Terms of Use for the website www.misterwhat.nl administered by FABULABS S.p.A.
The original version of this document is in Italian. In the event of any discrepancy between a translated version of this Agreement and the Italian version, the Italian version shall prevail.
(Premise): Fabulabs Spa ("FABULABS"), with registered office in Galleria Polidoro 7, 43121 Parma, VAT N. 02531310346, Email: , provides services through the website https://www.misterwhat.nl (the "Site" or “MISTERWHAT”).
Unless explicitly stated otherwise, these Terms and Conditions (hereinafter collectively referred to as "Terms") of www.misterwhat.nl apply to all services provided in the online business directory www.misterwhat.nl, in relation to the navigation on the Site, the use of its Services and to all relationships and interactions between the Visitors/Users and the Site.
For the purposes of these Terms and the Privacy Policy of the Site, expressions conventionally indicated with a capital letter (whether singular or plural) must be assigned the respective meaning specified below:
The Services provided by MISTERWHAT include, but are not limited to, the following:
A. Access to a list of companies, professionals, associations and public bodies, organized by location and business categories. New company profiles can be added by Users;
B. Reviews, photos or other contents about companies that Users can add through the platform provided by MISTERWHAT.
Visitors and Users can apply for the Services with or without registration solely on the basis of these terms and conditions. FABULABS employees do not have the authorization to make additional oral agreements. Validity of other conditions is excluded.
4.1 Using the Site Visitors and Users agree to fully comply with the terms throughout the use of MISTERWHAT.
4.2 In order to present their business or to access specific services, Visitors need to register. Registration to MISTERWHAT is free. If the Visitor has not completed an application form for registration, when data were taken from public sources not protected by copyright and accessible by anyone, FABULABS reserves the right to cancel the business listing without explaining it in writing to the Visitor or User, in case it becomes impossible to update data from public sources not protected by copyright and accessible by anyone. As per the requirements of the registration form, all the information submitted by the User should be accurate, genuine, complete and current. The User is required to verify the information he/she submitted at regular intervals and update his/her contact details and information. In case the User fails to meet the obligations concerning the absolute correctitude and completeness of the information in the fields marked mandatory, FABULABS has the right to delete his/her registration temporarily or permanently and to forbid the User to use the registration-based services provided by MISTERWHAT.
4.3 Minors must not use the Site without parental consent and supervision. It is the responsibility of their legal representatives to determine which services are appropriate for their child, and FABULABS cannot be held responsible under any circumstance for use of the services without parental supervision.
5.1 Users can present their activities and companies for free using the services provided by MISTERWHAT.
5.2 MISTERWHAT offers Visitors and Users a simple use right to use information provided by MISTERWHAT. This use right is unrestricted in time and space, and is limited to the search and visualization of the information for personal use only. Any other use of the information provided by MISTERWHAT is strictly prohibited. Prohibited uses of the provided information include: industrial or commercial misuse of the information presented on MISTERWHAT, the partial or complete reproduction, sale, distribution, transmission, publication of the information and data available on the Site, the creation of directories and/or digital or printed databases, processing of the information to third parties. Visitors and Users can use the Site only in accordance with legal provisions, particularly with the regulations applied to data protection.
5.3 FABULABS provides the service “as is” and “as available” without any further guarantee, implicit or explicit, for the contents, the fruition of the contents and their availability. FABULABS does not guarantee the uninterrupted, unsuspended access to the Site and its Services, which can be affected by various factors not under its control. For example: access to the Site and access to the Services may be suspended and/or interrupted (temporarily or permanently) due to: any type of technical reasons, accidents, violation of terms of use. Under no circumstances can FABULABS be held responsible by Visitors and/or Users for the consequences caused by the interruption and/or suspension of its services.
5.4 MISTERWHAT databases, source code, software, data, logos, texts, images, graphics, page layout and design solutions are protected by copyright and by trademark rights whenever applicable. The trademarks and logos on the Site are property of FABULABS. Unless stated otherwise by FABULABS, the copyright of the software, programs, source code, graphics, design, texts, data etc. belongs to FABULABS. Visitors/Users agree that the logos, trademarks, contents, information, software program and code, data and any other technical, creative, graphical solution on the Site are property of FABULABS and can be used by the User/Visitor for the sole purpose of using the Site and its Services. Any reproduction or unauthorised use, including but not limited to: the partial or complete reproduction, sale, modification, distribution, transmission, publication is prohibited and it is subject to civil and criminal law. Any reproduction or any other use requires written authorization.
