TERMS AND CONDITIONS
RIGHTS AND RESPONSIBILITIES
Welcome to Cooperacy
By using this website
(the “Site”) or https://cooperacy.org (the “Link”), or its services (the “Services”)
and other supplementary websites (the “Sites”)
owned and offered by
Cooperacy, Associazione per la Ricerca Scientifica, or in English Cooperacy Research Association, together with its subsidiaries, affiliates, agents, representatives, consultants, employees, officers, directors, coordinators and parents (collectively “Cooperacy”), situated in Milan via dei Cappuccini 11, registered in the Italian Agenzia delle Entrate, you are agreeing to these legally binding Agreements (“Agreements”).
These Agreements are written in English.
To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: October 27, 2019
Before your use of the Site, please carefully read these Agreements. By using the Site, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY THESE AGREEMENTS, AND THESE AGREEMENTS WILL APPLY TO YOU AND WILL CONSTITUTE A BINDING LEGAL CONTRACT BETWEEN YOU AND COOPERACY. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE AGREEMENTS, DO NOT USE THE SITE.
Any headings and captions used in these Agreements are for reference purposes only and shall not have any effect on the interpretation of these Agreements.
Because Cooperacy provide a wide range of Services, Cooperacy may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with these Agreements, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Cooperacy participants agreed on the idea to store all the agreements in a single page, with the exceptions of non-general or specific Projects agreements, in order to avoid, for your convenience, to cycle through different separated policies, terms, restrictions or documents that would make difficult to understand the agreements between the users of the Site and its participants. We hope you would appreciate this effort and understand why this document may eventually appear to you a long one.
It is also important to understand that COOPERACY DO NOT HAVE ANY INTENTION TO MAKE PROFITS IF NOT FOR REDISTRIBUTING THEM IN THE IDEAS AND PROJECTS OF ITS PARTICIPANTS AND IN A SMALLER PORTION IN THE SITE AND SYSTEM MAINTENANCE. ANY USE OF PERSONAL DATA OR INFORMATION SHARED ON THE SITE COULD BE USED BY COOPERACY FOR THIS PURPOSE AND FOR THE FOUNDATIONS AND FUTURE GROWTH OF A SOCIAL ECOSYSTEM BASED ON REDISTRIBUTION OF WEALTH, GOVERNANCE AND ACTIVITIES THAT WOULD BE PLEASURABLE AND GENERATE MUTUAL ENJOYMENT FOR ITS PARTICIPANTS.
POLICY AND AGREEMENTS
Cooperacy, via della Moscova 39, 20121 Milano, Italy, Fiscal Code 97725540153 is the controller of the personal data related to Cooperacy products, services, websites, communications. Representative information: firstname.lastname@example.org
The list of personal data collected by Cooperacy has the following finalities:
In addition, the Cooperacy affiliate or partner providing the product or service may be a controller of personal data. It is possible to find the identity of the controller and its contact details by reviewing the terms and conditions of such a product or service or by using contact information provided in the applicable Cooperacy Sites. In matters pertaining to Cooperacy’s privacy practices you may also contact Cooperacy at email@example.com. Cooperacy may, from time to time, change this Policy or change, modify or withdraw access to this site page at any time with or without notice. However, if this Policy is changed in a material, adverse way, Cooperacy will either post, communicate or inform a notice advising of such change, for example at the beginning of this document or on the Site's home page, or update the date of last edit of this document. It is recommended to visit this document from time to time to learn of any such changes.
When you register on or use the Site, you represent and warrant that: (a) you are of sufficient legal age and have legal capacity to legally agree to the terms and conditions included in these Agreements; (b) if you register to the Site on behalf of a legal entity, you represent and warrant that you have full authority to bind such entity to these Agreements, (c) you own all right, title and interest in any information, idea, comment, feedback, suggestion, material or software program (“User Material”) posted or submitted in connection with the use of the Site or have full authority to do so on behalf of the owner of the User Material under these Agreements. You also consent to having your personal data transferred to and processed in Italy or anywhere Cooperacy may decide it is proper for its purposes.
