1.1 This contract defines the General Terms and Conditions of use of the services offered by 3Technology S.r.l., based in Gonars (UD) in Via Trieste, 122 with VAT number IT02226490304 (here in after referred to as the “Company”), and/or by any other company which operates in the world under licence from Digital Fastlane GmbH using the brand Cam.TV, through the website https://www.cam.tv and through all its applications and extensions available on Mobile devices and Tablets.
1.2 The Website https://www.cam.tv (here in after referred to as the “Website or Platform”) is managed exclusively by 3Technology S.r.l. under licence from Digital Fastlane GmbH and/or by any other company which operates in the world under licence from Digital Fastlane GmbH. The use of the Website for the offered services is subjected to the terms and conditions indicated in this document.
2.1 Before browsing and using the services offered by the Website https://www.cam.tv, in accordance to the policy of fairness and transparency that characterises the Company, the user, who consents to acquire a copy of the present in digital form, is invited to read carefully these "Terms and Conditions" which regulate the use of services offered by the Website.
2.2 By "Terms and Conditions" it is meant not only the present, but also any note, information notice, legal information or disclaimer published on the Website, as well as any possible recall via link to this page or to other external links.
2.3 The User, by simply accessing the Website, or otherwise accessing the applications that the Company should make available in time, declares to accept without reservation, all the contractual conditions expressed herein. The user declares to adhere to the distinct Conditions indicated separately, where express acceptance is required.
2.4 Access, navigation and use of the Website and its functions, including when a registration or log-in is not required to access and consult the Website, constitute in every case express acceptance of these "Contractual General Conditions" and the obligation to comply with them.
2.5 The User is invited to print a copy of the "Contractual General Conditions" for further information or for a possible future consultation. The User is invited not to use and in any case to abandon the Site and related services in case he or she did not intend accept these General Conditions, in whole or in part, or any other note, link or recall contained in it.
2.6 In order to guarantee the security of data and information entered by the User on the Website he or she is required to keep the access credentials in a secure and non-accessible place, exonerating the Company from the responsibility for any access or fraudulent use of the Website done by of anyone.
2.7 The User acknowledges that he or she will have only one account, combined with their own Tax code or VAT number, and that each creation of a new account under false identity or under the same name, using different login credentials, may result in immediate suspension and interruption of services and the possible cancellation of the profile originally entered. In case of cancellation of the original Account, which will be consequently deactivated, the User will not be able to open a new Account. Nevertheless it will be possible to reactivate the original account at any time.
2.8 For any further information or support, the User can contact the customer service writing to [email protected].
3.1 The Platform https://www.cam.tv allows the Users’ access to a multimedia, messaging and video-chat system, so that they can exchange content with other Users.
3.2 Professional or amateur Users can in fact offer their own knowledge and skills, by means of video-chats, by live streaming, by uploading content on the Platform (including, for example, videos, images, data, texts, photos, e-book, research papers), or even by exchanging text messages or content privately with other users.
3.3 On the basis of the Company philosophy, according to which knowledge and information are within everyone’s reach, Users can access the Website and register for free to utilise the services offered by the Platform and by other Users.
3.4 Users will also have the opportunity to sign a subscription, of the preferred category, in order to access all the additional services offered by the Platform corresponding to the subscription type chosen.
3.5 It is hereby specified that the User can upload content to the Platform up to a storage space limit ("Maximum Storage Space"), which depends on the subscription chosen.
3.6 If the User does not renew the subscription, the Company will keep in its archives the content uploaded on the Company’s servers for a maximum of 90 days from the expiration date of the subscription. After this period of time the content will be deleted.
3.7 The purchase of the service presupposes the total and unconditional acceptance of the “Contractual General Conditions for the Use of Services” and it is subject to the payment of the price indicated at the time of subscription.
3.8 Before signing-up for the service, the Users can verify the total amount of their order and can make eventual conditions or changes to the subscription type chosen.
3.9 After completing the purchase procedure, the Users will receive an email confirming the activation of the service and the successful validation of the contract with details about the characteristics of the services purchased.
4.1 The Company reserves the unquestionable right to update, modify, integrate in whole or in part, and at any time, these General Conditions and each of the documents and/or attachments, including the privacy statement and the dispositions regarding cookies.
4.2 For these reasons, the Users are invited to periodically access the Platform to check and examine the content of the General Terms and the possible changes, even though the Company undertakes to inform the User modifications, through the Platform or other means of communication.
4.3 Any modification or updating of the General Terms and/or Services will become effective from the moment of their publication on the Website and will be deemed accepted by users who access and use the Platform from the moment of publication of these modifications on the Website.
