TERMS AND CONDITION

Terms of Service

Terms and Privacy

The website sharewood.io web site also mentioned as "us", "our" or "Sharewood" is a exclusive property of Sharewood S.r.l., registered at the Chamber of Commerce of Milan, in Via Antonio Locatelli 4, Milano, Italia. These Terms of Use must be consulted along with our Privacy policy.

Sharewood provides a series of Services, such as an online platform available for the Users to view and publish renting ads for outdoor equipment and other Contents, except for the following Terms of Use. By using this Service, the User agrees to Sharewood's Terms of Use. In case of disagreement because of dissatisfaction about the Services offered by Sharewood and therefore regarding any term, condition or any following amendments applied, the only solution is to stop using this App. Sharewood has the right, but not the obligation, to have the Terms of Use being rigorously followed by moderating the community, monitoring the publishing activities and the civil and penal contentious.

Index

  1. Definitions
  2. Website description
    1. Sharewood is not part of any renting contract
    2. Public and private areas
  3. Registration and account
  4. Privacy
  5. Ads and Transactions
    1. Ads description
    2. The Owner cannot modify the transaction compensation after accepting the reservation request
    3. Exchange of contact information
  6. Reservations and financial terms
    1. Definitions
    2. Reservations and financial terms for owners and and Leasers
    3. Nominee of Stripe Payments Europe Ltd as temporary agent in charge of collecting the payments for the Owner
    4. Reservations and financial terms for the Leasers
  7. Taxes, Permits and Certifications
  8. Sharewood's responsibilities
    1. Guarantees' exclusion
    2. Responsibilities' limitations
    3. Items' damages
    4. Security Deposit
  9. Safety and Users' feedbacks
    1. Users' comments
  10. Contents published on or through the Website
    1. Contents from the Users
    2. Links to other websites
    3. User's authorization
    4. User's declaration
  11. Compensation for damages
    1. Conditions and supply
  12. Amendments
  13. Use of external platforms
  14. Intellectual and industrial property rights
  15. Release from liability
  16. Parties' relationship
  17. Applicable law and jurisdiction
  18. Further conditions

1. Definitions

"Terms of Use": what is included in this document.

"Website": the domain https://sharewood.io, including the potential subdomains, any URL or their parts.

"Contents":
(i) Files containing texts, images, audio recordings and/or videos, data and/or information organized in a data bank, but generally any file, document and/or information of any size made available by Sharewood on the website, the App or the Services, including any content licensed by thirds;
(ii) File containing text, images, audio recordings and/or videos, data and/or information organized in a data bank, but generally any file, document and/or information of any size transferred, copied, sent and made available by the Members and/or the Website Visitors and/or however developed by the Members by using our Services. Each content will also be defined as "Content".

"Service": Services provided by Sharewood through our Website, among which an online platform to view or publish renting ads and other Contents.

"User's Account": any physical or legal entity who enters the website, whether a community member or not.

"Member": any User who completes Sharewood's account registration process, including, among others, Owners and Leasers, in accordance with the description in the following section "Account Registration". Each member will be identified by a nickname self-chosen when registering and not successively changeable.

"User's Account": personal area reserved to each Member. It is accessible with a password and contains the Member's personal information.

"Personal information": every Member's personal information collected through the Website, including name, address and phone number.

"Owner": each Member who rents out at least one item by using the website sharewood.io.

"Leaser or Tenant": any Member who rents an item using our Website.

"Item or Product": piece of outdoor equipment made available for renting by an Owner through our Website, App and Services.

"Ad": the tab published by an Owner related to the Item that he/she updated.

"Reservation request": the request made by a Leaser for renting out the Item of a specific Ad.

"Time of Reservation Acceptance":the lapse of time, starting from a Leaser's reservation request (as determined by Sharewood on its discretion), during which an Owner can decide to confirm or deny such reservation request, as determined in the Website, the App or by the Services.