By “Site” Cooperacy mean a website or a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Cooperacy or provide data to Cooperacy. By "use" Cooperacy mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. By “app” or ”application" Cooperacy mean any application or website that uses or accesses the Site, as well as anything else that receives or has received data from us. If you no longer access the Site but have not deleted all data from us, the term application will apply until you delete the data.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If Cooperacy fail to enforce any of this Statement, it will not be considered a waiver.
Nothing in this Statement shall prevent Cooperacy from complying with the law.
This Statement does not confer any third party beneficiary rights.
Cooperacy reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Cooperacy.
Upon your registration on the Site, you agree: (a) to provide true, accurate, current and complete information about yourself and the legal entity you act on behalf of (if any) (“Registration Data”) as prompted by the Site’s registration process; (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) not to use the name, trademark or logo of another person (or legal entity as applicable) with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you register on the Site, you will be required to create a user ID and password that will be associated with your user account. You may not: (i) select or use an identity of another person with the intent to impersonate that person; (ii) use as an identity a name, trademark or logo subject to any rights of a person other than you without appropriate authorisation; or (iii) use as an identity a name that is otherwise offensive, vulgar or obscene. Cooperacy reserve the right to refuse registration of, or to cancel, a user ID, in Cooperacy’s sole discretion and at any time. You shall be responsible for maintaining the confidentiality of your user ID and password.
Cooperacy may need to modify these Agreements from time to time. Cooperacy will notify you of changes to these Agreements through posting the amended terms on the Site before the effective date of the changes. If you do not agree with the updated Agreements, you should discontinue your use of the Site. If you continue using the Site after the updated Agreements take effect, you will be bound by the updated Agreements.
You can deactivate your account anytime by logging into your account on the Site and clicking on the account cancellation button.
Your failure to comply with the terms on the Site (including the provisions of these Agreements) will result in automatic termination of any rights granted to you under these Agreements and any other terms on the Site, without prior notice, and you must immediately cease to exploit and destroy all copies of downloaded Valued Assets in your possession, custody or control and request the same from any third parties to which you have made Valued Assets available.
Cooperacy may terminate your account or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including your breach of these Agreements. Upon deletion or suspension, all licenses and other rights granted to you in these Agreements will immediately cease. All provisions of these Agreements which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, confidentiality undertakings, warranty disclaimers, indemnity and limitations of liability.
If anyone brings a claim against Cooperacy related to your actions, content or information on Cooperacy, you will indemnify and hold Cooperacy harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although Cooperacy provide these Agreements for user conduct, Cooperacy do not control or direct users' actions on Cooperacy and are not responsible for the content or information users transmit or share on Cooperacy. Cooperacy are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Cooperacy. Cooperacy are not responsible for the conduct, whether online or offline, of any user of Cooperacy.
