Terms of service

TamTamy is a service provided by REPLY S.p.A., with registered office in Turin (Italy), Corso Francia 110 (www.reply.eu), that allows the users - mainly companies, as well as professional people - to share their own experiences, opinions and Contents, under the terms set forth by the present General Terms and Conditions and according to the dispositions specified herein.

To access TamTamy and all the related Services, it is necessary to be aware of the General Terms and Conditions herein, as well as - in order to be registered and/or create a Network (www.tamtamy.com) - agree to be bound formally and without limitations by the provisions set forth herein. In case of Services requiring the compliance with particular provisions, different from the ones provided by these General Terms and Conditions, these latter will be duly noticed in order to be expressly accepted.

REPLY retains the right - in its sole discretion and in full compliance with the laws in force - to amend and/or interrupt, without any previous notice, the Services provided, cancel registrations, amend the terms and conditions of the General Terms and Conditions (http://www.tamtamy.com/tamtamy/web/terms-of-service.action) and of the Privacy Statement (http://www.tamtamy.com/tamtamy/web/privacy-statement.action) and/or the Privacy Policy (http://www.tamtamy.com/tamtamy/web/privacy-policy.action). In case of amendments, REPLY will notify the Managers and the Users by means of an e-mail, sent to the registered address, which will invite the recipient to read the new General Terms and Conditions and/or the new Privacy terms and conditions on this Website, by informing about the possibility - in the event of non acceptance of the amendments - to withdraw from TamTamy and from the other Services availed, by deleting the Account and the personal Data. Each User or Manager registered to TamTamy and/or to the other Services provided by REPLY it is however bound to periodically check the Website's homepage, in order to verify any amendment carried out by REPLY, that will be highlighted for a lapse of 15 (fifteen) days. Given all the above and excepted the event of withdrawal, the amendments carried out by REPLY will be effective as of the date of relevant publication on this Website.

By means of TamTamy is possible to have access to different Services (http://www.tamtamy.com/tamtamy/web/features.action).

REPLY can modify - at its own discretion - the abovementioned Services, considering their functioning and the relevant fees to paid by the Manager / User (except for the Manager / User who has already purchased the Services), even deleting some of them or inserting some new ones.

tamtamy.com general terms and conditions

Art. 1 - Recitals

The recitals above shall form an integral and substantial part of these General Terms and Conditions.

Art. 2 - Definitions

Words and expressions here below mean:

  • Account: refers to the personal profile created by each Manager/User - protect by customized password and userID - which is manageable by the sole Manager/User and it is not transferable and it is necessary to access the Service(s);
  • Content(s): refers to information, data, text, software, music, sounds, photographs, images, videos, messages or any other items that are liable to be posted on line by a Manager and that are accessible by Users, Guests and other Managers;
  • Data: refers to personal Data provided by the Manager/User at the moment of the on-line registration, necessary for the creation of the Account, such as, by way of example:
    • User / Manager's name / company name and/or trade name;
    • e-mail address.
  • General Terms and Conditions: refers to the present document that set forth the general terms and conditions of the Service(s), the Users / Managers and Guests are required to examine and to expressly or implicitly approve;
  • Guest(s): refers to people who - even thought they could overview the Contents - they have not created their own Account and they have not provided their Data;
  • License: refers to the "GNU" General Public License owned by the Free Software Foundation, through which the Programs that are integrated in TamTamy are provided;
  • Manager(s): refers to the Users which - having created their own Network - are entitled to actively access to the Services, in their capacity of administrator and they shall post Contents on the aforesaid Network;
  • Network: refers to whatsoever sharing environment - private or public - directly created by each Manager, that could be - or not - present on the Website homepage;
  • Privacy: refers to - jointly and without exception - the "Privacy Statement" (http://www.tamtamy.com/tamtamy/web/privacy-statement.action) and the "Privacy Policy" (http://www.tamtamy.com/tamtamy/web/privacy-policy.action), that the User / Manager has to examine and / or accept (even by giving his/her/its consent, if it is required) in order to create his/her/its Account and to access to Service(s);
  • Programs: refers to the free software named Wordpress MU, Mediawiki and bbPress provided through the License held by the Free Software Foundation;
  • REPLY: refers to the company REPLY S.p.A., having its registered office in Turin (Italy), Corso Francia 110 (www.reply.eu), being the holder of the Website and the provider of TamTamy and the Service(s);
  • Services: refers to - jointly - TamTamy and all the related Services integrated on a web interface, whose Contents shall be overviewed by all Users / Managers and Guests and thanks to which they can meet each other, sharing experiences, Contents and expressing their own points of view in TamTamy's Networks. Services are supported by Amazon.com's servers;
  • TamTamy: refers to all Networks and Services accessible through the present Website, provided by REPLY, and created on 2.0 web platform, integrating the Programs. TamTamy is supported by Amazon.com's servers;
  • User(s): refers to parties that - even though they have created their own Account and provided their personal Data, by means of acceptance (implicit and/or expressed) of the General Terms and Conditions and the Privacy Policy - they could examine the Contents and participate to the Network's activities to which they are joined, without having actively access to services in their capacity of administrator (role reserved to the Managers), not having created their own Network;
  • Website: refers to this Website www.tamtamy.com.

