Terms & Conditions
GoPillar.com (“GoPillar”) is a platform designed for providing services in favour of people interested in evaluating and promoting ideas based on trends and styles of architectural design, managed by CoContest Italy Srl (“CoContest”), an Italian company having its registered offices in Via Marsala 29H, 00185. Fiscal Code: 13547621006.
Registration is required to use all interactive features available on the Portal, such as posting comments, participating and creating Contests, voting, submitting Project Ideas (as defined below) and, in general, for any operation and function of the Portal in which You provide information to GoPillar about Yourself.
You must be 18 years or older to register with the Portal: GoPillar will not accept underage registration, nor is GoPillar capable of monitoring behavior of its registered Users. Users (defined below) who shall accomplish an underage registration, shall do so at their own personal risk, and GoPillar will not accept any kind of liability on the matter and reserves every right to take any appropriate action against illegal activity on the Portal.
Now therefore, with the Registration, the User, having taken due notice of the above, which is entirely accepted, agrees to the following
TERMS AND CONDITIONS
For the purposes of the present Terms and Conditions the following definitions will apply:
“Portal”: the website at URL www.gopillar.com or at any other URL where CoContest Italy Srl chooses to provide the GoPillar service as communicated to Users from time to time.
“User”: a User of the Portal who has successfully completed the registration procedure and has chosen one of the available User profiles as “Basic/Client User”, “Business Client”, “Designer” or “Premium Designer”.
“Designer”: a User who has chosen the “Designer” profile, as better defined below, and has provided GoPillar with all required data and documents to do so. GoPillar will have the right to ask a valid I.D. (Identity Document) to verify the provided data. If the Designer does not send the I.D. within 20 days, GoPillar will have the right to shut down his account and reset his available balance, if present. Furthermore, where the Designer, instead of the valid I.D., uploads any other document which is inadequate to allow the verification of the personal data provided, GoPillar will have the right to shut down his account and reset his available balance, if present.
“Premium Designer”: a User who activates the premium account through a monthly or annual subscription. This role will give the access to several extra features, as listed in the “Premium” section of the Portal. The Premium Designer will have access to the aforementioned extra features only as long as his Premium subscription will be active.
“Client”: a User who has chosen a “Client” profile, as better defined below, and has provided GoPillar with all required data and documents to do so.
“Business Client”: a User who has chosen a “Business Client” profile and has activated the business account through a monthly subscription.
“Project Idea(s)”: sketch (es), image(s), design(s) or artwork(s) concerning interior design solutions (excluding any sort of architectural project) and relevant descriptions and data which a User registered with “Designer” profile submits to participate to Contests and be evaluated by other Users;
“Content(s)”: any and all content of the Portal, including trademarks, service marks and logos, except Project Ideas but including software and HTML/Flash and any other type of code used on the website;
“CoCredit(s)”: units, which are credited to the Account of the User after a payment has been made to GoPillar, and that are used by GoPillar to pay the Account of the Designers and/or Premium Designer as prizes to the Project Ideas which reached the top-five in the ranking of the relevant Contest. Units may also be directly used by Users and/or Designers and Premium Designers to obtain certain services of the Portal where specified and/or where is so provided and may be redeemed in the allowed currencies by Designers and Users, who have at least 1 CoCredit on their Account (e.g. 1 Euro/Dollar per each CoCredit, or different conversion rate, set out from time to time by GoPillar).
“CoPoint(s)”: symbolic units, which are credited to the Account of the Designer and/or Premium Designer after his/her participation to a Contest. CoPoints have no effective value whatsoever and do not represent any effective currency, and are therefore not redeemable in Euros, Dollars or in any other currency. Their value is conceived only for statistical purposes, to measure the amount of activity of a Designer and/or Premium Designer on the Portal.
2. ACCESS TO PORTAL
2.1 After registration as a User, Designer or Premium Designer, GoPillar hereby grants You permission to use the Portal as set forth in these Terms and Conditions, provided that:
- You will not copy or distribute any part of the Portal or Content or Project Idea in any medium or form without CoContest Italy Srl’s prior written authorization;
- You will not alter or modify any part of the Portal other than as may be reasonably necessary to use the Portal for its intended purpose under the present Terms and Conditions;
- You will not utilize any third-party software, code or hardware to alter or modify any Part of the Portal and/or its underlying mechanisms.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 The Contents available on the Portal are owned by GoPillar, copyrighted, registered as intellectual property or otherwise licensed to GoPillar and generally protected by intellectual property rights as provided by this Article 3. Content includes registered intellectual property of CoContest Italy Srl protected under International Treaties. It may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever, without the prior written consent of CoContest Italy Srl or as expressly provided herein. CoContest Italy Srl reserves all rights not expressly granted in and to the Portal and all relevant Contents.
3.2 Project Ideas are property of their respective owners, and their intellectual property rights are managed by the Designer and/or Premium Designer who has uploaded them to the Portal; any relevant infringement shall be notified to the uploading Designer and/or Premium Designer, sending and email from firstname.lastname@example.org to the address of the Designer available on its profile.
