HTC One M9
Sinverb is a creative network where inspired people from all over the word can showcase their artwork, build a professional portfolio and connect with companies.
No. The Sinverb platform is free for creative professionals across all disciplines.
There’s no limit to creativity and Sinverb wants to help people obtain visibility, share their talent and look for new professional opportunities. By deciding to publish your artwork you are agreeing to join a global community born to inspire.
Simply click on Sign Up and after reading carefully Terms of Service, enter a valid email and password. You will be asked to fill out a few fields, including your name, email address and some basic information, choose your Sinverb url and that’s it!
The username is the name you chose to be recognized as within the Sinverb community. We suggest NOT using your full email address as the username, in order to preserve your privacy.
“Community” is the place where you can view published projects in an infinite scroll, and filter by creative fields and location. You can also choose to sort projects by the number of appreciations they have received or how recently they have been added to the network. Those filters can be combined to better guide you in your research.
Having a system of categorization helps people who are browsing and searching to find you. For this reason we suggest user define creative fields even if we understand work does not always fall neatly into categories.
While you cannot add a custom Creative Field to the list, you can include it as a Tag. Creativity is constantly evolving and we are open for new suggestions. Visit "Contacts" and select “General Enquiry” in order to contact us.
We wanted to provide an additional tool to help people express their ideas concisely and improve the ability to search for specific works or trends.
No. All Sinverb contests are free to join for everyone.
The only restriction on joining a contest is the minimum legal age according to Italian legislation, i.e. 18 years old. Clients can decide to limit the participation to people from a specific country. Exceptions for school students or similar can be made in special circumstances - please contact us directly on the topic.
Participating in a Contest is easy. Enter the Contest page you are interested in and read the information provided by the company. Brief, Terms & Conditions, Materials and Information will give you all the necessary means to elaborate a proposal that meets the company’s requirements. Once you’re ready to submit the project you will need to click on Join and confirm you have understood and accepted the contest’s Terms & Conditions. Now you can add your project by uploading a new work or select one among your drafts. You can always contact us for further details or explanations by clicking on Contacts and selecting Support.
Companies looking for new creative solutions now can easily get in touch with talented people like you. Generating new ways by which people and companies collaborate has led us to the creation of contests.
These are the possible phases for the contest:
Coming soon phase. This phase informs users of an upcoming launch of a new contest. Any further information is provided to the users.
Submission phase. This is the time to read the company’s requirements and put your ideas into a project. Make sure your proposal meets contest specifications. All you need to know will always be available in the following sections: Brief, Terms & Conditions, Materials, Information, Faqs. A countdown will show you the time left to join the contest and submit your proposal.
Evaluation phase. This is the time for the Client to start reviewing the submitted projects and to pick up the ideas that better represent the contest objective. Based on contest structure, the Client will be asked to choose a winner(s) or select the finalists. In this last scenario the community will be entitled to nominate the winner(s).
Voting phase. The Client can call on the Sinverb community to show their preferences and receive initial feedback. Votes can contribute to the selection of the winner(s) or the finalists. In this last scenario the Client will choose the winner.
Award. This is the moment when the winner(s) of the contest is awarded and, if not stated otherwise, unveiled to the Sinverb community.
There is no fixed time for a contest. Every contest has a specific timetable which is available inside the brief document attached as PDF on the contest page. In addition, for every phase you have a countdown showing exactly how much time is left.
Once submitted, you can withdraw your proposal within fourteen days. Send an email to email@example.com and tell us your Username, password and Project title, specifying which contest you want to retire from.
Yes. You can submit more than one proposal unless otherwise stated in Terms & Conditions. I won a contest, how can I redeem my prize? We will inform you of the result by email and after compiling a document, through which we can verify you meet the contest prerequisites, you will be entitled to receive the prize. A contest is still in progress but I can’t submit my project. Please note that you can submit your projects during the Submission phase only.
Contests have been developed to put Creatives and Companies in the best conditions to generate an inspiring event where fresh new ideas can bring disruptive innovations. We encourage Creatives from any field to take up the challenge, show their talent and get new opportunities to collaborate with Companies.
NDA (Non-Disclosure Agreement) is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. A contest licensed under NDA requires users to accept it in order to read the brief, upload a project and browse the gallery. During the Community Vote phase you can invite people to vote for your project. To cast their vote, they need to signup to Sinverb.com and accept the NDA too.
A private contest allows only the Client to view the submitted proposals. Everyone can read the brief and join the contest. For this type of contest, the Community Vote phase is not present.
All date and time references are calculated using the UTC time zone.
The IP always remains with the authors of the projects. With the payment of the award or with the exercise of the option right the Sponsor is granted a license for the use of the project. For more details please read the Contest Agreement of the contest you are interested in available from the Contest page.
Following the end of the contest, the Sponsor has by default 12 months of either an option right or a pre-emption right on all the projects submitted for the contest. In case of option right, you cannot propose your non-winning projects to any third party throughout this time. In case of pre-emption right, you can propose them to third parties but before giving away their licenses you have to enquire if the Sponsor has any interest. In order to do so, please contact our team.
If the contest sets forth an option right for the Sponsor, it means that in addition to the awards the Sponsor can purchase other projects throughout the 12 months following the end of the contest for a pre-set amount specified in the brief. If the Sponsor has a pre-emption right, you can propose your non-winning projects to third parties but before selling them you have to enquire into the Sponsor interest contacting our team.
Creating a contest right now means getting in touch with our dynamic staff and exploring new ways of inspiring your next product by accessing a global community of talented people. Just click on Contacts and select Partnerships to start your creative journey.
Whether you’re looking for a new design for a product, some inspiration for approaching a new segment or market, a graphic for your next advertising campaign, Contests will make it possible. A flexible tool letting you combine different modes and options to create a Contest that suits your more specific needs.
Companies looking for new creative solutions now can easily get in touch with talented people. Generating new ways by which people and companies collaborate has led us to the creation of contests.
These are the possible phases for the contest:
Contest design and structure. After receiving your call for a contest we’ll start the creation of a draft based on the selected options. This will give you an exact preview of how your contest will look once published.
Once approved, the contest can be created in a few minutes in order to meet most urgent needs.
Coming soon phase. This phase informs users of an upcoming launch of a new contest. Any further information is provided to the users.
Submission phase. This is the time when Creatives read the company’s requirements and put their ideas into a project. All the necessary information will always be available in the following sections: Brief, Terms & Conditions, Materials, Information, Faqs. A countdown will show the time left to join the contest and submit proposals.
Evaluation phase. This is the time for the Client to start reviewing the submitted projects and to pick up the ideas that better interpret the contest objective. Based on contest structure, the Client will be asked to choose a winner or select the finalists. In this last scenario the community will vote for the winner.
Voting phase. The Client can call on the Sinverb community to show their preferences and receive initial feedback. Votes can contribute to the selection of the winner(s) or the finalists. In this last scenario the Client will choose the winner(s).
Award. This is the moment when the winner(s) of the contest is awarded and, if not stated otherwise, unveiled to the Sinverb community.
Certainly. Upon request, the Sinverb Team can activate a special feature that allows you to launch a by-invitation contest. This will limit the access to Documents and Join opportunity to users selected by you.
The License fee is an option that allows the Client to pre-set a price or a range of prices for the purchase of the exclusive license for the economic use of those projects not acknowledged as winning projects. This possibility is valid within the 12 months after the end of the contest.
The “Contest Agreement” is the document that contains all terms and conditions related to every contest. This document is addressed to all participants of a specific contest and is written in compliance with the terms and conditions already contained and subscribed to in the Client Agreement between Sinverb and the Client. All participants need to read and accept it before submitting any projects for the contest.
Participation is free of charge and is open to designers and creative talents of any nationality. Clients can decide to limit the contest participation to specific countries. The only restriction for joining a contest is the minimum legal age according to Italian legislation, i.e. 18 years old. Exceptions for school students or similar can be made in special circumstances - please contact us directly on the topic.
All date and time references are calculated using the UTC time zone.
The total amount of the awards is always decided by the Client that launches the contest. Sinverb is not involved in this decision.
For the awarding of the winning users, the Client can choose between three possibilities: a cash award, a royalties contract or a comprehensive option including both cash award and royalties contract. Through the payment of the awards, the Client gets the right to the economic exploitation of the winning projects. On request, the Client can also decide to provide a gadget (non refundable) for reaching a certain goal as stated in the contest agreement.
The awards of a contest are always displayed in the contest page. In addition, they are also reported in the PDF brief attached to the contest page.
The Sinverb Team will get in contact with the winners asking for the necessary billing information. Payments will be processed within 30 days (once the documents have been verified) via bank transfer.
Clients can decide to assign Royalties. In order to help you deal with it, it’s Sinverb who will take care of verifying the correct amounts and will process the payments due.
Yes, the Italian legislation applies taxes to the final sum of the award depending on Age and Residence of the participant.
By default, a revision is already included in the Contest Agreement. If a revision is required, Sinverb will give support contacting the author(s) of the project(s) to help meet the Client requirements. For more information, contact us at support[at]sinverb[dot]com.
Every author has the intellectual property on his/her own projects. However the Client is entitled to exert, within 12 (twelve) months since the conclusion of the Contest, a pre-emption right to obtain an exclusive license of the Project; after 12 months from the closing of the Contest, the right of pre-emption on the exclusiveness of the Project shall be transferred to Sinverb for another 6 (six) months.
You can start following people by visiting their Portfolio and click on "Follow". You will start receiving notifications of their activity. “Check” icon will inform you when you already followed that user and all of their projects will appear in the Activity page. To stop following someone, mouse hover "Folling" button and click on the "Unfollow" button that will appear.
We have developed advanced comments to boost discussions around a specific work. You can easily tag a friend who will be notified of your action and easily access your comment. To do that, when writing your comment, you have to type “@” and an automated search will help you find the person you want to tag.
Creating a profile will generate a high-communicative Portfolio where you can display your artwork and provide skills and job information.
When logged in, please visit your Account Settings/Profile information to set up or update your information. To guide you in the completion of your Profile information we created the following sections: About me, where you can introduce yourself or give relevant information about your activity, add a statement or display additional contact information; Education, to mention your academies; Experiences, where you can show your work experiences; References, in case your work has been featured on a blog or elsewhere online and you will be able to add a description and a link to the webpage.
The Edit button that you can find at the top right of your Profile picture lets you enter the editing mode. Now you can update your profile picture, decide which information or projects to show, and how to display them. Inside the Edit bar, you can access further tools to make your Portfolio look unique.
Every time you publish a project, you can decide to display it in your profile unless Project visibility restrictions are applied due to Privacy settings or contest restrictions.
In the Editing mode, click on Manage Content and easily drag the project you want to hide on the side bar.
In editing mode, clicking on the show/hide icon displayed in the top-right corner of the information box you can individually hide each of the compiled fields.
You can at anytime change your Profile settings when logged in by visiting Account Settings/Preferences and decide to make your profile information visible to you only. Your Portfolio, including your personal information will be hidden while all of your projects will remain visible in the community.
You can at anytime block users from sending you messages by visiting Account Settings/Privacy and deactivate messages function.
Projects are displayed in a pop up and have been developed to ensure your published works can be showcased professionally and accessed easily within our community. This is why we made some fields mandatory: to help people find your work based on their interests.
The interactive worksheet is the advanced tool where you can upload your project content and information. The left menu is an additional guide that may help you in the completion of your project. Before publishing your artwork, make sure you have selected an appropriate cover that will help people get a quick idea of your project.
Before publishing, make sure you specify the project title and choose an appropriate cover picture. Finally, enter a brief description by filling in the About Project section and select from 1 to 5 creative fields.
Credit the authors by typing their name. Make sure you're already connected them. on the left menu and start typing the collaborator username. There are no restrictions to the number of people you can add. Collaborated projects will be available to display in all collaborators’ Portfolio.
You can at anytime edit your project and make some changes.
Project collaborators are allowed to make modifications on both drafts and projects. Each collaborator will be notified of any changes applied to the project.
Projects that have been submitted to a contest cannot be edited due to contest restrictions. This was needed to preserve the conditions that led to a specific result.
