For the purposes described in the present Contract, the terms below indicated with capital letter will have the following meaning, (for the sake of clarity all the words in the singular shall mean and include the plural and viceversa):
Subscription: modality of use of a content which allows the Client, after the payment of the stated price, to use the Content for the indicated time, which starts from the activation date operated by Edizioni C.M.S..
Personal Area: part of the Web Site where the Client can view the contents and modify his/her personal data and personal passwords.
Activation: authorisation process for the use of the Services by the Client, given by Edizioni C.M.S. right away when the GTC are verified and the payment for using the Service has succeeded. The activation is provided to the Client by an email from Edizioni C.M.S..
Client: subject, natural or legal person or organization (public or private), which requires, within advance payment, to access the site with one of the subscriptions described below.
CMSS: Corpo Mente Spirito Stream, name of the project which include the Services described in the present Contract.
General Terms and Conditions (GTC): the body of the present general contractual conditions which regulates the use of the Service by the Client.
Edizioni C.M.S.: Edizioni Corpo Mente Spirito snc, registered office in Corso Nizza, 41 - 12100 Cuneo (CN - ITALY), VAT identification number and fiscal code CF IT-03111370049, company authorized under the current jurisdiction rules and laws in providing products and services in the multimedia editorial sector, subject of the present Contract.
Content: audio/video content in several languages which can be seen and used during the subscription period.
Contract: the General Terms and Conditions together with the Commercial Products and with every other attachment which can be seen as an integral and substantial part.
Device: every device with a valid Internet connection.
Enabled Device: every device with a valid Internet connection (e.g. PC or tablet) enabled to the use of this Service as described in paragraph 4.Minimum System Requirements.
Invoice: document which reports the details of the costs charged for the services requested. The invoice will be sent to the email address provided by the client during the registration process.
Commercial Products: the peculiarities, the contents, the terms, the commercial and economical conditions related to the CMSS Subscription provided by Edizioni C.M.S. and the informations contained in the website www.corpomentespirito.it or provided with other telematic means.
Registration: necessary process to access the Personal Area which requires the Client to insert his/her personal data, payment methods, agreement of GTC, Privacy Policies and all further activities necessary to access the services.
Product Tab: page or part of page found on the WebSite which describes all the characteristics and properties of the single Contents.
Service: service (in the case at hand the subscription in its several forms) which allows the Client, through his/her Enabled Device, access and use of the Contents.
Customer's Service: the assistance service to the Client.
Streaming Video: way of use of a multimedia content (audio or video) which allows to view the resource even if data are still loading.
2. General Terms and Conditions
2.1 The following General Terms and Conditions (GTC) are the terms and the conditions which regulate Client's use of the Services, provided by Edizioni C.M.S..
2.4 The GTC which apply to the Clients who Register to the Service are viewed during the Registration process and published on the WebSite at that very moment.
2.5 The Client acknowledge and accept that Edizioni C.M.S. has the power to update and/or modify at any time the present GTC which refer to the use of the Service and that those modifications will be noticed to the Client by email, letter or any different form at the discretion of Edizioni C.M.S.. The modifications of the present GTC will be effective after a period of 30 (thirty) days from the date of their notification to the Client. The use of the Service by the Client after 30 days from the notifications entails the acceptance of the new contractual conditions. Within the same period, the Client could withdraw the Contract. The new GTC will be published on the WebSite.
3. Necessary conditions to activate the Service
3.1 The Client acknowledge that to access and use the Service, the following conditions must be satisfied:
a) to be a individual of full legal age and capacity;
b) to have a valid broadband internet connection or ADSL (at least 1Mb/s);
c) to have an Enabled Device;
d) to accept the present GTC with the Registration to the Service;
4. Minimum System Requirements
4.1 The Client acknowledges that to access and use CMSS is necessary to have a broadband internet connection or ADSL (at least 1Mb/s), and an Enabled Device.
4.3 Access to the Service from Apple iPad: the use of Service on Apple iPad Devices is subject to the installation of iOS4 or iOS5.
4.4 All the video resources are given in mp4 H.264 format and are encrypted in order to guarantee a completely legal use.
4.5 The minimum screen resolution required to correctly view the contents is 800x600 pixels (both vertical or horizontal orientation).
4.6 The Client acknowledges that on the WebSite the Client can test the compatibility of his/her device before the purchase.
4.7 Considering that the correct use of the Contents and their viewing quality depend on the sufficiency and existence of the System Required listed on the points 4.1, 4.2, 4.3, 4.4, 4.5 and 4.6 Edizioni C.M.S. accepts no liability for any failure in the use of the Service and/or the view of the Contents which depends on the lack or insufficiency of the above-listed System Requirements.