5.5 When infringing use rights, Visitors and Users are entirely liable for any damages arising therefrom.
5.6 The User or Visitor must report to FABULABS without delay any occurring error or other threats and abuse committed by others.
5.7 Visitors and Users are not allowed to post or send, by email or any other means, any type of viruses or any other software programs aimed at interrupting, destroying or limiting the functionality of any software, hardware or telecommunication devices. For all the information transmitted, by email or any other means, whether it is publicly posted or privately transmitted, including but not limited to photos, video, graphics, news, data, text, software, sound, or any other kind of content, the entire liability rests solely with the person who sent that particular content.
5.8 Despite periodically monitoring the Site, FABULABS cannot guarantee that the Site is immune from viruses and other potentially obnoxious programs. It is the responsibility of the User/Visitor to adopt all the security measures and up to date software that are necessary to protect their devices.
5.9 FABULABS does not verify any content posted by Users through the Site and does not guarantee (nor assume any responsibility for), the correctness, quality, integrity or completeness of such content. Visitors and Users should consider the information on the Site as an indication, and accept that FABULABS is not responsible for any omission, missing information, incorrect information published on the Site.
5.10 FABULABS has no control over the content posted by Users. The content of the company profile cannot have any reference to the following contents: excessive profanity, content related to racial intolerance or advocacy against any individual, group or organization, pornography, adult or mature content, hacking or cracking content, illicit drugs and drug paraphernalia content, and any other content that is illegal, infringes on the legal rights of others and promotes illegal activity. FABULABS reserves the right to delete with immediate effect the company profile page of those companies that contains any of such contents. Likewise, it must not be published any data, texts, images, files, links, software or different contents, which is, or may be considered by FABULABS to be, harmful, illegal, defamatory, abusive, harassing, vulgar, hateful, obscene or objectionable in any way.
5.11 MISTERWHAT values the freedom of expression of its Visitors and Users. However, we require such freedom to be exercised within the limits of the law, without offending any business, professional, company or organization in any way. Visitors who register can add comments, opinions and other contents on a specific business. Upon registering, Visitors accept that they are solely responsible for any content that they will add through the commenting platform made available by the Site. Therefore FABULABS is not responsible in any way for the actions of Visitors and Users who violate the Terms of Use. FABULABS reserves the right to invalidate and delete any comment or opinion that is defamatory, insulting, discriminating, gross, without giving any notice to the User who entered it. Opinions and comments directly impacting business owners or employees and their work won’t be tolerated. FABULABS is not obliged to check and verify comments and opinions entered by Users. However, we reserve the right to access those comments and opinions, anytime and without notice, in order to verify that Terms of Use are being respected. If any violation, real, verified or alleged is found, FABULABS reserves the rights to take the required actions, including the suspension or interruption of the service. FABULABS reserves the right to inform the relevant authorities in case appropriate.
5.12 Spamming the Site is prohibited. This includes sending illegal and unsolicited emails, publicity and promotional offers to third parties. When sending emails, it is prohibited to provide false information concerning the sender, or to hide his identity.
5.13 FABULABS reserves the right to sell advertising space or place advertising on the Site, free or paid, as deemed appropriate.
6.1 The User/Visitor agrees to access the Site and use its Services in accordance with the General Data Protection Law (GDPR) and the Italian Law on Industrial Property, Copyright, e-commerce and ‘cybercrimes’. This includes, but is not limited to: the User/Visitor agrees to: a) not to abuse the Site for any illegal purposes; b) not to use the Site to publish or transmit in any way any information or content that is incorrect, offensive, abusive, not legitimate, unlawful, illicit, pornographic, explicit, gross, obscene, racist, insulting, defamatory; c) not to transmit any materials, contents, messages inviting others to act against the law; d) not to spam, not to send commercial and/or promotional messages; e) not to upload, install, spread viruses, malware and other obnoxious softwares and programs in the network and system. Not to interfere with, damage, erase, delete goods and/or personal information; f) not to perform actions that could voluntarily, artificially or in any way overload the Site and its Services.
