Terms and Conditions

From May 25th, 2023.
Courtesy Translation - Italian version shall prevail.

1. About us

Hello and welcome to Italian Baseball Softball Federation Honour Club.

We are a Registration Service that offers its Members, Individuals or Companies, the registration of their name or company name on Italian Baseball Softball Federation Honour Club and the issue of the related Official Token, personal and nominative, registered and certified on an encrypted ledger.

The Service is provided by Marketing Network Milano Srl, on behalf of Federazione Italiana Baseball Softball.

Profits resulting from the offer of the Public Service are entirely allocated by Federazione Italiana Baseball Softball to support its institutional activities.

2. Use of the site

Before registering to Fibs Honour Club and accessing the Registration Service, you are invited to read the Terms and Conditions.

For purely professional or personal purposes and never of a commercial nature, you have the right to download texts or other content of the site and to share them through the web or press, provided that in doing so is explicitly and clearly indicated the source.

The authorization to use the site does not however confer any exclusive right nor allow the appropriation of the materials contained therein. The material contained in the site is protected by copyright. ‘Material’ shall mean any descriptive document, photographic image or video format, scripts, software, logos, fonts, background colours of the materials themselves. In the reproduction must always be avoided confusion and/or association with other trademarks, names, signs, IP addresses, companies, organizations that may be harmful, or otherwise misleading, defamatory, disregarding the law, slanderous, incompatible or contrary to decorum and image.

It is therefore prohibited to copy, modify, upload, download, transmit, publish, or distribute to third parties the content or trademarks of the site for commercial purposes not expressly authorized.

3. Liability

The site may occasionally propose access links to sites of other institutions, organizations, companies or individuals: the Owners of the site (Italian Baseball Softball Federation and Marketing Network Milano) cannot be held responsible for their availability, their content, products and services offered nor of any damage or loss that may have occurred as a result of their use. They are not, however, responsible for the methods and purposes of collection and processing of personal data by third parties.

The Owners of the site will perform their best efforts to keep the Service running, but cannot be held responsible for any damage, loss of data, information, or other damage caused by delay, incorrect or failure to find information, restrictions or loss of access, difficulties or problems of any kind, errors, unauthorized use during access to the site and its services or other forms of interaction in the Service. The Owners of the site do not guarantee and are not responsible that:
a) the services provided through the site meet your specific requests and needs;
b) the services provided through the site are performed without interruptions, which are timely, safe and free of errors;
c) the information and results obtained from the use of the services are always accurate and reliable;
d) any defect of the site’s services management software can be eliminated.

Finally, since your acquisition of any material downloaded or otherwise obtained via the use of the site, where permitted, will be carried out at your own choice and risk, any liability for any damage to computer systems or loss of data resulting from the downloading of materials falls on you and cannot be attributed to the Owners of the site.

The Owners of the site disclaim any responsibility for any damage resulting from inaccessibility to the services of the site or any damage caused by viruses, damaged files, errors, omissions, interruptions of the Service, deletion of content, problems connected to the network, providers or telephone and/or telematic connections, unauthorized access, data alterations, failure and/or malfunction of your electronic equipment.

You acknowledge that the Owners of the site are not responsible for the untruthful information you directly sent (example: correctness of first name and last name, the e-mail address or other information of a personal nature and not) as well as information concerning you that has been provided by a third party, including fraudulently.

You are responsible for the storage and confidentiality of personal data that may have been released during the use of the services provided by the site. You undertake to promptly notify the Owners of the site, of any unauthorized use of your personal data or any other security breach of which you become aware at the e-mail address info@fibshc.com.

The site also provides access to groups and pages created on social networks.
For the purpose of, please note, that you acknowledge their exclusive responsibility for the content submitted and for the conduct undertaken in such contexts, exonerating and indemnifying the Owners of the site from any liability and any harmful effects related to actions, including legal, promoted by anyone, requests for reimbursement of any expenses and claims for compensation for any damage, direct or indirect, immediately as a result of the sending of the contents.

The Owners of the site undertake to ensure the best functionality of the system, but do not take any responsibility either towards you, or to third parties for delays, malfunction, suspension and/or interruption in the provision of the Service determined by causes not attributable to them, such as, by way of example and not exhaustive:
a) accident, catastrophic events or of majeure force;
b) fact of the third party, also supplier of the Owners of the site;
c) malfunction or non-conformity of the connection devices you have fitted or in any case of those you use;
d) tampering or intervention on services or equipment performed by you or by third parties not authorized by the Owners of the site;
e) faults and malfunctions of machines and software, both owned by the Owners of the site and its suppliers.

