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Term and Conditions

Who we are

AgonUp is an application for sharing audio-visual content. With AgonUp, you can challenge all other users of the application or participate in challenges launched by other users by uploading your own video or photo. You can search for challenges of interest either through the home page or by using the search bar at the top, entering keywords of your interest.

AgonUp acts solely as a host for content uploaded by partner companies and users, and does not interfere with them, while reserving the right to exclude users or prevent the upload of challenges in the event of legal violations or failure to comply with these Terms of Use

A personalized environment where you can create and respond to challenges that represent you the most

AgonUp is an application for content sharing. The application is based on an algorithm that can select user-relevant content based on their searches and their most frequent and recent interactions. Specifically, within the app, you can create new challenges, participate in challenges created by others, and express your opinion on other users’ content through reaction buttons. Based on this set of data, we offer users a virtual environment that is as close as possible to their tastes and interests. Users are always free to broaden their interests and search for new content using the search bar on the homepage. AgonUp will also record this type of interaction, as indicated in these Terms of Use.

App financing methods

AgonUp is a free app for all private users, defined as users who have registered for the app (and acceptedthese Terms of Use in that context).

The services that AgonUp offers to partner companies who want to publish their content on the platform involve the payment of a fee. If requested, AgonUp ensures that partner companies’ advertisements reach only certain categories of users selected by geographic origin, age, and preferences, identified based ontheir previous searches and published content. Whenever there is a paid content purchased by a company, this will be clearly indicated to private users of the platform through the hashtag #adv or other similar notifications.

Privacy Policy

More information about the collection and use of personal data by AgonUp is available in the privacy and cookie policy, which you can find at this link.

Prohibited content

AgonUp is a safe environment where any user who is at least 13 years old at the time of registration can launch their own challenges and share audio-visual content in response to challenges from other users. To maintain a safe and stimulating app that is open to everyone and free from harm to more vulnerable users, AgonUp does not allow identity theft and will immediately verify profiles that have been reported as not belonging to the user. If this verification has a positive outcome, such profiles will be immediately deleted. AgonUp does not allow, for example, content that contains or incites users to engage in acts of:

– Self-harm

– Bullying

– Discrimination

– Racial, ethnic, or religious hatred

– Violations of other users’ privacy

or sexually explicit or violent content.

All of these contents will be immediately removed from the platform, especially:

a) In the case of uploading new challenges, AgonUp reserves the right to review the video and allow or disallow its upload on the application within 48 hours of receiving it from the user;

b) In the case of videos or photos in response to user challenges, they will be immediately uploaded to the app, but AgonUp reserves the right to spontaneously delete them or delete them upon receiving reports from other users of the platform.

License Agreement

By creating a profile and uploading content, the user grants AgonUp the right to use all their audiovisual creations. This usage includes all the content uploaded by the user to the app, their identifying data (username, profile picture, description), as well as all the audio and video content shared on the platform and reactions left on other users’ posts.

In the event that the content uploaded by the user contains audiovisual material covered by intellectual property rights of third parties, AgonUp reserves the right to delete them and not admit them to the platform.

Account Deletion

In the event of a violation of these Terms of Use, AgonUp reserves the right to delete user accounts. In such cases, the user may submit their observations to AgonUp, which will respond within the next 72 hours. However, AgonUp may also delete the user’s account in the absence of a response to the observations.

Assignment of the Agreement

The user may not transfer the rights arising from this agreement to third parties. AgonUp reserves the right to transfer the rights arising from this agreement to third parties, particularly in the event of a transfer of business, transfer of a business unit, merger, or acquisition.

Commercial Promotions and Prize Contests

The following provisions apply in the event that AgonUp is used to launch or promote commercial promotions or prize contests (e.g., competitions associated with the delivery of a product or service that has economic value).

By accepting these Terms of Use, the user or the partner company declares that the prize contest launched is fully compliant with applicable regulations and assumes full responsibility for it, expressly indemnifying AgonUp from any possible liability and detrimental consequences that may arise from it.

In particular, the user or the partner company expressly declares that they have taken care of, among other things:

– Drafting and publishing the regulations.

– Depositing the deposit and/or the guarantee referred to in Article 7 of DPR 430/2001 with the Ministry of Enterprises and Made in Italy.

– Compliance with all conditions and prohibitions set forth in Article 8 of DPR 430/2001.

Furthermore, in launching any prize contest, the user or the partner company expressly acknowledges that AgonUp has not sponsored or promoted such contest in any way and that AgonUp is exempt from any liability in relation to it.

AgonUp acts as a host, providing a ‘space’ available for the launch of the challenge, while not providing any assistance in relation to promotions and prize contests advertised through the platform.

Dispute resolution

Any disputes arising regarding the interpretation and application of these Terms of Use will be subject to:

a) In the case of disputes between AgonUp and private users, the exclusive jurisdiction of the court of the user’s place of residence.

b) In the case of disputes between AgonUp and professional users (companies), the exclusive jurisdiction of the Court of Milan.

Update

AgonUp reserves the right to update these terms by providing prior notice to the user with at least 10 days’ notice, unless it is not possible due to the urgency of incorporating specific legal provisions or orders from authorities.