Terms

(last updated: June 2016)

The www.histouring.com portal (hereinafter, the "Portal" or the "Website") is available to Internet users in order to provide information on the "Facilities" (e.g. hotels, restaurants, public historic establishments, historical brands, means of transport, museums, libraries, clubs, etc.) present on the
Portal and other related services (collectively, the "Services").


1. Terms of service


By using the Site or the Services, you agree to comply and be legally bound by the terms and conditions of these terms of service (the "Terms"), regardless of whether you become a registered user of the Portal and / or of the Services. These Terms govern the access and use of the Site and the Services and any text, graphics, image, music, software, audio, video, information or other material (the "Content") and constitute a binding agreement between the user and histouring.com. Please also read our Privacy Policy carefully at www.histouring.com/en/privacy-policy/.

If you do not agree with these Terms, you will have no right to obtain information or otherwise continue to use the Site or the Services. Failure to comply with these Terms in the use of the Site or Services could result in civil and / or criminal penalties.

The user recognizes and accepts that histouring.com is not part of any contract between users and owners and / or managers of the facilities, and histouring.com is not a real estate broker, agent or insurer. Histouring.com has no control over the conduct of owners and users of the Site or the Services and excludes any liability in this regard within the maximum limits permitted by law.

You acknowledge and agree that by accessing or using the Site or the Services, or by downloading or publishing any content from or onto the Site, including through the Services, the same indicates that you have read and understand and agree to be bound by these Terms, and to receive our Services regardless of whether or not it is registered on the Site. If you do not consent to these Terms, you have no right to access or use the Site, Services or Contents.

If you accept or agree to comply with these Terms on behalf of a company or other legal entity, you declare and guarantee that you have the authority to bind such company or other legal entity to these Terms and, in such an eventuality, the "user" and "you" will refer and apply to that company or other legal entity.

2. Changes


Histouring.com reserves the right, in its sole discretion, to modify the Site or the Services or to change these Terms at any time and without prior notification. In the event that we change these Terms, we will post those changes on the Site, or we will otherwise notify you of the change. By continuing to access or use the Site or the Services after publishing a change to the Site or sending notification of a change, you confirm that you agree to be bound by these Terms as amended. If you consider these changes unacceptable, the only remedy at your disposal will be to cease using the Site and the Services in question.


3. Suitability


The Site and the Services are intended exclusively for persons aged 18 or over. Any access or use of the Site or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site or the Services, you declare and warrant that you are at least 18 years of age.

4. Operation of the Site and the Services


Histouring.com is neither the owner nor the manager of any of the structures included in the Portal, including but not limited to hotels, restaurants, historic establishments, museums, libraries, clubs, other accommodations or accommodation, nor is it a supplier of real estate and Histouring .com does not own, sell, resell, provide, supply, lease, sublease, let, sublet, manage and / or control real estate, as well as transportation or travel services.

Histouring.com's mission is exclusively to illustrate the Structures for the users through the Site and the Services.

Please note that, as previously indicated, the Site and the Services are intended to be used to provide information and services related to the Structures. Histouring.com does not monitor and cannot monitor the condition, legality or suitability of any Structure. As a result, any relationship between the user and the Structure is at the sole risk of the user.

5. Registration of the Account


In order to access certain features of the Site, as well as to review the Structure, you must register and create an account ("Account") and become a Member. The user can register directly through the Website.

You cannot have more than one (1) active account. You agree to provide accurate, complete and current data during the registration process and to update this data to keep it accurate, current and complete. Histouring.com reserves the right to suspend or terminate your Account and access to the Site and the Services in the event that you create more than one (1) Account or in the event that any information provided during the registration process later turns out to be inaccurate, untrue, outdated or incomplete, or otherwise in violation of these Terms.

You are responsible for keeping your password. You declare that you will not disclose your password to any third parties and that you will assume sole responsibility for any activity or action related to your Account, whether you have authorized such activities or actions. You will immediately notify Histouring.com of any unauthorized use of your Account.

