TERMS OF SERVICE
The following terms and conditions of use are intended to regulate the services related to Equity Based Crowdfunding and offered from THE ING PROJECT SRL, with VAT number 03502250982 and registered office at Borgo Pietro Wuhrer 123, Brescia, through the portal owned by the Company attributable to the URL and www.200crowd.com.
With the use of the website (visit, navigation, subscription), you agree to be bound by the conditions set out in this agreement. This agreement extends to all users of the Site and / or the service, including users who are also contributors only, informants, technicians, and users and / or bearers of materials and / or services on the site.
"THE ING PROJECT SRL", "Two Hundred", "The Company" The company that provides the service covered by this Agreement.
"Content" includes, without any limitation, any User Submissions such videos, audio clips, comments in forums, writing articles, background information, data, text, photographs, software, scripts, graphics, and interactive features, provided, or otherwise made accessible by of society.mazioni varie, dati, testi, fotografie, software, script, grafica e funzionalità interattive, forniti, o altrimenti resi accessibili da parte della società.
"Projects Creator": the parties, individual or company that, after registering at the site, submit their projects for the publication of the same on the portal.
"Projects" is uploaded by the "Project Creator"; has a certain end and is carefully planned to achieve its objective and be concluded. Is something that is executed according to a plan and is known as a result.
"Equity Based Crowdfunding": the main activity of the site.
"Service" means the use of the site in any mode (navigation, registration, projects publication), the payment of any further service by the Company.
"Site", "Website": the / domains owned by the Company.
"Users" means persons, individual or company that, by accepting this TOS, use the site and / or services provided by the Company.
"Third parties" third parties applications that interact with the portal for the delivery of services.
The company is dedicated to the management of Crowdfunding portals, in various forms permitted by law.
- Specifically, the so called portal Two Hundred, as part of its main activity, provides a selection, publication, promotion, project management for the achievement of which the creators publicly require a financial contribution. In compliance with the law, projects that violate the following guidelines will be rejected and the profiles of the creators deleted from the portal:
- The projects must have a clear intention of entrepreneurship.
- You can not apply for grants for projects of a personal nature.
- We will not accept projects related to the following categories, or who are content to refer to: Alcohol, Sex, Drugs, Guns, Gift Cards, Cash Prizes, Riffe, Lotteries, offensive material, pornographic material.
- The Company reserves the right to select projects, adhering to the principles set out above; also during the process of selection, one or more members of the company, may request additional information, editing or deleting of contents posts by projects' creators.
- In no event shall the company, or the members thereof, be held responsible for the success of the fundraising.
ACCEPTANCE OF SERVICE 1
The portal will provide a report to the e-mail address provided by the User registered at the time of acceptance of this Agreement, all the information and instructions necessary for the successful completion of the requested operation. It is understood that any change to the email address of the Registered User will have to be informed promptly communicated to the portal which, in the absence of any such communication, legitimately continue to fullfill their duties using the e-mail even obsolete.
In order to use the service it is necessary to register by entering the requested information in the registration form provided on the portal.
Each User acknowledges and agrees to be responsible for maintaining the confidentiality of his/her password which, together with the respective Login ID e-mail address, allow to access the Service.
By providing your email address, you agree to receive all the necessary communications by e-mail address and is committed, under its responsibility, to update or change that address, as appropriate. The communications will be provided in the HTML text of the e-mail or through a link to the appropriate page on the Portal.
In the event that the User becomes aware of any unauthorized use of your registration information, you agree to immediately notify this fact to the company by e-mail info[at]theingproject.com.
With the completion of registration, You agree to provide true, correct data and to be produced on further demand.
n the case of registration as a Company, User declares to be the legal representative of the same, and having received the necessary powers of representation with third parties.
REQUIREMENTS, RESTRICTIONS AND RESPONSIBILITIES OF THE CLIENT
The Company is not responsible for the content of the information disclosed by the client on the network, and is not liable in any way for damage caused directly or indirectly from the services provided;
By way of explanation, the user should not (and may also not allow third parties to) engage in conduct intended to upload, download, post, or distribute or facilitate distribution of any Content on or through the Service, including without limitation any user submitted material that:
- involving patent infringement, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual obligations;
- present elements and / or content misleading, untruthful or inaccurate;
- present aspects and / or content that is unlawful, threatening, abusive, harassing, defamatory, slanderous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene or offensive;
- aspects and / or elements that constitute unsolicited advertising, unauthorized, represent and promotional materials, spam, or chain letters;
- issues and / or items that contain viruses or any other computer code, files or programs designed or intended to destroy, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment, or cause damage to obtain ' unauthorized access to any system, data, password or other information of Company or third parties;
The user may not also perform mail-list, and any form of auto-responder, or "spam" on the Service, or activate devices using manual or automated software, or other processes would adversely affect the operation of the Service;
The user undertakes not to decipher, decompile, disassemble, reverse engineer or otherwise groped to extract secret codes and / or confidential ideas or algorithms of any part of the Service, except to the limited extent permitted and, modify, translate, or create derivative works derived from any part of the Service, or otherwise copy, rent, lease, distribute or otherwise transfer any right. Must also be complied with all applicable local, state, national and international regulations.
