Definitions
Definition of terms in the Website’s Conditions of Use:
Website: the Internet site accessible from the web address www.canazei.com.
Provider: the company Pixelia S.a.s..
Client: any individual or entity that uses the Website to present their products and services.
User: any individual or entity consulting the Website that does not present their products and services.
Third parties: parties not included in the contract, other than the Provider and Client.
Service: services provided by the Provider to the Client and to the User through the use of their Website.
Price: the established fee for the use of the Website’s services.
General Conditions: this text.
Contract: the agreement to use communication or web services, made up by the General Conditions.
General Conditions of Use for the Website
For the registration and consequent possibility to use the services offered on the Website, the Client and the User must accept the General Conditions listed below. Therefore, the following shall apply.
Property, Website content, copyright and registered trademarks
The Website and all of its contents, including trademarks, logos, icons, texts etc., are the exclusive property of the Provider and are protected by Italian and International copyright laws. The Website and all of its contents shall not be, in whole or in part, reproduced, distributed, sold, transferred or modified.
The Website contains links to sites that are not managed by the Provider. Therefore, the Provider shall not be held responsible for the contents of these sites. The Provider offers no guarantee and declines any responsibility related to them. If the User decides to consult these, they do so at their own risk.
Website use
All contents of the Website and the Website itself are protected by laws governing copyright and database rights. Any reproduction, duplication, copying, modification, distribution, sale and/or exploitation of the Website for commercial purposes is forbidden. Unauthorised use of the Website and the material contained therein constitutes a violation of applicable laws regarding intellectual property rights.
The Client and User shall observe all indications on trademarks and copyrights contained in downloaded, uploaded or copied materials. The use of these materials on any other website is forbidden.
The Website shall not be used in any way to send pornographic material, or other material that could in any way offend public decency or, in a more general sense, for illicit purposes.
The Provider reserves the right to send the Client, to the email address specified during Website registration, editorial information related to the contents offered on the Website (known as the newsletter). The Client retains the right to delete their email address from the list of newsletter recipients by accessing their user profile.
Client responsibilities
The Client must be an adult and able to act in a way that is necessary for Website use, by accepting the present General Conditions and by accepting responsibility related to the use of the Website. The registering Client must indicate their personal data only and guarantee that the information provided is true, correct and up to date. The Client understands that he/she will be held responsible for any use of the Website, regardless of whether it is performed by the Client or by the person using his/her personal data.
Materials submitted by the client
When registering, the Client accepts that the material sent to the Website will then become the property of the Provider who will have the right to modify, amend, supplement or delete any part of it. The Provider, moreover, reserves the right to use the Client’s materials as they wish, even for its publication on other web sites.
Disclaimer of Warranty
The Provider and its suppliers make no guarantees regarding the operation of the Website, its accuracy, completeness and the integrity of the information, materials and products contained therein. To the extent permitted by applicable law, the Provider offers no explicit or implicit guarantee of the saleability and suitability for a particular purpose.
Limitation of liability
The Provider shall not be held responsible for damages of any kind caused by Website use, including direct, indirect, accidental and consequential damages.
Governing law
The present General Conditions are regulated by Italian law.
Changes to the General Conditions
The Provider reserves the right to modify the Website and the present General Conditions at any time. Any modifications will be published on the Website and, subject to the user’s right to withdrawal, he/she will continue to use the Website in accordance with the modified version of the General Conditions.
Listing policy
Given that the Provider does not own or enter into contracts related to holiday packages, the sale of holidays or the lease of property listed on the Website, it is stated that: the Website, on the contrary, represents a meeting point between Website members offering holiday packages, the sale of holidays or property rentals, to potential users. The Provider is not involved in the actual transaction between travellers and agencies or hotels and advertisers in general.
The present General Conditions constitute a comprehensive contract between the Provider and the Client related to the use of the Website by the Client. The Provider may block access or the use of the Website to users due to a breach of the present conditions or other uses not authorised by the Website. If the Provider does not put into practice or enforce the rights or the provisions of the present conditions, this does not constitute a waiver of such rights or provisions.
Applicability
The present listing policy governs the established Client-Provider relationship as it relates to the listing. By publishing a listing on the Website, all conditions are implicitly accepted.
Types of advertising spaces (listings)
The Provider supplies advertising spaces inside the Website that operates on the Internet in the sector of tourism advertisements for those offering holiday packages, hotels and accommodation. Such spaces vary in size based on the Client’s needs and above all, based on the visibility they intend to give their listing.
Listing charges
The Client sends material for processing by the editors who will prepare the listing for him/her (for a fee). Alternatively, the Client may prepare the listing themselves using a simple data entry system, after entering and paying for the advertising space.
Publication of the listings
The Provider reserves the right, at any time, to request modifications to the contents of listings or to decline or suspend listings without offering a motive. Most importantly, listings that link to other websites will not be published or may be deleted, at the discretion of the Provider. These are considered as prohibited and harmful to the rights of the Provider or the rights of Third Parties.
