GENERAL CONDITIONS OF USE

BY USING THE APPLICATION FOR ANDROID DEVICE NAMED "TABACCOMAPP" AND ACCESSING THE "TABACCO" COMMUNITY, THE USER WARRANTS AND DECLARES: (1) THAT S/HE HAS THE CAPACITY AND AUTHORITY TO BIND HIM/HERSELF AND THE NATURAL PERSONS WHO WILL USE THE APPLICATION AND/OR PLATFORM, AS THE CASE MAY BE, TO THE CONDITIONS OF THE CONTRACT; (2) THAT S/HE HAS READ AND FULLY UNDERSTOOD ALL CONDITIONS OF THE CONTRACT; (3) THAT S/HE ACCEPTS THAT SUCH CONDITIONS ARE BINDING ON HIM/HERSELF AND THE NATURAL PERSONS WHO WILL USE THE APPLICATION AND/OR PLATFORM, AS THE CASE MAY BE;

The Parties agree and stipulate as follows

Except where indicated otherwise, within the Contract the following expressions shall have the meanings specified below and may be used in the singular as well as the plural:

• "Subscription": the Application subscription plan chosen by the User upon registration or at a later time.
• "Application": the application for Android mobile device, owned by Tabacco, named "TabaccoMapp".
• "General Conditions": the terms and conditions governing the Contract as indicated in this document and subsequent amendments and additions published on the Application and/or the Platform and/or communicated to the User.
• "Contract": the agreement between Tabacco and the User, having legal effects and concerning the use of the Application and the Platform, including access to the Community and use of the Services.
• "Intellectual Property Rights": the patents, copyrights and related rights, trademarks, trade names, domain names, know-how, non-patented inventions, disclosure of inventions whether in tangible form or otherwise, trade secrets and other intellectual rights of any nature whatsoever referred to the Application and the Platform.
• "Platform" or "Community": the Internet portal accessible at the address http://tabaccomapp-community.it or other URL address made available by Tabacco ("Website") subscribed to by Users.
• "Profile" or "Account": the section containing information (including photos, videos and multimedia) on the User, entered by the same.
• "Third Party": anyone who is not a Party to the Contract.
• "Owner" or "Tabacco": the Company Casa Editrice Tabacco s.r.l., with registered office in Tavagnacco (Udine, Italy) at via E. Fermi, 78.
• "User": the person who accesses the Community and/or uses the services made available by the Company through the Application ("Services").

2.1 The subject of this contract is the registration to the Platform and the use of the same and of the Application.

2.2 Through the Application, Tabacco provides the Services to the User, including the Tabacco mapping.

2.3 The User is not authorized to use the Application and the Platform beyond the limits defined in this Contract.

3.1 The User has the right to create an Account free of charge by signing up to the Community; registration is a necessary requirement to use the Services.

3.2 The Contract shall be intended to have been concluded once the Owner confirms the User registration, also by email to the electronic mail address indicated by the same User upon the registration.

4.1 Access to the Platform requires authentication by entering a valid E-mail address and Password chosen by the User.

4.2 Considering that the knowledge of the User's credentials by Third Parties might enable these latter to improperly use the Services, the User undertakes:

• to store and use the credentials with the utmost confidentiality and diligence;
• not to allow other persons to use the User's account;
• not to use the account of other Users;
• not to assign, sell, market or transfer the account.

4.3 The User undertakes to timely notify Tabacco of any unauthorized use of the User's credentials and/or Account, as well as of any other breach of security of which the User may be informed, by reporting these circumstances to the e-mail address info@tabaccoeditrice.com.

4.4 The User accepts full liability for any unauthorized access to the Account, or use of the relevant Services by Third Parties.

5.1. The User consents to the other Users of the Community viewing the data of his/her Profile and the information and content published by the same User.

5.2 The User accepts the risk and sole liability for the publication or disclosure, however occurred, of information or data concerning the same User or Third Parties.

