Platform Terms and Conditions

Last updated03/16/2022


This document contains the general terms and conditions of use of the Street Reporter website which offers an online platform (desktop) for the production, distribution and promotion of images.


1.Definitions

To enable a complete understanding and acceptance of these terms and conditions, the following terms, singular and plural, will have the meaning indicated below:











2. Information on the offer of the Website


The Website provides the Partner with:


a) access to the SR online platform using credentials;


b) dedicated interface for creating and publishing Events;


c) dedicated interface for viewing and selecting the Images sent by the Reporter


d) dedicated interface to view and select the Reporter's Event proposals


e) dedicated control panel to monitor interaction with the Reporter


f) interface to block interaction with the Reporter.


g) complete autonomy in the creation of an Event and selection of Images


since SR does not exercise any editorial control over the Images uploaded to the Platform.



3.Event Creation


3.1 The Partner creates a public Event (Image request) autonomously,

exclusively with the dedicated interface and with your credentials;


3.2 The number of Events (Image requests) that the Partner can create is unlimited;


3.3 The creation of an event by the Partner requires the mandatory entry of:


a) Place; b) Title; c) Topic; d) Tag e) Explanation f) Date and Time g) Event Duration

 and the optional insertion of: h) 1 photo; i) 1 video;


3.4 The Event must be Published via the dedicated button and will appear on the geographical map in the Reporter's Application, at the chosen time and as an Event open to the Reporter;


the Event will close when the set duration ends and will disappear from the geographic map in the Reporter Application.


3.5 The event will be branded with the Partner's logo (indicated in the personal profile and modifiable) and visible to all Reporters within a radius of approximately 15 km.


4.Picture selection


4.1 The Partner views the Images sent by the Reporter, as a response to an Event or as a proposal for an Event, only and exclusively in the dedicated interface and with his/her credentials;


4.2 The Reporter's Event proposal accepted by the Partner may be published on the Platform with the Partner's logo;


4.3 The Partner displays the previews of the Images sent by the Reporter, in low resolution and with invasive SR watermark and decides whether to accept or ignore the images sent by the Reporter.


If the Partner accepts the Images sent by the Reporter, the Reporter's name will be displayed, and the Partner will be able to download on his desktop the Images he deems suitable, in high resolution and with SR watermark in the lower right corner.


4.4 The Partner is not obligated to publish the selected and downloaded Images.


4.5 The Partner must refrain from activities that may lead to a conflict of interest with the Reporter and maintain the impartiality required by this responsibility (for example, the selection of Images sent by its employees..ect)


5.Block a Reporter


5.1 If the Images sent by the Reporter on the Platform are objectionable (see art.7.2), the Viewing Partner can Block the Reporter via a button; in this way the Reporter will no longer view the Events of the Partner who blocked him.


5.2 If the Reporter deems the Blocking unfair, SR will view the Images in question by confirming the Blocking of the Partner or Unblocking the Reporter.



6. Images uploaded to the Platform by the User


The Partner accepts that :


6.1 All Images uploaded and published on the Platform for creating an Event are the property of the Partner, and are protected by intellectual property laws and will not be marked with the Street Reporter logo


6.2 Upon uploading the Images to SR's platform, the Partner grants SR the non-exclusive, unlimited, royalty-free right to exploit the Images for marketing purposes.


6.2 Images uploaded to and posted on the Event Creation Platform do not contain any third party copyrighted material or material subject to any other third party proprietary rights (including rights of privacy or rights of publicity), unless the Partner does not have a formal license or authorization from the rightful owner, or otherwise legally legitimated


6.3 Images uploaded and submitted on the Platform will be compressed to optimize uploading


and still images (i.e. “thumbnails”) will be generated to represent them.


6.4 The Owner is authorized, for an indefinite period, to keep the Images, uploaded by the Partner on the Platform, in SR's computer archives, even when the User's account is cancelled.


6.5 Waiving any economic and non-economic claim, right and legal action against SR in relation to the Images uploaded by the Partner on the Platform and stored in SR's computer archives.