All listings that are sold must be published for the entire period as requested by the Client. Refunds will not be given for listings that are removed upon the client’s request before the end of the agreed period. If, at the reasonable discretion of the Provider, a Client inserts unsuitable material on the Website or on the database, continuously uses the Website or the online systems of the Provider in an improper way, the Provider reserves the right to immediately remove the Client’s listing from the Website without offering any form of refund.
Data registration programme
The Provider grants the Client the personal, non-exclusive right, limited to the duration of the contract and non-transferable, to use the software for the registration of data based on the conditions established in the present Contract.
Data protection
The Client shall allow the Provider to integrate the listings with any relevant element. The Provider must observe the guidelines in force for data protection. However, the Provider cannot completely guarantee the confidentiality, integrity, authenticity and availability of personal data. The Client must take particular note of the fact that personal data is also accessible in countries where there are no legal regulations for data protection similar to those in force in Italy.
Client’s responsibilities
The Client is completely responsible for the contents of his/her listings. The Provider shall accept no responsibility for the contents of the published listings. The Client assures the Provider that the listings provided conform to the regulations in force and, in particular, do not infringe on Third Party rights. The Client must provide truthful information and is responsible for updating data. The Client exempts the Provider of any Third Party claims. If the Provider should be brought to trial, the Client is obliged to join the trial if he/she is requested to do so. In all cases, the Client is obliged to bear all judicial and extrajudicial expenses deriving from Third Party claims.
Provider’s limitation of liability
The Provider cannot guarantee at any time the operation and regular and continual accessibility of the Internet platform. The Provider shall accept no responsibility should unauthorised Third Parties obtain the personal data of clients (for example, through unauthorised access to the database by a “hacker”). Furthermore, the Provider is not responsible for the consequences related to the failure to publish listings from illegitimate Clients or those deemed illegitimate and to the abuse of the internet platform by Third Parties.
Rights
All rights for programmes, services, procedures, designs, software, technologies, trademarks, companies, inventions and whole materials that are in some way linked with the Provider’s platform remain with the Provider. The rights to the texts provided by the Client (for example: trademarks, copyrights, name rights, etc….) remain solely with the Client.
Calculating the cost of listings and conditions of payment
The price list serves as a base for charges and payment conditions for listings. The price list is accessible through the Website on the relevant page, in the updated version. The Clients shall pay a fee for the publication of the advertising space on the Website, whilst the User is not required to pay any fee to access the Website and perform searches.
Modification to rates
The Provider retains the right to modify fees.
Links to Third Party websites
This Website may contain links and pointers that lead to other websites, resources and Website sponsors. The Website links to Third Party sites and vice versa, managed by Third Parties, do not represent an approval of Third Party websites and their contents.
Website Graphics
The Provider reserves the right to decide on the design, layout and functionality of the Website and may modify it as they please, at any time. The Provider reserves the right to revise, amend or modify the contents, layout or the photographs provided by the advertisers if they do not correspond with the required quality standards.
Copyrights
By accepting the present conditions and publishing a listing on the Website for which an established amount will be paid, the Client grants the Provider a perpetual, worldwide, irrevocable, unrestricted and royalty-free licence, for copying, licensing and sub-licensing (on multiple levels), adapting, distributing, visualising, exhibiting in public, reproducing, transmitting, modifying, elaborating or any other method of exploiting the texts, the photographs and the images (if present) of all contents published on the Website.
All Clients authorise the Website and the Provider, the latter acting as the group leader, to safeguard and protect, on a copyright basis, the images, texts and the contents available through their listings from unauthorised use by unrelated Third Parties, who from time to time attempt to reproduce and sell such information abusively through electronic or other means. The Provider shall not be held responsible for infractions or violations of the law resulting from contents provided by the Clients. With this, each Client waives every right to issue claims against the Provider for any suspected or actual violation of property, privacy, publicity, moral or attribution rights.
Each Client accepts that the Provider may reproduce, in whole or in part, any photographic material provided. It is the client’s responsibility to obtain permission to reproduce all photographic material and any other material used in their listings. The Client shall guarantee that they are the holder of the copyrights of such material or that they have been authorised by the holder of such rights to offer the Provider the rights contained therein.
These rights are necessary to accommodate and view the Clients’ listings. The Client shall further agree to assist the Provider at their own expense and perform the adequate controls to safeguard such material protected by copyright and to prevent its unauthorised redistribution.
Newsletter subscriptions
The Provider, or data processor, gathers and handles, primarily through the use of electronic resources, the personal data of the Client, whose contribution is optional but necessary for sending the newsletter. The Client may exercise the rights pursuant to Article 7 of Legislative Decree No. 196/2003 (access, correction, cancellation, opposition for legitimate motives) by addressing the data controller. In contributing an e-mail address (optional), he/she is giving specific consent to be periodically updated by means of the newsletter. Naturally, if the Client no longer wishes to receive communications, he/she can cancel their registration at any time.