Go to Privacy and make your project visible to “only you”. This implies you will not be able to display it on your Portfolio.
How could we seriously put a limit on your creativity?
Saving your project as Draft gives you the possibility to save your work and finish it another time.
You can reset your password and receive instructions by entering the email address associated with your Sinverb account when trying to log in and clicking on Forgot password.
When logged in, please visit your Account Settings/Account to manage your email address and password setting.
When you Sign Up, you are prompted to create your own URL by filling in the box with your choice - this will be the permanent link to your portfolio. You can change the url when logged in, visiting your Account Settings/Account. Note: you may only change your URL one time. This change cannot be undone.
When logged in, please visit your Account Settings/Notifications to manage which ones you want to receive.
You can at anytime delete/cancel your account by contacting us at firstname.lastname@example.org. You will be asked for your account details before completing the deletion. Please note that Deleting your account is permanent and irreversible. All of your information, including comments, messages, discussion posts, etc will be deleted. No one will have access to your profile or projects ever again.
Project images (including Project covers) can be up to 8,5 MB. Videos can be up to 20 MB.
We support .JPEG, .PNG and .GIF (only for project content).
If you click on a project you can click on Copyright to see which one has been applied to that particular one. If you haven’t published your project yet, you can at anytime check which copyright has been applied by clicking on the “i” icon in the left menu.
Creative Commons is a non-profit organization that enables the sharing and use of creativity and knowledge through free legal tools. CC licenses are a great instrument to provide a free, simple and standardized way to understand the permissions provided to that your creative work.
You can at anytime change the license applied to your works. Please note that once you apply a CC license to your material, anyone who receives it may rely on that license for as long as the material is protected by copyright and similar rights, even if you later stop distributing it.
When logged in, if you click on a project you can send a report if you find a copyright violation, offensive material, a trademark violation or adult content which has not been appropriately treated.
In case your project contains nudity, sexual themes, expletives or violence, we advise to check this option in order not to offend other users. To make sure our website is not blocked from safe browsing, projects containing adult material will not be displayed in the community. Only registered users will be able to access it and a black mask will inform them of that.
The provisions and conditions referred to in this document regulate the use of the Website and are automatically applied to all the Visitors that will visit its pages. The Visitors accept without reservation all the provisions of this document just by accessing the Website, but are anyway required to carefully take vision of it. All Visitors must be at least eighteen years old (18) or anyway duly authorized to the navigation by a parent or legal guardian; otherwise Sinverb assumes no liability for viewing by an underage individual of content which might be considered unsuitable to his age. Although the relations between Sinverb and Users, on one hand, and Sinverb and Customers, on the other, are integrated by separate and more specific terms and conditions, specially created for each category of subjects and accepted at the time of creating an account or participating to a Competition (for Users), or the launch of a Competition (for Customers), this document, as far as not in conflict with those additional conditions, also rules the relations between Sinverb and the Users and between Sinverb and Cusotmers.
In order to fully understand the Website’s goals and purposes, as well as the services provided by the same, please refer to [Our Goal] page, that all visitors (especially Users and Customers) are committed to read. Herein we point out the chance for the Users to sign up in the Website and (i) simply upload their works and their own materials for the sole purpose of creating their own portfolio, viewable by third parties with different and eventual publicity limits (depending on the privacy options available to the Website and freely selected from each User), or (ii) exercise the right to participate in the Contests each time promoted by Customers after having accepted the terms and conditions prepared each time for each Contest (in order to take part in a Contest the User is required to bi signed up to the Website). We specify that the publication of Contest announcements, strictly dependent on the full discretion of each Customer, must be considered merely eventual and can not in any way be regarded as an obligation for Sinverb.
It goes without saying that the mere adherence to the first mode requires the sole acceptance of the present conditions and of those that form an integral part of the documents necessary for the registration on the Website and mentioned in the [Terms of Service] page. In order to take part to a Contest the User will be required to accept the corresponding rules, prepared in order to regulate the relationship between the Website, the Customer and the User, that will refer only to the single Contest the same are referred to, and, only with regard to that Contest, the Users might see partly modified the present conditions, as well as those accepted when creating the personal account.
Sinverb’s activity has to be included in the so-called crowdsourcing activity and is not directed to the signing of labor contracts, but to the mere stipulation of commercial contracts (such as, by way but not limited to, contracts or sale contracts). Being clear this purpose, Sinverb specifies not to manage or organize any possible contact between Users and Customers who have sponsored a Contest, that might be directed to subscribe a contract of professional cooperation, provided that such activity is entirely extraneous to the one exerted by the Website.
Except for the case of other specific provisions, anyone who publishes materials on the Website will remain the sole owner of the same (such as but not limited to logos, drawings, projects, texts, images, data, files, softwares, trademarks and all brands, registered or not). Therefore Sinverb, Customers and Users will remain the sole owners of the charged materials, except for what is eventually agreed time to time with Customers on the occasion of Users’ participation in a Contest (as already stated, these agreements may derogate from these general terms). In any case all materials visible on the Website are protected by copyright and/or industrial and intellectual property laws, and their unlawful or unauthorized use by anyone (including Users and Customers) can legitimately be pursued in accordance with current regulations.
Materials owned by Users:
Materials published on the Website remain of sole property of the User, unless otherwise agreed when participating in a Contest. Anyway, also in case of any possible transfer to third parties of the property or use rights of the materials or of the projects uploaded, the author will keep the relevant moral and paternity rights. Regardless of any specific discipline of the rights of use of the materials uploaded, or of the copyright or intellectual property agreed when partecipating in each Contest, when publishing each work or project, the User represents and warrants (under his own responsibility) to be the owner of the uploaded and shared content, or to be in possession of all necessary permits to use and dispose of the content (then to publish it as well).
By uploading a work on their profile and selecting the Everyone (recommended) option, Users grant Sinverb the Creative Commons license [Attribution-NonCommercial-ShareAlike 4.0 International], which all Visitors are suggested to read in order to personally take notice of the rights granted on the works uploaded on each User’s profile. This license is for free, irrevocable, non-exclusive, non-sublicensable, allowing the beneficiary to reproduce, and share (in whole or in part) worldwide, for non-commercial purposes, the materials, the works or projects published, as well as to produce, reproduce, but not to share, worldwide, for non-commercial purposes, the material and the works eventually derived from the same materials or works originally uploaded by the Users.
This summary description above is not intended to be exhaustive, what is only guaranteed by reading the license at the abovementioned link, or by browsing the Website www.creativecommons.com and its policies displayed at [creativecommons.org/policies], that all Visitors are strongly suggested to read.
The materials covered by the license described above will be marked with the symbol or recognizable because from the Creative Commons definition: Attribution - Non Commercial - No Derivatives.
However, the Users may choose a more stringent system of privacy by selecting, when uploading their own materials on the Website, the option No usage or posting without explicit permission, through which the User does not grant any license to the Visitors, limiting to grant Sinverb the license to publish this materials only on the Website, remaining expressly ruled out any further or different use (such as but not limited to the right to copy, reproduce, modify, adapt, share, publish on other websites, distribute, sale or take get commercial exploitation in any form) that any person (including the Website and the Visitors) could do with the materials without the prior permission of the owner. In this second case the materials will be marked by the symbol or recognizable from the definition "No Use at all".
Sinverb shall not be held as liable for any possible unauthorized use of the materials carried out by third parties, regardless of the materials’ privacy options selected by the User.
Materials uploaded on Sinverb:
All Visitors are granted a limited, personal, revocable, non-transferable, non-sublicensable and free license to access and use all the materials available through the Website, and different from the ones which are property of the Users (which have been regulated in the previous paragraph), only for personal, strictly private and non-commercial use.
Except for the case of explicit and different provisions, the license does not allow to: (i) use, reproduce, copy, modify, adapt, publish, transmit, distribute, perform, download, insert in a database, create derivative works, move, decode, distribute or sale of any part of the Website or any of the materials property of the Website (or of the Customers); (ii) use programs, algorithms or methods of any kind, under which it is possible to gain access, acquire, copy or reproduce any part of the Website and/or materials on the same uploaded by anyone; (iii) use the Website and/or the materials uploaded on it by anyone (in this case also by the Users) for commercial purposes and, in general, for a purpose different from the one pursued by the material’s owner when uploading the same.
Any use of the Website or of the materials published therein other than those specifically authorized and/or permitted by the terms and conditions expounded on the Website, or, in general, under the applicable laws concerning copyright, industrial and intellectual property rights, if carried out without the prior written consent of the owner, is strictly forbidden and shall implicate the immediate revocation of the license granted, being understood that both the Website or the owner of the right violated shall be entitled to adopt any further action to protect the rights violated.
Sinverb provides its services "as is", so as they are and as they are available at the time of their use by the User or the Customer, to the maximum extent permitted by applicable law: Sinverb does not assume any liability whatsoever for the use, accuracy, completeness, reliability of the services, as well as for their update or appreciation level. Sinverb does not guarantee the availability of the services, nor that the same will be provided without any interruption, on time, safely and/or with no mistakes, nor that any possible error will be corrected.
It is also excluded any warranty of merchantability, fitness for any particular purpose, or quality of the Website and of the services offered on or in connection with the same; in addition, Sinverb does not guarantee that the Webite is free of viruses or other harmful components, or assume liability for: (a) any malfunction or failure of hardware, software, network, Internet or any other malfunction or failure that can affect computers or communication networks; (b) any printing or typographical errors on shared materials on the Website that is associated with the Contest.
Materials uploaded on Sinverb are exclusive property of the User who uploaded them, which guarantees, under his own responsibility, to be the author of all of the materials published and, in any case, to be in possession of all authorizations and permission required for the use, the publication and the disposal of the same, as well as for the granting of all licenses that may constitute content of the agreements with Sinverb and, eventually, with the Customers. Each User shall also ensure that materials do not constitute violations of rights of third parties, especially of copyright, industrial or intellectual property rights. The same guarantee has to be considered as valid with reference to the uploaded projects in case of partecipation in the Contests promoted by the Customers and organized by Sinverb.
For its part, Sinverb has not any obligation of a preventive control over the uploaded materials, nor any obligation of result about the discovery of any abuse, and, consequently, shall not be held as liable in case of any violation of the rights of others, perpetrated through the publication of materials on the Website. The only subject who shall be held as liable for such conducts, as well as for every possible consequent prejudice, is the person who has unlawfully used or published the contested contents. This person, therefore, shall hold the responsibility to indemnify Sinverb or other possible damaged subjects, from all the negative consequences eventually suffered.
Thus Sinverb shall not be subject to claims by third parties due to violations of the rights set out above, but offers its help to identify such abuses and their authors and to do everything in his power to give the damaged party the possibility to pursue those responsible by law.
Sinverb disclaims any responsibility for any possible use the Visitors may make of the materials published on the Website. In any case each Visitor is responsible for the use he makes of such materials, and shall also be the sole recipient of any legal action, committing himself to indemnify Sinverb or any other damaged subject for any damage suffered as a result of the unlawful conduct.
Sinverb will not tolerate the publication, in any form, on the Website, of the following types of materials:
- sexually explicit, pornographic, child pedopornographic, defamatory, abusive, libellous, threatening, invasive of privacy or of personal rights or of other rights of the parties or of any third party (including other Users or Customers), and in any case illegal;
- materials appropriate to constitute, encourage or provide instructions for a criminal offence, or which could violate national and international laws and regulations;
- materials that, regardless of the awareness of the subject that uploaded it, violates the copyright or intellectual or industrial property rights of third parties;
- materials copied or clearly inspired by materials which are property of others, possibly also of other Users;
- materials which can be in any way dangerous for underage people;
- materials that promotes Sinverb competitors or any competitor of Customer whose Contest is not yet terminated;
- promotions, campaigns, advertising or solicitations, or materials that might in any way incite hate, violence and discrimination based on gender, race, sexual orientation or religion;
- material that presents third parties’ personal data, including, by way of example and without limitation, addresses, phone numbers, email addresses, social security and credit card numbers;
- viruses, malware or other malicious files;
- materials that may limit the use or the fruition, by any other User, of the Services offered by Sinverb, or may limit the participation in a Contest, or which may expose Sinverb or Visitors to liability of any kind;
- material that violates this document, the rules for the partecipation in each Contest, any other document and/or guideline published on the Website and adopted by Sinverb, the applicable laws.
