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Terms and Conditions of use

Terms and Conditions of These Terms govern the use of this Application and any other Agreement or legal relationship with the Owner in a binding manner. Capitalised expressions are defined in the relevant section of this document. The User is requested to read this document carefully. This Application is a service of: Igor Sardi, Via del Giglio 3/C, Colognole (Collesalvetti), Livorno, Italy. 57014 Owner's email address: What to know at a glance Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users. TERMS OF USE Unless otherwise specified, the terms of use of this Application set out in this section shall apply generally. Further conditions of use or access applicable in particular situations are expressly indicated in this document. By using this Application the User declares to comply with the following requirements: There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users; Content on this Application Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors. The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result. In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document. Rights over the contents of this Application The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents. The Users are not authorised to use the contents in any way that is not necessary or implicit for the correct use of the Service. In particular, but without any exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, from allowing third parties to engage in such activities through their User account or device, even without their knowledge. Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application solely for personal and non-commercial purposes and provided that the attribution of authorship of the work as well as the indication of any other relevant circumstance required by the Owner is observed. The limitations and exclusions provided for by copyright law shall remain unaffected. Access to external resources Through this Application Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability. The conditions applicable to the resources provided by third parties, including those applicable to possible concessions of rights on contents, are determined by the third parties themselves and governed by the relevant terms and conditions or, in their absence, by law. Permitted Use This Application and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law. It is your sole responsibility to ensure that your use of this Application and/or the Service does not violate the law, regulations or rights of third parties. Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censurable activity carried out through this Application or the Service to the competent authorities - p. e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing: violations of laws, regulations and/or the Terms; infringements of third parties' rights; acts that may considerably prejudice the legitimate interests of the Owner; offences against the Owner or a third party. Limitation of liability and indemnity Unless otherwise specified or agreed with Users, the Owner's liability for damages related to the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law. Indemnification The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees to the fullest extent of the law against any claim or demand - including, without limitation costs and attorneys' fees - made by any third party due to or in connection with conduct in violation of these Terms, third party rights, or the law, arising out of or in connection with your use of the Service and attributable to you, your affiliates, officers, agents, co-branders, partners, and employees, whether at fault or not. The foregoing shall also apply to any claims asserted by third parties (including, without limitation, the Owner's customers) against the Owner in connection with the Digital Products provided by the User, such as, for example, compliance claims. Limitation of liability for User's activities on this Application Unless otherwise specified and subject to applicable provisions of law, all claims for damages against the Owner (or any person or entity acting on its behalf) are excluded. The foregoing shall not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by wilful misconduct or gross negligence, provided that the User's use of this Application has been appropriate and correct. Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is only liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion. Australian Users Limitation of Liability Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right which cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, shall be limited, at our option, to the re-supply of services or payment of the cost of re-supplying them. US Users Disclaimer of Warranty The Owner provides this Application "as is" and as available. Use of the Service is at the User's own risk. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, covenants and warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by you from the Owner or through the Service shall create any warranty not expressly set forth herein Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers, and employees do not warrant that the content will be accurate, reliable, or correct; that the Service will be available, uninterrupted or secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such download or use of the Service by you. The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any hyperlinked website or service. Furthermore, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services. The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation or use of the Service. Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law. Limitation of Liability To the fullest extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers, and employees be liable for any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of or inability to use the Service;
   any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or your account or the information contained therein; any errors, omissions or inaccuracies in the content; personal injury or property damage of any kind arising out of your access to or use of the Service; any unauthorised access to the Controller's security servers and/or any personal information stored therein any interruption or cessation of transmissions to or from the Service any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or the defamatory, offensive or illegal conduct of any User or any third party. In no event shall Owner and its subordinates, affiliates, officers, agents, brand joint owners, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by User to Owner during the preceding 12 months, or for the term of this Agreement between Owner and User, whichever is shorter. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the User has been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights and You may have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms do not apply beyond the limits provided by applicable law. Indemnification You agree to defend, indemnify, and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens, or debts and expenses, including, without limitation, legal fees and expenses, arising out of Your use of or access to the Service, including any data or content transmitted or received by You; your violation of these Terms, including, without limitation, any breach by you of any representation or warranty set forth in these Terms; your violation of any rights of any third party, including, but not limited to, any rights relating to privacy or intellectual property User's violation of any applicable law, rule or regulation any content posted by User's account, including, but not limited to, misleading, false or inaccurate information and including when accessed by a third party using User's personal username and password or other security measures, if any; User's willful misconduct or the violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law Common Provisions No implied waiver The failure of the Owner to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right. Interruption of the Service In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for the purposes of maintenance, system updates or any other change, giving Users adequate notice thereof. Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of termination of the Service's operation, the Owner shall endeavour to ensure that Users are able to retrieve their Personal Data and information and shall respect Users' rights to continued use of the product and/or compensation, in accordance with the provisions of the law. In addition, the Service may be unavailable due to causes beyond the reasonable control of the Owner, such as force majeure (e.g. infrastructural malfunctions, blackouts, etc.). Resale of the Service Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale programme. Privacy policy Information on the processing of Personal Data is contained in the privacy policy of this Application. Intellectual property Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property. All trademarks - whether word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property. Changes to the Terms The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users. The changes will take effect in the relationship with the User only from the time communicated to the User. Continued use of the Service implies the User's acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service and may terminate the Agreement. The previous version continues to govern the relationship until the User accepts the changes. Such version may be requested from the Owner. If required by law, the Owner will notify Users in advance of the effective date of the amended Terms. Assignment of contract Holder reserves the right to transfer, assign, dispose of, novate or contract out any or all rights and obligations under these Terms, having regard to the legitimate interests of Users. The provisions relating to the amendment of these Terms shall apply. Users are not authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner. Contact All communications relating to the use of this Application should be sent to the contact details indicated in this document. Severability clause Should any provision of these Terms be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not cause the remaining provisions to be invalid or unenforceable and the remaining provisions shall remain valid and enforceable. US Users Any invalid or ineffective provision shall be construed and adapted to the extent necessary to make it valid, effective and in accordance with its original purpose. These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof. These Terms shall be enforced to the fullest extent permitted by law. Should any provision of these Terms be or become void, invalid or ineffective, the parties shall endeavour to agree amicably upon a valid and effective provision to replace the void, invalid or ineffective provision. In the event of failure to agree within the aforementioned time limits, if permitted or provided for by the applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal provision. Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of any specific provision of these Terms shall not render the entire Agreement null and void, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the Agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on either party. Applicable law The Terms shall be governed by the law of the place where the Holder is established, as indicated in the relevant section of this document regardless of conflict of law rules. Prevalence of national law However, notwithstanding the foregoing, if the law of the country where the User is located provides for a higher level of consumer protection, such higher level of protection shall prevail. Exception for Consumers in Switzerland If the User acts as a Consumer in Switzerland, Swiss law shall apply. Exceção para Consumidores no Brasil Se o Usuário se qualificar como um Consumidor Brasileiro e o produto e/ou serviço for comercializado no Brasil, será aplicada a legislação brasileira. Jurisdiction The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall be the court of the place where the Owner is established, as indicated in the relevant section of this document. Exception for Consumers in Europe The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland. Exceção para Consumidores no Brasil O acima não se aplica a Usuários no Brasil que se qualifiquem como Consumidores. Definitions and legal references This Application (or this Application) The facility that enables the provision of the Service. Agreement Any legally binding or contractual relationship between the Owner and the User governed by the Terms. Brazilian (or Brazil) Applies when the User, regardless of nationality, is located in Brazil. Commercial User Any User that does not meet the definition of Consumer. Digital Product It is a Product that consists of: content produced and provided in digital format; and/or a service that allows the creation, transformation, storage or access of data in digital format, or sharing or any other interaction with data in digital format uploaded or created by the User and any other User of this Application. European (or Europe) Applies when the User, regardless of nationality, is located in the European Union. Owner (or Us) Means the natural or legal person who provides this Application and/or offers the Service to Users. Service The service offered through this Application as described in the Terms and on this Application. Terms All the terms and conditions applicable to the use of this Application and/or the provision of the Service as described in this document and in any other related document or agreement, in its most current version respectively. User (or You) Means any natural person who uses this Application. Consumer Means any User considered as such under applicable law. Last modified: 14 March 2024


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