Nevertheless, you agree you will not: engage in any unlawful conduct on the Site; without limitation, communicate, share, post, publish, or distribute any defamatory, vulgar, pornographic, infringing or other unlawful material or information on the Site, use offensive, derogatory or inflammatory language in exchanges with other users of the Site, engage in disruptive activity on the Site, such as persistent off-topic contributions, comments, or statements, display or use the Link in a manner that alters the visual presentation of the Site, display or use the Link in a manner that causes the Site to be associated with any advertising or sponsorship not part of the Site or otherwise incorporate any of the content of the Site into a third-party website, lie to people posting information you know is false, misleading, or inaccurate, do anything deceptive or fraudulent, do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy, distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site, interfere with the proper workings of the Services, bypass any measures we’ve put in place to secure the Services, take any action that imposes an unreasonable load on Cooperacy's infrastructure, or on Cooperacy's third-party providers. (Cooperacy reserve the right to determine what’s reasonable), use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site, take apart or reverse engineer any aspect of Cooperacy in an effort to access things like source code, underlying ideas, or algorithms, display or use an inline link to any information file contained in the Site, alter, block or otherwise prevent display of any content of the Site, link to the Site through any URL other than https://cooperacy.org or mirrored site, and/or link to the Site if, to a reasonable person, the Entity Site may be obscene, defamatory, harassing, grossly offensive, or malicious to any person of any age, state or imply that Cooperacy endorse the any other entity’s products or services, state or imply that there is any relationship between any external entity and Cooperacy, without Cooperacy's prior written consent, misrepresent the nature of your relationship with Cooperacy or present false or misleading information concerning the Site or the activities performed under the Cooperacy Site and activities, avoid to use reasonable efforts to scan and remove any viruses, worms, Trojan horses or other contaminating or destructive features before submitting any User Material to the Site, attempt to gain unauthorised access to any portion of the Site, or any accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means, avoid to provide User Material and use the Site in compliance with applicable law, including export and re-export control laws and regulations, post unauthorized commercial communications (such as spam) on Cooperacy, collect users' content or information, or otherwise access Cooperacy, using automated means (such as harvesting bots, robots, spiders, or scrapers) without Cooperacy's prior permission, engage in unlawful multi-level marketing, such as a pyramid scheme, upload viruses or other malicious code, solicit login information or access an account belonging to someone else, intimidate, or harass any user, post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence, develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions, use Cooperacy to do anything unlawful, misleading, malicious, or discriminatory, do anything that could disable, overburden, or impair the proper working or appearance of Cooperacy, such as a denial of service attack or interference with page rendering or other Cooperacy functionality, facilitate or encourage any violations of this Statement or Cooperacy's policies, provide any false personal information on Cooperacy, or create an account for anyone other than yourself without permission, create more than one personal account, use your personal data or others data primarily for your own exclusive, non-shared commercial gain, or use the Site for such purposes, use Cooperacy if you are under 16 years old (you can participate together with one of your parents or relatives after a legal agreement with them), use Cooperacy if you are a convicted sex offender, share your password or other security means or informations, let anyone else access your account, or do anything else that might jeopardize the security of your account, transfer your account or Values Asset to anyone without first getting Cooperacy's written permission, post content or take any action on Cooperacy that infringes or violates someone else's rights or otherwise violates the law, use Cooperacy's copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by Cooperacy's Brand Usage Guidelines or with Cooperacy's prior written permission, post anyone's identification documents or sensitive information on Cooperacy, tag/mention users or send email invitations to non-users without their consent, modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or Cooperacy give you express written permission, transfer any of your rights or obligations under this Statement to anyone else without Cooperacy's consent.
Cooperacy can remove any content or information you post on Cooperacy if Cooperacy believe that it violates this Statement or Cooperacy's policies. If Cooperacy remove your content for infringing someone else's copyright, and you believe Cooperacy removed it by mistake, Cooperacy will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, Cooperacy will disable your account when appropriate. In case of repeated breach Cooperacy will disable your account. If Cooperacy disable your account, you will not create another one without Cooperacy's permission.
Cooperacy currently provide Cooperacy's mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
Cooperacy reserve the right, but do not undertake the obligation to monitor or review your use of the Site for violations of these Agreements. Cooperacy reserve the right, acting within Cooperacy's sole discretion, to remove your comments and contributions from the Site in the event you materially breach the Agreements.
You are solely responsible for your interaction with other users of the Site. You shall exercise common sense and your best judgment when interacting with other users, including when you submit or post User Material or any personal or other information.
Thus, if you are or represent the owner of an Intellectual Property Right and you consider that any of the materials posted by the users infringes your right, you may send a notice to us, to include the following information: precise identification of the content or material posted on the Site that you consider to infringe your Intellectual Property Rights and that you wish to be removed from the Site; relevant proof to emphasize that you are entitled to act as owner of the Intellectual Property Rights over the content/material; correct and complete information necessary for Cooperacy to contact you: name, phone number, e-mail, address; signature of the Intellectual Property owner or of the person authorized to act on behalf of the owner.