Art. 3 - Object and Conditions to access to the Services

  • The purpose of these General Terms and Conditions is to define the conditions of use of TamTamy and the extra Services to be likely interesting for the Users and Managers.
  • All the Services - mainly aimed to companies - can be participated only by of age subjects. In the event REPLY is informed that the User or the Manager is minor than 18 years old (e.g. by means of a third party's notice) REPLY retains the right to delete the relevant Account without any previous notice, being the minor consequently prevented to access the Services.
  • Each User, Manager and Guest is bound to carefully read the General Terms and Conditions, implicitly accepting the Contents. In particular, the Managers and the Users are supposed to submit the registration procedure, by creating his/her/its own Account, thus expressly accepting the terms and condition regarding the present General Terms and Conditions and Privacy.
  • Users and Managers by their registration:
    • represent and warrant the correctness, accuracy and truthfulness of the Data submitted, regarding which they get full liability;
    • undertake to keep their Data updated, by amending them in case of variations;
    • grant, under their own liability, to be 18 years old or older.

Art. 4 - Personal Data and Registration

  • During the on-line registration procedure (http://www.tamtamy.com/tamtamy/web/create-network.action), the User and the Manager will be asked to give his/her/its personal Data in order to create his/her/its own Account, and also to choose a UserID and a password both to protect the Account, through which the User and the Manager could access the Services and/or modify the Data whenever they want and in a protect way. Once registered, the User and the Manager shall receive an initial e-mail confirming the correct fulfillment of the procedure, the personal Data given, the username and the protecting-Account password.
  • Given the provisions stated by the Data Protection Code and by the Privacy, the Users and the Managers undertake to be the sole responsible for the confidentiality of their personal Data, not being REPLY anyhow liable in case of third parties' use of the Data.
  • If the login system is not working, or the Users / Managers' Data are used by third parties, the Users / Managers shall promptly inform, in order to consent REPLY to solve the problem, also through the updating or the deleting of the User / Manager's Account.
  • The User / Manager shall modify his/her/its own Account and/or Data whenever he/she/it wants and he/she/it shall withdraw the access to the Service(s), by means of the cancellation of his/her/its Account. In case the Account is not used and the Services are not accessed for a period of six (6) months or longer, the relevant non-used Account of the User / Manager shall be automatically deleted.
  • REPLY shall, at any time and without notice or indemnity and/or any other penalty, delete the User's and Manager's Account.

