YouCity

Terms and Conditions

Please read the terms of use of the website, set out below ("Contract" or "Terms of Use"), before using the services offered by YouCity Srl (company).

The present agreement establishes legally binding terms and conditions for the use of the website www.youcity.org

By using the site (visit, navigation, subscription), the user agrees to be bound by the conditions of this contract. This agreement extends to all users of the site and / or the service itself, including users who are also only collaborators, informants, technicians, and users and / or contributors of materials and / or services on the site itself.
The company YouCity Srl, VAT number 09784410962, with registered office in Milan, via Donizetti 38, hereinafter referred to as "supplier" for brevity.

1. WHEREAS

That the company YouCity Srl owns an internet portal called YouCity which contains data regarding the civic engagement, crowdsourcing, crowdfunding and similar activities with the aim of supporting and financing initiatives of public and social impact of institutions, public institutions administrations, foundations, profit and non-profit advertisers associations (hereinafter referred to as "client entities"), whose collection, cataloging and subdivision into different specific activities, is a primary task performed by YouCity itself, which has acquired specific experience in the organization and preparation of digital engagement, crowdsourcing and crowdfunding tools.

That this company carries out its data collection activity by receiving from the interested parties referred to above the projects, the rewards, news and updates on activities, biographical profiles and other necessary and related information, without participating to the processing of such information, and therefore without verifying the content of the data in question, whose reliability therefore remains the sole responsibility of each owner.

The premises are an integral part of this contract.

Service description:

- YouCity will provide the customer with access to its site as set out in the introduction point, where it will be possible to access the data, as described above, for the purpose of creating contacts between advertisers and site users.

- This access will therefore allow the meeting of the requirements requested by YouCity advertisers in the search for feedback, support and / or financing for the projects submitted that meet the requirements indicated by the advertiser himself.

- All site users, whether they are project supporters or advertisers, acknowledge and accept that YouCity assumes an obligation of means and not of result.

From the moment of acceptance of these conditions, all users of the site will be able to access the services mentioned above.

2. ACCEPTANCE OF CONDITIONS

The service is offered, subject to acceptance, without any modification, of all the terms and conditions contained in this document ("Terms of use"), a term which also includes the privacy information available on www.youcity.org/privacy-policy, and all the rules and conditions of operation, and systems that may be published from time to time on the site by the Company, each of which may be updated by the Company from time to time without notice. Furthermore, some services offered through the Service may be subject to additional terms and / or conditions entered by the Company, the use of which is subject to these additional terms and conditions, which are an integral part of these Terms of Use.

The service can be used by people who have reached the age of eighteen. The user declares and guarantees that, in the case of an individual user, he has the legal age to enter into a binding contract, and that all registration information is accurate and truthful. The Company may, in its sole discretion, refuse to offer the service to any person or legal entity, and change the eligibility criteria at any time.

3. MODIFICATIONS OF TERMS OF USE

The Company reserves the right, in its sole discretion, to modify or replace one or any of the Terms of Use, and/or modify, suspend or interrupt its Service at any time, by posting a notice on the site or by sending an e-mail. The Company may also impose limits on certain features and/or services, or restrict access to parts or the entire Service without notice or liability. It is the user's responsibility to check the terms of use periodically. The continued use of the service after the publication of any changes to the terms of use implies the acceptance of these changes.

On request, the customer must provide correct and truthful data in order to proceed with the registration or data transfer procedure.

YouCity will communicate all the instructions and information needed to complete the requested operation to the email address indicated by the customer upon acceptance of this contract.

It is understood that any change regarding the customer's e-mail address must be promptly communicated to YouCity which, in the absence of such communication, will legitimately continue to perform its task using the e-mail address in its database, even if it may be no longer in use.

4. REGISTRATION

The Company reserves its right, at its sole discretion, to modify or replace one or any of the terms of use and / or modify, suspend or interrupt the Service at any time, by posting a notice on the site or by sending an e-mail. The Company may also impose limits on certain features and / or services, or restrict access to parts or all of the Service without notice or liability.

It is responsibility of the user to check the terms of use periodically. The continued use of the service after the publication of any changes to the terms of use implies the acceptance of these changes.

