The present general conditions for the use of the Service (hereinafter the “General Conditions” or “TOS”) apply to the use of the contents of www.italian-traditions.com web site. All users, whether registered or not, are therefore required to carefully read the following TOS to take advantage of the services and products offered by Italian Traditions.
1. ACCEPTANCE OF TERMS
Italian Traditions offers its services to you ( the “User”) under these Terms and Conditions, which constitute a binding agreement between the User and Italian Traditions. For the purposes of the TOS, the term “Italian Traditions” refers to Italian Traditions Srl, located in Velletri Viale Regina Margherita 14. Italian Traditions reserves the right to update and change the TOS at any time, and all documents referred to by them, in the event that updates and changes are necessary in order to respond to changes in laws or regulations which may affect the provision of services or to introduce additional security measures for the Content posted by users or, more generally, to the Services. The updates will be provided to the User if Services shall undergo substantial changes in the way in which they are currently proposed. You can always find an updated version of the TOS on the page “Tos” of the site, which we invite you to consult regularly. In addition, when the User uses specific services, Italian Traditions applies in addition to the TOS, including any special conditions, rules and guidelines in place for those specific services, it being understood that in case special conditions, rules and guidelines contain provisions conflicting with the provisions of the TOS, the latter shall prevail. Italian Traditions may also offers services from time to time that are governed by different terms and conditions. In such cases, the TOS do not apply to these particular services.
The TOS are subject to the provisions of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and, in particular, Section II of the Consumer Code on distance contracts.
2. DESCRIPTION OF SERVICES
Currently Italian Traditions provides Users access via their web site, a number of online content, such as, for example, articles, reportage and more.
Italian Traditions is not a journal as the website is updated without any periodicity. It can not therefore be regarded as an editorial product under Law No. 62 of 7.03.2001.
In order to use the Services you must access the World Wide Web, either directly or through devices that allow access to web-based content, and pay all fees associated with such access, if any. In addition, it is necessary that the Members should adopt the tools to connect to the World Wide Web, including a computer, modem, and everything necessary for the connection.
3. YOUR REGISTRATION OBLIGATIONS AND CHILD PROTECTION
For the purpose of using the Services, you agree to:
a) provide the personal information requested during the registration process (“Registration Data”), ensuring that these are current, complete and accurate;
b) maintain and promptly update the Registration Data to keep it current, complete and truthful. If you provide false, inaccurate, not current or incomplete, or if Italian Traditions believes, based on its own discretion, that the above information is untrue, inaccurate, not current or incomplete, Italian Traditions will still the right to suspend, temporarily or permanently, the account in question and prevent any further use of the Services.
4. INFORMATION ON THE PROTECTION OF PERSONAL DATA
The Registration Data and any other personal data or information, directly or indirectly, for a given user, are collected and processed in accordance with Legislative Decree 30 June 2003, n. 196 (“Code regarding the protection of personal data”).
5. ACCOUNT AND PASSWORD
At the end of the registration process for the Services, you get the assignment of an account (“ID”) and a confidential password which the User is solely responsible, including in relation to the activities carried out through the their use. The User therefore undertakes to:
a) immediately notify Italian Traditions any unauthorized use of your password or account and any other breach of security of which it becomes aware, and b) exit from his account at the end of each session. Italian Traditions can not in any way be held liable for any damages arising from any breach of this Article 5. The User is aware that in order to regulate access to the Services, the personal authentication only requires verification of the ID and password used by itself. The User is therefore responsible for the safekeeping and proper use of his ID and password to access the Services, and any circumstance or damage that may arise, against Italian Traditions or third parties as a result of incorrect use, loss, theft and / or compromise the confidentiality of the ID and password used by the User. All transactions made through ID and password used by the user will be automatically attributed to the same operations conducted and the requests made, without exception. The User recognizes and acknowledges that Italian Traditions can always produce, as evidence of transactions made by User and – more generally – of the relationship with the User, even evidence derived from the systems and procedures used by Italian Traditions to regulate access to the Services.