6. Reviews


As a Member, you have the right to leave a review of the Structure.

You acknowledge and agree to be solely responsible for all your reviews published by you. Accordingly, you declare and guarantee that you use the Portal in a diligent, correct and respectful manner, especially when you publish opinions or photographic or audiovisual works in the various forms that allow it.

Furthermore, you agree not to (i) publish images or comments or actions of title: defamatory, false, offensive, obscene, blasphemous, offensive, insulting, tacitly or explicitly sexual, threatening, harassing, racist, sexist, discriminatory for any grounds, which undermine morals, public order, fundamental rights, public liberties, honor, privacy or the image of others and, in general, current legislation, and / or illegal or the rights of third parties (for example, intellectual property rights, privacy rights or publicity); (ii) send or post junk mail transmitters, "spam" messages for commercial purposes, "chain letters" or unsolicited bulk mailings, false, misleading material or that which promotes illegal, threatening, obscene, defamatory or libelous activity or rude conduct; (iii) provide practical information on illegal activities; (iv) provide information that involves any commercial, advertising or sales activity, even if there is no monetary consideration; (v) provide personal data of third parties that require the consent of the owner or holder of the rights.

You are responsible to Histouring.com or third parties for any damage that may be caused by the violation of these obligations.

Histouring.com reserves the right, at any time and without prior notice to you, to remove any review for any reason, including reviews that Histouring.com, in its sole discretion, considers objectionable for any reason, in violation of these Terms or otherwise harmful for the Site, Facilities or Services.

7. Registration - Publication of the Structures - Exclusion of approval


No special requirements are required for users who wish to register as Members (save the age of majority).

Historing.com reserves the right to publish the Structures on the Site on the basis of certain objective parameters linked to the purposes of the Site and mainly related to the historical, cultural and / or architectural value of the Structure.

Histouring.com does not recommend any Member or any Structure within the Portal

These Terms require Members to provide accurate information. Although histouring.com may, for the purposes of transparency or prevention or detection of fraud, directly or through third parties, ask the user and / or the Facilities to provide an identification document issued by public authorities, date of birth and other information, or carry out checks and perform additional procedures to verify or check the identities or past histories of the Members and / or the Structures and / or verify the information of the Members and / or the Structures in the databases of third parties or other sources, we do not express any statement, nor confirm or endorse any Member and / or Structure or the presumed identity or previous history of the Member and / or the Structure.

By using the Site or the Services, you agree that any legal remedy or liability that you seek to claim for the actions or omissions of other Members or other third parties will be limited to a claim against the Members in question or the third parties that caused the damage. You declare that you will not attempt to assign liability or seek any legal remedy against histouring.com.


8. User conduct


The user acknowledges and agrees to be solely responsible for compliance with any law, rule and regulation that may be applicable to the use of the Site, the Services and the Contents. In relation to the use of the Site, the Services and the Contents, the user cannot and recognizes that he will not be able to:

  • violate any local, state, provincial, national or other law or regulation or any court order including, without limitation, land use restrictions and tax laws;
  • use software, devices, scripts, robots, backdoors or other means, manual or automated processes to access, perform "scrape," "crawl" or "spider" web pages or other services contained on the Site, the Services or the Contents;
  • access or use our Site or Services to use, submit, or allow to be used or presented, Content: (i) that is not publicly displayed by histouring.com in its search results pages; (ii) in ways incompatible with the Privacy Policy and the Terms; or (iii) in any other way that may represent a violation of the rights to privacy or any other rights of users of histouring.com or third parties;
  • use the Site, Services or Content for any commercial or other purpose that is not expressly permitted by these Terms or in a manner that falsely implies approval or participation of histouring.com or otherwise misleads third parties regarding an affiliation with histouring.com;
  • weaken, damage or otherwise harm the histouring.com brand in any way, including through unauthorized use of Contents, registration and / or use of histouring.com or terms derived from domain names, trade names, trademarks or other distinctive signs, or the registration and / or use of domain names, trade names, trademarks or other distinctive signs that closely imitate or may be confused with the domains, trademarks, slogans, promotional campaigns or histouring.com content.
  • copy, store or otherwise access or use any information contained on the Site, the Services or the Content for any purpose not expressly authorized by these Terms;
  • violate the rights of histouring.com or any person or entity, including without limitation the rights of intellectual property, privacy, advertising or contractual rights;
  • interfere with or damage our Site or the Services, including, but not limited to, the use of viruses, cancelbots, Trojans, malicious code, flood ping, denial-of-service attacks, backdoors, IP packets or IP spoofing, routing counterfeit or information on the e-mail address or similar methods or technologies;
  • use our Site and Services to transmit, distribute, publish or forward any information concerning any other person or entity, including without limitation, photographs of others without the permission of the interested parties, personal contact information or credit or debit cards, prepaid cards or current account numbers;
  • use our Website, Services or Content in connection with the distribution of unsolicited commercial e-mails ("spam") or advertising not related to accommodation in private habitations;
  • commit acts of stalking or harassment against any other user of our Site, Services or Content, or collecting and storing any personally identifiable information about any other user;
  • register with more than one account or register for an account on behalf of an individual other than themself;
  • recruit or otherwise solicit any Member to use the services, applications or websites of third parties without the prior written consent of histouring.com;
  • impersonate any person or entity, or falsely or otherwise falsely represent themselves or their affiliation to any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site, the Services or the Content;
  • violate these Terms;
  • to behave in a disturbing, misleading, abusive or offensive manner in any area or aspect of our platform, Site or Services;
  • publish, upload, forward or transmit any Content that: (i) contravenes, improperly acquires or infringes patents, copyrights, trademarks, trade and industrial secrets, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violate or encourage any conduct that may violate any applicable law or regulation or that could give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive (directly or by omission or due to lack of updating of information); (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promote discrimination, intolerance, racism, hatred, harassment or damage to groups or individuals; (vi) is violent or threatening or promotes violence or actions that are threatening to others; or (vii) promote illegal or harmful activities or substances;
  • systematically acquire data or other content from our Website or the Services to create or complete, directly or indirectly, in single or multiple downloads, collections, compilations, databases, directories or similar, either with manual methods, or through the use of bots, crawler, spider or otherwise;
  • use, display, make accessible through mirroring or framing the Site, the Services or the Contents or any single element within the Site, the Services or the Contents, the name of histouring.com, any commercial brand of histouring.com, the logo or other proprietary information, or the layout and design of any page or form contained on a page of the Site or the Services, without the express written consent of histouring.com;
  • access, tamper with or use non-public areas of the Site or Services, histouring.com information systems, or technical delivery systems of histouring.com providers;
  • try to probe, analyze or test the vulnerability of any system or network of histouring.com or to violate any security or authentication measures;
  • avoid, circumvent, remove, disable, damage, reverse engineer or otherwise circumvent any technological measure implemented by histouring.com or any histouring.com provider or any third party (including another user) to protect the Site, the Services or the Contents Collective;
  • falsify any TCP / IP packet header or any part of the header information in any e-mail or newsgroup publication, or in any way use the Site, Services or Content for the purpose of sending altered, misleading or false information identifying the source;
  • try to decrypt, decrypt, uninstall or decompile any software used to provide the Site, the Services, the Contents;
  • defend, encourage, or assist any third party in performing any of the aforementioned activities.
Histouring.com has the right to investigate and to promote a legal proceeding in case of violation of any of the above clauses to the maximum extent permitted by law. Furthermore, and as defined in these Terms, histouring.com may take a number of actions against you, including but not limited to disabling or cancelling a Member's Account or reviews, for a violation of this section or these Terms.
Histouring.com may access, store and disclose user information if it is required to do so by law, or if it believes in good faith that this is reasonably necessary to (i) respond to advanced claims against histouring.com or fulfil orders of a procedural nature, (e.g. citations or mandates), (ii) implement and manage our agreements with users, such as these Terms, (iii) fraud prevention purposes, risk assessment, investigation, customer assistance , product development and de-bugging; or (iv) protect the rights, property or security of histouring.com, its users, or members of the public. The user acknowledges that histouring.com has no obligation to monitor access or use of the Site, the Services or the Content by the same, or to analyze or modify any Content of the Members, but has the right to make this in order to manage and improve the Site and the Services (including, for example, the purposes of fraud prevention, risk assessment, customer assistance), to ensure compliance with these Terms by the user, to comply with the applicable law or with a resolution of a court, an administrative agency or another government agency, to respond to content that you deem otherwise deplorable or as provided in these Terms. Histouring.com reserves the right, at any time and without prior notice, to remove or disable access to Content that histouring.com, at its sole discretion, considers objectionable for any reason, in violation of these Terms, or otherwise harmful for the Site or Services.

