Users of the Services offered by MySnowMaps Licenses acknowledge and accept these terms and conditions.
C.so Buonarroti 8/1
Paid up share capital: 10.000,00 EUR
Chamber of Commerce of Trento
This document is a legal agreement between you, the User, and the entity providing MySnowMaps Licenses. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms.
For simplicity, “User,” “you,” “your” and similar terms, either in singular or plural form, refer to you, the User. “MobyGIS srl”, “we,” “our,” “us” and similar terms refer to the corporation that owns and manages MySnowMaps Licenses as outlined in the present document. “MySnowMaps Licenses” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use MySnowMaps Licenses, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
MySnowMaps Licenses is a service provided by MySnowMaps offering Users various options to access to and use, either free of charge or in return for a fee, data and information gathered by MySnowMaps.
Users may choose between a subscription based access to MySnowMaps Licenses's database for a limited period of time (month or year), the purchase of single data points or information, the purchase of a license to use the source code of the Maps and grids developed by MySnowMaps and the free use of Maps in visual form according to the conditions as specified below.
Each type of Service is regulated by the respective section of this document.
MySnowMaps Licenses is a Service solely intended for Users not qualifiable as consumers, i.e. not acting in a mainly personal or private capacity.
Subscriptions allow Users to access MySnowMaps Licenses's database for a determined period of time using access details (username and password) provided by MySnowMaps Licenses when purchasing the Service. Prices are displayed in the relevant section of the website.
The Owner reserves the right to block, close or delete User accounts at its discretion whenever Users appear to act in an improper or forbidden manner and in any case when acting in breach of these terms and conditions.
MySnowMaps Licenses's database is protected by applicable copyright law. The Owner is entitled to all exclusive rights. Purchasing a subscription based access, Users acquire a non exclusive, non transferrable right, limited to the contractual period, to access the database of MySnowMaps Licenses, view its content and extract data and information for their own purposes.
Users aren't allowed to export, copy, save, resell or otherwise exploit MySnowMaps Licenses's database or parts of it under any circumstances without the Owner's previous consent in writing.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each payment cycle to maintain the benefits provided by the paid services. Early termination is only possible for just cause.
The contract can be terminated at any time sending a termination notice to the contact details displayed in this document. The submission of such notice rules out the automatic renewal. The termination takes effect at the end of the contractual period (i.e. at the end of the last contractual period (month or year) that has already been paid for).
Users can purchase access to single data points or information by sending their request to the contact details displayed in the opening section of this document, specifying the research criteria (data type, time frame, geographic area of interest). Based on such information, the Owner will communicate the pricing conditions of the Service.
The “Single Data” Service does neither imply any license to use the Database nor subscription-based access.
Users can purchase a license to use the Maps' source code and embed it into their websites.
The Maps' source code is protected by applicable copyright law. The Owner is entitled to all exclusive rights.
Purchasing a license to use the Maps' source code, Users acquire a non exclusive, non transferrable right, limited to the contractual period, to embed or integrate the Maps into their digital applications (websites, apps and similar), always mentioning in a clearly visible manner, that all exclusive rights belong to the Owner, adding the following notice: “Map: © by MySnowMaps”, that shall be clickable and redirect to www.mysnowmaps.com. In no case are Users allowed to intervene on the source code and modify it, as explained in more detail in the “Forbidden use” section, nor may they disseminate, resell or transfer its rights to third parties.
If not expressly derogated in the present section, provisions of the section “Subscription” apply.
Users are free to publicly display the Maps developed by MySnowMaps and make them available to the public in a purely visual form online and offline (e.g. displaying them in paper form), provided they always add the mention “Map: © by MySnowMaps” and that, online, such mention be clickable, redirecting to the website “www.mysnowmaps.com”.
All other uses of the Maps, including the creation and distribution of copies, even free charge, are exclusively under the prerogative of the Owner.
MySnowMaps Licenses provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of MySnowMaps Licenses.
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.Users must select the products and complete the check-out, after having attentively verified the information in the order summary. Orders are placed through submission in writing to the contact details displayed in the opening section of this document or, if applicable, clicking on the respective button. The price of the Service purchased is immediately due and payable.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
To place an order, Users must register on the website providing all the data and information requested. The prices include taxes, fees and charges imposed by the applicable law.
MySnowMaps Licenses uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
MySnowMaps Licenses and all functions accessible through MySnowMaps Licenses are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
MySnowMaps Licenses and functions accessible through MySnowMaps Licenses are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of MySnowMaps Licenses. Therefore, the Owner shall not be liable for:
Users acknowledge and accept that the Owner does not verify that data gathered by MySnowMaps or any third parties and made available according to these terms and conditions through the service called MySnowMaps Licenses are accurate, up-to-date and valid. In particular, a big part of such data is collected by meteorological stations, Users or other third parties performing there measurements independently and without any influence or control by the Owner.
The Owner therefore does not bear any responsibility for the actual correspondence of data thus collected with the effective meteorological and snow conditions.
The Owner only provides a technological infrastructure organising data according to logic and systematic criteria, making them intelligible and therefore usable. The User bears full responsibility for the decision to use, at its own risk and peril, data provided by MySnowMaps Licenses for a specific entrepreneurial, professional or commercial purpose.
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of MySnowMaps Licenses or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
The Owner does not moderate the content or links provided by third parties before their publication on MySnowMaps Licenses. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in MySnowMaps Licenses, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on MySnowMaps Licenses.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of MySnowMaps Licenses and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning MySnowMaps Licenses are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on MySnowMaps Licenses are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use MySnowMaps Licenses.
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within MySnowMaps Licenses.
Users who continue to use MySnowMaps Licenses after the publication of the changes accept the new Terms in their entirety.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to MySnowMaps Licenses must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms have been written and reviewed in the Italian language. Any translations into any language other than Italian are to be considered mere translations. In case of any discrepancy or inconsistency, the Italian language text shall prevail in any event.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The service provided by MySnowMaps Licenses as described in these Terms and in MySnowMaps Licenses.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Indicates the email that the Owner sends upon receipt of the order.
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
It's the system containing data and information collected directly by MySnowMaps or through third parties, organised and structured according to the Service's features.
Geographical maps created by MySnowMaps to represent and monitor weather and snow conditions visually.
The natural or legal person using the Service for professional, entrepreneurial or otherwise commercial purposes, therefore not qualifying as consumer.