5. Registration to CMSS
5.2 The Client can, at any time, change the data provided during the Registration to the Service logging into his/her Personal Area or contacting the Customer's Service via email to firstname.lastname@example.org. The data which can be modified are listed in the Personal Area.
5.3 Edizioni C.M.S. can contact the Client via email to the address provided during the Registration procedure. The Client acknowledges and agrees that all the communications referring to the present GTC could be sent by Edizioni C.M.S. to the email address provided during the Registration procedure.
5.4 The Client acknowledges and agrees that with the Registration to the Service he/she accepts that, according to Internet use and practice, Edizioni C.M.S. has the power to insert in the WebSite or in the emails various kind of advertisements.
6. CMSS Subscriptions
6.1 Inside the WebSite www.corpomentespirito.it is found the commercial product which refers to the CMSS Subscriptions and that is substantial part of the present GTC.
6.2 The CMSS Subscription Service offer to the Client to use, through the Enabled Devices, the multimedia contents (audio-video) purchased and all the services described in every single Product Tab.
6.3 The proposed Subscriptions are:
After the purchase of a product the Client can use the streaming mode for the time indicated by Edizioni C.M.S. at the Activation time. During the whole period it's possible to view the resource in any moment and from any location.
ii bis) Upgrade: within 1 month from the Annual Subscription (i) it's possible to upgrade to the Unlimited Subscription (ii) after the payment of the difference between the two prices.
6.4 The price stated for the CMSS Subscription has to be paid by the Client regardless of the complete or partial use of the Content.
6.5 The Client acknowledges and accepts that his/her account to use the CMSS Subscription is individual and cannot be shared or transferred to third party.
6.6 Edizioni C.M.S. has the right to modify, at any time, the technical procedure to use the Service and to reproduce its Contents.
7. Personal codes and data
7.1 After the Registration to the Service, Edizioni C.M.S. will send an account confirmation to the Client via email. In the email the Client will find a confirmation link.
7.2 The Client will choose his/her personal codes when subscribing to the Service.
7.3 The registration email and the username chosen in the Registration process are not directly editable by the Client. To modify them the Client should send the request via email to the Customer's Service.
8. Use of the Service
8.1 The Client undertakes to use the CMSS Subscription only for personal and domestic use, or in any case excluding the unauthorized use of the Contents by Edizioni C.M.S. in places as, by way of example but not exhaustive, bars, hotels, cultural associations, communities and other public places. The Client undertakes not to use the Service in abnormally ways as, by way of example but not exhaustive, bandwidth occupation and not to abuse of the contract. Anyway the Service could not be used by the Client for commercial use or for any other for-profit use. The Client undertakes also not to share or transfer his/her Personal Area login data.
8.2 The Client acknowledge that the login to the Personal Area cannot be done with more than one device simultaneously, therefore if this happen the system will automatically block one of the logins done. The Client acknowledges also that after 10 (ten) violation of the present article, the system will block the Service and the Client will have to contact Edizioni C.M.S. via email to reactivate it.
8.3 The WebSite and the Service are a property of Edizioni C.M.S. and protected by copyright and by the current international laws related to intellectual and/or Industrial property rights.
8.4 The Contents are property of Edizioni C.M.S. and/or of Partner Structures of Edizioni C.M.S. (this rule is regulated by agreements between parties) and are protected by copyright and by the current international laws related to intellectual and/or Industrial property rights.
8.5 CMSS Subscription and all the related contents shall be used by the Client according to the current international laws related to intellectual and/or Industrial property rights of Edizioni C.M.S. and/or of third parties. The Client shall not edit, copy, distribute, transmit, download, view, reproduce, publish, license, create derivate works, transfer, adapt, sell, rent, share in the web, rent the Contents or facilitate any of the above-mentioned elements. In case of violation of this article, the Client shall raise and protect Edizioni C.M.S. from every loss, compensation, penalty, investigation expenses, dispute and prejudicial consequences in which Edizioni C.M.S. could fall caused by the inadempience and/or violation by the Client of the current international laws related to intellectual and/or Industrial property rights. The Client is responsible of any use of the Service even by third parties which use it by the Enabled Devices associated to the Client.
8.6 The Client acknowledges that any violation of the articles above described will involve the automatic termination of the present Contract due to the article 1456 of the Civil Code, and the automatic interruption of the Service, except for a compensation for damage by Edizioni C.M.S..
9. Methods of payment
9.1 The Client could pay the due quotas for the requested Services using the payment methods provided by Edizioni C.M.S. according the specifications subscribed in the Commercial Product.
9.2 The Client agree that in case of lack of funds on his/her Credit Card or PayPal account, or on any other payment method, the Activation will not be granted.
