
in its discretion. If KANITO terminates your Membership because you have
breached the Agreement, you shall not be entitled to the refund of any
unused portion of fees or payments (if any).
According to your status, you can register either as a private user or
as a business. Both these account types are free of charge.
1. Private Accounts: dog owners willing to share photos, videos, blogs
and other facts related to their own dog with other users. This type of
account is for private, non-commercial purpose. Private users cannot register
more than one profile. Double registration will result in deletion of both
accounts and a permanent ban from the Site.
2. Business Accounts: any commercial activity related to the dog industry
willing to have their own virtual window on KANITO to promote their products
and services. Examples of such users are: kennels, pet stores, training
facilities, public shelters, veterinaries, dog food and general articles
producers and distributors, dog magazines and dog associations. Dog Sitters
and Dog Walkers shall be considered Business Users and they should not
register as Private Users on this Site. Business users cannot register
more than one profile. Double registration will result in deletion of both
accounts and a permanent ban from the Site.
Both Private and Business Users can create different profiles for each
dog they own or on which they own the right to show their information.
Opening a profile for a pet means that you own this pet and you certify
that you have the right to distribute these photos and that they do not
violate any copyright laws. Each pet deserves to have one profile. Do not
put more than one pet under one profile.
You may not use the KANITO service for any illegal or unauthorized
purpose. International users agree to comply with all local
rules regarding online
conduct and acceptable content, including laws regulating
the export of data from your country of residence. You
are solely responsible
for your
conduct and any data, text, information, photos, links and
other content ("Materials") that you submit, post, and
display on KANITO service.
We may, but shall have no obligation to, remove Materials that we determine
in our sole discretion are unlawful, fraudulent, threatening, libelous,
defamatory, obscene or otherwise objectionable, or infringes or violates
any party's intellectual property or other proprietary rights or these
Terms of Service.
You agree to pay any copyright fee, royalty, tax and other sum owed to
third parties and related to the posting of Materials on the Site.
Any piece of information that may be deemed by our community to be obscene
will be removed or edited with or without your notice.
Other examples of illegal or unauthorized uses include, but are not limited
to:
• Modifying, adapting, translating, or reverse engineering any portion
of the KANITO service;
• Using any robot, spider, site search/retrieval application, or other
device to retrieve or index any portion or the KANITO service;
• Collecting any information about other Members (including usernames,
passwords and/or email addresses) for unauthorized purposes;
• Reformatting or framing any portion of the web pages or site images that
are part of the KANITO service;
• Creating user accounts by automated means or under false or fraudulent
pretenses;
•
Creating or transmitting unwanted electronic communications such as "spam," or
chain letters to other Members or otherwise interfering with
other Member's enjoyment of the service;
• Submitting Materials of any third party without such third party's prior
written consent;
• Directing any user (for example, by linking) to any Materials of any
third party without such third party's prior written consent;
• Submitting Materials that falsely express or imply that such Materials
are sponsored or endorsed by KANITO;
• Submitting Materials that infringe, misappropriate or violate the intellectual
property, publicity, privacy or other proprietary rights
of any party;
• Transmitting any viruses, worms, defects, Trojan horses or other items
of a destructive nature;
• Submitting Materials that are unlawful or promote or encourage illegal
activity;
• Submitting false or misleading information.
• Submitting commercial products and/or offers without the written consent
of KANITO;
• Creating any interference, interruption or overload of the Site and any
related servers and networks.
• Selling or transferring your account to any other person;
• Using the Site in any mean not allowed by any applicable legislation;
While KANITO prohibits such conduct and content on its site, you understand
and agree that you nonetheless may be exposed to such Materials and that
you use the KANITO service at your own risk. In case you incur in such
contents and conducts, please let us know as soon as possible sending us
an email to info(at)kanito.it or by clicking in the Contact Us link at the
bottom of any Site page.
KANITO has no obligation to monitor communication among its
users through it platform. However, KANITO reserves the right
to review
materials
posted on the Site and to remove any materials in its sole
discretion. KANITO
reserves the right to terminate your access to any function
of the Site at any time without notice for any reason whatsoever.
No User
Content
is checked nor reviewed by KANITO before its publication,
nor these contents reflect KANITO’s opinions.
Always use caution when giving out any personally identifying information
about yourself or your children in any section of the Site. KANITO does
not control or endorse the content, messages or information found in any
communication mean and, therefore, KANITO specifically disclaims any liability
with regard to the use of its Site and any actions resulting from your
participation in any public section of the Site.
