The Websites are exclusively for personal use. It is prohibited to use the Websites for commercial purposes or in any way that is unlawful or harmful to us or any persons or entities, as established at our exclusive discretion.
All information, materials, features and other contents and applications (including the Submitted Material as defined in Section 3 entitled “SUBMITTED MATERIAL” (“Contents”) present on the Websites are our property, subject to copyright, or the property subject to copyright of our licensors and licensees. All commercial trademarks, service marks, trade names and Trade Dress (an aspect that distinguishes the product) are our property and/or the property of our licensors and licensees.
We are entitled to modify the Websites or to delete their Contents or features in any way, for any purpose or without reason.
Except where specifically agreed by us in writing, none of the Contents of the Websites may be used other than as part of the Website itself; they may not be transmitted, disseminated or otherwise used in any way. However, if a Website is configured to allow the download of particular Contents, you may download a copy of those Contents onto a single computer or mobile device (as applicable), for your exclusive personal and private use and not for commercial purposes, on the condition that you (a) do not alter all notices relating to copyright and the other proprietary notices, (b) do not alter and do not grant on rental, hire or loan; do not sell, distribute or disseminate; do not copy (except to reproduce a single copy of the Contents for personal back-up purposes); and do not create any work based upon, in whole or in part, a Website or its Contents; and (c) do not use the Contents in a manner which suggests an association with some of our products, services or trademarks. The commercial use, “re-mailing” or automated use and at high volume of the Websites or the transfer of their Contents to another computer or mobile device is prohibited.
Where we offer the download of software from a Website and you download that software, the latter, including all files, images incorporated in it or generated by it and data that accompanies it (jointly, the “Software”) is granted to you on licence by us and by third party licensors exclusively for your personal and private purposes. Ownership of the Software is not transferred to you. Except where permitted by applicable regulations, you are not permitted to distribute or to use the Software in any other way.
You acknowledge and accept that nothing within these terms will produce the transfer, in part or in whole, to you or to third parties, of the ownership of commercial trademarks, service marks, trade names or other property rights to the Websites or their Contents. You undertake not to act in any way that adversely affects that property or in a manner that may compromise it.
There are two types of Submitted Material: Solicited Submissions and Unsolicited Submissions. “Solicited Submission” means the Material (a) that we expressly request of you or that we allow you to provide to us through a function or activity on a Website so that we can review or display it, with a possible specifically defined consideration or fee (jointly, “Consideration”) (such as prizes or other values in games, prize competitions, contests and promotions); and (b) disseminated by you on or via the Websites in exchange for a consideration (such as in our Services for Visitors and Public Forums (as defined in Section 5 below), entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submission” means all and any Submitted Material that does not fall within the description in paragraphs (a) or (b) of this paragraph.
Our longstanding company policy does not allow us to accept or consider any unsolicited creative ideas, suggestions or materials; therefore, we ask you not to disseminate on or via our Websites any Unsolicited Submissions. We hope you understand that this policy is aimed at preventing the possibility of future misunderstandings, in the event that designs developed or directed by us may seem, to the eyes of others, similar to their creations.
If, notwithstanding the above request, you intentionally or accidentally send to us Unsolicited Submissions, on or via the Websites, you do so in awareness of the fact that there is no agreement between us relating to any consideration or review of your Unsolicited Submission, or any type of fee or consideration. Rather, you agree that you submit your Material not on the basis of a confidential or fiduciary relationship, and you also accept that you and we do not wish to imply or create any confidential or fiduciary relationship, and that you do not expect any review, fee or consideration of any nature from us.
On a non-exclusive basis with respect to the foregoing, by virtue of these terms, you grant to us (and to our licensees, distributors, agents, representatives and other authorised users), without the need for any permit from you or payment in your favour or in favour of any other person or entity, the perpetual worldwide, non-exclusive, irrevocable, fully paid, free of charge licence transferable to third parties by virtue of all copyrights, commercial trademarks, patents, trade secrets and other intellectual property rights that you possess or control, relating to the use, reproduction, transmission, printing, publication, display, exhibition, distribution, redistribution, copying, web hosting, storage, saving in cache memory, archiving, indexation, categorisation, comment, broadcasting, broadcasting in streaming, editing, alteration, modification (including, by way of example but without limitation, the deletion of lyrics and music from Submitted Material or the replacement of lyrics and music from Submitted Material with music and lyrics chosen by us), adaptation, translation, creation of works based on the Submitted Material and performance in public and use in other ways of the Submitted Material, in whole or in part, in all multimedia formats and channels currently known or created in future (including, by way of example but without limitation, on the websites of the Paglieri spa group, on third party websites, on our radio, television and cable networks and stations and on our platforms, radio, television and wireless services, on physical means of communication and in the form of theatrical distribution) for any and every purpose in any multimedia format and via any multimedia channel, including, by way of example and without limitation, news programming channels, advertising, promotion or commercial channels, all without further prior notice to you and with or without the attribution of intellectual property (the “Licence on Submitted Material”).
