TERMS

TERMS

TERMS

TERMS

TERMS

TERMS

Contents
  1. Introduction
  2. 1. Parties
  3. 2. Object
  4. 3. Service Provision
  5. 4. Duration
  6. 5. Termination and withdrawal
  7. 6. User obligations
  8. 7. Crubster obligations
  9. 8. Service levels
  10. 9. Intellectual property
  11. 10. License and user content
  12. 11. Termination of service
  13. 12.  Servizi di terze parti
  14. 13. Applicable law and jurisdiction
  15. 14.  Privacy
  16. 15. Final Terms
  17. 16. Changes to these terms of service and/or the Community Guidelines
  18. Prohibited activities
  19. Reviews
  20. Contents
  21. Suspension
  22. Reporting and removing prohibited content

Terms of Service and User License

Introduction

This document is intended to regulate the non-exclusive and non-transferable license agreement for the services provided by the software application called "Crubster" (Application), regardless of the channel (web or app) through which it is used. This document is also intended to govern service levels related to the Application and community guidelines.

1. Parties

Application Provider: Crubster S.r.l. (hereinafter referred to as “Crubster” or “Provider”)
 
User: The individual who has downloaded the application and uses it, with or without registration.

2. Object

2.1 Crubster provides the User with a cloud computing service for accessing and using the aforementioned Application, dedicated to creating a community and sharing content, opinions and thoughts in relation to a series of activities, experiences, services and products offered from third party suppliers on the market.
2.2 The Application allows access and consultation to registered and unregistered users. However, the user experience of unregistered users is limited to consultation activities without the possibility of creating and uploading content and without personalizing the experience on the Application.
2.3 The registration procedure allows for the creation of a User profile which is personal and non-transferable and which can be accessed through the credentials set during registration. The User undertakes not to create multiple profiles and not to create new profiles after the possible closure of the profile due to violation of these terms and/or community guidelines.
2.4 The minimum age for creating a User profile (and in any case for using the services offered by Crubster, even as an unregistered User) is 14 years old.
2.5 These terms of service and license are considered effective when the User has started using the Application.

3. Service Provision

3.1 The User acknowledges that Crubster may provide communications relating to the status of the service exclusively through the Application or in any case through the crubster.com website. These communications must in any case be considered as a mere aid to the use of the Application.
3.2 In order to create a profile you need to have a valid email address. At the User's choice, registration can be made via social login (it should be noted that Crubster will in any case acquire the email data in order to verify if it has already been associated with a registration). Crubster assumes no responsibility deriving from the loss of availability of the email box to which the profile is associated and the activity carried out will in any case be attributable to the User until the unavailability and/or theft of the email access credentials is reported to Crubster. It will be the responsibility of the User to promptly notify Crubster of any change to the email address associated with the profile. Crubster will not be responsible for any malfunctions and/or impediments to accessing the portal due to the failure to update the contact details or their incorrect entry.
3.3 The User is also responsible for the credentials indicated for accessing the platform and undertakes not to disclose, transfer or allow the use of the access keys thus generated to third parties and to keep them with the utmost care and diligence, being the only subject authorized to access and the exclusive responsible for their custody and use.
3.4 The User accepts and recognizes, as of now, as his own any use and operation of the Application (connection, modification, service request, content insertion, data recording or other) that will be carried out with his/her access keys.
3.5 The User accepts that, as regards the attestation of all the operations carried out from his profile, only the logs on the Crubster servers shall prevail as proof.
3.6 Crubster reserves the right to verify on a sample basis and/or through keyword searches and/or with automated tools in its database that the use of the Application takes place in compliance with these terms and guidelines.

4. Duration

4.1 This document regulates the general conditions of the service offered by Crubster.
4.2 The User can request the cancellation of his profile from the Application by sending the request through the Application itself. Any other method will be admissible only for documented reasons that prevent cancellation via Application and will in any case be examined in the specific case and may be subject to further checks by Crubster.
4.3 It is understood that following the deletion of the profile, Crubster will have no obligation to keep the data, information and content recorded by the User on the Application and will not be liable in any way for any damage, alteration or loss, even partial.
4.4 Within six months from the date of deletion of the profile, Crubster will definitively delete any data and information recorded and stored by the User. This period could be longer where there are contractual (e.g. to manage assistance activities in progress) or legal (e.g. as a tax justification) requirements.
4.5 Crubster reserves the right to keep the contents created by the User anonymously on the Application after the deletion of the profile.
4.6 In no way and for no reason will Crubster be liable for data, information and content deleted from the User's account and made unrecoverable, both during the provision of the service and upon its termination.