In case a user decides to personally meet other people contacted through
our Site, either directly or indirectly, he/she acts at his/her own risk.
KANITO disclaims any liability with regard to improper, dangerous and illegal
behavior and/or action that could result from such decision and that could
harm the user himself, their companions or any other person involved in
such encounter.
You are solely responsible at your sole cost and expense for creating backup
copies and replacing any User Content you post or store on the Site or
provide to the Company.
Private users are not allowed to make use of their account for any commercial
purpose, either by promoting directly to another users, or by posting advertisement
of any type on KANITO public areas. This misbehavior represents a breach
of this Agreement by the user and it will lead to instant deletion of such
commercial contents and/or account deletion without any notice and without
anything owed by KANITO to the user for anything directly and/or indirectly
consequent the account deletion.
Business users are not allowed to promote their products and services by
contacting Private users directly nor through any of KANITO website public
area. Business users can use only their profile page and their dog profile
pages to promote their own products and services. Sending private messages,
posting comments, writing blogs, starting forum thread or using any other
mean of user-to-user communication or posting tool available for the Site
public sections with the intent of promoting their own products and/or
services for commercial purposes is strictly prohibited. This misbehavior
represents a breach of this Agreement by the user and it will lead to instant
account deletion of such commercial contents and/or deletion without any
notice and without anything owed by KANITO to this user for anything directly
and/or indirectly consequent the account deletion.
In order to protect its Users from commercial messages, promotional chains
or any other mean to promote offers related to any type of product or service,
KANITO reserves the right to limit the number of messages that each user
can send within 24 hours. This limit can be changed by KANITO without any
notification. If any user sends messages with any type of commercial contents
to other users, either singularly or simultaneously through mass mailing,
this behavior will represent a breach of this agreement, and it will create
a proper damage to KANITO, not easy to estimate. This damage can be reasonably
calculated in the amount of 50 EURO for each message or any other type
of communication sent. KANITO has also the right to be refunded for any
damage or loss that would exceed the amount of 50 EURO.
KANITO does not claim any ownership rights in any Materials that you submit,
post, or display on or through the KANITO Services or on the KANITO Web
Site. After submitting, posting or displaying Materials on or through the
KANITO Services or on the KANITO Web Site, you continue to retain all ownership
rights in such Materials, and you continue to have the right to use your
Materials in any way you choose. By submitting, posting or displaying any
Materials on or through the KANITO service, you automatically grant to
us a worldwide, non-exclusive, royalty-free, right to use, modify, publicly
display or re-display, reproduce, sub-license and distribute such Materials
for any purpose, commercial, advertising, or otherwise, on or in connection
with the Site or the promotion thereof, to prepare derivative works of,
or incorporate into other works, such User Content, and to grant and authorize
sublicenses of the foregoing. You may remove your User Content from the
Site at any time. If you choose to remove your User Content, the license
granted above will automatically expire, however you acknowledge that the
Company may retain archived copies of your User Content.
ECO ALANNO RAPPRESENTANZE TECNOLOGICHE S.R.L. and its affiliates and licensors
own and retain all rights in the KANITO Web site and service itself, which
contains proprietary and confidential information that is protected by
applicable intellectual property and other laws. KANITO grants the User
a limited license, revocable that cannot be hand over nor sold in sub-license,
to reproduce and visualize of Site contents for personal purposes only.
This license excludes any software code, algorithm and any back-end portion
of KANITO Site and Services.
Except as expressly authorized by ECO ALANNO RAPPRESENTANZE
TECNOLOGICHE S.R.L., you may not copy, modify, publish,
transmit, distribute,
perform, display or sell any of KANITO proprietary information
which includes
the sum of all postings and photos to the site. The KANITO
logo and "KANITO" are
trademarks of ECO ALANNO RAPPRESENTANZE TECNOLOGICHE S.R.L.
No compensation will be paid with respect to the use of your submitted
material, as provided herein. KANITO is under no obligation to post or
use any material you may provide and may remove it or any art of it at
any time in KANITO's sole discretion.
The User is sole responsible for its actions and interactions with other
members. KANITO has the right but no obligation to monitor any discussion
that may arise among users.