Art. 5 - Contents

  • Managers accept their sole liability, towards REPLY as well as towards third parties, for the Content they have put on-line through TamTamy platform (through the Networks and the Services), by means of their Account, undertaking the Contents put on-line by these latter are in compliant with all applicable laws and with the present General Terms and Conditions. Managers also undertake to put on-line through TamTamy and/or through any of the Services only and exclusively Contents not violating patents, trademarks, industrial secrets, know-how, copyright, or any other industrial or intellectual property rights owned by third parties, as well as not to put on-line Contents whose disclosure was not previously authorized to be disseminated through the Service by the subject holding the related rights. The commitment to prove the Contents are not protected under the national laws safeguarding copyright, or other rights involving the field of intellectual property law, only concerns the Manager using the Service.
  • REPLY does not carry out any previous control on the Contents put on-line by Managers, limiting REPLY to point out - by a disclaimer system appearing when particular stop-words, formerly listed by REPLY, are inserted - the posting of likely prohibited Contents and preventing they are stored on TamTamy platform.
  • Safe all the above, REPLY does not support, represent neither undertake the truthfulness, correctness or accuracy of the Contents put on-line through TamTamy platform, nor supports the opinions expressed through it and is not responsible anyhow for illegal, false, not accurate - and the like - Contents and, therefore, cannot be held liable anyhow for whatsoever damages caused by the Managers to third subjects by means of these Contents.
  • REPLY is not responsible for the outgoing, duplication, amendment, revisiting, violation of sensitive/private Contents related to legal entities or professional people that use the Services provided by TamTamy and spread by Managers inside and/or outside the Network.

Art. 6 - Forbidden Contents

  • Safe the content of article 5 above, in order to limit as less as possible the freedom of expression of the Managers, which is the reason why TamTamy was created, REPLY officially requires Managers NOT to:
    • Load, issue, send by e-mail or by whatsoever other means transmit or spread Contents to be illegal, dangerous, offending, not authorized, slandering and/or defaming, obscene, coarse, violating the privacy of third subjects, hatred of any kind against group or individuals, promoting racism or xenophobia, or however reprehensible;
    • Spread pictures, texts or the like which content exploits third subjects in a sexual or violent manner, involving the post of pornographic or child pornographic pictures, of prostitution offers, of other sexual content invitation as well as of link to adults web-sites;
    • Promote propaganda and/or use of symbols which are unconstitutional or illegal in the Managers' country;
    • Cause damages, anyhow, to subjects under 18 years old;
    • Put in act or promote any criminal activity, among which child pornography, fraud, illegal drugs dealing, stalking, gambling, as well as theft/unlawful trade of trade/industrial secrets;
    • Misrepresent or attempt to misrepresent the Manager's identity or post false information concerning Manager's relationships with other subjects as well as impersonate or attempt to impersonate another person or entity;
    • Create accounts or in whatsoever other manner fake personal names or marks in order to counterfeit the source of a Content posted or spread through the Service;
    • Load, issue, post by e-mail or by whatsoever other mean transmit or spread a Content the related right to transmit or spread is not granted to the Manager according to specific law or to a contract, as well as due to a trust relationship (such as reserved or confidential information disclosed with regard to an employment relationship or protected under a confidentiality agreement);
    • Carry out framing activity concerning TamTamy and the Contents;
    • Load, publish, send by e-mail or through any other way forward or spread a Content that violates patents, trademarks, industrial secrets, know-how, copyright and any other industrial or intellectual property right owned by third subjects;
    • Load, issue, post by e-mail or by whatsoever other mean transmit or spread whatsoever advertisement, promotional material, "junk mail", "spam", "e-mail chains", pyramids, or whatsoever other form of not authorized or unrequested solicitation, excepted those areas (such as the shopping rooms) specifically dedicated to this purpose;
    • Load, issue, post by e-mail or by whatsoever other mean transmit or spread whatsoever material containing viruses or other codes, files or programs, created to interrupt, delete or limit the working of software, hardware or third subjects' telecommunication systems;
    • Interrupt the ordinary development of dialogues, or cause the video script working at a speed to the which Users / Managers and/or Guests cannot afford typing or, however, behave in such manner to prevent other Managers to perform real-time correspondence/exchanges;
    • Interfere on or interrupt TamTamy, the servers or the networks linked to TamTamy, behave by contrasting with whatsoever requirement, procedure or rule provided for the networks linked to TamTamy;
    • Violate, whether intentionally or not, any law or regulation in force and applicable to the Services;
    • Stalk or in whatsoever other manner bother the Users / Managers and/or Guests and/or third subjects;
    • Load or store the other Managers / Users' Data, without their previous explicit consent.
  • It is available for all Manager and Users a service to disclose prohibited conducts, aimed to allow REPLY to promptly intervene by deleting from TamTamy the forbidden Contents.
  • Any violation of the content of this article 6, included the provisions regulating TamTamy Contents, might cause the immediate Account block, thus preventing the possibility to access the Services for the Manager who put on-line the forbidden Contents, without necessity of any previous notice to this latter subject. REPLY retains the right, besides, though not remaining bound anyhow, to carry out researches about the use of the Service by the above mentioned Manager, in order to ascertain the occurrence of a violation to the applicable laws or of the General Terms and Conditions herein, or to comply with the content of a law, directive, legal procedure, or governmental decree in force, by always reporting to the competent Authorities the conducts representing a plain violation of the applicable laws in force.

