Legal notes

Legal Notice and Terms of Use Taiao website and app

Disclaimer
Site, app and channels are the exclusive property of Taiao S.b.r.l., email: ciao@taiao.fun.
The purpose of the site, app and channels is to disseminate and inform about news and information concerning the topics covered; the site, app and channels also aim to stimulate positive sharing among users, again concerning the topics covered.
All the information and materials contained therein, which are accessible and usable by the user free of charge, are for information purposes only and can in no way be regarded as a substitute for expert opinions.
Taiao cannot therefore be held liable in any way for the use by the user of the information and materials available on the site, nor for any damage suffered, even indirectly, as a result of the use of these resources.

Foreword
The website, the app and the channels are offered by Taiao s.b.r.l. (hereinafter referred to as Taiao or Owner), with registered office in Lucca (LU), 55100, frazione di san Pietro a vico, via del Borghetto 75/D, p.iva 02683900464.
Relations arising from the use of the site, app and channels are governed by Italian law.

Meanings of terms used
Owner: the owner of the site, app and channels; hereinafter also Taiao.
User: a subject who in any way, by whatever means and medium, whether by registering or not, makes use of all the services that the site, app and channels in any way offer.
Conditions: Legal notes and Terms of Use of the https://www.taiao.fun website and the Taiao app.
Site: https://www.taiao.fun, and its subdomains.
App: Taiao app.
Services/Products: everything on the site, app and channels.
Contents: articles, comments, photos, podcast, Sponsor tab, project tab, video, contest.
Channels: all Taiao's social channels. For example: TikTok; Instagram, Facebook; Youtube; Linkedin, Spotify. Official Taiao channels are exclusively those represented by an icon on https://www.taiao.fun.
The following conditions govern access to and use of the site, app and channels, and access to all content of any kind published therein.
The foreword is to be regarded as an integral part of these conditions.

1-General Provisions
1.1 The use of the site, app and channels is governed by the conditions. Acceptance of the conditions constitutes an agreement between the User and the Holder and is given by ticking (flagging) the relevant box when registering for the app.
1.2 The Holder reserves the right to prepare further rules and conditions for the regulation of the individual services offered. The User must comply with the rules in every way and at every time provided by the Controller in order to use the services.
1.3 The Holder reserves the right to make changes, even substantial changes, at any time; the Holder shall make the User aware of the changes by publishing them on the site.
1.4 With the User's access following the change, the User automatically accepts the new conditions.

2-Obligations of the User
2.1 The User undertakes not to access restricted areas of the site, app and channels when he/she is not the legitimate owner of the access credentials.
2.2. The User shall use the site, the app and the channels and all services connected thereto, including his own account, not only in accordance with these conditions, but also in full compliance with the law, public order, morality and custom (netiquette).
2.3 The User undertakes to provide truthful information both at the time of registration and at the time of any change in the information.
2.4 The User shall guard his access credentials (email, password, first and last name, mechanographic code) with due care and diligence. In the event of theft or loss of the access credentials, the User undertakes to provide prompt and timely communication to the Controller, also requesting the deactivation of his/her account; in the absence of prompt and timely communication by the User, every manifestation of will, every act and fact, even if productive of legal effects, carried out through the User's account shall be attributed to the User. The Data Controller shall not be liable in any way for consultation of the data contained in the User's private area by third parties, even if unauthorised, who have in any way come to know the User's access credentials.
2.5 The User undertakes not to disrupt in any way or time the use of the site, the app, the channels and the services, however connected, by other Users.
2.6 The User is expressly forbidden to copy and/or learn and/or reproduce in any way and by any means the contents of the site, app and channels, for uses other than strictly personal use, and in any case for commercial use. In any case, all the provisions on copyright and/or industrial law, which are herein fully referred to, and in any case all the protections of the Owner's rights under the law shall remain unaffected.
2.7 The user who publishes and/or republishes on his own or another site, social network, platform, app and any other type of place, whether tangible or intangible, the content of the site and/or app and/or channels and in any case any content through his own account, assumes all liability arising from and subsequent to the publication.
2.8 Users who publish on their own or another site, social network, platform, app and any other type of place, whether tangible or intangible, the contents of the site and/or app and/or channels through their own account, are obliged to mention the site and/or app and/or channels and in any case any indication relating to the authorship of the content, also by indicating the relevant links.
2.9 The User undertakes in any event not to remove any distinctive Taiao sign.
2.10 The User undertakes not to assign his or her access credentials for any reason whatsoever.
2.11 The User undertakes to make comments and interactions that are fair, cordial and without the use of verbal violence/threats, and in any case comply with legality, public order and morality.