"Reservation Acceptance": the Owner's acceptance of the Reservation Request made by the Leaser.

"Compensantion": the amount owed by the Leaser in order to use the Item.

"Transaction": the consideration supply owed to the Owner.

2. Website description

2a Sharewood is not part of any renting contract

Website, App and Services are part of an online platform through which the Owners can create Ads for their outdoor equipment and the Leasers can inquire and make a reservation, directly with the Owners. Sharewood does not provide renting services; Sharewood is not part of any contract framed between Owners, neither is a mediator, representative or insurance agent. Sharewood does not have any control over the behaviour of the Owners, Leasers and other Users of our Website, App or Services, neither over any Item, and it excludes all liabilities about it, within the legal limits.

Sharewood does not verify the quality, safety and legality of the Items offered for renting; it does not check the veracity or the Users' account accuracy, that is the Owners' ability to rent out the listed items, or the Leasers' solvency to make the payment for the renting of items and products. Any security deposit or guarantee requested by the Owner in any form, remains under the exclusive responsibility and discretion of the Leaseholder and the Owner. Sharewood is not responsible for the collection, preservation or return of any security deposit, the control over any exact identity of Owners or Leasers, or for the collection of money owed by the Leaseholder to the Owner. Proprietario, ovvero dal Proprietario al Locatario.

2.b Public and private areas

The Website includes an open space for the public and a private area reserved only for the Members. The public area allows to view the Ads published by the Owner. The private area is the Website part accessible only after the User's authentication. The Members can enter their private area by keying the password previously chosen when registering.The private area allows the Members to:

  1. Access the personal information (see the Privacy Policy)
  2. Create and adjust the renting ads
  3. Make a reservation
  4. Give feedbacks
  5. Give access to collaboration tools
  6. Create a nickname (Username) for the Website identification

3. Registration and Account

The User's Account is personal and cannot be given to thirds.

The Member undertakes to keep secret the password for accessing the User's Account. The User's Account and its password are private and must not be shared, communicated or transferred to any other physical or juridical entity, within the legal limits.

The Member acknowledges and agrees to be the only responsible for the use of his password and for any User's Account utilization. He also agrees to be the only responsible for every consequence and obligation linked to the use of his password and his User's Account by third parties.

The Member also acknowledges and agrees to the Website's potential use of his User Account, Username or password to prove his/her use. The occurrence of any of these activities on the Website is considered as carried out by the Member. Every judgement, information, opinion or comment is specifically attributed to the Member.

The registration of an Account entails, in particular, the communication by the Users of a valid email address that will be used for the communication between the Member and the Website; it will also be used as an univocal identification for the User Account. Every communication sent by the Website to the Member by email, is qualified as received by the Member and therefore acknowledged.

Also, the Member agrees to provide a physical address requested by Sharewood when registering the Account and when publishing an Ad, in order to fully exploit our geolocation tool.

The address of the Owner, who offers his/her Item for renting, can be sent to the Leaser once the reservation Request is accepted.

In order to register and use our Services, you must have reached the age of majority and be able to close a directly binding contract. Sharewood will never be responsible for a minor's communication of falsified personal information.

The Users undertake to provide true and complete data when registering; the Users also undertake to update their information in order to constantly guarantee the accuracy.

The person who registers in the name or on behalf of a company, guarantees to have the authorizations for accepting this Terms in the name of and on behalf of it.

Sharewood cannot be considered responsible for the Members' incompleteness or the falsifying of the data provided.

Sharewood reserves the right to suspend or shut down the Members' Accounts without prior warning for any reason, including:

  1. The violation of Sharewood's Terms of Use or policies
  2. The incapacity to identify, verify or certify the origin of an Item offered for renting
  3. Misrepresentations
  4. The diffusion of private, illegal or offensive Contents (i.e. pornography, defamation, the spread of commercial secrets, the publication of discriminatory Contents, incitement to violence and racial, religious or ethnic hatred)
  5. The violation of the moral norms
  6. The use, copy or spread of copyrighted material without authorization
  7. The diffusion of unrequested commercial ads ("spam").

