LEGAL TERMS
DEFINITIONS
MTV: means the Company MTV Italia S.r.l. (hereinafter, MTV), owner of the domain name www.qoob.tv an web-site “QOOB”;
Web-site: means the web-site at the URL address www.qoob.it;
Services: means the following services available on the Web-site
• recording
• internal messages
• chat
• newsletter
• competitions
• audio upload
• video upload
(severally the “Service”)
User/Users: means exclusively the persons who supply the Works and use the Web-site and Services. End User/End Users: means all the persons who have access to the Web-site and/or Services;
Content/Contents: includes, but is not limited to, audio and video material, videos, audio, literary works, graphic works (such as figurative art and architecture), photography and any other material which is on the Web-site.
Work/Works: includes, but is not limited to, audio and video material, videos, audio-visual, uploaded on the Web-site by the Users, throughout the up-loading Service, in accordance with limits and conditions hereinafter;
1. Condition of access and using purpose
1.1 The access to the Web-site is free. Such access is for information only. MTV holds the exclusive and unquestionable right to modify, all or part of, no prior notice required for, and at its own absolute discretion, content, images, terms and/or conditions of access to the Web-site. MTV can at any time and in any manner, intervene on the Web-site (included but not limited to: modifying Works, suspending the access, disconnecting any and all User and/or End User).
1.2 The Web-site is dedicated to the discovery and promotion of the Users’ Works. Furthermore, the Web-site will be directly accessible by Telecom Italia Media Broadcasting S.r.l. (hereinafter “TIMB”), assignee of the channel called, as of today, “QOOB” (hereinafter “Channel”) to the sole purpose of the direct selection – made by the same TIMB – of Works to be broadcasted on the Channel.
To this purpose the End Users may be registered with two different level of registration:
a) Livel I – registering of email address, username, and password to log-in the User in the chat, messaging, and comments services.
b) Livel II – inserting personal data (name, surname, address, date of birth, town, region, telephone number, email address) in order to enable the User to upload the Works on the Web-site, by using username and password as set forth at letter a) and pursuant to the term set forth at art. 11 herein below.
The password chosen by the End Users during the subscription to the Services and inserted in the proper registration form is private and cannot be transferred. The End Users and Users shall keep the password with the best diligence and confidential in order to prevent the use of the Services by unauthorized third parties. Their will be responsible for any use, made by authorized or unauthorized third parties, of the said identification as well as for any damage/nuisance to MTV and/or third parties depending on the infringement of the above.
1.3 The Web-site provides a newsletters service to which the User may be registered when subscribing as well as modifying the preferences in its personal page.
All the Services are available on the mobile phone.
1.4 Material and information provided by MTV are accessible for personal and not-commercial use only.
2. Intellectual Property
2.1 The reproduction of all or part of the Web-site and/or its Contents and/or Works, by any analogic or digital mean, is prohibited if no prior MTV’s written consent is acquired.
2.2 Any and all copyright and intellectual property rights in relation with the configuration, Web-site, Services and Contents, are reserved to MTV.
2.3 The Web-site and Services provided by MTV are accessible by the End User for private and personal use only.
2.4 Copyright, trademarks and other intellectual property related rights for the Web-site and Services information are and remain property of MTV and/or its licensor.
Any and all the right which is not expressly mentioned in this section 2 is reserved to MTV and/or its licensor.
2.5 “MTV: Music Television” and “QOOB trademarks are property of the company MTV Networks and exclusively licensed in the Italian territory to MTV All rights reserved.
2.6 The End-User acknowledges that the Services and Web-site contains confidential information and are protected by industrial and intellectual property laws.
The End user undertakes not to modify or dispose in any manner (for consideration or free of consideration) and not to distribute, disclose or create works based, totally or partially, on the Services or Web-site, Contents or Works and – if the User allow the download – not to merchandise Works or distribute if no prior MTV’s consent is acquired.
2.7 In any case it is agreed that the End User shall not (nor allows third party to do that) sub-license, lease, sell, distribute, disclose, transform even if in part, decode, decompile, disassembly, modify, translate the Web-site, make reverse engineering and in any case reproduce, copy, use or dispose of the Web-site or its part which is not expressly allowed by this document or law. Furthermore, the End User is not authorized to create derivative works, or to try to find out any source code, or to develop products or application softwares based on the Services or which make any use of the same.
3. End User’s Conduct
3.1 The use of the Web-site and Services is private and personal; therefore these shall not be used:
(a) for illegal purposes;
(b) to break off, harm, or make less efficient all or part of the Web-site and/or Services or to harm in any manner the functioning of Web-site and/or Services;
(c) in any manner which can harm other user’s computer or cause nuisance;
(d) to transmit, upload and publish on the Web-site any virus and other codes, files, or softwares created to break off, destroy or limit the functioning of software, hardware or telecommunication system of third parties;
(e) to transmit, upload or publish on the Web-site defamatory, offensive, racist, coarse, seditious, obscene or threatening, or however repressible for the moral standards;
(f) as mean to threaten, molest, pursue or insult third parties or to collect and keep third parties’ personal data;
(g) by infringing third parties’ right (included but not limited to copyright and confidential information);
(h) to transmit any material for mere advertising purposes, if no prior MTV’s written consent is acquired;
(i) to transmit, upload, publish, junkmail, spam, pyramid schemes or any other kind and form of unrequested message, on the Web-site or by other means.
3.2 MTV reserves the right to refuse, as for its own unquestionable opinion, the access to any publication or information, as well as to eventually change their allocation.
3.4 If the information, such as included in the subscription, is not true, exact, current or complete, or if MTV should have reason to consider such data as untrue, inexact, not current or incomplete, MTV is entitled to suspend or not to allow the End Users to accede to the Services’ areas which require a log-in.