4. Rules of conduct

You undertake to adhere strictly to the following rules of conduct:
- do not make communications that cause damage or disruption to the network or to third-party users or that violate the laws and regulations in force;
- do not put material or communications on the network with potentially offensive content or which would damage the harmonious development of a child’s personality, to respect the principles of public order and social security and to avoid the dissemination of messages, images or other material that may incite the perpetration of crimes, the use of violence or violent acts, any form of participation or collaboration in illegal activities;
- do not disseminate anything harmful to decorum or human dignity, or which has pornographic content or is contrary to morality or which promotes prostitution or child pornography;
- do not upload material infringing copyright law or other intellectual or industrial property rights, in particular pirated software, music files, images, videos, copyrighted texts;
- do not use disrespectful language, let alone shameful terms, insults and avoid flame;
- do not enter material that is offensive or defamatory to anyone, including expressions of fanaticism, racism, hatred, irreverence or threat;
- do not send material containing personal or third-party judicial data;
- do not provide material that promotes or provides information that instructs on or otherwise relates to illegal activities or that may cause harm to third parties;
- do not upload software, information or other material containing viruses or harmful components;
- do not enter material containing gambling-related initiatives, contests, games requiring participation in return for payment;
- do not place advertising or sponsorship material, including those in return for payment;
- do not include any material or activity which, in general, violates or induces to violate any provision of law or regulation which protects even only private persons or a provision legitimately issued by the Public Authority;
- do not enter material which portrays minors without the express permission of the parent/s or legal guardian of the minor/s;
- do not include material representing third parties who have not consented to the online publication of their images;
- do not include material containing data relating to the health, political or religious opinions, racial origins or sexual habits of third parties.

In the event that you send your own material to the site, accepting these conditions of use, you declare and guarantee that you have legitimately acquired the contents and, by sending, expressly authorize the publication on-line, assuming all responsibility in relation to them; indemnifying the Owners of the site from any claim complained by any third party with respect to the aforementioned content and its use.

5. Social network

If you enter the groups and pages of social networks created by the Owners of the site, you must keep in mind that social networks are online social network services aimed at communities of subjects that share interests and activities, or who are interested in exploring the interests and activities of others. These are services that, for the most part, are managed through the Web and offer different ways of interaction between users. If you intend to participate, follow the following guidelines:
- when you enter your personal data, you lose control of it. The data can be recorded by all the contacts and members of the groups to which you have joined, reworked, disseminated, even after years. Sometimes, by agreeing to enter a social network, you grant the company that manages the service, the license to use without time limit the material inserted online (photos, chats, writings, thoughts);
- most social networking sites are located abroad, and so are their servers. In case of legal dispute or problems arising for violation of privacy, you are not always protected by Italian and European laws;
- if you decide to leave a social network site, you often are only allowed to “disable” the profile, not to “delete it”. The data, the materials that have been entered online could still be stored on the servers, in the computer archives of the company that offers the service. Read carefully what the conditions of use and the privacy guarantees offered in the contract that you accept at the time of registration;
- you need to think before entering your data online if you may not want it to be disseminated or can be used to your detriment. It is good to report any violations to the Guarantor so that it can intervene to protect the user;
- when you insert third-party's photos or “tag” them, ask yourself first if you are violating other people’s privacy. If in doubt, first request the consent of the third party;
- beware of false profiles. It is enough the photo, the name and some information about the life of a person to take possession of his identity online;
- attention to the information made available online. The date and place of birth are enough to calculate the tax code. Other information may help to track your bank or postal account or username and password.

6. Surveillance

Please note that it is the precise commitment of the Owners of the site to ensure the correct use of the interactive services made available to you in order to prevent illegal content from being placed on the network. The Owners of the site therefore reserve themselves, at their sole discretion, to the occurrence of incorrect or suspicious actions, the right to delete the submitted content or to modify it after it has been entered by you and also to prevent you from accessing at any time and for any legitimate reason, without notice, and to inform, where appropriate, the Competent Authorities if they verify the illegality of the content sent or the unlawfulness of your behaviour.