3.3 Save for what is otherwise provided in Articles 3.1 and 3.2 above, all sections and contents of the Portal may be subject to copyright and other intellectual property rights under the Laws of Italy including D.Lgs. 633/1941 and D.Lgs. 30/2005.
3.4 Each Designer agrees to grant to GoPillar an unlimited license to freely use any text, data, photographs, renders, projects, maps, technical specifications, video, sound, messages and any other element protected by intellectual property rights, posted during the course of a contests, provided there is appropriate attribution of authorship and indication that the material is copyrighted and was posted during a GoPillar contest. It is not possible to write in contents (e.g. video) via hyperlinks that will link to any web platform that allows to identify the Designer to avoid the disqualification of the Designer. Also, it is not possible to remove any content, updated via hyperlink that will link to any web platform, once the contest is closed and the Client have decided the ranking, to avoid the disqualification of the Designer.
3.5 The User expressly undertakes not to use, copy or distribute any of the Content or Project Ideas, except as permitted in these Terms and Conditions, within the statutory limits applicable by laws. When downloading or printing a copy of the Content or Project Idea(s) for personal use, using the links prepared functions and allowed formats, the User agrees to keep all mention of subjection to intellectual property, watermarks, digital rights management system (DRM) or any digital information on the content. You agree to engage in conduct in compliance with the applicable Italian laws and regulations and/or any other applicable law/jurisdiction. Any behavior and/or action (explicitly including copying, downloading, printing, transcoding, create derivative works, etc.), that are not expressly approved by specific functions on the Portal, is to be considered as prohibited, and may be prosecuted according to law.
4. PROJECT IDEAS
4.1 Designers and Premium Designers can participate to Contests by uploading their Project Ideas in the appropriate participation slot, set up and provided for each Contest.
4.2 Project Ideas, including, but not limited to, any text, data, photographs, renders, projects, maps, technical specifications, video, sound, messages, relevant files which are adequately described and indexed or other material uploaded by Designers and/or Premium Designers as part of Project Ideas are intellectual property of the Designer or Premium Designer which posts the Project Idea and are not in any direct or indirect way endorsed by GoPillar; GoPillar makes no express or implied guarantee, to the maximum extent allowed by applicable Law, regarding the reliability, accuracy, quality or feasibility of any Project Idea on the Portal. Contents of a Project Idea remain sole and exclusive responsibility of the Designer and/or Premium Designer who has uploaded the Project Idea.
4.3 Users who obtain a Project Idea understand that GoPillar does not provide any kind of architectural solutions but is only intended as a mean to obtain general indications regarding interior design solutions (i.e. non feasible preliminary studies) which may guide the User in researching the appropriate solution on the market with the assistance, where necessary or mandatory, of a licensed professional who will verify and implement the Project Idea. It is, therefore, understood that a Project Idea – even if apparently very accurate – does and cannot constitute or represent in any way a complete design project, and cannot be regarded as an immediately enforceable architectural project, without proper help and advanced development made by professionals, licensed and skilled according to applicable laws and regulations for the country in which the User intends to fully develop and implement the Project Idea.
4.4 Users, Designers and Premium Designers understand that the service of GoPillar is not in any way meant, finalized or to be used as a tool or system to organize, negotiate or mediate for professional engagements. GoPillar will ban any account where such practices occur and will not credit any sums thereto. GoPillar provides no services that fall under the definitions of Article 1754 of the Italian Civil Code and under Legislative Decree 28/2010.
4.5 Project Ideas are entered on the Portal without any obligation for GoPillar to keep them available for any specified period of time after the relevant Contest has ended or even before and can delete them without any prior notice, if issues regarding the Project Idea in question arise. By way of example and without limitation, GoPillar may delete any Project Ideas at its complete discretion, in whole or in part, if it receives alerts/complaints/orders and/or; it deems so appropriate to protect the Portal and/or; has otherwise reason to do so.
4.6 You acknowledge that Project Ideas may be based on User-generated contents, according to the above, and, thus, the use of such type of content has to be carried out with the precautions associated with nonprofessional-quality material and non-certified designs/specifications.
4.7 If You choose to submit and upload Project Ideas on the Portal, we require that You register as a Designer and/or a Premium Designer (see Article 5 below), providing us (by way of non-exhaustive example) with a functioning e-mail account which is of Your exclusive personal use and Your personal data, as well as a valid telephone number and a profile picture that will prove Your identity and some information about Your professional experience and qualification as architect, interior Designer or engineer (B.A., B.Sc., university degree, professional order, etc.). GoPillar reserves the right to request, at any time, to the Designer and/or Premium Designer to verify the registered data in written form of the veracity of the data provided on the portal (via fax or pdf) to avoid termination of the account.
4.8 Designers and Premium Designers must ensure that the above-mentioned project contains all the minimum requirements for the participation to the contest so that the project ideas can be considered validly submitted. If the project, while properly submitted within the deadlines of the competition, does not contain all the minimum resources required, or contains resources that qualitatively differ from what described in the “Requirements” section of the Contest, the above project idea may be disqualified from the competition at the GoPillar sole discretion, eliminating any CoCredits eventually awarded by the Client. The Requirements of each Contest must be intended as “minimum”, therefore Designers and Premium Designer have in all cases the right to submit extra resources – both in terms of quantity and type – in addition to those requested from the Client in the “Requirements” section, without risking that the project idea may be disqualified from the competition.
4.9 To redeem any CoCredit which You have on Your account, as provided by Article 7, You shall be required to fill in the “payment request module” available in Your personal area and supply us with a valid PayPal account. You also have to fill out all the required fields of the Designer profile, especially, but not limited to, name and surname, date of birth, home address, valid phone number and a profile picture that depicts the person who is the holder of the Designer account and to upload a valid Identity Document that allows GoPillar to verify the accuracy of the information provided. If the Designer or Premium Designer fails to fill all the required fields, GoPillar reserves the right to hold all the CoCredits that the Designer has on his/her account, until the required fields of the profile have been properly filled out.
5. USER ACCOUNTS
5.1 In order to access all the features of the Portal, You will have to register and activate a User Account. You are not allowed to use another User’s Account, as unauthorized use constitutes infringement of the Law. When registering Your account, we require You to provide us accurate and complete information. You are solely responsible for the activity that occurs on Your account; therefore, You must keep Your account credentials secure; failure to do so will result in Your liability for any activity on Your account using Your login data. You may change Your password at any time by updating Your Account Profile page. In addition, You agree to immediately notify GoPillar of any unauthorized use of Your password or account or of any other breach of security You may experience. GoPillar will not be liable for any loss or damage arising from Your failure to comply with this Article 5, nor will it be liable for breach or unauthorized access or any other event depending by its User’s behavior. Furthermore, GoPillar may discretionally decide to terminate and/or suspend any User Account, even without prior notice, if it deems so necessary to protect its business interests and/or similar reasons and/or is ordered to do so by any competent Authority.
5.2 You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “automatic form fillers” or similar technological devices or programs, that access the Portal in such a way as to send a series of request messages to the GoPillar servers in a given period of time than a human cannot reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GoPillar grants the operators of public search engines permission to use spiders to copy materials from the Portal for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials (no Project Ideas will be made available for indexing, outside of the Portal). GoPillar reserves, in any case, full right to revoke these exceptions either generally or in specific cases, in its sole discretion.
5.3 Access to the Portal shall be allowed to two types of User accounts, which shall be granted different degrees of access privileges to the various features and functions, as follows:
- “Client”: a basic account, provided after registration to Users; Users who activate a Basic User account can (i) create Contests; (ii) vote and comment Project Ideas; (iii) submit and update certain details of the Briefs. Basic Users shall provide at registration: Complete Name; Place of Residence (International Address); Valid telephone number; Valid e-mail address, which shall be verified (a valid e-mail is an e-mail address not provided by temporary e-mail providers such as Mailinator, Mintemail, Temporaryinbox, etc. and which the User may prove is at his/her disposal since at least six months); Tax code/VAT Code (if applicable); Users that intend to use the services provided by GoPillar multiple times will be able to activate a Business account through a monthly subscription, as described in more details in the “Business” section of the Portal. It is understood that Clients who deactivate Business features before the ordinary expiration date shall not be entitled to any refund, not even pro rata.
- “Designer”: an account for supplying Project Ideas to GoPillar which can be activated by Users who have expertise and qualifications in architectural design; Basic Designer accounts can (i) activate and manage a public “portfolio” profile for other Users to browse, (ii) participate to Contests by posting Project Ideas for other Users to evaluate; (iii) receive Prizes. To activate a Designer account, Designers shall provide every detail requested to Basic Users, plus: a professional profile (experience, studies of architecture with degrees obtained, details of affiliation with a local architects’ professional association, etc.); Place of Business (International Address); Valid Phone Number; valid Identity Document. In order to convert CoCredits in cash, Designers need to have filled in all the fields provided by the designer profile, entering their personal information in an absolutely valid way, by the penalty of freezing all the available CoCredits. If the designer will not proceed to enter the correct information in the required fields after the reminder of GoPillar, we reserve the right to proceed to the deletion of the profile and the resetting of the available balance, if present.
5.4 Designers accounts can also request the activation of “Premium” features, by paying the correspondent fees detailed on the Portal. Designers who activate a “Premium” account can access additional features of the Portal and/or its services, such as, but not limited to: possibility to view the number of participants to a specific Contest and/or number of Project Ideas already submitted to a Contest, possibility to view the exact location of the property related to a Contest (where available), possibility to get privileged access to GoPillar helpline for technical issues, etc. Premium features are available at a monthly and/or yearly fee and might also include a trial period, as provided from time to time by GoPillar. For more details on the available Premium features and/or for the relevant fees, see the detailed instructions available in the dedicated area on the Portal. It is understood that Designers who deactivate Premium features before the ordinary expiration date shall not be entitled to any refund, not even pro rata.
6.1 GoPillar Basic Users can introduce specific Contests, by paying the amount better defined as at Article 6.2 below, to ask Designers and/or Premium Designers to submit Project Ideas based on a certain set of requests and problems to work on (“Brief”).
6.2 When creating a Contest, a User shall pay GoPillar a total amount which is comprised of: (i) the Prize, which is the actual amount, including of any applicable tax and/or duty, which will be paid to the Designer(s) and/or Premium Designer(s) of the selected Project Idea(s); (ii) any fees and charges imposed by GoPillar (as they exist from time to time) (hereinafter, “GoPillar Fee”) (iii) any other fee retained by GoPillar for service costs, taxes and expenses, after deduction or payment of the above amounts.
6.3 Each Brief shall be associated to a Prize which shall consist in a certain amount of CoCredits, fixed by the User who launches the Contest according to the minimum suggested Prize list available on the Portal (https://www.gopillar.com/pricing), to be attributed to the account of the Designer(s) and/or Premium Designer(s) which shall be the author(s) of the Project Idea(s) selected to better fit the Brief, respecting the unchallengeable decision of the Client.
6.4 Once prepared and uploaded to GoPillar, along with the payment of the relevant fees for starting the Contest, the Brief may be modified by the User who launched the Contest, until 48 hours from the Contest’s end.
6.5 During the Contest, participating Designers and Premium Designers shall, in any case, be allowed to use a dedicated Question and Answer (Q&A) Module to interrogate the User who launched the Contest on specific details on the Brief. All Q&A shall be public, so that all other competing Designers and/or Premium Designers can benefit from the information provided by the User. It is, however, forbidden to utilize the Q&A Module to directly contact the User who launched the Contest and exchange direct contact information. Any Designer or Premium Designer posting requests and/or his contact details on the Q&A Module shall be banned from the Contest itself and the relevant account with any credit accrued shall be terminated, without prejudice to further actions as provided by Articles 13 and 14 below. It is also prohibited to use this Question and Answer (Q&A) Module to insult or express personal and disparaging opinions regarding the User who launched the Contest or other designers that have applied to the Contest. In case the Question and Answer (Q&A) Module is used for purposes other than those allowed by these Terms and Conditions, GoPillar will reserve the right to ban (at its sole discretion) the account of the liable Designer or Premium Designer, keeping all the available credit accrued. GoPillar will also retain all rights to claim compensation for any occurred damage.
6.6 The Contest shall be time limited (from a minimum of 14 days to a maximum of 180 days); the Contest duration can in all cases be extended by the client within 48 hours from the deadline up to a maximum of 180 days in total. The client can in no case decrease the Contest duration after the activation of the Contest.
6.7 Once the time he/she set has ended, the Client can view all Project Ideas received and will have thirty (30) days to evaluate all Project Ideas and choose the five (5) project ideas he/she likes the most. The process of evaluation and selection of the winners is, as follows: the User will assign a rating to each Project Idea, all the scores given by the Client will result in a ranking visible to the User. Once the User has designed the ranking that he/she wants, he/she will only have to confirm it, to end the contest. When a User has confirmed his/her ranking, GoPillar’s software shall split the Prize between the five (5) top ranked project ideas as follows: 60% shall be attributed to the first-ranked Project Idea; 20% to the second-ranked Project Idea; 10% to the third-ranked Project Idea, 5% to the fourth-ranked project and 5% to the fifth-ranked project. If less than five Project Ideas have been submitted to the Contest, the Prize shall be split among the delivered Project Ideas as follows:
- In case the Client will only receive 4 projects, the 65% of the Prize shall be attributed to the first-ranked project; the 20% to the second-ranked project; the 10% to the third ranked project and the 5% to the fourth-ranked project.
- In case the Client will only receive 3 projects, the 70% of the Prize shall be attributed to the first-ranked project; the 20% to the second-ranked project; the 10% to the third ranked project.
- In case the Client will only receive 2 projects, the 70% of the Prize shall be attributed to the first-ranked project and the 30% to the second-ranked project.
- In case the Client will only receive 1 project, the 100% of the Prize shall be attributed to the only one project received.
If after 30 days from the end of the contest the Client has voted all the Project Ideas, but has not yet confirmed his/her ranking, the confirmation of the winning Project Ideas will be performed automatically by the software of GoPillar, by confirming the provisional ranking previously drawn up by the Client. If after 30 days from the end of a Contest the Client has not yet voted all of the participant Project Ideas, GoPillar’s software will declare the Contest as closed, and automatically split the Prize among all its participants. All the Designers and Premium Designers participating to a Contest shall receive, after the Contest has correctly been closed, a certain amount of CoPoints, which will be added to the total amount already available in his/her Account (the top-five Designers shall receive a higher number of CoPoints than all the contributing ones, since their Project Ideas were the most voted by the Client). CoPoints are conceived only for statistical purposes, to measure the amount of activity of a Designer and/or Premium Designer on the Portal; it is understood that GoPillar might periodically publish, on a dedicated area of the Portal, a ranking of its top 50 Designers and Premium Designers, based on their total CoPoints.
6.8 Should the User creating a Contest deem appropriate, for any reason, to stop the Contest in advance, or to make a claim against its results and request back the Prize, he/she will have 10 days from Contest activation to file a detailed complaint with GoPillar, sending an email to email@example.com explaining his/her reasons and providing all data regarding the matter. The decision on the complaint will be taken by GoPillar, at its sole discretion. In this case, Section 6.9 below will apply to sums deposited because of the revoked mandate. It is understood that any other action taken by the User in this situation, specifically including the removal of Brief, fundamental elements and/or data of a Contest to prevent further progress thereof, shall preclude termination of the relevant Contest; any cancelled Brief/element/data will not be automatically reinstated on the Portal. Therefore, it will determine the ineligibility to the refund, in case the Client will request it.
6.9 The User creating a Contest expressly confers GoPillar full and irrevocable mandate, as per Section 1703 of the Italian Civil Code to (i) receive as trusted depositary the sum of money which is paid by User as amount of the Prize at the beginning of the Contest, and (ii) as soon as the winners of the Contest are determined, pay in the name and on behalf of the User the Prize to the Designers and/or Premium Designers whose Project Ideas are selected at the end of the Contest with the criteria contained in these Terms and Conditions. For the avoidance of doubt, the Designers and/or Premium Designers to which the Prize is to be paid are the ones whose name is published on the Portal, in the section which refers to the relevant Contest. It is understood between the Parties that such mandate shall be subject to the precedent conditions of (i) creation of a contest as per article 6.2 above and (ii) full payment of the relevant sum by the User who creates the Contest and (iii) acceptance of the Prize by the winning Designers and/or Premium Designers.
6.10 As provided by Section 1725 of the Italian Civil Code, mandates conferred to GoPillar as per section 6.8 above, may not be revoked, once the relevant Contest is introduced by the User, unless the Contest itself is cancelled by GoPillar for any reason. If the Client has not received any Project Idea or the client is not satisfied with the received project ideas, he/she shall have the right to ask the refund of the price paid to launch the Contest.
6.11 After the winners of the Contest are selected, as per Section 6.6 above, the User may not revoke his/her mandate, unless valid proof is provided that the winning Designers and/or Premium Designers have incurred in grave violations of these Terms and Conditions. If one of the Designer is disqualified the price will not be refunded yet allocated to the following Designer on the ranking.
6.12 If no Project Idea is submitted by the participating Designers and/or Premium Designers during the time chosen by a Client for a specific Contest, the Prize will not be assigned and the CoCredits shall be redeemable by the Client.
6.13 Users may also create “Private Contests”, not publicly available to all Users on the Portal. In this case, all the Designers and/or Premium Designers willing to participate shall be requested to sign a Non-Disclosure Agreement, before they can enter the Private Contest and post their Project Ideas. Private Contests shall not be openly visible on the Portal, nor shall they be visible to search engines on the Internet. Users willing to create a Private Contest shall be requested to pay an additional fee.
6.14 Users that create a Contest commit to provide enough details (the “Brief”) to allow Designers to realize a tailored project to respond to their requests. Each Brief shall contain at least: a description of the Project(s) that the client expects to receive, an up-to-date floorplan of the space concerned by the Contest, some pictures of the current situation of the space concerned by the Contest. If the Client, for any reason, fails to upload the aforementioned details, GoPillar reserves the right to end the Contest 48 hours before the deadline set by the client and simultaneously to delete the Project(s) already uploaded by Designers, if present. The Clients that, for any reason, fail upload the minimum details required in the Brief within 48 hours from the deadline of the Contest, will automatically lose the right to request the refund of the price paid to launch the Contest.
6.15 GoPillar has a 100% Satisfaction Guarantee policy for all clients that have launched a Contest on the platform. If the client indeed has received less than five (5) Project Ideas, a refund of the total amount paid to put the Contest online will be issued. In case the Client will ask for a refund, he/she will have to take into consideration the following aspects:
- Clients may request a refund if it has not declared a winner of the competition yet, approving a final ranking. It also must carry out the refund request within five days of expiration of the Contest by sending an email to firstname.lastname@example.org. Any request received after 5 days from the above-mentioned deadline of the Contest will not be taken into consideration;
- No refund request will be taken into consideration if one of the following cases will happen (cases of ineligibility to refund):
- The Client selected a contest duration shorter than the suggested duration planned for that specific contest category;
- The Brief misses the floor plan with correct measurements, at least one recent picture of the estate, at least one picture of reference that shows the tastes of the Client and a description in English that describes the needs of the Client;
- The Client cancels any data and/or information from the Brief during the course of the Contest that can make the delivery of the project difficult or impossible for the Designers;
- The Client fails to reply to questions of the Designers within 48 hours from when the Designers asked it;
- The Client has not evaluated and voted all the projects received before submitting the refund request;
- The Client has for any reason (for example the use of a discount coupon) set a prize lower than the minimum prize planned by GoPillar.com for that specific category of contest and that specific package configuration.
7.1 All goods and services provided on the Portal shall be paid for using a system of vouchers called “CoCredits” which may be obtained at the price of 1 Euro/Dollar per CoCredit at the GoPillar store on the Portal.
7.2 CoCredits can be purchased at any time by Users and paid for by means of Credit Card, PayPal, or any other method of payment specified from time to time by GoPillar.
7.3 The minimum value of a CoCredit is 1,00 Euro. Should any CoCredit value be of less than 1,00 Euro, the amount will be rounded to the nearest Euro.
7.4 CoCredits are not, by any means, a legal currency and cannot be traded or sold to third parties. No User-to-User transaction of CoCredits will be recognized by GoPillar. Only CoCredits directly assigned to the User by GoPillar will be recognized as valid.
7.5 CoCredits are only exchangeable for goods and services provided by GoPillar on the Portal, in accordance with these Terms and Conditions and with the pricing and rules specified by GoPillar from time to time.
7.6 GoPillar might reduce the balance of CoCredits of any amount You owe to GoPillar on any whatsoever account, including compensation of GoPillar for any loss that it determines (at its sole and absolute discretion) to have suffered as a result of any breach of this Terms and Conditions by You.
7.7 Designers and/or Premium Designers may at any time convert CoCredits which they hold in their User Account to euro(s), dollar(s) or any other currency permitted by GoPillar, and request payment of those amounts, provided they have at least 1 CoCredit. Any such payments will be made via the payment method specified by GoPillar and selected by the requesting Designer, and/or Premium Designer.
7.8 All payments issued by GoPillar to a User may be reduced by any amount owing by the relevant User to GoPillar on any account whatsoever and may also be reduced by any related administration fees and charges imposed by GoPillar.
7.9 Should any payments be issued to a User in a currency other than euros they will be issued at an exchange rate determined by GoPillar in its sole discretion, based on real-time bank data. You will bear all risk in relation to any loss You may make as a result of the exchange of euros to another currency.
7.10 GoPillar may refuse to permit You to withdraw CoCredits where it considers that as at the date of withdrawal You are in breach of these Terms and Conditions.
7.11 The Clients agrees that he/she will not enter into any arrangement and/or agreement with a Designer, and/or Premium Designer to pay any amount in excess of the above mentioned fees (please see Section 6.2) for the Project Idea or to pay him/her separately outside www.gopillar.com in relation to the supply of a Project Idea, or of any services that are the subject of an invoice issued by GoPillar to him/her.
7.12 The balance of CoCredits held by You will expire 12 months from the date that You last received any CoCredits following the winning of a competition. Balances of Your GoPillar, which are not spent in the creation of contest and/or other available services within this 12-month period, are lost.
7.13 GoPillar is not a storage service and does not hold files, intellectual property, money or any form of property as a deposit, escrow or similar on behalf of any of its Users. All amounts deposited or paid to GoPillar are property of GoPillar and GoPillar may use those funds as it sees fit. The only rights that You have to receive payment of any amounts held by GoPillar are as set out in these Terms and Conditions however within 365 days of being the sum on Your account.
7.14 Any mandate as per Section 6.8 which will be still in place after 12 months since a contest has ended and no Designer and/or Premium Designer has claimed the sums, shall be considered as revoked. The relevant sums shall be therefore kept by GoPillar as additional cost of the mandate.
8. INVOICING AND TAXES
8.1 Each time a Client creates a new Contest, GoPillar will invoice him/her, as per applicable laws and regulations, on the GoPillar Fee ex Section 6.2, § (ii).
8.2 You agree that You are responsible for the collection and/or payment of all taxes which You may be liable for in any jurisdiction arising from Your Contests on www.gopillar.com. GoPillar is not responsible for collecting, reporting, paying, or remitting to You any direct/indirect taxes and/or social security charges.
8.3 The winning Designer and/or Premium Designer shall have the duty to invoice the User, as required by applicable laws and regulations, including tax and social security laws and regulation, for the sums received as Prize. GoPillar shall not be required to supply relevant information thereto and/or advise the Designer and/or Premium Designer on the matter. GoPillar will not accept liability for any error/omission/failure to comply in any manner by the Designer and/or Premium Designer to this Section 8.3.
9. USER WARRANTIES AND LIABILITY
9.1 The use of this service is entirely at Your risk and You take the full and sole liability of it.
9.2 You guarantee to GoPillar to be the exclusive owner of the Project Ideas You upload on the Portal or to have pre-emptively got the necessary authorization from the owners of the rights concerning third party works or contents inserted into the Project Ideas uploaded by You on gopillar.com.
9.3 You are therefore the sole responsible for anything uploaded on GoPillar using Your ID and/or Your password and anyway, for any behavior or action set through it on the Portal.
9.4 As registered User/Designer/Premium Designer, You commit Yourself not to publish Contents: – pornographic, obscene, or paedophiliac; – that cause in any way damage to minors; – blasphemous or offensive to the morals, ethics and to any religious belief; – with purposes against public order, that sing praises to violence or racial hate; – illegally detained or bought by the User (pirate software, unauthorized copies, etc.); – advertising or promotional in favour of subjects different from the brand object of the campaign on GoPillar to which the Content is uploaded; – tied up to the gambling, competitions, games that ask for a money participation; – protected by copyright, whether being audio, text, images or fragments of video without obtaining the previous authorization from the rights holder; – that are damaging to third parties, with particular reference to copyrights or other rights of intellectual and industrial property; – that contain virus or other software that may damage or influence the functionality of the site; – that promote or induce to illegal activity; – that contain utilizations of images fixed or on the move, of common and/or famous people, or that refer to these without their previous authorization; – that contain deceptive or comparative advertising messages as by law in force (L. 49/2005); – that violate, or induce to violate, any law or regulation.
9.5 It is particularly forbidden to use the service to cause in any way prejudice to third parties or to commit or to encourage any kind of crime.
10. CHILDREN’S PRIVACY
10.1 Protecting children’s privacy is especially important to us. It is our policy to comply with Italian laws on the matter.
10.2 GoPillar does not operate or provide services directed toward children and does not intentionally collect information from children. If You find any content on our Portal offensive or otherwise disrespectful towards minors, we ask You to contact us immediately, providing all details, so we can operate for its fast removal.
11. WARRANTIES AND LIABILITY OF PILLAR
11.1 The Portal and all related services are offered by GoPillar to the User “as is”, and “as available”, without any warranty, be it direct or indirect, of any kind on its contents and/or its functionalities. CoContest Italy Srl, therefore, does not offer any warranty on the accessibility of the Portal in any moment and/or place, nor does it offer warranties over the absence of defects and/or errors in the Portal and/or in its contents.
11.2 The registered User accepts that from the incorrect use of the Portal and of the services therein could derive grave damages to his PC.
11.3 CoContest Italy Srl shall be liable only when the User can effectively demonstrate that CoContest Italy Srl (a) adopted an intentionally harmful conduct; (b) acted in gross negligence; (c) violated any applicable provisions of law regarding responsibility over licensed products. GoPillar Inc. may be required, under existing laws and regulations, to pay damages resulting from injuries that have affected life, physical integrity or health of the User, provided it is demonstrated that these events are a direct consequence of the behavior of CoContest Italy Srl; in no case CoContest Italy Srl, shall be held liable for slight negligence acts. The above limitation of responsibility shall apply also to the mandate conferred as per Article 6.8 above.
11.4 The User accepts to indemnify, defend and protect GoPillar against each and any claim, demand, claim for damages or other losses, including reasonable attorneys’ fees, claims by any third party arising from the use of the Portal and/or by violation of these Terms and Conditions; the above provision does not apply, however, if it is ascertained that the violation has not happened due to intentional and/or negligent behavior of the User.
11.5 Pursuant to the provisions detailed above, GoPillar will not be liable for service interruptions due to: – natural catastrophes or fortuitous event; – tampering on the services or on the equipment, carried out by the User or by third party; – wrong use of the services by the User; – faulty operation of the connection devices used by the User, even when it is due to the non- observance of the laws and rules on safety, prevention, accidents and industrial injuries.
11.6 GoPillar has no obligation to oversee any contents circulated through the service, nor has it any obligation to actively seek facts or circumstances that point out the presence of illegitimate activity without an appropriate order to do so by a competent Authority; GoPillar is therefore not responsible in case of possible controversy on the legitimacy, truthfulness, correctness, quality, originality and paternity of the material published on the Portal, including, but not limited to, Project Ideas; GoPillar will take prompt action to remove the contents manifestly non-compliant with third parties rights, as soon as it receives a direct complaint, provided with all necessary data to evaluate a violation (such as: link of offending content, information about copyright violation, etc.).
11.7 If GoPillar becomes aware of the illegitimate or prejudicial feature of the Project Ideas published online by the User, it will immediately, and at its own discretion, remove the offending information and/or disable access to such data.
11.8 GoPillar, in any case, will not accept responsibility for possible violation of intellectual rights on contents by third parties, as well as for the possible loss, cancellation or alteration, momentary or definitive, of Project Ideas for any cause. Each User contributing material to the Portal does so at his/her own risk and shall face any and all consequences of such behaviors, thus indemnifying GoPillar as per article 9 above to the maximum extent permitted by applicable Law.
12. ACCEPTABLE USE POLICY – MALWARE AND CONNECTIONS TO THIRD PARTY SITES
12.1 The Portal is provided by CoContest Italy Srl to promote access to innovative Project Ideas through a competitive online system. To do so, GoPillar wants to make sure that all its Users feel safe and comfortable while using the Service. Therefore, the following guidelines should be strictly respected, when participating to the activities available through the Portal.
12.2 Although it does not routinely screen or monitor contents provided by its Users, GoPillar reserves each and every right of removing or editing inappropriate and/or abusive content, Brief, comment reported; for the above reasons, GoPillar might also suspend, disable and/or terminate a User’s access to all or part of the Portal.
