Wed address: thesurfescape.com
Via Santa Caterina da Siena, 20851, Lissone (MB), Italy. Telephone 0039 3488580870
VAT Number IT 09094460962
Email: hello at thesurfescape dot com
2. CONDITIONS OF GENERAL USE FOR THE PORTAL THESURFESCAPE.COM AND INFORMATION FOR THE USER
Thesurfescape (from here on referred to as “SURFESCAPE”) hereby declares the regulations of use for the free internet site thesurfescape.com
THE USER can access, print, download, and save the Conditions of General Use at any time. These conditions will be permanently accessible on the website through the link entitled Conditions of General Use.
Accordingly, SURFESCAPE reserves the right to modify, without prior warning, the design, presentation and/or configuration of this website, for some or all of the services, and also the right to add new services.
In any case, SURFESCAPE reserves the right to, at any time and without any need of prior warning, to refuse access to the site to those users who fail to comply with any of the general conditions or special conditions that apply to them.
The Conditions of General Use regulate the access and the use of the website services of PORTAL THESURFESCAPE.COM
As such, SURFESCAPE hereby puts a declaration regarding the internet users interested in this type of event the website www.thesurfescape.com
SURFESCAPE will only make available to the rest of the users the dates and/or information pertaining to the USER when those dates and/or information do not infringe upon any law or legal stipulation stated in the Conditions of General Use.
SURFESCAPE will be able to remove from the website without prior warning any illegal contents, contents considered inappropriate or contents that could infringe the rights of third parties.
The USER recognises that technically it is not possible to ensure 100% availability of the website THESURFESCAPE.COM. However, SURFESCAPE will strive to maintain the availability of the website in the most constant form possible. Owing especially to factors involving maintenance, security and capacity, in the event of any absence of control of SURFESCAPE (for example, because of anomalies in public networks of communication, electricity failures, etc.) brief anomalies or suspension of the services of the website may occur.
THE USER promises to make a similar careful use of the services accessible from the website, subject entirely to the law and to the good customs and precedents set in the Conditions of General Use, and, if applicable, Special Conditions, in order to maintain the respect owed to the other users.
In general terms, the provision of the services does not demand any previous subscription or registration by the users. Nevertheless, SURFESCAPE stipulates the use of some of the services utilized at the point of registration, for example, the selection of the identifier (ID or login), and the password that the user promises to preserve and use with due care.
The use of the password is personal and not transferable, and also prohibited is the disclosure and use of the password- even temporarily – to third parties. As such, the User must adopt any means necessary to ensure the custody of the password, avoiding any use by third parties. Consequently, the User is the only person responsible for the use made of his/her password, with total indemnity applying to SURFESCAPE. In any case in which the User knows of or suspects the use of his/her password by third-parties, he/she must make SURFESCAPE aware of this as soon as possible.
The said register will be executed in the form clearly indicated in the relevant service.
All the information provided by the User to the services must be true and exact. To these ends, the User guarantees the authenticity of all the data that is involved in the completion of the processes necessary for the subscription to the Services.
In this same way, it will be the responsibility of the User to maintain all the information made available to SURFESCAPE in a way that is permanently accurate and that corresponds to the true situation of the User at any time. In every case, the User will be the only person responsible for any false manifestations or inaccuracies that occur, and similarly any damage caused to SURFESCAPE or to third parties by this information.
The User is obliged to respect the relevant laws and rights of third parties using the contents and services of the website. As such, the reproduction, distribution, transmission, adaptation or modification, by any means or in any form, of the contents of the website (texts, designs, graphics, information, data-bases, archives of sound and/or image, logos, etc.), and any other elements of this website, are strictly prohibited, unless prior permission from the appropriate bodies has been granted, or unless it is legally permitted.
As indicated, and without limit, the following are prohibited: the use of any abusive or slanderous contents that may affect other users or other people or companies; the use of pornographic contents or contents that infringe upon the laws for the protection of minors; the publicity for and the distribution of pornographic offers and products, or anything that may infringe upon the laws for the protection of minors; the harassment or irritation of other users (especially through spam); the use of legally protected contents (i.e. by the legislation relating to intellectual property, brands, patents, or models of use or aesthetic models) without having the right to it; the proliferation of publicity, offers, or the distribution of goods or services that are legally protected, so as to make or incite actions against free competition, including attempts to attack customers through means such as chain emails, snowballing, or pyramid selling.