5.3 The User warrants and declares that all information published by the same are true and not misleading.

6.1 The Services are provided to the User after activation and registration of a Subscription.

6.2 The Subscription models, duration, fees and payment methods are indicated in the relevant section of the Application, where any changes will also be published.

6.3 In case of non-renewal of the Subscription, the relevant functions will be deactivated on the expiry date, therefore, the User will no longer be able to use the Services, except for the possibility to access the Community.

7.1 The User has the right at any time to delete his/her account.

7.2 Should any or more Services be still active at the time of deletion of an account, the User shall not be entitled to any refund for the unused Subscription period.

7.3 At the end of the Contract, for whatever reason, the Owner reserves the right to terminate the User's account, which entails the immediate and irreversible deletion of all data stored.

7.4 In any event, the User undertakes to indemnify and hold the Owner harmless from any liability and/or claim for compensation associated with the deletion of the Account and possible loss of all or part of the data, information, content and rights allocated at the time of the expiry of the Contract.

8.1 The Services to which the User may have access by taking out a Subscription include:

a) full access to Tabacco's mountain maps in a scale of 1:25,000;

b) access to the Community, which includes:

• viewing all contents published by other Users of the Platform;
• viewing, for instance and not limited to, statistics, data and information on routes;
• the possibility of sharing one's routes and other content as well as enter localized events and reports.

8.2 Tabacco undertakes to offer access to the Services to registered and subscribed Users as they are now and as will be available day by day, with no other obligations, except to the express provisions contained in these Conditions.

8.3 The Services shall be normally available 24 hours a day; however, the User acknowledges and accepts that Tabacco may suspend and/or interrupt the provision to allow performing ordinary or extraordinary maintenance activities that may be appropriate and/or necessary, even by Third Parties.

8.4 Tabacco undertakes to carry out such activities in the shortest time possible and to resume the Services as soon as possible to reduce possible inconvenience for the User.

8.5 Also, Tabacco has the right at any time and notifying the User, to suspend and/or interrupt access to the Account and/or the Services:

a) in case of default in the network and equipment used to provide the Services due to act of God or force majeure, as well as in any case of changes and/or maintenance activities that are necessary for technical reasons but cannot be foreseen and/or planned;

b) in case of faults and malfunctioning of the servers and the software, whether of the Owner or of its suppliers;

c) for justified reasons of security.

8.6 The User acknowledges and accepts that in all of the cases listed above, and in all other cases in which the Services are suspended and/or interrupted, Tabacco shall not be liable to anyone in any way for the unavailability of the Services, as their continuity is not warranted.

8.7 The User may not, therefore, claim compensation of damages, refund or indemnity of any nature against Tabacco for the suspension or interruption of the Services, and releases Tabacco from any liability whatsoever in that respect.

8.8 In the event of a prolonged suspension of the Account and/or the Services for technical reasons ascribable to the Owner with suspension of the Services exceeding 10 (ten) days, the latter shall only be obliged to extend the subscription, free of charge, for a period corresponding to the duration of the suspension. Accordingly, the User shall not be entitled to request the refund of the portion of the subscription not used; compensation of damages suffered for any reason is also excluded.

8.9 The User undertakes to notify Tabacco of any irregularities or malfunctioning of the Services immediately and however within 48 (forty-eight) hours.

8.10 Tabacco has no obligation to store, keep or provide copies of any content published by the User.

9.1 The User warrants that s/he is the creator and author of all content published on the Platform or has lawfully acquired the copyright on the same pursuant to Law 633 of 22 April 1941 as subsequently amended.

9.2 The User grants Tabacco, free of charge, a non-exclusive, irrevocable, permanent, unlimited, transmissible and sub-licensable world-wide right to use all content published on the Platform, and, in particular, to copy, prepare derivative works, improve, distribute, publish, remove, analyze such content in any way currently known or that will be discovered in the future with no further consent or notice to the User or to Third Parties.

9.3 The User warrants that no content published on the Platform breaches rights of Third Parties, including -- but not limited to -- rights relating to confidentiality, data processing, honor and reputation.