To the extent that the Material submitted by you contains original songs or recordings, by virtue of these terms you declare that you are a member of the company for the applicable rights of musical performance and/or mechanical reproduction and that all musical compositions (including lyrics) contained in the Submitted Material may be granted in licence to us (and to our licensees, distributors, agents, representatives and other authorised users) directly by that company. Notwithstanding the foregoing, whether you belong or otherwise to that company, by virtue of these terms, you grant to us (and to our licensees, distributors, agents, representatives and other authorised agents) the perpetual worldwide, non-exclusive, irrevocable, fully paid, free of charge licence transferable to third parties, to perform publicly each and all the musical compositions (including the lyrics) and the recording of sounds contained in the Submitted Material.
To the extent that we solicit such submissions of Material via functions or activities on any of the Websites (including, by way of example but without limitation through games, prize competitions, contests, promotions and Public Forums (as defined in Section 5 below entitled “PUBLIC FORUMS AND COMMUNICATION”) that require the use (in whole or in part) of our works protected by copyright, by virtue of these terms, we grant to you a non-exclusive licence to create a derivative work using our works protected by copyright (in whole or in part), provided, however, that as a condition for obtaining our licence, you assign all rights in the work created by you to us (and to our licensees, distributors, agents, representatives and other authorised users). Where those rights are not assigned to us (or are not assigned to our licensees, distributors, agents, representatives and other authorised users) your licence to create material making use of our works protected by copyright (in whole or in part) is forfeited. You accept the abovementioned granting of rights, consents, agreements and assignments regardless of whether your Submitted Material is used by us or not.
You accept that you submit the Material not on the basis of confidentiality or fiduciary relationships and you also accept that between you and us there is no implication or creation in any way of any confidentiality condition or fiduciary relationship. To the extent that “moral rights”, “accessory rights” or similar rights in or towards the Submitted Material exist, and that those rights are not of our exclusive ownership, and to the extent that you are authorised by law to do so, you accept that you will not enforce those rights against us or against our licensees, distributors, agents, representatives and other authorised users, and you will take steps to obtain that acceptance from any other holders of those rights.
Without limitation to the scope of the Licence on Submitted Material or on any future allocation of rights, consents, agreements, assignments and derogations that you may make with regard to the Submitted Material, by virtue of these terms, you approve any previous assignment and derogation made by you in relation to the Material submitted to us by you.
A Website may require you to create an account/nickname to participate in activities or to receive additional benefits. You accept that you will provide, maintain and update true, exact, accurate and complete information about you as required by our registration procedures (the “Registered Data”). You undertake not to pretend to be another person or entity or to declare false information on your identity or affiliation with any other person or entity, including using the username, password or other information relating to the account of another person or entity, or the name, likeness, voice, image or photograph of another person, or falsely pretending to be a parent or guardian, where our registration procedure requires that information. You acknowledge and accept that we reserve the right to verify the accuracy of the information provided by you, including carrying out prompt checks on mobile telephone numbers that you may provide. You also accept to inform us promptly of any unauthorised use of your username, password or other information relating to your account, or any other breach of security of which you become aware, involving the Websites or linked to them.
In addition, you undertake to perform the logout of your account at the end of every session.
“Public Forum” means an area, website or feature on a Website that allows users or visitors to the website to disseminate Submitted Material to make it visible to one or more users or visitors to the Website, including chat rooms, message boards, instant messaging, mobile messaging, social community environments, profile pages, conversation pages, blogs and e-mails (including electronic greeting cards and “send to a friend” e-mails”).
You are and remain solely liable for the Submitted Material that you disclose on or via any of the Websites, along with Material submitted and/or posted under your username or in another way by you on a Public Forum and for the consequences of that submission and posting.