4.4 If the User does not intend to adhere to the changes made, he is invited not to use the Website and in any case to cancel his account.
5.1 Access to the Platform takes place freely for some parts and through registration on the Website for the remaining services and for activities that are connected to subscriptions or that follow a payment.
5.2 Registration on the Website implies acceptance of these Contractual General Conditions.
5.3 Registration on the Website has no limit in its duration, with the exception of services offered within subscriptions.
5.4 The Company may at its sole discretion order the cancellation of the profile and account, in any case and in the eventuality that the User behaves not accordingly to ethics, morality, civil and criminal law in force, or to these Contractual General Conditions.
5.5 The Company may at its sole discretion order the cancellation of the profile and account, in any case and in the eventuality that the User behaves not accordingly to ethics, morality, civil and criminal law in force, or to these Contractual General Conditions.
6.1 The User who has activated a paid service will have the right to exercise the free withdrawal, without any penalty and without specifying the reason, as stated in the Art. 52 Consumption Code (Legislative Decree 06.09.2005, No. 206 and subsequent amendments), within 14 (fourteen) days, starting from the day of conclusion of the contract (so-called "prompt withdrawal"). It is understood that the "prompt withdrawal" which is possible before the expiry of the 14 (fourteen) days, cannot be exercised if the User has even partially used the service. As a result of the withdrawal, according to Art. 56 Consumer Code, the full amount paid will be reimbursed to the User with the same means within 14 days from the day of receipt of withdrawal notice. The hypotheses provided in Art. 59 Consumption Code remain excluded from the withdrawal right. The notice of "prompt withdrawal" containing the explicit intention of the User to withdraw within the first 14 days of effectiveness of the contract, must be forwarded to the registered Company by letter to the following address 3Technology, Via Trieste 122 Gonars (UD) or via e-mail to the following address [email protected] or by certified e-mail to the certified e-mail address [email protected].
7.1 The use of the Platform and the services offered are exclusively intended for users who have reached the age of sixteen and/or to private bodies, companies, non-profit organisations, public bodies and in any case subjects validly represented and with the full authorisation to enter into agreements for the provision of services as provided for in these General conditions.
7.2 The User’s registration is required to access the services offered by the Website. The registration will take place providing some required information including a valid email address that will be used to create a personal account.
7.3 When completing the registration process on the Site, the User guarantees to be the minimum required age of sixteen years old and/or to represent validly the entity whose registration is requested, also declaring to have the authorisation and the legal capacity to enter valid agreement and contracts.
7.4 Users, assuming full responsibility, declare that the personal or business data provided are real and correct, they also undertake to immediately change the provided information on the Website, if any modification occurs.
7.5 The Company remembers that the fundamental requirement for joining the Cam.TV community is that the identity of the users must be guaranteed and safeguarded in any case.
7.6 Therefore the Users are allowed to access their profiles at any time to update or modify the data entered assuming full responsibility regarding the truthfulness and the upgrading of such information.
7.7 The User who provides services, by signing a subscription, whether private, professional, of an organisation or of a company (in other words any user who benefits from the services through the Website), must be ensured in particular to indicate and specify his or her tax regime, ticking the relevant flags proposed by the Website in order to allow the correct classification of the amateur or professional performances offered.
7.8 The Company, which limits itself to act as an intermediary through its Platform and to provide a web portal where users can find the most suitable services according to their needs, is therefore completely exempted from any responsibility related to the erroneous indication by the User of their tax regime.
8.1 Upon registration on the Website, Professionals have to complete their profile by entering all the information required to certify their profession, and authorising the Company to make this information public on the Website.
8.2 Professionals commit to provide their services ensuring maximal professionalism, in order to maintain their performances and customer satisfaction to the highest standards.
8.3 In this regard, Professionals declare that they and their collaborator have the skills, means, knowledge, organisational and technical abilities, necessary to satisfy any request received from the Users.
8.4 If the level of the service is deemed unsatisfactory or in the event of repeated complaints by the Users, the Company reserves the right to suspend or interrupt without any advanced notification the provision of the service and the use of the platform by the Professional. The suspension or the interruption will be announced by a simple written communication to the email address provided by the Professional and possibly the deletion of the registered profile will follow. Any decision by the Company may also take place on the basis of feedbacks and reviews published on the Website by Users in connection with the services received from the Professional.
8.5 In any case, the Company cannot be held responsible for the initiatives taken against the Professional and cannot in any case be held responsible towards anyone for the delay in the suspension and/or interruption of services or for the cancellation of the profile. The Company cannot be held responsible under any circumstances for any damage caused to the User or to third parties by the poor quality of the services provided by the Professional.