6. MEMBER CONDUCT
The User acknowledges that all materials publicly accessible (“Content”), are the sole and exclusive responsibility of the person from which such Content originated. This means, inter alia, that the User, and not Italian Traditions, is solely and entirely responsible for all Content ( including comments, posts or other texts) uploaded, posted, for example in the spaces destined to receive the comments of the Members, sent by e-mail, or otherwise transmitted or distributed through the Services. Italian Traditions can not in any way control in advance or in real time, the content transmitted or distributed through the Services and thus does not guarantee the legality, accuracy, correctness or quality of such Content. You acknowledge and agree that when using the Services, and in spite of the strict rules imposed by Italian Traditions, you may find content that is offensive, indecent or otherwise objectionable. Under no circumstances and for no reason Italian Traditions can be held responsible for such content as well as, but not limited to, for any errors and / or omissions in any Content, or for any damages incurred as a result of the use of Content found, sent by email or otherwise transmitted or distributed through the Services. The User agrees not to use the Services to:
a) upload, post, or otherwise transmit or distribute content that is unlawful, harmful, threatening, abusive, harassing, defamatory and / or libelous, vulgar, obscene, libelous, invasive of another’s privacy, racially, ethnically or otherwise objectionable; b) harm, in any way, to minors;
c) impersonate any person or entity, for example, as a representative of Italian Traditions, forum leader, guide or host, or otherwise conceal their relationship with others;
d) forge headers or otherwise manipulate identifiers or instructions in order to disguise the origin of any Content transmitted through the Services;
e) upload, post, or otherwise transmit any Content that you do not have the right to transmit or under a provision of the law, contractual or fiduciary relationships (such as inside information, confidential information learned under an employment relationship or protected by a confidentiality agreement);
f) engage in framing the content of the Services;
g) upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other industrial property rights and / or intellectual property of third parties (“Rights”);
h) upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation is not authorized or is not required, except in those areas that may be designated for such purpose;
i) upload, post, or otherwise transmit (eg through posting links) or distribute any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or third party communications tools;
j) disrupt the normal flow of dialogue, cause the flow of the video in the speed at which other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to communicate in real time;
k) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
l) intentionally or unintentionally violate, any applicable law or regulation;
m) stalk or otherwise harass third parties;
n) collect or store personal data about other Users without their explicit consent.
The User acknowledges that Italian Traditions does not control the Content. However Italian Traditions and subjects from the same designated reserve the discretionary right – without assuming any obligation to do so – to refuse or remove any Content that is available via the Services. Except as provided above, Italian Traditions and subjects from the same designated reserve the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance he placed on the accuracy, completeness, or usefulness of such Content. To this end, the user should not rely on any Content through the Services. You acknowledge and agree that Italian Traditions has the right to store the content and disclose to third parties as follows:
a) the companies related to it, in order to provide the User Content efficiently;
b) for the purpose of properly administering your account in accordance with the standard operating procedures of Italian Traditions;
c) where required by law or if Italian Traditions believes in good faith that it is necessary to: comply with legal process, enforce the TOS, respond to claims that any Content violates the rights of third parties; protect the rights, property or safety of Italian Traditions, its users and the public. You understand, acknowledge and agree that the technical processing, transmission or distribution of the Service, including your Content, may involve:
a) the transmission or distribution of content on or through other networks, and b) the need to make changes to conform and adapt that Content to the technical specifications of the equipment or network connection.
7. SPECIAL NOTICE FOR INTERNATIONAL USE AND COMPLIANCE WITH ‘THE LAW ON EXPORTS AND IMPORTS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and content. You agree to comply with all applicable laws and regulations relating to export and import, including by way of example but not limited to the Export Administration Regulations http://www.access.gpo.gov/bis/ ear/ear_data.html and programs on the control of U.S. sanctions http://www.treasury.gov/resource-center/sanctions/ Programs/Pages/Programs.aspx.
8. PUBLIC CONTENT ON ITALIAN TRADITIONS
For the purposes of the TOS, are considered “publicly accessible areas of the Service” all those areas where access is allowed, without limitation to the generality of the people.
With respect to Content inserted by the user in the areas of services available to the public, you grant to Italian Traditions license, royalty-free, irrevocable, non-exclusive and freely sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display such Content (in whole or in part) worldwide and / or to incorporate it in other works in any form, media or technology now known or to be developed in the future.
