Terms and Conditions

Introduction

This document includes the conditions of use of the website and the services of Interno 18 of Barbara Di Pasquale (“Barbara Di Pasquale”). You should also consult our Privacy Policy, which sets out our information handling practices. Please find a brief not-legally-binding explanation of the Terms of Use below.

 

Conditions Agreement

It is necessary to read, understand and accept these terms of use (“Conditions”) to use the services offered by barbaradipasquale.tv. By accessing the site, you are subject to these Conditions which, together with our Privacy Policy, govern our relations with the user. It is possible to use the services only after reading and accepting the Conditions. The user agrees that Barbara Di Pasquale uses the information shared as stated in our Privacy Policy at https://barbaradipasquale.tv/.

 

Site Description

This Site is the online portfolio of Barbara Di Pasquale, who works as a professional in the field of Motion Design and beyond, and provides online courses on Motion Design tools. The Courses include – but are not limited to – explanations and exercises related to the topics presented in the courses. It is also possible to distribute educational demonstration materials, aimed at carrying out the courses. Such materials may be – but are not limited to: text, information, data, graphics, photographs, video, audio, images and illustrations.

 

Site Access

Sometimes access to this Site may not be possible, or navigation may be interrupted due to computer failures, updates, maintenance or other reasons beyond Barbara Di Pasquale’s control. Barbara Di Pasquale reserves the right to suspend or discontinue the Site or any service and to remove any content at its discretion, at any time and without notice. In addition, Barbara Di Pasquale may establish limitations on some services and functions or even restrict access to spaces or the Site and its Services in general, without notice and liability.

It is not allowed to store images, photographs, videos, audio or any elaborate created by users during the course. It is the user’s responsibility to keep copies of the personal didactic documents created.

 

Rates

Barbara Di Pasquale reserves the right to change the rates or costs of the courses offered on the Site, taking into account that the rates paid prior to such changes will remain unchanged.

 

User behavior during online courses

During online lessons, each user is required to respect the components of the virtual classroom by keeping a behavior appropriate to the circumstance. The user who leaves comments in chats, posts links or material during the lessons or in any way makes material available (or authorizes third parties to do so) through the Site during the online lessons, is solely responsible for such Content, as well as for any damage resulting from them. This applies to any type of Content (images, videos, audio, links, etc.). Barbara Di Pasquale is not responsible for the Content made available by its users during online courses and, therefore, does not guarantee its truthfulness, integrity or quality. It is necessary for the users to understand that, by accessing the Site, they are exposed to Content by other users that could be offensive, indecent or objectionable.

As a condition of use, the user undertakes not to use the online courses for purposes that are illegal or prohibited by these Conditions or for any other purpose not intended by Barbara Di Pasquale. By way of example, but not limited to it, the user agrees not to use the online courses:

  1. To abuse, harass, threaten, impersonate or intimidate any person.
  2. To post or transmit (or have it posted or transmitted) any type of defamatory, obscene, pornographic, abusive, offensive or profane Content in violation of any other right of any person.
  3. For any purpose (including the publication or display of Content) prohibited by the laws in force in the place where the Courses are delivered.
  4. To publish or transmit (or have it published or transmitted) any type of communication or solicitation with the aim or intention of obtaining passwords, accounts or private information of any user of Barbara Di Pasquale’s courses.
  5. To create or send unsolicited or spam emails to any person or URL.
  6. To use any type of bot, spider, scraper or any other automated means (except for RSS feeds) to access the Site for any purpose without written consent. Furthermore, you agree not to (i) take any action that imposes or may impose, in our discretion, an excessive or disproportionate load on our infrastructure; (ii) interfere or attempt to interfere with the proper functioning of the Site or any activity on it; or (iii) ignore the measures we use to prevent or restrict access to the Site.
  7. To advertise to, or solicit, any user the purchase or sale of products and services, or to use the information obtained from our Services to contact, advertise, solicit or sell something to another user without his explicit consent.

By sharing Content, the user declares and guarantees that:

  1. Comply with any third party licenses relating to the Software used for their learning and training.
  2. Will use the Site and its Services in accordance with Barbara Di Pasquale’s Privacy Policy, its Terms and any other legal notices on the Barbara Di Pasquale Site, as well as applicable laws and regulations (including and not limited to local laws or regulations in the Your country, state, city or other government area regarding online conduct and acceptable content, including applicable laws relating to the transmission of technical data exported from Italy or your country of residence).
  3. Does not exercise any legal rights, nor to seek, obtain or enforce any injunction or other equitable remedy against Barbara Di Pasquale, all rights to which the user expressly and irrevocably renounces by sharing their Content during lessons.

If you suspect the presence of an abuse of the Site or a violation of the Conditions, send an e-mail with all the details to: info@barbaradipasquale.tv.

Barbara Di Pasquale reserves the right to ban any user from its Services. It also reserves the right to remove any Content (including and not limited to projects, comments, messages, avatars, etc.) for reasons it deems necessary.

Without limiting any such representations or warranties, Barbara Di Pasquale has the right (although not the obligation) to (i) refuse or remove any Content that, in its discretion, is in violation of the Terms or is harmful or objectionable or (ii) cancel or prohibit Site access to persons or entities for the reasons it deems necessary.

The user is solely responsible for their interactions with other users within the Site. Barbara Di Pasquale reserves the right, but has no obligation, to monitor disputes between the user and other users.

 

Content shared during online courses

The user retains all rights and intellectual property of his own Contents. Barbara Di Pasquale does not claim any ownership rights in the User Content.

However, by showing their own Content on the Site, the user grants Barbara Di Pasquale (and course participants) the right to host, present and reproduce such Content.

Barbara Di Pasquale does not guarantee that the Contents shown on the Site cannot be illegally registered without the user’s consent. However, it is expressly forbidden by Barbara Di Pasquale to make copies/recordings of the Courses/Contents published on the Site.

 

Responsibility of visitors to this site

Barbara Di Pasquale has not examined, and cannot examine, all the material shared by users during online courses on the Site and, therefore, cannot assume responsibility for such content, the use or the effects of such material. Barbara Di Pasquale, as the site manager, neither implies nor declares to approve the shared material nor does it certify its truthfulness, usefulness or any harmful nature. Users are responsible for taking the necessary precautions to protect their computer systems from viruses, worms, Trojans and other harmful or destructive content. Barbara Di Pasquale declines all responsibility for any damage deriving from the use by visitors of the Site, or from the use by such visitors of the Software necessary for the correct use and execution of the online courses.

The user also agrees that, should he come across Content that could be offensive or upsetting, but in accordance with the Conditions, the only remedy will be to stop viewing the Content in question. Instead, if such Contents are in violation of the Conditions, the user accepts that his only remedy is to report it to us by e-mail with all the details to info@barbaradipasquale.tv

Teaching and attending courses

These Conditions, the Privacy Policy and other legal notices published by Barbara Di Pasquale are external to any agreements, disclaimers or other documents (the “Course Agreements”) that may be entered into between student and teacher within the framework of the course, including the Agreements of the course within the Site. TO THE EXTENT PERMITTED BY LAW, THE USER HEREBY EXEMPTS BARBARA DI PASQUALE FROM ANY CLAIM OR DAMAGE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR NOT DISCLOSED, RELATING TO ANY ARRANGEMENTS COURSE OR ANY OTHER TRANSACTION OR ATTEMPT TO TRANSACTION WITH ANOTHER USER OF THE SERVICE. YOU ACCEPT AND UNDERSTAND AND UNDERSTAND THAT THIS RISK ASSUMPTION AND DISCLAIMER ARE BINDING YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNERS.