7.Responsibilities Creating a Public Event


The Partner who creates a public Event on the Platform accepts :


7.1 You will not violate any applicable law or regulation in relation to your use of the Platform;


7.2 The Images are not defamatory, pornographic, obscene, indecent, inappropriate, invasive of privacy or publicity rights, abusive, harassing, threatening, bullying or otherwise objectionable.


7.3 The Images and the Event do not contain or imply any violation of privacy.


7.4 The Event is correct, real, believable and not staged with the intention of creating


 aggregation of people and public disorder, with political or religious purposes.


7.5 SR does not endorse any Image, opinion, judgment, opinion, notice and recommendation of the Partner, expressly declining any responsibility in this regard


7.6 SR is in no way identifiable with the creator of the Event


7.7 Waiving any claim, right and legal action against SR in relation to the Images that may involve the dissemination of inaccurate, incomplete, false and/or in any case harmful to one's own rights or those of third parties.


8. Responsibility for Images submitted by the Reporter


8.1 The ownership rights of the Images sent through the Application by the Reporter on the SR platform are owned by the Reporter who uploaded them through his account, and he is responsible for these Images and for the consequences of their publication.


8.2 SR declines all responsibility in relation to such Images, their confidentiality, publication and diffusion;


8.3 SR's platform does not allow you to review or edit the Images for legal reasons and SR is unable to determine the legality of the Images.


8.4 SR does not exercise any editorial control over the Images that are available on the Platform and, therefore, does not guarantee their reliability, validity, accuracy or truthfulness in any way.


8.4 By accessing the Images, the Partner relies, at its own risk, on the information provided by the Reporter.


8.5 The Partner has the obligation to evaluate whether the Images have the prerequisites (art.7) for a possible online publication, and to intervene where they do not exist (for example, blurring people's faces or car license plates..etc .)



9.License


9.1 The rights to exploit the Images, uploaded to the Platform by the Reporter,


 it is transferred by the Reporter to the Owner, for an indefinite period, royalty-free, worldwide, non-exclusive and transferable to third parties.


9.2 SR grants the Partner (see art.9.1), royalty-free, the non-exclusive right to exploit the Images (sent by the Reporter in response to an Event, created and published by the Partner, on the Platform) for 1 (one) single publication online on the web address that will be indicated when the account is opened, in the user license agreement to be signed.


9.3 The Partner may only use the Images for editorial purposes and in connection with the editorial content. This means that the use of the Images must be connected to, or in relation to, events of journalistic, entertainment or public interest value; therefore the images cannot be used for commercial purposes, including, but not limited to, activities such as advertising, marketing and other activities directly related to commerce.


9.4 If the Partner has subsidiaries or affiliates, the Partner may only use the Images within its own legal entity. Use in another legal entity requires the opening of a new account for that legal entity.


9.5 The publication of the Images sent (by the Reporter) to the Partner is permitted only in digital format on the web and with a visible SR watermark and mention of the Reporter; any other form of publication is not permitted (paper, television, ..)


9.6 The Partner is authorized to crop the images (one third as a maximum crop) without changing their nature or meaning; if the Partner were to cut out the SR watermark, having regard to Article 9.5, the Partner is still obliged to report the following mention next to the Images or in the visual reproduction credits: "streetreporter.it/Name Reporter".


9.7 The Partner is not obliged to publish the Images selected and downloaded from the Platform on his desktop or hard drive, therefore the Reporter has the right to share or transfer his Images to third parties, offline and online, outside the Platform SR.


10.Scope of application of the Conditions


10.1 The use of the Platform implies the acceptance of the Conditions by the Partner. If the Partner does not intend to accept the Conditions and/or any other note, legal notice, information published or referred to therein, he will not be able to use the Platform or the related services.


10.2 The Conditions can be modified at any time. Any changes will be effective from the moment of their publication on the Platform.


10.3 Before using the Platform, the Partner is required to read the Conditions carefully and to save or print them for future consultation.


10.4 The Owner reserves the right to vary at its discretion, at any time even after the Partner's registration, the graphic interface of the Platform, the contents and their organization, as well as any other aspect that characterizes the functionality and management of the Platform , communicating to the Partner, where necessary, the relative instructions.


