Terms & Conditions
General Terms and Conditions of "InterTV" Service
Service description – PROVIDER
"InterTV" is an audiovisual media service via the Internet (the "Service") provided by Inter Media and Communication S.p.A. ("Inter"), having its registered office in Milan (MI), postcode 20124, Viale Della Liberazione 16/18, enrolled in the Companies' Register of Milan, tax code and VAT no. 08651600960. Inter, as the service provider, selects and coordinates the audiovisual content of "InterTV" delivered live or on demand (the "Content") and is therefore responsible for its editorial content in accordance with current legislation including, in particular, Legislative Decree no. 177/2005 and subsequent amendments and additions.
Inter offers the user (the "User") the service and access to the content through the relevant section of its website 'inter.it' or through the section of the Inter app, available for iOS and Android devices (jointly, the "Channel"), on the basis of different access conditions available depending on the type of content, as indicated in article 2.
REQUIREMENTS FOR ACCESSING THE SERVICE
The content available on InterTV is accessible through two different service levels:
Free: Content freely accessible to any visitor to the channel;
Plus: Content reserved for users registered to the channel.
Access to Plus Content also includes Free Content. In order to access the Plus Content, it is necessary for the user to be registered to the channel, according to the terms and conditions indicated on the registration page (the "Account").
The identification of the content covered by the service as Free or Plus and any change in the category of the same content is the sole responsibility of Inter: therefore, Inter reserves the right to change the category of the content from Free to Plus, and vice versa, at any time and at its sole discretion.
Your access to and use of the service is governed by these terms and conditions (the "Terms").
Registration to the channel and access to Free Content and Plus Content implies acceptance of these Terms.
If you fail to comply with the Terms, Inter reserves the right to refuse, restrict or terminate your access to the service and to prohibit any future use of the channel and/or take legal action against you.
Inter reserves the right to update, amend and/or supplement the Terms from time to time for reasons imposed by regulatory changes or for other reasons related to the operation of the services. Any changes made by Inter to the Terms will be accessible on the channel. The Terms, as amended, will be made available directly at www.inter.it. The timing and manner in which changes to the Terms will become effective and apply to users will be set out in such notices from time to time, depending on the nature and extent of the changes. Unless otherwise provided, if you continue to use the Service after notice of the changes and their publication, you will be deemed to have accepted such changes.
DESCRIPTION AND OBJECT OF THE SERVICE The service enables the user to access the audiovisual content of the channel (the "Content"), subject to the relevant terms and conditions of access applicable to the type of content. Inter provides the user with the limited, revocable, non-exclusive and non-transferable right to access the Service and, in particular, to view all content made available by Inter, subject to the Terms and subsequent amendments as provided in Article 3. The service only allows the user to view the content for personal use within the family and home environment while connected to the Internet network and remaining connected to the service, being excluded any possibility to download or duplicate the content in any way, to disseminate or communicate it to third parties or to the public. The user agrees not to use the service or the content for commercial purposes or for profit, or, in any case, for purposes other than those expressly specified in these Terms. The user is informed and accepts the fact that the contents object of the service may be available in English and/or in Italian and/or also in another language and that they may contain promotional and advertising communications. In addition to the different conditions of access related to the type of content, access to the content may be subject to territorial restrictions and the content may vary from one country to another. In the event that the user has the right to transfer the content, in accordance with the conditions set out in the EU Regulation no. 2017/1128, they will be guaranteed access to the same content if they are temporarily present in another member country of the European Economic Area, even if access to such content is restricted in that country. For this purpose, Inter may request from the user any information necessary for the verification of the Member State of residence pursuant to EU Regulation No. 2017/1128.
ACCESS TO THE SERVICE
Access to Free and Plus Content is available as long as it is made available to users at the channel.
The user acknowledges and accepts that since Inter is not responsible for the internet connectivity service, Inter cannot guarantee the quality of the service from a technical point of view. Therefore, Inter is not responsible for the quality of the service due to the use of non-compatible or malfunctioning equipment, improper use by the user, or the malfunctioning of connectivity.