The user is prohibited to engage in any of the following actions:
- The use of mechanisms, software or scripts in relation to the use of the website.
- Blocking, over-subscription, modification or copying, when this is not necessary for the correct use of the services of the website. For example, content-copying software of any type similar to and including "Robot/Crawler" are not necessary for the correct use of the services of the website, and are therefore strictly prohibited.
- The dissemination, reproduction or public communication of the contents of the website SURFESCAPE, of users or third-parties, without the previous authorisation of the rights holder.
- Any action liable to damage the functioning of the infrastructure SURFESCAPE, especially actions capable of over-flowing the website.
- The illicit use of any of the material or information of the contents in the website are strictly prohibited by the terms of the Legal Conditions, and furthermore the particular conditions, which stipulate that in the case of any use in violation of the rights and interests of SURFESCAPE, or its members and or third parties, it will be obliged to act against those in violation. Similarly, the contravention or incompletion of these aforesaid obligations and/or any other type of violation (including the introduction of diffusion of viruses), damage, misuse, over-flowing, deterioration, or impediment of the normal use of the material and information of the contents the systems of information or the documents, archives and all the class of content stored in any computer of SURFESCAPE, of its members or of any user.
The user is aware of, and voluntarily accepts, that the use of the service is his/her sole and exclusive responsibility.
The user will respond to any damage or injury of any kind that SURFESCAPE may suffer as a consequence to the incompletion of any of the obligations that are stipulated by the "Conditions of General Use", or by the law in relation to the Use of Service.
Through the publication of the contents in the thesurfescape.com portal, the legitimate holder of the rights of the intellectual property of the published photographs expressly authorizes SURFESCAPE to reproduce, distribute and publicly communicate the content by any electronic means, principally Internet and email, for every person, and without any time limit. In this sense, the USER declares that he or she is the legitimate owner of any photographs posted on the website, with the correct rights for the publication of these photographs in the Portal thesurfescape.com
SURFESCAPE does not permit the insertion of contents that reduce the quality of the service. It prohibits the insertion of any contents that:
- May be illicit in terms of national norms, community or international norms, or any contents that may cause illicit activity or that violate the principles of good faith.
- Do not meet the parameters of quality set by SURFESCAPE.
- Attempt to violate the fundamental rights of the people, search for any weakness of the user, fails to comply with the courtesy of the network, harass or cause our users or third-parties to have negative opinions. Specifically, and in the said mode of any of the legal rights of third parties (although not limited only to the form stipulated by these rights); those that favour or promote the creation, maintenance and encouragement of businesses related to pornography, obscene material, or steps towards erotic contacts; contents that are related to clairvoyance, tarot, "science of the occult", or any other related content; and, in general any contents that SURFESCAPE may consider inappropriate for the users, and, especially, for any minors.
- And in general, any contents that violate the principles of legality, honour, responsibility, protection of human dignity, protection of minors, protection of public order, protection of private life, the protection of the consumer and the rights of intellectual and industrial property.
As such, SURFESCAPE reserves the right to withdraw from the website any of the contents that are not considered to be appropriate to the characteristics and purposes of thesurfescape.com
SURFESCAPE cannot control each and every one of the published contents, and in such a way it cannot assume the responsibility for the contents.
In every case, the inserted and published contents are regularly revised in order to secure the principles of the quality of SURFESCAPE as indicated by the norms set out here.
If advised of any inappropriate content in the website, please contact us through our service of Attention to the user: hello at thesurfescape dot com.
Any user that inserts a content that contravenes the valid legality will assume the exclusive responsibility of the damages and consequences thus caused, therefore absolving SURFESCAPE of any responsibility.
The users are the only persons responsible for obtaining any type of authorisation, permission or license, in the case of these being necessary for the creation and publication of any content.
Any user that inserts a content that contravenes the valid legality will assume the exclusive responsibility of the damages and consequences thus caused, therefore absolving SURFESCAPE of any responsibility.