3.5 In the event of breach by the End User, any tolerance of MTV does not imply acquiescence or waiver to make use of the rights set forth above or of other remedies provided by the Law.
4. Limitations of Liability
4.1. The End-User is totally liable for visiting the Web-site. MTV does not represent any warranty, such as express or implicit, in relation with the Web-site, Contents and Works, as well as Services, also on the ground of the integrity, accurateness and quality.
4.2 The End User of the Web-site acknowledges that:
(a) it is technically impossible to provide a Web-site with no defects, and that MTV does not undertakes such responsibility;
(b) the Web-site may be temporary inaccessible;
(c) the functioning of the Web-site may suffer because of performances and conditions outside MTV’s control;
(d) MTV is not responsible for the Content and Works as well as for the information and/or material supply throughout the Web-site and/or Services as well as for the topics and conducts of the End User during the visit of the Web-site;
(e) MTV does not exercise any control, such as prior or subsequent, on the topics introduced and/or treated by the End User, included but not limited to the topics treated in the Web-site’s areas reserved to the communications among the End-Users;
(f) MTV does not undertake any responsibility for the transmission of possible virus on the End-Users’ computers.
(g) saved for negligence or fraud of MTV, MTV is not liable for any damage due to the access of the End Users to the Web-site or to the published material.
(h) some Contents and/or Works may be inexact or errors;
(i) MTV does not undertake any responsibility for material and information included in the several areas of the Web-site reserved to the communications among the End User but it will denounce any possible infringement of law to the competent Authorities.
The Web-site and Services are addressed to a wide and heterogeneous public: therefore MTV invites parents to supervise minors and to establish which areas of the Web-site are appropriate for minors.
4.3 MTV is not responsible for any loss or possible damages due to your failure to comply with this terms and conditions, saved for the case that the said damages and losses are due to MTV’s negligence and fault.
4.4 In order to safeguard the functionalities of the Web-site, MTV may establish certain general procedures and limitations regarding the use of the Service, included the maximum period in which the messages or the material uploaded by Users can be published as well as the number of time the End Users can access to the Service in a certain period. MTV does not undertake any responsibility for the cancellation or the missed delivery of messages and other kind of communication and material, stored in or transmitted by the Web-site.
4.5 MTV is not responsible towards the End User for possible failure, lack or delay in the supply of Services on the Web-site, and in particular if
a) false or wrong data have been provided to use the same;
b) the user instruction have not been respected.
4.6 Except for the injuries caused by serious fault or negligence by MTV, MTV shall not be responsible for any damage and loss arising from or in any manner connected to the use and the functioning of the Web-site, included but not limited to, damages for loss of business opportunities, loss of income, interruption of the activity, loss of trade information, any other kind of loss of monies.
ART. 5 Warranties
5.1 The End User recognizes and expressly accepts that:
a) the Web-site and the Services are supplied "AS THEY ARE " and "AS AVAILABLE". It is expressly excluded any warranty from MTV, including for example any warranty regarding the marketability, suitability for special purposes or for quality of the Services.
b) MTV does not warrant (i) that the Website and the Services shall satisfy the needs of the End User (ii) that the Website and the Services shall be supplied without interruption, delay, in a secure way or without any error (iii) the expectation of the End User that the results of the Website shall be correct and reliable (iv) that the quality of the products, services, information or any other acquired or obtained material trough the Services and/or the software shall satisfy the needs of the End User (v) as well as possible errors in the supply of the Services are correct.
c) Any Content and/or Works downloaded or in any other way obtained on or throughout the Web-site or Services is obtained at the sole and exclusively discretion and at exclusively risk of the Users and the End Users are the only and exclusively responsible for any damages caused to their own personal computers or for the loss of data due to the downloading of the Contents and/or Works or to the use of the Website and the Services.
5.2 The End User represents and warrants to hold harmless MTV as well as its subsidiaries and affiliates, its representatives, employees, MTV assignees, from any liabilities, including legal expense, which can arise from the Contents and/or the Works, transmitted or sent by the Users, from the use of the Website or Services by the End Users, from the access to the Service by the End User, from the breach of the provisions which apply or in case of breach of third parties’ rights.
5.3 The End User represents and warrants that acknowledges MTV exercising a limited control regarding the nature and content of the information included in the area of the Website where End User can upload Contents and/or Works, as well as in the area of the Website and for the Services dedicated to the communication among End Users.
The End User agrees to reimburse third parties’ damages due to possible claims that third parties should bring against MTV and/or its assignees because of the use of the Site and/or Services.
6. Suspension. Termination
MTV reserves the right to suspend the access to the Web-site and Services, in case of breaches by the End User of the terms and conditions of this agreement.
The End User is entitled, at any time, to require MTV to unsubscribe to the Web-site and the Services, and to withdraw from this terms and conditions, by picking the relevant option in the Log-in section of the Web-site.
7. Competition
The participation to competitions will be regulated by specific terms and conditions. In case of lack of specific terms and conditions general terms and conditions applies.
8. Notice
Any notice to MTV shall be made in writing and shall be done by e-mail or by ordinary mail at the following address:
- MTV Italia S.r.l. – QOOB – Via Belli, 14 - 20127 Milano
- qoobhelp@mtvne.com
9. Mobile Phone Services offered by MTV
In case Works and/or Contents are uploaded on the Website by third and further generation mobile phones:
a. MTV shall not claim any rights from the User for this upload modality; and
b. All the eventual expenses owed to mobile phone operators shall be exclusively borne by the User.
10. Upload of Works
To upload Works it is required the acceptance of terms and conditions of the Upload section.
11. Other Web-sites
The Web-site may include links to other web-sites which are not controlled by MTV.
The End User acknowledges that this terms and conditions apply for the use of this sole Web-site and relevant Services; MTV is not responsible for the content of the other web-sites. Any link to other web-sites does not imply promotion of such web-sites and/or their contents, as well as the sharing of the values promoted therein.