Sharewood (the company, its employees, directors or agents) is not responsible for complaints, requests or damages (effective or consequent) of any kind related to the shut-down of an Account.

The User can choose to register by logging in with his Account among the given third parties social networks ("SNS"), (including, for instance, Facebook); each one of these Accounts is denominated "Third Party Account", within our Website or App, according to the following explications.

As integrant part of the Website, App and Services, the User can connect his Account Sharewood to the third parties Accounts, as following:

  1. By providing Sharewood's login data through the Website, App or Services to his/her Third Party Account;
  2. By allowing Sharewood to access his/her Third Party Account, conforming to what's permitted by the applicable Terms and Conditions which regulate the use of each Third Party Account.

The User declares to have the right of revealing his/her the Third Party Account's data of access to Sharewood and/or consenting Sharewood to access such Third Party Account, without violating any Term or Condition which regulates the Third Party Account, and without forcing Sharewood to remit any Commission, or the limitation of Sharewood's utilization imposed by the provider of such third party Service. By consenting Sharewood to access any of these Third Party Accounts, the User acknowledges that Sharewood will access, make available and store (if applicable) any Content provided and filed into his/her Third Party Account ("SNS Content") in order to have it available on the Website, App or Service through his/her Sharewood Account and the page of his/her Sharewood Account profile.

If differently explained in these Terms, every SNS Content, if any, will be considered Members' Contents for every purpose of these Terms. Except for the privacy settings chosen in those Third Party Accounts, the personal identification data published on such Third Party Accounts will be available on and via the User's own Sharewood Account on the Website, App and Services. Please notice that if a Third Party Account is closed by the provider of such Third Party Service, the SNS Content will not be available on and via the Website, App and Services. The User's intercourse with the provider of third party Services linked with the Third Party Account, is exclusively ruled by their agreements with such providers. Sharewood does not squander any effort to analyse or verify the SNS Contents, for instance related to their accuracy or legality. Sharewood is not responsible for any SNS Content.

4. Privacy

The User acknowledges and agrees to the Privacy Policy of Sharewood, regulated at Privacy e Cookies , as regularly amended; such Policy regulates Sharewood's acquisition and use of the Users' personal information.

5. Ads and Transactions

5.a Ads description

The Ads describe the Items; they can include a text, document and pictures that the Members can choose to update on the given tab, under their own responsibility. A category is associated to each listed Item; the Owner is the only one responsible for choosing the category in which his Product will be inserted.

The Item's description must mention, if any: specific renting conditions, including the terms for a safe use of the Item, the safety deposit and the renting availability calendar.

The physical address of the renting place, the Owner's address, fax or phone number, email address or any other web address is understood to be contact information.

5.b The Owner cannot in any case modify the transaction's consideration after accepting it. When accepting a reservation request, the Owner undertakes to solicit the advertised consideration from the Leaser.

The Owner cannot in any case modify the transaction's consideration after accepting it. When accepting a reservation request, the Owner undertakes to solicit the advertised consideration from the Leaser.

5.c Exchange of contact information

The Owner and the potential Leaser can share their identity, i.e. their contact information, only after the Transaction is completed.

6. Reservations and financial terms

6.a Definitions

"Consideration" indicates the amount owed by the Leaser to the Owner and due in order to use the advertised Item, and potential Services linked to it. Only the Owner, not Sharewood, is responsible for decree the Consideration related to his/her Ad. The Owner is free to decide to include in the sum:

  1. A sum as Security Deposit
  2. The Taxes collected by the Owner.

"Owner's Commission" indicates the costs that Sharewood charges to the Owner for using its Services; such costs are:

  1. 15% off from the Consideration applicable for the benefit of Sharewood
  2. 1,4% + 0,25 € off from the Consideration applicable deducted by Stripe.

