Terms & conditions
CONDITIONS OF USE OF THE PLATFORM
This document describes the use of the online platform “Lugano Eventi” (hereafter the “Platform”), consisting of the website www.luganoeventi.ch (hereafter the “Website”) and related resources, including social media pages and profiles (in particular: Instagram), the App for mobile devices “Lugano Eventi” (hereafter the “App”), available free of charge and without registration in the stores.
Paragraphs A and B specify the ownership of the Platform, the communication details and describe the mechanism for review and acceptance of this document. The conditions for accessing and using the Platform and its features are described in paragraph C. Finally, paragraph D governs the substantive law applicable to the legal relationship between the parties and establishes the court of jurisdiction in the event of a dispute relating to that relationship.
The policy on the processing of personal data and cookies relating to the Platform, with consequent user information, is described in a separate document, accessible at this link: https://luganoeventi.ch/it/trattamento-dati.
The same is deemed to be reproduced and supplemented in full here.
“User” refers to any person, natural or legal, who uses the Platform. “Promoter” refers to any user, natural or legal person, who submits or organises events for publication on the Platform.
PLATFORM OWNER AND COMMUNICATIONS
The Platform is owned by the Municipality of Lugano (CH) (hereinafter the ‘Owner’) and is managed by the Events and Congresses Division of the City of Lugano.
All communications shall be in writing and shall be deemed validly and effectively executed upon receipt thereof, if effected by ordinary mail, respectively when sending the reading confirmation, if done by e-mail.
Divisione eventi e congressi, Città di Lugano
Via Trevano 55, CH-6900 Lugano
+41 58 866 74 40 (from Switzerland)
E-mail: [email protected]
ACCEPTANCE AND MODIFICATION OF TERMS AND CONDITIONS
By using the Platform, the user accepts the terms and conditions in force at the time of access. The current version can be viewed by clicking on the link at the bottom of the Site. It is the user’s responsibility to carefully check the status of the terms and conditions before accessing the Platform, as the right of the Owner to update this document at any time and at his own discretion is reserved, in particular according to the evolution of the applicable law, the functionality, as well as the services and products made available to the user.
CONDITIONS FOR USE OF THE PLATFORM
The platform allows users to find information via website, App and Newsletter about events taking place in the canton based on their own preferences, and promoters to recommend their own events or those of third parties for publication on the platform. Users are also able to share and/or comment on events via their favourite social media.
2.The platform provides information free of charge and without assurances
The Platform is purely informative and is free of charge.
The Owner does not exercise any control or carry out any preventive checks on the events reported by promoters and published on the Platform. Users should not rely on such information without appropriate direct verification with the event organiser, as the Municipality of Lugano does not provide any guarantee of completeness and/or correctness.
It is recommended that you contact the event organiser in advance and ask for confirmation of all elements relevant to your choice (in particular: confirmation of event holding, price, age restrictions, security requirements, etc.).
The Owner authorises, reserving the right to revoke at any time, hypertext links directed to the home page of the Site or to social profiles, provided that such links are not in any way detrimental to the image of the Platform, the Owner and its bodies, managers and officers.
Hypertext links to the internal pages of the Site, downloading and incorporating, in part or in full, the contents of the Platform into other sites or online and/or offline resources are prohibited and will be prosecuted civilly and criminally, unless a written licence is granted by the Owner.
Scope of publication
The contents will be accessible from the Platform, as well as from the following sites owned by the Municipality of Lugano: www.longlake.ch, www.foce.ch, www.lugano.ch, www.luganoconventions.com, as well as from the site of the Lugano Tourist Board: www.luganoregion.com.
Minimum reporting requirements
Reported events and their content (including logistical and organisational information) should be clear, complete, of public interest and of high quality. The report must include at least a 250-character description and a quality image, of which the reporter or event organiser holds the copyright, with the following minimum requirements: 1000 pixels (width) x 580 pixels (height).
Users undertake to observe the rules of conduct mentioned below.
Intellectual Property on the Platform
The Owner holds full and exclusive intellectual property rights to the individual components of the Platform, its graphics, databases and content, in addition to signs and denominations protected by law, as well as registered (where indicated) and unregistered trademarks. Any use by third parties not supported by a legal or contractual license of use, in the latter case in written form, is illegal and liable to civil and criminal prosecution.
Content from social media and other public sources
The Owner publishes images selected by its contributors or submitted by users on the Platform.
If the author of the pictures believes that they are protected by Swiss Copyright Act (CopA), the Owner is available to settle the matter. Please write to [email protected] providing the link to the photograph, your personal data and proof of legitimacy as author or owner of the claimed copyright.
In the event of protection, the author may, at his or her choice, request either to have his or her authorship mentioned or to have the image deleted from the platform.
Right to edit transmitted content
The Owner reserves the right, which the user accepts by using the Platform, to unilaterally modify texts, images, links and content intended for publication without prior consent.
