Max3min S.r.l. (hereinafter also the “Company”) is organising the “Max3min Very Short Film Festival”, an online event to promote and broadcast short films.

The use of the Services offered by the Company is subject to these Terms of Use, which the User accepts through the necessary registration.

Rather than requiring payment from the User to use the Services, the Company receives compensation from third parties (companies, entities and organisations) and allows them to promote their products and/or services.

By accepting these terms, the User agrees that the Company may place advertisements on the site https://www.max3min.com/ (hereinafter also the “Site”).

The Company does not sell personal information to advertisers and does not share the User’s personal information (e.g., name, e-mail address or other contact information) with advertisers without the User’s express prior consent.

However, advertisers may provide information to the Company, such as the target audience for their advertisements. The Company reserves the right to provide advertisers with anonymous or aggregate reports on the performance of the advertisements.

1. Description of the Services offered by the Company

Registration for the Company’s Services allows the User to:

1. watch, with no playback limits, the works admitted to the Festival, based on the Festival Calendar. Specifically, during each day of programming the User will be able to view on demand each of the ten short films admitted without playback limits. This group of short films will remain available for viewing solely on the date established by the Festival Calendar.
2. communicate with other Users in the common chat (whitewall) in relation to each work admitted to the Festival.
3. Vote for the winning short film using the voting platform available on the Site.

The Services are reserved for users of eighteen (18) years of age or older and using them requires an internet connection (fixed or mobile) and appropriate hardware, the costs of which shall be borne exclusively by the User, according to the terms and costs agreed to by the User with his/her provider.

In providing the Services, the Company reserves the right to use online identifiers (“cookies”) together with other information in order to profile the User.

The cookie policy is available on the Site and the User expressly represents that he/she has read and agrees to it.

2. Registration for the Services

Registration of the User is preparatory and necessary to use the Services.

Through the registration procedure, the User represents that he/she has read and expressly accepts these Terms of Use.

Users under eighteen (18) years of age cannot register for the Services.

Creation of personal profile: To create his/her personal profile, the User undertakes to communicate the following personal and identifying data to the Company, which he/she certifies is accurate:

1. the User’s valid and active e-mail address,
2. the User’s valid and active mobile phone number, and
3. the User’s identifying data.

The Company reserves the right to verify the accuracy of the information entered and, in the event of irregularities, to suspend the User’s profile if it should become necessary to verify the truthfulness and/or reliability of the data provided when the personal profile was created.

By creating his/her personal profile, the User undertakes to take all appropriate steps to protect the confidentiality and security of the access credentials and, if the credentials are lost, to immediately notify the Company of the possible compromising of the User’s personal profile.

3. The Company’s representations and warranties

The Company reserves the right, if it finds evidence of violations by the User of these Terms, to suspend or delete the personal profile of the breaching User, without affecting its rights to take action, including in court, to obtain compensation for any additional damages incurred.

The Company undertakes to collect and process the data provided by the User while preserving its confidentiality and solely in order to allow the best possible provision of the Services. The full text of the privacy policy is available on the Site.

The Company also reserves the right, if it finds evidence of violations by one or more users of these Terms, to suspend their accounts, or render not visible any messages reported as offensive, unlawful or in violation of these Terms, and to keep a copy for use by the relevant authorities.

In particular, the Company reserves the right to suspend the User’s Account in the following cases:

1. entering inaccurate information.
2. dissemination, through the Services offered, of content that is unlawful or violates the provisions of these Terms.
3. infringement of the intellectual property rights of the Company, other users or third parties.
4. any detected attempt to damage and/or attack the IT structures necessary to provide the Services offered by the Company.

5. The User’s representations and warranties

The User represents, under his/her own responsibility, that:

1. the personal and identifying data provided by him/her to the Company are accurate.
2. the personal and identifying data provided by him/her to the Company will permit the Company to communicate with the User promptly if necessary.
3. he/she is of legal age at the time he/she created the personal profile.

The User expressly undertakes not to use the Services provided by the Company to disseminate content that is illegal, defamatory, insulting, obscene, homophobic, or harmful to the sexual sphere of third parties or to privacy, particularly:

1. personal data of other Users;
2. defamatory, offensive or disrespectful content;
3. expressions that are racist and/or that assert superiority of a race, people or culture;
4. expressions that are sexist, homophobic, trans-phobic or that otherwise assert superiority of one gender and/or sexual orientation over others;
5. incitement to hatred, violence, suicide and/or to commit crimes, or encouragement to engage in illegal and/or criminal conduct;
6. child pornography;
7. political or religious propaganda;
8. advertising of business establishments of any kind;
9. copyright-protected material and, in general, disclosure of any trade secret, regardless of whether protected;
10. malicious software that can compromise (even if only through links) the proper and normal functioning of the Company’s

5. Term. Right to withdraw

This Agreement has an unspecified term.

Either party may withdraw from this Agreement by express written notice to be sent to the other party by registered letter with return receipt, or by certified e-mail to the address listed in the national register of certified e-mail accounts (INI-PEC).

Withdrawal from the Agreement is considered effective when the Company receives the notice.

Pursuant to Article 49, paragraph 4 of Italian Legislative Decree No. 206/2005 (Italian Consumer Code), the User has the right to withdraw from the Agreement, without giving reasons, within fourteen (14) days of purchase, by notifying the Company of his/her intention to withdraw from this Agreement by registered letter with return receipt, fax or e-mail.

In the event of withdrawal from the Agreement and purchase, the Company will refund to the User any amount paid for unused Services within fourteen (14) days of receipt of the withdrawal notice. Those refunds will be made using the same means of payment used for the purchase.

Upon receipt of the withdrawal notice, the Company reserves the right to delete the User’s account within seven (7) days.

6. Assignment to third parties of the obligations arising from these Terms

In order to best provide the Services, the Company reserves the right to transfer, assign, dispose of by novation or subcontract some or all of the rights and/or obligations under these Terms, provided that the User’s rights under these Terms are not affected in any way.

The User may not assign or otherwise transfer any of his/her rights or obligations under these Terms without the Company’s written permission.

7. Express termination clause

The Company reserves the right to terminate this contractual deed in the following cases:

1. the User is found to have breached his/her obligations under these Terms of Use;
2. suspension of the User Account, in the absence of written complaints by the User, for a period of more than 15 (fifteen) days; or
3. deletion of the personal profile.

In the event of termination, withdrawal, or suspension of the contractual relationship governed by these Terms of Use, the Company reserves the right to delete the User’s personal profile, and to permanently delete, upon the User’s express request, all data relating to it.

8. Miscellaneous

These Terms of Use shall be deemed to be in force as of the date hereof and for the duration of the contractual relationship.

If any provision of these Terms of Use is found to be invalid, void or otherwise ineffective, it shall be deemed to be independent of the other provisions and such invalidity shall not affect the validity or enforceability of the other provisions of these Terms of Use.

Unless otherwise provided for in these Terms of Use, notices between the User and the Company will be made by ordinary electronic mail, to the User at the address provided by him/her during registration, and to the Company at the ordinary e-mail address film@max3min.com.

Notices from the Company shall be deemed to have been received by the User 12 (twelve) hours after the notice is sent by e-mail.

9. Applicable law and place of jurisdiction

These Terms of Use are subject to Italian law.

Pursuant to and for purposes of Article 66 quater of Italian Legislative Decree No. 206/2005, for the resolution of disputes arising from the proper application of the Terms, the User may use the mediation procedures set forth in Italian Legislative Decree No. 28/2010. The User may also use the voluntary joint negotiation procedures provided for by Article 2, paragraph 2 of that Legislative Decree No. 28/2010. The User has the right to lodge a complaint against the providing of the Service, in accordance with Regulation (EU) No. 524/2013 and Directive 2013/11/EU, before the dedicated dispute resolution bodies listed on the site https://webgate.ec.europa.eu/odr/main/?event=main.home.show.

The Parties shall refer any dispute to the jurisdiction of the Italian courts, with exclusive jurisdiction where the consumer has his/her or address for service, unless the Company and the User jointly decide to make use of alternative dispute resolution procedures.