Terms and Conditions of WuvDay

Introduction

These Terms govern

  • the use of WuvDay, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.


The User must read this document carefully.

Any other contract or agreement entered into between the Owner and the Sellers shall always prevail over the provisions of these Terms. Therefore, in such cases, these Terms shall apply only residually and in accordance with applicable provisions in such agreements or contracts.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where WuvDay has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

WuvDay is provided by:

MLR s.r.l. – Via Filippo Corridoni, 8 – 76123 Andria (Italy)

Owner contact email: privacy@mlr.srl

"WuvDay" refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available;
  • applications for mobile, tablet and other smart device systems;
  • the Application Program Interfaces (API);
  • the Service;
  • any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;

What the User should know at a glance

  • Usage of WuvDay and the Service is age restricted: to access and use WuvDay and its Service the User must be an adult under applicable law.
  • Minors may access WuvDay and use its Service only under parental or adult supervision.
  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Premise

WuvDay is a marketplace that is at the service of information and publishing sector, therefore, it guarantees compliance with the rules on the confidentiality of sources and on the privacy of the people involved in the news.

As a rule, the journalist, in exercising the right to report, gives maximum transparency to the sources of the news, indicating them accurately to readers or radio and television’s users. However, in the event that the sources ask to remain confidential, the journalist is required to respect professional secrecy and to inform the readers or radio and television’s users that will read, listen to or watch the information about this circumstance. Journalistic secrecy therefore pertains to the sources of the news and operates only in the case where this is required by the fiduciary nature of the same. Professional secrecy does not necessarily represent a limit to the profession of journalist, but it is also an expression of freedom of the press. The lack of protection of journalistic sources could, in fact, dissuade journalistic sources from helping the press to inform the public on matters of general interest, as recalled by the European Court of Human Rights, 25 February 2003, Roemen and Schmit c. Luxembourg.

The Wuvday marketplace guarantees by default, right from the account registration phase, anonymity for all USERS, automatically assigning an "alias" and an anonymous "Avatar" to each one of them according to an algorithm. This default option can only be omitted upon explicit request by the USER (business or editor) and / or for marketing opportunities.

How WuvDay works

The Service of WuvDay is provided at no monetary cost to Buyers. Products offered by the Owner or by Sellers via WuvDay are marked as such.

These Terms only apply to the described usage of WuvDay as a platform.
Terms, conditions and any other provision applying specifically to transactions between Buyers and Sellers are specified by each Seller.

By accepting the Terms, Users fully and unconditionally release and forever discharge the Owner, its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with:

  • disputes between Users, or any other person or entity,
  • the Products’ use, including, without limitation, any and all claims that such use violates any of Seller’s intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity, or
  • Users’ activity on WuvDay, including, but not limited to, Users’ legal capacity, ability to complete a transaction, or pay the associated costs. User acknowledges and agrees that the Owner has no control over, and shall have no liability for any damages resulting from, the use or misuse by any other person or entity of any Products.
    If the Owner becomes aware of any Products that allegedly may not conform to the Terms, the Owner may investigate the allegation and determine in its sole discretion whether to take action in accordance with the Terms. The Owner has no liability or responsibility to Users for performance or nonperformance of such activities. The Owner has the absolute right to remove and/or delete without notice any Products within its control that it deems objectionable. Users consent to such removal and/or deletion and waive any claim against the Owner for such removal and/or deletion. The Owner is not responsible or liable for failure to store posted content or other materials Users may transmit through WuvDay. Users shall take measures to preserve copies of any data, material, content or information such User posts on WuvDay. Any identity verification methods the Owner employs is strictly on a best efforts basis and shall not be relied upon by Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using WuvDay.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

  • There are no restrictions for Users in terms of being Consumers or Business Users;
  • Users must be recognised as adult by applicable law;
  • Minors may only use WuvDay under parental or adult supervision;
  • Users aren’t located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country;
  • Users aren’t listed on any U.S. government list of prohibited or restricted parties;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by WuvDay.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Conditions for account registration

Registration of User accounts on WuvDay is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

  • Accounts registered by bots or any other automated methods are not permitted.
  • Unless otherwise specified, each User must register only one account.
  • Unless explicitly permitted, a User account may not be shared with other persons.