Art. 7 - Copyright on Contents

  • The Manager, in his capacity of creator and administrator of the Network he has created, has the ownership right and the copyright on the Contents put on-line through his/her/its own Account, including the right - if allowed - to grant licenses to third parties on his/her/its Content, as he/she/it prefers.
  • The Manager, User or Guest, which believes that his/her/its or other parties' Content - totally or partially - are copied and/or published on or through TamTamy and/or the Services, in such a manner to violate third parties' rights and copyright, shall contact the TamTamy Copyright Responsible (tamtamy@reply.it) in order to report the infringement, providing with the following data: (a) the Copyright Content suspected of having been infringed, or - in case of multiple communication by means of the same report - a representative list of the infringed Contents; (b) the Contents suspected of having been infringed and adequate information in order to allow REPLY to find out the infringing Content on TamTamy and/or on Service(s) (it could be enough the indication of the URL where it is possible to find the Content); (c) reasonable enough data in order to allow REPLY to contact the Manager who is considered responsible of the infringement (e.g. Account and/or other data, such as the e-mail address and so on); (d) declaration - in good faith - by which the reporting person asserts that the notified use of the Content was not allowed by the person owning the relevant copyright rights, including his/her/its agent or the law and (e) declaration by means of which the reporting person states, under the awareness of committing perjury, that the data included in the report are correct and that he/she/it is the owner of the rights or he was entitled by the person who owns the right.
  • REPLY - without having the right to amend the Content - shall copy and/or reformat the Contents only to consent the relevant use through TamTamy and/or Services, as well as - in general - to threat the Contents with the purpose of keeping the Network and the Content posted by the Managers available to Users, Guests and other Managers, through TamTamy platform.
  • Given the content of articles 7.1, 7.2 and 7.3 above, REPLY - as provided by the article 6 herein - is entitled to intervene, in the way considered more efficient, in all cases in which the TamTamy platform is used to post forbidden Contents, that clearly violate the provisions stated by applicable laws in force and by these General Terms and Conditions.