The user confirms that they are solely responsible for all actions and omissions associated with accessing and using the service and, in the case of a registered user, agrees to exclusively and personally use their account credentials necessary to access the service, to keep them secret and confidential, and not to give them to third parties for any reason whatsoever, assuming all responsibility for activities relating to their account and agreeing to immediately notify Inter of any theft, loss or unlawful knowledge of their account by third parties. The user also agrees to keep the data provided during registration to the channel up-to-date and complete. The user shall relieve Inter and third parties from any liability and prejudicial consequences arising from a violation by the user of the obligations deriving from the Terms, as well as from any subsequent amendments and/or additions thereto. The user acknowledges and accepts that the service may only be used through the special web pages of the Channel, in compliance with the Terms and with the laws and regulations in force. In particular, the user is expressly prohibited, in whole or in part, from:
incorporating the content into or through another website or online service or present, displaying or making available the content to other parties through any means whatsoever, removing any distinctive sign or information notes relating to the content or software and technologies related to the service;
copying, duplicating, distributing, displaying or communicating to the public, assigning to third parties, decompiling, disassembling, adapting, commercialising, translating, selling, lending, renting, reverse engineering, meringe with other software the content, modifying or creating derivative works of the service or any content, by the user or any third party, in any form and by any means, including, without limitation, electronic, mechanical or optical means;
uploading and/or stopping and otherwise interfering with the functionality of the service, as well as sending automated or automatically generated requests to the service; using robots, crawlers and similar applications to collect and analyse content or personal information of users of the service;
breaching the security of the Service, identifying security vulnerabilities, circumventing or manipulating the operation or functionality of the service, attempting to enable actions or features that are otherwise disabled, inaccessible or undocumented in the service;
assuming and/or using the identity and/or generalities of another person (or other fictitious person) and otherwise making misrepresentations as to one's identity;
generally taking actions that could result in civil or criminal administrative offences or violating the rights of any third parties.
Inter reserves the right to monitor user's compliance with the Terms at any time. Any breach of any of the provisions of this article by the user shall be considered a serious breach of contract and shall entitle Inter to request the immediate termination of the contract and the consequent immediate cancellation and/or suspension of the user's account and access to the service, without prejudice to compensation for damages suffered by Inter. EQUIPMENT REQUIRED TO ACCESS THE SERVICE Unless otherwise indicated in the terms and conditions of access to the service, the content is available for viewing in streamings on the channel through personal computers on Windows and Mac OSX systems, and on the app for smartphones, available for iOS and Android. Below are the minimum system requirements necessary to use the service: Minimum system requirements: Processor: 2.33GHz or more x86 -compatible processor, or 1.6GHz or faster Intel® Atom™ processor for netbooks; Memory: 2GB (1GB for netbooks) 128MB graphics card. Operating systems: Windows 8.1 or later, Mac 9+ Browser: latest versions of Microsoft Edge, Mozilla Firefox, Google Chrome and Safari. *Internet Explorer and Opera are not supported for Live Video. 512MB RAM (1GB RAM recommended for netbooks) In order to access the service, the user is also aware that their device must be connected to the internet. The user is solely responsible for the costs and maintenance of this connection. Inter reserves the right to modify, suspend or cancel, at its discretion and at any time, the support of certain hardware and software platforms, as well as certain functions or components of the service, in order to maintain adequate technical, security and accessibility standards of the channel. Inter shall not be liable for any such changes, suspensions or cancellations, it being understood that Inter shall take all actions reasonably necessary to keep the service and the channel up-to-date from a technological point of view. The channel will automatically adjust the quality of the service depending on the connectivity used by the user.
SERVICE AVAILABILITY SUPPORT - CLAIMS The user has been informed - and consequently accepts - that the actual availability and functionality of the service depends on various factors and elements, including software, hardware and communication networks, some of which are provided by third parties and/or used directly by the user and, therefore, do not fall within the sphere of management of Inter, which, consequently, cannot be held liable in any way for malfunctions.
In any case, Inter may suspend the provision or limit the use of the service by the user, in whole or in part, in order to carry out maintenance and/or management activities on the service and its equipment, with a view to improving its operation, without this entailing any liability for the user. The user is duly informed - and consequently accepts - that in order to view the content, it is necessary to follow the instructions provided to them by Inter, as present on the channel. In any case, should the user have any doubts or queries regarding access to the service and/or the use of the Service itself, the streaming of content, the user may contact the customer service department at the addresses indicated below.
For any communication or complaint regarding the service, the user may contact Inter at the following addresses:
Inter Media and Communication S.p.A.
Viale Della Liberazione 16/18 20124 - Milan or at [email protected]. OWNERSHIP RIGHTS OVER CONTENT AND DISCLAIMER OF WARRANTY
All the contents of any category and, in general, the information that the user may access through the service - including, by way of example but not limited to, images and audio-video recordings, trademarks, distinctive signs and any other intellectual property right - are the exclusive property of Inter and/or its assignors, whose ownership and exclusivity of the relevant rights is acknowledged by the user.