Also, Cooperacy will prohibit the access of users that usually infringe the present Agreements, being entitled to definitely close the accounts of these users. There is a repeated breach when user has been warned for minimum two times and/or the content posted was removed for minimum two times from the Site because infringing on the Site Agreements.
When you publish content or information, it means that you are allowing everyone, including people off of Cooperacy, to access and use that information, and to associate it with you (i.e., your name and profile picture). Cooperacy appreciates your feedback or other suggestions about Cooperacy, but you understand that Cooperacy may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Cooperacy respect the intellectual property rights of third parties and does claim ownership of any User Material that you post on or through the Site as an Idea proposal, only once the idea is turned into a Cooperacy Project. The ownership of all intellectual property rights to User Material posted on or through the Site remains vested with you at 50% until your ideas get funded or gain enough commitment by the users in order to be realised, and therefore become “Projects”. To be clear: all ideas, comments, propositions, blueprints, images, works of art, intellectual properties, patents, inventions et cetera used in the Ideas proposals are property of Cooperacy at 50% and, once turned into Projects, become full property of Cooperacy. Rare and special exceptions may give the ownership to Cooperacy and to the user(s) in equal shares, where Cooperacy is the owner of half of the total shares (50%). The purpose in Cooperacy is to create a cooperative ecosystem in which people are rewarded for what they do but the profits are redistributed in the whole same ecosystem. Special rewards for inventors may be introduced by the participants. Every Idea proposal and subsequent Project will state their special purposes in this respect. If the Site includes chat functionality or other mechanisms for users to communicate directly with each other or to create a private group, then Cooperacy do not guarantee that those communications or information exchanged in those groups are or will remain private. Please note that User Material shall be deemed NOT to be confidential. More specifically, Cooperacy do not automatically accept, consider as confidential or keep secret any User Material and you agree that no confidential relationship or obligation of secrecy is established between Cooperacy and you with respect to User Material. If you desire to submit any User Material to Cooperacy that you want to keep confidential and Cooperacy would like to obtain such User Material, then Cooperacy must first agree on the scope of the User Material to be considered as confidential, the time period for any confidentiality obligations, and any other mutually agreeable terms and conditions thereof. To be clear: any confidential information should have specific agreements to remain confidential, otherwise where no other agreements are established, no confidentiality will be warranted nor respected.
Unless otherwise stated in the Supplemental Terms (as defined below) or agreed separately between you and Cooperacy, by providing User Material to Cooperacy or posting it on or through the Site, you grant to Cooperacy the right (i) to store, to transmit and to publish; (ii) to use your User Material to evaluate a potential for a business relationship with Cooperacy and make necessary reproductions and copies to carry out the purposes set forth herein; and (iii) following successful evaluation and Cooperacy's decision through the voting system or other future decision making procedures established in Cooperacy (which may be made public by Cooperacy on the Site), to proceed in transforming your ideas or User Materials into a common Cooperacy Project for business and common redistributed wealth purposes. Together with the group who supported your project you will be able within the Site to decide whether you will be employed in certain role amongst the project, or to be its coordinator.
It is IMPORTANT to understand that Cooperacy strive to get to a level of full transparency, but critical and rare exceptional situations may need a special security level, considering also the possibility that Cooperacy interaction with other institutions, governmental entities or companies may involve the respect of their confidential information.
Any content on the Site, including but not limited to data, technical and/or commercial information, libraries, articles, software, roadmaps, excerpts and other materials that are made available by Cooperacy for you to read, download, access, or for other use through the Site (“Valued Assets”) are owned by Cooperacy or licensed to Cooperacy by Cooperacy's licensors and are subject to copyright and other intellectual property rights protection.
Cooperacy reserve the right to restrict access to specific Valued Assets to specific user(s) or groups of users. If you have been granted access to Valued Assets on the Site, subject to restricted access regime, typically identified as, but not limited to, “Private” (or available in a “Private Group”), “Confidential”, “Restrictive” (“Restricted Valued Assets”) you agree to (i) keep confidential and not to disclose Restricted Valued Assets to any third party; and (ii) restrict the use of Restricted Valued Assets solely for the purpose for which such assets have been made accessible to you by the owner of the Restricted Valued Assets and, if no such purpose has been defined, then for the purpose of the mutual benefit of you and the owner of the Restricted Valued Assets.
If you create or join a group of users operating under a restricted access regime on the Site, typically identified as but not limited to “Private” (“Private Group”), then you agree to (i) maintain the confidentiality of communications held within such Private Group, and (ii) restrict the use of such communications solely for the purpose for which they have been provided to you in a Private Group, and, if no such purpose has been defined, then for the purpose of the mutual benefit of members of the Private Group.
Reproduction, transfer, distribution or storage of part of or all Valued Assets and other content on the Site in any form and outside of the Site, without prior permission of Valued Assets’ owner(s), is prohibited. Cooperacy consent to you using Valued Assets, browsing the Site on your computer, and/or printing copies of extracts from the Site for your own personal use only and in any case not for commercial purposes unless otherwise agreed. Unless otherwise stated in Supplemental Terms, the use of Valued Assets and other content on the Site authorised under these Agreements shall be non-commercial in nature, and you may not sell Valued Assets, their derivatives, or other content you access on or through the Site. All other use of Valued Assets, their derivatives, and other content on the Site is prohibited.
Notwithstanding the foregoing, your use of open source software contained in Valued Assets (including but not limited to your creation of any modification, enhancement, contribution or derivative of such open source software) will be exclusively governed by attached or otherwise indicated terms, conditions, and notices in such open source software.
All content on the Site is copyrighted by Cooperacy, unless clearly stated. Any rights not expressly granted herein are reserved. Cooperacy is a copyrighted registered trademark. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Unless a specific right is explicitly granted to you, your access to any of the content on the Site or your use of the Site does not grant any license or right to use any intellectual property rights, including but not limited to marks appearing on the Site, unless otherwise explicitly stated. You must observe and follow any proprietary notices or legends contained on Valued Assets or on any materials to which you have access when using the Site. You must retain on permitted copies, all trademark, copyright and other proprietary notices contained in and on Valued Assets or other content on the Site. You may not make any press releases with regard the content or use on the Site. You further agree not to access the Site by any means other than through the interface that Cooperacy provide.
Cooperacy do not and cannot review the content (including but not limited to User Material) posted by users on the Site and Cooperacy are not responsible for such content. You are solely responsible for your conduct and any User Material that you submit, post or display on or via the Site.
For your easy accessibility, Cooperacy may include links to sites on the Internet or Intranet other than the Site. By linking to any such other site, you shall review and agree to that site's rules of use before using such site. You also agree that Cooperacy do not assume any responsibility for material downloaded, uploaded, created or published by or through such other sites. In addition, a link to such other site does not imply that Cooperacy endorse such other site or products or services referenced on such other site.
Cooperacy businesses are exposed to various risks and uncertainties; accordingly, certain statements about Cooperacy and Cooperacy's business on the Site that are not statements of historical fact are forward-looking statements, including, without limitation, those regarding Cooperacy's future business and financial performance. Forward looking statements may include the words "believe," "expect," "anticipate," "foresee," "sees," "target," "estimate," "designed," "aim", "plans," "intends," "focus," "will" or similar expressions. These statements are based on Cooperacy's best assumptions and beliefs in light of currently available information. Because they involve risks and uncertainties, actual results may differ materially from the results that Cooperacy currently expect. Cooperacy do not undertake any obligation to publicly update or revise forward-looking statements, whether as a result of new information, future events or otherwise, except to the extent legally required.
