Your acceptance and Koinup services
Koinup is a web service for community creation and uploading several kind of contents
generated by users, which will be called user submission in these terms and condition.
User submission include, but are not limited to: video, pictures, illustration,
audio file, storytelling, text, comment, email, url, tags. Koinup is a web service
created by Koinup Srl (Koinup S.r.l., Via Romanino 12 - 25122 Brescia, Italy) which
allow its users to create personal profile and upload different kind of contents,
generically described as User Submissions Services provided by Koinup include all
the contents included in domain www.koinup.com and other affiliated domains. These
resources will be called "services"
By using and/or visiting this website (collectively, including all content available
through the Koinup.com domain name, the "Koinup website", or "website"), you signify
notice, which are published
and which are incorporated herein by reference, and the
which are incorporated here with by reference.
who are also contributors of contents, informations, and other materials or services
on the Website, which could be named as Koinup members or registred users. The Koinup
Website may contain links to third party websites that are not owned or controlled
by Koinup. Koinup has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party websites. In addition, Koinup
will not and cannot censor or edit the content of any third-party site. By using
the Website, you expressly relieve Koinup from any and all liability arising from
your use of any third-party website.
Koinup reserves the right at any time to change the terms, conditions and notices
under which its services are offered, including but not limited to these Terms of
Use, by posting such changes online. It is your responsibility to refer to and comply
with these updated terms and conditions upon accessing the site. Your continued
use of this site after changes are posted constitutes your acceptance of these terms
and conditions as modified.
A. Koinup hereby grants you permission to use the Website as set forth in this Terms
of Use, provided that: (i) your use of the Website is solely for your personal,
noncommercial use; (ii) you will not copy or distribute any part of the Website
in any medium without Koinup prior written authorization; (iii) you will not alter
or modify any part of the Website other than necessary to use the Website for its
intended purpose and (iv) you will otherwise comply with the terms and conditions
B. In order to access some features of the Website, you will have to create an account.
You may never use another's account without permission. When creating your account,
you must provide accurate and complete information. You are solely responsible for
the activity that occurs on your account, and you must keep your account password
secure. You must notify Koinup immediately of any breach of security or unauthorized
use of your account. Although Koinup will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the losses of Koinup
or others due to such unauthorized use.
These terms and condition allow not registred users to search, browse and send to
friends contents in Koinup. To access other features of the Website, you will have
to create an account. With a personale account, you can upload contents, send messages,
interact with contents posted in Koinup.
C. You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner
that sends more request messages to the Koinup servers in a given period of time
than a human can reasonably produce in the same period by using a convention on-line
Notwithstanding the foregoing, Koinup grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose of
creating publicly available searchable indices of the materials, but not caches
or archives of such materials. Koinup reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website, nor to use
the communication systems provided by the Website for any commercial solicitation
purposes. You agree not to solicit, for commercial purposes, any users of the Website
with respect to their User Submissions.
You agree not to create and spread in Koinup programs or material that contain malicious
code, such as viruses, cancelbots, worms, trojan horses or other potentially harmful
programs or other material or information;
You agree not to modify, disrupt, impair, alter or interfere with the use, features,
functions, operation or maintenance of the Site or the rights or use and enjoyment
of the Site by any other person, firm or enterprise;
You agree not to collect, obtain, compile, gather, transmit, reproduce, view or
display any information, whether personally identifiable or not, concerning any
other person, firm or enterprise, in connection with their or your use of the Site,
unless you have obtained the express, prior permission of such other person, firm
or enterprise to do so.
You agree also that you may not attempt to gain unauthorized access to any portion
or feature of the Site, mainly other users' accounts, names, passwords; violate
or solicit others to violate any laws, regulations , judicial or governmental order,
any treaties or violate or infringe upon any intellectual property rights, rights
of publicity or privacy, or any other rights of ours or of any other person, firm
Intellectual Property Rights
A. All materials published on our sites, except all users submissions, including,
without limitation, software, scripts, graphics, photos, sounds, music, videos,
interactive features trademarks, service marks, logos, sound clips, video clips,
flash animation, names, articles, post in the blog, tutorials, columns, artwork
and software are protected by our copyrights or trademarks or those of our partners.