5. Termination and withdrawal

5.1 Crubster may inhibit access to the Application in the event of violation of these terms of service, violation of community guidelines, use of the Application in a manner different from the purposes for which it is provided and in any case at its sole discretion.
5.2 The following activities are in any case prohibited and may result in the inhibition of access to the Application:

  • commercial activity done through the services offered by Crubster;
  • "data scraping" activity (ie serial extraction of parts of the database contained in the services offered by Crubster, including user databases, posts, maps, etc.);
  • reuse (even non-serial) of the contents present on the services offered by Crubster on other platforms (also through embedding and/or deep linking);
  • activities that result or could result in an intentional overload of Crubster's computer resources;
  • decompilation of the code, or in any case of unauthorized reuse of the software used by Crubster;
  • activities circumventing Crubster's cyber and non-cyber security measures.

6. User obligations

6.1 The User is required to access and use the Application exclusively for lawful and legitimate purposes, with the utmost diligence, in strict compliance with the laws and regulations in force, as well as with the provisions of these terms of service and the Community Guidelines, without prejudice to the rights and interests of Crubster and/or third parties.
6.2 The User is solely responsible for every operation carried out in the use and management of his account on the Application, including the uploading/importing of your or third party content on the same (please note that such content will in any case be considered as content for which you are responsible) and hereby indemnifies Crubster from any liability for the operations performed in the use of the Application itself and for any direct or indirect damage to persons or things deriving from said operations, undertaking to indemnify Crubster from any dispute and request for compensation or of any other nature made by third parties for said operations.
6.3 The User acknowledges that the contents available on the platform and created by the Users do not represent the opinion of Crubster but of the individual Users who created them, even if these contents are submitted to the User by Crubster via automated decision making within the Application.
6.4 The User declares to be the sole and exclusive user of the Application and solely responsible for the content of the information, settings, texts, multimedia contents and data recorded, stored and transmitted with the Application. The User hereby indemnifies Crubster from any liability for such contents and for any direct or indirect damages to persons or things deriving from the use of said contents, undertaking to hold Crubster harmless from any dispute and request for compensation or of any other nature advanced by third parties for said contents.
6.5 The User is required to promptly inform Crubster of any unauthorized use of his account, his access keys or any other violation of the security of the Application. In the event of theft and/or loss of the access keys, the User must immediately update the credentials or, if this is not possible, immediately notify Crubster in writing, so that the latter can deactivate temporarily the account until the problem is solved.

7. Crubster obligations

7.1 Crubster, while undertaking to guarantee the functionality of the Application without interruption 24 hours a day, seven days a week, in accordance with the conditions of these terms of service, cannot be held responsible for any malfunctions, disservices or errors relating to the 'Application.
7.2 Crubster remains totally extraneous to the User's activity and is not subject to obligations of surveillance on the use by the User of the Application.
7.3 Crubster is not responsible for the data, information and contents entered, transmitted or processed by the User in the Application in general and for the use made by the User of the Application and reserves the right to adopt any initiative and action, to protect its own rights and interests and of third parties, including the communication to interested parties of the data useful for allowing the identification of the User.
7.4 Crubster may update the Application from time to time, provided that Crubster is under no obligation to update and further develop the Application. Crubster is not required to inform the User of any updates and revisions issued with reference to the Application. All the clauses of these terms of service will apply to the updated or revised Application, except for specific changes or additions applied to the same and which will be communicated to the User only through the Application together with the procedures for any unilateral withdrawal.
7.5 Crubster will not be in any way responsible for the loss or damage to data, information and content present on the Application during the aforementioned assistance interventions and the provision of additional services.
7.6 Unless otherwise agreed in writing, Crubster will not be required to provide the User with assistance in relation to the use of the Application, training in its use and/or in the use of updates and revisions.