In case a Visitor notices an infringement of the rules just given, he will be able to report the abuse by sending an email to email@example.com, being understood that in such a case shall apply the [Report an Abuse] procedure prepared by Sinverb, with all the possible implications. In this circumstance, Sinverb agrees to assess the compliance of the contested contents with its standards and its internal policy, and, in case of negative evaluation, to remove them as quick as possible, being understood that Sinverb retains the right to manage as its sole discretion the time necessary to carry out its internal investigation. In case of alleged lesion of other people's copyright, or of industrial or intellectual property rights, the person who decides to report the abuse shall provide Sinverb material suitable to allow the verification of the reported infringement. In any case, Sinverb obliges itself to remove without delay the disputed material if required by the competent authorities, or in its unfettered discretion to the outcome of the reporting process and internal investigation.
By accessing the Website, Visitors accept the risk of finding some materials that, regardless of the violation of the rules above, may not be appreciated or that could be considered offensive or otherwise inappropriate. In this case Sinverb disclaims any responsibility and, if such images or materials are considered to fulfill Sinverb’s aims and objectives, anyone who, on the contrary, considers them as an appropriate, or feel offended or threatened by them, will have no other solution than stop browsing the Website, or simply to display only the materials which are appreciated.
Given that each User is the sole responsible for the materials published and for any false statement made to Sinverb, in case of verification of any kind of abuse, the Website reserves the right to take at its sole discretion, with the time and manner it deems as the most appropriate, all the actions that will be believed as necessary, from the suspension or removal of the disputed content, up to the cancelation of the account of the User considered as responsible of the abuse.
In order to take advantage of the services provided by Sinverb potential Users must create an account by selecting [Sign up] and following the procedure explained in the relevnt section, while potential Customers shall adhere to the terms and conditions set out in the section [Business Agreement], within which they maintain the power, with all the limits provided in the same document, to decide the rules and procedures to be followed during the Contest. Those rules shall be evaluated and decided in conjunction with Sinverb.
If not registered, the Visitor will have the opportunity to take advantage only of the following free functions:
- view the Website’s home page, as well as all the information related to Sinverb’s activity;
- visit the Community and see the projects and materials submitted by other Users and its contents (obviously in compliance with the restrictions as may be prescribed by the User/owner);
- consult Users’ profiles (obviously in compliance with the restrictions as may be prescribed by each User);
- consult the page where all Contests are listed;
- visit the page relevant to each Contest, view relevant contents (at each phase) and get all the information related thereto;
- report eventual abuses through the procedure [Report an Abuse] made available by Sinverb.
Except for this last case the activities permitted to the not registered Visitors will be clearly limited because and the Visitor will not be allowed to interact with other Users, contact them, make comments, participate in Contests, use or share photos, works and projects contained in the Site.
The Visitor will not be allowed to access projects and/or images that have content suitable only for an adult audience, to which access is allowed as an option only to registered Users.
Similarly, on the pages of the Website may be visible advertisements, clicking on which the Visitor may be redirected to the page of the service provider advertised. Again, it's Visitor’s responsibility to take advance vision of the conditions governing the service or the use of the Website as stated by the relevant provider, and no responsibility can be attributed to Sinverb.
The pages and services provided by Sinverb are accessible from all over the world, although that does not mean that those pages and services themselves have content that is legal in every country. In case of verification that in certain countries some of the pages or services provided by Sinverb may not be considered as legal, Sinverb will do everything in his power to block the access to these services or pages, only for these countries, being provided that the Visitors are the sole responsible obligated to verify that the services or the pages visited are not illegal in the nation where the same are enjoyed.
Each legal dispute shall exclusively settled by the Court of Bologna, in Italy - where the proceedings shall take place in Italian - being excluded any exception to the above stated local jurisdiction, except for the protections provided for the possibility that the counterparty of Sinverb is a Consumer.
1.1. Sinverb grants to registered Users, who have read and accepted these conditions, the chance to upload and share on the Website materials, works and projects of their own creation, to the conditions below clearly specified, explanatory of all services provided by Sinverb and by the targets pursued, the User declares to have read carefully.
1.2. The User who uploads his own materials on the Website declares to be more than eighteen years old, and guarantees to be the author or the owner of everything published and, in any case, to be in possession of all the necessary authorizations and permits for the publication or the use thereof, as well as for the granting of all the licenses that might be granted through the agreements concluded with Sinverb and, in case, with Customers.
1.3. By registering on the Website the User commits himself to carefully read and accept all the conditions that will govern his relations with Sinverb, with all Visitors and, in case, with the Customers, allowing these persons to make use of the uploaded works with full respect of th rules identified by the Website and accepted by the User, of course within the limits of the law from time to time applicable, also in relation to individual national laws that may find application.
1.5. Unless otherwise stated in the Contest, the User is allowed to participate in various Contests using projects already published on its portfolio.
2.1. The User has the right to activate the Sinverb account maintaining full discretion regarding the quantity of works to published on his own portfolio, being clear that he is bound by the content limits referred to in paragraph 5.5.
2.2 When creating an account, the Users are obliged to indicate their personal information, with express prohibition to indicate those of other people. Anyway, the User will be given the opportunity to indicate a pseudonym or stage name, which in any case does not replace the requirement to provide real information.
2.3. The registration process and the creation of the account consist of the following steps:
a) select the [Sign Up] key, where the User is informed about the application of these conditions, that can always be consulted, after which the application process has begun;
b) sign up to the Website by adding personal data necessary for the creation and management of the account (please refer to [Privacy and Cookies] policy to know how your personal data are treated), and the subsequent express acceptance of these conditions;
c) a specific tutorial will show all the different features and options (including those about privacy and publicity of the materials) made available to the User for the configuration of the portfolio;
d) by uploading your works, selecting the privacy settings and confirming the publication using the "Upload Project" button, the User agrees conclusively that on published materials are applicable, with respect to the Website and third parties, the conditions proposed by Sinverb and freely selected and accepted by the User. Until then, the User has the right to terminate the application process or to make changes to the data already entered;
2.4. The Contract shall be considered concluded, with all the connected legal consequences, after Sinverb receives at its email box notice of the acceptance of the conditions and the application for account creation and registration, sent by the User through the conclusion of proceedings referred to in paragraph 2.3.d), thus by clicking on the button "Done!".
2.5. After the conclusion of the Contract, the User receives a message on the provided e-mail account confirming the registration, which contains a summary of the conditions accepted during the registration.
2.6. After the conclusion of the Contract the Website will save it on its servers, physically located at Digital Ocean, 101 Avenue of the Americas, 10th Floor, New York, NY 10013, but the User will have the right to access them at any time by selecting [Terms of Service] always visible in the footer.
2.7. The security of the account and of the password chosen for the log in is entrusted exclusively to the User, who will be the sole responsible for the activity carried out through the account. The User may at any time retrieve credentials through the specific procedure [Forgot password] displayed in the “Log In” panel.
3.1. Users, even if not Professional as specified in the Definitions, in accordance with what stated in the Contract, agree to maintain the highest level of integrity, fairness, professionalism and responsibility, and also undertake to perform and interpret the Contract in good faith.
3.2. The User also guarantees that the uploaded materials do not constitute infringement of the rights of others, especially of copyright or industrial or intellectual property rights. The User declares and guarantees, under his own personal and exclusive responsibility, to be the only and exclusive author or owner of the copyright on the materials uploaded on the Website, and that these have not been previously published or used by third parties, or in any case to be in possession of all the necessary permissions to use and license them under the terms specified below.
3.3. The User also guarantees the authenticity of the work, if covered by copyright, and the full authorship of the same, guaranteeing about the absence of any possible conflict with third parties. The same guarantee will be requested with regard to the projects uploaded while participating in the Contests promoted by the Customers and organized by Sinverb.
3.4. The User agrees to indemnify Sinverb for any possible damage, including legal fees, arising out of disputes or litigation related to the issues referred to in paragraphs n. 3.2. and 3.3., or whatever damage possibly connected with the upload of the materials and anyhow ascribable to the User.
3.5. Before creating the account each User is warmly invited to consult carefully the privacy options of the profile, always under the section [Account Settings], in order to be able to consciously set the profile settings and all the categories of information and materials contained therein. These settings allow the User to regulate, by way of example but not limited to, the visibility of his personal information, including the right to use, publish and share the single materials or the uploaded projects, as well as the entire profile. The User retains the right to modify at any time the privacy options related to his profile. If User preferred to deny or withdraw consent to the publication of all or only some of the work uploaded, these will not be visible to third parties through the Website, it being understood that in that way the User will lose the chance to exploit the services provided by Sinverb and the visibility and the benefits associated with the use of a public profile.
3.6. Through the creation of an open profile, and specifically allowing the publication of each material, the User will maximize the visibility of his work. We specify that whenever the User permits the publication of a work or project or material, simultaneously grants Sinverb the Creative Commons license [Attribution-Non Commercial-Share Alike 4.0 International], that the User reads and accepts during the registration and uploading process. The license is granted automatically by selecting the “Everyone” (recommended) key, referred to the system of publication of each material. This license is free, irrevocable, non-exclusive, non-sublicensable, allowing the beneficiary to reproduce and share (in whole or in part) worldwide for non-commercial purposes the published materials or works or projects, as well as to produce, reproduce, but not to share, worldwide, for non-commercial purposes, any material or works derived from these materials or works originally uploaded. The license provides that the use of the materials uploaded by each User on his portfolio is also given to each visitor to the same extent and subject to the same terms as the license granted to Sinverb. This summary description of the license does not pretend to be complete, what is only guaranteed by the reading of the entire version of same license at the link indicated above, or by browsing the www.creativecommons.com website, and viewing its policies at https://creativecommons.org/policies, which the User is strongly encouraged to read. The materials covered by the license described above will be marked with the symbol or recognizable because accompanied by the definition Creative Commons: Attribution - Non Commercial - No Derivatives.
3.6.1. In addition to the aforementioned and recommended “Everyone” option, the Website provides the User with the chance to choose the different option to prohibit any use or publication of the materials uploaded without explicit permission (No usage or posting without explicit permission). By selecting this second option the User prohibits the use, also for non-commercial aims, of the materials or just of parts of them, and any use by the Website should be agreed with the User. This way the User does not grant any license to the Visitors, merely granting Sinverb a license of publication of this material only on the Website, remaining expressly ruled out any further or different use (including, by way of example, copying, reproduction, modification, adaptation, sharing, publishing on other websites, distribution, sale or commercial exploitation in any form) by any person (including the Website and the Visitors) without the prior permission of the User owner. In this second case the materials will be marked by the symbol that is recognizable because accompanied by the definition "No Use at all".
3.7. Once granted the license [Attribution-Non Commercial-Share Alike 4.0 International] and published the works, any subsequent selection by the User of more restrictive privacy options imposes Sinverb to adapt the configuration profile and its functionality according to the needs expressed by the User, preventing that through the Website (and only through that) would be made any use of the materials or of other information of the User dofferent or in any case inconsistent with the one provided by selecting the more restrictive privacy settings. The option to select more restrictive policy settings even in a second moment will not limit any rights already granted with the license both to Sinverb and to other Users, who will be therefore allowed to continue to enjoy them (though not through the Website). In this regard, Sinverb reserves the full right to use the already licensed materials, of course within the limits of the license, only for purposes strictly related to its business and only if it will deem it as particularly useful or necessary, and in any case, as far as possible or convenient, in the way that will be believed (in its sole discretion) as the less invasive to the User who has opted at a later date for a more restrictive regime of privacy. In this regard please note that the User is solely responsible for any evaluation and decision about the appropriate level of privacy, publicity and confidentiality of the uploaded materials.
3.8. If the User decides to apply on a work already published on his Sinverb profile (already subject to the license mentioned above) a license more restrictive or otherwise different, it will certainly be possible, except for the already mentioned irrevocable [Attribution-Non Commercial- Share Alike 4.0 International], which as far as possible will co-exist with the license granted later.