12. Supplement and Amendment MTV reserves the right to periodically modify the Web-site, as well as to update this terms and conditions, by publishing on the Web-site the changes to bind End Users and Users.
The lack of acceptance of the supplement and/or amendment of this terms and conditions implies that the Service cannot be further used by the End Users.
13. Construction
Any provisions of these terms and conditions which excludes or limits the responsibility, must be separately construed: such provisions always apply and exists also in case any other provisions, for any reasons, should be considered not applicable or effective, having effect notwithstanding the failure in the observance of the terms of use of the Website.
14. Applicable Law and Jurisdiction
This terms and conditions are governed by the applicable Italian law; they will be construed in accordance with the same law.
Any possible disputes between MTV and the Users, such as persons acting for purposes not related to professional or business activities shall be submitted to the jurisdiction of the Court of the place indicated by the End User as its residence or domicile, if settled in Italy.
15. Privacy. Information
15.1. The User and the End User, willing to amend and/or cancel its personal data, to update or cancel its profile, shall click the link “updating the user profile”, on the home page of the Web-site and update the data according to their preferences.
15.2 It is possible to delete all the information in the TIMB’s Database and in the MTV Italia S.r.l.’s Database, by sending a specific request by e-mail to qoobhelp@mtvne.com, specifying name, e-mail address and telephone number.
15.3 The personal data provided by the User to MTV are protected pursuant to the provisions of Legislative Decree n. 196/2003 "Privacy Code” and subsequent amendments.
MTV: means the Company MTV Italia S.r.l. (hereinafter, MTV), owner of the domain name www.qoob.tv an web-site “QOOB”;
Web-site: means the web-site at the URL address www.qoob.it;
Services: means the following services available on the Web-site
• recording
• internal messages
• chat
• newsletter
• competitions
• audio upload
• video upload
(severally the “Service”)
User/Users: means exclusively the persons who supply the Works and use the Web-site and Services. End User/End Users: means all the persons who have access to the Web-site and/or Services;
Content/Contents: includes, but is not limited to, audio and video material, videos, audio, literary works, graphic works (such as figurative art and architecture), photography and any other material which is on the Web-site.
Work/Works: includes, but is not limited to, audio and video material, videos, audio-visual, uploaded on the Web-site by the Users, throughout the up-loading Service, in accordance with limits and conditions hereinafter;
1. Condition of access and using purpose
1.1 The access to the Web-site is free. Such access is for information only. MTV holds the exclusive and unquestionable right to modify, all or part of, no prior notice required for, and at its own absolute discretion, content, images, terms and/or conditions of access to the Web-site. MTV can at any time and in any manner, intervene on the Web-site (included but not limited to: modifying Works, suspending the access, disconnecting any and all User and/or End User).
1.2 The Web-site is dedicated to the discovery and promotion of the Users’ Works. Furthermore, the Web-site will be directly accessible by Telecom Italia Media Broadcasting S.r.l. (hereinafter “TIMB”), assignee of the channel called, as of today, “QOOB” (hereinafter “Channel”) to the sole purpose of the direct selection – made by the same TIMB – of Works to be broadcasted on the Channel.
To this purpose the End Users may be registered with two different level of registration:
a) Livel I – registering of email address, username, and password to log-in the User in the chat, messaging, and comments services.
b) Livel II – inserting personal data (name, surname, address, date of birth, town, region, telephone number, email address) in order to enable the User to upload the Works on the Web-site, by using username and password as set forth at letter a) and pursuant to the term set forth at art. 11 herein below.
The password chosen by the End Users during the subscription to the Services and inserted in the proper registration form is private and cannot be transferred. The End Users and Users shall keep the password with the best diligence and confidential in order to prevent the use of the Services by unauthorized third parties. Their will be responsible for any use, made by authorized or unauthorized third parties, of the said identification as well as for any damage/nuisance to MTV and/or third parties depending on the infringement of the above.
1.3 The Web-site provides a newsletters service to which the User may be registered when subscribing as well as modifying the preferences in its personal page.
All the Services are available on the mobile phone.
1.4 Material and information provided by MTV are accessible for personal and not-commercial use only.
2. Intellectual Property
2.1 The reproduction of all or part of the Web-site and/or its Contents and/or Works, by any analogic or digital mean, is prohibited if no prior MTV’s written consent is acquired.
2.2 Any and all copyright and intellectual property rights in relation with the configuration, Web-site, Services and Contents, are reserved to MTV.
2.3 The Web-site and Services provided by MTV are accessible by the End User for private and personal use only.
2.4 Copyright, trademarks and other intellectual property related rights for the Web-site and Services information are and remain property of MTV and/or its licensor.
Any and all the right which is not expressly mentioned in this section 2 is reserved to MTV and/or its licensor.
2.5 “MTV: Music Television” and “QOOB trademarks are property of the company MTV Networks and exclusively licensed in the Italian territory to MTV All rights reserved.
2.6 The End-User acknowledges that the Services and Web-site contains confidential information and are protected by industrial and intellectual property laws.
The End user undertakes not to modify or dispose in any manner (for consideration or free of consideration) and not to distribute, disclose or create works based, totally or partially, on the Services or Web-site, Contents or Works and – if the User allow the download – not to merchandise Works or distribute if no prior MTV’s consent is acquired.
2.7 In any case it is agreed that the End User shall not (nor allows third party to do that) sub-license, lease, sell, distribute, disclose, transform even if in part, decode, decompile, disassembly, modify, translate the Web-site, make reverse engineering and in any case reproduce, copy, use or dispose of the Web-site or its part which is not expressly allowed by this document or law. Furthermore, the End User is not authorized to create derivative works, or to try to find out any source code, or to develop products or application softwares based on the Services or which make any use of the same.