Tax Responsibility:

The Owner does not act as a tax substitute for private sellers on WuvDay. Therefore, each seller is personally responsible for complying with all applicable tax laws, including declaring and paying taxes on transactions made on the platform. Sellers are required to inform themselves and fulfill their tax obligations in accordance with the legislation in force in their country or region of residence.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By using the tools provided for account termination on WuvDay.
  • By directly contacting the Owner at the contact details provided in this document.

Closing the account will lose access to all WuvDay services, all data and any credit not redeemed.

All these contents will be deleted

Note: The list below may not include all WuvDay services affected by your account deletion, such as services that WuvDay no longer supports. User data will also be deleted from these services.

  • User listings will be deleted;
  • User requests will be deleted;
  • User responses to requests will be deleted;
  • The user's purchase proposals will be deleted; The user will in any case be responsible for the charges relating to any pending or unfinished financial transactions.

By closing the account, the user waives any credit not yet redeemed and / or points not yet redeemed and any possible recourse action.

Note: it is possible that some of the WuvDay services affected by the deletion of the account may not be included in the list above, for example the services that WuvDay no longer supports; user data relating to them will also be deleted.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on WuvDay

Unless where otherwise specified or clearly recognisable, all content available on WuvDay is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on WuvDay infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on WuvDay - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicence, edit, transfer/assign to third parties or create derivative works from the content available on WuvDay, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on WuvDay, the User may download, copy and/or share some content available through WuvDay for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Contents provided by Users

The Owner allows Users to upload, share or offer their contents on WuvDay.

Providing contents to WuvDay the User certifies the originality and authenticity of them, declares to be legally authorized to provide them and confirms that said contents do not violate the law and / or the rights of third parties, moreover, guarantees the originality and authenticity of the same.

Further insights regarding acceptable content can be found inside the respective section on WuvDay which details the acceptable uses.

The User acknowledges and accepts that by providing its contents to WuvDay, it irrevocably and free of charge grants the Owner the exclusive right in case of sale and non-exclusive in other cases, valid worldwide and perpetual (i.e. for the duration of legal protection), to use, access, archive, reproduce, modify, broadcast, publish, transform into derivative works, transmit (including streaming) or otherwise exploit the contents to provide and promote the Service in any form or media channel.

This right may be transferred or licensed to third parties. Within the limits of the law, the User renounces the exercise of moral rights in relation to the content provided to WuvDay.

Users acknowledge, accept and confirm that all content they provide through WuvDay is provided subject to the same general conditions set forth for content on WuvDay.

User responsibility for the contents provided

The User is the unique responsible for the contents uploaded, published, shared or otherwise provided to WuvDay as well as the geographical location of the content, guaranteeing its veracity, whether certified or not. The User acknowledges and accepts that the Owner does not filter or moderate such contents.

Nonetheless, the Owner reserves the right to remove, delete, block or rectify these contents at its discretion and to deny access to WuvDay without notice to the User who uploaded them:

  • if they have received a complaint in relation to these contents;
  • if they have received a notification of infringement of intellectual property rights;
  • if they have received a complaint in relation to the geographic location associated with this content;
  • by order of the Authority; or
  • if it has been pointed out to the Owner that such contents, if accessible through WuvDay, may represent a risk for Users, for third parties or for the availability of the Service.

The removal, cancellation, blocking or rectification of the contents does not justify any claim for compensation, reimbursement or indemnification by the Users who have provided such contents.

Users agree to hold the Owner harmless from and against any claim advanced and / or damage suffered due to content provided by them to or offered through WuvDay.

Removal of content from parts of WuvDay available through the App Store

If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Service.

Access to provided content

Content that Users provide to WuvDay is made available according to the criteria outlined within this section.

Publicly available content

Content meant for public availability shall be automatically made public on WuvDay upon upload or, at the sole discretion of the Owner, at a later stage.

