1. Preliminary provisions
1. All subsequent provisions relate to the Internet project of Società Italiana di Monitoraggio, Rome (Italy) that is operated under different Internet domains belonging to Società Italiana di Monitoraggio - hereinafter referred to as "SIM".
5. SIM reserves the right to change, interrupt or withdraw all or individual services temporarily or permanently at any time, and to communicate or not communicate this to the user. The user hereby consents that SIM SpA is not liable towards him or third parties for changes, interruptions or the withdrawal of individual or all services.
6. The Internet services will normally be available 24 hours a day, 7 days a week. SIM endeavours to achieve the highest possible availability of the servers and thus the contents and saved messages, but is unable to guarantee this or commit to specific availability percentages.
7. Every user must release SIM from any liability and from all obligations, charges and claims resulting from libel, insult, violation of personal rights, failure to provide services for users or damage to immaterial assets or other rights. Any costs incurred by the service or its managers, directors, employees, representatives and/or third parties in this regard for appropriate legal defence or action against the third parties will be at the user's expense.
1. Registration in accordance with § 1 (3) does not involve a transfer of property rights or rights of use, licences or other software rights to the user. All rights to the software used, IDs, titles, brands and copyrights as well as other commercial rights of SIM remain with SIM without restriction. All published work results and information are subject to SIM's copyright. This only excludes published work results and information created by the user or a third party and taken over by SIM without any changes to be published on the Internet.
2. The user is solely responsible in terms of press law, competition law and otherwise for the contents he has provided for publication. By registering, the user confirms that he has obtained all rights of use required for placement on the Internet by the owners of copyrights, ancillary copyrights and other rights to the documents and data he has provided or that he is permitted to freely use them.
3. Data protection
1. SIM is particularly concerned about keeping user data secure and protected. SIM undertakes to comply with the legal data protection provisions and the italian Personal Data Protection Code (Legislative Decree no. 196 of 30 June 2003)
2. Personal data is collected, saved, processed and used as part of the contractual provision of services. Personal data is data that contains details on personal or material circumstances of a specific or specifiable user. Such data is saved electronically. Data is also recorded when Internet pages are called up.
3. Upon request, SIM will provide the user with all the information on the data saved relating to the user, free of charge.
4. SIM does not pass on any personal individual data to third parties. An exception is, of course, the publication of the profile in which the user entered data for this purpose and the publication of which the user has agreed to by registering. The user can individually determine at any time to which group of persons his profile is to be displayed in full or anonymously.
6. The user consents to SIM using his anonymised user data for the purposes of consulting, advertising, market research and for the improving and designing the service in a demand-oriented manner.
7. By registering, the user declares his consent for his data to be used in accordance with the provisions above.
4. Conclusion of the contract
1. The user confirms vis-à-vis SIM that he has reached the age of 18.
2. SIM is entitled to check the user's personal data based on suitable official documents. The user therefore promises to send to SIM copies of official documents - the identity card, in particular - upon request.
3. The contract is deemed to be concluded as soon as the user has successfully registered with SIM.
5. Obligations of the users
1. The content of the profile is the sole responsibility of the user.
2. It is not permitted to store in the profiles any content of a sexual or pornographic nature, content that violates accepted moral standards or any politically radical or other illegal content.
3. It is not permitted to create profiles for third parties.
4. It is not permitted to use profiles to commercially advertise for personal purposes or for third parties. This particularly applies to advertisements for other Internet offers or advertisements for chargeable service numbers.
5. It is not permitted to create profiles in order to use the resulting E-mail responses for the purpose of collecting E-mail addresses for commercial use.
6. The user has no legal claim to publication of his contents.
7. The content of responses to profiles is the sole responsibility of the user.
8. All users must treat as confidential E-mails and other messages or other data they receive in connection with using SIM and they must not make these available to third parties without the originator's consent. The same applies for names, telephone and fax numbers, postal and E-mail addresses and/or other users' URLs. It is also not permitted to forward any non-user data.
