Terms & Conditions

Terms & Conditions

Virtuous Circle SA (CHE 358787784) with registered office in Stabio (6855 - Switzerland), via Gaggiolo, 27 in the person of its pro tempore legal representative, below are the terms and conditions of use of Epicentric® service, please read them carefully.

1. Definitions

Company: Virtuous Circle SA (CHE 358787784) with registered office in Stabio (6855 - Switzerland), via Gaggiolo, 27

• Epicentric®: trademark registered by the Company.

Sign up/registration: operations that the User must perform in order to access the Services offered by the Company, by entering all the required information.

• User Account: the account created during the registration phase for the Services offered by the Company, containing both information visible to all Users and information visible only to the User who created this account.

• Web Site/Web application: web pages (not exhaustively: https://epicentric.world and https://play01.epicentric.world/ where the User carries out the operations required to access and make us of  the Services offered by the Company;

• Settings: specific audiovisual playback instructions available to the User through the web application.

• Profile: possibility for the User to create their own nickname and to share a text description that can better represent (also through images and sounds) their characteristics to other Users.

• Profile settings: specific instructions for the reproduction of all the Items, Links, epikey and mind maps created by the User.

• Item/Content: Graphical representation of User files as well as internet addresses performed by the web application.

• Link: association that the User makes between their Items and one or more Epikey containing specific instructions for the reproduction of each item;

• Link settings: specific instructions given by the User for the reproduction of all the items to which the links refer

• Epikey: representation and creative description performed by the User containing specific instructions for the reproduction of the Links associated with it;

• Epikey settings: specific instructions  given by the user for the reproduction of all links associated with a specific Epikey;

• Map: creative representation and description performed by the User to group one or more Epikey.

• Sharing Space: Virtual space where the User can share their Epikeys and Maps.

• Private Sharing Space: Private virtual sharing space where each User can share their Epikey and Map with a limited number of friends/contacts.

• Public Sharing Space: Public virtual sharing space, reserved for a special category of users, from which they can share their Epikey and Map with an unlimited number of friends/contacts.

• Sharing of Epikey and Map: Operation by which a registered user makes available to other registered users the exploration of their Epikey and Map and the streaming playback of the audiovisual content connected to it.

• Friends / Contacts: Registered users with whom you can share your Epikey and Map

• Sharing slot: Number of Friends Contacts, with whom it is possible, from time to time, to share one's Epikey and Map

• Blocked contacts: List of Users with respect to whom you do not intend to receive notifications and or messages, or in any case be viewed;

• Blocked content: The possibility for the User to block and/or interrupt the streaming of content shared by their Contacts/Friends or in any case by other Users

• Playlist: Playback sequence of multimedia files.

•Storage space: free storage service provided by the Company to the user for archiving their files.

• Additional storage space: additional storage space, for a fee, that the Company makes available to Users.

• Paid services: (servizi a pagamanto) additional paid services that the Company reserves the right to introduce and provide to its Users by virtue of special conditions and terms of use, subject to separate and specific approval by the User.

 

2. Services offered by the Company

• Epicentric® is a software that allows its Users, upon registration,

- To upload their files to the storage space provided by the Company,

-To create links to internet addresses.

-To organize their Items/Content through the creation and representation of their Links, Epikeys and Maps,

-To playback, possibly in a customized way, their Items/Content through the functions made available by the software

-To share their own Epikeys and Maps

• The use of the Services provided by the Company is subject to these Terms of Use, which the User accepts by registering, providing his express and explicit consent.

• The User, while registering for the Services, and in any case in the use and enjoyment of the same, is therefore invited to read and keep, in any form, these Terms of Use.

• The Services offered by the Company are aimed at the consumer user and intended solely for private and personal entertainment, with the express exclusion of the possibility for the user to use the Services offered for commercial and/or (however called) professional purposes.

 

3. Registration to services

a)  Account creation

For the purpose of creating their own account, the User undertakes to communicate to the Company a valid and active e-mail address.

The company reserves the right to verify the validity of the email address communicated by sending one or more emails and/or verification reminders.

In order to be able to interact and share their Keys, Links and Maps with other Users, or to be able to purchase the premium services provided by the Company, the user undertakes to communicate to the Company the following personal and identification data, of which he himself certifies the truthfulness:

i.   Name and surname

ii.  Date of birth

iii. Birth place

iv. Residence address

v.  Citizenship

vi. Sex

b)  In any case, the Company reserves the right to suspend the account in the event that it becomes necessary to carry out any checks on the veracity and/or reliability of the data provided.

c)  The creation of the account will allow Users, in particular, to:

i manage their account information;

ii. search for other Users

iii. access the services referred to in § 2.1 of these terms

iv. benefit from the web space provided by the Company and/or any paid services that the Company reserves the right to introduce;

v. share their Epikeys and Maps with their friends/contacts within the sharing spaces.

d) By creating their account, the Users undertakes to take all appropriate measures to defend the confidentiality and security of the access credentials, and in case of loss of credentials, to immediately notify the Company of any compromise of the security of their own personal profile.

 

4. Access to services

a) The Company undertakes to provide access to the Services after creating an account.

No other payment will be required from the User except for the actual use of the paid Services introduced from time to time.

 

5. Company Declarations and Warranties

a) The Company reserves the right, in the event of a report of violations by the User of these Terms, to proceed with the suspension, or with the cancellation of the account of the defaulting User, without prejudice to any right to act, even in court, in order to obtain compensation for the greater damage suffered.

b) The Company also reserves the right, following the reporting of violations, to suspend the functionality of the User Account, in particular, in the following cases:

i. Providing untrue information during registration and/or use of the Services offered by the Company:

ii. The use of the services offered for commercial purposes, or with the purposes indicated in point 6.e of these Terms:

iii. The dissemination, through the Services offered, of contents contrary to the law, or of contents indicated in point 6.f of these Terms;

iv. The dissemination, through the Services offered, of contents in a quantitatively anomalous manner (so-called spam)

v. Violation of the intellectual property rights of the Company or of third parties;

vi. Any detected attempt to damage and/or attack the IT facilities necessary for the provision of the Services offered by the Company;

c. After thirty (30) days from the suspension of the functionality of the account in the absence of written disputes by the User, this agreement will be considered automatically terminated. After this deadline, the Company reserves the right to delete all account data, as well as all data in the web space.

d. The Company also reserves the right, in the event of a report of violations of these Terms by the User, to block, or no longer make available to its Users, the content reported as "inappropriate" or published in violation of § 6.f of the these terms.

e. The Company also reserves the right to inform the Police Forces of any illegal and/or violations committed by its Users through the web application, with the right to communicate, in the event of a request from a Public Administration, the data of the indicated User as responsible.

 

6. Users Declarations and Warranties

a) The user declares himself solely responsible for the management, creation, conservation and processing of the files stored in the storage space provided by the Company, as well as the sole responsible for the management and conservation of the credentials for accessing the Services.

b) The User declares to use the services offered by the Company in compliance with these Terms, as well as in accordance with the principles expressed in the so-called netiquette http://www.ietf.org/rfc/rfc1855.txt.

c) Finally, the User declares under his sole responsibility:

i. that the personal and identification data provided by him to the Company correspond to the truth;

ii. that the personal and identification data provided by him to the Company guarantee prompt communication by the Company to the User himself in case of need;

iii. the legitimacy of the origin and conservation of the data saved in the storage space provided by the Company and to be solely responsible for it;

d) The User also declares to be solely responsible, in the event of an ascertained violation of the legislation on intellectual property, for the content of the files stored in the web space provided by the Company and for any content created and shared and, consequently, for maintaining the Company harmless, through this express indemnity, in the event of a dispute (even in a non-contentious setting) by the subjects legitimately owners of the rights of use and intellectual property;

e) The User undertakes not to use the Services offered by the Company for commercial, business or other purposes other than the mere and occasional sharing of their Epikey and Map.

f) The User expressly undertakes not to use the Services provided by the Company for the processing of content contrary to the law, defamatory, abusive, obscene, libelous, pornographic, vulgar, blasphemous, harmful to privacy; among which, in particular:

i. personal data of other Users;

ii. sensitive data of other Users;

iii. dissemination of data in a spam-like manner;

iv. material covered by intellectual property, copyright, industrial property;

v. offenses to public or religious institutions;

vi. offenses to other Users, or to the Company;

vii. racist expressions and/or statements of superiority of one race, people or culture over others;

viii. incitement to violence and/or the commission of crimes, encouragement to carry out an illicit and/or criminal conduct;

ix. child pornography material;

x. commercial advertising of any kind;

xi. material protected by copyright;

xii. malicious software capable of compromising (even only through links) the correct and regular functioning of the Company's Services.

 

7. Fees for paid services

a) The Company reserves the right to introduce and provide users with additional services, for a fee, governed by the special terms and conditions of use.

b) The payment of the Consideration for these services may also take place through third party companies, of which the Company undertakes to provide identification data at the express request of the User.

 

8. Duration. Right of withdrawal

a) This Agreement has an indefinite duration.

b. The User may withdraw from this Agreement, by express written communication to be sent to the Company with communication to the following addresses:

i. Ordinary post: Virtuous Circle SA (CHE 358787784), Stabio (6855 - Switzerland), Via Gaggiolo, 27

ii. Email: info@epicentric.world

 

9. Limitation of Liability

a) The Company undertakes to adopt measures to minimize the risks of destruction, loss, access or unauthorized processing of data.

b) In case of interruption of the functionality of the Site, the Owner of the Site undertakes to restore it as soon as possible.

c) In any case, the Owner of the Site cannot be held responsible towards the User or third parties for loss of profit, loss of earnings, or for any other form of loss of profit or indirect and consequential damage connected to the execution of these Conditions.

 

10. Copyright and User Provided Content

a) The Services provided by the company, such as, in particular (but without claiming to be complete), the pages that make up the Site, the Web application, the underlying technologies and platform, the ideas, the logos, the brands, the graphics, the texts, the files, and more generally any other intellectual work connected to the offered services are the property of the Company and protected as such.

b) The contents published by Users are granted to the Company under a free license for use. By using the Epicentric service, the user expressly renounces to exercise any right of economic exploitation against the Company deriving from the creation and/or sharing, through the web application, of Links, Epikey and Maps.

c) The User undertakes not to copy, download, duplicate, distribute, publish or otherwise use, even partially, images, distinctive signs, texts and contents owned by the Company.

d) Users assume full responsibility for the contents, materials and information of any kind that they may publish, transmitted, disseminated or made accessible on the Site or through the Services, as well as for any damage caused directly and/or indirectly to third parties.

e) By using the services offered, the User undertakes to hold harmless, through this express indemnity, the Company from any third party claims arising from or otherwise connected with the use of the services themselves.

 

11. Transfer to third parties of the obligations arising from these Terms

a) The Company reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights and/or obligations deriving from these Terms, for the purposes of an optimal provision of the Service, provided that the User's rights provided in these Terms are not affected in any way.

b) The User may not assign or otherwise transfer your rights or obligations under these Terms without the written authorization of the Company.

 

12. Provisions governing termination of agreement  

a) The Parties expressly agree on the following cases of automatic termination of this agreement:

i. Ascertained breach by the User with respect to the obligations set out in these Terms of Use;

ii. suspension of the User account in the cases provided for in § 5.b of these terms persisting, in the absence of written disputes by the User, after 30 days from the deactivation of the functionality of their account

b) In the event of termination, withdrawal, or otherwise interruption of this agreement, the Company reserves the right to delete the User's personal profile, as well as to permanently delete all data relating to it.

 

13. Miscellaneous

a) These Terms of Use are to be considered effective now and for the entire duration of the contractual relationship.

b) If a clause of these Terms of Use is deemed invalid, null or otherwise ineffective, it will be considered independent from the others and will not automatically affect the validity or effectiveness of the other clauses of these Terms of Use.

c) Except as otherwise provided in these Terms of Use, the communications between the User and the Company will take place via ordinary e-mail, as regards the User at the address provided by him during registration, as regards the Company at the address of ordinary e-mail info@epicentric.world.

d) Communications from the Company will be considered received by the User 24 (twenty-four) hours after sending the communication via e-mail.

 

14. Applicable law and competent court

a) These Terms of Use are subject to Swiss law and regulations

b. The Parties expressly and specifically identify the Court of Lugano 6900 Switzerland with exclusive territorial jurisdiction to settle any dispute deriving from these terms and conditions.

 

 

 

 

“EPICENTRIC”

Special conditions and terms of use

for paid services (servizi a pagamento) offered by the Company

Virtuous Circle SA (CHE 358787784) with registered office in Stabio (6855 - Switzerland), via Gaggiolo, 27 in the person of its pro tempore legal representative, below are the terms and conditions of use of Epicentric® service, please read them carefully.

1)      Definitions:

a)      Web Site/Web application: web pages (not exhaustively: https://epicentric.world and https://play01.epicentric.world/ where the User carries out the operations required to access and make use of the Services offered by the Company;

b)      Storage space: free storage service provided by the Company to the user for archiving their files.

c)      Additional storage space: additional storage space, for a fee, that the Company makes available to Users

d)      Paid services: additional paid services that the Company reserves the right to introduce and provide to its Users by virtue of special conditions and terms of use, subject to separate and specific approval by the User.

e)      Epicoin: virtual currency offered by the Company for the purchase of paid goods and/or services at the Epicentric store

f)       Epicentric store: point of sale of the paid products and services offered by the Company.

g)      Multimedia sample files: Files that the company reserves the right to make available to users, for a limited period of time, for demonstration purposes of the functionality of the Epicentric service.

 

2)     Premises

a)      The use of the paid services (servizi a pagamento) provided by the Company presupposes the successful registration and acceptance of the terms and conditions of use of the Epicentric service.

 

3)      Licenses

a)       The Company offers its users the opportunity to enjoy the Services offered as follows:

i. Free Subscription: possibility for the User to enjoy 3GB of storage space for free,    and to use the Epicentric Software for a maximum of fifty (50) hours.

ii. Premium Subscription: possibility for the user to enjoy, upon payment of a monthly fee of 7 Euros, 100GB of storage space, and to use the Epicentric Software for an unlimited time.

iii. Top Subscription: possibility for the user to enjoy, upon payment of a monthly fee of 15 Euros, 1TB of storage space, and to use the Epicentric Software for an unlimited time.

b)      the subscription of all the abovementioned subscriptions has an indefinite duration; The User can withdraw from these contracts, with written communication to be sent to the Company at the following addresses:

i. Ordinary post: Virtuous Circle SA (CHE 358787784), Stabio (6855-SWITZERLAND), via Gaggiolo, 27

ii. Email: info@epicentric.world

c)      The notice of withdrawal will become effective from the first monthly renewal following its receipt by the Company.

d)      The Company reserves the right to change the price of the services offered for a fee, by providing prior notice to the User at the email address provided by the latter during registration, or by posting the changes on the Site.

e)      This communication of modification will become effective 30 days from its sending or, in any case, after the same term has elapsed from the day of its publication on the Site.

f)       Within this period, the User has the right to withdraw from the contract for the supply of additional storage space without incurring any costs. Failure to send a notice of withdrawal in the forms and methods set out in these terms will result in the acceptance of the changes and the automatic renewal of the contract.

g)      simultaneously with the exercise of the right of withdrawal expressed in the terms and conditions referred to in this article, the User undertakes to delete all their files so that the storage space used does not exceed the web space provided by the Company, free of charge or in the selected subscription.

h)      the exercise of the right of withdrawal from the paid services offered by the Company will not automatically entail, unless otherwise specifically requested by the User, the loss of the status of User or in any case the possibility of enjoying what is offered free of charge by the Company, or from the (different) chosen subscription.

i)        After a further thirty (30) days from the effective date of the withdrawal made by the User, the Company reserves the right to delete User data that exceeds the storage space provided for by the chosen Subscription.

j)       Failure by the User to spontaneously delete the files allocated in the storage space provided by the company within the terms referred to in this article, will be valid as an authorization in favor of the Company to be able to proceed with the elimination of the same, on behalf of the User, until that the storage space used amounts to a total of 3 GB. The user also declares that he has nothing to expect, or that he renounces any question in relation to the deletion of the files.

 

4)      “Epicoins” purchase

a) The Company reserves the right to offer its Users the right to purchase the virtual currency called "Epicoin" that can be used for the purchase of products and/or services at the Epicentric store.

b) this virtual currency has the purpose of rewarding and retaining active Users.

c) in particular, the Company reserves the right to offer Epicoin free of charge by giving appropriate notice on the Site.

d) The Company reserves the right to change the price of Epicoin's supply and the cases of their free allocation by means of communication on the Site. The price changes will become effective after 30 days from the communication

 

5)      Multimedia sample files

a) the Company reserves the right, for promotional purposes and for the duration expressly indicated from time to time by communication on the Site, to make multimedia files available to its Users.

b) for the entire duration of the availability of the abovementioned files, the User undertakes to comply with the terms and conditions of the Epicentric Service, and in particular its §9-10.