12.3 The User is prohibited from using the Portal to share content that:
- Is illegal or promotes illegal activities with the intent to commit such activities;
- Contains credible threats or organizes acts of real-world violence. GoPillar does not allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm;
- Harasses others in any way. GoPillar allows technical and pertinent comments in online conversations about Contests, Briefs and topics closely related to the Portal, yet reserves each and every right to remove any abusive or otherwise inappropriate content directed to private and/or public individuals and/or organizations or otherwise offensive or inappropriate vis-à- vis the circumstances and manner of expression; in particular comments to Briefs are not to be used to express any type of claim or quarrel vis-à- vis other Users;
- Violates intellectual property, privacy, or other rights. Users are forbidden to share content that they have not the right to share, claim content that they did not create as their own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. It is advisable to always attribute materials used or quoted during a Contest and/or Brief and/or comment and/or Project Idea submission, to the original copyright owner(s);
- Spams others. It is strictly forbidden to share irrelevant or inappropriate advertising, promotional, or solicitation content;
- Otherwise violates these Terms and Conditions.
Users are also not allowed, in particular, to:
- Access or attempt to access any other User’s Account;
- Share another User’s password, let anyone access their User Account, or do anything that might put their User Account at risk;
- Impersonate or misrepresent any affiliation with any person or entity;
- Do anything that violates local, state, national or international law or breaches any of their contractual obligations or fiduciary duties;
- Reproduce, transfer, sell, resell, or otherwise misuse any content on the Portal, unless specifically authorized to do so;
- Access, tamper with, or use non-public areas of the Portal, unless specifically authorized to do so. Break or circumvent the authentication or security measures or otherwise test the vulnerability of the Portal or networks, unless specifically authorized to do so;
- Try to interfere with any User, host, or network, for example by sending a virus, overloading, spamming, or mail bombing;
- Use the services provided through the Portal to distribute malware, spyware, rootkits, viruses and other harmful content;
- Encourage any of the things on the list above, plus enact and/or encourage any other abusive behaviour not expressly listed.
12.4 It is understood by Users that GoPillar reserves each and every right to enact any countermeasure deemed appropriate to contrast abusive/illegal behavior of its Users on the Portal. Users failing to comply with the above guidelines and prescriptions may face suspension and/or deletion of their User Accounts and loss of the CoCredits contained therein. In case of grave, reiterated infractions, GoPillar also reserves each and every right to notice the competent Authorities, as well as seek compensation with any appropriate action for any relevant damage it might have suffered, directly or indirectly, due to the actions of one or more infringing Users.
12.5 GoPillar has committed itself to maintain the Portal without viruses and malware but cannot guarantee its full immunity from them. The User has therefore to adopt suitable safety measures and must use an antivirus program to avoid the loading of virus on his own software. In case of hypertext link to third sites, GoPillar does not have any responsibility for the possible illegitimate content of these, neither some obligation of control them.
13.1 The User is obliged to release any liability and to hold GoPillar, as well as its affiliates and its representatives, its agents, its employees and third parties to which GoPillar has granted rights on the uploaded materials, free from all the losses, damages, responsibilities, costs, burdens and expenses, including the possible legal expenses that might be suffered or sustained by GoPillar as a consequence of any publication and/or use of the Project Ideas uploaded by the User on the Portal, and/or of any default from the User of the obligations and warranties written in this contract and however connected to the use of the service, also in case of compensation for damages claimed by third party.
14. SERVICE SUSPENSION
14.1 GoPillar retains full right to remove, without notice, the account of the User and any content produced and published by him that violates the conditions of these Terms and Conditions.
14.2 Removal might occur also in case of content reported as abusive/unlawful/copyrighted by other Users or third parties to GoPillar. In such cases, GoPillar shall also retain all rights to compensate any damage occurred with the infringing User, as per article 13.
15. REMOVAL OF THE ACCOUNT FOR INACTIVITY
15.1 If the User does not use the services provided by GoPillar for a period of 24 months in succession, GoPillar will have the right to disable his access to the site, retaining all CoCredits not converted at the date of account removal.
16. PERSONAL DATA
17. CHANGES OF TERMS AND CONDITIONS OF USE
17.1 GoPillar retains the right to modify these terms and conditions in every moment and without any previous notice. By using the service, the User declares to completely accept the new conditions.
18. CONTRACT TERMINATION
18.1 According to article 1456 of the Italian Civil Code this Contract may be terminated with no prior notice in case of any breach of the above terms and conditions. In such case GoPillar shall not be liable of any indemnification to the User. At the same time the User shall be liable for losses, damages and other indemnifications to GoPillar, arising as a consequence of the breach.
19. CONTRACT CONSERVATION
19.1 Should one or more of the provisions of these Terms and Conditions be declared null, void, even in part, the remaining part shall maintain its validity and GoPillar will amend the Terms and Conditions adequately.
20. APPLICABLE LAW AND COMPETENT COURT
20.1 This contract is governed by the Laws of Italy.
20.2 For any disputes arising because of or under the above Terms and Conditions the Courts of Law at Rome, Italy shall have exclusive jurisdiction.
20.3 The use of Portal/services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
According to article 1341 of the Italian Civil Code, the User has read and accepts the terms contained in Articles 4, 6, 7, 8, 9, 11, 13, 14, 15, 16, 11, 12, 18, 19 and 20.