Date of most recent revision: 06 November 2018
The use of the MyPicSpace services by the person (“User”) who accesses his/her personal area of the website www.mypicspace.com (“Website") is subject to these terms and conditions of use (“Conditions of Use”), which apply to the MyPicSpace services (collectively “MyPicSpace Services"), described under the following article 1
If the User accesses the MyPicSpace Services on behalf of third parties, he/she guarantees that he/she is authorised and has the right to bind the third party to the Conditions of Use.
The MyPicSpace Services may not be used by anyone younger than 13 years of age. Anyone younger than 13 may only use the Services under the supervision of a parent or legal guardian who accepts that he/she is bound under the Conditions of Use .
MyPicSpace is a free service placed at the disposal of the acquirer of photos and videos previously acquired by Digital Group and/or suppliers authorised by Digital Group (“Customer Photos”).
The virtual space especially created by Digital Group for the Customer on mypicspace allows the Customer to access his/her photo gallery to download and/or share the Photos on their Facebook profile, using a login name and password.
The Photos will be available to the Customer for 90 days from acquisition. The Customer will have to access his/her space with a login name and password and download the Photos within that timeframe. If access is not made within the above-mentioned 90 days, the Photos will be deleted and may never be recovered.
Starting from each access to the MYPIC SPACE, the 90-day term will be renewed for another 90 days.
In any case, in order to avoid deleting the data, the Customer should download the Photos on his/her first access, and in any case make a full backup copy of them. For information on management of the Photos and making backup copies, or any other information, there is technical support available to the Customer by MyPicSpace, and it can be contacted by clicking SUPPORT on the website home page mypicspace.com.
Digital Group does not guarantee the security of the user photos and/or that they are always available.
Access to the User’s Photos require pre-registration and the creation of an account. By registering, the User declares and guarantees that all the information provided upon registration (“Registration Data”) is true, complete and accurate.
The User undertakes to keep his/her login name and password received upon registration confidential.
The User is therefore the only one responsible for keeping the password associated with his/her account confidential, and limiting the physical access to the computer / device during access to the User’s Photos, and accepts responsibility for all the activities that are carried out using his/her account and password.
The User undertakes to immediately notify Digital Group of any unauthorised use of his/her account or password, or any other security breach.
The User retains all the intellectual property rights over any User Photo acquired, uploaded or made otherwise available by Digital Group through its Website, including the copyright. Digital Group will not claim any ownership, rights, title or interest in the User’s Photos.
Regardless of the above, the User, having previously asked Digital Group to upload the User’s Photos onto MyPicSpace, gave Digital Group a non-exclusive right, exempt from copyright, to access the User’s Photos to provide the MyPicSpace Services.
The MyPicSpace Services, and all the pictures, software, platforms, instruments, graphics, data, texts, codes, Brands (as defined below) or other content and material available on MyPicSpace (apart from the User Photos) are owned by Digital Group or its third party licensees.
Digital Group grants the User a limited licence, which is non transferable, cannot be sub-licensed and revocable, to access the User Photos only in accordance with these Conditions of Use.
The User acknowledges that: (i) Digital Group and/or its licensees retain and will continue to retain all the rights, titles and interest regarding the Website, including all the patents, copyright, trade secrets, brands or other owned, incorporated or associated rights; (ii) no right or interest on the Website will be transferred apart from the limited licences granted herein;
The User acknowledges that the MyPicSpace Services can be interrupted as the occasion arises, with or without notice, for maintenance, updates to the system and/or if there are hardware and/or software malfunctions and/or malfunctions to the data transmission lines or for any other foreseeable or non-foreseeable reason.
Digital Group will not be responsible for any interruption, suspension, discontinuity or unavailability of the MyPicSpace services for any reason or for any loss or inability to access the User’s Photos.
Digital Group, at its sole discretion, reserves the right to limit, suspend or interrupt the use of the MyPicSpace Services if it finds out that the User has breached these Conditions of Use. In that case, Digital Group, at its sole discretion, may also: (i) ask the User to remediate any breach and/or (ii) undertake any action that Digital Group considers to be appropriate to enforce its rights and pursue the remedies available.
Digital Group reserves the right, at any time, at its sole discretion and subject to giving advance notice, to definitively cancel the MyPicSpace Services.
The User may ask to terminate the subscription at any time, deleting his/her account by sending an email to firstname.lastname@example.org, or sending a registered letter with notice of receipt to Digital Group S.r.L., 10141 Turin (TO) Italy, via Spalato 59/F. When Digital Group receives a request from the User to delete the account, MyPicSpace will delete the account without giving notice.
THE DELETION OF THE USER ACCOUNT WILL DELETE ALL THE USER PHOTOS WHICH MAY NO LONGER BE RECOVERED.
THE USER MUST MAKE BACKUP COPIES BEFORE ASKING FOR THE USER ACCOUNT TO BE DELETED.
The Website, Services and MypicSpace materials are supplied on an “as is” basis, without explicit or implicit guarantees of any nature. To the extent permitted by applicable law, Digital Group does not make any explicit or implicit guarantees, including, without limitation, implicit guarantees relating to the Website and/or the MyPicSpace Services. Digital Group does not: (i) declare or guarantee that the MyPicSpace Services are accurate, complete, reliable, up-to-date or error-free and/or (ii) that the MyPicSpace Services or servers are free from viruses or any other harmful components.
Digital Group will never be liable for direct, indirect and/or consequential damage, or any other damage of any nature, including, but not limited to, loss of use, loss of profits or loss of the User Photos, resulting or in any way connected with the use or inability to use or view the Website or the User Photos, including any damage caused or resulting from errors, omissions, interruptions, removal of files, errors, defects, viruses, delays in function or transmission or any termination, suspension or other failure to perform, including resulting from theft, destruction or unauthorised access to the MyPicSpace Services and/or the User Photos.
Digital Group reserves the right to amend any provisions of the Conditions of Use and any other term, policy or guidelines that govern the use of the MyPicSpace Services, and access to the User Photos, at any time, at its sole discretion, giving notice that the Conditions of Use have been amended. This notice may be provided by sending an email, or publishing a notification on the Website or publishing the revised Conditions of Use on the Website or any other type of notification determined by Digital Group. The continued use of the MyPicSpace Services following publication of the revised Conditions of Use or other notification will constitute acceptance of said amendments by the User.
All complaints or disputes regarding the use of the MyPicSpace Services and these Conditions of Use, including for anything not expressly contemplated, will be governed by Italian law and subject to judicial examination by the Italian Courts.
The Court of Turin, Italy shall have exclusive jurisdiction over any disputes. Arbitration procedures are expressly ruled out.