1) Legal form
The Twim platform is managed by the homonymous non-profit association TWIM – The World Is Mine founded with a constituent assembly of 30 January 2017 in Lugano and registered in the Commercial Register of the Canton of Ticino with ID CHE-252.856.009.
In these Terms,
User/Member: any subscriber to the Community and potential recipient of TwimAd advertising messages. Four types of users/members are identified: Person, Company, Nonprofit, Smart city.
Person: any natural person considered to be of age according to the State of belonging.
Company: private entity that carries out business activity or professional figure acting as a freelancer.
Nonprofit: any non-profit association registered regularly.
Smart city: any public sector entity aimed to the development of smart and sustainable cities and more generally any other public body.
Proponent: any user who presents a project to the community for which a funding is requested.
Advertiser: any user who purchases the Services offered by TwimAd.
Supplier: any user who acts (pro bono or under monetary agreement) to carry out operational activities aimed at the realization of a project.
Project: any idea proposed by a user to the members of the community, whose funding is requested for its realization.
Social utility: characteristic of any type of project that brings a benefit to the community in social sectors such as education, training, environmental and health protection, welfare assistance.
Hub: any public or private body competent for a territory, for which acts as a general coordinator; supervises and verifies the projects that the community has chosen to create; it is registered to the community according to its type.
3) Twim is
A platform dedicated to the realization of social utility projects financed through the revenues deriving from the TwimAd integrated advertising network and its innovative methods.
Any User can propose his own project to the community and / or vote those he prefers up to a maximum of three at the same time. Unless otherwise indicated, the community independently decides the projects to be financed and the Suppliers responsible for execution.
4) Suitability for use of services
Only users who are of legal age established by the respective national law are authorized to use the Services. Twim reserves the right to refuse the use of the Services to anyone and to refuse, cancel, interrupt, remove or suspend any Project being selected, at any time and for any reason without liability.
5) User behavior in the community
Twim’s platform condemns any manifestation of hatred, discrimination, disrespect, malice, abuse, harassment or spam activity.
All users are forbidden:
- use the Services to promote violence, lack of respect, malice, discrimination or hatred of individuals or groups, based on economic conditions, ethnic origin, physical conditions, professed religion, sexual orientation or gender identity, gender and age;
- publish sexually explicit images, videos and audio or links to sites that contain sexually explicit material;
- interfere with, limit or interrupt in any way the correct operation of the Services offered;
- circumvent any measure that Twim adopts to prevent or limit access to the Service or its misuse;
- undertake any action imposing, at the sole discretion of Twim, an unreasonable burden on Twim’s infrastructure;
- perform any form of auto-responder or “spam” on the Service;
- use software or manual or automated devices or other processes to “scan” or “spider” of any page of the Site;
- send spam and more generally any advertising material to other Users with unsolicited or unauthorized offers.
Twim reserves the right to remove Projects and to close User Accounts for such activities by terminating the use of the Services.
6) User profiles
All information related to a User Account must be accurate and truthful. Users undertake to immediately notify Twim if their User Account has been used without authorization or there has been another security breach of the same.
Each User also agrees to provide additional information that Twim can reasonably request to fulfill its mission and respond truthfully and comprehensively to any question that Twim may request in order to verify the identity of that User. A more stringent check is required for Suppliers and Hubs.
Twim will periodically give its users the opportunity to present projects asking for their funding; Projects that do not pass the first selection can be re-proposed later again.
The essential requisite of a project is its social utility.
Projects that may be patented are excluded.
Projects that consist of or are linked to illegal activities that may cause damage to people or property or are designed to defraud others are prohibited. If a Project consists of an idea that is impossible to realize, contrary to the values of Twim or that could create damage in any form, will not be published. Users must comply with all applicable laws and regulations in relation to their Projects.
When a Project is declared suitable for funding and starts its realization, the Applicants and Suppliers will give substantial and quality updates at least once a month through the community and, in any case, upon request. Otherwise, restrictive measures may be taken on the Project, such as the refusal (total or partial) of its financing, closure of the User account, as well as legal actions initiatives in the most serious cases, in order to protect all of the Users.
Proponents can not submit Projects that consist of, or are linked to illegal activities to cause damage to people or property or to defraud others. The same can not issue false or misleading statements especially in relation to the Project and its feasibility plan.
Proponents will provide data useful for their identification and availability, and will also promptly and truthfully answer all the questions posed to them by Twim or any other User.
Proposers must not: (1) include threatening, offensive, harassing, defamatory, defamatory or profane content in any Project or content that is invasive of the privacy of others; (2) impersonate any person or entity, including Twim’s employees or representatives, (3) violate any patent, trademark, trade secret, copyright, right of publicity or other rights of other persons or entities, or violate any law or contract; or (4) to issue false or misleading statements especially in relation to the Project and its feasibility plan.
Twim also prohibits any use of the platform for political purposes or for electoral campaigns.