"Tax" o "Taxes" indicate any tax on sales, value added tax (VAT), taxes on goods and services, tax of temporary location, and/or general taxes; these taxes may have to be collected, under the law, by whoever provides the Items of outdoor equipment, and are to be deposited to the public agencies in charge, as well as other similar indirect taxes: municipal, governmental, federal and national or other detraction and taxes on personal or corporate income.

6.b Reservations and financial terms for Owners and Leasers

Website access, registration and consultation are free.

To the Owner who is Requested a Reservation for his Item through the Website, App or Services, will be asked to confirm or ignore such Reservation Request. When a Reservation Request occurs via the Website, App or Services, Sharewood will share with the Owner:

  1. il The Nickname of the Leaser who requested the Reservation,
  2. The link to the Leaser's User Account page.

When the Owner confirms a Reservation requested by a Leaser, Sharewood will send an email, a text message or a message through the App to confirm such Reservation, according to the settings chosen by the Owner on the Website, App or Service.

6.c Nominee of Stripe Payments Europe Ltd as a temporary agent in charge of collecting the payments for the Owner

With this document, the Owner nominates Stripe Payments Europe Ltd (as following: Stripe), his provisory agent for the payments collection with the exclusive purpose of receiving the Consideration from the Leasers.

The Owner agrees that the payment made by a Leaser through Stripe, will be considered in the same manner as a payment directly payed to the Owner; the Owner will have to make the Item available for the Leaser in the above arranged way, as if the Owner already received the Consideration. Each Owner acknowledges that Stripe's obligation to pay him/her depends on the Leaser's payment delivery, since Stripe accepts such payments made by the Guests as a provisory agent of payments collection. Sharewood does not guarantee payments in favour of the Owners for unsuccessful payments carried out by Leasers through Stripe. By accepting the nominee of provisory agent authorized by the Owner, Stripe does not take any responsibility regarding potential Owner's action or omission.
Please note that Sharewood currently does not charge commissions for the creation of Ads.

Stripe will cash-in the Consideration after the Leaser has payed (i.e. after the Owner has confirmed the Reservation) and will deliver the Consideration amount (withholding the Owner's Commission and any other tax related to the Owner's Commissions (i.e. VAT, in Europe), to the Owner within 7 days from the Consideration payment. The time necessary to the Owner for receiving the payments may vary depending on the payment modality chosen by the Owner. Some modalities include the use of third party payment processors, which can charge their additional costs to the Owner for using their Services, also through the deduction of such costs from the Transaction amount.

When the User accepts to pay a sum to Sharewood through Stripe (for a Reservation, as a Leaser or in other ways), Stripe may (without obligation to) withhold the amount due to Sharewood from any payment due to the Member as an Owner and devolve such sum as compensation to what the User owes to Sharewood. If Stripe uses this power, the debt owed to Sharewood will not be paid off for the amount corresponding to the sum withheld by Stripe, and Sharewood will be free from any obligation with the Member (including, for instance, any payment obligation) with reference to the amount withheld.

6.d Reservations and financial terms for the Leasers

The Owner, not Sharewood, is the only party responsible for honouring any confirmed Reservation and for making available any Item booked through the Website, App and Services. The Leaser acknowledges and agrees that, when deciding to conclude a Transaction with an Owner, related to an Item, he/she concludes an agreement with the Owner itself, and undertakes to accept any term, condition, rule and restriction imposed by the Owner and linked to such Item. The Leaser, not Sharewood, is the only party responsible for the fulfillment of the obligations of such agreement; Sharewood is not part of those agreements and, except for the payment obligations according to this document, denies any responsibility deriving from or related to such agreements. Independently from Sharewood not being part of the agreement between the Owner and the Leaser, Stripe will behave as the agent responsible for the Owner's collection of payments with the exclusive purpose of accepting payments on his/her behalf. After the payment to Stripe, the Leaser's duty towards the Owner, regarding the Consideration, will be settled and Stripe will be responsible for paying the Consideration to the Owner (withholding the Owner's Commission and the relative Taxes, such as VAT), with these Terms' modalities. If Stripe fails to deposit such amount according to what's described in these Terms, the Owner will be able to behave only towards such Company.