6.2 (Security and Access) When registering on the Site, the User is responsible for all activities conducted through his/her account. The User is not allowed to share the password with third parties. The User has the sole responsibility to securely store, preserve, manage and correctly use the password: agrees to take all necessary measures to protect and correctly use the password, and to immediately notify MISTERWHAT about lost password, unauthorized use of the password and any possible abuse. MISTERWHAT can in any moment and without notice modify and/or disable the password for technical and security reasons, communicating the change to the User, who will need to follow the instructions to access the Site again. In order to prevent possible abuses, the User is required to use the available 'Sign Out' button upon leaving the Site.
6.3 The User sends all the necessary information to implement the service. The User must have the right to transfer and publish data and information to MISTERWHAT and undertakes to comply with data protection regulations. MISTERWHAT posts online and for free the published contents for its Users.
6.4 The User is fully responsible for the accuracy and legality of the information he/she provides. This is especially true for Users who have a protected professional title or who are members of a professional association (for example, architects, doctors, tradesmen, lawyers, notaries and accountants). The User explicitly guarantees that the data he/she submits complies with local laws.
6.5 The User agrees to indemnify FABULABS regarding any third-party claims arising from illegally published information. This indemnity obligation includes the obligation to relieve entirely the operator of the Site of legal defense costs (for example lawyers, Court, Court of Appeal, and legal fees).
6.6 MISTERWHAT can send information and explanations concerning Terms, in particular to the email address of the User. Users are responsible for checking regularly the email address through which he/she registered to MISTERWHAT.
6.7 FABULABS has the right to regularly inform the User about news and new services offered through newsletters and can ask the User to revise or update his/her published information. If FABULABS has any reason to believe that the published information is false, inaccurate, outdated or incomplete, FABULABS has the right to request from the User to update the information by email at any time; if the User does not respond to the email, FABULABS reserves the right to delete his/her profile from the Site.
6.8 The User is fully responsible for access control and for the consequences of abuse committed during his/her access, as a result of neglected safety measures.
7.1 FABULABS is authorized to store contents and to deliver them to third parties if required by law, in order to comply with legal regulations or judicial/administrative orders, to defend against any third-party claims or allegations, or to protect the rights, property or personal safety of FABULABS, Visitors and Users. FABULABS emphasizes that the technical processing and transmission of contents can be accomplished through different networks. Contents might be slightly changed to adapt to different requirements of connecting networks or other devices (like different Internet browsers).
7.2 The User undertakes that he/she has all the necessary rights to publish all the texts and other materials online. The User transfers all the necessary rights to FABULABS for online publication, namely: the use rights and other rights, in particular the right to publish and reproduce pictures, logos, contents etc.
8.1 FABULABS is not responsible for the contents provided by Users of the Site. This information cannot be attributed to FABULABS and it does not represent its views. The contents include links, profile information, reviews, comments, pictures and videos posted on the web pages of the Site.
8.2 FABULABS holds as highly important that the service is reliable and the servers suffer as few interruptions as possible. Any interruption caused by maintenance or server failures cannot be excluded, and FABULABS does not assume responsibility for any such interruption.
8.3 FABULABS assumes no liability for damages arising from the use of the business directory by Visitors or Users because in case of such free services in legal sense there is no service contract. Therefore there cannot be claims for loss of profits, third party claims for compensation or other direct or indirect damages resulting from interruptions or misuse of the Site.
9.1 If the User publishes contents or files in publicly accessible areas, he/she gives FABULABS the right to use these contents (in whole or in part) on a global level, to reproduce, modify, adapt and publish them, if this is done only for the sole purpose of presentation, distribution and promotion of the content in question.
9.2 This right is valid only for the period of publication made by the User. Users can remove their publication from the Site at any time.
9.3 If the User does not have the right to publish a particular content, he/she must ensure that the content rights holder has agreed to the transfer of rights under the above provisions.
MISTERWHAT uses all the technical and organizational security measures to protect authentication information, passwords or any other data recorded for security purposes, from destruction, manipulation, loss, unauthorized access. The methods used to meet the protection requirements are in accordance with the generally accepted standards of this field.
The exclusive place for all the disputes concerning services provided by MISTERWHAT is Pavia, Italy. For all claims of any kind arising from or in connection with a situation under terms and conditions, the Italian legislation will be applied.
If some provisions of these Terms, in whole or in part, are no longer valid, or will lose their legal effect later, the validity of the Terms will not be affected more than that. Instead of the inefficient regulations the legal provisions will come in force automatically. The same applies in case of any possible omissions in the terms.