8. Service levels

8.1 The User accepts that the service on the Application will be suspended for the execution of technical interventions aimed at the maintenance and/or updating of the service, the platform and the resources on which it is based. Where possible, Crubster will warn Users of the suspensions, but this does not constitute an obligation on Crubster and in any case it will not happen in the case of urgent and unscheduled interventions.
8.2 The User acknowledges that the Application is based on a constantly evolving technology, therefore he accepts that Crubster makes changes to the technical and economic characteristics agreed in this contract which affect the usability of the Application by the User. Crubster will inform the User through the Application of the most important changes introduced, with the relative information for the best use of the service thus modified.
8.3 Crubster due to the technological evolution of the hardware and software components, may also vary the technical characteristics, systems, resources, even without communicating anything to the User.
8.4 Crubster may, at its discretion and even without notice, suspend the service if:

  • the User defaults on any provision of these terms of service and/or the Community Guidelines;
  • Crubster has reasonable grounds to believe that the service is being used by an unauthorized third party;
  • cases of force majeure or circumstances occur which, in Crubster's unquestionable judgment, require urgent interventions to be carried out, in particular for the resolution of security problems and to prevent or avoid dangers for the entire network or for people or things;
  • the User is involved, for whatever reason, in a judicial or extrajudicial dispute of a civil, criminal or administrative nature, even with third parties, in particular when the dispute concerns the use of the Application;
  • the suspension is requested by the judicial authority.

Crubster reserves the right to restore the service when it deems the causes that led to the suspension to have been overcome and eliminated.
8.5 Crubster does not guarantee the suitability of the Application for specific purposes of the User.
8.6 Crubster does not guarantee that the provision of the service and the operation of the Application will take place without interruptions or errors or in any case in all possible combinations of use, nor that all errors or defects can be remedied.

9. Intellectual property

9.1 The User is required to use the Service in compliance with the intellectual property rights of Crubster and/or any third parties used or in any case usable in the Application.
9.2 These terms of service do not involve the transfer to the User of any property rights on the Application and on the devices/software that make it up and allow it to function. Crubster (possibly jointly with its suppliers) is the sole owner of the property rights, including intellectual ones, on the Application and on the devices/software that make it up and allow it to function, as well as the author's moral rights and those of economic use, therein including the right of reproduction, translation, adaptation, transformation, modification and distribution in any form and without limitation, including the sale and rental of its copies and its modified or updated versions. Ownership of all object code and all source code of the Application remains the property of Crubster (possibly jointly with its suppliers) as well as all elements, components, applications, versions, developments, updates and software related or derived from the Application, possibly usable by the User through the service.
9.3 These terms of service do not grant the User any definitive right or title to the Application. Unless otherwise agreed in writing, the User may not in any way dispose of it, sublicense it or allow its processing or otherwise transfer or in any other way make the Application available to third parties, whether at a charge or free of charge. The User may not reproduce, translate, adapt, transform, modify the Application or any part contained therein, nor may it cause or allow its decompilation or disassembly, nor may it appoint third parties to perform such activities. The User must also not make backup or archive copies of the Application.
9.4 All techniques, algorithms and processes contained in the Application and related documentation are confidential proprietary information of Crubster.
9.5 All registered and non-registered trademarks relating to the Application and Crubster remain the exclusive property of the latter, without the User deriving any right over the same from the acceptance of these terms of service.
9.6 Crubster, should it become aware of improper use of the Application or the violation of the prohibitions outlined in this article, will be able to terminate this contract, without the need for formal notice, with the right to request compensation for the damages suffered.

10. License and user content

10.1 Crubster allows its registered users to insert textual and multimedia contents on the Application, also voluntarily imported from other online services/platforms.
10.2 If the User sends, transmits, displays, performs, publishes or stores content on the Application, he/she grants Crubster, to the maximum extent and indefinitely or otherwise for the maximum duration permitted by applicable law, an unlimited, global, irrevocable, transferable right sublicensed, non-exclusive and royalty-free to use, reproduce, modify, adapt, publish, broadcast, translate, create derivative works from, distribute, perform, and display User Content in any form, format, medium, and channel, and to use the name , the identity, appearance and voice of the User (by way of example, the following activities are cited: associating automatically created subtitles to a video content, translating a post, combining post clips, images and audio/video content to create an advertisement related to our platform, etc.). If such contents contain personal data of third parties, the User declares and guarantees that he has obtained the appropriate consents and/or licenses to use such contents for the purpose of their use by Crubster to the extent provided for in this article.