The Leaser agrees to pay Stripe each confirmed Reservation made through his/her User Account, in compliance with these Terms, with one of the modalities described on the Website or the App, for example by credit card. The Leaser authorizes the amount collection by charging on his/her credit card given when requesting a Reservation, directly by Stripe or indirectly, through a third party which provides a Service to elaborate online payments, or through one of the payment modalities described on the Website or the App.

7. Taxes, Permits and Certifications

Sharewood does not pay taxes on behalf of Users or Website Members. The Users and Members are the only parties responsible for possible Taxes related to any intercourse Contract between them.

Depending on the circumstances, such as the number of transactions carried out and the object of the Transaction, the law can require permits or certifications. The User agrees to be the only responsible for obtaining permits or certifications that could be necessary for carrying out a Transaction or use the Website's Services. Sharewood is not responsible for determining whether it is necessary to have a permit and/or a certificate for using the Services or the Website, i.e. carry out a Transaction. Sharewood does not declare anything or give any guarantee about the permits or certificates of its Members or Users.

8. Sharewood's Responsibilities

8.a Exclusion of Guarantee

The User agrees that the Website use and the Services offered by it, is entirely his/her own responsibility. The Website and the Service are offered "as they are" and "as available", without guarantees and/or any kind of responsibility. Every explicit or implicit guarantee, including (without limitations) marketability, the qualification for a certain purpose, and not the violation of property rights, are expressly excluded within the legal limits. Within the legal limits, Sharewood declines any guarantee for the safety, reliability, promptness, precision and Website performance.

Within the legal limits, Sharewood declines every guarantee and responsibility related to the ownership of the Advertised Items: if the person who uploads an Ad is not the actual owner of the Item, Sharewood cannot be considered responsible for the real Owner nor for others.

Within the legal limits, Sharewood declines every guarantee for other Services or goods received through the platform or advertised on the Website.

Within the legal limits, Sharewood declines every responsibility concerning the spread of computer viruses or other dangerous components regarding the Website or the Service.

8.b Limitation of Responsibility

Sharewood will never be responsible for damages toward thirds or the contracting parties (Owner and Leaser) for using the Website or the Service, or for signing any contract between Owner and Leaser. Such responsibility exclusion concerns, among others: direct and indirect, accidental, special, exemplar and consequential damages, including: profit loss, data loss or loss of access; IT damages; the cost of replaced products or Services; any damage linked to physical or personal injuries.

Sharewood's responsibility is excluded also if it is aware of the possibility of such damages. The above damages may derive from: the use or abuse of the Website or Service, the inability to use the Website or the Service or from the interruption, suspension, modification, alteration, or the cessation of the Website, Service or the registered members' Accounts.

Such limitation also includes the damages caused by other Services or products received through commercials or related to the Website or the Service or any other link on the Website; moreover, caused by information or suggestions received through or advertised in connection to the Website or any link on it. Such limitations are applied within the legal limits.

8c. Damaged items

The Leaser is responsible for returning the Item in the conditions in which originally it was when delivered by the Owner. The Leaser is also responsible for his/her own acts and omissions and those of any person permitted to use the Item.

8.d Security Deposits

The Owners can chose to include Security Deposits in their Ads. Each Ad will indicate if a Security Deposit is required for the Advertised Item. If a Security Deposit is included in the Ad of a confirmed Reservation of an Item, and the Owner demands such Deposit, Sharewood will undertake the necessary efforts to charge the Leaser's payment method the amount of the Security Deposit within a reasonable lapse of time after the Item's return. Sharewood is not responsible for managing or accepting any claim by the Owner concerning the Security Deposits and declares not to have any responsibility regarding it.