9.1 Each User can receive LKSCOIN donated by other Users through a function present on their channel and combined with the multimedia content published. Each "Support" is valued at 0.01 Euro inside the platform. All "Support" gestures received are deposited in the User’s piggy bank, which breaks at certain progressive thresholds. When the piggy bank breaks, the corresponding amount of LKSCOIN will be credited to the personal e-wallet of the User.
Support = 0,01 euro ≠ 1 LKSCOIN
10.1 The User acknowledges that, according to the philosophy of the community, the review system is an essential element for the quality evaluation of services and for the social validation of the User within the Website.
10.2 The User recognizes, moreover, that the ranking which order the positioning of Users within the Website, derives from both the LKSCOIN obtained and the rating requested by the Company and attributed by the Users using the Platform.
10.3 The User therefore undertakes, in order to guarantee high quality standards of the services provided and a consequent positive appreciation by the Users, to perform its services with the utmost commitment and professionalism, and therefore exonerates the Company from any responsibility with regard to this point.
11.1 The User agrees to pay the price of the service by credit card or by bank transfer, confirming that he is the owner of the credit or debit card used for payment, or that he or she has been authorised to use it by part of the owner, assuming every related responsibility including the fact that all the information communicated to the bank responsible for the payment transactions are to be complete, correct and truthful.
11.2 The User acknowledges that, in the absence of an adequate validation and authorisation of the payment by the Company and/or by the issuing bank, the Company will not allow the User to access the Platform to offer any service and will not be held responsible for any delay or impossibility of service provision.
11.3 Furthermore, the Company is not responsible for any costs applied to the User by the debit/credit card operator or by the Bank processing the payment.
11.4 The Users acknowledge that they will have to first load their personal e-wallets with the cuts provided on the Platform, in order to make use of the paid services offered by the site. Moreover, they absolve the Company from any responsibility for interruptions or suspensions to the service from the lack of funds on their e-wallet account.
11.5 The Users acknowledges and accepts that, in order to use the consulting services offered through the platform they must upload their e-wallet in advance with an amount adequate for the duration and cost of the service requested.
11.6 The User acknowledges that the amounts loaded on the e-wallet by credit card or bank transfer will give rise to credits called LKSCOIN (Support = 0,01 euro ≠ 1 LKSCOIN), which can be spent within the Platform for the purchase of all kinds of services on the Website.
12.1 The Users, who subscribed, will be guaranteed the utilisation of the platform with subscription advantages, with particular reference to the possibility of having a storage space with the characteristics foreseen by the specific type of subscription as indicated below in the table below:
| Subscription | Free | Basic | Advanced | Professional |
|---|---|---|---|---|
| Storage Space | 500 MB | 100 GB | 500 GB | 1000 GB |
| Earnings on Multimedia Products | 70% | 85% | 90% | 95% |
| Earnings on Cam.TV business volume generated by affiliates | 10% | 10% | 10% | 10% |
| Number of Channels | 1 | 2 | 4 | 6 |
| Training course | / | 1 | 1 | 1 |
12.2 The subscription can have a monthly or annual duration and will have the following costs:
| Subscription | Monthly | Annually |
|---|---|---|
| Basic | € 57,30 | € 499 |
| Advanced | € 139,26 | € 1.490 |
| Professional | € 188,44 | € 1.970 |
12.3 By subscribing the User will be allowed to provide consulting services via video-chat and also via live streaming, as well as through the upload of images, videos, e-books and content of any kind on the dedicated User page.
12.4 The subscriber can request at any time request an upgrade and transfer to the higher subscription category, by paying the price difference for the remaining subscription period.
12.5 The resubscription is subject to automatic renewal, for an equal subscription period, unless an advance notice of at least 15 days is given by the subscriber.
12.6 In any case, the Company reserves the right to change the conditions, characteristics and price of the subscriptions at any time, the changes will become effective following the communication to the User.
12.7 The subscription cannot be transferred.
12.8 The cost of subscription services must be understood as indicated in euros and VAT must be applied to it.
13.1 Users have the possibility to create their own network of affiliates. They shell receive a one-time affiliate commission according to the scheme shown above in section 12.2, when a direct affiliate purchases his/her first subscription.
13.2 It is understood that the contractual relationship established between the User and the Company does not constitute any employment relationship, nor does it constitute any relationship of agency, provision of services or association in participation. The system of affiliation devised by Cam.TV, which is realised by joining the Platform through an affiliate link, is not configured as home sales or falls in any way in the cases prohibited by law n. 173/2005.
