GENERAL CONDITIONS OF SALE AND TERMS OF USE

These general conditions of sale and terms of use of the City Up platform (hereinafter the “General Conditions”) govern the sale between Blackout ® Entertainment di Maccabei Massimiliano (hereinafter “Blackout” and / or “Seller”) and the natural person and the customer (hereinafter the “Customer” and / or the “Buyer” and / or the “User”) who acts as a consumer pursuant to Legislative Decree 6 September 2005, n. 206 (hereinafter the “Consumer Code”), of multimedia contents (hereinafter the “Contents”) available on the “City Up Perugia”, “City Up Assisi” and “City Up Fossombrone” (hereinafter “App”) apps , concerning the use of such contents (hereinafter the “Services”), whose census is marketed by the Seller on the site https://my.cityup.eu/ (hereinafter “My CityUp” and / or “Site” ).

The Buyer interested in the purchase is invited to carefully read these General Conditions before purchasing the Services. Access and use of the My CityUp website and the App presuppose the reading and knowledge of the terms and conditions set out below which, together with any other page or document referred to therein, constitute the terms and conditions (together, the ” Terms and Conditions “) to which Blackout allows the use of the Site and the App.

These General Conditions, within the limits of use of the related Services, do not modify, but integrate, any other conditions or terms in force between them and Blackout, such as the conditions of association of the Customer with Blackout.

Content index:

1. PREMISE
2. INFORMATION RELATING TO BLACKOUT
3. CONTENTS OF THE APP
4. CONCLUSION OF THE CONTRACT
5. PASSWORD MANAGEMENT
6. CONDITIONS AND RESTRICTIONS OF SERVICES
7. SERVICE DELIVERY
8. PRICES AND METHOD OF PAYMENT
9. RIGHT OF WITHDRAWAL
10. APPLICABLE LAW AND JURISDICTION
11. CHANGES
12. MISCELLANEOUS
13. INTRODUCTION

The sale of the Services through the App constitutes a distance contract governed by Chapter I, Title III, art. 45 and ss. of the Consumer Code as well as the Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

2. INFORMATION RELATING TO BLACKOUT

Blackout ® Entertaiment di Maccabei Massimiliano (VAT number 02945910541), has its registered office and operational headquarters in Via Appia, 25 – 06123, Perugia – Italy. Blackout’s electronic contacts are: blackout.agency@gmail.com and pec blackout.agency@pec.it.

3. CONTENTS OF THE APP

By using the App, the User will be able to take advantage of the Contents contained therein consisting of images and descriptive contents of activities and promos, events and news thereof. Specifically, the User may use various features, including by way of example: use the Content of the Service purchased within the limits imposed by the type of license purchased; receive Blackout news; create remote sessions with other users if required by the license; communicate with other users within the same remote session; leave virtual annotations on artworks if required by the license

4. CONCLUSION OF THE CONTRACT

The purchase of the Services takes place after the User creates a specific account for free. To create the account, the User must fill out the appropriate computer form, entering name, surname, email, a password and click on “register”. Registration will be confirmed to the user via a specific e-mail. Once the account has been created, the User can proceed with the purchase order for the Service in the App. By sending the purchase order, the Purchaser acknowledges that he has read, understood and accepted all the Terms and Conditions.

The acceptance of the purchase order by the Seller takes place by sending an order confirmation message from the Seller to the e-mail address that the Buyer must indicate during the account creation procedure, it being understood that the aforementioned means of communication has been expressly accepted by the Buyer for the exchange of information relevant to the conclusion and execution of the sales contract. The Content of the Service purchased by the Buyer will be made available by logging into their personal account of the App.

5. ACCOUNT MANAGEMENT

The User is responsible for any activity that takes place through the account. To maintain control of the account and prevent anyone from accessing it (and therefore also strictly personal and particular information), the account holder must not communicate the password or the details of the payment method associated with it to anyone. It is the user’s responsibility to update the information that is provided regarding the Service and to keep it updated and accurate. The Seller reserves the right to close or suspend access to the Service in order to protect the user, Blackout, Blackout partners or any third party from identity theft or other fraudulent activities.

The management of the account through which the Services are made available will be based on what is reported in the privacy policy that will be submitted to the user for acceptance before purchasing the Service.

6. CONDITIONS AND RESTRICTIONS OF SERVICES

To purchase the Services, you must be of legal age. Minors may access the Services only under the supervision of an adult.

The Services are intended exclusively for personal or school and non-commercial use and are aimed at purchasers who qualify as consumers and cannot be shared outside the home or school. The subscription only confers a limited, non-exclusive and non-transferable right of access to the Services. Except this, no other right, title or interest is transferred under these Terms. The Service may not be used in public.