9. Privacy


You acknowledge and accept that the histouring.com Privacy Policy (as updated from time to time) governs and regulates the collection and use by histouring.com of your personal data.

10. Intellectual property and information on rights


The Site, the Services and the Contents are protected by the laws on copyright and trademarks and other applicable laws. You acknowledge and agree that the Site, the Services and the Contents, including all related intellectual property rights, are the property of histouring.com or third parties. You will not remove, alter, or obscure any information relating to copyrights, trademarks, service marks, or other proprietary rights information incorporated into or on the Site, Services, or Content. All trademarks, service marks, logos, trade names and any other proprietary designation of histouring.com used on or in connection with the Site are trademarks or registered trademarks of histouring.com. Trademarks, distinctive signs, logos, trade names and any other proprietary designation of third parties used in the Site, in the Services, and in Content, or in connection with them, are used exclusively for identification purposes and may be owned of such third parties.

11. Contents of Members


We have the right, at our sole discretion, to allow the Structures to publish, upload, forward, send or transmit Content. Making available any Content on the Site or through it or through histouring.com promotional campaigns, accepting these Terms grant to histouring.com a license for the whole world, irrevocable, perpetual (or for the duration required for the protection of the right) , non-exclusive, transferable, free, together with the right to sub-license, use, display, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, disseminate, access, view and otherwise exploit such Content on the Site and the Services, either through them or to promote their marketing. Histouring.com does not claim any ownership rights over any of such Content and nothing in these Terms will be construed to limit any rights the user may have to use and exploit their Content.
The Structure recognizes and agrees to be solely responsible for the Contents made available through the Site and the Services or through histouring.com promotional campaigns. As a consequence, the Structure declares and guarantees: (i) to be the sole and exclusive owner of all the Content that it makes available through the Site and the Services or through histouring.com promotional campaigns and to have all rights, licenses, permissions and consents necessary to grant histouring.com the rights to such Content, as contemplated under these Terms; and (ii) neither the Contents nor the fact of publishing, uploading, inserting, forwarding or transmitting the Contents, or the use by histouring.com of the Contents (or any part thereof) on, through or through the Website or Services or through histouring.com promotional campaigns, will violate, subtract or infringe the rights of patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights advertising or privacy of third parties, nor will it constitute a violation of any applicable law or regulation.

12. Link


The Site and the Services may contain links to websites or third-party resources. You acknowledge and agree that histouring.com is not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the contents, products, or services present or available on such websites or resources. Links to such websites or resources do not imply any acknowledgment by histouring.com of such websites or resources or the content, products or services available on such websites or resources. You assume sole responsibility and assume all risks arising from your use of such websites or resources or from the Contents, products or services present or available on such websites or resources.