You acknowledge that you use any Submitted Material on a Public Forum at your own risk. For example, we cannot be held liable for, and we do not support, the opinions, recommendations or advice published or sent by users on a Public Forum and we specifically decline all and any liability in relation to it.
Except for conversations in private chats and instant messaging, we reserve the right to check, refuse to publish and to edit the Submitted Material, including, by way of example but without limitation, in the event that your Submitted Material does not comply with the Rules of Conduct, at our absolute and exclusive discretion and without prior notice, although we have no duty to do so or to monitor the Public Forums. Where we decide to subject to checks the Submitted Material, there may be a delay in publication of that content on a Public Forum, in order to allow for the review procedure. If we have questions on your Submitted Material, including, by way of example but without limitation, questions regarding copyright, we may contact you to obtain further information, including, for example, to check that you are the holder of the copyright or that you have obtained permission in another way to publish the material.
When your participate in a Public Forum, never assume that the other people are who they say they are, they know what they say they know or are associated with those with whom they say they are associated. Information obtained from a Public Forum may not be reliable, and it is not advisable to act, or to engage in trade or investment decisions, exclusively or largely based upon information for which you cannot verify the accuracy. We cannot be held liable for the accuracy of Submitted Material contained in a Public Forum and we are not liable for decisions relating to trade, investment or of any other nature, or for actions undertaken or otherwise, based upon that information or content.
Your ability to access or browse the Public Forums and/or to send and/or post Material on a Public Forum may be subject to age restrictions and/or to relative procedures or terms and conditions that we may review at our absolute discretion at any time and for any reason. Those restrictions, procedures and terms and conditions will be published on the Public Forum, where applicable.
The following Rules of Conduct apply to the Websites. By using the Websites, you accept that you will not send any Material that is:
(a) defamatory, abusive, harassing, threatening or that invades the privacy of another person; (b) fanatical, hateful, or racially abusive or otherwise offensive; (c) violent, vulgar, obscene, pornographic or otherwise explicit from a sexual perspective; or (d) otherwise harmful to persons or entities; illegal or that encourages or promotes illegal activity or the discussion of illegal activities with the intent to commit them, including Material that is, or represents an attempt to engage to child pornography, stalking, assault for sexual purposes, fraud, trafficking in obscene or stolen material, trafficking and/or abuse of drugs, harassment, theft, or conspiracy; infringes or violates another party's rights, including: (a) rights relating to copyright, patents, trademarks, trade secrets or other industrial or contractual rights; (b) the right to privacy (more specifically, you must not disseminate any type of personal information about others without their express permission) or to publicity; or (c) confidentiality obligations; regarding commercial or business issues or that publicises or offers the sale of products, services or otherwise (for profit or not), or that incites others to do so (including requests for contributions or donations); contains a virus or other harmful component, or that tampers with, impairs or damages in another way the Websites or their connected networks, or which interferes in another way with the use or enjoyment of the Websites by persons or entities; is antisocial, harmful, destructive, including consisting of “flaming,” “spamming,” “flooding,” “trolling,” and “griefing”, as these terms are commonly understood and used on the Internet. OR does not fall within the issue or theme assigned to the Public Forum.
You acknowledge and accept that during use of the Websites, you may be exposed to Submitted Material from various sources, and that we are not responsible for the accuracy, usefulness, security or intellectual property rights relating to that Submitted Material.
The information, content and material on the websites are provided as “seen and liked” and we give no declaration or guarantee in relation to that information, content or material. In particular, we do not guarantee that the functions contained in the information, content and materials present on the websites (including, by way of example but without limitation, the submitted material) are accurate, complete or up to date, and that they are introduced uninterrupted or error free, that defects will be corrected or that the websites or servers or software or other devices which produce that information, content and available material are free from viruses or other harmful components. In addition, you accept all the costs of maintenance, repair or correction that may become necessary. We do not provide any guarantee or declaration in relation to the use or results of the use of information, contents, materials, products or services presented or offered, made available or issued in any way on the websites, including, by way of example but without limitation, the submitted material or the websites or services of third parties linked to the sites (from them or to them) in terms of their correctness, accuracy, completeness, reliability, security or otherwise. The applicable regulations may not allow the exclusion of implicit guarantees; therefore, the exclusions set out above may not apply to you. This does not affect your statutory rights.
