19.1 With the exclusive exception of the disclosure obligations imposed by the applicable legal provisions or by provisions of competent authorities, Users undertake to keep strictly confidential and confidential, not to disclose to third parties and not to use, except for as strictly necessary for the execution of the Contract, any data or information of Nibol of which it has been made known or simply has become aware in any form and / or on any support on the occasion and / or in connection with the negotiation, subscription and / or execution of the Contract such as, by way of example and not limited to, financial data, projects, plans, strategies, information on prices and / or marketing strategies, purchases, proposals and offers, methods and commercial agreements, operational data, etc. ("Confidential Information").
19.2 Users therefore undertake not to communicate and not to disclose, in the course of the Contract and even after their termination, in any way and by any means, the Confidential Information of which they have become aware.
19.3 The User undertakes, also pursuant to art. 1381 of the Civil Code, to ensure that all third parties to whom the Confidential Information indicated above will be made available for the purpose of executing the Agreement (including its employees) act in compliance with the above confidentiality obligations.
19.4 The violation, even partial, of the aforementioned obligations, in addition to giving Nibol the right to terminate the Contract with immediate effect, without prior notice or compensation, will entail the right of Nibol itself to compensation for damage.
20.1 Users may not in any way and in any form transfer the Contract to third parties, even partially, without the written consent of Nibol.
20.2 Nibol expressly reserves the right to transfer the Nibol Platform to third parties, whether for consideration or free of charge, in whole or in part, or to grant them any rights connected to the Nibol Platform itself.
20.3 In the event that Nibol intends, at its sole discretion, to avail itself of the option referred to in the previous point, it will notify Users by publishing it in a specific section of the Nibol Platform.
21.1 The Nibol Platform, including Content and Announcements, is provided "AS IS" ("as is") and Nibol makes no express or implied warranties in relation to the Nibol Platform, its accuracy, adequacy, usefulness and reliability.
21.2 Nibol has no control and does not guarantee the correctness or accuracy of the content / information referred to in Ads, Ratings or other User Content, nor the fulfillment of the obligations imposed on Users or the compliance of the Users' conduct with current legal provisions.
21.3 Nibol also does not guarantee the correctness and accuracy of the content / information referred to in the Spazi Promoted Visibile Ads.
22.1 In no event shall Nibol be held liable for direct or indirect, incidental or consequential damages, such as - by way of example and not limited to - loss of earnings, loss of business and / or commercial opportunities arising from the use of, or the inability to use, the Nibol Platform or deriving from the performance of the Services or the conduct of other Users (online or offline), from any User Content or from any other activity relating to the use of the Platform Nibol, although it Nibol has been advised of the possibility of such damage.
22.2 Under no circumstances can Nibol be held liable for damages deriving from the malfunction of the Nibol Platform, directly or indirectly, attributable to conduct or omissions of the hosting provider and / or in the case of errors, omissions and inaccuracies in the data transmitted, even in the event of interruptions. , suspensions, delays and anomalies in the management of the Nibol Platform, even if deriving from technical problems, unless they are directly and immediately connected to an intentional or grossly negligent behavior of Nibol.
22.3 Under no circumstances can Nibol be held responsible for the fulfillment of the obligations arising from the contracts concluded by the Manager Users with the other Users and / or from the employment contracts in place between the Business Users and the Employee Users.
22.4 Under no circumstances can Nibol be held responsible for the usability and use of the Spaces by Users, as Nibol cannot be considered responsible for, by way of example and not limited to, interruptions and / or inconveniences in the Internet connection offered at the Spaces and / or for damage caused by the User to the Spaces and / or to goods and / or people present at the Spaces.
22.5 Users undertake to indemnify and hold Nibol harmless from any claim and / or damage that may arise, even out of court, from such conduct or, in any case, as a consequence of the use of the Nibol Platform and / or its possible applications. .
22.6 The provisions of this art. 22) are not intended to limit Nibol's liability in violation of national legislation in force, nor to exclude it in cases where it cannot be under such legislation.
23.1 The Contract has an indefinite duration and will enter into force from the moment of its conclusion in accordance with the provisions of art. 6), which precedes.