3.9. Users have the right to join the Website as a Team. In this respect, all the relationships between the Team and the Website will be referred to the person who created the Team, which at the time of the creation of the Team’s account has provided his personal information and email address. All obligations and rights for the Users bind the Team too, and the creator of the Team will be held personally liable for any breach of this Agreement, even if perpetrated through the same Team. Similarly, the internal relations between members of the Team may never constitute a reason to oppose against Sinverb, which shall not in any way be involved in disputes or issues of any kind concerning the relationships between the Users of the Website and or the members of a Team, including, by way of example but not limited to, those related to the authorship of the works or the liability for violations of third parties rights perpetrated by publishing materials formally attributable to the Team. The creator may invite Team Members (who will receive a corresponding notification, and will be free to accept it or refuse it) to be part of the Team and at its discretion has the right to delete members without notice or penalty. Belonging to a Team does not guarantee access to any restricted area. The account owner is the sole responsible for the published projects unless are expressly indicated other Collaborators (co-creator of the project), who shall accept the role and all the related responsibilities.
4.1. Sinverb is committed to conduct all its activities with the utmost professionalism - performing and interpreting the contract in good faith - and declares to have an organization able to pursue its objectives.
4.2. Sinverb therefore undertakes to prepare and organize the Website to ensure the visibility of the uploaded materials to the greater and more efficient extent compatibly with its technical and economic capabilities, as well as with current legislation. The activity carried out by Sinverb, even if able to bring benefits to each User, will not make Sinverb the agent of any of the Users.
4.3. In order to promote a more effective diffusion of the materials uploaded, Sinverb allows the User to connect his accounts with those personal eventually active on other websites and/or social network (which currently are Google+, Facebook, Twitter, Linkedin). Sinverb reserves, however, to extend this possibility to other websites, as well as to interrupt the relationship with some or with all of those listed above, in its sole discretion.
4.4. The services now provided by Sinverb are, to the User, completely free; Sinverb nonetheless reserves the right to provide additional services or to implement the existing ones, eventually by asking the payment of sums of money. In such case, the user will be duly informed about the news, and the possibilities and ways to adhere to these.
5.1. Sinverb provides its services "as is", so as they are and as they are available at the time of their use by the User or the Customer, to the maximum extent permitted by applicable law: Sinverb does not assume any liability whatsoever for the use, accuracy, completeness, reliability of the services, as well as for their update or appreciation level. Sinverb does not guarantee the availability of the services, nor that the same will be provided without any interruption, on time, safely and/or with no mistakes, nor that any possible error will be corrected. It is also excluded any warranty of merchantability, fitness for any particular purpose, or quality of the Website and of the services offered on or in connection with the same; in addition, Sinverb does not guarantee that the Webite is free of viruses or other harmful components, or assume liability for: (a) any registration or submission of Projects delayed, not received, confused, distorted or damaged; (b) any malfunction or damage of hardware, software, network, internet or any other malfunction or failure that can affect your computer or the communication networks; (c) any destruction, damage or loss of material caused by events beyond the control of Sinverb; (d) any printing or typographical error on the shared materials or any how associated with the Contest; (e) any fraudulent breach of security or of privacy of the loaded content; (f) the absence of other Contests launched by other Customers, being clear that the launch of a Contest has to be considered as merely possible and any way dependent on the full discretion of third parties different Sinverb.
5.2. In no case Sinverb shall be held responsible for any direct, indirect, consequential damages or any harm suffered by the User and occasioned by the use of the Website. This limitation and exclusions referred to in this paragraph apply to the fullest extent of each jurisdiction each time applicable.
5.4. The connections of the User’s profile on Sinverb with profiles attributable to the same User and created on other websites (such as those referred to in paragraph 4.3.) are managed, to the extent applicable to Sinverb by this Agreement, and by all other rules applicable to the relationships between the Website and the Users, on the understanding that Sinverb will not be held responsible for any malfunction, sharing or unauthorized publication or, in general, for any damage eventually caused by the specific rules of the different websites with which that connection is allowed. We remind that for the operation of those websites Users must refer to the rules provided on each of them, so that it will be the User to evaluate, according to his needs, the opportunity to exercise the option of connecting his Sinverb profile with others activated on other websites. The user can decide at any time to disconnect the account on each of these websites.
- materials which can be in any way dangerous for underage people;
- viruses, malware or other malicious files;
5.6. In case a Visitor notices an infringement of the rules just given, he will be able to report the abuse by sending an email to firstname.lastname@example.org, being understood that in such a case shall apply the [Report an Abuse] procedure prepared by Sinverb, with all the possible implications. In this circumstance, Sinverb agrees to assess the compliance of the contested contents with its standards and its internal policy, and, in case of negative evaluation, to remove them as quick as possible, being understood that Sinverb retains the right to manage as its sole discretion the time necessary to carry out its internal investigation. In case of alleged lesion of other people's copyright, or of industrial or intellectual property rights, the person who decides to report the abuse shall provide Sinverb material suitable to allow the verification of the reported infringement. In any case, Sinverb obliges itself to remove without delay the disputed material if required by the competent authorities, or in its unfettered discretion to the outcome of the reporting process and internal investigation.
5.7. We specify that in the case of participating in a Contest, User will be required to adhere to a contract drawn up by the Website together with the Customer, then to accept the content unconditionally. On that occasion the User will assume the obligations and will become entitled to rights directly also towards the Customer, and the relationship between the Customer and the User will have direct action towards each other, while Sinverb can in any way be held responsible for any non fulfilment of the obligations which reciprocally bind te Customer and the User. Both the Customer and the User in fact engage to keep Sinverb free from any prejudice suffered due to the breach of contract carried out by them. It goes without saying that the User and the Customers will keep on being bound by the obligation agreed with Sinverb.
5.8. In no case Sinverb shall be held responsible for any copy and/or unauthorized download of the uploaded materials made by Visitors through the pages of the Website, being expressly excluded on Sinverb the obligation to develop any security system to stop Visitors from copying or downloading the material, of any quality or nature.
6.1. If not differently provided, anyone posting any material on the Website will remain its sole owner (by way of example, logos, drawings, designs, text, images, data, files, software, trademarks and all brands, registered or unregistered). This rule applies to Sinverb, Customers and Users, who will remain the sole owners of the uploaded materials, except for what may be agreed from time to time with the Customers during each Contest (whose accession by each user is absolutely free and optional). In any case all visible materials on the Website are protected by copyright and/or industrial and intellectual property laws, and their illegitimate or unauthorized use by anyone can legitimately be pursued in accordance with applicable regulations.
6.2. Materials owned by the Users: Materials published on the Website remain of sole property of the User, unless otherwise agreed when participating in a Contest. Anyway, also in case of any possible transfer to third parties of the property or use rights of the materials or of the projects uploaded, the author will keep the relevant moral and paternity rights. The use of the Users owned materials uploaded on the Website is regulated at the previous paragraphs 3.6., 3..6.1., 3.7. and 3.8.
6.3. Materials published on Sinverb: All Visitors are granted of a limited, personal, revocable, non-transferable and non-sublicensable and free license to access and use the materials available through the Website which are not property of the other Users (for which refer to the previous paragraph) for personal use only, strictly private and non-commercial. Except for eventual different provisions the license does not allow to: (i) use, reproduce, copy, modify, adapt, publish, transmit, distribute, perform, download, include in a database, create derivative works, crack, transfer, distribute or sale any part of the Website or any of the materials which are property of the Website or of the Customer; (ii) use programs, algorithms or methods of any kind under which is possible to access, scan or copy any part of the Website and/or the materials of the Website; (iii) use the Website and/or the materials uploaded by anyone (even by Users) for commercial purposes or, in general, for a purpose other than their own. Any use of the Website or of materials upoaded therein other than those specifically authorized and/or permitted by the terms and conditions set forth on the Website, or, in general, in accordance with applicable law, without the prior written consent of the owner is strictly prohibited and involves the immediate revocation of the license granted, and leaves the damaged person the right to exercise any further action to protect the rights violated.
7.1. This Agreement has effect for an unlimited period starting from the moment the User has completed the procedure of registration to the Website, completing the creation of his personal account, as stated in paragraph 2.3.d). The effects of the privacy and disclosure settings, as well as the relevant license granted on the uploaded materials will be immediately effective upon posting of the same.
7.2. Except for the case of specific rules provided for the participation in a contest (see next paragraph 9.3.) the User also retains the right to cancel his account at any time, in fact withdrawing from the Contract, without any notice, without needing to give any reason, without costs or penalties, simply by sending an email to email@example.com containing the request to deactivate the profile, together with the User's username and password.
7.3. By clicking the button [Delete Project], always displayed on each project, work or material, the right of withdrawal will be exercised with respect to the sole selected work, with the result that for those not affected by the cancellation the rules defined in the Contract shall keep on being applied, and the User profile will remain active. The User can also delete a Collection by clicking the Edit button located on the top of each cover.
7.4. The User who is also a Consumer is authorized to exercise the right of withdrawal within 14 days from the account creation, or from the uploading of each work, in which case the cancellation of the profile or work will produce the loss of all effects related to this Contract, and the license eventually associated with each work or project must be considered as never granted. Sinverb in this case will not be entitled to use or display the work any longer, differently from what provided in art. 9.1. (which regards the specific case in which the withdrawal right has been exercised after the fourteen day term is expired). It goes without saying that Sinverb can not be held responsible for any subsequent use that the Visitors of the Website could do of the work subject to withdrawal, since the transfer of the license to visitors gets integrated simply with the publication of the materials on the Website.
7.5. The withdrawal will be effective after Sinverb has received notice of the termination at its email account.
7.6. Sinverb is in any case committed to confirm to the User the dissolution of the contractual relationship by notifying to the email address provided during registration (in the case of full withdrawal and subsequent cancellation of the account) or through communication to the Website personal account (in case the withdrawal has affected only some materials).
7.7. If a Consumer participates in a Contest he may exercise the right of withdrawal from the same within 14 days after the conclusion of its application process. Upon expiry of that period, while retaining the right to freely withdraw from this Agreement (with the conditions specifically identified in paragraph 9.3.), he will have no right to leave the Contest and the obligations assumed by acceding to the same, because assumed also towards to a third party represented by the Customer who launched the Contest. In such a situation, a withdrawal from the Contest may cause to the User liability towards both the Customer and Sinverb.
7.8. During a Contest the User will retain the right to exercise the right to withdraw from this Agreement with respect to all the materials uploaded on his profile and that have nothing to do with the Contest.
7.9. If the Creator of a Team inhibits a User the access to the contents of the same Team, that User will have no other ways to access the Team restricted area.
7.10. Sinverb may exercise the withdrawal right, in its sole discretion, if as a result of the investigation established by the procedure [Report an Abuse] referred to in paragraph 5.6. would end up to consider the profile of the concerned User no longer compatible with the targets on which the Website bases its activities. Similarly, Sinverb may decide in its sole discretion to remove materials uploaded on the User's profile if it does not consider them in compliance with the requirements already identified in paragraph 5.5..
8.1. Except for the right to compensation for possible greater damages, Sinverb will be entitled to terminate the Contract, with immediate effect and without notice, in the following cases of particularly serious breach of Contract:
(ii) it was discovered that the copyright of even a single work is not owned by the User or that the uploaded materials infringe third parties’ rights;
(iii) it was found that the User is not the exclusive owner, or does not have permissions to publish or grant license on even just one of the materials uploaded to the Website;
(iv) it is found that the User has made false declarations and is under eighteen.
9.1. Given the perpetuity of the license, after the withdrawal right exercised within 14 days after the upload of the relevant work, the materials uploaded on Sinverb and subject to withdrawal (of course only those for which the User had authorized the publication), may continue to be used and/or shared under the same conditions of the license granted, both by Sinverb and by the Visitors, provided that Sinverb commits itself to impede visibility, use and/or sharing of these materials by the Users through the Website. Sinverb reserves however, by just for itself, the full right to use these uploaded materials licensed and then deleted, of course within the limits of the same license, for purposes strictly related to its business, only if it deems it useful or necessary, and in any case, as far as possible or convenient, in the way in its sole discretion will evaluate as less invasive towards the User who made the withdrawal.