3. End User’s Conduct
3.1 The use of the Web-site and Services is private and personal; therefore these shall not be used:
(a) for illegal purposes;
(b) to break off, harm, or make less efficient all or part of the Web-site and/or Services or to harm in any manner the functioning of Web-site and/or Services;
(c) in any manner which can harm other user’s computer or cause nuisance;
(d) to transmit, upload and publish on the Web-site any virus and other codes, files, or softwares created to break off, destroy or limit the functioning of software, hardware or telecommunication system of third parties;
(e) to transmit, upload or publish on the Web-site defamatory, offensive, racist, coarse, seditious, obscene or threatening, or however repressible for the moral standards;
(f) as mean to threaten, molest, pursue or insult third parties or to collect and keep third parties’ personal data;
(g) by infringing third parties’ right (included but not limited to copyright and confidential information);
(h) to transmit any material for mere advertising purposes, if no prior MTV’s written consent is acquired;
(i) to transmit, upload, publish, junkmail, spam, pyramid schemes or any other kind and form of unrequested message, on the Web-site or by other means.
3.2 MTV reserves the right to refuse, as for its own unquestionable opinion, the access to any publication or information, as well as to eventually change their allocation.
3.4 If the information, such as included in the subscription, is not true, exact, current or complete, or if MTV should have reason to consider such data as untrue, inexact, not current or incomplete, MTV is entitled to suspend or not to allow the End Users to accede to the Services’ areas which require a log-in.
3.5 In the event of breach by the End User, any tolerance of MTV does not imply acquiescence or waiver to make use of the rights set forth above or of other remedies provided by the Law.
4. Limitations of Liability
4.1. The End-User is totally liable for visiting the Web-site. MTV does not represent any warranty, such as express or implicit, in relation with the Web-site, Contents and Works, as well as Services, also on the ground of the integrity, accurateness and quality.
4.2 The End User of the Web-site acknowledges that:
(a) it is technically impossible to provide a Web-site with no defects, and that MTV does not undertakes such responsibility;
(b) the Web-site may be temporary inaccessible;
(c) the functioning of the Web-site may suffer because of performances and conditions outside MTV’s control;
(d) MTV is not responsible for the Content and Works as well as for the information and/or material supply throughout the Web-site and/or Services as well as for the topics and conducts of the End User during the visit of the Web-site;
(e) MTV does not exercise any control, such as prior or subsequent, on the topics introduced and/or treated by the End User, included but not limited to the topics treated in the Web-site’s areas reserved to the communications among the End-Users;
(f) MTV does not undertake any responsibility for the transmission of possible virus on the End-Users’ computers.
(g) saved for negligence or fraud of MTV, MTV is not liable for any damage due to the access of the End Users to the Web-site or to the published material.
(h) some Contents and/or Works may be inexact or errors;
(i) MTV does not undertake any responsibility for material and information included in the several areas of the Web-site reserved to the communications among the End User but it will denounce any possible infringement of law to the competent Authorities.
The Web-site and Services are addressed to a wide and heterogeneous public: therefore MTV invites parents to supervise minors and to establish which areas of the Web-site are appropriate for minors.
4.3 MTV is not responsible for any loss or possible damages due to your failure to comply with this terms and conditions, saved for the case that the said damages and losses are due to MTV’s negligence and fault.
4.4 In order to safeguard the functionalities of the Web-site, MTV may establish certain general procedures and limitations regarding the use of the Service, included the maximum period in which the messages or the material uploaded by Users can be published as well as the number of time the End Users can access to the Service in a certain period. MTV does not undertake any responsibility for the cancellation or the missed delivery of messages and other kind of communication and material, stored in or transmitted by the Web-site.
4.5 MTV is not responsible towards the End User for possible failure, lack or delay in the supply of Services on the Web-site, and in particular if
a) false or wrong data have been provided to use the same;
b) the user instruction have not been respected.
4.6 Except for the injuries caused by serious fault or negligence by MTV, MTV shall not be responsible for any damage and loss arising from or in any manner connected to the use and the functioning of the Web-site, included but not limited to, damages for loss of business opportunities, loss of income, interruption of the activity, loss of trade information, any other kind of loss of monies.
ART. 5 Warranties
5.1 The End User recognizes and expressly accepts that:
a) the Web-site and the Services are supplied "AS THEY ARE " and "AS AVAILABLE". It is expressly excluded any warranty from MTV, including for example any warranty regarding the marketability, suitability for special purposes or for quality of the Services.
b) MTV does not warrant (i) that the Website and the Services shall satisfy the needs of the End User (ii) that the Website and the Services shall be supplied without interruption, delay, in a secure way or without any error (iii) the expectation of the End User that the results of the Website shall be correct and reliable (iv) that the quality of the products, services, information or any other acquired or obtained material trough the Services and/or the software shall satisfy the needs of the End User (v) as well as possible errors in the supply of the Services are correct.
c) Any Content and/or Works downloaded or in any other way obtained on or throughout the Web-site or Services is obtained at the sole and exclusively discretion and at exclusively risk of the Users and the End Users are the only and exclusively responsible for any damages caused to their own personal computers or for the loss of data due to the downloading of the Contents and/or Works or to the use of the Website and the Services.
5.2 The End User represents and warrants to hold harmless MTV as well as its subsidiaries and affiliates, its representatives, employees, MTV assignees, from any liabilities, including legal expense, which can arise from the Contents and/or the Works, transmitted or sent by the Users, from the use of the Website or Services by the End Users, from the access to the Service by the End User, from the breach of the provisions which apply or in case of breach of third parties’ rights.
5.3 The End User represents and warrants that acknowledges MTV exercising a limited control regarding the nature and content of the information included in the area of the Website where End User can upload Contents and/or Works, as well as in the area of the Website and for the Services dedicated to the communication among End Users.