In order for the registration or data transfer procedure to be successful, the customer must provide correct, truthful data to be produced based on the request.

YouCity will provide to the email address indicated by the customer at the time of acceptance of this contract all the instructions and information necessary to complete the requested operation.

It is understood that any change regarding the customer's e-mail address must be promptly communicated to YouCity which, in the absence of any such communication, will legitimately continue to perform its task using the obsolete e-mail address.

It is possible to browse the site and view its contents even without registration, but if you wish to make use of some aspects of the Service, you may be required to register with the Company and choose a password and the name that will appear on the screen ("User ID"). The user must provide the Company with accurate, complete and up-to-date information. Otherwise, there is a violation of the Terms of Use, which may result in the immediate termination of the user's account.

It is also not allowed to select or use as User ID or domain name of another person with the intent to impersonate that person, or use as User ID or domain name of a person other than the actual user, without due authorizations, or use as User ID or domain a name that is offensive, vulgar or obscene. The Company reserves the right to refuse registration or cancel a User ID and its domain in its sole discretion.

The user is also responsible for the activity that occurs on his ID, and is responsible for maintaining the confidentiality of the password.

5. OBLIGATIONS, PROHIBITIONS AND CUSTOMER RESPONSIBILITIES

- YouCity is not responsible for the content of information published by the Client Entities or by users on the network, and is not responsible in any way for damage caused directly or indirectly by the services provided.

- The customer agrees not to use the Service for purposes that are prohibited by the Terms of Use. The Service (including, without limitation, any content or user contributions) is provided exclusively for your personal, and non-commercial use (except as permitted by the conditions set out in the project: fundraising and commerce - Terms of use section) .

- The user is also responsible for all activities related to the personal use of the Service. For the purposes of the conditions of use, the term "content" includes, without limitation, any user contribution, videos, audio clips, forum comments, written information, miscellaneous information, data, texts, photographs, software, scripts, graphics and interactive features , provided, or otherwise made accessible by the Company or its partners, on or through the Service.

- By way of explanation, the user must not (and cannot also allow third parties) undertake conduct aimed at uploading, downloading, publishing, sending, or distributing, or facilitating the distribution of any Content on or through the Service, including without limitation any material presented by the user which:

1) violates patents, trademarks, trade secrets, copyrights, advertising rights or other rights of any other person or entity or that violates any law or contractual obligations;

2) presents elements and/or contents that are misleading, untrue, or inaccurate;

3) presents aspects, illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of the privacy of others, harmful, obscene and offensive;

4) presents aspects and / or elements that constitute unsolicited, unauthorized advertising, and represent promotional material, spam or chain letters;

5) presents aspects and / or elements that contain viruses or other computer codes, files or programs designed or intended to destroy, damage, restrict or interfere with the proper functioning of any software, hardware or telecommunications equipment, to cause damage or gain access not authorized to any system, data, password or other information of the Company or third parties;

- Furthermore, the user is required not to interfere or attempt to interfere with the correct operation of the Service, or any activity performed on the Service (for example, to adopt measures and / or behaviors that could change and / or restrict access to the Service , or to other accounts, computers or networks connected to the Service);

- The user may also not execute mail-lists, and any form of auto-responder, or "spam" on the Service, or activate devices for manual or automatic use of the software, or other processes that are detrimental to the operation of the Service;

- The user undertakes not to decipher, decompile, disassemble, reverse engineer or otherwise attempt to extract secret and / or confidential codes, ideas or algorithms of any part of the Service, except to the limited extent and permitted, modify, translate, or create works derived from any part of the Service, or otherwise copy, rent, rent, distribute or otherwise transfer any rights.

All local, state, national and international laws and regulations must also be observed.

YouCity does not assume responsibility for the availability, on the site or through the service, of every User Contribution or Content. The Company undertakes to monitor the site, the services, the contents, and the material sent by the users. However, it reserves the right to remove or modify any Content in its sole discretion, without limitation and this at any time, without notice and for any reason.