9. Safety and Users' feedbacks

Sharewood is not obligated to verify its Users or Members identities; it cannot confirm the identity of each Member. Therefore, Members and Users must be cautious as they would in everyday life, as well as in the Website, when meeting strangers.

9.a Users' comments

Sharewood provides a "Feedback" system for Users and Members; these consist in an evaluation concerning the person with whom a Transaction was made. The Owners can ask for an evaluation, i.e. a comment about the experience of renting their goods or Items. The evaluation is applied both to the Owner, the rented good or Item, and the Leasers.

10. Contents published on or via the Website

10.a Contents from the Users

Every content published on the Website, shared with or accessible through link from the Website, are exclusive responsibility of the User who made such comments. The User is the only person responsible for any published Content, email or material made available through the Website. The User acknowledges that Sharewood does not check and is not responsible for the Contents available through the Website; moreover, he/she acknowledges that by using the Website, it could be exposed to offensive, improper, inaccurate, illegal or deceptive Contents.

10.b Links to other websites

The Website, App or Services may include link to Websites or third party resources. Sharewood is not responsible for: (i) the availability or accuracy of such Websites or resources; or (ii) the Contents, products or Services provided by such Websites or resources. The links to such Websites or resources do not imply any commitment by Sharewood to such Websites or resources or to their Contents, products or Services provided by such Websites or resources. The User takes exclusive responsibilities and risks due to his/her use of such Websites or resources or their Contents, products or Services on, or available from, such Websites or resources.

Sharewood is also not responsible for the privacy policies or procedures applied on other websites. When a Member or User of Sharewood clicks on a link which directs to another Website, he/she is responsible for reading its privacy policies.

10.c User's authorization

According to the above conditions, the Users irrevocably agree that Sharewood, and/or the other Users whom Sharewood permits the faculty, use the Contents and every part or element of such, without any restriction, all over the world, perpetually and lasting the entire duration of the legal protection ratified in every country of the world.

For illustrative, yet incomplete purposes, the above authorization also includes the right to:

  1. Publish, share and make contents available to the public so that everyone can access them via the Website when and wherever willing, totally or partially, by any means and/or technology and in any modality (also interactive), actually given and/or developed in the future;
  2. For the above purposes, reproduce and amend the Contents in any way to meet the technologic limits imposed by the Website's functioning modalities;
  3. Authorise the other Website Users to reproduce the Contents on their devices using the Website and the Services.
The above rights are granted non exclusively way, therefore the User is allowed to use such Contents in any way or modality.

10.d User's declaration

The Owner declares to legitimately and fully have all the rights related to the Contents that he is going to publish (for illustrative, yet incomplete purposes: copyright, rights of image and/or personality in general, trade mark rights and other monopoly rights, privacy rights, rights related to the depiction etc.).

The User explicitly declares that if he/she is not the complete holder of the Contents' rights which are going to be published, he/she was authorized to use such Contents from the third holders of such, and is therefore free to authorize the use of such Contents within these Conditions limits.

The User undertakes not to publish any Content if such Content and/or its use:

  1. is false, obscene, pornographic, defamatory, or includes racist, violent, offensive, vexatious, or incites the committing of a crime or is illegal in Italy or in the site where the User uses the Website or the Services, or according to other applicable laws;
  2. violates the standards of data processing or data concerning the industrial privacy and the privacy of private information;
  3. assumes the User has authorizations, holds rights or has qualifications requested by the law, that are not actually given to him/her;
  4. violates patents, trademarks, copyrights or other third-party rights;
  5. contains informatic viruses or any other programs or software created to stop, destroy, damage or even only limit the functions of any software, hardware, net, Service or Website's net;
  6. is in any way dangerous for Sharewood, its Members, Users or third-party providers.