The user expressly authorizes SURFESCAPE to distribute data related to content that has contributed to SURFESCAPE.
The user expressly authorizes SURFESCAPE to change some contents in order to respect the graphic design of the website or other means of communication used in the SURFESCAPE platform. These rights or licenses of use are granted for use worldwide and the duration of the legal protection of the user rights.
SURFESCAPE has no obligation to control the use of the service by the users and therefore does not guarantee that it will be used in accordance with the provisions of the terms, nor does it guarantee that the users will be diligent and/or prudent to these terms.
As such, SURFESCAPE has no obligation to verify the identity of the users, the accuracy, validity completeness and /or authenticity of the data that the users provide about themselves.
Notwithstanding the previously stated, SURFESCAPE reserves the right to restrict, in whole or in part, the access of the services of individual users, and to cancel, suspend, block or remove certain types of content through the use of technological instruments suitable for this purpose if there is actual knowledge that the activity or stored information is unlawful or harms the property or rights of any third party. For this reason, SURFESCAPE may establish necessary filters in order to prevent the possibility that the service could be present in a network of illegal or harmful content.
Saving those cases expressly described in the Legal Conditions and the rest of the normative brand of the website, SURFESCAPE does not accept responsibility for the damages and injuries of any form that can result from an absence of accuracy, topicality, exhaustively, and as such any errors or omissions of those that the information and service contents in this website could suffer, or that other contents that could be accessed, nor is any promise or duty assumed to verify or invigilate the contents or information.
As such, SURFESCAPE does not guarantee the availability, continuity nor infallibility of the functioning of the website, and consequently, it excludes by the maximum means permitted by the current legislation, any responsibility for the damages and injuries of any form that can result from the availability or continuity of the functioning of the web site, and the services similarly authorized, as such any errors in the access of the distinct web pages or those from which, where applicable, the said services are available.
SURFESCAPE does not assume responsibility for the contents, dates and/or information invested by the users of the website, nor for the external contents of the website available through links. Particularly, SURFESCAPE does not guarantee that those contents will be true, nor that they will fulfil a determined aim, nor they will be able to serve this aim.
SURFESCAPE will not be responsible for the opinions expressed by users through the portal, forums, communities or other tools of participation and opinions.
SURFESCAPE includes inside its contents links to sites belonging to or administered by third parties, with the objective of facilitating access to information available through the Internet.
SURFESCAPE does not assume any responsibility pertaining to the existence of the links of this site and contents that are situated outside of it, or of any other mention of the contents external to the site. Such links or mentions have a purpose that is exclusively informative and, in no case, implicate support, endorsement, commercialisation or relation to anything between SURFESCAPE and the persons or perpetrating entities of such contents or titles of the sites where they are found.
The precedents set by the Legal Conditions and the rest of the conditions of the web site will be governed by Italian legislation.
For any legal issues or actions pertaining to the provision of the services and contents of SURFESCAPE, and over the interpretation, application, completion or incompletion of what is established, SURFESCAPE and the USER, with strict resignation to any other jurisdiction that could correspond to them, are submitted to the jurisdiction of the courts and tribunals of Milano.
The use of this Service comes with the condition of a previously completed registration form for the Community with the website www.thesurfescape.com (via the user Access link), and therefore with the previous acceptance of the legal conditions.
Therefore, the use of some of the services attribute the condition of the User (here on, the “User”) of the thesurfescape.com security ,the Forum service, and expresses the full and unreserved acceptance by the User of each and every condition in the version published by SURFESCAPE at the moment in which the User accesses the service.
The use of the Forum Service is also subject to all notices, regulations of use and instructions made known to the User of SURFESCAPE.
SURFESCAPE reserves the right to modify, at any time these conditions of use for the Forum. The same applies from the moment they are available to the users through the website www.thsurfescape.com. SURFESCAPE recommends reading the conditions each time that the Forum is used as they may have been subject to change.
The provision and use of the Service by the User shall, in any case, be subject to strict compliance of the terms contained in these Legal conditions
If the user chooses not to accept the Legal conditions and / or where appropriate, future conditions and notices that SURFESCAPE may present, the User must refrain from accessing and / or use the Forum Service offered.