You represent and warrant to indemnify and hold harmless Italian Traditions and the persons connected with it or controlled by it, its agents, employees and any of its partners from any liability, including reasonable attorney’s fees, that may result from Content transmitted or sent to us, use of the Services, the connection to the Services by the User, by a breach of the rules governing their use, a violation of the rights of third parties.
10. ASSIGNMENT AND COMMERCIAL USE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, perform framing, resell, and in any case not to commercially exploit the Services or any part thereof, and the use of, or access to the Services. You may not under any circumstances also transfer its obligations arising from these TOS, in whole or in part, to third parties. On the other hand, Italian Traditions reserves the unilateral right to transfer its obligations, as well as arranged and esplicate by the TOS, other companies belonging to the same Italian Traditions or affiliates without which this sale should be required to be given to the news’ User.
11. GENERAL PRACTICES REGARDING USE
The User acknowledges that Italian Traditions may establish general practices and limits concerning use of the Services, including without limitation the number of days that uploaded Content will be retained in the well as the number of times (and the maximum duration of each for which) you may access the Service in a given period of time.
The User further acknowledges and agrees that Italian Traditions can in no way be held responsible for the cancellation of incorrect or store any messages and other communications or other Content maintained or transmitted by the Service. The User acknowledges that Italian Traditions has the right to log off accounts that are inactive for an extended period of time, provided that such period shall not be less than 4 months.
12. MODIFICATIONS TO SERVICE
Italian Traditions reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. You further acknowledge and agree that Italian Traditions can not in any way be held liable to you or to any third party for any modification, suspension or discontinuance of the Services.
13. USER ID AND PW – SUSPENSION, INTERRUPTION OF SERVICES
The User acknowledges and agrees that Italian Traditions may, in its sole and absolute discretion, disable the password and account or stop using the Services, and remove or reject the deployment of a Content within the Services . By way of example, Italian Traditions may exercises such right in the event that the User fails to use the Services or believes that you have violated or acted in a manner inconsistent with or contrary to the letter or spirit of the TOS. Italian Traditions also reserves the right, in its sole discretion and at any time, to terminate or suspend the provision of the Services, without notice. User acknowledges and agrees that any suspension or termination of your access to the Services under the provisions of the TOS may be made without prior notice, and acknowledges and agrees that Italian Traditions may immediately deactivate or delete your account and all User related information and files in your account and / or bar any further access to such files or the Services. In addition, the User agrees that Italian Traditions can not be in any way liable to You or any other person for any termination of your access to the Services.
In case of cancellation of an account, Italian Traditions shall communicate by e-mail the date of the cancellation and refund the corresponding rate for not provided services. Nothing more si due to the User.
14. DEALINGS WITH ADVERTISERS
The reports, or participation in promotions of advertisers through the Services with third parties, including the delivery or payment for goods or services or any other contractual term, conditions, warranties or representations associated with such dealings or promotions, are solely between the User and the advertiser. The User therefore acknowledges and agrees that:
a) Italian Traditions can not in any way be held liable for any damage that may occur to you as a result of such business or because of the availability of such items within the Services;
b) any order made through the Services or any specifications and product availability appearing on the Services are subject to the terms and conditions and the confirmation by the retailer of the product.
The Services, other Users or third parties may provide links to other sites or other web resources. You further acknowledge and agree that Italian Traditions can in no way be held responsible for the operation of such external sites or resources. Italian Traditions can not control and is not responsible in any way for the content and advertisements published on such external sites or resources or the products or services offered or traded. You further acknowledge and agree that Italian Traditions is not responsible in any way, directly or indirectly, for any damage suffered by you in relation to the content of the sites or in relation to purchases of goods or services provided through these sites.