THE VALUED ASSETS AND ANY OTHER CONTENT ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COOPERACY DO NOT WARRANT THAT ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. COOPERACY RESERVE THE RIGHT TO REVISE THE SITE OR WITHDRAW ACCESS FROM IT AT ANY TIME. NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE VALUED ASSETS AND ANY OTHER CONTENT ON THE SITE. COOPERACY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTIONS ARISING OUT OF THE VALUED ASSETS OR ANY OTHER CONTENT ON THE SITE, OR THE USE OF OR INABILITY TO USE THE SITE, EVEN IF COOPERACY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IF YOU OBTAIN VALUED ASSETS, OR OTHER MATERIALS OR SERVICES FROM THE SITE, THEN YOU DO SO AT YOUR OWN DISCRETION AND RISK AND KNOWING THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU ACCORDING THE COUNTRY WHERE ANY OF THE PREVIOUS MAY APPLY. COOPERACY’S LIABILITY IS IN SUCH CASE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Cooperacy's subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) use of the User Material; (ii) your use of the Valued Assets or the Site in violation of these Agreements; or (iii) any breach of your representations and warranties set forth in these Agreements.
COOPERACY TRY TO KEEP COOPERACY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. COOPERACY IS PROVIDING COOPERACY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COOPERACY DO NOT GUARANTEE THAT COOPERACY WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT COOPERACY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. COOPERACY ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, COOPERACY’S COORDINATORS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. COOPERACY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR COOPERACY, EVEN IF COOPERACY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COOPERACY’S AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNT YOU MAY HAVE TRANSFERRED COOPERACY IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COOPERACY'S LIABILITY WILL BE LIMITED TO THE MINIMUM VALUE AND FULLEST OR MAXIMUM LIMITED EXTENT PERMITTED BY APPLICABLE LAW.
These Agreements shall be governed and construed in accordance with the laws of Italy, without regard to its conflict of law provisions AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. Cooperacy's failure to enforce any right or provision of these Agreements will not be considered a waiver of those rights. If any provision of these Agreements is held to be invalid or unenforceable by a court, the remaining provisions of these Agreements will remain in effect. These Agreements (and any applicable Supplemental Terms) constitute the entire agreement between you and Cooperacy regarding the use of the Site and its content, and supersede and prevail over any other agreements Cooperacy might have between you and Cooperacy regarding the use of the Site and its content. Any dispute, controversy or claim arising out of or relating to these Agreements, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Italian Chamber of Commerce. The seat of arbitration shall be Rome, Italy. The language of the arbitration shall be Italian. The procedural law of Italy shall apply where the rules are silent. The award shall be final and binding on the Parties. Notwithstanding the foregoing, nothing herein prevents Cooperacy from applying to the courts of any country for injunctive or other equitable relief to prevent or curtail any breach of these Agreements or for enforcement of an arbitral award.
If you have any questions about these Agreements or your account, you may contact Cooperacy by email at firstname.lastname@example.org.
These Agreements may be supplemented by additional specific Agreements (“the Supplemental Terms”) containing terms and conditions that govern the specific relationship between you and Cooperacy with respect to your obligations regarding access and use of specific Valued Assets and/or User Material. Your acceptance and agreement to be bound by the specific Supplemental Terms occurs by a process defined in each of such Supplemental Terms, which may be either by your click “I accept” or by performing a specific action foreseen by the Supplemental Terms in which case you will be informed in advance of such action on the Sites that your action will constitute your acceptance of such Supplemental Terms. These Agreements and any Supplementary Terms are in each case intended to be read and construed together in a complementary manner. In the event of any discrepancy or inconsistency between these Agreements and any Supplemental Terms, then the provisions of the Supplemental Terms shall prevail to the extent stated therein.
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Cooperacy expect all of their participants and visitors to behave responsibly and help keep Cooperacy a nice place, a nice home, a nice social ecosystem. Don’t do any of these things on the Site:
How Projects Work
The Cooperacy Platform is a platform that turns project ideas into active projects.
Project ideas represent proposals, something that can be realized.
A project is a part of Cooperacy. Being part of Cooperacy means being part of a circular and redistributive economy: all projects support one another in the wider ecosystem called Cooperacy. In legal terms, a project may be incorporated in the Cooperacy institution, or have its legally independent name but still be a Cooperacy controlled external institution with its proper legal form.