The End User agrees to reimburse third parties’ damages due to possible claims that third parties should bring against MTV and/or its assignees because of the use of the Site and/or Services.
6. Suspension. Termination
MTV reserves the right to suspend the access to the Web-site and Services, in case of breaches by the End User of the terms and conditions of this agreement.
The End User is entitled, at any time, to require MTV to unsubscribe to the Web-site and the Services, and to withdraw from this terms and conditions, by picking the relevant option in the Log-in section of the Web-site.
7. Competition
The participation to competitions will be regulated by specific terms and conditions. In case of lack of specific terms and conditions general terms and conditions applies.
8. Notice
Any notice to MTV shall be made in writing and shall be done by e-mail or by ordinary mail at the following address:
- MTV Italia S.r.l. – QOOB – Via Belli, 14 - 20127 Milano
- qoobhelp@mtvne.com
9. Mobile Phone Services offered by MTV
In case Works and/or Contents are uploaded on the Website by third and further generation mobile phones:
a. MTV shall not claim any rights from the User for this upload modality; and
b. All the eventual expenses owed to mobile phone operators shall be exclusively borne by the User.
10. Upload of Works
To upload Works it is required the acceptance of terms and conditions of the Upload section.
11. Other Web-sites
The Web-site may include links to other web-sites which are not controlled by MTV.
The End User acknowledges that this terms and conditions apply for the use of this sole Web-site and relevant Services; MTV is not responsible for the content of the other web-sites. Any link to other web-sites does not imply promotion of such web-sites and/or their contents, as well as the sharing of the values promoted therein.
12. Supplement and Amendment MTV reserves the right to periodically modify the Web-site, as well as to update this terms and conditions, by publishing on the Web-site the changes to bind End Users and Users.
The lack of acceptance of the supplement and/or amendment of this terms and conditions implies that the Service cannot be further used by the End Users.
13. Construction
Any provisions of these terms and conditions which excludes or limits the responsibility, must be separately construed: such provisions always apply and exists also in case any other provisions, for any reasons, should be considered not applicable or effective, having effect notwithstanding the failure in the observance of the terms of use of the Website.
14. Applicable Law and Jurisdiction
This terms and conditions are governed by the applicable Italian law; they will be construed in accordance with the same law.
Any possible disputes between MTV and the Users, such as persons acting for purposes not related to professional or business activities shall be submitted to the jurisdiction of the Court of the place indicated by the End User as its residence or domicile, if settled in Italy.
15. Privacy. Information
15.1. The User and the End User, willing to amend and/or cancel its personal data, to update or cancel its profile, shall click the link “updating the user profile”, on the home page of the Web-site and update the data according to their preferences.
15.2 It is possible to delete all the information in the TIMB’s Database and in the MTV Italia S.r.l.’s Database, by sending a specific request by e-mail to qoobhelp@mtvne.com, specifying name, e-mail address and telephone number.
15.3 The personal data provided by the User to MTV are protected pursuant to the provisions of Legislative Decree n. 196/2003 "Privacy Code” and subsequent amendments.
MTV Italia S.r.l (hereinafter “Mtv”) a company which administrates the website www.qoob.tv (hereinafter the “Website”) provides the information regarding the personal data processing provided to use the services offered on the Website (the “Services”), in compliance with Legislative Decree n.196/03 (Privacy Code) and subsequent amendments and integrations (hereinafter the “Code”).
Pursuant to Article 13 of the Code we inform of the following:
1. the personal data collected shall be processed (as defined by Article 4, paragraph 1, lett. a of the Code), by means of automatic storage in the information retrieval system of MTV for the purposes connected with the activities of Qoob.tv and with the Services:
1.1. to provide assistance for the Services’ use and, in general, for the Services’ administration;
1.2. to send information regarding the instruction for using the Services;
1.3. to send advertising messages regarding Qoob.tv and/or the Services and the activities of MTV;
1.4. to send possible prizes for competitions;
1.5. only upon explicit consent, to allow MTV to send the newsletter;
1.6. to manage the database of the Works uploaded on the website and to contact you in relation to promote them;
1.7. only upon explicit consent, to send advertising messages regarding third parties’ business activity.
2. The inclusion of personal data is compulsory for the subscription of Qoob.tv and for the use of the several Services, the lack of inclusion of the required personal data does not enable the subscription at Qoob.tv. The subscription is free, on the condition that personal data are included and general terms and conditions of the agreement are accepted. Mtv reserves the right to void the subscription and to interrupt the supply of the Services in case of false information.
3. In case the User does not intend to give its consent for the data processing and for the purposes indicated in paragraphs 1.5, 1.6, 1.7 its refusal does not determine any consequences on the subscription at Qoob.tv and on the agreement itself. The relevant data collected shall be used exclusively for the purposes indicated in the above mentioned Paragraphs 1.1, 1.2, 1.3, 1.4, which are strictly connected with the supply of the Services.
4. The personal data collected shall be exclusively communicated to:
4.1. subsidiaries and affiliates companies of our group, for the same purposes indicated above;
4.2. public or private entities, for the performance of the obligations set forth by the agreement, applicable Italian or European law;
4.3. the personal data collected can be transferred abroad only upon explicit consent and within the limitations set forth at Articles 42, 43, 44, 45 of the Code.
5. Articles 7, 8, 9, and 10 of the Code grant the rights related to your personal data processing among which:
5.1 the right to know, by accessing to the register or requesting to the data processing responsible, the existence of your data processing;
5.2 the right to update, adjust or integrate the personal data as well as to have them cancelled, transformed in anonymous forms or blocked in case of breaches of the law;
5.3 the right to oppose to the data processing in accordance with the above mentioned provisions;
5.4 the right to oppose to the data processing for promotional or commercial purposes, to send advertising materials and to carry out market researches.