9.2. Except as otherwise provided in paragraph 9.3., in the event of withdrawal exercised by the Consumer User within 14 days from the loading of each work, the consequences are those already described above in paragraph 7.4..
9.3. In case of withdrawal from the Contest made by a Consumer User within 14 days from the submission of the project (never uploaded before on the User's profile), the same project will no longer be considered as submitted to the Contest and the licenses granted on the same will be considered like never conferred, as provided in paragraph 7.4. In the event that the project had already been uploaded on the User ‘s portfolio more than 14 days before, remaining valid the withdrawal from the Contest, the irrevocable licenses granted on the project remain valid and effective, in accordance with paragraph 9.1. After 14 days from the adhesion to a Contest and from the relevant uploading of its project, the User will retain the right to withdrawal from this Contract (with the effects referred to in paragraph 9.1.), eventually also by deleting his profile, but the work uploaded for the purpose of the Contest will remain in the competition, and the User will keep on being bound to the commitments assumed towards Sinverb and the Customer on the occasion of the Contest. Moreover, even in case of total cancelation of the Profile during the Contest, the relevant page will keep on showing the sole references to the User's profile, indeed already unusable and empty except for the work in competition. In case of need arising from obligations agreed by participating in a Contest, the deleted User will be contacted by Sinverb that will do everything in his power in order to facilitate the proper execution of the Contest contractual relationships, but without any obligation of result, notwithstanding the responsibility of the User towards Sinverb and Customer for any possible breach of the various contractual relationships. In this case, given the obligation that binds the parties, it is recommended that the User reactivates the account, possibly just to deal with Sinverb and with the Customer. More specific rules about the point can be in any case announced and accepted by the User before joining each Contest.
9.4. It goes without saying that after the closing or deletion of an account Sinverb will not be responsible for any use that other Visitors (who have been granted of the license, exactly like Sinverb) may make of the materials which were once uploaded on the Website, even if obscured or no longer visible.
9.5. Even after the concratual relationships between the parties have been interrupted, the User remains bound to the obligations referred to in paragraphs 3.2., 3.3. and 3.4.. Users may grant more restrictive licenses in favour of third parties on the materials already uploaded on the Website, undertaking anyway to warn the third party of the existence of the [Attribution-Non Commercial-Share Alike 4.0 International], as mentioned perpetual, taking on him any possible detriment that the third holder of the next and eventually stricter license might suffer because of the license already granted at the time of the creation of the profile on Sinverb.
9.6. Following the cancellation of one or of all the materials uploaded on the Website, the User agrees that Sinverb maintains copies of them for its own records or backups.
10.1. Parties shall not be held liable for any breach of any of the obligations herein, if such failure is caused by natural disasters, riots, strikes, fires or by any other unforeseeable event outside the control possibilities of the affected Party.
10.2. Should a case of force majeure occur, the Party whose performance has been delayed or made impossible by the occurrence of such event shall immediately inform the other Party, trying to adopt solutions to prevent, or at least limit, the consequences of this case of force majeure.
10.3. Should the force majeure event continue for a period of 3 (three) months, each Party shall be entitled to terminate this Contract.
11.1. 14.1. Any communication between Sinverb and the User shall be made in writing to:
If directed to the Website: Sinverb s.r.l., Via San Donato n. 82, 40127, Bologna (BO) - Italy, address always visible under section [Contacts] in the Website’s footer, or by sending an email to firstname.lastname@example.org;
If directed to the User at his email addres or by his Account.
11.2. All communications under the Contest Agreement shall be deemed as received and known at the time in which they will made available to the recipient and will be conducted in English only.
12.3. Any tolerance by Sinverb and/or any failure to object to facts likely to constitute a User’s breach of contract, shall in no way be interpreted as a waiver to the relevant right, which will remain intact and can be enforced at any time in accordance with the applicable law and with this contract.
12.4. The publication of Contest announcements, wholly dependent on the full discretion of each Customer, must be considered merely eventual and may not in any way be regarded as an obligation for Sinverb.
12.5. The User expressly authorizes Sinverb to use external collaborators in order to carry out the maintenance or the improvement activities of the online platform.
15.6. Failure to discipline some specific aspects inherent the mutual contractual relationships, implicates the obligation of the parties to act in good faith, and to agree to the signing of a supplementary agreement, if deemed as necessary.
13.1. This Contract is written in English and Italian and can be subscribed in one of these two languages, at the discretion of the User; in the event that may arise differences in interpretation, the English text shall prevail, and shall be considered the only authentic text.
13.2. The Contract is governed by Italian law, therefore all the rights and obligations hereunder, are regulated and must be interpreted according to the laws of the Italian Republic.
13.3. Anyone responsible for violations of this regulation may be subject to contractual penalties and consequences provided by the Italian law.
14.1. In case of dispute arising between the parties as a result and/or related to the interpretation, performance, breach or termination of this Agreement the parties, if it was not possible to reach an amicable settlement of the dispute, conventionally choose the jurisdiction of the Italian judge.
14.2. Each legal dispute shall be settled exclusively by the Court of Bologna, in Italy - where the proceedings shall take place in Italian language - being excluded any exception to the above stated local jurisdiction, except for the case the User is a Consumer, as defined in the definitions.
I confirm to have read this Agreement and to agree to all its conditions.
The User represents and warrant to accept the clauses of Articles. 1 (Introduction and Scope of Application), 3 (User obligations), 4 (Obligations of Sinverb), 5 (Limitation of Liability), 6 (Properties and Use of the Uploaded Materials), 7 (Duration and Termination), 8 (Early Termination), 9 (Effects of the Contract’s Termination), 13 (Applicable Law and Authentic text), 14 (Jurisdiction).
- Agreement: This agreement between Sinverb and User.
1.2. The Agreement governing the Contest, defined Contest Agreement, is therefore composed of these general conditions (applicable to all Contest) to be from time to time integrated with the Shared Offer between Sinverb and the Customer, governing the specific conditions agreed between the parties for each Contest, as well as of the Brief, which is the document aimed at introducing the Contest to the Users, which will be published on the Website after being agreed between Sinverb and Customers. These documents rule the relationship between Sinverb and the Customers.
1.3. The adhesion of the User to the Contest will be governed on the basis of a specific Adhesion to the Contest Agreement, the terms of which shall summarize the most significat parts of the relevant Shared Offer already agreed between the Website and the Customer. This way, adhering to a Contest the User agrees to be bound, as well as to assume obligations rights also directly towards the Customer: This means that and, disregarding the relationship which bind Sinverb to User and Customer, with the limits provided in the Contest Agreement, Customer and User will have direct and reciprocal action in case of breach of contract.
1.4. Since Sinverb does not intend to unilaterally predetermine all possible configurations of a Contest, the specific conditions of each Contest shall be agreed between the Customer and the Website at the time of creation of each Contest (and will be contained in the Shared Offer and in the Brief), while Website simply proposes non-binding combinations of configurations, completely different from the planning part of the Contest (where the Customer retains complete discretionary power), as well as to regulate the relevant characteristics in terms of law, giving the Customer the right to join in these by stating it in the basic offer forwarded to the Website (read below in paragraphs 2.3. and following). Sinverb strongly recommends the Customer, before writing the offer, to view the page [How it Works], which explains those detailed configurations, since the acceptance of all or just some of the conditions suggested by Sinverb, certainly comprehensive and respectful of the most common needs of the Customers, could make the process of creating each Contest much quicker and more flexible.
2.1. The Customer is at any time entitled to request information and a quote to create a Contest through the Website. To that scope the Customer shall fill the Contact Form by clicking on [Your Creative Journey Starts here] link, always visible on the home page of the Website, and then follow the prearranged procedure.
2.2. At the beginning of the procedure Sinverb will generate an account for the Customer that will be attributed to the natural person with whom Sinverb has maintained contacts and, in case he’s acting on behalf of a legal person, to the latter, except for what provided in the following paragraph 3.3..
2.3. The process of creating the Contest consists therefore of different phases in which the Customer and the Website may need to cooperate in order to coordinate each other's needs, and this is the reason why the Website suggests the Customer to take advance vision of the options offered by the Website. Then, the Customer shall:
[2.3.1] ask the estimated cost for the launch and the management of the Contest, as well as all the most significant information, by writing to email@example.com. Sinverb will do its best in order to answer no later than ten days after having received the request;
[2.3.2] once the conditions and the economic offer have been accepted, draw up the Contest offer, which, upon acceptance by Sinverb and after any possible integration with the options offered by the same, will form the Brief of the Contest. The offer must contain, by way of example and without limitation, (i) a sufficiently detailed description of the object of the Contest and of the planning activity requested, (ii) the extent of the economic reward offered as a prize for the winning project/s, (iii) the technical requirements of the projects to be submitted, (iv) the identification of any specific restrictions or special criteria for the participation in the Contest, (v) the duration of the whole Contest and of its different phases, (vi) criteria and voting manners, if provided (vii) specific performances or services required to Sinverb (viii) any other needs.
[2.3.3] send to Sinverb the request for creating the Contest (containing the basic offer);
[2.3.4] the Website will analyse the proposal, establishing a deal that will be closed when the reviewed offer drawn up by the Customer will be finally accepted by both parties: starting from that moment the offer will be considered as Shared Offer;
[2.3.5] together with the Shared Offer, the parties shall prepare the Brief, which is also shared with the same mechanism, and which shall contain the explanation of the subject of the contest and its rules;
[2.3.6] after the parties have agreed the contents of the Brief and of the Shared Offer, the Customer must formally request to Sinverb the launch of the Contest. Sinverb shall then send to the Customer a signed copy of the documents already shared, that the Customer shall return signed to Sinverb, together with a signed copy of the present document.
2.4. The Contest Agreement shall be considered concluded when Sinverb will have received from the Customer the above mentioned signed documents documents (Shred Offer and Brief, and the present terms) which shall be considered as written acceptance of the whole operation.
2.5. Once the contract is concluded, the Customer will receive an email confirming the creation of the Contest, containing the recapitulation of all the conditions agreed. Sinverb will publish the Brief on the Website, without delay and according to the agreed terms, with the condition that the amount of money agreed as prize for the awards to be distributed to the winners at the end of the Contest has been previously paid (read following, Art. 7).
2.6. After the conclusion of the agreement the Website will save the Contest Contract on its server, and the Customer will be entitled to access them at any time by selecting the [Terms and Conditions] link, always visible in the Contest page.
2.7. The procedure of creation and launch of a Contest shall not exceed the length of four weeks starting from the day in which the Customer received the information on costs and conditions sent from the Website and referred to in previous paragraph [2.3.1].
2.8. The security of the account and of the password chosen for the log in is entrusted exclusively to the Customer, who will be the sole responsible for the activity carried out through the account. The Customer may at any time retrieve credentials through the specific procedure [Forgot password] displayed in the “Log In” panel.
3.1. Only registered Users who are over 18 years old are allowed to participate in Contests. Once accepted tha Adhesion to the Contest Agreement the Users will be entitled to upload projects that comply with the formats expressly required in the Brief and in the relevant regulation.
3.2. Partners or employees of Sinverb and partners or employees of the Customer, or their professional advisors or consultants, agents or immediate family of Sinverb’s and the Customer’s shareholders cannot participate in the Contest.
3.3. The participation in Contests is open to legal entities, acting through the representation of individuals who must declare to act in the name and on behalf of the represented company and to be in possession of the requirements of paragraph 3.1., as well as to have the power to bind himself and that represented party in the Contest Agreement.
3.4. Users can participate in the Contest even as a Team. In that case the contact person will be the holder of the email address used for the registration of the team. Such individual must declare to act in the name and on behalf of the Team and to be in possession of the requirements of paragraph 3.1., as well as to have the power to bind himself and that represented party in the Contest Agreement. Likewise, in case of award in favour of the team, the relevant payment will be disposed in favour of the owner of the email address used for the registration of the team.
3.5. Users’ participation in a Contest is free. For the avoidance of doubt it is clarified that it is not recognized any compensation for the activities necessary to the formulation of the Contest proposal.