The User guarantees the good quality of the Contents which he/she is going to Publish and the conformity of such for the use they are directed to.

11. Compensation for damages

Sharewood offers to its Members a compensation for damages occurring for the Items advertised on the Website of:

  • up to euro 3.000 for bikes;
  • up to euro 300 for water sports equipment, mountain equipment and camping tents.
This Guarantee only covers the damages occurring within the renting period indicated on the Website sharewood.io. This Guarantee excludes:
  • theft;
  • any damage occurring before or after the renting period;
  • damages due to the normal Item's wear and tear, its use or the passing of time;
  • damages due to unauthorized repairs made by the Leaser;
  • damages to the Leaser or Third-parties, due to the Item's imperfections or its Owner's bad maintenance;
  • damages to the Leaser or Third-parties, due to the proper or improper use of the Item;
  • damages occurring at night-time (from 10pm to 6am), because in such time lapse, the Items are presumably not overseen.
All the above damages are the only responsibility of the Leaser. Within the above mentioned quantitative limits, the concrete compensation entitled to the Owner will be discretionally determined by Sharewood.

11.a Conditions and supply

Sharewood will supply the Guarantee only if the following conditions occur:

  1. In order to rent out the Item on sharewood.io, the Owner must carefully take pictures of the Item, so that the damages are clearly visible and the good is precisely recognizable;
  2. In order to receive compensation, the Owner must submit his/her Request from the Website within the 24 hours after the renting period is over; the Requests sent after such deadline will not be considered. The Request must include accurate pictures of the damaged Item;
  3. The Owner must be available until the experts chosen by Sharewood can examine the real size of the damage.

12. Amendments

Sharewood holds the right, at its own discretion, to amend the Website, App or Services, i.e. to amend these Terms of Use, including the Services' charges, at any time and without previous notification. In case of amendments applied to this Conditions, such will be published on the Website or through the App. We will also update the "Date of the Last Update" in the footnote of these Conditions. By continuing to access and use the Website, App or Services after the amendment of the Website or through the App or after the amendment's notification, the User undertakes to abide by such amended Conditions. If he/she does not agree to such amendments, the only available complaint will be to stop using the Website, App or Services.

13. Use of external platforms

Google Maps' use depends on the implicit Agreement of its . Terms and Conditions.

The map information obtained through Google is to be considered merely explanatory.

14.Intellectual and industrial property rights

Except for Sharewood's Privacy Policy's lay outs, any Content transferred by the Users to the Website, either by email or by other means, for any reason, will be processed as non-confidential and not of property. If the Users hold all the rights for such communications or Contents, they explicitly grant to Sharewood and its chosen licensee, a non-exclusive licence with the perpetual right, and all over the world, to copy, dispatch, view, execute, publish, translate, adapt, amend, and/or use such material for any purpose, independently from the form or means (now renown or actually not) for which it is used.

Please do not publish private information or protected as intellectual or industrial rights, on the Website, unless differently agreed in writing form.

Sharewood respects another's intellectual property right, and demands the same respect from its Users. If a Website User considers that his/her intellectual, industrial or other rights have been violated by another Member or User's publication on the Website, the User itself must submit a written communication to Sharewood S.r.l., within 48 hours after discovering such violation.

In order to be effective, the notification must include:

  1. The physical or electronic signature of the person authorized to act on behalf of the exclusive right holder which has presumably been violated;
  2. The identification of the copyrighted Content considered violated;
  3. Enough information that allow us to contact the claiming party, including: address, phone number and, if possible, an email address where the claimant party can be reached;
  4. The identification of material considered illegal activity and sufficient information to enable us to detect such material;
  5. A statement in which the injured party has a good faith belief that the use of such material is not authorized by the Copyright Holder, the responsible official or the law;
  6. A statement in which the injured party declares that the information included in the notification is accurate and, under penalty of perjury, that the claiming party is allowed to act on behalf of the holder of an exclusive right, presumably violated.