3-Obligations and Exemptions of the Holder
3.1 The Holder undertakes, and to the best of his ability, undertakes to maintain the usability of the site, app, channels and content.
3.2 The Holder assumes no liability for any interruption and/or suspension of the service, as well as for the limitation of the usability of the service.
The Owner invites the User to report any malfunctions that may occur to the e-mail address: .ciao@taiao.fun
3.3 the Holder shall not be liable for any use of the site, the app and/or the contents and in any case anything connected with them and in any way offered, which is made in violation of the law, public order, morality, custom (netiquette), and/or in violation of these conditions, and in any case of the provisions of the law.
3.4 Although the Holder undertakes to compile and publish so-called quality content, he does not in any way guarantee that the information is up-to-date.
3.5 The Holder does not exercise any control over links to other websites and their content, even if they are present on its own pages.
3.6 The Data Controller shall not be liable for any damage and/or loss and/or malfunctioning and/or prejudice of any kind that may be caused to the User's electronic processor as a result of the use of the service and/or of the contents provided by the same, nor for any contamination of the computer system deriving from access, interconnection, downloading of material and computer programmes from the site; the relevant repair/restoration costs shall be borne exclusively by the User.
3.7 Everything contained on the site, in the app, in the channels, accessible and usable by the User, is for information purposes only and cannot be considered a substitute for an expert opinion, customised and tailored to the specific needs of the individual User.
Taiao cannot therefore be held liable in any way for the use by the User of the information and materials available on the website, app and/or channels, nor for any damages suffered, directly and/or indirectly, as a result of the use of these resources.

4-Faculty of the Holder
4.1 The Holder reserves the unilateral right to change, suspend and discontinue the site, the app and the channels, and in any case and the services in any way connected and/or offered, and also to change, suspend or discontinue the account and the communication tools connected to it of the individual User.
4.2 The Owner reserves the right to undertake business and/or advertising initiatives, even for a fee, through the use of the site, app and/or channels, any third-party logo and/or brand, including advertising banners and any other advertisement for the promotion and marketing, direct and/or indirect, of any good, product and service.
4.3 Taiao reserves the right to exclude the User, even without notice, in the event of a breach of the rules of conduct, and/or violent behaviour, or behaviour that is otherwise contrary to public order, morality and/or legality.

5-Intellectual property
5.1 The website, the app and the channels as well as everything contained therein and in any case everything produced and disseminated by Taiao, is, and remains, the exclusive property of Taiao and is protected by copyright and in any case by the relevant provisions of law.
5.2 The publication and/or republication, and in any event the publication and/or dissemination in any manner by the User and/or third parties does not constitute the granting of any rights whatsoever; the mention of authorship is governed by Section 2 of these Terms and Conditions.
5.3 Taiao reserves the right to limit dissemination.
5.4 Any inaction on the part of Taiao does not constitute a grant of rights to the User and/or third parties.
5.5 The User is in no way authorised to change the contents.
5.6 The User acknowledges that all content is the exclusive property of Taiao.
5.7 The User who commits fraudulent and/or illegal acts shall be prosecuted to the full extent of the law.

6-Prohibition of use
6.1 The use of the services and content provided by the Holder is not permitted in jurisdictions that do not recognise the validity of all the provisions set out in these Terms.