9) TwimAd, fundraising and Advertisers
Twim intends to finance the projects selected through the revenues deriving from its TwimAd advertising network. Twim will retain a percentage of about 10% on the net, useful for the smooth functioning of the platform as a whole and the existence of the association.
Twim will take all necessary measures in order to avoid as far as possible any improper / misleading interaction of Users with ads.
Advertisers who carry out activities that are clearly illegal or are clearly connected to them, which cause damage to people or property or to defraud others, will not have access to the Services.
10) Financing and Suppliers
Of the projects selected by the community, those that obtain the necessary accessions are declared suitable for financing that can also be paid in installments. The selection of appointed Suppliers can sometimes also be taken from the relevant Hub, if any.
Suppliers will start their implementation activities to achieve the budget.
The verification of the correct execution of a project, necessary for the issuance of payments, is carried out by collaborators according to precise standards indicated in the contract stipulated with each Supplier. Twim may refuse to make any payment if no proof is given on the correct execution of the relevant amount and in the cases mentioned above.
This is a fundamental principle on which the idea of Twim is based.
All decisions are made by the community in complete autonomy, except for any limitations imposed by a local Hub is present. Twim only performs an organizational support function and if necessary takes part in the preparation of the operational plan.
Twim does not take part directly in the realization of projects, and does not favor the choice of particular companies, associations and / or bodies involved in them.
For each project, Twim requires the drafting of a report containing all the operational and economic details (feasibility study), to be integrated, if declared suitable for payment, with the progress of works, the financial statements and invoices. Twim undertakes to make this report public and easy to consult, which will be completed by including supplier invoices and related payments.
12) Websites or Third Party Services
13) Limitation of liability
TWIM – THE WORLD IS MINE (INCLUDING MEMBERS, EMPLOYEES, AGENTS, COMMERCIAL) DOES NOT WARRANT IN ANY WAY THE REALIZATION OF THE PROJECTS.
IT IS NOT RESPONSIBLE FOR THE DECLARATIONS AND PROJECTS / CONTENTS PROPOSED OR SHARED BY USERS, AS WELL AS ANY INDIRECT DAMAGES CAUSED BY THE EXCLUSION OF A USER FOR THE REASONS SET FORTH AND THE CONSEQUENT ACCOUNT CLOSING.
IT IS NOT LIABLE FOR ANY INDIRECT EVIDUAL DAMAGES THAT MAY RESULT FROM THE FAILURE TO REACH THE USEFUL BUDGET TO THE FINANCING OR FROM THE WAITING TO THE REACHING OF THE SAME.
IT IS NOT LIABLE FOR ANY MISUSE OF THE PLATFORM BY THE USERS OR FOR ANY DAMAGES WHICH MAY RESULT FROM ANY INTERRUPTION OF THE SERVICES, FOR WHICH IN ANY CASE TWIM WILL INTERVENE AS QUICK AND EFFECTIVE AS POSSIBLE.
14) License for users and use of the Twim brand
Twim grants each User a limited, non-exclusive, non-transferable and revocable license to use the Services on the basis of the suitability of that User and to comply with the Terms.
With the exception of the User Content (defined in the User Content section below), all content made available through the Twim platform, such as, but not limited to, text, graphics, logos, button icons, images, sound clips and software, are owned by Twim and protected by intellectual property laws. The TWIM trademark is a registered trademark and Users are strictly prohibited from using / registering domain names, social media accounts, user names, handles, trademarks, copyrights, apps, trade names or company names that incorporate the Twim brand.
15) User content
While using the Services, Users may post photos, videos, text, graphics, logos and other visual or audio materials (collectively, “User Content”). Users, with the exception of Advertisers, grant Twim a perpetual, non-exclusive, royalty-free, transferable, sub-licensable license worldwide to use, publicly display, publicly perform, store, reproduce, modify, create derivative works. Users continue to maintain all the owner interest on their User content. Each User declares and warrants that its User Content and our use of such User Content will not infringe the intellectual property rights, proprietary rights, privacy rights, confidentiality, advertising rights or otherwise violates these Terms or the law applicable to them.
16) Special conditions
To find the economic resources necessary for the development of the entire platform (Twim Community and TwimAd), Twim will present a crowdfunding campaign on the site deemed most appropriate.
In the pre-launch phase, it will directly select some projects considered most deserving among those proposed by companies, non-profit and smart cities that have pre-registered to the community and will publish them on the already available platform. These projects will be the first to be funded once the platform is implemented and activated.
Twim also collects the projects presented by private individuals who have already pre-registered, however these will be selected and eventually published only after having reached the financing necessary for the realization of the first projects mentioned above.
Twim is not responsible in any case for any occurred impossibility to build the platform or its correct start, with all the related consequences or for the waiting necessary to obtain the financing of the projects.
Twim – The World Is Mine
Via Gaggiolo 58