- The customer undertakes not to store sensitive data on the site, and to assume responsibility for the failure to protect the data entered, with the exception of the essential personal data for creating the account; he also undertakes to take the utmost care of the alphanumeric codes (passwords) necessary for the performance of the service, not transferring them to third parties and therefore responding to the custody of the same;

- It is mandatory for the customer to comply with the laws and cardinal principles of IT law, such as fairness, respect, transparency, professionalism and safeguarding the various interests involved;

- The customer must operate with the utmost transparency, committing himself to avoid any possible misunderstanding in the common interest;

- It is forbidden to use information tools that could create misunderstandings and / or mislead other operators - customers.

6. LIMITATION OF RESPONSIBILITY OF YOUCITY

- In no case YouCity is considered responsible for the malfunction of the service offered, caused by faults in telephone lines, electrical lines, and / or in any case other online transmission tools, such as failures, overloads, interruptions, and in any case any cause not dependent on its behavior.

- In particular, YouCity cannot be held responsible for breaches of its obligations deriving from causes beyond the sphere of its foreseeable control, or due to force majeure.

- YouCity will not be held liable for non-fulfillment by third parties that affect the operation of the service made available, including speed slowdowns, or the failed operation of telephone lines and processors that manage online traffic.

- Force majeure, catastrophic events and unforeseeable circumstances. YouCity is not responsible for faults or malfunctions of any kind of its site, attributable to causes of fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular insurrections, riots, strikes and any other unforeseeable and exceptional cause that prevents the provision of the agreed service.

7. OBLIGATIONS OF YOUCITY

YouCity undertakes to maintain the efficiency of the service offered: if it is forced to interrupt the service due to exceptional events or maintenance, YouCity will take care to restore the service as quickly as possible to minimize the risk of inconvenience to each kind. YouCity will define the procedures for accessing the services, and reserves the right to improve them at any time, in order to be able to increase efficiency. YouCity will provide the customer with all the technical specifications to access the services.

8. YOUCITY WARRANTY LIMITATIONS AND EXCLUSIONS

- You acknowledge and agree that the Company has no responsibility and / or control over: users who access the Site; content accessed through the Site; effects on users; interpretation and / or use of the content; content on the site and related information, which some people may find offensive or inappropriate. YouCity makes no representations regarding any content accessed through the site, and the Company will not be held responsible for the accuracy, copyright compliance, legality or decency of the content material made accessible through the Site or the Service.

- The service is offered in the state of fact and law of the present conditions, without guarantees of any kind, express or implicit, for which we accept no responsibility.

- YouCity will not be responsible for the privacy of e-mail addresses, for registration and identification information, disk space, communications, confidential information or trade secrets, or any other content stored on YouCity, transmitted on networks accessible from the Site, or otherwise connected with the use of the Service.

- The user undertakes to defend, indemnify and hold YouCity, its affiliates, employees, administrators, and subjects who operate for any reason on behalf of YouCity, from all responsibility, claims and expenses, legal actions, which may arise, or referred to the improper use or use of the site, services, content or otherwise in violation of the terms of use, or in violation by the user, or of third parties in the use of any intellectual property or other right of any person or entity.

- YouCity may allow you to connect to other sites or resources on the Internet, and other sites or resources may contain links to the site. When you access third-party websites, you do so at your own risk. These other websites are not under the control of YouCity, and you acknowledge that the company is not responsible for the content, functions, accuracy, legality, opportunity or any other aspect of such sites or resources. The inclusion of any link does not imply endorsement by YouCity or any association with its operators. The user agrees and agrees that YouCity will not be responsible, directly or indirectly, for any damage or loss caused or allegedly caused by or in connection with the use or reliance on such content, goods or services available on or through any site web or resources.

9. DELIVERY METHODS

The offer of voluntary work performed by the user on the YouCity platform in support of a project is forwarded with all the information provided by the user to the advertiser. The advertiser himself will evaluate the offer and take on the management of further information, communications and practices in the event that he considers the volunteering activity offered by the user suitable to pursue the objectives that the specific project proposes. YouCity acts as a pure communication channel in the process and is in no way liable to the user, the advertiser or any other entity.

The economic offer or donation made by the user on the YouCity platform to support a project is actually charged to the card used by the user.