13.3 Therefore, the following is strictly forbidden: any copying, redistribution, reproduction and misuse of the name of the Company or logo, collection of any unauthorised sums, loans or extensions, distinctive signs, branding and similar property of the Company.
13.4 The earnings deriving from the User’s activity on the Platform, calculated in LKSCOIN (Support = 0,01 euro ≠ 1 LKSCOIN), may be used to purchase the services offered on the Platform and may be exchanged into LKSCOIN in packages to the value of 10 Euro, in this case credits shall be sent via electronic payment to the user’s current account or on a Cam.TV card usable within the main payment circuits.
13.5 The User authorises the Company to issue an invoice in his/her name and on his/her behalf relating to the economic transactions that occur through the Website (invoices or receipts for advice). The User also authorises the Company to issue invoices to himself/herself for commissions deriving from affiliations.
13.6 The related tax documents will be generated automatically by the Platform and can be downloaded from the appropriate section of the Website.
13.7 Each User undertakes, under his/her own responsibility, to declare all profits deriving from the use of the Website, and the related tax documents, to the Tax Authorities of his/her country of residence or domicile, according to the applicable tax regime, and also undertakes to adjust his/her tax regime on the basis of the volume of earnings deriving from affiliations and his/her amateur or professional promotion activity on the Platform.
14.1 As specified above, the activity carried out by the Company consists exclusively in offering a platform where users can exchange any kind of knowledge, service or advice, and for this reason it can not in any way be held responsible for their eventual and potential illegality.
14.2 The Company does not perform any function of control on the activities carried out on the Platform or on the exchange of content between users and therefore declines any responsibility deriving from or connected to the relationship between the various users, since the Company is totally unrelated to this relationship.
14.3 Furthermore, the Company is not required to verify the veracity and authenticity of the identities offered by users and their profiles, as well as the content posted on each page of the Site by the users themselves.
14.4 In particular, even if the Company involve itself in verifying the correspondence of data entered by the professionals who offer their services on the Website, it is not responsible nor is it bound to guarantee the professional identity of registered users as professionals.
14.5 Accordingly, the selection made throughout the Website by the User with regards to offers, services and professionals, is made by him/her with total autonomy and assuming full responsibility by verifying that all services provided by the professional have been performed according to expectations.
14.6 The Company is therefore not to be considered a contractual party with respect to the exchange of services between users. Consequently the Company has no role or contractual obligation in the relationship established between Users, whether individuals, professionals, organisations or companies.
14.7 Specifying the foregoing it is to be clarified that the Company performs a mere role of intermediary in the exchange of services, making available the Web Platform to enable the activities and services that the Site is able to offer. Therefore Company does not assume any responsibility with regard to the lawfulness, fairness, quality and security of the services offered and exchanged through the Platform.
14.8 The User also assumes all responsibility, direct or indirect, related to the content exchanged and uploaded on the Website and this with regard to their completeness, accuracy, availability, timeliness, security, truthfulness and reliability, relieving therefore the Company from any responsibility in this context.
14.9 The User also assumes all responsibility, direct or indirect, related to the content exchanged and uploaded on the Website and this with regard to their completeness, accuracy, availability, timeliness, security, truthfulness and reliability, relieving therefore the Company from any responsibility in this context.
14.10 Similarly, the User, who declares to be in possession of any license, authorisation or right relating to the content published on the Website, assumes entirely all responsibility for obscene, abusive, offensive and defamatory content that the Company does not have the obligation to verify and that it can be removed in any case and at any time if the Company becomes aware of it, for example in accordance with a report of another User.
14.11 As a specification of what is indicated in the previous point 14.10, it is specified that the content shared by the User should not include elements which are: illegal, obscene, defamatory, menacing, intimidating, annoying, offensive towards a race or an ethnic group, denigrating, invading the privacy of other people, intolerant, controversial, vulgar, sexually explicit, pornographic, violent, discriminatory, harmful to minors, promoting or encouraging illegal or inappropriate behaviors, including promotion of violent crimes or failing to comply with the Community’s Standards Members.
14.12 The Company is not responsible for any suspension or interruption of services due to technical problems or the management or maintenance of the Website and/or due to unforeseeable events; the Company is also not responsible for any loss of data and content uploaded to the Website, which could be deleted or damaged for any reason.
15.1 The Company reserves the right to transfer, assign, arrange for novation or subcontract all or some of the rights and/or obligations, deriving from compliance with the General Terms and Conditions, to third parties.
15.2 The User can not assign or transfer in any way, any of his/her rights and obligations without the written authorisation of the Company.