No personal data, identification or other information referable to the User with the exception of a freely chosen pseudonym (such as an avatar chosen among those made available) and one established by the platform (such as an alias) will appear in connection with the published content; both pseudonyms may be modified, also in order to show personal, identifying data and / or other information, with the authorization of the Owner, only in the case in which a justified request is processed by commercial users and / or publishers.

Content for determined audiences

Content meant to be made available to specific audiences may only be shared with such third parties as determined by Users.

No personal data, identification or other information referable to the User with the exception of a freely chosen pseudonym (such as an avatar chosen among those made available) and one established by the platform (such as an alias) will appear in connection with the published content; both pseudonyms may be modified, also in order to show personal, identifying data and / or other information, with the authorization of the Owner, only in the case in which a justified request is processed by commercial users and / or publishers.

The type of access to the provided content can be modified on WuvDay.

Access to external resources

Through WuvDay Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

WuvDay and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of WuvDay and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to WuvDay or the Service, terminating contracts, reporting any misconduct performed through WuvDay or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

  • pretending to fulfil any possible condition or requirements for accessing WuvDay and/or using the Services, such as for instance being adult according to law or qualifying as a Consumer;
  • concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
  • manipulating identifiers to disguise or otherwise conceal the origin of their messages or of the content posted;
  • defaming, abusing, harassing, using threatening practises, threatening or violating the legal rights of others in any other way;
  • promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and/or encouraging and/or showing any self-destructive or violent behaviour on WuvDay;
  • probing, scanning or testing the vulnerability of WuvDay, including the services or any network connected to the website, nor breaching the security or authentication measures on WuvDay, including the services or any network connected to WuvDay;
  • instaling, embedding, uploading or otherwise incorporating any malware into or via WuvDay;
  • using WuvDay or the technical infrastructure in an abusive, excessive or otherwise inappropriate way (for example: for spamming purposes);
  • attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on WuvDay or the Service;
  • offering Products via WuvDay that cannot legally be sold or that are currently not available for sale (e.g. not in stock);
  • manipulating the price of Products offered or failing to deliver Products sold;
  • instigating other Users to complete a transaction started on WuvDay outside of WuvDay in order to save any applicable service fees;

Excessive use of the Service

  • using a resource of WuvDay excessively in relation to other Users of WuvDay – in such cases, the Owner, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

Content restrictions

  • disseminating or publishing content that is unlawful, obscene, illegitimate, libelous or inappropriate;
  • publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, violence;
  • disseminating or publishing any content that is false or may create unjustified alarm;
  • using WuvDay to publish, disseminate or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark or copyright law, unlawfully and without the legitimate right-holder’s consent;
  • using WuvDay to publish, disseminate or otherwise make available any other content which infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
  • publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of WuvDay or another User's experience or devices. Such activities include: spamming, distributing unauthorised advertisements, phishing, defrauding others, spreading malware or viruses etc.;
  • publishing or otherwise disseminating false, inaccurate, misleading, defamatory, or libellous content regarding any Products offered via WuvDay;
  • use software that can manipulate the detection of the GPS position by Wuvday in order to obtain contents with a verified position that is not true;
  • indicate an incorrect position when publishing contents with an aproximate position;
  • publish contents that twist reality, fake and / or cinematographic pretense; in the event that they are passed off as true, the event will be considered an aggravating circumstance.

User protection

  • misappropriating any account in use by another User;
  • harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on WuvDay or by any other means;
  • using any information relating to other Users, including personal or contact data, for purposes other than those WuvDay is intended for;

"Word of Mouth"

WuvDay allows Users to receive benefits if, thanks to their recommendation, a new User sells Products on WuvDay.

The Owner reserves the right to terminate the offer at any time at his discretion.

The "Invite a Friend" initiative is a promotion dedicated to private users registered on the Wuvday platform that allows one of these ("A") to invite one or more friends ("B") and both get a reward; in particular, “A” will receive 20 points for every € 10 of contents sold by “B” while the latter will receive a bonus on the sale just made equal to 2% of it; this "bonus" is to be considered as a discount on the sale and is therefore paid in addition to what is requested. “B” may in turn invite one or more friends ("C"); in this case both “A” and “B” will earn both points, in addition to the sales bonus paid to “C”. Points are earned only by direct or indirect (first level) friends. See diagram:

  • User A
    • User B - Invited by A
      • User C - Invited by B

Each sale made by “C” will yield points equally to both “B” and “A”; a possible invited of “C” will instead produce only points for “C” and “B”.

Upon reaching the threshold of 500 accumulated points, users will be able to redeem them in the form of an Amazon voucher worth € 5.

A user must be invited by entering the code of his "friend" in order to obtain the invitation code (necessary tool to participate in the initiative)

The points will be generated and registered every time a sale is made on the platform Wuvday and can be accumulated and redeemed for the entire duration of the initiative.

Business users registered on WuvDay will, on the other hand, be able to advertise the platform by broadcasting their personal invitation code through their communication channels, creating an advertising campaign whose recognition will be equal to 2% of all sales made by the invited users until the end of the initiative.

The relationship between User “A”, “B” and “C” is the same as for private users so you can earn both through direct and indirect guests. The invitation codes cannot be superimposed so a user “B” can enter either a code from a private individual or a code from a Business.

Duration

The promotion remains valid until revoked and / or closed. Users will be informed at least 10 (ten) days before the closure of the program.

Operation

To participate in the program, the user must receive the invitation code from a user “A” and enter it within WuvDay or during the registration process or later. After entering the invitation code, the user (who from now on we will call "user B") will get the 2% bonus and in turn will be able to invite other friends according to the diagram mentioned while user “A” will receive the points.

Conditions

The Owner reserves the right to verify the correctness of the procedure and the legitimacy of the accumulated points before proceeding with the redemption of the same.

  • The Voucher for Private Users is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as well as any illegal activity related to the purchase and / or use of the Voucher.
  • The Voucher must be used within the specified validity period. Once the term has expired, the voucher will be automatically cancelled. Any possibility of claiming rights, including the reimbursement of the value of the Voucher, is excluded;
  • In the case of private Users, the Voucher must be used within the specified validity period. Once the term has expired, the voucher will be automatically cancelled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, is excluded.
  • In case of violation of the conditions applicable to the "invite a friend" initiative, the Owner can legitimately refuse to fulfil his contractual obligations and expressly reserves the right to act in the appropriate judicial offices in order to protect his rights and interests.
  • The use of bots or automatic systems aimed at disseminating and / or improperly using the invite a friend initiative, imply the direct cancellation of the user from it, the loss of all invited users and in the most serious and repeated cases the cancellation of the personal WuvDay account.

Software license

Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to WuvDay are held by the Owner and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of WuvDay and the Service offered.

This license does not grant Users any rights to access, usage or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Without prejudice to the above, under this licence Users may download, install, use and run the software on the permitted number of devices, provided that such devices are common and up-to-date in terms of technology and market standards.

The Owner reserves the right to release updates, fixes and further developments of WuvDay and/or its related software. Users may need to download and install such updates to continue using WuvDay and/or its related software.

However, in order to get access to completely new versions or releases of the software Users may need to purchase a separate licence.

The User may download, instal, use and run the software on unlimited devices.

However, it may not be permitted to run the software on more than one device at a time.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on WuvDay, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of WuvDay.

To purchase Products, the User must register or log into WuvDay.

Product description

Prices, descriptions and availability of the Products are specified in the respective sections of WuvDay and are subject to change without notice.

Although the Products on WuvDay are presented with the utmost accuracy technically possible, representation on WuvDay by any means (including, as the case may be, graphic materials, images, colours, sounds) is intended for reference only and does not imply any guarantee in about the characteristics of the purchased Product.

The characteristics of the selected Product will be specified before and during the purchase procedure.

The products are sold exclusively, therefore, each product can be purchased by only one user.

All transactions concluded on WuvDay will be handled only in the Euro currency. The Owner, in order to facilitate the purchase procedures, allows Users to view the approximate value of the asset to be purchased in their preferred currency, reiterating, however, that the equivalent value to be paid for each transaction will always be in Euro.

Purchase procedure (1)

Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure.

The purchase procedure includes the following steps:

  • Users choose the desired Product and verify their purchase choice.
  • After checking the information visible in the purchase choice, Users can create the order by entering the checkout.

To complete the checkout, Users will have a limited time shown as a countdown on the screen. During this time the product is blocked so that no other user can purchase it.

If the order is not sent within the countdown end, shown on the checkout screen, the product will be unlocked and will be available again for all Users who will be able to view and purchase it.

Sending the order

Sending the order involves the following:

  • The user verifies and/or adds all the required billing information on the checkout screen and accepts the terms and conditions of use as well as the WuvDay privacy policy.
  • The user chooses the preferred payment method from those available.
  • The user prepares the payment by pre-authorizing the operation.
  • The order is sent; the sending of the order by the user determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
  • In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes an obligation for the User to collaborate.
  • Once the order has been sent, a confirmation of receipt of the order will be sent to the Users. All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User when I sign in to Wuvday.

Purchase procedure (2)

Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure.

The purchase procedure can take place through a purchase proposal:

  • Users choose the desired Product and verify their purchase choice.
  • Users offer the seller a lower price than that required for the "Buy".
  • After checking the information visible in the purchase proposal, Users can create the order by entering the checkout.

This operation is a pre-authorization payment; by sending the proposal, the user undertakes to purchase the product.

In the event that the Seller User accepts the proposal, the order will be sent and closed instantly with the data and pre-authorization provided; at the end of the process, the buyer will be informed of the purchase.

The proposal in no way reserves the content that remains available to be purchased by other users.

In the event that the product is purchased before the offer is accepted, the offer will be automatically rejected.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on WuvDay are displayed:

  • either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
  • other currencies than Euro can be shown in order to make easier the purchase and sell procedures. The amounts shown and entered in currencies other than Euro are to be considered approximate; WuvDay operates exclusively in Euros. Users acknowledge and accept that the value in the currency they prefer is to be considered indicative and without any legal validity.
  • in the apps, could be higher due to the transaction costs of the mobile platform used.

Conditions for the sale of contents

When users publish contents in order to sell them, they agree to comply with the Content Rules and the Sales Rules and:

  • to be responsible for the accuracy of the GPS location indicated and the lawfulness of the content offered for sale, as well as to offer content for sale in accordance with the rules for contents whose sale is prohibited or limited;
  • that the advertisements may not be immediately searchable through keywords or insertion in certain categories up to 24 hours from the creation of the advertisement: WuvDay does not guarantee the exact duration of publication of the advertisement;
  • that when advertisements are created they will expire after 30 (thirty) days, unless previously purchased or cancelled;
  • that it is possible to answer to a content request with only one content at a time and within the capacity limits of the request. It will be possible to send a new content only when the previous one is rejected or purchased;
  • to be required to pay all taxes (including, but not limited to, penalties, additional charges and default interest) relating to their sales on the WuvDay platform. The User must refund the Owner, all costs incurred by him, to the maximum extent possible under Italian law, including for example but not limited to them: taxes, penalties and interest, imposed by any competent tax authority due to your failure to produce a valid VAT number and / or your failure to pay such taxes, penalties or interest;
  • that contents that violates any of the WuvDay rules can be deleted or banned;
  • that WuvDay allows users to find the contents they are looking for. The order of the search results is determined by the following main factors:

    • localization and search criteria;
    • the place where the content was made, the price, the rating resulting from the seller feedback received;
  • that the meta-tags and links to the URLs inserted in the advertisement will be removed or modified in such a way as not to violate the search results of third parties;

  • that WuvDay can provide suggestions when users create its adverts.

Accordingly, to improve the sales experience, ads may not appear in some search results regardless of the display criteria chosen by the buyer.

After the sale, the User will see an increase in their "Balance" on the WuvDay platform by an amount equal to the content sold plus eventual awards.