In no case may the Owners of the site be held responsible for inappropriate, offensive or indecent content and for errors or omissions, transmitted or made available through their site. The Owners of the site will not be able to review the submitted content in advance but will have the right to block or remove any type of content, at their discretion.

You agree to assume all risks inherent in the use of any type of content.

The possible violation, even if only presumed, of the present conditions of use, or the violation, even if only presumed, of rights of third parties and/or of the juridical norms in force in our legal system, will involve the suspension or interruption of the Service and, if necessary or appropriate, reporting to the Competent Authorities. In particular, the Owners of the site will inform the Competent Authorities if behaviours are found that may be considered as a crime.

The Owners of the site reserve, at their discretion, the right to:
- change these terms of use. The use of the Service after the entry into force of these changes implies full acceptance of the changes. You can check at any time the current text of the terms of use by accessing the page “Terms”;
- check and dispose of material sent to the site;
- discontinue access to the site at any time and without notice.

By accessing this site, you and the Owners of the site agree that the laws and regulations of Italy will apply to all matters relating to the use of the website.

You and the Owners of the site also agree to submit exclusively to the jurisdiction of the Court of Milan for the above-mentioned issues.

By accessing this site and using the tools provided therein, you implicitly accept the terms and conditions set forth herein.

7. Contract

7.1. Order form

The electronic order form on the “Subscribe now” page (fibshc.com/iscriviti-privati/en) reachable with the link “Continue” present on the “Subscribe” page (fibshc.com/iscriviti/en), constitutes a contractual offer and, when you fully complete, accept and send it, you formalize the request for activation of the Service.

7.2. Object of the Contract

Object of the Contract is the supply to you of the Service with the technical and economic characteristics, in the type and in the following ways:
a) the Token name you chose in the Order Forms shall be recorded in Fibs Honour Club Blue Roaster, a publicly accessible register;
b) you receive by e-mail the Official Digital Token, digital, unique and personal, registered and authenticated on an encrypted ledger, which you must share with the Subscriber;
c) you and the Subscriber can store the Official Token on smartphone and other devices and can exhibit it publicly to share the registration to the Blue Roster of Fibs Honour Club.

7.3. Completion of the Contract

The Contract is concluded on the date of the correct and timely receipt by the Owners of the site of the Order Form, after you completed and accepted in all its parts together with the payment of the fee for the Service. The sending of the Order Form implies you fully accept these terms and conditions of use. It is understood, in any case, that the use of the Service, or you receiving the Official Token, attests to the acceptance of all the terms and conditions.

You acknowledge to the Owners of the site the right to assume any additional information for the purpose of activating the Service or a specific service, in compliance with current legislation.

By sending the Order Form, you acknowledge and agree to conclude a contract whose only valid and effective version is that in Italian, while the other versions provided by the Owners of the site in any other foreign language are made available exclusively as a courtesy.

If a term, clause or provision of these terms and conditions of use is invalid or unenforceable, it shall be severable and not affect the validity or enforceability of any residual part, or any other term, clause or provision of these terms and conditions of use.

It is forbidden to finalize the Contract to the Individuals affected by:
a) final disciplinary action for injunction or disqualification for doping, sports offences and betting;
b) disciplinary action within the last ten years, subjected to rehabilitation, the WBSC, the WBSC Europe, the CONI, the FIBS or other sports federations, for a total period of more than one year;
c) administrative measures prohibiting access to sporting events (D.A.Spo.);
d) a criminal conviction which has been convicted of a criminal offence which was not committed by negligence - that is to say, a penalty has been agreed - for a period of not less than one year.

It is forbidden to finalize the Contract to the Companies whose activity falls among those below:
a) production and/or sale of weapons and explosives;
b) production of tobacco and other smoking products;
c) production and/or distribution of pornographic material;
d) provision of betting and gambling services.

If the Owners of the site become aware, even after the conclusion of the Contract, of the existence, regarding a Customer, of one of the causes of prohibition to the completion or continuation of the Contract, it will involve the suspension or interruption of the Service and, if necessary or appropriate, reporting to the Competent Authorities.

7.4. Activation and Provision of the Service

The Owners of the site proceed to the registration in the Blue Roster of Fibs Honour Club of Subscribers and to the sending of the Official Token strictly respecting the chronological order of the requests received (according to the principle “first come, first served”) provided that, they are assisted by the confirmation of payment of the agreed fee for the Service.