Project ideas can be funded and have a budget to be reached to be turned into projects. The budget comes from the collection fund of Cooperacy, made by the single euro contribution of its participants and any donation received.
"0 funding" ideas do not need Cooperacy’s collection fund. They may be self-sustained ideas, participants-sustained ideas, co-funded ideas or other variants, otherwise they are simply voting proposals, that is, governance ideas that may have as a result the modification of another project.
Other variants are part of the first two types of ideas.
All projects belong to Cooperacy, a not-for-profit institution. Its processes are based on two simple principles, with a large-small, or parent-children structure.
The first principle is coordinators have leadership, that is, take direct decisions over the projects’ they coordinate, but they must communicate their choices. When they do, the decision takes place.
The second is that participants have chorality.
Chorality means that if they want they can issue or modify decisions together with or independently from the coordinators, given that they have internal chorality as well. So chorality is a governance possibility represented by a social state, similar to a social equilibrium. Chorality does not mean full consensus (although it may happen), but it means that they have discussed, included and informed the minorities and integrated creatively the contrasts. For the meaning of proportional creative integration refer to our website, although substantially it means to compensate or to decisionally represent the minority or the opposition using when needed a bit of creativity and not simply just splitting the budget according to the votes.
Minorities and opposition
If at least two people are against a coordinators’ decision or a chorality-based one, they can ask for integration and the coordinators together with the other participants should create a possible compensation or creative integration of the participants’ opposing position, following the seven solutions.
“Large” or “Parent” projects include “small” or “child” projects. The largest parent of all projects is Cooperacy.
Small projects may issue ideas proposals relative to the larger ones, and need the larger project votes, like when a department proposes a change that affects the whole institution.
So the voting allowance of decisions regarding a inner project is only its participants’. When a decision affects an outer project instead, the voting should be extended.
Back to Legal
Besides this described decision making process, most of Cooperacy's Agreements explain your relationship with Cooperacy. This section is different — it explains the relationship between coordinators of ideas and voters, between them and future active projects, and who’s responsible for what. This is what you’re agreeing to when you coordinate or vote in Cooperacy.
Every idea has minimum two coordinators. They are the managers of the idea. If you want to propose the idea and not be its coordinator, just say that in the idea forum, new coordinators will arrive and you will choose. For the fact you will choose the coordinators, you will be the coordinators until you choose a new one or let people vote internally for new coordinators. Coordinators, if nothing changes the course of the process, will be coordinating the project.
Cooperacy provides a redistributive funding, an employment distribution service and a governance platform. This is because we want a social ecosystem that redistributes wealth, governance and activities. In particular, we would like you to do the activity that mostly adheres to your personality and preferences. When a coordinator posts an idea in Cooperacy, they’re inviting other people to form a contract with them. Anyone who votes a project is accepting the coordinators’ offer, and forming that contract. The contract approximately says: if you vote this idea or project, and participate this project, you want to realize and support the project, and accept that human, economic and other resources will be used the way coordinators prospected, keeping intact their two governance principles, the chorality and the 3-day change.
Cooperacy is a part of this contract — the contract is a direct internal agreement between the coordinators, the voters, and Cooperacy. Here are the terms that govern that agreement:
when a project idea receives its desired budget or hudget (required money or required human resources commitment or clients), the coordinators must complete the seven stages of the project. Once the coordinators have done so, they’ve satisfied their obligation to their ideas voters, and can turn the project idea into an active one, kick-off it and celebrate.
Throughout the process, coordinators grant their voters-participants a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, voters must understand that when they vote a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the coordinators from being able to finish the project as promised.
If the coordinators are unable to complete their project steps, that is, the voters vote against during the project milestones, the project or idea does not die: coordinators may be changed amongst the participants of the project or the participants of Cooperacy. Coordinators may also renounce to bring forward their project, with a post explaining what work has been done, how funds were used, and what prevents them from finishing the project as planned: they should demonstrate to have been working diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to voters; they’ve used funds appropriately and made every reasonable effort to complete the project as promised; they’ve been honest, and have made no material misrepresentations in their communication to voters; they leave any remaining funds to voters-participants of the projects who may decide to return the funds to the Cooperacy collection fund or continue the development of the project.