Art. 8 - Licenses and Copyright on Programs and on Managers' Programs

  • TamTamy is integrated with the free software programs named Wordpress MU, bbPress and Mediawiki, that REPLY uses under the GNU General Public License whose holder is the Free Software Foundation. The amendments carried out by REPLY, and properly highlighted as "modified", and/or other words with the same meaning, are protected by copyright that is owned by REPLY. The GNU General Public License - which will be automatically extended to the Programs' modifications carried out by REPLY - grants to all Managers, Users and Guests the right to copy and/or modify for free the Programs - being them modified or not by REPLY - under the terms of the above mentioned License, and also to download the relevant source codes.
  • In compliance with article 7.1 above, the Users, the Managers and the Guests undertake and recognize that REPLY owns any right, title and interest on TamTamy and on the Service(s), so they must not:
    • Draw up, carry out the activity of reverse engineering or copy TamTamy Service(s) or any other Network, whose source code is not furnished or it is marked as "private" and /or
    • Reproduce or distribute whatsoever Content or private source code outside the Network in which it is applicable.
  • The Manager, who publishes on TamTamy a source code, has to indicate if the code is - or is not - "private", considering that the free License GNU General Public License is extended to any Programs' and - in general - to free softwares' modification, so the Program and its own code are accessible for free by each person interested on it.
  • REPLY retains the right, but not the obligation, to review the source codes eventually published by the Managers through the Services, with the purpose of controlling the relevant licenses, informing the Manager of the eventual modifications that are required.
  • Given all the above, if a Manager posts through the Services programs having a "private" source code, the Manager holding the copyright grants REPLY - only because of the use and the dissemination of the programs through the Services - a non-exclusive free of charge license (full-paid and royalty-free), that shall allow REPLY, whitout any temporal or space limitation, to use the program in order to (i) make it available on TamTamy platform (ii) subsequently distribute the program to third parties, for free or not; (iii) develop independently a program similar to the Manager's program, this one renouncing - in any case - to whatsoever action (legal or not) against REPLY. These REPLY's rights continuate even if there is a subsequent removal of the source code from the Service(s) and/or in case of cancellation of the Account carried out by the Manager

Art. 9 - Fees of the Services

All information about TamTamy solutions are available at http://www.tamtamy.com/tamtamy/web/create-network.action.

Art. 10 - Unlawful or Forbidden Use of the Services

The Services - provided by REPLY to the Users, Managers and Guests - are for the personal use of the Users, Managers and Guests which, anyway, have to comply with the disposition of these General Terms and Conditions as well as any other applicable law and/or regulations in force.

The Managers / Users must not, for whatsoever reason, use TamTamy and the Services as their own autonomous data base. Under no circumstances the Managers, Users and Guests are allowed to use the Services in a manner that could damage, stop, make heavier or however - even potentially - compromise the servers of REPLY or its connected networks. No hackering activities on the Services and/or on the Account of the Manager / User is allowed, the violation of these provisions implies the immediate segnalation to the police.

The Services - provided by REPLY to the Users, Managers and Guests - are for the personal use of the Users, Managers and Guests which, anyway, have to comply with the disposition of these General Terms and Conditions as well as any other applicable law and/or regulations in force.

The Managers / Users must not, for whatsoever reason, use TamTamy and the Services as their own autonomous data base. Under no circumstances the Managers, Users and Guests are allowed to use the Services in a manner that could damage, stop, make heavier or however - even potentially - compromise the servers of REPLY or its connected networks. No hackering activities on the Services and/or on the Account of the Manager / User is allowed, the violation of these provisions implies the immediate segnalation to the police.

