Terms and conditions
Here you can find the general terms and conditions (GC) relating to the restaurants.st website (from now on “restaurants.st”), of First Avenue Srl, with head office in Via Dante n°28, 39100 Bolzano, Italy.
The GC includes all rights and obligations relating to the use of this website. They guarantee the protection of your personal data and privacy and that of other users.
Our aim is to handle your personal data responsibly and securely, to give you accurate and up-to-date information about the use of such data, and to comply with relevant data protection rules and legislation.
These terms and conditions can be viewed at any time by the user via a link on the website. Please read the following Terms & Conditions carefully and bear them in mind when you browse the site:
1.1 The GC are applied to all users of restaurants.st of First Avenue Srl, ?including when access is obtained through another restaurants.st URL (e.g.: www.restaurants.st.de, www.restaurants.st.it, etc.).
1.2 The GC apply to all the other websites relating to all recognisable restaurants.st contents.
1.3 If the user does not accept the terms of this agreement, he or she shall not be able to use the service. If the user does not accept any of the terms of this agreement, but continues to use the services, he or she agrees to exempt First Avenue Srl from any legal liability in accordance with the current legislation.
1.4 For third-party applications and services, the GC of the relevant service provider apply. This also refers to any commercial activity that extends beyond the use of restaurants.st, as well as offers of cooperation and partnership. In both cases, separate agreements will be drawn up between First Avenue Srl and service providers, as well as between service suppliers and users in order to regulate these agreements solely under the terms and conditions laid down for this purpose.
2. Acceptance of the General Conditions and User agreement
2.1 Acceptance of the GC is required to use the website.
2.2 The GC are accepted through the user agreement.
Or: - Double click in the “not-registered” area to access the content provided on the website; first you are required to acknowledge and agree to the GC; secondly you are required to agree to the conditions of use. - You will reconfirm these terms in accordance with the current provisions, in the “registered” area, by registering with the website (see point 3), as well as agreeing to the conditions of use by First Avenue Srl
2.3 The conditions of use are valid each time you access the website without the need to refer back to the GC.
2.4 First Avenue Srl reserves the right to modify the GC in whole or in part. Any changes will be notified on the website. Further use of the website implies acceptance by the user of the changes to the GC.
3. Intellectual property rights and available website content
3.1 All restaurants.st content, including text, graphics, maps and drawings, as well as software, files, database and brands, including videos and applications, functions and configurations applied to the content is protected by copyright and can be used solely in accordance with the terms of the GC. You may not copy, imitate or alter the logo, term, graphics or any other part of the “restaurants.st” registered trademark.
3.2 All multimedia content protected by copyright (see example on point 3.1) and published on the restaurants.st homepage by third parties, is subject to the individual’s copyright law.
3.3 The user may create his or her own content within the GC and modify it (see also point 5); however, he or she has no right to modify, copy or exploit the content of other users in any way. With regard to personal content the individual user’s copyright law applies.
3.4 The data protection referred to in points 3.1, 3.2 and 3.3 also applies in the event that multimedia content is not indicated as content protected by copyright or identified as such.
3.5 By registering with restaurants.st, the user acquires the limited, non-transferable right to use restaurants.st’ products and services for personal use only. Using and downloading content does not in any way include the transfer of rights.
3.6 With reference to the content (or with ref. to First Avenue Srl), however, restaurants.st is protected by specific copyright laws which are explained in detail in point 5.9.
3.7 restaurants.st is authorised and reserves the right to transfer to third parties all the services and performance of services, in whole or in part, without prior notice. This includes all the contents uploaded by the users.
3.8 For the purposes of using the website content freely, First Avenue Srl reserves the right?to modify or cancel any of restaurants.st’ applications or services without notice.
3.9 restaurants.st also reserves the right to cancel user content, in whole or in part, or make it unavailable online, particularly content that does not comply with the current conditions of use. The user cannot oblige restaurants.st to publish his or her own content on the website.
3.10 The user cannot initiate a claim in the event of the non-availability of services, applications, or performance of services or on the temporary non-availability or cancellation by restaurants.st of data uploaded on the website.
4.1 To use the functions and services in the registered area, the user must register first. The registration must be approved by the service provider.
4.2 To register you need: - to be a fit and proper person of 18 years or above; a legal entity - to fill out all the necessary fields accurately and completely - to keep the data on the website up to date should your details change - to register only once and only for personal use
4.3 The user endeavours: - to protect his or her own login details (username and password) - never to reveal these to third parties - to immediately inform the service provider in the event of a lost password, - never to give their username and password out to third parties - not to undertake any action that may jeopardise the security of the account - not to use the account for commercial use
4.4 The user is entirely responsible for any activity that takes place through his or her login details on restaurants.st, including all content owned by restaurants.st or by third parties.
First Avenue Srl is not responsible for any damage of any sort incurred by the user caused by misuse of login information.
4.5 First Avenue Srl reserves the right to refuse a registration without giving reason, as well as denying registered users access to those areas where registration is required.
5. Registered users' rights and responsibilities
5.1 Registered users can post content on restaurants.st, write comments, and review the recommendations made by restaurants.st or by other users. Both positive and negative reviews must be expressed clearly and be objective. The user cannot change the content owned by restaurants.st or by third parties in any way.