The company assumes no responsibility regarding the availability, on-site or through the service, of any Content uploaded by Users. The Company undertakes to monitor the site, services, content, and material posted by users. However, we reserve the right to remove or modify any Content in its sole discretion, without limitation; and that at any time, without notice and for any reason.
User agrees not to store sensitive data on the site, and to take charge of the responsibilities arising from lack of protection of the data entered, with the exception of personal data necessary to create the account; it also undertakes to take the utmost care of alphanumeric codes (password) needed for the operation of the service, not transferring them to third responding, therefore, of the custody of them;
Is mandatory for the user to follow the laws and principles of the informatics law, such as fairness, respect, transparency, professionalism and protection of the various interests involved;
The user must operate with maximum transparency, pledging to avoid any possible misunderstanding in the common interest;
Is forbidden the use of information or tools that can create misunderstandings and / or misleading and / or confusing other users;
OBLIGATIONS AND LIMITATIONS OF LIABILITY FOR PLATFORM MANAGEMENT
The Company is committed to maintaining the efficiency of the service: in case it was forced to interrupt the service for exceptional events or for maintenance, the Company will take care to restore service as quickly as possible to minimize the risk of disruption of all kinds. The Company will establish procedures for access to services, and reserves the right to improve them at any time, in order to increase power efficiency. Two Hundred will provide users all the technical specifications in order to access these services.
In no case Two Hundred is considered responsible for the failure of service, caused by failure to telephone lines, electrical, and / or otherwise transfer to other instruments online, such as failures, overloads, outages, and in any case not due to any employee from his behavior.
In particular Two Hundred shall not be considered liable for failure to perform its obligations due to causes outside the sphere of the company's control, or by reason of majeure force.
Two Hundred shall not be considered responsible for infringements of third parties which affects the operation of the service provided, including slow speed, or the failure of telephone lines and computer networks that traffic telematics.
Majeure forces, catastrophic events and unforeseeable circumstances.
The Operator is not responsible for the failure or malfunction of any kind on its own website, which is caused by fire, explosion, earthquake, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, insurrection, riot, strike, any other cause unpredictable and exceptional cause of providing the agreed service.
LIMITATIONS AND EXCLUSIONS OF WARRANTY OF THE COMPANY
You acknowledge and agree that the Company has no responsibility and / or control: users who access the Site; content to which you may access through the Site; effects of the users; interpretation and / or use of the content; content on the site and related information that some people may find offensive or inappropriate. The Operator makes no representations concerning any content accessed through the site, and the Company shall not be liable for the accuracy, copyright compliance, legality or decency of material contained made accessible through the Site or the Service.
The service is offered in the state of fact and law under these conditions, without warranties of any kind, express or implied, for which we assume no responsibility. Two Hundred shall not be liable for the privacy of e-mail addresses for the registration and identification information, disk space, communications, confidential information or trade secrets, or any other content stored on the Portal, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service. You agree to defend, indemnify and hold harmless Two Hundred, its affiliates, employees, directors, and actors who work in any capacity on behalf of the Company from all liabilities, claims and expenses, lawsuits, which may arise, or they were referring to the use or improper use of the site, services, content, or otherwise in violation of terms of usage, or infringement by User, or third-party use of any intellectual property or other right of any person or entity. Two Hundred may allow you to link to other websites or resources on the Internet, and other websites 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 Two Hundred, and you acknowledge that the Company is not responsible for the content, functions, accuracy, legality, opportunity or any other aspect of such websites or resources. The inclusion of any link does not imply endorsement by the Company or any association with its operators. The User agrees that Two Hundred shall not be 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 such Content, goods or services available on or through any website or resources.
The service is free of charge for the following activities:
- Accessing the Service
- Project's publication and display on the portal
- Usage all of the tools provided by the portal
The Company will bill directly to the creator of the project, upon receipt of a sum equal to the percentage of 6% (plus 22% VAT).