9.4 In case of disputes on the ownership of the above rights and/or the lawfulness of the publication on the Platform, the User shall hold Tabacco harmless from any obligation, request and/or claim in court or out of court filed by Third Parties.

10.1 Subject to the rights of each User and of Third Parties, Tabacco is the exclusive owner of all intellectual and industrial rights on the Application and the Platform (trademarks, logos, graphics, pictures, animations, videos and texts).

10.2 The User may not alter, copy, reproduce, download, disseminate, transmit, exploit economically and/or distribute in any way the Application and/or the Platform, nor the relevant contents.

10.3 Should the User wish to use any content existing on the Application and/or the Platform, s/he is obliged to obtain the authorizations required under intellectual property laws.

11.1 The User must acquire, at his/her own cost and under his/her own responsibility, of all necessary equipment to access the Community and use the Services (such as, but not limited to: computer, mobile device, router, Internet connection, antivirus, firewall, etc.). The User is fully and solely responsible for the use of such equipment, access to the Community and use of the Services.

11.2 The User undertakes to use the Application and the Platform in compliance with all applicable laws and regulations, including data protection and cybersecurity legislation.

11.3 The User agrees and undertakes to:

a) not upload to the Platform any pictures and/or other content that may breach intellectual property rights of Third Parties, also in accordance with art. 10 hereof;

b) comply with the applicable laws and the rights of Third Parties, with specific attention to confidentiality and data processing legislation and intellectual property rights;

c) not upload to the Platform images and/or other content that may be of a racist, threatening, defamatory, obscene, offensive, violent or violence-inducing, political, racist or xenophobic nature and, in general, content that is contrary to applicable laws and regulations, personal rights or morality;

d) not use the Application and/or the Platform for purposes other than access to the Community and use of the Services provided;

e) enter true and accurate information and behave in accordance with propriety and good faith;

f) not misuse in any way the Application or any information published on the Platform;

g) not try to access without authorization the contents of the Platform and/or of the Application that are not included within the Community or the Services;

h) not copy all or part of any content or information published on the Platform, including information contained in the Profile of other Users and Tabacco's maps.

11.4 Should the Owner become aware of a breach or alleged breach even of one of the above obligations or of unlawful or improper behavior by a User, the Owner reserves the right to take all actions deemed appropriate to remove, where possible, the breach or alleged breach and its effects, including suspension -- even as a temporary measure -- of the Account and/or disabling of certain functions or access to the Services; for more serious offences, the Owner may terminate the Account, and reserves the right also to terminate the contract under art. 13 and retain the amounts paid by the User as penalty, without prejudice to compensation of any greater damages.

11.5 The user acknowledges and accepts that s/he may not claim from Tabacco any refund, indemnity or compensation of damages for the measures that this latter has deemed appropriate to adopt under this article.

11.6 In any event, the User accepts full liability for the above breaches and undertakes to indemnify and hold Tabacco harmless from any harmful consequence, from all losses, damages, liabilities, costs, charges and expenses, including legal costs, that the Owner may incur or sustain as a consequence of any failure by the User to comply with obligations undertaken and warranties provided by the same User by accepting the General Conditions, or however relating to the processing of personal data through the Community and the Services provided by the Company, including in cases of claims for compensation filed by Third Parties on any basis.

12.1 Tabacco undertakes to ensure the regular functioning of the Platform and the Application, but does not accept any liability for malfunctioning, suspensions and/or interruptions in the provisions of the Services, even due to reasons outside its control.

12.2 Within the limits allowed by the law and subject to the provisions of the Italian Consumer Code in favor of Users Consumers, the Owner is not liable for any direct or indirect damages (including, without limitation, loss of profit, of revenues, of contracts, of expected savings, of goodwill and/or costs) that may be incurred by the User or by Third Parties further to or in connection with the use and/or non-use of the Platform and the Application, as well as with any malfunctioning of the same. In any event, Tabacco's liability shall be limited to the full refund of the Subscription fee.