At the expiry date, if the project has been successful, the sum donated will be assigned in the following days to the project owner.

In case of failure to reach the established sum, the donation will be re-credited in the following days on the same credit card used to make the payment.

The value limits of the individual offers made by users are set at € 5.00 (minimum limit). It is not possible to make a fractionated amount offer.

Each user can make more than one offer in support of the same project or in support of different projects, except for the availability of credit on his card.

The offer made by the user is a mere act of generosity. With it, the user acquires exclusively the right to the "Reward" promised by the planning Entity in exchange for the same.

The "reward" consists of a good of symbolic or negligible value.

By offering both voluntary and economic donations, the user DOES NOT acquire any property rights or other real rights on the project he supports, any right to participate in the economic exploitation of the project he supports, no intellectual property rights, on the trademark or the patent or on the future developments of the project in the future.

10. FUNDRAISING

Signing this agreement the project owner accepts that the offers in support of his project, possibly carried out by the users and actually paid only upon the achievement of the "goal", are collected through the Stripe payment system (https://stripe.com/it) in its own name and on its own account, project owners and supporters simultaneously accept the terms and conditions of use of the Stripe system.

The project owner also agrees to release YouCity from any liability for any action or omission relating to his project.

Project owner and supporter acknowledge that the YouCity platform is exclusively a tool for connecting the offer provided by the supporter to the project published by the project owner and that therefore no type of link can be created between YouCity and supporters as a result of the offer or between YouCity and project owners as a result of the publication of the projects, for the contents of which project owners are entirely responsible.

Costs

In the event that the project published on YouCity reaches the eligibility criteria, the project owner will receive, within 30 days from the publication closing date, the amount collected net of YouCity management costs (which may vary depending on the agreements undertaken with the 'Customer Entity), of the transaction costs of the payment system used, VAT and withholding tax if due.
In the event that the project does not meet the eligibility criteria, no cost will be payable by the designer to YouCity, except in cases where the platform is licensed for use by the Client - with a regular contract documenting this agreement.

The transaction costs listed below, in the absence of different predefined agreements signed with a regular contract between YouCity and the Client, will be charged to the designer, therefore deducted from the amount collected during the project publication time, exclusively in the event that the project will reach the eligibility criteria. Otherwise, no transaction costs will be charged to the designer.

Stripe payment system:
- 1.2 % + 0.15 € on payments made with Visa or Mastercard cards (European issues)
- 2.7 % + 0.25 € for any payment made with American Express and cards issued outside the EU area.

In the days following the expiry of the project, in the event that the eligibility criteria are met and prior documentation is provided in accordance with European anti-fraud and anti-money laundering regulations (Know Your Customer - KYC rules), the amount collected by it (net of management fees depending on the agreements entered into, VAT transaction costs if due and any withholding tax) will be credited to the current account indicated by the designer.
YouCity will issue a receipted invoice for an amount equal to the percentage defined in the previous agreements of the amount collected + VAT.
YouCity will also provide the designer with the list of supporters who have acquired the right to "reward" with the data necessary for the fulfillment.

YouCity allows you to raise funds from "supporters" for the realization of "projects". The amount that need to be reached is set by the project advertiser together with the estimated time needed to collect it; these data will no longer be modifiable either by the advertiser himself or by YouCity, once the project has been published on the Site, subject to unquestionable assessments by the YouCity work team in relation to technical or exceptional events.

The amount requested from users is divided into brackets set by the advertisers who will give to the supporting user a series of rewards, always and only established by the advertisers themselves.

YouCity will not be entitled to hold, for any reason, the sums of money destined for the project beyond the service costs indicated and agreed with the project owner. YouCity is not responsible for its interactions with organizations and/or private individuals found on or through the service; this includes the supply of goods and/or services, and all other terms, conditions, guarantees or declarations associated with announcements on YouCity.

YouCity is not required to monitor and control the performance, or punctuality of projects, although it provides clients-project owners with all the tools to transparently communicate the progress.

Furthermore, YouCity is not liable for damages or losses incurred as a result of such negotiations.