5.Rights to user-generated content
Waiver or licence; reservation of rights
To the extent legally permissible, by disseminating content via the Platform, e.g. in the form of reviews, documents, messages, images, photographs, etc., the User waives all rights to this content, in particular pertaining to intellectual property, respectively the exercise of these rights, so that the published content is freely available to all Platform users. In the event that the aforementioned waiver is not permitted, the User grants the Owner and other Platform users a general, free, non-exclusive, irrevocable licence, of indefinite duration and with global effect, to use, share and store, for non-commercial purposes, the content disseminated via the Platform.
On the other hand, the rights of event promoters to the content of their relevance being disseminated via the Platform (in particular, images, logos, photographs and texts) are fully reserved.
Deletion of user-generated content in case of abuse
The Owner undertakes to promptly delete user-generated content in the event of a breach of these conditions of use. The request for deletion must originate from the owner of the asserted claim and must be precise, justified and documented. It must be submitted in writing electronically to [email protected]
6.Obligations of the Owner and Limitations of Liability
The Owner makes the Platform and related resources available to users on a purely voluntary basis. The availability of the Platform therefore does not confer any right to the provision of goods or services, nor to the maintenance of the Platform. In particular, the reporting of an event, whether one’s own or that of a third party, does not determine any right to actual publication.
The Owner reserves the right to suspend, modify or discontinue the availability of the Platform and its content at any time, without prior notice and at its own discretion.
The Owner also reserves the right to exclude specific users and/or content from the Platform and any resources connected to it, particularly where there are indications of activities or conduct that do not comply with this document.
7.Limitations of liability
User content on the Platform is published without guarantee of lawfulness, completeness, accuracy or reliability, as such content is not under the control of the Owner or subject to prior verification. Responsibility for content lies solely with those who have uploaded or shared it on the Platform, respectively their authors.
By using the Platform, the user accepts that the Owner does not assume any role, as well as any liability, in relation to the (direct) contractual relationship between the user and the event promoter or organiser.
Any liability on the part of the Owner in the event of malfunctioning or unavailability of the Platform and its connected resources attributable to external events (for example: interruptions to the Internet network, malfunctioning of the User’s devices, cyber-attacks, blackouts, etc.) or as part of ordinary or extraordinary maintenance work is excluded. In the event of an emergency during periods of temporary unavailability of the Platform, the User may contact the Controller by telephone or email.
Links to sites, resources and online services outside the platform
The Platform integrates links to sites, resources and online services external to its own domain, e.g. to acquire real-time data and display information (e.g. images, news and videos). The Owner has no control over such sites and resources, in particular from the point of view of security, quality of the information received and data protection, and therefore declines any responsibility for any malfunctioning, unavailability, damage or loss deriving from the use of/reliance on any content, good and/or service coming from third party sources or available on sites and resources external to the domain luganoeventi.ch.
8.General rules of conduct
Users undertake to use the Platform (and related resources) in a manner that is lawful, respects the rights of the Owner and third parties, and complies with this document.
In particular, they undertake to:
- report existing and quality events;
- not to use the Platform (and related resources) and the information contained therein to engage in unlawful, fraudulent or harmful acts against the rights of third parties;
- not to post or share, directly or indirectly via links, content that is misleading, unlawful, harassing, offensive, discriminatory, threatening, harmful, vulgar or otherwise inappropriate;
- not to include or share, directly or indirectly via links, data, images, videos, or photographs relating to third parties without having obtained their express consent;
- not to include or share, directly or indirectly via links, any content that infringes industrial and intellectual property rights or the applicable data protection regulations;
- refrain from disseminating and distributing Platform content to third parties without the prior written authorisation of the Owner;
- communicate up-to-date and correct data and information;
- not to interfere or attempt to interfere with the operation of the Platform or hinder the usability of the services by other users;
- ensure that their computer devices are protected (e.g. by antivirus and firewalls) and free of malicious elements (such as malware, viruses, trojan horses, etc.);
- communicate personal data via the IT platform only with the prior express consent of the persons concerned, after having fully informed them about the related personal data processing.
Each user undertakes to indemnify and hold harmless the Municipality of Lugano and/or its bodies, managers and employees from any damage and/or prejudice and/or loss of earnings, whether financial or moral, resulting from the unlawful and/or non-compliant use of the Platform and the resources linked to it.
9. Exclusion of users from the Platform
The Owner reserves the right, at its sole discretion, to restrict, partially or completely, access to and/or use of the Platform and the information and resources linked to it, as well as to delete content without prior notice, particularly when there are indications of potential activities or behaviour that do not comply with this document.
APPLICABLE LAW AND JURISDICTION
The legal relationship between the user and the Municipality of Lugano with regard to access and use of the Platform (and related resources) is governed by Swiss substantive law, subject to cantonal law where applicable, excluding the rules of international private law.
The parties choose the competent court for the District of Lugano as the exclusive competent court in the event of a dispute arising from or simply related to the use of the Platform (and related resources), subject to any mandatory law provisions imposing a different jurisdiction. The Municipality of Lugano reserves the right to bring the case before the competent court at the registered office, branch or domicile of the user.
Effective date: 20 January 2020