6. The holder of the data processing is:
MTV Italia S.r.l.
Registered office in Rome, Via della Pineta Sacchetti 229
and administrative office in Milan, Corso Europa, 7.
Registered in the Company’s Registrar of Rome under n. 22442/99 and in REA of Rome under n. 911071 Fiscal Code n. 05690981005
The responsible for the personal data processing is:
Gian Paolo Tagliavia – Head of Interactive Media – domiciled for its office at the company’s registered office.
For any communication you can write by e-mail to qoobhelp@mtvne.com
Pursuant to Article 13 of the Code we inform of the following:
1. the personal data collected shall be processed (as defined by Article 4, paragraph 1, lett. a of the Code), by means of automatic storage in the information retrieval system of MTV for the purposes connected with the activities of Qoob.tv and with the Services:
1.1. to provide assistance for the Services’ use and, in general, for the Services’ administration;
1.2. to send information regarding the instruction for using the Services;
1.3. to send advertising messages regarding Qoob.tv and/or the Services and the activities of MTV;
1.4. to send possible prizes for competitions;
1.5. only upon explicit consent, to allow MTV to send the newsletter;
1.6. to manage the database of the Works uploaded on the website and to contact you in relation to promote them;
1.7. only upon explicit consent, to send advertising messages regarding third parties’ business activity.
2. The inclusion of personal data is compulsory for the subscription of Qoob.tv and for the use of the several Services, the lack of inclusion of the required personal data does not enable the subscription at Qoob.tv. The subscription is free, on the condition that personal data are included and general terms and conditions of the agreement are accepted. Mtv reserves the right to void the subscription and to interrupt the supply of the Services in case of false information.
3. In case the User does not intend to give its consent for the data processing and for the purposes indicated in paragraphs 1.5, 1.6, 1.7 its refusal does not determine any consequences on the subscription at Qoob.tv and on the agreement itself. The relevant data collected shall be used exclusively for the purposes indicated in the above mentioned Paragraphs 1.1, 1.2, 1.3, 1.4, which are strictly connected with the supply of the Services.
4. The personal data collected shall be exclusively communicated to:
4.1. subsidiaries and affiliates companies of our group, for the same purposes indicated above;
4.2. public or private entities, for the performance of the obligations set forth by the agreement, applicable Italian or European law;
4.3. the personal data collected can be transferred abroad only upon explicit consent and within the limitations set forth at Articles 42, 43, 44, 45 of the Code.
5. Articles 7, 8, 9, and 10 of the Code grant the rights related to your personal data processing among which:
5.1 the right to know, by accessing to the register or requesting to the data processing responsible, the existence of your data processing;
5.2 the right to update, adjust or integrate the personal data as well as to have them cancelled, transformed in anonymous forms or blocked in case of breaches of the law;
5.3 the right to oppose to the data processing in accordance with the above mentioned provisions;
5.4 the right to oppose to the data processing for promotional or commercial purposes, to send advertising materials and to carry out market researches.
6. The holder of the data processing is:
MTV Italia S.r.l.
Registered office in Rome, Via della Pineta Sacchetti 229
and administrative office in Milan, Corso Europa, 7.
Registered in the Company’s Registrar of Rome under n. 22442/99 and in REA of Rome under n. 911071 Fiscal Code n. 05690981005
The responsible for the personal data processing is:
Gian Paolo Tagliavia – Head of Interactive Media – domiciled for its office at the company’s registered office.
For any communication you can write by e-mail to qoobhelp@mtvne.com
Introduction
This website belongs to and is operated by MTV Italia S.r.l. (“MTV”). Pursuant to the regulations for the personal data protection applicable in Italy, MTV undertakes to guarantee the privacy and security of the personal data of its clients and, more in general, of every navigator, including Internet access from other countries.
This Privacy Policy aims to set out the methods of processing of personal data related to users/visitors of the website www.qoob.tv (“Website”) operated by MTV Italia S.r.l..
Pursuant to Article 13 of the Legislative Decree 196/03 (“Personal Data Code”) MTV provide dtaliled informative notices in relation to any service provide on the Website.
Such informative notices concern the terms and conditions of personal data processing of any service provided. Every visitor is free to express his/her consent and authorise MTV to register and use personal data.
In relation to each service MTV will communicate the list of any Data Controllers and/or Data Processors, as defined in the Personal Data Code.
Web users and visitors must read carefully this Privacy Policy before sending any personal information and/or filling in any electronic form posted on this Website.
Types of personal data and purposes for their processing
The content of the Website is of an informative and interactive nature. When navigating the Website, information can thus be acquired on users, or more in general visitors, as follows:
A) Data concerning the web-surfing
The Website collects technical information on the hardware and software used by visitors, either independently or by using "Nielsen-Rating" tools for analysing link files. This information concerns:
o IP address,
o type of browser,
o Internet service provider
o operating system,
o name of dominion and addresses of web sites accessed or exited (referring/exit pages),
o information on web site pages visited,
o time of access,
o duration of page views,
o analysis of virtual path inside site (clickstream),
This information does not supply personal data on clients/visitors but only data of a technical/informative nature which is collected and used in an aggregated and anonymous form with the sole aim of improving the quality of the service and providing statistics on Website use. Consult the Nielsen-Rating privacy Policy for further information on this subject.
B) Data provided spontaneously by users/visitors
If users/visitors connecting to this Website send their personal data in order to use some services or to make requests through e-mail, MTV gathers their addresses and/or any other personal data, which will be processed exclusively to fulfil any query or to provide the requested service. In any event, any personal data shall be processed in accordance with the relative above mentioned informative notice.