The Service is activated in accordance with the time required by the availability of hardware resources and, in any case, in the shortest possible time. It is understood that the terms for the activation of the Service, possibly envisaged, must be considered as merely indicative. You are obliged to perform any services at your expense for the purpose of activating the Service; any delays due to your inertia will not be attributable to the Owners of the site. In any case, you will be informed of any delays in the activation of the Service.

7.5. Duration of the Contract

The Contract governs the provision of the Service to you with effect from the date of its completion. The Contract shall last at least 365 days, equal to one year. You acknowledge and accept that at the end of the Contract for any reason due, the Parties will be automatically free from their respective obligations; you acknowledge and accept that it is your sole responsibility to obtain and maintain a copy of the data and/or information and/or contents processed through the Service, it is understood that once the Contract has been terminated or the Service has expired, such data and/or information and/or content may no longer be recoverable.

7.6. Payments

You acknowledge and accept that your credit card data, if used to pay for the Service, will be processed exclusively by the payment gateway service for web sales managed by ©Stripe.

You must pay the Service fee at the same time as sending the Order Form and in any case in advance of the activation of the same. In any case, you hereby relieve the Owners of the site of any liability arising from transactions or payments made.

You may not raise any objections of any kind if you have not previously proceeded to properly perform the payments provided for in the Contract and to provide the relevant documentation.

In the event that, for any reason, the payment of the price is not valid or you revoke or cancel it, or is not performed, confirmed or credited to the benefit of the proposing Company, the latter may suspend and/or terminate with immediate effect the activation and/or provision of the Service.

In the event that, the Customer is a Public Administration, the Owners of the site assume all the obligations of traceability of financial flows pursuant to art. 3 of Law no. 136 of 13 August 2010 and subsequent amendments and additions.

7.7. Invoicing

You will receive by e-mail the receipt of payment upon delivery of the Service. In the event that you wish to request an invoice, related to the Service, you can make a request, exclusively before the conclusion of the Contract, by e-mail to info@fibshc.com communicating all the necessary data. Billing requests submitted after the Contract has been completed, will not be taken into account by the Owners of the site.

In case of error reporting by the Owners of the site during the issuance of the electronic invoice, you are required to adjust the data reported as missing or incorrect.

The Owners of the site can therefore not be held responsible for any penalties, losses or damages arising, directly or indirectly, delays or errors in updating said data whose responsibility lies exclusively on you.

7.8. Right of withdrawal

Individuals who buy for purposes not attributable to your professional activity, i.e. do not indicate a VAT reference, have the right to withdraw from the Contract, without specifying the reason, within 14 calendar days from the date of completion of the Contract.

Individuals may exercise the right of withdrawal by sending an e-mail to info@fibshc.com containing attached the Official Token, the payment receipt at the time of delivery of the Service and in the text an explicit statement of the decision to withdraw from the contract.

The Owners of the site communicate to Individuals without delay, by e-mail to the address stated during the purchase procedure, the confirmation of receipt of the withdrawal exercised.

The Owners of the site refund, without undue delay and in any case within 14 days from the date of receipt of the request, the full amount of the fee paid for the Service without any penalty, via the same method adopted for the purchase and provide for the cancellation of the Official Token.

Individuals acknowledge and accept that they must permanently delete the Official Token from all their and Subscribers’s smartphones, devices and digital accounts.

If, however, the terms and conditions for the exercise of the right of withdrawal, as specified in this article, are not respected, Individuals will not be entitled to a refund of the sum already paid.

The right of withdrawal is excluded and, therefore, the preceding paragraphs do not apply to Contracts concluded with Business Customers with VAT, requiring invoice.

7.9. Rights and obligations

You have the right to use the Service as indicated in the Contract and acknowledge that in any case of breach or default attributable to the Owners of the site, the same do not answer for a greater amount than that paid by you for the single Service. It is expressly excluded, now for then, any other compensation or compensation to you for direct or indirect damage of any nature and species.

You also guarantee pursuant to art. 46 DPR 445/2000 and s.m.i. that the data and information transmitted for the purposes of the conclusion of the Contract are true, correct and such as to allow your identification, and undertake to communicate any changes thereof, including the address and e-mail indicated in the Order Form. The Owners of the site reserve the right to verify such data and/or information also requiring additional documents that you undertake, now for then, to transmit. If you, at the time of identification, have, also through the use of personal documents not true, concealed your real identity or falsely declared to be another subject, or in any case, acted in such a way as to compromise the identification process, you acknowledge and accept that you will be held, also criminally, responsible for false statements and/or the use of false documentation and will also be considered exclusively responsible for all damages suffered and suffered by the Owners of the site and/or third parties from inaccuracy and/or falseness of the information communicated, assuming from now on the obligation to indemnify and hold the Owners of the site harmless from any claim, action and/or request for compensation or damages that should be made by anyone against them.

You are required to check the accuracy of your data within 15 (fifteen) days from the date of activation of the Service; in the event that within this period you do not raise any objection to the correctness of your data, these will be deemed correct.

You acknowledge and accept that the registration in the Blue Roster of Fibs Honour Club involves entering your personal data in a publicly accessible register. It is understood that you are the independent Data Controller of the data entered and assume all the obligations and responsibilities related to it.

Concerning the use of the Official Token, you and the Subscriber can share and publish the Official Token on all your official accounts: Website, E-mail, WhatsApp, Telegram, Facebook, Instagram, Twitter, Pinterest, other Social Media platforms.

You acknowledge and accept that also the Owners of the site can share and publish your Official Token on all their institutional digital accounts: Website, E-mail, WhatsApp, Telegram, Facebook, Instagram, Twitter, Pinterest, other Social Media platforms.

You and the Subscriber cannot:
a) copy, modify, cut or rotate any part of the Official Token including images, colours, design or trim;
b) use the Official Token in other works such as films, images, videos or other media forms, other than those specified above;
c) use the Official Token for commercial purposes including advertising or promotion of business, products or services;
d) create merchandise with features, references or any other link to the Official Token;
e) use the Official Token for purposes related to violence, racism, gambling, slavery, exploitation, intolerance, cruelty, rape, sales, spam or any purpose that does not respect the rights of others or violates the law;
f) protect the Official Token with additional IP rights such as licenses, patents or registered trademarks;
g) use the Official Token in any way that is not required by the document “Rights Attached and Permitted Purposes”;
h) remove or obscure the creator’s signature or other information relating to the attribution of the creation and take actions that confuse the creator’s identity.

You acknowledge your exclusive responsibility for the use of the Official Token by you and by the Subscriber and you assume the obligation to indemnify and to hold the Owners of the site harmless from any claim, action and/or request for compensation or damages that should be made by anyone against them, arising from the improper use of the Service in violation of these Terms and/or any applicable law, rule or regulation, violation of rights or obligations towards third parties, negligence or wilful misconduct.

7.10. Assistance and maintenance

You may request assistance, for the Service and payments, by sending an e-mail to info@fibshc.com.

The Owners of the site will make every reasonable effort to take charge as soon as possible of the problems you communicate, consistent with the times when the assistance activity is provided. The Owners of the site may carry out interventions aimed at providing the necessary assistance to ensure the smooth functioning of the Service with variable timing due to the following criteria:
a) the type of action requested;
b) order of arrival of the request for intervention;
c) priority status of the request to intervene.

The Owners of the site undertake to ensure a level of professionalism appropriate to the performance of the required activities, according to the rule of art and in any case with the prescribed diligence and for the time strictly necessary for the provision of the requested service.

Without prejudice to the foregoing, in any case, you shall, by then, release from all liability the Owners of the site and/or the Companies controlled by it and their personnel, as well as the external Companies in charge of the intervention and their personnel, for any damages, direct or indirect, of any kind and species suffered or suffered by or as a result of these interventions.

7.11. Complaints

Any complaint regarding the provision of the Service must be sent to info@fibshc.com no later than 7 (seven) days from the moment of the event complained of. The Owners of the site will examine the complaint and provide written response within 30 (thirty) days of receipt of the complaint.

8. Applicable law and Place of Jurisdiction

The present Contract is governed by Italian law, including consumer protection laws.

Any dispute that may arise concerning the interpretation, execution, validation or effectiveness of these terms will be addressed promptly, in good faith and in a spirit of cooperation, by the legal representatives of the Parties, and only in the absence of a common understanding can be subsequently devolved to the exclusive competence of the Court of Milan.

The information contained in this website is subject to change without notice.

Copyright © 2024 I&B - Innova et Bella. All rights reserved.

Updated by Innova et Bella Legal Team on May 25th, 2023.