4.1. Sinverb is committed to conducting its business with the utmost professionalism, responsibility and competence, as well as to execute all agreements with Users and Customers with the utmost good faith.
4.2. With regard to every Contests, Sinverb’s activity consists in making available a widespread web platform, highly visible on the net, able to allow the Contest to achieve maximum online visibility. Sinverb’s activity consists also in designing, planning and managing the development of the Contest, and in taking care of the technical and organizational aspects. Sinverb therefore will do its best in order to maintain the Website in a state of maximum efficiency, ensuring the best technical, organizational and aesthetic details and fostering the best fruition of the Website both for Costumer and Users, with the possible limits constituted by its technical skills and its own economic capacities.
4.3. Given that, as will be seen below (read section 8.5.), the Users participating in the Contest are required to ensure the full authorship of all rights connected to the uploaded projects, the absence of any kind of rights of third parties on the projects, as well as the possession of the permissions eventually required to dispose of them, Sinverb reserves the right to report to the Customer possible violations of third parties’ rights perpetrated by the Users, and also reserves to independently take action against the same, such as excluding the User from the Contest. We remind that Sinverb is not required to make any preventive control on the uploaded materials and their potential or actual harmfulness of third party rights, therefore Sinverb expressly reserves the right to take the measures described above only if it becomes aware of such violations, but it shall not be considered in any way obliged to make specific investigations or inquiries, nor bound to discover any violations.
4.4. Sinverb warrants that all Users participating in the Contest are registered in the Website and have accepted the terms of participation in the Contest, prepared in full respect of the Contest Agreement agreed between Sinverb and the Customer.
4.5. Once selected the winning projects, Sinverb is committed to make an additional check on the authors of the same, who will be required to send a copy of their identity document, which will be made available to the Customer, which has to be considered a binding condition in order to receive the price. If the result of said check reveals that the winner does not possess the already mentioned participation requirements, Sinverb shall give prompt notice to the Customer, and in any case reserves the right to exclude that person from the Contest and from the relevant award.
4.6. In case a winning project contains a confirmed or even very probable violation of rights of third parties, given that Sinverb can, as mentioned, remove it from the Contest, the Customer shall independently decide the actions to be taken against the User who has been responsible of the violation, being understood that Sinverb could not be held responsible for it.
4.7. Sinverb is committed to implement all the activities necessary to the proper execution of the Contest Agreement, under the terms specifically agreed with the Customer.
4.8. In order to create a more effective promotion of the Contest, Sinverb gives the chance to connect its Website and the personal profiles active on the same with other websites and/or social networks (which currently are Google+, Facebook, Twitter, Linkedin), providing the option for any Customer or registered User to share the page of the Contest. However, Sinverb reserves the right to extend this possibility to other websites, as well as to stop it with regard to some or to all of those listed above, in its sole discretion.
4.9. Upon specific request of the Customer Sinverb will make available a non-disclosure agreement, to to be signed by each User when joining the Contest, so that the project connected to the organisation of the competition could be as much as possible protected. By selecting this function the Brief and all information relating to the Contest will not be made visible to the User before he hasn’t accepted the non-disclosure agreement. The agreement is drafted by Sinverb and its content shall not be negotiable.
5.1. The Customer, even if he is not a Professional, is committed to conducting its business with the utmost professionalism, responsibility and competence, as well as to perform all the agreements made with Sinverb and with Users with the utmost good faith.
5.2. The Customer undertakes not to use other websites or other communication channels that can somehow provide services similar to those provided by Sinverb in order to create Contest similar or that can anyway be confused with those already launched by the same Customer through the Website in the same time.
5.3. Except for what provided in previous paragraph 1.3., the Customer will have to manage the Contest through the Website and agrees to avoid direct contact with Users, or, in any case, to bypass in any way or circumstance the mediation of the Website. When relating with the Website, the Customer will try to appoint a single person to be designated as a contact person for each Contest.
5.4. The Customer authorizes Sinverb to use its name or business name and its logo, in the page dedicated to the Contest and in the pages of the Website, with the aim of making visible to Visitors the identity of Customers who have enjoyed or are enjoying the services offered by Sinverb. The Customer also authorizes Sinverb to show trademarks, business name, name and anything else pertaining to the project promoted through the Contest, and commits itself to provide the necessary materials in order to carry out the most effective promotion of the Contest within the Website.
5.5. The Customer warrants in any case to be the full and legitimate owner of all materials supplied, made available or uploaded on the Website, as well as to be in possession of all the necessary permissions for their use, taking full responsibility for any infringement of third party rights related to any use of such materials. In such a case the Customer will indemnify Sinverb from any detreiment that may suffer because of this. Similarly, the Customer represents and warrants that the Contest launched does not violate the rights of third parties in any way.
5.6. The Customer is authorized to use Sinverb trademark and is committed to do it with the explicit limit constituted by the promotion of the Contest; the Customer is also obliged not to adopt similar trademarks or somehow confusing with the ones property of Sinverb. The same applies to all the information that Sinverb provides to the Customer during the Contest, to be intended as provided for the sole purpose of better organising the Contest itself, then used in compliance with what is expressly authorized or contemplated in the Shared Offer.
5.7. The Customer provides Sinverb information and materials of various kinds and, with the acceptance of these conditions and during the Contest authorizes Sinverb to show them, use them and spread them on the Website in order to promote and facilitate the best result for the same Contest. Such authorization must be understood as also given to Users to the extent that these will be allowed to use such information and/or materials for the sole purpose of creating the project to submit to the Contest. This right, extended to both Sinverb and the Users, must be considered strictly limited for use to the organisation (the first) and participation in (the latter) the Contest, since any use of materials and information that is not connected to the same shall be deemed as strictly prohibited.
5.8. The Customer undertakes to respect carefully the terms and conditions of this Agreement, and also undertakes to indemnify Sinverb and also each User that would be directly damaged by any detriment suffered as a result of the infringement of the Customer.
6.1. The Contest is conceived by the Customer which exploits Sinverb in order to create and manage it. Except for this, all decisions regarding the project activity and the concrete methods of execution (such as for example the duration of the Contest, any specific requirements for participation, the evaluation criteria of the projects participants, how to choose the winners and, in case, the possibility of extending the right to vote also to the community of the Website) shall be decided by the Customer, who will explain them in a clear and unequivocal way, regardless of any observations of the Website.
6.2. The Customer will then be obliged to establish a practical, clear and complete regulation in order to minimize the risk of malfunctions and subsequent complaints, for which it assumes in any case any liability.
6.3. The Customer retains the right to change, during the Contest, the technical and planning features required and, in general, the provisions contained in the Shared Offer. The proposal ofmodifying coming form the Cutomer shall in any case be examined by Sinverb, which reserves the right not to admit the proposed amendment if considered too invasive, or if it’s likely to frustrate the work until then done by all participants in the Contest. Any consequences arising from changes of the design applications must be borne solely and entirely by the Customer who ordered them, even if Sinverb accepted them.
6.5. The prizes to the winners or, if provided, even to otehr participants of the Contest shall be awarded with the times and the procedures agreed with the Contest Agreement and explained in the Brief. Website and Customer have the highest discretion on this.
6.6. The Contest shall be considered concluded when the winning User or Users received the relevant communication at their Snverb account. From that moment starts to run the terms for any payment and for the exercise of any right under the Contest Agreement (such as the right of option, which, if of interest, can be guaranteed to the Customer as a result of negotiations with Sinverb).
7.1. Notwithstanding the right of the Customer to organize the Contest as much as possible based on its preferences, Sinverb claims, however, that his remuneration, which will be paid by the Customer, has to be agreed in the Contest Agreement and paid no later than thirty days from its conclusion. In case of missed payment within the aforesaid term, Sinverb reserves the right not to launch or to terminate the Contest, being any responsibility to borne exclusively by the Customer. The failure of payment of the compensation constitutes a case of possible early termination of the Contest Agreement, as set forth in paragraph 10 (iv). Such compensation will also include the costs sustained by Sinverb during the execution of the service, and will be detailed with the necessary precision in the Shared Offer.
7.2. In addition to the compensation referred to in paragraph 7.1. Customer shall pay to Sinverb also the prize agrees for the Users who will win and/or participate in the Contest. The prize shall be paid to Sinverb immediately at the conclusion of the Contest Agreement, with no possibility of extension, because otherwise Sinverb will have the right not to launch the Contest.
7.3. Given that the applicable law is the Italian law and Sinverb is an Italian company, the Customer should consider that to the payments in favour of Sinverb and Users– which will be always identified and calculated in Euros - will apply Italian tax laws, in addition to those from time to time applicable because of the residence of the person each time involved (User and/or Customer), with all the relevant consequences.
7.4. The amounts to be paid to Sinverb for its performance will be identified in an amount that shall be paid to Sinverb net of any tax due to the Italian law and/or due to the law from time to time eventually applicable (depending on country of residence of the Customer). Every tax burden shall be added to the net amount agreed and paid to Sinverb.
7.5. The amounts defined as prizes for the winners and/or participants in the Contest shall be paid to Sinverb net of any tax resulting from the applicability of the Italian legislation and/or the one in force in the country of residence of the Customer, in order to allow Sinverb. The same amount will be paid to the entitled beneficiary before-tax legislation applicable in each case (therefore the Italian and/or the one of the country of residence of the beneficiary). This means that the amount agreed for the prize paid from the Customer to Sinverb will be likely superior then the final amount earned by the beneficiary, being clear that all the fiscal burdens shall be charged on the same amount of money given as a price.
7.6. In all cases, payments in favour of the winners will be made directly by Sinverb, which, for that purpose, shawill have previously received the necessary funding from the Customer. Any payment made by the Customer directly to the User to continue their relationship will be regarded as a breach of the Contest Agreement with Sinverb, with all the possible consequences, also for eventual damages suffered.
7.7. Sinverb and the Customer may also decide that the prize for winning and/or participating to the Contest will be awarded through the payment of royalties. In this case Sinverb and the Customer undertake to precisely identify the criteria for calculating them, provided that in practice the calculation will be done by Sinverb using the prospectus drawn up by the ADI (Industrial Design Association), and will be invoiced to the Customer at predetermined intervals. In this case, the payment of royalties to Sinverb, which agrees to pay them back without delay to the entitled person, must be made no later than 30 working days from the issuance of each invoice, since otherwise Sinverb would not be able to pay the beneficiary, with all the possible consequences, not least in terms of liability and compensation. Again, the amount agreed for the royalties shall be paid by the Customer to Sinverb net of any tax, and will be directed by Sinverb to the User gross of any tax implications.
8.1. All the materials uploaded by the Users on the Contest dedicated page will be subject to all the specific limitations eventually agreed in detail between Sinverb and the Customer at the time of sharing the Offer, and later accepted unconditionally by the User at the time of joining the Contest.
8.2. The Customer will then be sole responsible for the configuration chosen with regard to the exploitation of rights on the participating projects (who have won or not), and their disclosure regime, during the Contest as well as once the same is completed. It will be Customer’s burden to evaluate the characteristics and consequences connected to the combination of exploitation of the rights each time chosen, but Sinverb shall in no way be held liable for inaccurate or illegitimate exercise of these rights, or for the possible lack of proper reciprocal understanding of the extent of the acquired rights.
8.3. Sinverb reserves for itself a free six-month option right for the acquisition of the exploitation rights on all projects uploaded on the occasion of each Contest. Sinverb’s right is anyway dependent from the prior exercise by the Customer of the right to ensure to itself the same rights on the projects submitted to the Contest. Therefore, projects that after the Contest will result to be subject to the rights of the Customer (which, for example, bought some of the participating projects, which has exercised the option on a project or at least secured the rights on it) cannot be object of Sinverb’s option right. Similarly, if by signing the Contest Agreement the Customer has secured itself an option on some or all projects uploaded, the option reserved for Sinverb will become effective once the exercise of the same right by the Customer has expired, while for projects not subject to the explicit option of the Customer, the term of the right held by Sinverb will begin immediately after the conclusion of the Contest. All terms begin after the conclusion of the Contest, as better stated in paragraph n. 6.6..