"Opt-In" and "Opt-Out" policy: before activating a service, MTV will provide a detailed informative notice and if necessary MTV will be required to ask to clients/visitors for their consent. This consent can be withdrawn at any time, meaning that the service involved can no longer be accessed. The data collected is kept for the time strictly necessary for achieving the aims for which its treatment consent has been given, (e.g. activation/management of the specific service).
C) Cookies
COOKIES are small text files stored in the computer during navigation of a web site. They are used to process and identify users data. The cookie file is usually very small and takes up little space on the hard drive. The cookie is transferred to the registered users hard drive to "memorise" what areas of the Website have been visited. This choice means that users can reach the key parts of a previously visited site faster.
There are various types of cookies:
• permanent, that remain stored on the hard drive even when the browser is closed
• transient or session, that are only stored for the duration of the navigation and are deleted from the computer when the browser is closed
• third-party, generated by a web site other than that currently visited.
The cookies MTV uses are a combination of these three types: some serve only for opening and maintaining a session under authentication (transient cookies). In this case, after the authentication session or the browser is closed, although they remain stored in the computer (permanent cookies), neither MTV nor third parties can use them. For purely statistical reasons Nielsen-Rating uses (third-party cookies) for measuring aggregate information (see part on Information collected indirectly on clients/visitors) and cookies of the server 24/7 Real Media – Open Ad Stream, used to set the frequencies to allow the display of advertising banners. To offer a Website that increasingly meets clients/visitors expectations and requirements, data collected on cookies is constantly analysed; this data only indicates in an anonymous manner how the Website is used, (e.g. areas and sections that are considered of greater interest and utility for navigators). Clients/visitors are given the option to configure their browser to accept all cookies, only some cookies, or to decline all cookies. However, if cookies are not accepted it may be impossible to deliver those services where authentication is needed for access. Please, note that, at the end of every session, clients/visitors can delete both the navigation cache-memory and the cookies collected.
Methods of data processing
Data are processed both through computer-based tools (such as electronic procedures) and manually (such as on paper-based procedures) only for the limited time period necessary for the purposes according to which they have been gathered and, anyway, in compliance with the related law. In any event, specific personal data processing methods shall be set out in the relative informative notice.
Data Supplying
Personal data provided by clients/visitors is exclusively required in order to allow MTV to provide the requested service(s).
Data controller, data processors and classes of people in charge
The Data controller is MTV Italia S.r.l. – headquartered in via della Pineta Sacchetti, 229 – 00168 Rome and with administrative office in Corso Europa, 7 – 2022 Milano.
Inside the company, the personal data will be processed by the employees in charge of the functions mentioned in the list before. They are “Persons in charge of the processing” of personal data under the control of the Data processor.
Rights of data subjects
Pursuant to Paragraph 7 of the Data Protection Code, The people whom the personal data refer to have the right to have it confirmed whether their data exist and are stored or not and to know about their content and origin, to check if their data are correct and to ask for their integration, update or correction.
In accordance with that Paragraph they can require to have their data deleted, made anonymous or blocked if they are used in violation of the law. Moreover, they can anyway oppose their processing for legitimate reasons.
Any request in relation to the above must be addressed to Data processors.
Other forms of data use
For reasons of public order only, in conformity with the provisions of the law concerning the security and defence of the State for the prevention, detection and/or repression of crimes or offences, the data provided could be used for other purposes than the provision of services and could be communicated to public authorities and bodies, such as the police, public authorities and the judiciary for the performance of their duties.
Policy changes
This Privacy Policy regulates the processing of data provided by clients/visitors during navigation on the Website. New regulations for the sector, as well as the constant updating of services to users, could mean changes to this treatment. It is thus possible that our policy will undergo changes and we invite clients/visitors to review this page periodically.
This website belongs to and is operated by MTV Italia S.r.l. (“MTV”). Pursuant to the regulations for the personal data protection applicable in Italy, MTV undertakes to guarantee the privacy and security of the personal data of its clients and, more in general, of every navigator, including Internet access from other countries.
This Privacy Policy aims to set out the methods of processing of personal data related to users/visitors of the website www.qoob.tv (“Website”) operated by MTV Italia S.r.l..
Pursuant to Article 13 of the Legislative Decree 196/03 (“Personal Data Code”) MTV provide dtaliled informative notices in relation to any service provide on the Website.
Such informative notices concern the terms and conditions of personal data processing of any service provided. Every visitor is free to express his/her consent and authorise MTV to register and use personal data.
In relation to each service MTV will communicate the list of any Data Controllers and/or Data Processors, as defined in the Personal Data Code.
Web users and visitors must read carefully this Privacy Policy before sending any personal information and/or filling in any electronic form posted on this Website.
Types of personal data and purposes for their processing
The content of the Website is of an informative and interactive nature. When navigating the Website, information can thus be acquired on users, or more in general visitors, as follows:
A) Data concerning the web-surfing
The Website collects technical information on the hardware and software used by visitors, either independently or by using "Nielsen-Rating" tools for analysing link files. This information concerns:
o IP address,
o type of browser,
o Internet service provider
o operating system,
o name of dominion and addresses of web sites accessed or exited (referring/exit pages),
o information on web site pages visited,
o time of access,
o duration of page views,
o analysis of virtual path inside site (clickstream),
This information does not supply personal data on clients/visitors but only data of a technical/informative nature which is collected and used in an aggregated and anonymous form with the sole aim of improving the quality of the service and providing statistics on Website use. Consult the Nielsen-Rating privacy Policy for further information on this subject.
B) Data provided spontaneously by users/visitors
If users/visitors connecting to this Website send their personal data in order to use some services or to make requests through e-mail, MTV gathers their addresses and/or any other personal data, which will be processed exclusively to fulfil any query or to provide the requested service. In any event, any personal data shall be processed in accordance with the relative above mentioned informative notice.