23.2 Each party to the Contract has the right to withdraw from the Contract, without any penalty and without specifying the reason, at any time during the period of validity of the Contract, by:
(i) for Basic Users and for Employee Users: closing and cancellation of the related account registered on the Nibol Platform or by sending an e-mail to the address: firstname.lastname@example.org; in this case, Nibol will cancel the reference account;
(ii) for Manager Users and Business Users: with 15 days' notice to be sent by certified email to the following address: email@example.com;
(iii) for Nibol: giving 30 days' notice to Users via e-mail, using the e-mail address communicated during registration.
23.3 The withdrawal will not involve the payment of any penalty and / or reimbursement and / or compensation and / or consideration, without prejudice to the payment obligations due under the Contract. In case of withdrawal, the part of the Subscription not used by the Business User will not be refunded.
24.1 Nibol may terminate this Agreement by law pursuant to art. 1456 cc in case of violation by the User of the following provisions of the Conditions: 3 ("Contents and Industrial Property Rights"), 5 ("Access and use of the Nibol Platform"), 7 ("Registration - Suspension - Account cancellation and closure "), 8 (" Announcements and related publication "), 13 (" Guarantees of Manager Users and Business Users "), 14 (" Declarations and obligations of Manager Users and Business Users "), 15 (" Nibol Fees "), 16 (" Payments and invoicing "), 17 (" Photography services "), 18 (" Obligations and duties of Basic users and Employee Users ") and 20 (" Transfer of the Contract ").
24.2 Nibol may also terminate this Agreement with immediate effect and without notice in the event of: (i) violation of applicable laws, regulations, third party rights; (ii) the need to protect the personal safety or property of Nibol, its Users or third parties; or (iii) violation of the provisions of art. 19 ("Confidentiality").
24.3 In any case of termination of the Agreement by Nibol, Nibol may block access to the Nibol Platform and shall in no way be held responsible for the consequences deriving from the closure of the account.
25.1 Nibol cannot be held responsible for the non-fulfillment or delayed fulfillment of its obligations, for circumstances beyond its reasonable control Nibol due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case , independent of his will.
25.2 The fulfillment of the obligations by Nibol will be considered suspended for the period in which events of force majeure occur.
26.1 These Conditions are governed exclusively by Italian law.
26.2 Any dispute relating, among others, to the application, interpretation, execution, violation, resolution and validity of these Conditions will be devolved to the court of the place where Nibol has its registered office, any different provision being understood by agreement to be waived, except in cases in which the law provides for an exclusive jurisdiction in case the User is a consumer.
26.3 In addition, if the User is a consumer resident in the European Economic Area, the User may resolve in a non-judicial way any dispute that may arise in relation to the Conditions through the "" platformOnline dispute resolutionmade available by the European Commission. , which Nibol accepts if required by law.
27.1 The Contract constitutes the only agreement between the Parties with reference to the matters mentioned and described therein. The Contract cancels and replaces any previous deed, document, written and / or verbal agreement between the Parties on the same matters regulated herein, having overall effectiveness and value.
27.2 The invalidity of one or more clauses or paragraphs contained in the Agreement will not affect the remaining provisions of the Agreement or any part thereof. In the event that one or more of these clauses or paragraphs are declared invalid by a final decision, decree or judgment, this agreement will be interpreted as if such invalid clauses or points have not been inserted.
27.3 These Conditions remain valid and effective even in the event that Nibol decides to sell, for consideration or free, the Nibol Platform to third parties, or to grant them any right concerning the Nibol Platform itself.
27.4 Nibol reserves the right to modify the Conditions at any time, by publishing the new terms and conditions on the Nibol Platform and updating the "Last update date", which appears at the beginning of this Nibol, also will send to Users, by email, a notice of the changes, at least thirty (30) days before the date of entry into force of the same. The User who does not intend to accept the new terms and conditions may withdraw from this Agreement with immediate effect. Nibol will inform Users of their right to withdraw from the Agreement in the notification email. Access to and use of the Nibol Platform for seven (7) days from the publication of the terms and conditions as amended will constitute acceptance of the terms and conditions of the Agreement as amended.
Clauses to be specifically approved, pursuant to and for the purposes of Articles 1341 and 1342Code: