Specific Terms Postcards Service

Last update: 20/12/2010

1 . DESCRIPTION

The Postcards Service is absolutely free for all users.

The Postcard Service allows users (subject to registration) to realize his/her own personalized postcards by mixing personal photos provided by Users with customizable postcards provided by the Site. This allows the users to have their “alien inside” representation, as in the Series.

Whoever has an internet connection can visit the Site and visualize (ALL) the personalized postcards made by the Users.

To realize personalized postcards it's not sufficient to be a simple visitor of the Site but it is necessary to register.

To subscribe these specific terms, it's necessary to subscribe in their entirety also the General Terms of the Site.

2 . PUBLICATION OF THE POSTCARDS

The personalized postcards made by the Users will be ALL published on the Site and shown in the section Wall.

It's not possible to keep private the made postcards: if the User doesn't like this condition, HE MUST NOT USE the Postcards Service offered by this Site.
The use itself of the Service will testify the full acceptance of the terms (General Terms, Privacy Policy and these Specific Terms Postcards Service) in their entirety and of this condition in particular.

All the postcards will be equipped with the additional info of “gender” and “name” that the User will decide to indicate for the postcard. This information refers to the photos, not to Users: publishing them, Users declare to have the full authority to publish such information. The User can find some guidelines below in these terms, without the ambition to be complete: Users are always invited to use good sense in his/her use of the Postcards Service.

The User knows that, except for his/her e-mail address, birth date and password, username and all the uploaded material (texts and photos) will be published on the Site, so they'll be available to everybody: so we advise the User to upload ONLY content (texts and photos) THAT THE USER OR THE PEOPLE HE/SHE MAY ACTS FOR IS/ARE HAPPY TO SHARE WITH THE PUBLIC.

3 . INFORMATION RELATED TO POSTCARDS

Before completing the creation of a personalized postcard, it'll be requested to indicate the gender of the person portrayed  in the photo. This is necessary because the aliens of the Series are green if males and fuchsia if females. If the User doesn't want to provide this information, he/she is free NOT TO USE the Postcards Service, and also invited in that sense by the Site.

It'll be requested also to choose a “name” for the postcard. We would like to create a “community” of “aliens inside”, so, if the people portrayed in the photos (Users themselves or people they may act for, under the conditions expressed below) like the idea, we invite them to use the true name; since the Site will be indexed by search engines (for example: Google, Yahoo, …), if people portrayed in the photos like the idea of publishing a postcard on the Site (under all the terms of the Site) BUT DO NOT WANT TO BE TRACEABLE through a textual search of their true name on the internet, it is possible to specify a nickname or using the field to write a title instead.

In any case, User commits himself/herself not to publish text that may result obscene, offensive, defamatory, slanderous, illegally menacing or annoying, which invite to violence or to any kind or crime.

If that happens, the User and his/her material will be removed from the Site, beside complaint of the Judicial Authority.

4 . UPLOADED PHOTO REQUIREMENTS

Besides the requirements already expressed, User has to be the copyright owner of the photos he/she uploads or however to control the copyright in order to be able to give the licenses to the Site (see below) (just for example: he has to act under commission of the copyright owner o however under his/her express authorization).
If the User is younger than 16, he can use exclusively his/her own material and cannot act on behalf of others for what concerns copyright issues).

Users must respect also the rights of the likeness (and of names) of the people portrayed in the photos: besides respecting copyright, the User can upload ONLY photos which portray his/her own image or EXCLUSIVELY photos of relatives or acquaintances who make to him/her express request/authorization.

User commits himself/herself NOT TO UPLOAD IN ANY CASE:
a) photos of third parties without their express authorization;
b) photos of famous people (unless User is acting on their direct commission, if they want to be part of the project “Aliens Inside”, as their agents or similar role).

If User uploads photos portraying other people, proceeding on their behalf he/she assumes all responsibilities about the name indicated for the photos.

More in general, by uploading material the User declares to have the authority to do so and/or to have all the necessary authorizations to do so, in order to use the Postcards Service, under all the terms of the Site (and in particular under the Licenses the User has to give to the Site to allow it to provide the Service).

If the User acts under commission of third parties, he/she declares that these third parties know the terms and in particular they know the Licenses provided to the Site, and that these terms, and in particular the licenses are fully accepted, without the possibility of any challenges of any of the provisions in a second time (in particular about the License “Derived Works” and about the fact that it is non revocable and given in perpetuity; see below).

Any suspect infringement (of copyright, of rights of the likeness or of the name of third parties, of the behaviour in any way improper, invasive, defamatory or in any way prejudicial for the Site or for third parties...) must be signaled at copyright@aliens-inside.com with the maximum possible amount of details useful to determine the infringement.

In case anybody discovers copyright infringements, the copyright owner or a person acting under his/her commission has to send his/her manual or electronic sign; has to identify the work that he/she believes to be used without authorization; has to  identify the personalized postcard with the suspect infringement and information reasonably sufficient to allow us to individuate the material object of the report; has to give information to contact the sender, including address, phone number and e-mail address; has to declare that he/she believes that the material is used without authorization of the copyright owner, of an agent of the copyright owner or of the law; has to declare that the information provided is precise and that he/she is authorized to act on behalf of the copyright owner.

If an infringement is verified as true, the personalized postcard will be immediately removed from the Site and the User responsible for the infringement cautioned. In case of recidivist behaviour by the same User against the terms or the law, his/her account will be closed.