13. Feedback


We encourage and appreciate the fact that you provide feedback, comments and suggestions for the improvement of the Site and the Services (the "Feedback"). The user can send his feedback by sending an email or through the "Contact" section of the Website or by other means of communication. You acknowledge and agree that all Feedback you provide will be the sole and exclusive property of histouring.com, and you hereby irrevocably assign to histouring.com, and agree to assign irrevocably to histouring.com, all the rights, titles and interests on all Feedback, including without limitation the rights of patents, intellectual property rights, trade secrets, moral rights and other proprietary or intellectual property rights worldwide, and to any moral right that you may claim on such Feedback. Upon request and at the expense of histouring.com, the user will complete the documents, and undertake any further actions that histouring.com may reasonably request to enable histouring.com to acquire, refine and maintain its intellectual property rights and other legal safeguards on Feedback.

14. Resolution, suspension and other measures


Withdrawal
You can withdraw from these Terms at any time by using the "Cancel Account" option on the Website or by sending us an e-mail.
Subject to the rights specified below, histouring.com may terminate these Terms at any time by giving 15 days notice by e-mail to the user's registered e-mail address.
Resolution for non-compliance, suspension and other measures
Histouring.com can immediately resolve, without notice, these Terms if (i) the user and / or the Structures have committed a serious violation of these terms or our Policy, including without limitation, any violation of the guarantees of user established in these Terms, (ii) the user and / or the Facilities have provided inaccurate, fraudulent, obsolete or incomplete information during the registration of the Account or later, (iii) the user has violated laws, regulations or rights of third parties, or (iv) histouring.com believes in good faith that such action is reasonably necessary to protect the security or property of other Members, histouring.com or third parties, for fraud prevention, risk assessment, or for security or investigative reasons.
In addition, histouring.com may deactivate or delay reviews or other Content uploaded by Members, limit the use or access to the Account and the Site, or the Services, temporarily or permanently revoke any special status associated with the Account, or temporarily or permanently suspend the User's Account if (i) the user and / or the Facilities have violated these Terms or our policies, or (ii) histouring.com believes in good faith that such action is reasonably necessary to protect the security or property of Members, histouring.com or third parties, for fraud prevention, risk assessment, for security or investigation purposes.
In case of minor violations and where appropriate, the user will be notified of any measures taken by histouring.com and of the opportunity to solve the problem with reasonable satisfaction of histouring.com.
Consequences
In the case of termination of the Terms, histouring.com has no obligation to return to the User the Contents uploaded by him/her, including, but not limited to, evaluations or Feedback. You will not be entitled to a restoration of your Account or Content. If the access or use of the Site and the Services have been limited or the Account has been suspended or these Terms have been resolved on our initiative, unless otherwise instructed by histouring.com you will not be able to register a new Account or attempt to access and use the Site and the Services through other Accounts.
Survival
If you or we resolve these Terms, those Terms that reasonably must remain effective after termination will remain in effect.