Except as specifically provided herein, you may not modify, publish, transmit, participate
in the transfer or sale of, reproduce, create derivative works of, distribute, publicly
perform, publicly display, copy, download, post or in any way exploit any of the
materials or content or our sites in whole or in part. These copyright contents
are subject to the italian copyright law and international conventions.
You agree to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, ordistribution
of User Submissions of third parties obtained through the Website for any commercial
B. The Koinup Website allow users to submit several kind of contents ("User Submissions")
and offer its members the hosting, sharing, and/or publishing for such User Submissions.
You understand that whether or not such User Submissions are published, Koinup does
not guarantee any confidentiality with respect to any submissions. You are solely
responsible for all materials, whether publicly posted or privately transmitted,
that you upload, post, email, transmit or otherwise make available on our sites
You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Koinup to use all patent, trademark,
trade secret, copyright or other proprietary rights in and to any and all User Submissions
to enable inclusion and use of the User Submissions in the manner contemplated by
and/or permission of each and every identifiable individual person in the User Submission
to use the name or likeness of each and every such identifiable individual person
to enable inclusion and use of the User Submissions in the manner contemplated by
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to Koinup, you hereby grant Koinup a
worldwide, non-exclusive, royalty-free, sublicenseable and transferable license
to use, reproduce, create derivative works of, distribute, publicly perform, publicly
display, transfer, transmit, distribute and publish that content for the purposes
of displaying that content on Koinup website or for any other non-commercial use.
Other kind of uses (commercial uses) will require the authors approval. The foregoing
license granted by you terminates once you remove or delete a User Submission from
the Koinup Website.
C. In connection with User Submissions, you further agree that you will not: (i)
submit material that is copyrighted, protected by trade secret or otherwise subject
to third party proprietary rights, including privacy and publicity rights, unless
you are the owner of such rights or have permission from their rightful owner to
post the material or these contents are based on licenses which allow other users
to share them and to grant Koinup all of the license rights granted herein; (ii)
publish falsehoods or misrepresentations that could damage Koinup or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening,
pornographic, harassing, hateful, racially or ethnically offensive, or encourages
conduct that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations
of business; (v) impersonate another person. You further agree that you will not
include substantial part of copyright works inside your videos or other kind of
representations except the case you have the authorization to do it.
D. Koinup does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and Koinup expressly disclaims any and all liability in
connection with User Submissions. Koinup does not permit copyright infringing activities
and infringement of intellectual property rights on its Website. Koinup retain the
right to remove all Content and User Submissions if properly notified that such
Content or User Submission infringes on another's intellectual property rights.
Koinup reserves the right to remove Content and User Submissions without prior notice.
Koinup will also terminate a User's access to its Website, if they are determined
to be a repeat infringer. We define a repeat infringer as a User who has been notified
of infringing activity more than twice and/or has had a User Submission removed
from the Website more than twice
Koinup also reserves the right to decide whether Content or a User Submission is
infringement and violations of intellectual property law, such as, but not limited
to, pornography, obscene or defamatory material, offensive or immoral. Koinup may
remove such User Submissions and/or terminate a User's access for uploading such
at its sole discretion. Koinup also reserve the right to change at its discretion
nick names of users.
Koinup also reserves the right to delete or edit any metadata
linked to user submission, as tag, descriptions and text if it retain they are inappropriate
or otherwise contrary to this term of uses conditions. Moreover, Koinup reserves
the right to add titles, tags and descriptions to user submissions, in order to
improve the experience of visitors and members.
You agree not to download any Koinup contents on your harddisk or other physical
support as Mp3 reader, portable console, notebook, etc. All the contents are visible
only in streaming. Any download of user submissions and other contents are not allowed,
except downloads that are clearly expressed.