The user expressly acknowledges and accepts that the use of the Site and the Courses is at his own risk and responsibility. THE COURSES (INCLUDING THEIR CONTENT) ARE “AS-IS” AND “AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR VIOLATION OF THE LAW. THE USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE COURSES AND THEIR CONTENT. BARBARA DI PASQUALE GUARANTEES THE CONDUCT OF COURSES AND TOPICS AS PER THE PROGRAM DESCRIBED IN THE RESPECTIVE COURSE PAGES, BUT: DOES NOT GUARANTEE THAT (A) THE CONTENTS OR COURSES WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF THE USER FOR EXPECTED OR REACH IN BARBARA DI PASQUALE, (B) COURSES WILL NOT BE UNINTERRUPTED, SAFE OR ERROR-FREE, DEPENDENTLY ON THE THIRD-PARTY COURSE DELIVERY PLATFORM. THE USER ASSUMES THE RISK OF PERSONAL DAMAGES, INCLUDING DEATH AND DAMAGES TO PERSONAL PROPERTY, ARISING FROM THE USE OF THE COURSES, THE CONTENTS SHOWN OF THE SOFTWARE / DELIVERY PLATFORMS USED.

Barbara Di Pasquale reserves the right (although she has no obligation) to cancel the offer of any course, at any time and for any reason.

 

Special regulation for students

The user accepts all terms and conditions, including the cancellation policy published on the Site, when booking a place in a Barbara Di Pasquale course.

All the courses offered on Barbara Di Pasquale are available only on the established dates.

The user agrees to follow all reasonable rules established for the Course by the teacher, as well as not to take actions that interfere with the performance of the teacher or with the other students of the Course.

The user agrees to attend the Courses for educational purposes only and never with the intention of copying materials or techniques for their own benefit, or to disturb a Course or the teacher’s relationship with his students.

By paying the course fee, the user has the right to access its teaching materials, made available from time to time by Barbara Di Pasquale.

As a student, when registering for a course, Barbara Di Pasquale grants the user a license to view the course through the designated third-party platform. The courses are licensed, and not sold, to the user. This license does not grant the user any right to resell the courses in any way (including the sharing of access information to the online course to third parties).

In more comprehensive legal terms, Barbara Di Pasquale grants you (as a student) a limited, non-exclusive and non-transferable license to access and view associated courses and content by virtue of paying all required fees, solely for purposes personal, non-commercial and educational through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services. Any other use is expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, retransmit, rent, share, lend, modify, adapt, edit or create derivative works, sublicense, transfer or use any course, unless it is granted to the user explicit permission with a written agreement signed by Barbara Di Pasquale.

 

Special rules for teacher

Barbara Di Pasquale assumes full responsibility for the information shared and aimed at transferring the knowledge necessary for the satisfactory completion of the courses. Barbara Di Pasquale also undertakes not to refuse the enrollment or participation of any student for any discriminatory or illegal reason.

Barbara Di Pasquale declares to be qualified to teach the courses offered on the Site and to behave professionally and in compliance with all applicable laws.

Barbara Di Pasquale agrees not to misuse students’ personal information. Misuse means using this information without the student’s consent and for purposes other than those specified in the course.

As a teacher, Barbara Di Pasquale reserves the right to remove/update the contents of her courses, without any obligation to students who have previously used and paid for such courses.

 

Course Payments and Returns Policy

Barbara Di Pasquale charges course fees through PayPal and Stripe, two of the safest and most widely used payment gateways in the world. The Site is limited to forwarding the request to the respective gateways: the security procedures, control and evaluation of the results are entirely the responsibility of the Gateway payment service providers.

Users who can no longer / intend to participate in the courses due to unforeseen causes, have the right to obtain refunds within 5 (five) days of the start date of the course for which they paid.

To enroll in a Barbara Di Pasquale course, full payment must be made.

The cost of the courses or any other part of the Service may be subject to change without notice.

 

Cancellation, Relocation and Refund for Courses

Users will receive a full refund if the course is canceled after the registration period but before the start of the course.
If the minimum number of participants (3) is not reached, those enrolled in the course will be notified of the change of dates in an appropriate and timely manner.

 

Investigations

Barbara Di Pasquale is not responsible for the Contents shown by users during the online courses.

Barbara Di Pasquale declares herself available to disclose information about the user or his navigation within the Service (a) in the cases provided for by law (subpoena, search warrant for dissemination of child pornography, with a discriminatory, blasphemous and other background ); (b) should it be necessary to protect the rights, property or safety of Barbara Di Pasquale, of our users or the audience in general.

 

Intellectual property of Barbara Di Pasquale

The trademarks, logos, teaching materials and other contents of Barbara Di Pasquale (“Barbara Di Pasquale Materials”) distributed in the Courses are protected by intellectual property rights, both of Barbara Di Pasquale and of third parties. Access to the Site does not give the user ownership of these rights. The use of the contents of the Site is prohibited unless the consent of the owner is required or is permitted by law. It is also forbidden to use the Barbara Di Pasquale trademarks and logos included in the Courses without our consent, as well as to remove, obscure or alter any text or notices included in the Barbara Di Pasquale Materials and it is forbidden to use them to build any type of database.

 

Disclaimer of Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE BARBARA DI PASQUALE SITE, SERVICES, CONTENT AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHER KIND. BARBARA DI PASQUALE GUARANTEES THE CONDUCT OF COURSES AND TOPICS AS PER THE PROGRAM DESCRIBED IN THE RESPECTIVE COURSE PAGES, BUT: DOES NOT GUARANTEE THAT (A) THE CONTENTS OR COURSES WILL MEET THE REQUIREMENTS OR EXPECTATIONS OF THE USER FOR EXPECTED OR REACH IN BARBARA DI PASQUALE, (B) COURSES WILL NOT BE UNINTERRUPTED, SAFE OR ERROR-FREE, DEPENDENTLY ON THE THIRD-PARTY COURSE DELIVERY PLATFORM. THE USER ASSUMES THE RISK OF PERSONAL DAMAGES, INCLUDING DEATH AND DAMAGES TO PERSONAL PROPERTY, ARISING FROM THE USE OF THE COURSES, THE CONTENTS SHOWN OF THE SOFTWARE / DELIVERY PLATFORMS USED.

 

Changes

Barbara Di Pasquale reserves the right to modify or replace any part of these Conditions. It is the user’s responsibility to check them periodically to check for any changes. The user’s navigation within the Site following the publication of the changes constitutes acceptance of the same. Barbara Di Pasquale may also, in the future, include new services or features. Such new services or features will be subject to the terms and conditions specified in these Terms.

 

Communications

Send your communications to Barbara Di Pasquale by e-mail: info@barbaradipasquale.tv.

Most of the communications between Barbara Di Pasquale and the user will take place electronically. The user accepts any electronic communication with Barbara Di Pasquale and will comply with the legal requirements that such communications be in writing.

 

Indemnification

The user agrees to indemnify and hold Barbara Di Pasquale harmless from any claim or request, including legal fees, due or deriving from the User Content, from the use of the Site, the Services or Barbara Di Pasquale Materials, from the violation of the Terms, or the violation of any rights of others.

 

Extra

Any right of action or complaint relating to the services must be realized within one (1) year from the time of the complaint or action, otherwise it will be excluded.

TO THE FULLEST EXTENT PERMITTED BY LAW, NO CLAIM UNDER THESE TERMS OF USE OR THE PRIVACY POLICY MAY BE COMBINED WITH ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT USER/SERVICE OR SITE. NO COLLECTIVE LEGAL ACTION WILL BE ALLOWED.

These Terms of Use, together with the Privacy Policy and other legal notices published by Barbara Di Pasquale, constitute the entire agreement between the user and Barbara Di Pasquale regarding the Services and services offered by Barbara Di Pasquale. If any of the provisions is declared invalid, this will not affect the validity of the other provisions, which will remain in force.

Barbara Di Pasquale’s inability to insist on or enforce the execution of any provision of these Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor business practice will act to modify any provision of these Terms.

Barbara Di Pasquale may assign her rights and duties under these Conditions to any party at any time without notice.

All rights of Barbara Di Pasquale not expressly granted in this document are reserved.

For all disputes concerning the interpretation and execution of this contract, the Court of Rome will have exclusive jurisdiction.

Last updated: March 3, 2021. Replaces all previous versions.