It's forbidden to upload photos and information against the decencies, portraying nudities, which are pornographic, obscene, offensive, defamatory, slanderous, illegally menacing or annoying or which invite to violence or to any kind of crime.

In no circumstance the Site can be held responsible for the improper use of the Service by Users who may upload content againt the principles here expressed, the subscribed terms and/or the laws of the countries of their citizenship or from where they access the Site and the Service. Users assume full responsibility about the contents (photos and texts) they upload and will be liable for the consequences of their eventual use against the terms subscribed or in any way against the law.

5 . LICENSES TO THE SITE

On the content uploaded, the User provide to the Site the following licenses.

License “Publishing a postcard on the Site”
The User provides (or guarantees, if he/she acts on behalf of third parties) to the Site a free, non-exclusive, royalty free*, sub-licensable, transferable, assegnable license to store photos and texts uploaded in order to provide the Postcard Service as it's described in these terms and in accordance with the additional information provided by the User.
This license lasts from the upload of the content to its possible update or removal of the personalized postcard.
So this license is revocable and it's sufficient to delete a postcard from the Site to revoke the license on it.

License “Derived works”
This license on the content uploaded by the User is provided ONLY in the following circumstances: on content uploaded by a User who is 16 years old or older OR when the User becomes 16 years old on his/her content at that moment present on the Site, even if uploaded before.
Just for example, and without ambition to be complete, the Site could create (or let other create) commercials, promotions, specials of the Site itself and, in a more extensive and general way, any kind of DERIVED WORKS, using also the personalized postcards (or their parts) present on the Site.
The User provides to the Site a PERPETUAL, NON REVOCABLE, free, exclusive, royalty free*, sub-licensable, transferable, assegnable license to use the personalized postcards present on the Site to use derived works (as long as their creation happens before the possible removal of the postcard itself used in the derived work).
If a postcard is removed by the User after the creation or after the diffusion/publication of a derived work which contains it (in its entirety or in part), nobody (nor the User, the copyright owner of the uploaded photo, nor the person portrayed in the photo) can claim anything to block the publication of said derived work, and in no way its return if already published, distributed or otherwise shown to the public, and nobody will own any percentages of intellectual property on the said derived work.

* About royalties, here we refer both to direct ones (which are usually agreed between the provider of services –in this case this would correspond the Site– and whom provides the content –in this case this would correspond the User–) and indirect ones, that are usually collected by collecting societies. The royalty free nature of both licenses “Publishing a postcard on the Site” and “Derived Works” IMPLIES THE RESTRICTION FOR THE USER TO PUBLISH PHOTOS that are in the libraries protected by collecting societies which imply an obliged payment of royalties for any use and/or publication. If the Site was ever requested to pay royalties of any kind, also by third parties, like collecting societies, it'll be FULL RESPONSIBILITY OF THE USER to pay the requested indemnity; by registering the User guarantees that he/she will be responsible for what and how much the Site was ever asked to pay to third parties for this or similar issues. Anyway, all this is easily avoidable, by uploading only content which is property of the User and which is not controlled by any collecting society.

Copyright on uploaded photos remains to their owners.

The copyright of the personalized postcards belongs to the Site, until the License “Publishing a postcard on the Site” is not revoked by the User.

Personalized postcards are thought to be an online experience on the Site itself. Users cannot in any way distribute commercially/publicly possible personal copies they may succeeded in realizing.

The Sites reserves the faculty to distribute, promote, advertise and exploit the Site and the personalized postcards present  on it in its own absolute discretion (as long as that respects the licenses received by Users; in particular, it remains that personalized postcards are deletable in any moment by the User who made them).

6 . UPDATE AND DELETION OF THE PERSONALIZED FROM THE SITE

The User can decide in any moment to update the information related to his/her personalized postcards or to delete them from the site.

Deleting a personalized postcard, the User perfectly knows that:

1) in this way the license “Publication of the postcards on the Site” is revoked and so his/her postcard will be immediately removed from the Site and from the Wall section;

2) the license “Derived Works” on the uploaded photos, valid only if the material is present on the site when the User is (or has become) 16 years old or older, is given IN PERPETUITY and is NON REVOCABLE, so it'll continue to be valid also after the deletion of the postcard (and also after the possible closure of the account by the User), if the postcard is deleted  by user when he is (or has become) 16 years old or older.;

3) search engines (for example: Google, Yahoo, …) will have already stored information related to the deleted postcards, so they could keep information referred to a status of the Site previous to the deletion of the postcard, so they could keep that information  for a certain period and also keep cache copies (including in the information the “name” indicated by the User); so it could be possible for the public to continue to get that information after the deletion from the Site;

4) despite the use of this Site doesn't give license to distribute, especially to the public and/or commercially, copies of the personalized postcards present on the Site, we cannot in any case guarantee and/or be held responsible that content which has been shown on the site, even if deleted at a certain point, continues to be released by third parties which may realized copies of it (just for example, and without ambition to be complete: single users, journals, televisions, …) when the content was published on the Site.

7 . CONTESTS

The Sites reserves the faculty to keep contests for the personalized postcards made by the Users (just for example: about the number of views), in its complete and absolute discretion.

Public data of the winning Users (for example, username, but, following our Privacy Policy, not the e-mail address) can be shown to communicate the victory to the public.

Methods of awarding are at discretion of the Site and, if it's necessary a communication between the Site and the User, missing to answer within the terms fixed in the General Terms will give the faculty to the Site to choose another User to award.