Art. 11 - Disclaimers

  • TamTamy Service is provided "AS IT IS" and according to relevant availability, not making REPLY any warranty that the Service is suitable for a particular purpose or is in accordance with the provisions regarding exclusive property rights. REPLY cannot make warranty and prevents form promising specific outcomes arising from the use of the Services.
  • REPLY is not responsible anyhow towards Managers, Users, Guests and/or third parties in general, for the conducts of the Managers and/or Users, whether on the net and in whatsoever other situation, as well as for potential damages - direct, indirect, consequential, exemplary, accidental, special or punitive, included damages for loss of profits and/or losses and/or personal injuries, also lethal - arising from the use of the Services and/or from the spread and/or fruition of the Contents, even in the event REPLY was informed about the likely occurrence of those damages. Safe all the above, REPLY's liability - when demonstrable - could however be recognized just on behalf of the Managers and, whatever its cause is and regardless of the form of the claim commenced, is always and however limited to the amount paid to REPLY by the Manager for the Services rendered by REPLY during the registration period.
  • REPLY is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, server or provider, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on Internet, on the Services, or connected with Amazon.com whose servers are used as support for TamTamy and the Services, or a combination thereof, including any injury or damage to any person's computer related to or resulting from participation or downloading materials in connection with TamTamy. Moreover REPLY - although it undertakes to intervene promptly when it is up to its competence to solve any default of the Services or problem may occur and/or is highlighted by the Managers, Users or Guests - cannot grant that no default in any of the Services would occur, which could render the Services provisionally not available and could cause possible errors, omissions, interruptions, cancellations and delays in the working and in the transmissions, lines anomalies, theft, destruction, not authorized access or modification of communications by the Managers.
  • The Contents posted by the Managers on TamTamy platform may feature link to other web-sites other than Website, whose content shall not be prohibited according to the content of article 6 above. REPLY is not responsible of the contents, of the accuracy or of the opinions expressed in such web-sites and is not bound anyhow to carry out researches, monitoring or checks concerning the correctness and the completeness of such web-sites. The insertion on TamTamy platform of links to web-sites other than the Website, does not imply any approval or acceptance of the content of these web-sites by REPLY. Managers, Users and/or Guests that access these web-sites by means of the link on the Services and inserted by other Managers perform this conduct at their own risk and liability, REPLY does not take anyhow the responsibility upon itself either with regard to advertisements or to insertions published by third subjects on or through TamTamy and/or the Services, or concerning the products or services provided by advertisers.
  • As specified in article 5.4 above, REPLY does not take any responsibility related to the outgoing, duplication, amendment, revisiting, violation of sensitive/private Contents related to legal entities or professional people that use the Services provided by TamTamy and spread by Managers inside and/or outside the Networks.

Art. 12 - Indemnity

The creation of the Account and, however, the access to the Website and/or the reference to the Contents imply tacit approval of this General Terms and Conditions and the obligation to indemnify and hold REPLY - and its subsidiaries and affiliates, and their respective officers, partners, employees and/or staff, even if they freelance - harmless and indemnified from any loss, liability, claim or demand, including reasonable attorney's fees, made by third parties as a consequence of the use of TamTamy and/or Services in violation of TamTamy General Terms and Conditions, regulations and/or applicable laws in force, even considering the Contents posted by the Manager through the Services that cause a potential liability of REPLY to third parties. The indemnity is provided in favor of REPLY and this clause could be enforced even in case of the use of Contents, by REPLY itself, in compliance with the disposition herein.

Art. 13 - Managers' Disputes and Disputes among / with Users and/or Guests

REPLY is not responsible for the Content of the Network posted by the Managers, being REPLY's sole activity to provide the Managers, Users and Guests with Services, under the terms and conditions herein. Therefore, REPLY is not responsible for any dispute involving two or more Managers and/or with Users and/or Guests in general, the disputes concerning only the subject involved.

Art. 14 - Applicable Law and Jurisdiction

This General Terms and Conditions shall be exclusively governed by and according to the Italian Law. All eventual disputes arising out from or in connection with the General Terms and Conditions and/or the use of TamTamy and/or Services, shall be submitted to the exclusive jurisdiction of the Court of Turin.

Art. 15 - Miscellaneous

  • These Terms and Conditions and the Privacy Policy - even if eventually amended from time to time as indicated herein - constitute the only and sole terms and conditions between REPLY and the Users/Managers.
  • The non-exercise by REPLY of a right - provided by law, regulations or these General Terms and Conditions -does not constitute in any case, a waiver of the right.
  • Any use, without considering its duration and type, of TamTamy and/or Services, shall be considered as an express consent to Privacy and to the General Terms and Conditions herein.
  • The voidance, invalidity or inefficacy of one or more of the provisions herein shall not affect the validity and applicability of the remaining provisions of these General Terms and Conditions.
  • TamTamy General Terms and Conditions shall produce its effects towards the Managers / Users, even after the Account's cancellation, considering all the dispositions undertaken that are going to survive besides the validity of these Terms and Conditions.

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