You are responsible for paying all fees and applicable taxes, related to the use of the site.
Upon submission of the project and the acceptance of this TOS, project's creator, agree to receive financial contributions allocated to his project, carried out by other Users of the Portal and finally delivered at the successful ending of the campaign, or rather at the achievement of economic target, through Banco Popolare the third party predisposed to the collection and effective management of financial contributions received from the Project on the Portal owned by the Company. The Company is relieved from any responsibility for any act or omission relating to his project. Accepting these TOS, you declare that understood that the Portal is only a means of connection between projects creators and stakeholders to contribute to that they come to life.
The portal applies the method All-or-Nothing at all published projects; this is to determine and achieve the feasibility of a project on two objective factors: the end date of fundraising, and the target amount of the offer, this information will no longer be modified nor by creator itself, or by the Company, once published the project on the Site, except unquestionable assessments by the team work of Two Hundred in relation to events of a technical or exceptional nature.
The offer then finalizes properly only when the amount established is reached, or exceeded, before the deadline specified in the project.
When this is done successfully the project finalize and the economic contributions of the Members shall be paid to the creator of the project, net of the fee of 6% (as indicated in sect. Fees) in respect of the Portal and other tax obligations when due.
The company in no case will hold for any reason, sums of money to the creators of the projects, other than the costs set out in the section Fees, and accepted for publication in the project.
Two Hundred states in 90 days the maximum period for the completion of projects. This timetable will run from the date of approval of the project by the selection team.
Two Hundred has no obligation to monitor and control the performance or punctuality of projects. Two Hundred, is also not responsible for damage or loss suffered as a result of these negotiations.
All the relationships established are rooted solely between you and such organizations and / or individuals. Two Hundred is not obligated in any disputes or negotiations or disputes that may arise between supporters and creators of the project, or between site members and third parties. In the event of a dispute, you expressly relieve the Company, its officers, employees, agents from all claims, damages and demands of every kind, known or unknown, suspected or otherwise, disclosed or reserved, arising directly and / or indirectly by such disputes, however.
In any case Two Hundred shall not be held responsible for the actions driven by and / or against a creator of a project. Two Hundred reserves the right to cancel the projects deemed unfit to remain on the site for any reason.
The Company will provide, through a special procedure on the Portal and the Control Panel of the Project, addresses, modes of communication, the names and amounts of individual economic contributions of members who have supported the projects.
The Company will remain completely alien and not subject to any kind of responsibility and obligation to respect every aspect of tax, accounting and / or tax related and / or otherwise attributable to the management of the amount received by the advertisers as an offering by supporters.
The Portal reserves in any case the right to cancel, terminate or suspend an advertisement at any time, for any reason.
The creator of the project that will receive the amount collected during the period of publication of the draft of the Two Hundred will become sole owner. Will be liable for the tax regularization of the amount received in relation to their tax position and pay. After successful crediting of funds due to the creator of the project and to pass data of supporters, the relationship between Two Hundred and creator of the project will be considered definitively concluded.
CONTENT AND INTELLECTUAL PROPERTY
You acknowledge and agree that the Website may include materials and information protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. The user therefore undertakes to respect and preserve all the information copyright notices, information and restrictions contained in any Content accessed through the Portal. The Company may, at its option, terminate the accounts of users who infringe the intellectual property rights of others.
- The Portal allows uploading, sharing, editing and saving of information material, multimedia content, texts and everything else the creator of the project deems appropriate load in the section prepared for publication on the portal.
- Is sole responsibility of the user for the property's rights in the uploaded content.
- The Company is not in any way responsible for the ownership of the rights to the content uploaded by users.
- The Company in any case shall be the owner of the rights related to the content of the material posted on the site by the creator of the projects.
- Creator of the projects also grants the operator of the site the right to use the material loaded for the promotion, publishing and sharing on the site or on third-party applications projects.
- All provisions of the TOS, by their nature survive termination and shall survive termination, including, without limitation, the provisions relating to the ownership, warranty disclaimers, indemnity and limitations of liability.
The Company reserves the right to remove or modify any Content in its sole discretion, without limitation; and that at any time, without notice and for any reason.
The Company will not sell your data to third parties.
This agreement means resolved automatically when the user is in default in any of the obligations entered into; allowing the Company to suspend the service, plus the ability to take legal action against the User to claim additional damages.
Conditions of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by the laws of the Italian State, without giving effect to any principles of conflicts of law. You agree that any legal action and / or controversies that may arise or result from the application of this Agreement, the jurisdiction for the territory is solely that of the Court of Milan