9. It is not permitted to store in responses any content of a sexual or pornographic nature, content that violates accepted moral standards or any politically radical or other illegal content. It is also not permitted to threaten or disturb others, to violate the rights of others (including personal rights) or to promise or demand cash or cash-equivalent services.
10. It is not permitted to use responses to commercially advertise for personal purposes or for third parties. This particularly applies to advertisements for other Internet offers or advertisements for chargeable service numbers.
11. SIM checks profiles in accordance with the options available for compliance with these usage terms. However, SIM does not accept co-responsibility for the content of the profiles.
6. Dissolution of the contract, termination
1. The user is entitled to withdraw from the contract concluded at any time. The user is not entitled, however, to receive any refund for this.
3. Any incorrect details in the profile made on purpose or with the intent of fraud may lead to civil law action. This causes the contract to be dissolved without delay without any reimbursement of the fee paid to SIM.
7. Liability limitations
1. SIM does not accept liability for damages resulting from the use of its Internet platform, interested parties, users or third parties.
2. SIM does also not accept any liability if its Internet platform is disrupted, functionally impaired or destroyed due to force majeure, strike, lockout, operational disruptions or external structural damage.
3. SIM excludes any warranty for the functionality of the Internet platform and makes no assurances regarding the correctness, suitability, reliability, punctuality or accuracy of the information placed thereon. This particularly applies for the salary details and salary ranges detailed.
4. SIM is not liable in situations where unauthorised third parties obtain knowledge of personal user data (e.g. unauthorised access by "hackers" to the SIM SpA database).
5. SIM is also not liable in situations where third parties misuse details and information made available to them by the users themselves.
6. SIM does not accept responsibility for any delay, deletion, incorrect transfer or storage failure of communication between users or in connection with personally designed areas.
3. In addition to the reference to making available the amended text, the amendment notice must also include the reference to the opportunity to object and the period of objection, as well as the significance or consequences of not objecting. The amendment notice can be sent by E-mail to the E-mail address provided by the user.
9. Other provisions
1. All content of SIM is protected by copyright. It is not permitted to copy or otherwise publish content which includes, in particular, user profiles and E-mail addresses, unless SIM has authorised this in writing.
2. SIM is not liable for damage to computer systems or personal annoyances or damage to users of SIM that is attributable to viewing and using SIM, responding to a profile, a fault of SIM's Internet or hosting provider or to calling up external links (includes advertising banners).
3. SIM may exclude users from further using individual or all offers of SIM or rejecting individual profiles without notice and without having to provide a reason.
4. If an excluded user continues to use SIM's Internet offer - e.g. by assuming a different identity - SIM reserves the right to take legal action.
5. The operation of SIM is at the sole discretion of SIM. SIM is entitled but not obligated to check the content of any text and any photo entered in relation to the guidelines underlying these provisions and, if necessary, to amend or delete it.
6. The contractual relations between the Parties are subject to Italian law.
7. The sole place of jurisdiction is Rome, Italy
11. Revocation instruction
Right of revocation
You can revoke your declaration of intent to conclude the contract without stating reasons in writing (e.g. letter, fax, E-mail) within 2 weeks.
The period commences at the earliest on receipt of this instruction. Sending the revocation within the time limit is sufficient to ensure that the time limit of the revocation is met.
Direct the revocation to:
Società Italiana di Monitoraggio - S.p.A. SIM SpA
Via Ticino, 6 - 00198 Rome - Italy
Consequences of revocation
In the case of an effective revocation, the goods and services received by both sides must be returned and, where applicable, benefits derived must be surrendered (e.g. interest). If you are unable to return the goods and services received in full or in part or only in a deteriorated condition, you must compensate us for lost value if necessary.
Your right of revocation expires prematurely if your contractual partner has started providing this service with your explicit permission before the end of the revocation period or you have arranged for the service yourself (e.g. by means of downloads etc.).
End of the revocation instruction