All established relationships are rooted exclusively between the user and these organizations and/or individuals. YouCity is not obligated in any disputes or negotiations or disputes that may arise between supporters and creators of the projects, or between members of the site and third parties. In case of dispute, YouCity, its officials, employees, collaborators, agents are exonerate from complaints, damages and requests of any kind, known or unknown, suspected or not, disclosed or reserved, deriving directly and/or indirectly from such disputes.

In any case, YouCity cannot be held responsible for the actions taken by and/or against a creator of a project. YouCity reserves the right to cancel projects deemed unsuitable for remaining on the site, for any reason.

Project owners will conduct their supporters' reward procedures to their personal discretion. YouCity is not responsible for the release of the rewards offered by the creators of the project in exchange for their fundraising.

In any case, YouCity will remain completely extraneous and not subject to any kind of responsibility or obligation as regards any fiscal, accounting and/or tax aspect linked and/or in any case attributable to the management of the sum received by the advertisers as offered by the supporters, and in each case connected to the potential development of commercial projects, to the possible sale of goods, gifts and/or rewards connected to the receipt of said funds.

YouCity reserves the right in any case to cancel, interrupt or suspend an advertisement at any time, for any reason.

The designer who will receive the amount raised during the publication period of the project on YouCity will become the exclusive owner. The tax regularization of the amount received will be at his charge, in relation to his tax and social security position.

Once the funds due to the designer and the transfer of supporters' data have been credited, the relationship between YouCity and the designer will be considered definitively concluded.

Payment system

The payment processing services for designers on YouCity are provided by Stripe and are subject to the terms of the Stripe Connected Account Agreement (Stripe Connected Account Agreement), which includes the Stripe Terms of Service, collectively called "Stripe Services Agreement" ("Stripe Services Agreement").
By accepting these terms and/or continuing to operate as a designer or supporter on YouCity, you agree to be bound by the Stripe Services Agreement and any changes made by Stripe from time to time.

In order for YouCity to offer such payment processing services via Stripe, you agree to provide YouCity with accurate and complete information about you and your company, and authorizes YouCity to share such information and transaction data related to the use of payment processing services provided by Stripe.

Stripe Terms of Service https://stripe.com/it/legal

Stripe Connected Account Agreement https://stripe.com/it/connect-account/legal

11. RATES AND PAYMENTS

- Access to the service offered by YouCity is free. The publication of the project by an advertiser on the site is free of charge (except in cases where the client does not request the license to use a customized version of the platform); its sharing is equally free through the tools provided by YouCity and its permanence on the site for the entire time set by the advertiser. At the end of this period, only and only in the event that the requested funding threshold is reached by the advertiser, the Service will retain a percentage of the total amount collected - which depends on the agreements defined and signed ad hoc between the Advertiser Client and YouCity.

- Each service offered will be accompanied by the relative price, of which you will have the opportunity to read and accept the quantification. The rates that will be charged may vary from time to time. These changes are effective after being posted with adequate notice on the site. YouCity may choose to temporarily change the rates for services offered for promotional events or new services.

- The user is responsible for the payment of all applicable taxes and duties concerning the use of the site.

12. CONFIDENTIAL SITE CONTENT AND INTELLECTUAL PROPERTY PROTECTION

The user acknowledges and accepts that the Service may include materials and information protected by copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. The user therefore undertakes to respect and preserve all copyright information, information and restrictions contained in any Content accessible through the Service. YouCity may at its discretion close the accounts of users who violate the intellectual property rights of others. If the user deems that his work and/or project, and/or product has been copied in a way that constitutes copyright infringement, he will have to provide YouCity with copyright, with a written communication containing all information relating to to this requirement and peculiarity, and in particular: the description of the work protected by copyright and/or copyright that is believed to have been violated; the description of the material that is allegedly infringed, and that is on the YouCity site, such as to allow YouCity to identify such material; the address, telephone number and email address of the user.