The purpose of these Legal conditions is the provision of the Forum Service over the internet. The Users, free of charge and with previous validation of the name of the User and a previously assigned password, can interchange, access, respond to messages and, in general, maintain conversations with other Users of the service to express opinions and exchange views about information, activities and services that are contained in www.thesurfescape.com or that may be accessed from here, as well as matters related to SURFESCAPE.
The access to the Service will be provided through the name of the User and the password chosen by the User. The User assumes the consequences for the breach of confidentiality and misuse of the passwords and access codes.
Any User with an age of 14 years or more may freely access this Service. Any user under the age of 14 years will require written consent from the parents or guardians of the minor in order to access the Forum service.
The user agrees to the use of the Service in accordance with the law, these conditions and the Legal conditions of the website, in addition to the moral and good customs generally accepted and the public order.
The user is obliged to abstain from using the services for illicit effects or purposes contrary to the provisions established in these conditions and legal conditions of the website, from harming the rights and interests of others, or in any way damage, disable, overburden or impair the normal use or enjoyment of the service for the other users. In particular, and merely illustrative and not exhaustive, remains the prohibition of the transmission, dissemination or the making available to others through the service, information, messages, graphics, sound files and/ or images, photographs, recordings, software and, in general, any type of material, information or contents that:
A. In any way harasses, threatens, or abuses the other members of the forum o any outside third parties.
B. Incorporates obscene or objectionable contents or that could offend the sensibilities of any third parties who access the Service.
C. Disseminate contents that may infringe or violate any right of intellectual property.
D. Encourage others to violate these conditions, the General conditions of website use and other Legal Conditions contained in the website www.thesurfescape.com
E. Post content with the intention of impersonating any members of the thesurfescape.com team nor other User through the use of a similar identification or through any time of other method or device.
F. Can be used for commercial purposes, advertising or illegalities for example the transmission of junk mail, chain mail or the mass distribution of unsolicited messages.
G. Infringe regulations about the privacy of communications.
H. Remains expressly prohibited the sale, promotion and distribution of services of products through the platform of the SURFESCAPE forum.
For its part, SURFESCAPE reserves the right to withdraw and/ or suspend any User of the Service for breach of any of the Legal Conditions and can eliminate, remove and / or suspend any message that incorporates information with the characteristics listed above (letters A to G) even when it has not remained stated above, without prior notice or subsequent notification.
The messages and contents expressed by the Forum Users enabled by this website are the opinions only of those senders and only they are responsible for their content is solely and exclusively.
SURFESCAPE is in no way responsible for any messages sent by their Users and also excludes any liability for damages of any kind that could result from the knowledge of the conditions by third parties, characteristics and circumstances of the use of the service by the Users or that could be due to access and, where appropriate, to the interception, removal, alterations or manipulation by third parties authorised or not, for the messages that the Users disseminate or make available to third parties through the Forum service.
SURFESCAPE does not guarantee the availability, continuity nor the infallibility of the functioning of the Service and therefore excludes as far as legally possible, all liability for any damages of any kind that may be due to the availability or continued operation of the website and of the services provided, also for the errors in accessing other web pages or those from which, if any, such services are rendered.
As indicated in paragraph 1 of these conditions of the Forum Use, the access and use of the Forum is subject to the condition that there has been a previous acceptance of the General conditions for Forum use. Thesurfescape informs that it will treat all personal data under the terms of the Personal Data Protection Policy in the website.
Additionally, the user expressly agrees that the opinions expressed in the SURFESCAPE forums are will be found and accessible through Internet searches.
Users guarantee the truthfulness, accuracy, validity and authenticity of the Personal information provided, and have the responsibility to keep them updated.
Given that the security measures of the Internet are not faultless with respect to the privacy and the security of the use of the Forum service, SURFESCAPE does not guarantee that third parties, authorised or not, may be aware of the nature, conditions, characteristics and circumstances of the use of the service by the Users or that they can access and, where appropriate access, intercept, eliminate, alter, change or manipulate the messages and communications or any kind that Users disseminate or made available to third parties through the said services.
SURFESCAPE authorises the registered user in the Service the use of intellectual property rights relating to software that permits the performance of the benefits that make up the Service solely in order to use them as set by the terms and conditions.