8.4. Copyright, intellectual and industrial property laws protect all materials and information uploaded on the Website by Sinverb or by the Customer. Except as may be otherwise provided, the ownership of such materials remains of the person who uploaded them, as well as the rights to the same connected. The Parties undertake to cooperate so that the owner of the infringed right can be promptly noticed of any violation of those rights. All rights related to the materials or projects uploaded by the Users during a Contest remain of their exclusive ownership, unless differently agreed between Wbsite and Customer by concluding the Contest Agreement. The discipline of the se rights shall be unconditionally accepted by each User by the signing of the Adhesion to the Contest Agreement.
8.5. If during the contractual relationship between the Customer and Sinverb occurs an exchange of confidential information, these will be marked and labelled as such, and in this case the receiving party will do everything in its power to maintain the confidentiality of such information, undertaking to treat them as if they were its own confidential information.
8.6. The Customer adheres to the [Privacy and Cookies] conditions prepared by Sinverb, which remains owner and responsible for the collection of the personal data during the Contest. The Customer is anyway responsible for the collection and use of the personal data he will have the occasion to dispose of because of the Contest. In this case the Customer is committed to use those in accordance with the provisions of the [Privacy and Cookies] policy, and is obliged also to prevent its use for purposes different than those provided there, or for promotional or marketing purposes.
9.1. Even if the Contest has to be considered finished when, elected the winner project/s, the relevant notice is received at the account of the winner User/s (see Par. 6.6.), the reciprocal obligations under the various Contest’s contractual relationships may continue even after the conclusion of the competition. Specifically, the User will have to be available in order to send to the Customer, upon request, projects and materials deemed as necessary in order to take advantage of the winning project.
9.2. Except for what provided in the next section, once the Contest Agreement is concluded, Customer and Sinverb do not have a free right to withdraw from it, with the result that in case of unjustified withdrawal by one of these parties, the same shall be obligated to indemnify the other party and, possibly, also the Users participating in the Contest, for any injury caused.
9.3. Only the Consumer Customer is entitled to withdraw from the Contest Agreement within 14 days after its conclusion (see. Par. 2.4. and 2.5.), without charge or penalty and without the obligation to provide a explanation.
9.4. The withdrawal will be effective after Sinverb receives communication of the same in its email account, and Sinverb undertakes to confirm the consequent termination of the contractual relationship by giving notice to the Consumer Customer by sending him an email at his address.
9.5. In respect of consumer rules, the Website also gives Consumers Users the right to withdraw the participation in the Contest within 14 days after the joined in. In this case, no responsibility can be attributed in any way to the Consumer User who exercised his right, nor to Sinverb.
9.6. Except for the case referred to in the previous paragraph, it may be that during the Contest a User cancels his profile from the Website. This will not have any effect with respect to the project participating in the Contest, which will remain in the competition. In case of victory of the project submitted by a cancelled User, the Website is committed to do all in his power to restore relations with that User, and to make sure that he is informed of the awarding of the prize and subsequent obligations due to participating in the Contest. In any case, notwithstanding the possibility not to award the prize to the User who has not carried out the inspection referred to in paragraph no. 4.5., any detriment caused to the Customer by the breach of the obligations arising from participation in the Contest by the User, shall be borne solely by the same User, having the Customer the right to exercise any action directly against the User, absent any responsibility on Sinverb, as better described in previous par. 1.3..
Except for the right for compensation for any greater damage, Sinverb may terminate the Contest Agreement, with immediate effect and without notice in the following cases of particularly serious breach of contract:
(i) the Customer has violated any provision under these conditions;
(ii) it came to light that the Customer is in any way responsible for the violation of the copyright of third parties, or that he has illegitimately used materials any how infringing third parties’ copyrights, intellectual or industrial property rights;
(iii) It was found that the Customer has already launched a similar contest on another website;
(iv) Customer has not paid to Sinverb the money amounts agreed as prizes for the participants in the Contest and as payments for the activity carried out by Sinverb within the period referred to in Article 7, although at least one written solicitation.
After the termination of the Contract Agreement, for any reason except for the possibility of withdrawal of the Consumer Customer within 14 days from its conclusion, in which case the Contest Agreement has to be considered as if it has never been signed, it produces the effects listed below:
(i) the parties undertake to cooperate in order to promote an ordered cessation of mutual relatiships;
(ii) the parties agree to return materials and information exchanged in during the force of the contract, pledging not to use them any longer;
(iii) neither party will be required to fulfil the contract, except as specified below;
(iv) the conducts carried out during the effectiveness of the contract may continue to be effective even after its termination, and the author shall be any way held liable for these;
(v) the Customer loses all economic rights of exploitation or use for any purpose (even if not commercial) on the uploaded projects, but it will be obliged to indemnify any damage suffered by the User, being understood that Sinverb shall not be held liable towards the User. In any case, the Customer agrees to indemnify Sinverb from any damage suffered because of the loss of the effects of the Contest Agreement caused by the Customers breach of contract (and its consequent early termination);
(vi) the obligations of confidentiality or of non disclosure of private information shall keep their effectiveness between Sinverb and the Customers and Users, as well as the obligations of respecting copyright, intellectual and industrial property rights, reciprocal and of third parties. Any consequence of the breach of such obligations shall be borne exclusively by the relevant author;
(vii) Sinverb retains the right to exploit the Customer’s trademarks and/or logos for the sole purpose referred to in paragraph 5.4.;
- In the event that the project/s selected as winners would turn out to violate third parties’ rights, being than impossible for the Customer to keep on exploiting the selected materials, the following par. 12.7. shall apply, the Contest Agreement will remain in force and the Customer shall identify a new winner, not before having provided Sinverb with the the funding needed to remunerate the new winner, in the measure agreed in the Shared Offer. Being clear that in such a case Sinverb will be disposable for any cooperation, the Customer shall decide how to behave and what kind of action (even legal) exercise towards the author of the violation, reminded the absence of any liability of Sinverb.
- The rules set out in this document and related to the various cases of termination for breach of contract, apply to all the violations of the mutual relationships between Customer and Sinverb as a part of the more complex organization of the Contest Agreement, with the result that the early termination of this contract (meant as this document) involves the resolution of the entire contractual scheme (composed by these conditions, the Shared Offer and the Brief).
12.1. Sinverb provides its services "as is", so as they are and as they are available at the time of their use by the User or the Customer, to the maximum extent permitted by applicable law: Sinverb does not assume any liability whatsoever for the use, accuracy, completeness, reliability of the services, as well as for their update or appreciation level. Sinverb does not guarantee the availability of the services, nor that the same will be provided without any interruption, on time, safely and/or with no mistakes, nor that any possible error will be corrected. It is also excluded any warranty of merchantability, fitness for any particular purpose, or quality of the Website and of the services offered on or in connection with the same; in addition, Sinverb does not guarantee that the Webite is free of viruses or other harmful components, or assume liability for: (a) any registration or submission of Projects delayed, not received, confused, distorted or damaged; (b) any malfunction or damage of hardware, software, network, internet or any other malfunction or failure that can affect your computer or the communication networks; (c) any destruction, damage or loss of material caused by events beyond the control of Sinverb; (d) any printing or typographical error on the shared materials or any how associated with the Contest; (e) any fraudulent breach of security or of privacy of the loaded content; (f) the absence of other contests launched by other Customers, being clear that tha launch of Contest has to be considered as merely possible and any way dependent on the full discretion of third parties different Sinverb.
12.2. In no case Sinverb shall be held liable for any direct, indirect, consequential damage or any harm suffered by the Customer and occasioned by the use of the Website. Anyway the Sinverb’s liability for possible detriments caused to the Customer by or on the occasion of using the Website may not be greater than the amount received as compensation for the provided services. The limitation and exclusions described in this paragraph shall operate to the fullest extent of each jurisdiction from time to time applicable.
12.3. Sinverb shall in no way be held responsible for any feature of the Website that fails to be appreciated by the Customer, or that does not comply with his expectations. For this purpose the Customer, by accepting these conditions, claims to have already visited the Website, to know its characteristics and to adhere to the Contest Agreement because it’s interested in the offer proposed by Sinverb.
12.4. Sinverb cannot in any way be held responsible for the failure to find any violations committed by Users to third-party rights, and the User is the sole responsible for any detriment caused to anyone by using the projects which directly or indirectly violate the rights of third parties.
12.5. Specifically, at the time to join a Contest every User guarantees that the uploaded materials do not implicate violations of rights of third parties, especially of copyright, industrial or intellectual property rights. Users declare and warrant, under their own personal and exclusive responsibility, to be the sole and exclusive owner of the copyright of materials uploaded on the Website, and that these have not been previously published or used by third parties, or in any case to be in possession of all the necessary permissions to use them and to grant them licenses under the terms specified below. The User also guarantees the authenticity of the work, if covered by copyright, and the full authorship of the same, guaranteeing about the absence of any possible conflict with third parties. The User agrees to indemnify Sinverb for any possible damage, including legal fees, arising out of disputes or litigation arising from the events referred to in this paragraph.
12.6. Except as otherwise provided the Customer waives to pretend from Sinverb any warranty related to possible errors, defects, irregularities, violations or failures of any kind regarding the materials uploaded to the Website, including projects participating in the Contest.
12.7. By providing a service to both User and Customer, Sinverb agrees to lavish every effort to ensure that Users respect the agreements accepted by participating in a Contest (and vice versa). Sinverb does not assume any obligation of result and is expressly relieved from any indemnity obligation provided in art. 1381 of the Italian Civil Code for the event of failure by the User to perform its obligations, both in the course of the Contest, as well as after the award. In case a User does not respect his obligation, the Customer renounces from now to take any action against Sinverb and retains the right to act directly against the User who responsible for the breach of contract.
13.1. Parties shall not be held liable for any breach of any of the obligations herein, if such failure is caused by natural disasters, riots, strikes, fires or by any other unforeseeable event outside the control possibilities of the affected Party.
13.2. Should a case of force majeure occur, the Party whose performance has been delayed or made impossible by the occurrence of such event shall immediately inform the other Party, trying to adopt solutions to prevent, or at least limit, the consequences of this case of force majeure.
13.3. Should the force majeure event continue for a period of 3 (three) months, each Party shall be entitled to terminate this Contract.
14.1. Any communication between Sinverb and The Customer shall be made in writing to:
If directed to the Customer by sending him an email at his address or by delivering the communication directly at his account.
14.2. All communications under the Contest Agreement shall be deemed as received and known at the time in which they will made available to the recipient and will be conducted in English only.
15.3. Any tolerance by Sinverb and/or any failure to object to facts likely to constitute a Customer’s breach of contracts, shall in no way be interpreted as a waiver to the relevant right, which will remain intact and can be enforced at any time in accordance with law and this contract.
15.4. The publication of Contest announcements, wholly dependent on the full discretion of each Customer, must be considered merely eventual and may not in any way be regarded as an obligation for Sinverb.
15.5. The Customer authorizes Sinverb to use external collaborators in order to carry out the maintenance or the improvement activities of the online platform.
15.6. Failure to discipline some specific aspect inherent the Contest Agreement, implicates the obligation of the parties to act in good faith, and to agree to the signing of a supplementary agreement, if deemed as necessary.
16.1. This Contract is written in English and Italian and can be subscribed in one of the two languages, at the discretion of the Customer; in the event that may arise differences in interpretation, the English text shall prevail and shall be considered the only authentic text.
16.2. The Contract is governed by Italian law, therefore all the rights and obligations hereunder, are regulated and must be interpreted according to the laws of the Italian Republic.
16.3. Anyone responsible for violations of this contractual regulation may be subject to all the penalties and consequences provided by the Italian law.
17.1. In case of dispute arising between the parties as a result and/or related to the interpretation, performance, breach or termination of this Agreement the parties, if it was not possible to reach an amicable settlement of the dispute, conventionally choose the jurisdiction of the Italian judge.
17.2. Each legal dispute shall exclusively settled by the Court of Bologna, in Italy - where the proceedings shall take place in Italian - being excluded any exception to the above stated local jurisdiction, except for the protections provided for the possibility that the Customer is a Consumer, as defined in the definitions.