You may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. KANITO respects the intellectual property rights of others. It
is our policy to respond to notices of alleged infringement that comply
with laws and directives such as the E.U. Copyright Directive (EUCD) or
the U.S.A. Digital Millennium Copyright Act (DMCA). If you believe your
work has been copied in a way that constitutes copyright infringement or
are aware of any infringing material on the Web site, please contact us
and provide us with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim
has been infringed; a description of where the material that you claim
is infringing is located on the Web site (including a URL and/or screen
shot); your address, telephone number, and email address; a written statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
Our collection and use of personal information is governed by our Privacy
Policy. Click here to review the KANITO Privacy Policy. You understand
and agree that KANITO may access, preserve, and disclose your personal
information and the contents of your account if required to do so by law
or in a good faith belief that such access preservation or disclosure is
reasonably necessary to comply with legal process or protect the rights
and property of KANITO, its affiliates or the public.
KANITO and its affiliates, licensors, partners, suppliers, consultants
and agents disclaim any and all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or operability or availability
of information or materials displayed on the KANITO service. KANITO disclaims
any and all responsibility and liability for the conduct of any Member.
Business users are not affiliated in any way to KANITO and the information
posted on their profile pages, such as promotion of products and services,
should therefore not be intended in any way as a commercial offer nor as
a suggestion by KANITO and its affiliates, licensors, partners, suppliers,
consultants and agents to try, buy, sell, exchange and trust products,
services and/or solutions. The User waives KANITO against all claims for
any loss, damage, cost or expense, whatsoever, suffered or incurred by
considering any content, proposal, commercial or not, of any business user
registered on the Site. Especially information and suggestion related to
major issues such as health, food, legal issues, parks details and related
public behaviors should not be taken for correct. KANITO therefore encourages
every user to check local laws and rules on regularly basis.
You agree to hold harmless and indemnify ECO ALANNO RAPPRESENTANZE TECNOLOGICHE
S.R.L. its officers, directors, employees, agents and third parties from
and against any claim arising from or in any way related to your use of
the KANITO service, including any liability or expense arising from all
claims, losses, damages (actual and consequential), suits, judgments, litigation
costs and attorneys' fees, of every kind and nature.
UNDER NO CIRCUMSTANCES WILL KANITO BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION
WITH USE OF THE KANITO SERVICE, WHETHER OR NOT KANITO HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL
APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE
ON THE KANITO SERVICE, FROM INABILITY TO USE THE KANITO SERVICE, OR FROM
THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE KANITO SERVICE (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED
BY LAW. Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation and exclusions may not
apply to you. UNDER NO CIRCUMSTANCES SHALL KANITO BE LIABLE TO YOU FOR
ANY AMOUNT EXCEEDING THE AMOUNT PAID BY USER TO KANITO FOR THE USE OF KANITO
SERVICES THROUGHOUT THE SUBSCRIPTION PERIOD.
These Terms of Service will apply to your use of the KANITO service. We
may terminate your membership immediately at any time, for any reason.
Once your membership terminates, you will have no right to use the KANITO
service. Our proprietary rights, disclaimer of warranties, indemnities,
limitations of liability and miscellaneous provisions shall survive any
termination of your membership.
KANITO may provide you with notices regarding the KANITO service or these
Terms of Service by regular mail, email, or postings to this Web site.
You agree that Italian law (regardless of conflicts of law principles)
shall govern this Agreement, that any dispute arising out of or relating
to this Agreement shall be subject to the exclusive venue of the city courts
in the city of Rome, and that you submit to the exclusive jurisdiction
of city courts in the city of Rome in connection with the Site, Service
or this Agreement. This Agreement, accepted upon visiting the Site or registering
for the KANITO site membership service contains the entire agreement between
you and ECO ALANNO RAPPRESENTANZE TECNOLOGICHE S.R.L. regarding the use
of the Service. This Agreement only may be amended upon notice by ECO ALANNO
RAPPRESENTANZE TECNOLOGICHE S.R.L. to you, or by a writing signed by you
and an authorized official of ECO ALANNO RAPPRESENTANZE TECNOLOGICHE S.R.L..
Unless otherwise explicitly stated, the Terms will survive termination
of your membership to the Service and Site. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full
force and effect.
If for any reason a court of competent jurisdiction finds any provision
or portion of the Terms of Service to be unenforceable, the remainder of
the Terms of Service will continue in full force and effect. You shall
not assign these Terms of Service or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation
of law, without our prior written consent. Any such purported assignment
or delegation will be null and void and of no force or effect. The sections
of this Agreement are for descriptive reasons only, and do not have any
legal or contractual effect.
Without limiting the foregoing, under no circumstances shall KANITO be
held liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or materials, fires, floods, storms,
explosions, acts of God, war, governmental actions, orders of domestic
or foreign courts or tribunals, non-performance of third parties, or loss
of or fluctuations in heat, light, or air conditioning.