SURFESCAPE does not grant any other license or authorisation of use regarding its rights to any type intellectual property or regarding any other type of property related to the Forum service or regarding the contents in the Declaration of Intellectual Property rights from the website www.thsurfescape.com that the User can find in the Legal Terms.
These terms are governed in each and every one of its clauses by Italian law.
Users may submit suggestions or proposals about the improvement of different information, activities and / or content services provided in the website. Please contact the SURFESCAPE customer services.
SURFESCAPE recommends the User to print the Terms and Conditions of the Forum Service before registering.
Copyright © 2015 –SURFESCAPE
All rights of use are reserved.
This website is guided by and in compliance with Italian law, and is protected by national and international legislation relating to intellectual and industrial property.
The texts, designs, images, databases, logos, structure, brand names and all other elements of this site are protected by the intellectual and industrial property rights of SURFESCAPE, and/or third party title holders who have authorized their inclusion in the website through remittance of the form.
Any reproduction, transmission, adaptation, translation, modification, communication to the public, or any other use of all of any part of the content of this site, effected by any form of through any means, electronic, mechanical or other, is strictly prohibited unless previous written permission has been granted by SURFESCAPE or third party title holders. Any infraction of these rights can result in extrajuridicial proceedings, or civil judicial proceedings, or any corresponding penal proceedings.
SURFESCAPE does not concede any license of authorization of use of any class over its rights of intellectual and industrial property, or over any other property or right related with the Portal, the services, or the contents of the website.
The legitimacy of the rights of intellectual or industrial property corresponding to the contents invested by the users is under the exclusive responsibility of the users themselves.
In order to preserve the possible rights of intellectual property, in the case of any USER or third party becoming aware of any possible violation of their legitimate rights by introducing a determined content in the website, this USER or third party must provide a written notification of the said circumstance to a SURFESCAPE srls (thesurfescape.com), Via Santa Caterina da Siena 33, Lissone (MB) Italy indicating:
– Information personally indentifying the interested title holder of the rights presumed to be infringed. If the reclamation pertains to a third party distinct from the interested party, the interested party must make this representative relation known.
– Indication of the contents protected by the rights of intellectual property and their location in the web.
– Documents accrediting the existence, ownership, and validity of the cited rights of intellectual property.
– A declaration expressing that the interested party takes can account for the accuracy and veracity of the data and information provided in the notification that refers to this point.
The hereby stated policy of data protection regulates the access and the use of the services of the website www.thesurfescape.com, (from here on referred to as the " SURFESCAPE ") and as such SURFESCAPE srls the uses of the site freely available to the users of the Internet interested in its services and contents (said users hereon referred to as the "Users".)
In conforming to the law for the Protection of Personal Data (LOPD), SURFESCAPE as the title holder of the website, informs the user of the existence of data files of personal information created by SURFESCAPE and under its control and responsibility.
SURFESCAPE fulfils all criteria of the current legislation relating to the protection of personal data, and is under its own obligations of confidentiality in relation to its activity.
If the user decides to register with thesurfescape, he/she will be required to provide the data strictly necessary to ultimately fulfil the objective of our website, which s none other than that of facilitating, at the point of entry, through the publication of advertisements, between companies that offer products and services related to the celebration of a thesurfescape and those users interested in the company’s products and services
To such effects, it is required that the users complete a form which includes their personal data. The treatment of this form will have the sole focus of obtaining these ends, and will always remain within the established norm.
The personal data relating to the registered users that is made available through the form authorised and effected in www.thesurfescape.com, is intended solely for specific use by SURFESCAPE, with the following purposes:
-To enable the users the free access and search facility of the services and products related to adventure sports depending on the province, sector of activity, type of service and population.
-Advertise services and products from companies associated with the holding of an adventure sport by creating a form with contact details, location and description of their services or products and photographs, if necessary.
-To facilitate contact, through requests for information via email and telephone, between companies that advertise their products and services in thesurfescape.com and the Users interested in these services.
-To facilitate for the users all information necessary to organize an adventure activity through articles and advice published in thesurfescape.com.
-The creation and participation in the SURFESCAPE forum.
-Referral of electronic promotional communication and information about real estate and other sectors stated in point 4.6 of the Data Protection Policy.