11. Termination of service

11.1 While Crubster will endeavor to keep this Application active and up-to-date, these terms of service do not commit Crubster to maintaining the Application over time.
11.2 Crubster reserves the right to suspend or cease the development and maintenance of the Application at any time and without notice.
11.3 In no case may the termination of the service constitute a breach by Crubster neither with reference to these terms of service nor with reference to any collaboration, sale or other economic relationships conveyed by the Application.
11.4 Following the termination of the service, Crubster will have no obligation to custody of the data, information and content recorded by Users on the Application and will not be liable in any way for any damage, alteration, loss, even partial.
11.5 Whitin six months from the date of termination of the service, Crubster will definitively cancel any data and information recorded and stored by the User. In no way and for no reason will Crubster be responsible for data, information and content deleted from the User's account and rendered unrecoverable.

12. Third party services

12.1 Through the Application and the services offered by Crubster it is possible to book or buy activities, services, products, and experiences provided by third parties. Only adult users can make these reservations (which constitute binding contracts to all intents and purposes).
12.2 Crubster intervenes solely in the role of facilitator of the meeting between suppliers and Users, and assumes no responsibility for the suitability/quality of the activities, services and experiences that can be booked (nor does it carry out any checks in this sense). The User explicitly acknowledges that these third-party suppliers are completely independent contractors with respect to Crubster and that the latter declines any responsibility for the activities, services and experiences that can be booked.
12.3 Crubster does not carry out nor is it required to carry out any checks on the correctness of the data entered and relating to the activities, services and experiences that can be booked through its services, as well as it is not responsible for errors by users or its operators in entering, deleting, modifying the contents related to the activities, services and experiences that can be booked.
12.4 Through the Application and the services offered by Crubster it is possible to book activities, services and experiences and read reviews of suppliers present in different countries of the world. Their presence on the platform in no case represents an invitation to visit these countries nor does it imply any assumption of responsibility by Crubster regarding their safety. Users are invited to travel with caution and to rely on institutional sources.
12.5 The Application and Crubster services may contain links to third party sites. Crubster is not required to carry out any checks on such links and the User may visit them at his own risk, subject to the application of the terms and conditions, as well as the privacy policies, of such third-party sites, with reference to which Crubster has no responsibility. The presence of such links can in no case be interpreted as an affiliation or other endorsement of the same by Crubster, unless expressly indicated to the contrary.
12.6 In any case and finally the parties agree and acknowledge that any financial liability of Crubster cannot in any case exceed three times the amount obtained by Crubster in relation to the economic transaction between the User and the third party from which it should derive the damage or any other type of liability.

13. Applicable law and jurisdiction

13.1 This contract is governed by Italian law.
13.2 Any dispute between the parties regarding the interpretation, validity, execution and termination of this contract is the exclusive jurisdiction of the Court of Verona.

14.  Privacy

The regulation of the relations between the parties with reference to the processing of data by Crubster as well as by the User and Crubster through the Application is governed by the privacy policy available at the following LINK.

15. Final Terms

15.1 The User agrees and acknowledge that these terms of service do not create any partnership, joint venture, agency, self-employment or employee agreement between he/she and Crubster and/or its partners.
15.2 The nullity or invalidity of one of the clauses of these terms of service does not imply their nullity or invalidity in their entirety of these terms of service. If a clause should be considered null or invalid, where possible, it should be considered replaced by a valid clause that protects Crubster's rights to the fullest extent possible, excluding the element that determined its nullity or invalidity.
15.3 Nothing in these terms of service shall be deemed to confer any right or benefit on any third party, unless expressly stated.
15.4 All rights not expressly granted in these terms of service are reserved by Crubster.

16. Changes to these terms of service and/or the Community Guidelines

16.1 Any changes to these terms of service and/or to the Community Guidelines are considered effective from the moment they are communicated to the User and subject to the latter's right to cease his/her use of the services offered by Crubster by such moment.
16.2 The continuation of the use of the services offered by Crubster following the notification of the updated terms of service and/or Guidelines (which will be communicated to the User only through the Application together with the procedures for any unilateral withdrawal) entails acceptance of the updated terms of service and/or Guidelines.