The use of the Contents is permitted only in accordance with applicable laws, rules and regulations and any other limitations to the use of the Service or the Content. The Contents and any material acquired or otherwise used through the App cannot be reproduced, distributed, modified, shown, published, licensed, or used to generate derivative works to be offered for sale or used.

Content protections cannot be circumvented, removed, altered, deactivated, degraded or blocked; it is forbidden to use robots, spiders, scrapers or other automatic tools to access the Contents and / or the related service; it is forbidden to decompile, reverse engineer or disassemble any software or other product / work / process accessible through the service that makes the Contents available; it is forbidden to insert any code or product or manipulate the Content or use any method of data mining or data collection or extraction.

It is strictly prohibited to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications terminal associated with the Content and / or the service, including viruses and any other code, file or program. Blackout may limit or interrupt the use of the content, if these Terms of Use are violated or the service is used illegally or fraudulently.

The quality of the Content display may be affected by a number of factors, such as geographic location, available bandwidth or Internet connection speed. All Internet access costs will be borne by the user. We invite you to check any charges for the consumption of the data network with your Internet service provider. The time it takes to start viewing content can vary based on a number of factors, including geographic location, available bandwidth, and selected content.

The software that makes the Contents available is developed by or on behalf of Blackout and is designed to allow viewing of the Contents through compatible devices. This software may vary by device, and features and functions may differ by device. It is also possible that the use of the Contents requires the use of third-party software subject to license terms set by third parties.

7. DELIVERY OF THE SERVICE

The Purchaser will be able to use immediately and without any limitation to all the Contents of the purchased Service, by accessing the personal account of the App. The nature of the Contents provided is specified in the commercial description of the purchased Service.

The activation and maintenance of an account through which the Seller or its suppliers provide the Services remotely does not give the right to receive free updates or upgrades of the contents and / or applications already active.

8. PRICES AND METHOD OF PAYMENT

The prices for the purchase of the Services for sale on the App are inclusive of VAT. When purchasing the Service, the Buyer must indicate one or more “payment methods”.

“Payment method” means a payment method that is valid and accepted by the Platform. The payment methods available may also be updated based on the data and provisions of the payment service providers. For some payment methods, the issuer may charge commissions. The tax charges charged may vary depending on the payment method used.

For more details it is necessary to check with the service provider linked to the payment method.

9. RIGHT OF WITHDRAWAL

Within 14 (fourteen) working days from the date of conclusion of the contract, the Purchaser may withdraw from the contract without any penalty and without specifying the reason.

The right of withdrawal can only be exercised by Buyers who hold the position of consumer pursuant to the relevant legislation, i.e. by individuals who have purchased the products for their own use and for purposes not related to their professional activity. The withdrawal period expires after 14 (fourteen) days from the date of conclusion of the contract.

The use, even if only partial, of the Content by the User as recorded and visible in the personal account of the App, determines the loss of the right to withdraw from the contract.

To exercise the right of withdrawal, the Buyer is required to inform Blackout, at the e-mail address blackout.agency@gmail.com, or pec blackout.agency@pec.it, of the decision to withdraw from the contract through an explicit declaration , or by letter rec. a / r.

In the event that the Customer chooses this option, the Seller will immediately send a confirmation of receipt of the withdrawal on a durable medium (for example by e-mail). To meet the withdrawal deadline, it is sufficient for the Buyer to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired. If the Buyer decides to withdraw from the contract, all payments made to the Seller will be refunded to the customer.

These refunds will be made using the same payment method used by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise; in any case, the Buyer will not have to incur any costs as a result of this refund. Within the limits permitted by law, payments are non-refundable and no refunds or credits are recognized for partial uses or unused Content.

10. APPLICABLE LAW AND JURISDICTION

These General Conditions are governed by Italian law. For any dispute between the Buyer and the Seller referring to these General Conditions, the Buyer’s place of residence or domicile will be competent.

11. MODIFICATIONS

The General Conditions can be changed at any time. Any changes and / or new conditions will be effective from the moment of their publication on the site.

Buyers are invited to regularly access the site and to consult the most up-to-date version of the General Conditions before making any purchase.

12. MISCELLANEOUS

If a provision of this contract is deemed illegitimate, null or ineffective for any reason, this provision will be considered severable from the other provisions of this contract and will not alter in any way the validity and effectiveness of the remaining provisions of the contract.

In these General Conditions of the contract the singular form includes the plural form and vice versa due to the specific context.