9.3 The Client which pay the amount due according to the payment methods provided by Edizioni C.M.S., agree that:
a) there will be not be any reimbursement in case of failure of the network;
b) a reimbursement is provided only after a formal complaint made by the Client and after the necessary verifications that the complaint turns out to be justified.
10.1 The costs for the use of the Services and all the applicable taxes will be automatically charged to the Client according to the payment method chosen during or after the Registration process. Prices are expressed in Euro (€) and are to be intended VAT included (except when differently indicated).
10.2 Edizioni C.M.S. will send to the Client the Invoice for the purchased Service only via email, to the email address provided during the Registration process.
10.3 The Invoice will be sent to the Client, after the conclusion of the payment for the Service, according to the conditions described in art. 10.2 and in any case within 12:00 p.m. of the day of transaction.
11. Duration of the contract - Withdrawal
11.1 The Contract with Edizioni C.M.S. for the use of the Service is to be intended as concluded since the date on which Edizioni C.M.S. confirm the activation and its duration is indicated in the type of Subscription chosen (annual: 1 year; unlimited: no limits).
11.2 The Client who activated a Service has the right to withdraw without penalties within 10 (ten) working days since the Registration date, according to the D.Lgs 206/2005 provided that he/she didn't use, even just in part, the Service. The withdrawal request shall be made by the Client directly via WebSite www.corpomentespirito.it, following the described procedure.
11.3 The withdraw will be effective after 15 (fifteen) days since the date of request.
12. Service Suspension and Interruption
12.1 Edizioni C.M.S. has the right not to activate, to suspend the CMSS Subscription in any moment, and also the right to interrupt the access to the Service in case of Violation of the present GTC and/or if the Service is used in violation of the current laws. In these cases no reimbursement will be provided to the Client by Edizioni C.M.S.. Edizioni C.M.S. will have the right to limit the access to the CMSS Subscription and to not guarantee the whole functionality of the Service if requested on purpose of the security for the functionality and the management of the network, the maintenance of the network, of the software or of the memorized data, the interoperability of the services, the ordinary and/or extraordinary maintenance or the protection of data.
13. Warranty and responsabilities
13.1 The CMSS Subscription and all the related Contents are provided as described; any real or jurisdictional warranty by Edizioni C.M.S. is excluded, as any other warranty when permitted by the applicable law. In particular, it's not granted: (a) the absence of failures and other quality requisites of the Contents, metadata included; (b) the disponibility and the efficiency of the WebSite www.tsubomap.com, as the absence of defects, virus or other harmful objects; (c) this is not granted even in case of external links and offers.
13.2 The Client acknowledges that a correct use of the Contents included in the Service and the time requested for the access to them depend on several factors and on the subsistence and sufficience of the System Requirements as provided in the above Section 4. Therefore Edizioni C.M.S. does not guarantee and accepts no liability for:
a) any problem for the use of the Service which depend on the lack or insufficiency of Client's devices;
b) any problems caused by the Internet connection;
c) any insufficiency of the available bandwidth;
d) quality in receiving the Service and its Contents;
e) availability and efficiency of the WebSite, presence of failures, viruses and harmful objects;
f) external links and offers.
13.3 Edizioni C.M.S. accepts no liability for failures or omission in Service, in Contents and/or in the WebSite, or for any loss or damage due to use of the Service and/or visualization of the Contents.
13.4 Edizioni C.M.S. accepts no liability for delays in providing the Services and/or the Contents, for ordinary and extraordinary maintenance activity of the platform on which the Service is given, or for bad functionality of it; for tampering or illecit interference operated by third party on services or equipments used by Edizioni C.M.S.; for tampering or illecit interference on the connection apparatus and/or on Devices disposed by the Client, by the Client operated or by third party; for wrong use of the Services and/or the Contents by the Client; for bad functioning/ wrong configurations of the connection apparatus and/or of Devices used by the Client.
13.5 The Client undertakes to exclude Edizioni C.M.S and the managers of the WebSite www.corpomentespirito.it and all the partner companies from any cost, legal procedure, request, loss, damage, expense (legal costs included) and responsibilities which may exist as a direct or indirect consequence of a violation of the present GTC, or of a wrong use of the services provided by Edizioni C.M.S or of an illicit action.
14. Customer's Service
The Client can contact the Customer's Service directly from the WebSite www.tsubomap.com - “Contacts” area or by email to the email address email@example.com
15. Final Dispositions
15.1 If one of the dispositions of the present GTC or a part of it shall be declared invalid, ineffective or inapplicable for any reason, all the remaining parts will maintain their validity.
15.2 The Contract is regulated by the Italian law. The Court of Cuneo (CN - Italy) will be the competent Court.
Cuneo (CN - ITALY), July 1st , 2015