"Opt-In" and "Opt-Out" policy: before activating a service, MTV will provide a detailed informative notice and if necessary MTV will be required to ask to clients/visitors for their consent. This consent can be withdrawn at any time, meaning that the service involved can no longer be accessed. The data collected is kept for the time strictly necessary for achieving the aims for which its treatment consent has been given, (e.g. activation/management of the specific service).
C) Cookies
COOKIES are small text files stored in the computer during navigation of a web site. They are used to process and identify users data. The cookie file is usually very small and takes up little space on the hard drive. The cookie is transferred to the registered users hard drive to "memorise" what areas of the Website have been visited. This choice means that users can reach the key parts of a previously visited site faster.
There are various types of cookies:
• permanent, that remain stored on the hard drive even when the browser is closed
• transient or session, that are only stored for the duration of the navigation and are deleted from the computer when the browser is closed
• third-party, generated by a web site other than that currently visited.
The cookies MTV uses are a combination of these three types: some serve only for opening and maintaining a session under authentication (transient cookies). In this case, after the authentication session or the browser is closed, although they remain stored in the computer (permanent cookies), neither MTV nor third parties can use them. For purely statistical reasons Nielsen-Rating uses (third-party cookies) for measuring aggregate information (see part on Information collected indirectly on clients/visitors) and cookies of the server 24/7 Real Media – Open Ad Stream, used to set the frequencies to allow the display of advertising banners. To offer a Website that increasingly meets clients/visitors expectations and requirements, data collected on cookies is constantly analysed; this data only indicates in an anonymous manner how the Website is used, (e.g. areas and sections that are considered of greater interest and utility for navigators). Clients/visitors are given the option to configure their browser to accept all cookies, only some cookies, or to decline all cookies. However, if cookies are not accepted it may be impossible to deliver those services where authentication is needed for access. Please, note that, at the end of every session, clients/visitors can delete both the navigation cache-memory and the cookies collected.
Methods of data processing
Data are processed both through computer-based tools (such as electronic procedures) and manually (such as on paper-based procedures) only for the limited time period necessary for the purposes according to which they have been gathered and, anyway, in compliance with the related law. In any event, specific personal data processing methods shall be set out in the relative informative notice.
Data Supplying
Personal data provided by clients/visitors is exclusively required in order to allow MTV to provide the requested service(s).
Data controller, data processors and classes of people in charge
The Data controller is MTV Italia S.r.l. – headquartered in via della Pineta Sacchetti, 229 – 00168 Rome and with administrative office in Corso Europa, 7 – 2022 Milano.
Inside the company, the personal data will be processed by the employees in charge of the functions mentioned in the list before. They are “Persons in charge of the processing” of personal data under the control of the Data processor.
Rights of data subjects
Pursuant to Paragraph 7 of the Data Protection Code, The people whom the personal data refer to have the right to have it confirmed whether their data exist and are stored or not and to know about their content and origin, to check if their data are correct and to ask for their integration, update or correction.
In accordance with that Paragraph they can require to have their data deleted, made anonymous or blocked if they are used in violation of the law. Moreover, they can anyway oppose their processing for legitimate reasons.
Any request in relation to the above must be addressed to Data processors.
Other forms of data use
For reasons of public order only, in conformity with the provisions of the law concerning the security and defence of the State for the prevention, detection and/or repression of crimes or offences, the data provided could be used for other purposes than the provision of services and could be communicated to public authorities and bodies, such as the police, public authorities and the judiciary for the performance of their duties.
Policy changes
This Privacy Policy regulates the processing of data provided by clients/visitors during navigation on the Website. New regulations for the sector, as well as the constant updating of services to users, could mean changes to this treatment. It is thus possible that our policy will undergo changes and we invite clients/visitors to review this page periodically.
Articles 7, 8, 9, and 10 of the Italian Privacy Code grant the rights related to your personal data processing among which:
• the right to know, by accessing to the register or requesting to the data processing responsible, the existence of your data processing;
• the right to update, adjust or integrate the personal data as well as to have them cancelled, transformed in anonymous forms or blocked in case of breaches of the law;
• the right to oppose to the data processing in accordance with the above mentioned provisions;
• the right to oppose to the data processing for promotional or commercial purposes, to send advertising materials and to carry out market researches.
The above mentioned rights may be exercised by the data subjects by request to the officers responsible for the processing below:
Chiara Daelli
Raffaele Sangiovanni
Barnaba Costalonga
Gianni Amato
Cristina Basaldella
Simona Sbarbaro
Daniela Nan
Simonetta Caputi
Daniela Di Maio
Alessandro Grieco
Lucia Nicolai
Emanuele Pietripaoli
List of third party managers for MTV Italy S.r.l.
Edoardo Aimetti
List of third party managers for MTV Advertising S.r.l.
• the right to know, by accessing to the register or requesting to the data processing responsible, the existence of your data processing;
• the right to update, adjust or integrate the personal data as well as to have them cancelled, transformed in anonymous forms or blocked in case of breaches of the law;
• the right to oppose to the data processing in accordance with the above mentioned provisions;
• the right to oppose to the data processing for promotional or commercial purposes, to send advertising materials and to carry out market researches.
The above mentioned rights may be exercised by the data subjects by request to the officers responsible for the processing below:
MTV Italia
Alberto FumagalliChiara Daelli
Raffaele Sangiovanni
Barnaba Costalonga
Gianni Amato
Cristina Basaldella
Simona Sbarbaro
Daniela Nan
Simonetta Caputi
Daniela Di Maio
Alessandro Grieco
Lucia Nicolai
Emanuele Pietripaoli
List of third party managers for MTV Italy S.r.l.
MTV Pubblicità
Alberto MazzieriEdoardo Aimetti
List of third party managers for MTV Advertising S.r.l.
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