According to the Delibera 668/2010 of AgCom, concerning the protection of Copyright on the Web, see below for the contact information of our licensed Agent for the communications related to the violations of Copyright. Licensed Agent for the presumed violation:

Sharewood S.r.l.,
Via Antonio Locatelli, 4 Milano

The User agrees that when receiving a claiming notification for the violation of Copyright, Sharewood can immediately remove such material from the Website without any responsibility towards the Users or Third-parties.

15. Release from liability

The User and/or the Member of the Website undertake to free, defend, release from liability and keep Sharewood and its affiliates, joint-partners and their officials, directors, employees and agents, free from and against any claim, responsibility, damage, loss and expenses, including, without any limitation, reasonable legal and accounting fees, originated from, or in any way related to:

  1. the access or use of the Website, App or Services or the Contents for Their part or the violation of these Terms for their Part;
  2. the Contents elaborated, dispatched, copied, sent and made available from the Members;
  3. any of the following actions carried out by You:
    1. the interaction with any Member,
    2. the Reservation of an Item, or
    3. the creation of an Ad
  4. the use, condition or renting of an Item, including, without any limitation, any injury, loss or damage (for the compensation of damages, direct, accidental, consequential or otherwise) of any kind resulting in connection with, or as a renting result, of the Reservation or the use of an Item.

Sharewood S.r.l. holds the right, at its own discretion, to arrange the defence with a lawyer personally chosen, against any legal claim, lawsuit or such, which require a financial fee from the User or the Member, who cannot contest anything.

16. Relationship between parties

Sharewood, the Members or the Users are independent parties; each one acts on his/her behalf and for his/her purposes. The foregoing Terms of Use do not establish any constraint of subordination, agency, representation, association, intermediation, partnership, working or franchising relationship between Sharewood S.r.l. and any Member or User of the Website.

None of the clauses included in the Terms of Use, i.e. in Sharewood's policies and any other material can be considered to be aimed at establishing, creating, give effect or recognising a company, an agency, a joint venture i.e. any formal business entity, i.e. to creating a trust among the parties.

The parties' rights and obligations must be limited to those expressively stated within this document.

17. Applicable law and jurisdiction

The foregoing Terms of Use are ruled and interpreted in accordance with the Italian law.

Any controversy regarding the validity, interpretation or implementation of the present General Terms of Use will be submitted to the exclusive jurisdiction of the Court of Law of Milan.

18. Further conditions

  • Sharewood is not responsible for the relationships created among Members;
  • The clauses titles of the present Terms of Use are merely given as indications; they do not necessarily define their content;
  • The User agrees that the rights and obligations included in the present Terms of Use, as well as the other documents incorporated in it by reference, can be freely and lawfully transferred by Sharewood to third parties in case of mergers, acquisitions or other events;
  • In any case, within the Website, the Users undertake to comply with the national and international laws and every regulation in force for using our Services, in relation with the activities conducted on the Website by the Users themselves. Moreover, the Users expressively acknowledge and agree that the use of the Website can be legally qualified as a professional activity. As a company, we are subject to specific obligations, such as, and without limitations: activity record, the maintenance of bookkeeping and accounting records in compliance with the regulations in force, the payment of Taxes on renting activities and the other applicable Taxes, as well as legal provisions in the event of insolvencies. Furthermore, if you have a business on the Website, and, in particular, if you are a professional User, you must comply with the norms, regulations and every trade law. Sharewood suggests an expert or a lawyer be asked for advice about these topics;
  • No exemption to the foregoing Terms of Use will be granted, without a written authorization and a new contract signed among Sharewood and the User;
  • Every communication for the User's attention will be submitted to the email address given at the time of the registration on Sharewood. The messages and notifications are considered to be received 24 hours after the email submission, unless receiving a notification stating that the email address is not valid or non-functioning.

Milano,
30/08/2015