12.3 The User acknowledges and accepts that s/he may not claim from the Company any refund, indemnity or compensation of damages for the measures that this latter has deemed appropriate to adopt.

13.1 The Contract shall be terminated by operation of law, in accordance with and for the effects of Article 1456 of the Italian Civil Code, if the User:

a) assigns his or her authentication credentials to Third Parties;

b) breaches Intellectual Property Rights of Tabacco and/or Intellectual Property Rights of other Users or of Third Parties, also in breach of the provisions of art. 10 hereof;

c) uses or allows Third Parties to access the Community and/or use the Services in a different manner from what Tabacco has provided or authorized;

d) breaches any of the obligations under art. 11.

13.2 In the cases referred to above, the termination shall take place by operation of law by means of a unilateral notice from Tabacco, further to which, this latter will be entitled to stop the access to the Community and/or the supply of the Services with no further notice. In such events, the User acknowledges and accepts that the amounts paid by the same shall be retained by Tabacco as a penalty, without prejudice to the compensation of any greater damage, and the User shall not be entitled to claim any refund, indemnity and/or compensation for the period in which s/he has not had access to the Community and/or used the Services.

13.3 It is understood that the termination by operation of law referred to above shall apply without prejudice to all other cases of termination and in general all other remedies under law, including actions for compensation of any damages incurred by Tabacco.

14.1 The User Consumer expressly accepts that Tabacco starts providing the Services immediately and - since the same concern the supply of digital in an intangible form pursuant to Article 59, par. 1, letter o) of the Italian Legislative Decree 206/2005, Consumer Code -- this excludes the right to withdraw from the Contract.

15.1 The User Consumer acknowledges that s/he has been able to examine the General Conditions before accepting them and has received all information under Article 48 of the Italian Consumer Code; more specifically:

a) the main features of the Services;

b) the price of the Services;

c) the information on Tabacco's identity, traditional mail, telephone and e-mail addresses and activities;

d) the information on the legal and contractual warranties and the relevant enforcement procedures;

e) the functionalities of the digital services;

f) the possibility to take recourse to mediation in the case of a dispute;

g) the information relevant to the right of withdrawal and other important contractual conditions.

15.2 Pursuant to Article 141-sexies of the Consumer Code, the User Consumer has the right to take recourse to the online dispute resolution (ODR) procedure available on the website http://ec.europa.eu/consumers/odr/

16.1 This Contract is governed by the Italian law.

16.2 The Courts of Udine shall have exclusive jurisdiction over any dispute that may result from the interpretation or performance of this Contract.

16.3 Any disputes between Tabacco and the User Consumer shall be devolved to the Court of the place of residence or address of the User, if they are within the Italian territory.

17.1 This Contract annuls and supersedes any previous understanding stipulated between Tabacco and the User on the same subject and it fully reflects the agreements concluded between the Parties on such subject.

17.2 The User declares that s/he has no claims towards Tabacco in relation to any possible use of previous versions of the Application and/or the Platform and irrevocably undertakes not to file, now or in the future, any demands, applications or claims of any nature whatsoever, including for credits and/or compensation of damages, based on the use of the previous application or on past legal relationship, even though related to the same Services.

17.3 In no event may any non-compliance and/or behavior of the User in contrast with the General Conditions be considered as an exception to the same or as tacit acceptance of the non-compliance, even if Tabacco fails to send a notice of non-compliance. No failure by the Company to exercise or enforce any right or term of the Contract shall be interpreted as a waiver of such rights or clauses.

17.4 Any amendment to this Contract must be made in writing. In case of amendments by the Owner, the User will be entitled to withdraw within thirty days of the publication of the amendment on the Application and/or the Platform.

17.5 Should any provision of this Contract be declared invalid or unenforceable, the other provisions shall remain fully valid and enforceable.

17.6 For what is not expressly included in the General Conditions, the Parties expressly refer to the laws in force at the time of conclusion of the Contract, insofar as compatible.