11.Registration


11.1 To take advantage of the features of the Platform, Partners must register by truthfully and completely providing all the data requested in the relevant registration form and fully accept the privacy policy (see ANNEX 1) and the Conditions.


11.2 The User's access credentials will be activated after the approval of the Owner, who will communicate via email the subscription methods with details on costs and duration, through a User License agreement.


11.3 The Partner has the duty to keep his access credentials which must be used exclusively by the Partner and cannot be transferred to third parties. The Partner undertakes to keep them secret and to make sure that no third party has access to them and to immediately inform the Owner in the event that he suspects or becomes aware of an improper use or undue disclosure of the same.


11.4 The Partner guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to hold the Owner harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by part of the Partner of the rules on registration on the Platform or on the conservation of registration credentials.


12.Account Cancellation and Termination


12.1 The registered Partner can stop using the Platform at any time; request account deactivation or cancellation through the Website interface, if possible, or by sending a written communication to the e-mail address info@streetreporter.it.


12.2 Deletion of your Account will result in the loss of all created and accepted events, including images and control panel data;


12.3 the deactivation of the subscription or the withdrawal from the same does not involve the simultaneous cancellation of the account up to a maximum of 40 days.


12.4 In the event of a violation by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or terminate the Partner's account at any time and without notice.



13. Industrial and Intellectual Property Rights


13.1 All the contents of the Platform and, including texts, documents, trademarks, logos, images, graphics, their arrangement and their adaptations are protected by copyright legislation and by the legislation protecting trademarks.


13.2 The Platform may also contain images, documents, logos and brands of third parties that have expressly authorized the Owner to publish them on the Platform.


13.3 Except for strictly personal uses, it is not permitted to copy, alter, distribute, publish or use the Contents without specific authorization from the Owner.


14.Exclusion of Warranty


14.1 The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Platform, nor does it provide any guarantee that the Platform will be able to meet the needs of the Partner or that it will never interruptions or will be free from errors or that it will be free from viruses or bugs.


14.2 The Owner will work to ensure that the Platform is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Platform is not accessible and/or operational at any time or for any period. Access to the Platform may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the Owner's will or due to force majeure events.



15. Limitation of Liability


15.1 The Owner cannot be held responsible towards the Partner, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network beyond its control or that of its suppliers.


15.2 Furthermore, the Owner will not be liable for damages, losses and costs suffered by the Partner following the non-execution of the contract for reasons not attributable to him.


15.3 The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards and other means of payment,


15.4 The Owner will not be responsible for:


any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the Partner that is not a direct consequence of the breach of the contract by the Owner


incorrect or unsuitable use of the Application by Users or third parties


15.5 Under no circumstances can the Owner be held responsible for a sum exceeding double the cost paid by the Partner.



16. Force majeure


16.1 The Owner cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.


16.2 The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.


16.3 The Owner will perform any act in his power in order to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.



17.Linking to Third Party Sites


17.1 The Platform may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.


17.2 Some of these links may refer to third party sites/applications that provide services through the Platform. In these cases, the general conditions for the use of the site/application and for the use of the service prepared by third parties will apply to the individual services, with respect to which the Owner assumes no responsibility.




18.Privacy


18.1 The protection and processing of personal data will take place in compliance with the Privacy Information which can be consulted in ANNEX 1 which the Partner declares to have read with the acceptance of this contract.



19.Applicable law and jurisdiction


19.1 The Conditions are subject to Italian law.


19.2 For Professional users, for any dispute relating to the Platform, execution and interpretation of these Conditions, the court of the place where the Owner is based is competent.


19.3 For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right to Consumer User to appeal to a judge other than that of the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19 and 20 of the civil procedure code.


19.4 Without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising of the right of withdrawal, at the deadline for returning the Products, in case of exercise of this right, the methods and formalities of communicating the same and the legal guarantee of conformity.




20. Online Dispute Resolution for Consumer Users


The Consumer User residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or deriving from contracts for the sale of goods and the supply of services entered into on the web. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: ec.europa.eu/consumers/odr/




ATTACHMENT 1

Privacy Policy

The purpose of this document is to inform the natural person (hereinafter "Data Subject") about the processing of his/her personal data (hereinafter "Personal Data") collected by the data controller, Street Reporter srl, with registered office in via Marco Simone 80, 00012, Guidonia Montecelio (Roma), Tax Code/VAT No. 15923411001, e-mail address info@streetreporter.it, (hereinafter "Data Controller"), via the application Street Reporter (hereinafter "Application").