The coordinators are therefore responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of these Agreements, for example if they spent the money for their own private advantage, they may be subject to legal action by voters or Cooperacy itself.
How Funding Works
This section goes over the details of voting ideas and projects — things like how money gets collected, whether ideas can be changed or canceled, and how coordinators can fulfil their commitment.
These are the terms that apply when you’re voting a project:
You, as participant of Cooperacy, generate a collection fund with your personal subscription fee. You do not owe anything more to the coordinators. The funds requested -in case of a funded idea- is only transferred by the collection fund if the idea reaches its budget goal during the pre-allocation phase. Until the idea has reached its budget goal, no funds will be transferred, and nobody will be in charge of that sum. The money that has been collected thanks to the votes is preallocated, that is, is reserved for that idea, until the project phase starts. The project receives its funds in seven steps, called milestones, according to the voters-participants support.
More in detail, you are sending Cooperacy a monthly fee at your own risk, knowing how the platform works, having read this agreement and believing in the idea of a redistributed model that will enable people to fulfil their ideas in time and results according to how much the community likes and trusts their proposal. All of us, including you, will do our best to make our Site the best place for cooperation and mutual enjoyment, but we may fail and learn from our failures. In any case, the Cooperacy institution is not responsible, as THE WEBSITE-SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. SHOULD THE WEBSITE-PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN ORDER TO SATISFY YOUR PERSONAL PRIVATE DEMANDS OR DAMAGES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE-SOFTWARE IS WITH YOU. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE WEBSITE-SOFTWARE AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE-SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR MONETARY, ECONOMIC, FINANCIAL OR ANY OTHER KIND OF LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE WEBSITE-SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The subscription fee you send Cooperacy generates a collection fund that will be distributed to the ideas proposals of the participants according to an algorithm here presented.
Other mechanisms regulate other functions of the Cooperacy platform, like:
Cooperacy don’t offer refunds. Responsibility for completing a project idea and turning it into an active project lies mainly with the project coordinators and their participants. Cooperacy can’t guarantee coordinators’, participants, projects responsibilities and work.
Cooperacy issue no fees but the monthly subscription. That is the only fee, unless you are a donator or a trustee.
Some co-donators or trustees can change the way they use their financial tools, like cancelling bank accounts, inhibiting their credit or debit cards and similar changes, including financial disputes. Cooperacy can’t guarantee that the amount of funding your project would receive will be exactly equal to the full amount indicated in the calculations and does not offer legal or other support for disputes.
There could be delays, problems, limitations, changes of commitment by the committed people and any other problem when an idea turns into a project. Cooperacy don’t take responsibility of all that, don’t oversee projects’ performances and don’t mediate disputes between users. Our learning pages show how participants may improve how to be coordinating their diversity and be more cooperative one another, you should follow those guidelines if you want your project to succeed. You release Cooperacy from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party. You’re responsible for paying any additional fees or taxes associated with your use of Cooperacy. If you follow a link to another website, what happens there is between you and them — not us. Cooperacy may contain links to other websites. When you access third-party websites, you do so at your own risk. Cooperacy don’t control or endorse those sites. Cooperacy partners with other companies for payment processing. When you use the Site and the Services, you’re also agreeing to the payment processor’s terms of service. Cooperacy can use the content you’ve submitted. You grant to us, and others acting on Cooperacy's behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your “content” used in the ideas, projects and any other page of the site because you are part of Cooperacy if you are a member and use its Site, Services and membership facilities. Cooperacy can make changes, like editing or translating it. You grant Cooperacy the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
Cooperacy reserves these rights:
Cooperacy can make changes to the Cooperacy Site and Services without notice or liability.
If you do something on Cooperacy that winds up getting Cooperacy sued, you have to help defend us.
If you do something that gets Cooperacy sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold Cooperacy harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Cooperacy. Cooperacy reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help Cooperacy in asserting any defenses.