Using the services provided by Crubster S.r.l you approve these Terms, the Community Guidelines and specifically approve the following clauses of the Terms: 2 (object), 3 (service provision), 5 (termination and withdrawal), 7 (Crubster obligations), 8 (service levels), 9 (intellectual property), 11 (termination of service), 12 (third party services), 13 (applicable law and jurisdiction).

Community Guidelines

Crubster is born as a community for sharing content and experiences related to a series of activities, experiences, services and products offered by third party suppliers on the market.
Our goal is to create a cohesive community around correct, truthful and quality content, thus providing a service to registered users of the Application as well as unregistered users.

Prohibited activities

Given the nature of the service, activities of a political or violent nature, hateful or sexual content, as well as illicit content or content that violates the copyrights of third parties, are prohibited.
Promotional and commercial marketing activities on the platform by Users are also prohibited, as are the sharing of content or the sending of communications that constitute spam or scams, as well as any activity aimed at circumventing our control measures and repression of prohibited activities ( for example registering with a new account after suspension).

Reviews

Activities involving evaluations of activities, services, products and experiences offered by third parties are the heart of our Application. The goal is that these reports are as correct, impartial, objective and truthful as possible, as well as focused on the quality of the content.
For this reason, reviews of reported facts which are not the result of direct knowledge of the author will not be admitted.
Except for some rare cases where this is relevant, direct comparisons and comparisons between suppliers should be avoided: the review must only concern the reviewed supplier.
The review must not contain irrelevant elements, religious, political or otherwise "partisan" evaluations and opinions, which do not meet objective criteria.
Crubster wants to be a welcoming place for every type of taste and ethical choice, therefore we cannot admit reviews that reward or censure a supplier just because his choices are or are not in line with our beliefs (for example we cannot admit a negative review of a vegan restaurant justified only by the preconception of the author about the vegan diet and by his beliefs in food ethics).
In order to maintain the quality of the service and avoid spam, links or contacts to external sites or people are not allowed in the reviews, the same, if inserted, will be obscured.
Finally, obviously, reviews by subjects who have a working, entrepreneurial, economic or family connection with the reviewed structure are not allowed.

Contents

Given that Crubster does not carry out any preventive checks on the contents published through the services offered (e.g. posts, comments, reviews), or imported by users from other services/platforms, and that it therefore declines any and all responsibility in this regard, Crubster however reserves the right to remove such contents as well as to suspend the user profile that generated/imported them in the following cases:

  • illicit, false, misleading, obscene, scurrilous, allusive, discriminatory, invasive of privacy, invasive of intellectual property rights or otherwise objectionable content.
  • content that could give rise to civil liability or violate the rights of other users or third parties;
  • content that constitutes unsolicited advertising (eg the creation of profiles intended solely for sharing promotional posts of a certain company) and/or in any case content that represents a commercial use of the services offered by Crubster;
  • content that includes confidential data of third parties (it should be noted that data such as name and surname, the image of a person, cannot be shared without having obtained consent before publishing the content);
  • links to content external to the services offered by Crubster;
  • other content which, in Crubster's sole discretion, is determined to be in violation of these terms of service and/or the Community Guidelines and/or otherwise deemed objectionable or is deemed to be a possible source of liability (of any kind) for Crubster and/ or its Users.

Suspension

The violation of these guidelines involves, at the sole discretion of Crubster, the suspension of the service for a fixed or indefinite period.
The User has the right to contact Crubster, through the appropriate tools and contacts made available within the Application and/or on the website www.crubster.com in order to submit a complaint about the suspension provision immediately. Complaints will be handled with the highest priority and within a reasonable timeframe by Crubster staff.

Reporting and removing prohibited content

Users have specific tools available within the Application in order to report content that they deem prohibited, illegal or in any case in violation of Crubster's terms of service and/or these Guidelines.

Crubster could proceed to the removal of such contents, where it deems the report founded or in any case as a result of random verification activities and/or through keyword searches and/or with automated tools of the contents present on the services offered.

The User has the right to contact Crubster, through the appropriate tools and contacts made available within the Application and/or on the website www.crubster.com in order to submit a complaint about the failure to remove the reported content ( so-called complaint of the reporting party) or about the removal of its content (so-called complaint of the reported). Complaints will be handled with the highest priority and within a reasonable timeframe by Crubster staff.

These Terms were updated the 01.01.2023

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