The Websites may contain (or may receive via a Website) links to other websites (“Third Party Websites”), along with articles, advertisements, photographs, text, graphics, photos, drawings, music, sound, software applications and other contents or objects originating from third parties (“Third Party Contents”). We explicitly disclaim any liability in relation to the accuracy, completeness, suitability or availability of the information, contents and materials found on Third Party Websites or in Third Party Contents. We cannot guarantee that you will be satisfied with the products or services that you purchase from a Third Party Website linked to a website or the information, contents or materials of third parties present on our Websites (including, by way of example but without limitation, the Submitted Material in the Public Forums). We do not guarantee third party goods and we have not implemented any measures to confirm the accuracy, completeness or reliability of the information, contents or material present on Third Party Websites or in Third Party Contents. We do not issue declarations or guarantees regarding third party websites or other websites included in our lists, or on third party contents and we cannot accept any liability regarding the content, availability, accuracy, relevance, compliance with copyright, legality or decency of the material contained in third party websites or contents (including, by way of example but without limitation, information relating to credit cards or other personal information) THAT ANY THIRD PARTY MAY REQUEST FROM YOU. You hereby irrevocably waive any claim against us in relation to information, contents and materials present on our Websites (including, by way of example but without limitation, the Submitted Material), on Third Party Websites or in Third Party Contents (including, by way of example but without limitation, information relating to credit cards and personal information of any other nature). We urge you strongly to conduct any checks you feel necessary or appropriate before proceeding with online or offline transactions with those third parties.
In addition, Contents concerning health or medical issues are not intended to substitute any professional medical opinion. Please always contact your doctor for any health problem. If you believe that you require urgent medical assistance, contact your doctor or A&E immediately. You rely upon the information contained on the Websites strictly at your own risk.
We do not limit in any way our liability for death or damages to persons caused by our negligence or by our false declaration or fraudulent concealment or for any other liability that cannot be excluded or limited by the applicable regulations.
Without prejudice to the applicable regulations, we, our group companies, and our licensors or licensees and those of our group companies and their respective retailers, distributors, service providers or suppliers, disclaim any liability resulting from losses, damage, costs or expenses incurred in relation to our use of software, applications, devices or other material provided by you in connection with your use of the websites, or from losses that are not a reasonably foreseeable consequence: (a) of use of the websites or their contents or the impossibility of that use, or (b) of the conduct or actions, both online and offline, of users of the websites or by other persons or entities, even if we have been warned of the possibility of those damages.
In relation to your use of the websites for services linked to mobile devices, we disclaim any liability from faults in the websites or services for mobile devices, including where your mobile device is not compatible with the contents that you have ordered, and also resulting from the lack of connectivity of your mobile device or where you have provided an incorrect mobile device number.
We reserve the right to change the websites or to remove contents or features or services provided via the websites in any way, at any time and for any reason or for no reason whatsoever.
Questi termini d'uso sono soggetti alla giurisdizione dell'Inghilterra e del Galles e sono interpretati conformemente ad essa; i tribunali di Londra, Inghilterra, hanno la giurisdizione esclusiva in relazione ad atti o pretese sollevate in virtù di questi termini d'uso e ai sensi degli stessi Lei accetta di sottoporsi alla giurisdizione personale di detti tribunali, a condizione che nulla di quanto qui esposto impedisca l'applicazione e l'esecuzione della normativa vincolante e applicabile. Non rilasciamo alcuna dichiarazione relativamente all'adeguatezza e disponibilità all'uso o meno in qualsiasi particolare luogo delle informazioni, contenuti e materiali presenti sui Siti (compreso il Materiale Inoltrato). La sua decisione di accedere ai Siti è sua iniziativa e Lei è responsabile della conformità a tutta la normativa applicabile, inclusa la normativa applicabile locale.
Please note that you are responsible at all times for updating your information and personal e-mail addresses. Where the latest e-mail address provided by you is invalid, or for any reason that prevents us from sending you the abovementioned notification, the sending by us of the e-mail containing that notification will be valid as actual notification of the changes, amendments, additions or deletions described in the notification.
We have adopted and applied a policy that in appropriate circumstances allows us to withdraw from these terms in relation to the accounts of users that have repeatedly breached copyright. Any fraudulent, offensive or otherwise illegal activity may constitute a reason for withdrawal from your account, at our sole discretion, and may be reported to the authorities.
Alessandria, 30 August 2012
For further details, contact us at the following address:
PAGLIERI SpA, S.S. n° 10 per Genova, km 98 – Alessandria .mail email@example.com