Terms and conditions of use of Lucca Comics & Games Assistant
Lucca Crea s.r.l. offers the named application “Lucca Comics & Games Assistant” (hereinafter also called “app”) through which it provides its services to users who, by signing up, expressly accept the following terms of use.
These terms and condition of use of the app are stipulated between the parties to regulate its use and must be kept with cure by the User.
By selecting the flag “I declare to have read the terms and the conditions of use of the platform” and by subscribing to the app, using its services, the User declares to have read, understood and accepted the following conditions in their entirety.
1. Parties to the contract
Lucca Crea s.r.l., with registered office in Lucca in Corso Garibaldi 53, e-mail Info@luccacrea.it, tel: 0583.401711, VAT number: 01966320465, in the person of its legal representative pro tempore;
The User, i.e. the natural person over the age of 14, whose personal information are better detailed in the registration form available upon first access to the app, who requests to use the services offered by Lucca Crea s.r.l., hereinafter even defined as “User”;
each individually also referred to as "Party", jointly "Parties".
2. Definitions
The Parties expressly agree that the words listed here have the following meanings:
- Account: the account that will be created by the Userwhen registering on the platform, with which he will have access to the provided services;
- Privacy Policy: the document with which Lucca Crea s.r.l. informs the User about the collection and use of his personal data;
- Services: the services provided by Lucca Crea s.r.l. through the app of the same name;
- Terms and conditions of use: this document that regulate the relationship between Lucca Crea and the User, which the latter declares to have read and understood in its entirety.
3. Registration to Lucca Comics & Games Assistant. Account
3.1 The User can only use the app after registration. The app can only be used by natural persons over the age of 14.
3.2 The User can register on the platform from the app's home screen by entering all the data requested.
3.3 By completing the registration form, the User declares to enter data and informationthat are accurate, true, not fictitious and not referable to third parties unrelated to this contractual relationship.
3.4 By subscribing to the app, the User undertakes to keep his data always updated.
3.5 Each User may register one and only one account.
3.6 Lucca Crea cannot be held responsible for disservices, errors or any other type of problem if the User provides incorrect data or does not update them.
3.7 During the registration process, the User shall set a strong password to access the application and protect his account. He may not divulge the password in any way. He may also create his account using so-called social logins, i.e. the credentials of his Google and Apple accounts.
3.8 Lucca Crea cannot be held responsible for any damages suffered by the User if he sets a simple password or discloses it to third parties.
3.9 Lucca Crea reserves the right to check whether the information entered by the User is true.
4. What Lucca Crea offer the User
4.1 Lucca Crea provides the User with the possibility to consult the program of the “Lucca Comics & Games” festival, planning the events he would like to attend alone or with a group of friends, as well as allowing him to book on Eventbrite for other fair events not included in his ticket.
4.2 The userexpressly acknowledges that Lucca Crea simply undertakes toprovide the aforementioned functions, reserving the right to add new ones, to suspend or eliminate some of them.
4.3 Subscribing to the app, the User also declares to have been informed and to have understood that Lucca Crea offers the app’s services free of charge and without guarantee that they will always work or be available.
5. User rights. Rules of conduct
5.1 By accepting these contractual clauses, the User undertakes:
5.1.1 Not to create nicknames that are vulgar, offensive or otherwise incite hatred and are contrary to the values of Lucca Comics & Games;
5.1.2 to use Lucca Comics & Games Assistant according to the common canons of diligence, good faith and fairness;
5.1.3 not to use the app for professional or commercial purposes or, in any case, for profit or any other economic advantage;
5.1.4 not to violate the rights of Lucca Crea;
5.1.5 not to attempt to decompile, alter or compromise the app;
5.1.6 to promptly report any bugs found to technical support;
5.1.7 not to share their personal account and/or purchased tickets with third parties.
5.2 The User, by registering to the platform, declares to have been informed and to have fully understood that Lucca Crea cannot be held responsible for any malfunctions due to network problems, especially where these depend on the User's telephone operator.
6. Lucca Crea's rights and obligations
6.1 Lucca Crea is obliged to offer the app to the User as it is, i.e. without any guarantee of perfect operation on all mobile devices and in all circumstances, and except in cases where it may be unavailable due to unforeseeable circumstances, force majeure or during periods of maintenance and updating of its technical infrastructure
6.2 Lucca Crea expressly reserves the right to:
6.2.1 Temporarily suspend or permanently deactivate the User's account if the User violates these terms and conditions of use;
6.2.2 Maintain, even without prior notice, its app;
6.2.3 Add, suspend and delete features at its own discretion, i.e. without the User's consent being required.
7. Account cancellation
7.1 The User has the right to delete his/her account from the platform at any time.
8. Processing of personal data
8.1 Personal data will be processed in accordance with the privacy policy of Lucca Crea for the Lucca Comics & Games Assistant app, to which the Parties expressly refer.
9. Intellectual property
9.1 All intellectual property rights on the platform, as well as the rights connected to them, are fully, autonomously and exclusively due to Lucca Crea s.r.l. and Kind Jackal, developers of the application, each within their respective spheres of competence, as well as all rights to any other improving or evolving software.
9.2 These rights extend, by way of example but not limited to, to texts, images, drawings, logos, videos, sounds, data, graphic interfaces, source code and databases in use, always to the extent of the competence of each of the aforementioned subjects.
9.3 For this reason, the User shall only have the licence to use the app, without being able to make any changes to it.
10. Exclusion of Liability
10.1 By registering for the platform, the User expressly declares that he has been informed by Lucca Crea and that he fully understands that its liability is excluded in all cases, since the app is offered free of charge and without any guarantee of operation.
10.2 Therefore, the User must always check the information in the app and its correct functioning.
11. Applicable law and jurisdiction
11.1 The Parties expressly agree that these terms and conditions of use of the platform are governed by Italian law.
11.2 The Parties agree that the exclusive territorial jurisdiction to hear any dispute that may arise between them due to the breach or interpretation of the clauses contained in this Agreement shall be devolved to the Court of the Consumer, with the express exclusion of any other competing jurisdiction.
12. Final Provisions
12.1 The possible tolerance shown by one Party to the momentary non-fulfilment of one or more contractual obligations agreed upon by the other, cannot in any way be considered as a waiver, not even implicit, of the rights attributed to it by the law or by the contract.
12.2 Lucca Crea reserves the right to unilaterally modify the present conditions of use. Should the modification be detrimental to the User, the latter may freely delete his account from the platform.
12.3 The User declares to have been informed by Lucca Crea and to have perfectly understood that pursuant to the Consumer Code he is obliged to save and archive this document.