The User may at any time request the withdraw of the money accumulated in their "Balance" provided that it is greater than or equal to 1 (one) euro.

The User may request the withdraw through the "Transfer Credit" directly via PayPal and / or, for amounts greater than or equal to 50 (fifty) euros, by bank transfer to their bank account.

During the withdraw process, transaction costs may be applied, charged to the User, due to the use of Third Party Payment Platforms (e.g. PayPal).

Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of WuvDay.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

  • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving instalment-based purchases;
  • A Coupon cannot be applied cumulatively;
  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of WuvDay.

Payment methods marked accordingly are managed directly by the Owner. In this case, the Owner collects and stores the data necessary for the processing of payments and for fulfilling any legal obligation related to them. The User may read the privacy policy of WuvDay to learn more about the data processing and Users’ rights regarding their data.

Other payment methods – if any – are independently provided by third-party services. In such cases WuvDay collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.

If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Authorization for future PayPal payment

If Users authorise the PayPal feature which allows future purchases, WuvDay will store an identification code linked to the Users’ PayPal account. This will authorise WuvDay to automatically process payments for future purchases or recurring instalments of past purchases.

This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.

Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on WuvDay is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Performance of services

The purchased service shall be performed or made available within the timeframe specified on WuvDay or as communicated before the order submission.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

The right of withdrawal does not apply on WuvDay

Users acknowledge and accept that the right of withdrawal does not apply to contracts concluded over WuvDay due to the nature of its offering.

Liability and indemnification

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as WuvDay has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

In particular, within the limits stated above, the Owner shall not be liable for:

  • damages or losses resulting from interruptions or malfunctions of WuvDay due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;
  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • any losses that are not the direct consequence of a breach of the Terms by the Owner;
  • any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via WuvDay. Users are responsible for implementing sufficient security measures – such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to WuvDay.

Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:

In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

WuvDay is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorised access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the User has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of WuvDay and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their personal data, Users may refer to the privacy policy of WuvDay.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to WuvDay are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with WuvDay are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Exception for Consumers in France

Regardless of the above, any change of these Terms shall be communicated in writing no later than one month prior to becoming effective. Should Consumers in France not accept the modified Terms, they shall have the right to terminate the Agreement without any penalty nor right to claim compensation up to four months following the day on which the modified Terms have become effective.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of WuvDay must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Authoritative version of these Terms

These Terms are drawn up and revised in Italiano. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either WuvDay or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

  • the User’s grant of licences under these Terms shall survive indefinitely;
  • the User’s indemnification obligations shall survive for a period of five years from the date of termination;
  • the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of WuvDay or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 21 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.

Please note that as of 20 March 2025, no new complaints can be submitted on the platform, but it is possible to use it until 19 July 2025 for the complaints submitted by 20 March 2025. The platform will be discontinued as of 20 July 2025 following the adoption of EU Regulation 2024/3228.

France: Mediation

Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before

  • any mediation body approved by the French government. The relevant list is available at the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.

Definitions and legal references

WuvDay (or this Application)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

Buyer

Indicates any User who buys goods or services from Sellers through WuvDay, regardless of whether or not the actual transaction takes place through WuvDay.

Coupon

Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

European (or Europe)

Applies where a User, regardless of nationality, is in the EU.

Owner (or We)

Indicates the natural person(s) or legal entity that provides WuvDay and/or the Service to Users.

Product

A good or service available through WuvDay, such as e.g. physical goods, digital files, software, booking services etc., and any other types of products separately defined herein, such as Digital Products.

Seller

Indicates any User who sells goods or services to Buyers through WuvDay, regardless of whether or not the actual transaction takes place through WuvDay.

Service

The service provided by WuvDay as described in these Terms and on WuvDay.

Terms

All provisions applicable to the use of WuvDay and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using WuvDay.

Consumer

Consumer is any User qualifying as such under applicable law.

Latest update: 11 May 2025

This document has been created with the iubenda Terms and Conditions Generator. See also the Privacy and Cookie Policy Generator. iubenda hosts this content and only collects the Personal Data strictly necessary for it to be provided.