5.2 In particular, users have the following responsibilities: - to create their personal profile - to publish content such as descriptions of hikes or information relating to restaurants.st, including images or videos of hiking routes - to provide feedback or to rate the hikes and places of interest (PdI) or (POI’s) - to connect personal websites with restaurants.st via a link - to download or print restaurants.st content for personal use
5.3 The user may not upload any of the following multimedia content - religious or political content of any kind - racist, immoral, violent, pornographic, defamatory or offensive language or language that is harmful to the dignity of others, especially if the information is intended for other users, partners, or clients of First Avenue Srl - content that may provoke criminal or immoral behaviour - data that is potentially harmful to the system’s security (e.g. a virus) - links to illegal websites - unauthorised advertising relating to matters of a personal nature
5.4 The user is not allowed to use restaurants.st services for commercial use. He or she cannot reproduce content which contains representations of products or services, or the publication of texts or reviews containing advertising material.
5.5 Furthermore, the user can post content on restaurants.st only if he or she owns the copyright or has permission to use it.
By downloading and posting multimedia content on restaurants.st, the user guarantees that he or she has all the relevant rights.
In the event that the user does not own the rights or there is a dispute between the user and third parties over who owns the rights no multimedia content will be posted on restaurants.st.
Neither restaurants.st, nor First Avenue Srl are required to verify the legitimacy, accuracy, completeness of the multimedia content produced by the user or whether it is up to date.
Failure to comply with the obligations described in points 5.3, 5.4 or 5.5, signifies that the user takes responsibility for any direct or indirect damage caused to restaurants.st or First Avenue.
restaurants.st or First Avenue Srl will assume no responsibility for any claim by third parties that may result from incorrect or unauthorised use of the content.
The user is entirely responsible for any legal or extra-legal costs that may be incurred by restaurants.st or restaurants.st’ legal representatives resulting from incorrect or unauthorised use of the content.
5.8 In the event of non-compliance with these provisions (see points 5.3, 5.4 and 5.5), First Avenue Srl reserves the right to cancel the content posted by the user without giving any reason, and to refuse future access to services provided by restaurants.st.
5.9 Users acknowledge that restaurants.st and First Avenue Srl have the transferable and non-exclusive right, unlimited in time and space, to use all the content posted on restaurants.st whether this content is in the form of text or other.
This includes the right to modify, translate, update, adjust and freely post the content on restaurants.st or other websites, and to use the content in any other medium, be it in print, radio or television broadcast or via any other distribution media.
6. Limits of responsibility and exemptions
6.1 Although First Avenue Srl intends to check regularly, as far as possible, that the content of the homepage is accurate, complete and up to date, they cannot rule out the possibility of there being any errors in the descriptions of excursions and hikes, or places of interest or any other content whether in the form of text or images.
6.2 The use of all the content, route directions and details found in restaurants.st is solely at the user’s risk. This is particularly with reference to the guidebook and to the routes recommended by restaurants.st.
Descriptions, routes, GPS data, and images are for illustration purposes only and do not provide information about any dangers or about the conditions of the routes in detail.
6.3 Neither restaurants.st nor First Avenue Srl is responsible for the accuracy and quality of the information relating to routes and road directions, or for ensuring that this information is up to date and complete, regardless of whether this information comes from the restaurants.st editorial staff or other users.
6.4 The user is entirely responsible for ensuring that the information is up to date and assessing the risks associated with any of the proposed activities before embarking on them.
The user is also responsible for choosing only those activities that are suitable for his or her own capabilities, and/or for acquiring the necessary equipment for their chosen activity.
The user is also responsible for complying with the rules and regulations, prohibitions and restrictions in place in the area.
6.5 Any recommendations about the difficulty and duration of any of the routes are only for indicative purposes and refer to the average estimated by expert mountaineers in ideal conditions; these recommendations may be subject to variations based on weather conditions or on other environmental factors.
6.6 In the event of serious injury to persons or damage to property First Avenue Srl, as the content manager, accept responsibility in respect of material or immaterial damages caused by the use of restaurants.st advertising content and following a thorough verification to assess these responsibilities. However, the user exonerates First Avenue Srl from any responsibility in the event of negligence.
6.7 Negligence occurs if First Avenue Srl does not meet the requirements of the duty of care set out by the contract. We will only compensate you for preventable damages.
6.8 Neither restaurants.st nor First Avenue Srl is required to verify that the details provided by registered users are accurate, complete and up-to-date. restaurants.st or First Avenue Srl shall not assume responsibility of any kind for the above.
6.9 In the case of applications and services provided by third parties, the terms and conditions and the responsibilities agreed by the providers will apply. restaurants.st shall not assume any responsibility in respect of content, applications and services generated by third parties which are available on restaurants.st. Neither will restaurants.st be responsible for any content available on the site through a link.
7.1 The map of the province of Alto Adige has been drawn based on data from the National Statistics Office of the autonomous region of Bolzano, combined with data supplied by First Avenue Srl. You may not copy, reproduce, modify, distribute, or broadcast any part of the maps without the prior written consent of First Avenue Srl.
7.2 For the maps of the regions outside Alto Adige, we use geological data from the Open Street Maps project (http://www.openstreetmap.org). This is in compliance with Creative Commons Attribution-Share Alike 2.0.
The restaurants.st map is used with Api by Google Map on restaurants.st. For this Api the Condizioni Generali di Google apply. First Avenue Srl cannot guarantee that the maps supplied and the data contained therein are correct and complete. Their use is at the user’s risk.
8. Data Protection
8.1 By agreeing to the terms and conditions the user hereby agrees to the data protection provisions attached
9. Final Provisions
9.1 Any dispute arising from the use of restaurants.st will be resolved within the jurisdiction of Bolzano, Italy, under Italian law.
9.2 If any of the individual provisions of these General Conditions are rendered invalid, this shall not however compromise the validity of any other conditions.
These general conditions are an integral and essential part of the data protection provisions, in the sense that the terms of this agreement automatically imply agreement to the respective conditions.