The fields marked with an asterisk (*) in the registration form to be completed by the user are strictly necessary for the completion of their application, and in the remaining fields the inclusion of information is voluntary.
The User guarantees that the personal data given to SURFESCAPE is true and as such the user takes on the responsibility of communicating any modification of this data.
The given data is adequate, relevant, and not excessive in relation to the legitimate and explicit fields, purposes and services of SURFESCAPE.
The User guarantees that all the personal information given is exact, up to date and corresponds with the current and veritable situation of the User. It corresponds to the user, and it is the obligation of the user to maintain, in every moment, the correct data, and the user is as such uniquely responsible for any inaccuracy or falsehood in the given data, or for any damages that could be caused to SURFESCAPE or to third parties who wish to use the services offered by SURFESCAPE.
In this way, the User gives his/her consent from the moment of registration, that the photographs of their property will be publicly visible to the rest of the users of SURFESCAPE and within internet searches.
The User expressly consents to the transfer of their data to other users of SURFESCAPE as well as entities that use the services of SURFESCAPE to find users interested in area.
Those above the age of fourteen are able to register as users with SURFESCAPE without the previous consent of their parents or guardians. For minors below the age of fourteen years, the consent of their parents or guardians is required for the treatment of their personal data.
In no case will the personal data relating to the professional, economic or private situation of any other members of the family be obtained from an under-age minor without consent.
If you are a minor below fourteen years old, and you have gained access to this Website without notifying your parents, you are not permitted to register yourself as a user.
The completion and sending of the electronic form of SURFESCAPE, signifies the express consent of the user to the sending of bulletins that include news, details of new features, and information relevant to the Website, and similarly the users consent to the electronic communications relating to the business sector and the following sectors:
Information and Technology:
- Computer science, software and Technology
- Digital TV/ Satellite / Cable
- Mobile telephone
- Gastronomy / Nutrition
- Craft, Decorating and Interior design
- News and communication to collaborate or associate with non-governmental organizations
- Private banking
- Stock exchange and investment
- Credit: Loans and Mortgages
- Credit Cards and Accounts
- Renting / leasing
- Property offers
- Cars and the motoring sector
Fun and Leisure:
- Online betting
- Digital Channels
- Games of Chance
- Cinema and theatre
- Restaurants and nightclubs
- Videogames and multimedia
Articles for women:
- Women´s footwear
- Cosmetics and perfumes
- Personal care
- Jewellery, watches and optics
- Fashion and Accessories
Articles for men:
- Men´s footwear
- Personal care
- Men´s fashion
- Flight offers
- Hotel offers
- Car rental
- Rural Tourism
- Holidays and weekends
- Business trips
Products for children:
- Products for babies
- Children´s footwear
- Toys /Educational games
- Children´s and young person’s clothing/ Juvenile
- Professional or vocational training
Health and well-being:
- Health food
- Ecology and environment
- Alternative medicine
- Weight loss / Dieting
- Health, Healthy living
- Team sports (Football, Basketball, etc.)
- Water sports
- Extreme sports and adventure
- Sports equipment
- Tennis, Golf, Skiing y Cycling
SURFESCAPE has in place two mechanisms through which any users who wish to, can eliminate these services in a free, fast and easy manner.
For this, the user must enter the menu of access and deactivate the option of sending in the section for electronic communication. In this way, he/she will be able to exclude his or herself by following the instructions that are indicated at the end of the section relating to electronic communication.
SURFESCAPE notifies the users that it has adopted the technical measures, that are organized, regulated and established, that guarantee the security of the personal data and that prevent its alteration, loss, unauthorised access or treatment, taking account of the state of the technology, the nature of the data stored and the risks that it may be exposed to.
SURFESCAPE does not use "spamming" technologies, and will only use the data transmitted by the user through the electronic form authorized in the website or through email messages.
SURFESCAPE (thesurfescape.com) Via Santa Caterina da Siena 33, Lissone 20851 (MB), Italy. Alternatively, through email:: hello at thesurfescape dot com The email should indicate in the subject line the issue to which it refers.
SURFESCAPE reserves the right to modify the current policy in order to adapt it to any legislative of jurisprudential changes.