Changes and updates will be effective as soon as they are published on the Application. In case of non-acceptance of the changes made to the Privacy Policy, the Data Subject shall stop using this Application and may ask the Data Controller to delete his/her Personal Data.


1.Categories of Personal Data processed

The Data Controller processes the following types of Personal Data voluntarily provided by the Data Subject:



The Data Controller processes the following types of Personal Data collected automatically:





If the Data Subject decides not to provide Personal Data for which there is a legal or contractual obligation, or if such data is a necessary requirement for the conclusion of the contract with the Data Controller, it will be impossible for the Data Controller to establish or continue any relationship with the Data Subject.


The Data Subject who communicates Personal Data of third parties to the Data Controller is directly and exclusively liable for their origin, collection, processing, communication or divulgation.


2.Cookies and similar technologies


Cookies are not used for the transmission of personal information, and neither are persistent cookies of any kind used, i.e. systems for tracing the Data Subjects. Therefore, the Application does not acquire the Personal Data of the Data Subjects using these technologies. Use is made of session technical cookies (not persistent), strictly limited to what is necessary for the safe and efficient navigation of the Application.


3.Legal basis and purpose of data processing


The processing of Personal Data is necessary:

a. for the performance of the contract with the Data Subject and especially:

  1. fulfillment of any obligation arising from the pre-contractual or contractual relationship with the Data Subject
  2. registration and authentication of the Data Subject: to allow the Data Subject to register in the Application, to access it and to be identified in it, also via external platforms
  3. support and contact with the Data Subject: to answer the Data Subject's requests


b. for legal obligations and especially:


  1. the fulfilment of any obligation provided for by the applicable norms, laws and regulations, in particular, on tax and fiscal matters


c. for the legitimate interest of the Data Controller, for:


  1. marketing purposes by e-mail of products and/or services of the Data Controller  to directly sell the Data Controller's products or services using the email provided by the Data Subject in the context of the sale of a product or service similar to the one being sold
  2. management, optimization and monitoring of the technical infrastructure: to identify and solve any technical issue, to improve the performance of the Application, to manage and organize the information in a computer system (e.g. server, database, etc.)
  3. security and anti-fraud: to guarantee the security of the Data Controller’s assets, infrastructures and networks
  4. anonymous data based statistics: in order to carry out statistical analysis on aggregated and anonymous data in order to analyze behaviors of the Data Subject to improve products and/or services provided by the Data Controller and better meet the expectations of the Data Subject


d. on the basis the Data Subject's consent, for:


  1. detection of the exact location of the Data Subject: to detect the presence of the Data Subject, to control logins, times and presence of the Data Subject in a specific place, etc.


The Data Subject's Personal Data may also be used by the Data Controller to protect itself in judicial proceedings before the competent courts.


4.Data processing methods and receivers of Personal Data


The processing of Personal Data is performed via paper-based and computer tools with methods of organization and logics strictly related to the specified purposes and through the adoption of appropriate security measures.


Personal Data are processed exclusively by:




The subjects listed above are required to use appropriate measures and guarantees to protect Personal Data and may only access data necessary to perform their duties.


Personal Data will not be indiscriminately shared in any way.


5.Place


  1. Personal Data will not be transferred outside the territory of the European Economic Area (EEA).


6.Personal Data storage period


Personal Data will be stored for the period of time that is required to fulfill the purposes for which it was collected. In particular:






At the end of the conservation period, all Personal Data will be deleted or stored in a form that does not allow the identification of the Data Subject.


7.Rights of the Data Subject


Data Subjects may exercise specific rights regarding the Personal Data processed by the Data Controller. In particular, the Data Subject has the right to:












In order to use their rights, Data Subjects may send a request to the following e-mail address info@streetreporter.it. Requests will be immediately treated by the Data Controller and processed as soon as possible, in any case within 30 days.


last update 30/03/2022