15. Exclusion of liability


If the user chooses to use the Site, the Services or the Content, he/she does so at his/her own exclusive risk. You acknowledge and agree that histouring.com has no obligation to perform personal checks or checks relating to previous convictions for offenses on any Member. If we choose to carry out such checks, to the extent permitted by applicable law, we exclude any form of guarantee, explicit or implicit, that such checks identify the offenses previously committed by a user or the guarantee that a user will not perform an illicit act in the future.
The Site, the Services, the Contents are provided "as is", without any kind of guarantee, expressed or implied. Histouring.com explicitly excludes any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranty that arises during negotiations or derives from commercial practices. Histouring.com makes no representation that the Site, the Services, the Content meet the requirements of the user and / or the Facilities or are available continuously, safely and without errors. Histouring.com provides no guarantee regarding the quality of any Structure, Owner, Services or Contents or the accuracy, timeliness, veracity, completeness or reliability of any Content obtained through the Site or the Services.
No advice or information, verbal or written, obtained from histouring.com or through the Site, Services or Contents, will create any warranty that has not been expressly released in these Terms.
The user is solely responsible for all his communications and interactions with other users of the Site or the Services and with other people with whom he/she communicates or interacts as a result of his/her use of the Site or the Services. You acknowledge that histouring.com makes no attempt to verify the claims of users of the Site or the Services, or to verify or visit any structure. Histouring.com makes no representations or warranties regarding the conduct of users of the Site. The user undertakes to take reasonable precautions in all communications and interactions with other users of the Site and with other persons with whom he/she communicates or interacts to your use of the Site or the Services, in particular if you decide to meet them offline or in person, regardless of whether these meetings are organized by histouring.com. Histouring.com explicitly excludes any liability for actions or omissions of users or third parties (including the Facilities).
The user recognizes and accepts that, to the maximum extent permitted by law, the entire risk deriving from access and use of the Site, the Services and the Contents and any contact that he / she has with other users of histouring.com, both in person and online, is placed on him/her. Neither histouring.com nor any other party involved in the creation, production or publication of the Site, the Services, the Content will be responsible for any accidental, special, exemplary or consequential damage, including loss of profit, loss of data or loss of goodwill , service interruption, IT damage or system malfunction, or for the cost of substitute products or services, or for any damage related to personal or physical injury or moral damage due or related to these Terms resulting from use or the impossibility of using the Site, the Services or the Contents, from any communication, interaction or meeting with other users of the Site, or with other people with whom the user communicates or interacts as a result of their use of the Site, or from the publication of reviews, regardless of whether the damage is based on the breach of a guarantee or contract, or an unlawful act (including negligence), product liability or any other source of liability even if histouring.com has been advised of the possibility of such damage, or a limited remedy under this deed does not achieve its essential purpose.
It is excluded to the maximum extent permitted by law all liability of histouring.com to third parties (including structures) arising out of or related to these Terms and use of the Site and the Services or arising from the use or inability to use the Site, the Services or the Contents and in relation to any or interaction with any other Member.

16. Indemnity


You and the Facilities undertake to release, defend, hold harmless and keep histouring.com, and their officials, employees and agents unharmed to and from any claim, liability, damages, losses and expenses, including, without limitation, reasonable fees legal and accounting, arising from, or in any way related to (a) access to or use of the Site, the Services or the Content or the violation of these Terms by the user; (b) the Content uploaded by Members; (c) any of the following user actions: (i) the interaction with any Member, (ii) the publication of a review.


17. Entire agreement


Except to the extent that they may be supplemented by additional policies, guidelines, histouring.com standards or by the terms of a product, a specific feature, service or offer, these Terms constitute the entirety of the agreement between histouring.com and the user regarding the Site, the Services, the Contents and any review made through the Site, and these Terms supersede and completely replace all previous agreements or understandings, verbal or written, between histouring. com and the user.
Histouring.com reserves the right to stipulate with the Structures separate agreements that integrate the aforementioned Terms.

18. Transfer


The user and / or the Facilities may not assign or transfer these Terms, by law or otherwise, without the prior written consent of histouring.com. Histouring.com may assign or transfer these Terms at its sole discretion without restrictions. Except as set out above, these Terms will be binding and will be effective in favour of the parties, their successors and authorized rights holders.


19. Notifications


Any notification or other authorized communication or request referred to in this document, including those regarding changes to these Terms, will be in writing and will be provided by histouring.com (i) via e-mail (in each case to the address provided by user) or (ii) through publication on the Site. With regard to e-mail notifications, the date of receipt will be deemed to be the date on which such notification is transmitted.

20. Applicable law and jurisdiction


These Terms of Service and the use of the Services by the user will be interpreted in accordance with the legislation of the Italian Republic, regardless of any provision relating to the conflict of laws. The user and we undertake to devolve exclusively to the jurisdiction of the Court of Padua, Italy, any action or dispute.

21. General clauses


The failure of histouring.com to exercise any right or provision of these Terms will not constitute a waiver of the future exercise of this right or provision. The waiver of this right or provision will only be effective if made in writing and signed by a histouring.com representative. Except as expressly set forth in these Terms, the exercise by either party of any of the remedies provided by these Terms will save the other remedies provided by these Terms or otherwise. If, for any reason, a court of competent jurisdiction considers any provision of these Terms null or unenforceable, this provision will be applied to the maximum permissible measure and the other provisions of these Terms will remain in full force and effect.