7-Functioning of the site, app and channels
7.1 The User is aware that in order to be able to access the site, app or channels, his/her device must be connected to the Internet. The User is solely responsible for the costs and maintenance of such connection.
7.2 The User acknowledges and accepts that, since Taiao is not responsible for the Internet connectivity service, Taiao cannot guarantee the quality of the Service from a technical point of view. Taiao, therefore, is not responsible for the quality of the Service due to the use of non-compatible or malfunctioning equipment, improper use by the User, or the malfunctioning of the connectivity service.

8-Modalities of use
8.1 The User is aware and accepts that the website and the app are to be used exclusively through the appropriate web pages of the website and/or sections of the app, in compliance with these terms and conditions and the applicable laws and regulations.
8.2 Taiao reserves the right to check the User's compliance with the conditions at any time. Taiao reserves the right to suspend or restrict the use of the Website and/or the app and/or the channels, if there are reasonable grounds to believe that they are being used by unauthorised third parties, or if there are reasonable grounds to believe that they are being used in violation of these Terms and Conditions, and/or unlawfully and/or illegally by the User, and Taiao reserves the right to take legal action, including legal action , to protect its rights and to claim compensation for any direct or indirect damages. This does not imply any liability and/or duty of control for Taiao.
8.3 Access to the app is only permitted following registration by the User. Registration (and the creation of the Account) takes place following the User's input of an email, user name, password, as well as the declaration of having reached the age of majority. The user is obliged to enter true and correct information and in any case to keep the same up to date. In any case, registration takes place following acceptance of the conditions and privacy policy. The registration of underage users to the app is not permitted; in any case, Taiao is not obliged to check the truthfulness of the age declaration made by the user during registration; therefore, this can never imply any liability for Taiao.
8.4 The User agrees to personally use the access credentials to the app, to keep them secret and confidential, assuming all responsibility for the activities related to his account, and committing to immediately inform Taiao of any theft, loss or illegitimate knowledge by third parties of the Account. The User also assumes sole responsibility for restricting access to his devices. The User assumes sole responsibility for any activity concerning his or her account that is attributable to his or her conduct, failure to act or negligence.
8.5 Use of the site and registration for the app are free of charge.
8.6 Everything related to the operation of the app can be found at https://taiao.fun/en/faq.
8.7 The User may delete his or her account at any time.

9-Limitations of Liability and Indemnities
9.1 The information, software and services, content included or available on the website and/or app and/or channels may contain inaccuracies or errors, despite Taiao taking all reasonable precautions to prevent them at the time of publication. Taiao regularly updates the website, app and channels and may change the published information at any time without prior notice.
Taiao makes no warranties or representations as to the appropriateness, reliability, availability, freedom from viruses (or other components that may cause damage) and accuracy of the information, software, services and related graphics.
9.2 Taio shall under no circumstances be held liable for the conduct of users, partners or sponsors.
9.3 Taiao does not make any commitment regarding the following: (i) that the Site and/or the App and/or the Channels match the User's needs, (ii) that the Site and/or the App and/or the Channels operate in a continuous, timely, secure and error-free manner, or (iii) that the results that are obtained through the use of the Site and/or the App and/or the Channels (including the information and materials therein) are correct, complete, accurate and match the User's needs.
9.4 Taiao assumes no liability for any interruptions or omissions regarding Internet, network or hosting services and does not guarantee that the website and/or app and/or channels are free of viruses or other harmful elements.
9.5 Taiao disclaims all liability with regard to the content of any other website through which, via a link, the User has reached the Website and/or the App and/or the Channels, or which the User has reached via a link on the Website and/or the App and/or the Channels, and can never be held liable for any loss that the User may suffer. The possible presence on the Website and/or App and/or Channels of links to other sites, or in any case of external links, as well as the failure to remove them (to which Taiao remains under no obligation), does not imply an endorsement of them, nor a judgement or guarantee as to the accuracy, timeliness or suitability of the content of the sites or links to which the Website and/or App and/or Channels may refer in any way, and Taiao assumes no responsibility in this regard.
9.6 Taiao can never be held responsible for the information provided by the User.
9.7 Taio can never be held liable for violations of the rights of third parties made by the User.
9.8 The User expressly indemnifies Taiao, on behalf of himself, his heirs and assigns, for any reason whatsoever, and all subjects related to Taiao, and/or present on the website and/or app and/or channels, from any liability and undertakes to hold Taiao harmless from any claim, even from third parties, and from any consequence, even regarding his behaviour while using the app, the website and/or channels. The User agrees to provide any cooperation to Taiao for the protection of its rights and to warn it. Taiao reserves in all cases the right to an independent defence, including against the User, without prejudice to the right to compensation against the User.