I confirm to have read this Agreement and to agree to all its conditions.
The Customer declares and confirms to accept the clauses of Articles 1 (Introduction and Scope of Application), 4 (Sinverb Activities, Obligations and Guarantees), 5 (Customer Guarantees and Obligations), 8 (Property and Use of the Materials), 9 (Withdrawal and Cancellation of the Profile by the User), 10 (Early Termination), 11 (Effects of Early Termination), 12 (Limitations of Liability), 16 (Applicable Law and Authentic Text), 17 (Jurisdiction).
- Contest Agreement: agreement which rules each Contest, composed by the present conditions, the Brief and the Shared Offer, collectively considered.
This document sets out the Privacy and Cookies policy applied by Sinverb s.r.l. through its website www.sinverb.com (hereinafter the Website). Sinverb understands and recognizes the importance of the privacy of Visitors of the Website and to these to carefully read the following Policy in order to understand how personal data are collected and processed during the execution of the services offered. Th1is Policy is meant to explain how Sinverb treats personally identifying, potentially personally identifying and non-personally identifying information. By accessing and using the services provided by Sinverb through the Website, the Visitors agree to the following policy on privacy and cookies.
Sinverb is an Italian company and Users are guaranteed of the full respect of the Italian laws about privacy and personal data, regulated by D. Lgs. no. 196/2003.
Personal data are collected and processed by Sinverb exclusively for purposes related to its activities and services, and possibly for commercial purposes, connected or aimed at the reaching of its activities’ targets. In particular personal data are collected in order to:
a) enable the registration and identification of the Users;
b) verify the identity of the participants and winners of the Contest;
c) allow the payment to the persons entitled of prizes won by participation in the Contests;
d) provide various services offered by the Website, including those of Customer care;
e) provide services that are accessible only through the restricted areas;
f) comply legal obligations (both national and European), and provisions issued by the authorities;
g) pursue purposes not necessarily predetermined or, in general, always closely related to the activity of Sinverb, for which each User is free from time to time to give or refuse consent to treatment. This type of activity includes (this list is not exhaustive): sending advertising materials, news, promotions, aggregating data for statistical purposes, crossing data to create profiles of users or consumers.
The owner of the data is Sinverb S.r.l., with registered office in Bologna, via San Donato n. 82, Italy. The data are stored in data centers owned by Digital Ocean, 101 Avenue of the Americas, 10th Floor, New York, NY 10013. The processing of the data is carried out through information communication technologies and is a process consists in gathering information and in its storage in a database, with organizational methods and logics strictly related to the purposes indicated. As for the above treatments, we inform Visitors that at any time they can exercise the rights under Art. 7 of D. Lgs. no. 196 of 30.06.2003. For that purpose, interested parties can contact us any time. We recommend you contact us by e-mail at firstname.lastname@example.org.
Sinverb will not reveal any personal data provided by the User when creating an account on the Website, nor at a later time, unless this is required by law or in the specific circumstances referred to in Article 4. Sinverb collects personally identifying, such as email address or the username, as well as other potentially personally identifying information for the sole purpose of providing its services efficiently. Some personal data must be compulsorily provided to allow Sinverb to carry out the activities referred to in paragraph 1, letters a) to e) (included). Sinverb clearly indicates the fields relevant to such information. Each User always maintains the option not to provide the requested information, with the eventual drawback of not being able to access and use part of the services offered. In the event that the refusal to provide personal data impedes the Website to perform the services offered at all, Sinverb and the User who has refused to provide those will not be bound by any valid contract. Be aware that some of the information that you are required to provide, such as your biography or your contacts, once posted on your personal profile will be visible to other registered Users and Visitors as well. Once each personal account has benne created each User can decide what information make visible by selecting "Edit My Profile", keeping, so far as possible, the right to modify this information in the "Account Settings" under "Profile Information ". Sinverb gives each User the possibility to choose the level of visibility of the profile he deems as most appropriate. It is therefore understood that the disclosure regime of materials uploaded and of the personal information made visible through the Website is freely chosen by its owner, who will then assume all the consequences related thereto. When creating the profile Sinverb assigns each User an account, the access to which shall be conditioned by the insertion of personal and secret credentials, unknown to the Website, with the result that each user will be the sole responsible for the security of his personal account.
Sinverb may collect non-personal identifying information, such as the IP address or the date and time each Visitor visited the Website. Sinverb collects this type of data in order to have a better understanding of the use of Websites by Visitors, as well as to provide Users and, in general, Visitors, a better service. Sinverb does not disclose any data non-personally identifying information, although it maintains the right to disclose any of these information with the form of aggregate data, also for statistical purposes.
Sinverb undertakes to adopt all necessary measures, consistent with the purposes of the treatment carried out, in order to minimize the risks related to unauthorized access, disclosure, use, alteration, destruction, loss - even accidental - of personal data, or in case of their unauthorized and inconsistent use with regard to the purposes stated above. Sinverb does not disclose, rent or sell any personal data received. Sinverb cannot be held responsible for any illegal or fraudulent violation of these measures carried out by third parties.
In order to fulfill the contractual obligations arising from the offered services, in some circumstances Sinverb may need to disclose personally identifying information to those authorized employees, consultants and contractors, who committed themselves not to disclose them to third parties and to cooperate with Sinverb in the activities listed below without limitation:
- management of Users’ and Customers’ files;
- relations with Users and Customers;
- mailing and hosting services providers;
- banks that manage the collection of money and payments;
- financial administrations and other institutions that carry out the fulfillment of legal obligations;
- consulting companies and law firms which carry out the protection of rights inherent to contractual relationships;
- professionals who work with Sinverb and of course meet the administrative and accounting requirements;
- postal services;
- companies affiliated to Sinverb (also part of the same holding company, if this will be established), or firms granted by Sinverb of a mandate to develop the purposes related to those now carried out by Sinverb, such as market analysis, business statistics or marketing and communication. It is possible that these companies collect these data in order to create general statistical reports useful to companies who use the service. In that case such information will be gathered collectively, without giving any information able to identify individual Users;
Cookies are small text strings that websites send to the visiting Users’ terminal (usually to the browser), where these are stored before being re-transmitted to the same websites at the next visit. While visiting a website, Users may receive on their browsers also cookies sent by other websites or servers (so-called "third parties"), on which there may reside some elements (such as, for example, images, maps, sounds, links to specific pages in other domains) that therefore may be displayed on the website visited in that moment.
Sinverb informs the Visitors to use so-called technical cookies in order to manage data communication network to the extent strictly necessary to provide its services. This type of cookies allow the Website to collect data concerning the way Visitors use the Website, including the content that they click while browsing, as well as to improve the performance and design of the Website. Technical (or analytical) cookies can be forwarded to our analytical tools supplier.
Sinverb has no control over the process used by social networks or by other third-party sites in order to collect information about your navigation on the Website, nor about the information linked to personal data which said third party sites could obtain. We invite you to consult the privacy policies of these websites in order to know their purpose of use of the data they gather, that may include advertising. We do not even know what navigation information these third parties websites can collect through their application buttons. In case of need or doubt, we invite you to contact the relative provider.
The presence of plugins involves the transmission of cookies to and from all the websites operated by third parties. The management of the information collected by "third parties" shall be governed by their own policies about privacy and cookies that we invite you to consult. To ensure greater transparency, please find the web addresses of the websites we offer connection with, where information and ways to manage cookies are explained:
Facebook information: https://www.facebook.com/help/cookies/
Facebook (configuration): access your account. Section privacy.
Twitter information: https://support.twitter.com/articles/20170514
Twitter (configuration): https://twitter.com/settings/security
Linkedin information: https://www.linkedin.com/legal/cookie-policy
Linkedin (configuration): https://www.linkedin.com/settings/
Google+ information: http://www.google.it/intl/it/policies/technologies/cookies/
Sinverb disclaims any liability about the use of such data by third parties if non complying with current and applicable laws. Sinverb gives visitors the chance to impede the Website the chance to use profiling and third parties cookies.
By entering the websites indicated at the links listed below Visitors may block the forwarding of cookies, by modifying the setting options of each browser:
Internet Explorer: http://windows.microsoft.com/it-it/internet-explorer/delete-manage-cookies#ie=ie-11
Google Chrome: https://support.google.com/accounts/answer/61416?hl=it
Apple Safari: http://support.apple.com/kb/HT1677?viewlocale=it_IT
Sinverb will never reveal any email address collected during the registration process. Sinverb may, however, use those email addresses to communicate with you, and to keep you updated on news and major events held on or through the Website. Sinverb can also use the email to report activities which believes that you might be interested in (for example when a user sends a private message to another user). In the event that the User does not wish to receive emails from Sinverb or to decide which type of notifications to receive via email, User can change preferences in the "Account Settings" under "Notifications". Please note that User will continue to receive all the system’s emails (for example, those regarding forgotten username or password) and legal notices (such as those related to updates of our policies, if notified by email), as well as communications related to any abuse or those concerning the participation in a Contest.
Siverb always allows Users to change the personal identification data provided. These changes can be easily made by visiting the "Account Settings". If the User chooses to block his account all contents uploaded therein, including all published materials and personal identifying information, will be hidden and will not be visible until the User unlocks the account. In case the User decides instead to deactivate/delete his account all contents uploaded therein, including all published materials and personal identifying information, will be removed from the server Sinverb, but will remain on his backups, not accessible to the public, for a maximum period of three (3) months, except in cases in which the User is not simultaneously participating in a Contest, circumstance in which the contractual obligation which binds User, Sinverb and Customer imposes to make such a three months period start decurring not after the cancellation of the account, but after the definitive cessation of all contractual obligations arising during the Contest. It keeps application the Sinverb’s general rule thanks to which even in case of cancellation of an account the project or material uploaded on a Contest’s page (because partecipating in it) shall remain visible only on that page, as well as the general information about the User/author.
Sinverb may update this policy in the future. In that case the User will be notified by e-mail or through a notice on the Website. You acknowledge and agree that Sinverb reserves the right, in its sole discretion, to modify or replace this statement at any time. Continuing to use the Website after the receipt of the notice of the modification of this condition constitutes tacit acceptance of these changes.
Sinverb runs its business in good faith so, in case of errors, omissions or inaccuracies, Sinverb cannot be held responsible for these. By uploading works on the Website the User represents and warrants that the content does not violate the rights of privacy or any other rights of any other person or entity or violate any law or court order or government. The user acknowledges to be the sole responsible for the content of the uploaded materials, then it agrees to indemnify Sinverb or any third party by any possible damage caused by the uploading of unsuitable materials under the [General Rules of Use], which always apply. Any dispute arising from the application or interpretation of this information, as well as, more generally, any dispute arising between website visitors and Sinverb, will be governed by the laws of the Italian Republic and the parties mutually identify the local jurisdiction of the court of Bologna, Italy.
(Right of access to personal data and other rights)
1. The interested party has the right to obtain the confirmation or not of the personal data concerning him and their comunication in intelligible form, even though they are still not stored.
2. The intersted party has the right to obtain the information regarding:
a) the source of the personal data;
b) purposes and modalities of the treatment;
c) the procedure applied in case of data treatment is carried out with the help of electronic instruments;
d) the identification data of the holder and of the responsibles and appointed rapresentative (if there are any of the latter two);
e) subjects or category of subjects to whom the personal data can be communicated or who can be informed in quality of designated representative in the state territory, of responsibles or people in charge.
3. The intersted party has the right to obtain:
a) the updating, the rectification, or in case of interest the data integration;
b) the cancellation, the transformation in anonymous form or the block of the treated data which infringe the law, including those for which the storage, in relation to the purpose for which they have been collected or subsequently treated, is not necessary.
c) the certification that those acquainted with the data are informed with the operations indicated at points a) and b) including their content, except for the case in which this task fulfillment turns out to be impossible or requires an employment of means manifestly unproportionated compared to the protected right.
4. The concerned subject has the right to object partly or completely:
a) for legitimate reasons to the treatment of the personal data concerning himself, even if these are pertinent to the aim of the data collecting;
b) the treatment of the personal data concerning himself collected with the aim of sending marketing documents or direct sales material or for the accomplishment of market researches or marketing communication.