16. PROPERTY RIGHTS OF ITALIAN TRADITIONS
You acknowledge that the Service and any necessary software used in connection with the Service (“Software”) is protected by the laws on intellectual property and / or industrial. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by the rules of copyright, trademark, patent or other intellectual property rights and / or industrial. Except for the case in which Italian Traditions is expressly authorized by or advertisers, you agree not to change or alter in any way (either free or for a consideration) and not to distribute, or create derivative works, in whole or in part, on services or software. For the sole purpose of using the Services, Italian Traditions license grants you a personal, non-transferable and non-exclusive license to use the Software on a single computer only, any case that you may not copy, modify, create derivative works from or in any way groped to discover any source code, sell, assign, sublicense, grant or transfer to third parties any right in the Software, or permit third parties to do. You agree not to access the Service through an interface that is not provided by the Italian Traditions.
17. DISCLAIMER OF WARRANTIES BY ITALIAN TRADITIONS
You understand, acknowledge and agree expressly that: a) your use of the Services is at your sole risk. The Services have gradually provided “AS IS'” and “AS AVAILABLE” Italian Traditions and therefore assumes no liability as to their use and availability, timeliness, deletion, failure to deliver or store any communications or personalization of the User. You expressly excluded any guarantee against Italian Traditions, express and / or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose or quality of the Services. b) Italian Traditions does not warrant that (i) the Services will meet your requirements, (ii) the Services will be provided uninterrupted, timely, secure or error-free, (iii) the User’s expectations that the results obtained from the use of the Services are accurate and reliable (iv) the quality of the products, services, information or other material purchased or obtained through the Service will meet the User’s requirements, or (v) any errors in the software will be corrected.
c) Any Content downloaded or otherwise obtained from or through the Services is obtained at the sole and exclusive discretion and sole risk of the User and the User is solely and exclusively responsible for any damage to your computer system or loss of data resulting from the download of such materials or from using the Services.
d) No opinion, advice, advice or information, whether written or oral, provided to You by Italian Traditions or obtained from or through the Services, imply any warranty not expressly established under the TOS.
18. LIMITATIONS OF LIABILITY OF ITALIAN TRADITIONS
The User acknowledges and agrees that Italian Traditions shall in no event be liable for any damages of any kind or nature, including those relating to loss of profits, goodwill or business data (even if has been advised of the Italian Traditions the possibility of such damage to users), arising from: (i) the use or impossibility of use of the Services, (ii) the cost of procurement of goods and / or alternative services in relation to the goods and / or services purchased or obtained through the Services, (iii) unauthorized access to or alteration of your transmissions or data of the user, (iv) statements or conduct of any third party. Nothing provided in this Agreement shall have the effect of limiting or excluding the liability of Italian Traditions in case of damage resulting from willful misconduct or gross negligence.
20. REGISTERED TRADEMARK INFORMATION
The brand logo Italian Italian Traditions and the Traditions are proprietary marks of Italian Traditions Srl (The “Marks of Italian Traditions”). You agree not to use the Marks in any way without the prior consent Italian Traditions of Italian Traditions.
21. COPYRIGHT AND LICENSORS
Italian Traditions respects the intellectual property rights and / or industrial property of third parties and we ask our users to do the same. Anyone who feels that their own intellectual property rights and / or industrial property has been infringed through the Services, you will be able to communicate to Italian Traditions by e-mail for an amicable settlement of the dispute.
22. APPLICABLE LAW AND JURISDICTION
The TOS and the relationship between Italian Traditions and you are governed by Italian law. Any dispute concerning, arising out of or related to these TOS or your use of the Services will be ‘left to the jurisdiction of the Court of Velletri.
The TOS constitute the entire agreement between the User and Italian Traditions and govern your use of the Services, superseding any prior agreements between you and Italian Traditions. In addition, the User shall abide by any additional terms and conditions relating to the use of services or related to third-party content or rules relating to the use of software to third parties. The failure on the part of Italian Traditions of a right provided for by law or the TOS does not constitute a waiver of such right. Should one or more provisions of the TOS is declared invalid in a court, the parties agree that the court should in any case try to maintain the effectiveness of the agreements between the parties, as specified in this Agreement and the other provisions of the TOS remain full force and effect in all respects. The titles of articles are given solely for the purposes of readiness of reference and have no legal effect. The terms with capital letters used in the singular have the same meaning as when used with a capital letter in the plural and vice versa.
Please report any violations of the TOS to the e-mail address of art. 19.