TERMS OF SERVICE

 

 

 

WELCOME TO DARECLAN

ERA K.I. s.r.l., with legal office in Via Andrea Ponti 15 – 20143 Milano (“ ERA K.I.”, "we," "us," "our") is the sole owner of the brand D.A.R.E. and its derivatives (further on also “Dare”) and shall provide its Services (described below) through its website located at www.dareclan.com (the "Site") and through its related mobile applications and services (collectively, such services, including any new features and applications, and the Site, the "Services"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. We recommend to periodically visit this page to review the current Terms of Service to be aware of any revision. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. The continued use of the Services after any such changes constitutes acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

ACCESS AND USE OF THE SERVICES

E-mag and DARE Community:  Dare is designed as a digital community created to gather creative personalities in order to exchange their artistic and creative piece of work, for free and without any form of payment, and with the only purpose of sharing creative contents. The collection and sharing of such material through our Site is made on the consent of the subscribers, according to our privacy policy.

Subscriptions to our Site  - to participate to the Dare community or to receive our material (newsletter and/or e-magazine) – are governed by our Privacy Policy https://www.dareclan.com/privacy

Purchase of good through our shop: throughout our shop on-line at www.darecla.com the customer may purchase the goods displayed. The purchase of such goods is regulated by our Terms and Condition of Sale.

Modifications to the Service: We reserve the right at any time, with or without notice, to (a) modify our algorithms, and (b) modify or discontinue, temporarily or permanently, the Services (or any part thereof). You acknowledge that such modifications to our algorithms and the Services may result in changes to the data and statistics that you see associated with your profile. You agree that Dare will not be liable to you or to any third party for any modification of our algorithms, or any modification, suspension or discontinuance of the Services.

Your Registration Obligations: You may be required to subscribe with the Services in order to access and use certain features of the Services. If you choose to subscribe for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Registration data and certain other information about you are governed by our Privacy Policy https://www.dareclan.com/privacy .

Member Account, Password and Security: if you are required to create a personal account to benefit from any part of the Service, You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Dare of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Services. We will not be liable for any loss or damage arising from your failure to comply with this Section.

General Practices Regarding Use and Storage: You acknowledge that Dare may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that Dare statistics, data or other content will be retained by the Services and the maximum storage space that will be allotted on Dare’s servers on your behalf. You agree that Dare has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that Dare reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Dare reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

CONDITIONS OF USE

User Conduct: You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, share, post, publish, display or otherwise transmit (hereinafter, "transmit") or email or otherwise use via the Services. Dare reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:

a. email or otherwise transmit any content that 

  • infringes any intellectual property or other proprietary rights of any party;

  • you do not have a right to upload under any law or under contractual or fiduciary relationships;

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • poses or creates a privacy or security risk to any person;

  • constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation;

  • is unlawful, harmful, threatening, abusive, harassing, inflammatory, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or

  • in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type;

b. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

c. violate any applicable local, state, national or international law, or any regulations having the force of law;

d. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e. solicit personal information from anyone under the age of 18;

f. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

i. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

Commercial Use: Unless otherwise expressly authorized by Dare or within the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services or access to the Services. Unless otherwise expressly agreed by Dare, the Services are for your personal use.

Mobile Services: The Services include certain services that may be available via a mobile device, including (i) the ability to browse the Services and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Dare and other entities by notifications, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

 

INTELLECTUAL PROPERTY RIGHTS

Service Content, Software and Trademarks: You acknowledge and agree that the Services may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith (for example, mobile applications, badges and other widgets) is our property, our affiliates and our partners (the "Software"). 

 

You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ERA K.I. S.r.l..

You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right related to other User’s Content without the express permission of the owner of such rights.

 

D.A.R.E., D.A.R.E. CLAN, D.A.R.E. E-MAG  and any other derivative names and logos, present or future,  are trademarks and service marks of ERA K.I. S.r.l. (collectively the "Dare Trademarks"). Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Dare Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Dare Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Dare be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Services. You acknowledge that we may not pre-screen content, but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms of Services or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Services: You are solely responsible for the content and other materials you upload through the Services or share with other users or recipients (collectively, "User Content"). You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content to the Dare Community you hereby grant and will grant Dare a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that the intellectual property of the User Content uploaded will remain yours and the usage of such property shall be granted to Dare as above defined, whilst such Content may become part of the Dare archive, according to our privacy policy. 

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services ("Submissions"), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Dare and(or ERA K.I., their users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In addition, we will have the sole right to remove any content from the Services that we believe in our sole discretion is in violation of this Terms of Service or is otherwise inappropriate in any way.

 

Copyright Complaints: We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to us at dareclan@era-ki.com.

 You may also contact us by mail at:

ERA K.I. Sr.l.
Attn: Copyright Complaints
via Andrea Ponti 15 – 20143 Milano

 

THIRD PARTY WEBSITES

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites, resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Adolescent is not liable for any loss or claim that you may have against any such third party.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold ERA K.I. S.r.l. and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Services or your violation of any rights of another.

 

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADOLESCENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

GENERAL

These Terms of Service constitute the entire agreement between you and ERA K.I. and govern your use of the Services, superseding any prior agreements between you and ERA K.I. with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software (including without limitation Social Media Services). These Terms of Service will be governed by the laws of Italy without regard to its conflict of law provisions. The failure of ERA K.I. to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.

 

Questions? Concerns? Suggestions?

Please contact us at dareclan@era-ki.com or ERA K.I. S.r.l., via Andrea Ponti 15 20143 Milan, to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.

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