13. INTELLECTUAL PROPERTY RIGHTS: PROJECT CREATORS

The service offers the possibility of uploading processed projects to the site. YouCity will have no right of ownership over the content of the same, however, having it need the express authorization of the creator, to be able to host these products on the site. YouCity is therefore granted the right to have the product conceived on the site, in order to allow its use, reception, exposure, and in any case perform the service in the name of the creator, and in any case allow to view, of sell, distribute and otherwise exploit the content, together with all related works, copyright or metadata including, without limitation, photographs, graphics, and descriptive text in relation to the Service. And this to allow other users the flow, transmission, reproduction, display, distribution, and collection of the Works.
And all this in connection with the provision of the Service. In order to allow the Company hosting the content based on the above provisions, the same is granted the right to use, reproduce, copy, and display the trademarks, service marks, slogans, logos or similar property rights of the inventor, exclusively in relation to the Service.

14. INTELLECTUAL PROPERTY RIGHTS: USERS

YouCity can provide users with the ability to add, create, upload, post, distribute, collect, content, video, audio clips, written forum comments, data, text, photographs, software, scripts, images or other information to the Site. material on the site or otherwise through the Service, the user expressly acknowledges that: he can be identified publicly, with his User ID in association with any user contribution in question; that grants YouCity the right to use the paid material, to use, reproduce, distribute, prepare derivative works, view products related to the user contribution in relation to the site, and this without limitation for the promotion and redistribution of part or all of the site , without exclusion of means and / or channels. Furthermore, each user of the Site and / or the Service is granted the right to use, modify, reproduce, distribute, prepare derivative works, view and perform such User Contributions exclusively for personal, non-commercial use. Expressly the user declares and guarantees, that it possesses all the rights on its User Contributions, or that the content of such User Contributions is in the public domain, and that one has full authority and title to act on their behalf contributions. The user also agrees that the use or other exploitation of these User Contributions by YouCity, and the use or exploitation of them do not violate the rights of third parties, including, without limitation, rights to privacy, advertising rights, copyright, contractual rights, or any other intellectual property or proprietary rights. YouCity has no control over the material presented by the user. YouCity cannot guarantee the authenticity of the data that users can have of themselves. The user expressly acknowledges that all contents accessible by the user using the service are the responsibility of the same, including any damage that may arise. YouCity has the right to suspend access to all or part of the service at any time, with or without cause, with or without notice, with immediate effect, which can cause the confiscation and destruction of all information associated with your membership. It is possible to close the user account, following the instructions on the site. Everything paid is not refundable. All the provisions of the Conditions of Use which by their nature survive the termination of the program after termination, including, by way of example, the provisions relating to ownership, the denial of guarantees, indemnities and limitations of liability. Identification data will be collected and stored at YouCity for the purpose of fulfilling fiscal, tax and other obligations necessary for the activation, management and / or maintenance of the services provided by YouCity. YouCity will then record the identification data provided by the Customer, the passwords and necessary users, the e-mail addresses and any notes or information on the customer, on the job, or on data necessary for the performance of the same in its archives on electronic databases and / or paper documents owned by YouCity srl, VAT number 09784410962 with headquarters in Milan, Via Donizetti, 38 and is also its holder for the processing. These data will be used to send communications concerning this contract and its execution, for promotional information of all the services that are part of the service offered by YouCity, and for the commercial management of the customer.

15. TERMINATION CLAUSE

The customer acknowledges that the eventual non-fulfillment of the obligations indicated in points 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 above, will constitute a reason for the automatic termination of the contract, thus allowing YouCity to suspend the service lent, to forfeit the consideration received as partial compensation for the damage suffered, in any case the possibility for YouCity itself to take action against the customer for compensation for further greater damage.

16. JURISDICTION

The conditions of the service (and any other rules, policies or guidelines to be integrated into this reference document) are governed by the laws of the Italian State, without giving rise to any principle of conflict of law. The user declares that for any legal action and / or controversy that may arise or derive from the application of this agreement, the competent court for the territory is solely that of the Court of Milan.

17. APPROVAL OF CLAUSES EX ART. 1341 E 1342 C.C. (C.D. VESSATOR CLAUSES)

Pursuant to and for the purposes of the articles 1341 and 1342 c.c. the contents of the following clauses are expressly approved, after having carefully read them:

- Payment and missed payment

- Customer obligations, prohibitions and responsibilities

- Limitation of liability for force majeure, catastrophic events and unforeseeable circumstances

- Termination clause

- Jurisdiction