E. If you are the owner of some copyright work and if you believe that any Content
in which you claim copyright has been infringed by anyone using Koinup.com, please
contact Koinup , and provide the following information:
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or (if multiple
copyrighted works at a single on-line site are covered by a single notification)
a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit Koinup to locate the material;
Information reasonably sufficient to permit Koinup to contact the complaining party;
A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent,
or the law; and A statement that the information in the notice is accurate and,
under penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Koinup copyright agent for notice of claims of copyright infringement on or regarding
Koinup can be reached as follows: By email at:
or by phisical communication at:
Via romanino 12
25122 Brescia, Italy
F. You understand that when using the Koinup Website, you will be exposed to User
Submissions from a variety of sources, and that Koinup is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to
such User Submissions. You further understand and acknowledge that you may be exposed
to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Koinup with respect thereto, and agree to indemnify
and hold koinup, its Owners/Operators, affiliates, and/or licensors, harmless to
the fullest extent allowed by law regarding all matters related to your use of the
G. Koinup permits you to link to materials on the Website for personal, non-commercial
purposes only. In addition, Koinup provides an "Embeddable Player" feature, which
you may incorporate into your own personal, non-commercial websites for use in accessing
the materials on the Website, provided that you include a prominent link back to
the Koinup website on the pages containing the Embeddable Player. Koinup reserves
the right to discontinue any aspect of the Koinup Website at any time.
You agree that your use of the Koinup website shall be at your sole risk. To the
fullest extent permitted by law, Koinup, its officers, directors, employees, and
agents disclaim all warranties, express or implied, in connection with the website
and your use thereof Koinup makes no warranties or representations about the accuracy
or completeness of this site's content or the content of any sites linked to this
site and assumes no liability or responsibility for any (i) errors, mistakes, or
inaccuracies of content, (ii) personal injury or property damage, of any nature
whatsoever, resulting from your access to and use of our website, (iii) any unauthorized
access to or use of our secure servers and/or any and all personal information and/or
financial information stored therein, (iv) any interruption or cessation of transmission
to or from our website, (iv) any bugs, viruses, trojan horses, or the like which
may be transmitted to or through our website by any third party, and/or (v) any
errors or omissionsin any content or for any loss or damage of any kind incurred
as a result of the use of any content posted, emailed, transmitted, or otherwise
made available via the Koinup website. Koinup does not warrant, endorse, guarantee,
or assume responsibility for any product or service advertised or offered by a third
party through the Koinup website or any hyperlinked website or featured in any banner
or other advertising, and Koinup will not be a party to or in any way be responsible
for monitoring any transaction between you and third-party providers of products
or services. as with the purchase of a product or service through any medium or
in any environment, you should use your best judgment and exercise caution where
appropriate. Koinup don't guarantee that the website and its services will be available
in the future. Koinup makes non warranties of any lost occurring in relation to
the downtime of our servers and services.
Limitation of liability
In no event shall Koinup, its officers, directors, employees, or agents, be liable
to you for any direct, indirect, incidental, special, punitive, or consequential
damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from
your access to and use of our website, (iii) any unauthorized access to or use of
our secure servers and/or any and all personal information and/or financial information
stored therein, (iv) any interruption or cessation of transmission to or from our
website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted
to or through our website by any third party, and/or (v) any errors or omissions
in any content or for any loss or damage of any kind incurred as a result of your
use of any content posted, emailed, transmitted, or otherwise made available via
the Koinup website, whether based on warranty, contract, tort, or any other legal
theory, and whether or not the company is advised of the possibility of such damages.
the foregoing limitation of liability shall apply to the fullest extent permitted
by law in the applicable jurisdiction.
You specifically acknowledge that koinup shall not be liable for user submissions
or the defamatory, offensive, or illegal conduct of any third party and that the
risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless Koinup, its parent corporation,
officers, directors, employees and agents, from and against any and all claims,
damages, obligations, losses, liabilities, costs or debt, and expenses (including
but not limited to attorney's fees) arising from: (i) your use of and access to
your violation of any third party right, including without limitation any copyright,
property, or privacy right; or (iv) any claim that one of your User Submissions
caused damage to a third party. This defense and indemnification obligation will
In using the service, you state and assure that: a)you are of age 18 years or more.
In using the service, a minor must be allowed by his parents or by the people who
have the parental authority or custody of the child; they are, therefore, the only
responsible for any behaviour held by the minor.
transferred or assigned by you, but may be assigned by Koinup without restriction.
State of Italy. Any claim or dispute between you and Koinup that arises in whole
or in part from the Koinup Website shall be decided exclusively by a court of competent
jurisdiction located in Brescia (Italy).