10-Modification of conditions
10.1 Taiao reserves the right to amend these terms and conditions at any time: the terms and conditions as amended will apply from the time of publication. If the User continues to access or use the website and/or app and/or channels after such publication, it is assumed that the User has accepted these changes. The User is advised to check the conditions regularly.
Taiao reserves the right, at any time and without prior notice, to remove or make changes or updates to the Website and/or the app and/or the channels. Taiao reserves the right, at any time, with immediate effect, without prior notice, at its sole discretion and for any reason whatsoever, to restrict, refuse or terminate, in whole or in part, access to the Website and/or the app, and/or the channels or part thereof, by any User.

11-Acceptance of Conditions
11.1 Acceptance of these terms and conditions is a prerequisite for registration to the app and in any case for use of the site and/or channels, where required, and must necessarily be provided by the user before registration to the app or in any case when requested.
11.2 In any event, registration for the app implies acknowledgement and acceptance of these rules, as well as access to the site and/or content, where required.
11.3 The User expressly agrees to these terms and conditions, to all terms and conditions contained or referred to herein or to additional terms and conditions and regulations that may be indicated from time to time for access to certain sections of the Site and/or the App and/or the Channels, to use or to purchase specific services and products.

12-Resolutions
12.1 In the event of disputes relating to these terms and conditions, by the user as a consumer, Article 66 of the Consumer Code (Legislative Decree No. 206 of 6 September 2005) shall apply with regard to territorial jurisdiction, if the prerequisites are met.
12.2 In the event that the prerequisites set forth in paragraph 23.1 of these regulations are not met, recourse shall be had to the ordinary criteria set forth in the Code of Civil Procedure (Royal Decree No. 1443 of 28 October 140).
12.3 In all cases in which the law does not provide otherwise, the Court of Lucca shall have jurisdiction for any dispute arising from this agreement.

13-Privacy
13.1 Users who sign up to the app, or, where required, access the site, declare that they have read the information notice pursuant to Article 13 GDPR concerning the processing of personal data for the purposes of managing all the stages and procedures of the competition, without prejudice to their right to exercise their rights pursuant to EU Regulation 2016/679 (Articles 15 to 22).
The Art 13 GDPR information notice remains available for consultation on the Taiao website https://taiao.fun/en/privacy and is also accessible from the side menu of the Taiao app.
13.2 All data provided is processed in accordance with the regulations on the processing of personal data in connection with the operation of the app, and of the site, and the applicable legislation.
13.3 The data are processed within the European Union by the parties involved and authorised for the fulfilment of the compulsory fulfilments provided for by the applicable law and regulation

14-Vexatious Clauses
14.1 Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code the User acknowledges and declares that this document has been carefully analysed and evaluated in each and every one of its parts and, therefore, by signing below, he or she specifically confirms and approves the following articles: 2- Obligations of the user; 3- Obligations and exemptions of the holder; 4- Faculties of the holder; 7- Operation of the site and the app; 8- Methods of use; 9- Limitation of liability and indemnities; 10- Modification of the conditions; 12- Resolution of disputes.