16.1 The Company is the exclusive owner of the Cam.TV trademark and of the domain https://www.cam.tv.
16.2 The user is not allowed under no circumstances to use the Cam.TV trademark and the domain https://www.cam.tv, in the absence of written authorisation from the Company.
16.3 The Company is also the exclusive owner of all industrial and intellectual property rights relating to the Website, including, without limitation, the content, texts, drawings, databases, know-how, software, data and the information contained within the Platform.
16.4 The Company does not assign any license to users in relation to the use of IPs of https://www.cam.tv.
16.5 The User acknowledges that it is expressly forbidden, and is therefore considered to be a violation of the legislation on industrial and intellectual property, to reproduce, sell, duplicate, copy, execute framing/scrapping, resell and exploit, in any form, all or individual parts of the Website in the absence of prior written authorisation of the Company, whether for payment or for free, for private or commercial purposes.
16.6 The use of the Website is expressly forbidden for purposes and in ways other than those indicated in these General Terms and Conditions.
16.7 By publishing content on the Website, the User grants the Company the license to use and diffuse the content published on the Website, both for the purpose of improving the services offered by the Platform and for the sake of sharing knowledge and informations within the community.
16.8 The Company also reserves the right to combine the content published on the website page of each User with any form of advertising, banner or anything else the Company decides to enter for its commercial purposes, without the User being able to claim anything regarding any title or reason.
17.1 The Company will process the users’ personal data while respecting the current legislation on privacy, as defined in the document available in the dedicated section of the Website.
17.2 The Company reserves the right to verify, certify and publish on the Website the data related to the professionals, who certify the truthfulness of the information provided by them, and their eventual acquired membership of a professional body for their activity.
17.3 The Company also undertakes to store all data, information, documents obtained and, in general, all content uploaded on the Platform through the use of security and data retention systems or through any other system and/or advanced device that should available in time.
17.4 The User authorises the Company under any circumstances to transmit all data in its possession to third parties, in particular to allow the most convenient management of the payment systems of transactions carried out through the Platform.
18.1 These General Terms and Conditions are governed by Italian laws.
18.2 Considering the spirit and the trust that the affiliates have in common and their belonging to the community, the objective of the company, for any kind of controversy that may occur between the User and the Company itself regarding the interpretation or execution of the present General conditions of contract, is to offer shared and cost-effective tools for all parties for the purpose of rapid settlement of disputes.
18.3 For this purpose, all parties undertake to search every possible path of an amicable solution to any dispute and, only where this is not possible, the Company guarantees the full adhesion and acceptance of the conciliation services offered by RisolviOnline.
18.4 This institution guarantees a neutral and impartial service that allows to reach a satisfactory agreement for the parties with the help of a neutral and competent conciliator, on the internet, in a friendly and secure way.
18.5 For more information on the regulation of RisolviOnline, you can access the site www.risolvionline.com.
18.6 Without prejudice to the possible applicability of the mandatory provisions of law aimed at protecting consumers, any controversy not related to consumers will be devolved to the exclusive jurisdiction of the Court of Verona.
18.7 It is understood that the User who signs up for the Website as a professional does not apply the regulations envisaged for the consumer by Legislative Decree 06.09.2005 no. 206 and subsequent amendments and additions.
18.8 The professional, in fact, using the services offered by the Site for purposes related to the business, commercial, craft or professional activity carried out, does not fall within the notion of consumer and therefore the Consumer Code does not apply to it.
19.1 This agreement is written in Italian, with the exception of some words in English and of common use in the commercial and IT fields.
19.2 In case of conflict between the version of this agreement written in any other language and the Italian language, the Italian language prevails.
19.3 Should one or more of the provisions contained in these General Conditions be declared invalid or ineffective in whole or in part, such circumstance will have no effect on the remaining parts of this text, which will remain fully valid and effective for all parties not involved in any eventuality invalidity or invalidity profiles.
19.4 Any tolerance on the part of the Company to violate the obligations set forth in these General Conditions does not imply acceptance and the Company may at any time request the fulfillment of the defaulted obligations and the removal of any harmful behavior.
20.1 Pursuant to and for the purposes of articles 1341-1342 and ss. C.C. as well as articles 33-34-35-36 of Legislative Decree 205/2006, the User declares to have read and understood and therefore expressly approve the following articles: 4.1 and 4.3 Variation of the General Conditions, 5.4 Duration of the Contract, 7.8 Requirements for the Use of Services, 8.4 and 8.5 Obligations and Quality of Services Offered by the Professional, 12.6 and 12.7 Special Conditions for Subscription Services, 15. Limitations of Liability, 19.6 Applicable Law, Settlement of Disputes and Competent Court.