The contents may be protected by means of technological protection measures pursuant to and in accordance with Law no. 633/41 on copyright, in order to prevent acts not authorised by the rights holder, as well as electronic information on the rights regime indicating the terms and conditions of use of the content. The removal or circumvention of these protection measures may constitute a civil, administrative and criminal offence also pursuant to Articles 171, 171- bis, 171- ter, 174- bis and 174- ter of Law 633/1941.
In any case, the user is not authorised to use in any way other than streaming (and therefore, among other things, is not authorised to modify, download, duplicate, publish, transmit, share, cede in use, reproduce, reprocess, distribute, exploit in any way) the content, including, but not limited to, images and audio-video recordings, trademarks, distinctive signs and any other material and/or intellectual property right made available to the user through the service. Therefore, except for the limited right to access the service and content as described in the Terms, you are not granted any right, title or interest in or to the service or content.
The service and content are made accessible to the user "as is", "as available", without any warranty of conformity to the user's needs, purposes or aims, implicit or explicit. Inter will provide the service with professionalism and diligence, but excludes any and all warranties relating to the service to the fullest extent permitted by applicable law with respect to the different conditions of access to the content. Inter shall therefore not be held liable for the failure to provide any content provided or advertised, or for the user's inability to view any content. In any event, Inter's liability for gross negligence or wilful misconduct, or for death or personal injury cannot be excluded or limited, nor can any further potential mandatory rights of the user as a consumer.
Inter reserves the right to choose to make available updates, bug fixes or other changes and improvements to the service and/or the channel ("Service Updates").
In particular, service updates may be: (i) automatic, in relation to general site changes and additional aspects or data updates required by the service; (ii) optional, and therefore made at your discretion, in which case you will receive information and instructions on how to initiate and otherwise authorize service updates; (iii) mandatory, in which case you will be required to consent to the service update or the installation or update of a third party plug-in if you wish to continue to access the service.
The user is informed that the service and/or the channel may not be available during the service update.
Should any of the clauses making up these Terms be declared invalid or in any case unenforceable, this shall - pursuant to and for the purposes of Article 1419 of the Civil Code - not entail the nullity of the Terms themselves, but rather, where possible, the replacement of the invalid and/or unenforceable clause with any mandatory rules, or with another valid and enforceable clause established between the parties, or the ineffectiveness of the specific clause in question affected by the nullity.
Regardless of the user's place of residence or the place from which he/she accesses the service, these Terms and the user's use of the service shall be exclusively governed by and construed in accordance with the laws of Italy, without prejudice to the application of mandatory rules of other countries that may be provided for by the provisions of private international law.
COURT OF JURISDICTION
Without prejudice to mandatory legal provisions and without prejudice to the compulsory conciliation procedures, the Court of Milan shall have exclusive jurisdiction over any dispute concerning the validity, execution or interpretation of these access conditions and the relevant effects.
In any case, Inter and the user shall be entitled to resort to the mediation procedures provided for by Legislative Decree 28/2010, without prejudice, however, to the possibility for the user to initiate out-of-court settlement of disputes, as provided for by articles 66 and 141 et seq. of Legislative Decree 206/2005 for any dispute arising between the parties in relation to the application, execution and interpretation of these Terms.
In accordance with article 141-sexies, paragraph 3 of Legislative Decree 206/2005, Inter informs the user that, in the event that they have submitted a complaint directly to Inter, following which it has not been possible to resolve the dispute thus arising, Inter shall provide information on the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these Terms (the so-called ADR bodies, as referred to in articles 141 et seq. ADR bodies, as referred to in articles 141 et seq. of Legislative Decree 206/2005), specifying whether or not it intends to use such bodies to resolve the dispute.
Inter also informs the consumer user that a European platform for online consumer dispute resolution (so-called ODR platform) has been established. The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/. Through the ODR platform, the consumer user can consult the list of ADR entities, find the link to the site of each of them and initiate an online dispute resolution procedure for the dispute in which he/she is involved. For further information on the ADR procedure and the competent Italian ADR entities, the user consumer may consult the following website: https://www.mise.gov.it/index.php/it/mercato-e-consumatori/tutela-del-consumatore/controversie-di-consumo/adr-risoluzione-alternativa-controversie.
The user's right to bring any dispute arising from these Terms before the competent ordinary judge, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the requirements are met, to initiate an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures set out in Part V, Title II-bis of Legislative Decree 206/2005, shall in any event remain unaffected.