Terms and Conditions
SUBJECT
These general terms and conditions (“T&C”) contain the terms and conditions governing the provision and publication, by APT Servizi, with registered office in Viale Aldo Moro, 62 – 40127 – Bologna, C.F./VAT n. 01886791209 (“Company”), of information, slides, texts, photographs, video, graphics, music, audio and any other material owned by the Company and/or any licensors of the Company (“Contents”) through the website letouritalia.it (“Website”), offered under the terms and conditions specified therein, in favor of the user (“User”).
- The User declares that he/she has read and expressly accepted the T&C when using the Website and/or benefiting from the Contents. If the User does not intend to accept even one of the terms and conditions of the T&C, the User is requested to refrain from using the Website and/or benefiting from the Contents.
- The User acknowledges and agrees that the Company reserves the right to modify the T&C at any time, at its own discretion, by making the User aware of such modifications by posting them on the Website. The mere visit to the Website subsequent to the modification shall count as full acceptance, by the User, of such modification. The User acknowledges and agrees, therefore, that it will be the User’s responsibility to check the Website periodically for any changes to the T&C.
INTELLECTUAL PROPERTY RIGHTS
- The User acknowledges and agrees that any and all intellectual and industrial property rights pertaining to the Website and/or the Contents, such as trademarks, logos, and any other content that may be the subject of private rights and/or any other intellectual property rights relating to the Website and/or the Contents (“Rights”), are the exclusive property of and/or third parties that have licensed their use to the Company, and are protected by the intellectual and industrial property law. The mere use of the Website and/or the Contents does not give rise to any rights over the same to the User, in whole or in part, and therefore the User may not use the Rights in any way except as strictly necessary for benefiting from the Website and/or the Contents.
- Except as necessary to benefit from the Website and/or the Contents, the User may not download, copy, use, transfer, rent, sub-license, lend, modify, adapt, attempt to modify or alter the source code, reverse engineer, decompile, disassemble or otherwise operate, in whole or in part, on the Website and/or the Contents.
- Unauthorized use, copying, reproduction, modification, republication, updating, downloading, mailing, transmission, distribution or duplication or any other misuse of the Website and/or the Contents and/or any other content that may be the subject of the Rights, by the User, shall be considered prohibited. As a user of the Website and/or the Contents, the User undertakes not to use the subject matter of the Rights for unlawful purposes and/or in violation of the provisions of the T&C and/or for commercial purposes or otherwise related to an economic activity (except, in this case only, the prior written authorization of the Company) and undertakes not to infringe the Rights of the Company and/or its third-party licensors.
- With regard to the above, the User undertakes as of now to indemnify and hold harmless the Company from any damage or loss directly or indirectly resulting from the User’s use of anything covered by the Rights in violation of the provisions of the T&C.
USER’S REPRESENTATIONS AND WARRANTIES
- The User acknowledges and expressly agrees that, in the event that the User violates the law, third parties rights or the T&C, the Company may – at its own discretion – prevent the User from accessing the Website, as well as take any other useful action to protect the Company’s rights and interests.
- The User, in order to benefit from the Website and/or the Contents, shall have the necessary devices and applications such as, by way of example, Internet services and, in relation to this aspect, the Company shall not be held responsible for any malfunctions, impossibility of access or poor conditions of use of the Website attributable, by way of example, to unsuitable device.
- The User represents and warrants:
- that he/she has read and understood the T&C;
- that he/she will refrain from reproducing, duplicating, copying, using, selling, reselling and otherwise exploiting for commercial purposes the Website, the Contents and/or any other content that may be the subject of the Rights;
- that he/she will refrain from any form of use, direct and/or indirect, of the Website and/or Contents contrary to law or not in accordance with the provisions of the T&C;
- that he/she will not use systems of so-called spamming, chain messages or pyramid selling;
- that he/she will not spread viruses, spyware, adware, rootkits, backdoors, trojans and other similar cyber threats through the Website and/or the Contents;
- that he/she will not use software or other automatic or manual mechanisms to copy or access pages offering the Website and/or the Contents.
LIABILITY – LIMITATION OF LIABILITY IN FAVOR OF THE COMPANY
- The User acknowledges and agrees that, except where expressly stated in the T&C, the Company makes no representations or warranties, express or implied, regarding the Website and/or the Contents.
- Except in the case of willful misconduct or gross negligence, the User i) acknowledges and agrees that the Company shall not be liable in any way to the User for any damages, losses, costs, charges and expenses, direct or indirect, including any legal fees, suffered and/or incurred by the User in connection with the Website and/or the Contents and ii) waives as of now any claim in this regard against the Company, including by way of reimbursement or compensation.
- The Company is not necessarily affiliated and/or partnered with the individuals and/or legal entities that own the websites to which links exist within the Website and is not responsible in any capacity for the content of those websites. Such links are made solely for the convenience of the User and access to such sites is at the discretion and exclusive responsibility of the User. A link from the Website to any other website does not imply that the Company approves, endorses or recommends in any way said website or has any control over any element of the content of said website.
INDEMNIFICATION
- The User undertakes to indemnify and hold harmless the Company, its subsidiaries and affiliates, as well as their respective representatives, partners and employees from any damages, liabilities, costs, charges or expenses, including legal fees, arising from third party claims resulting from the User’s use of the Website and/or Contents in a manner that is not in accordance with the T&C and/or in violations of the provisions thereof and/or the applicable law.
PRIVACY
- Obligations of the Company towards the User. In the fulfillment of its contractual obligations, the Company undertakes to comply with the provisions of Legislative Decree 196/2003, integrated with the amendments provided for by Legislative Decree 101/2018 (“Code”) and EU Reg. 2016/679 (“Regulation”; the Code and the Regulation together, the “Privacy Laws”) and, to this end, undertakes to adopt all physical, logistical and organizational security measures necessary and appropriate to ensure respect for the integrity and accuracy of the personal data processed, as well as the lawfulness of their processing.
- The personal data of Users are processed using manual and computerized tools, with logics strictly related to the processing purposes described in the privacy policy and, in any case, so as to ensure the security and confidentiality of the data itself. The User accepts that the Company is entitled to access, store, transmit, use and process all the information he/she provides in accordance with the terms of the Privacy Laws.
- To better know and understand how the Company processes Users’ personal data, the User is encouraged to consult the Privacy Policy.
DURATION and SURVIVAL OF CLAUSES
- The T&C shall be effective as of the date of acceptance thereof and shall remain in effect for the entire duration of the User’s use of the Website and/or the Contents. In particular, the following clauses of the T&C will remain valid and effective even after the termination of the effects of the T&C: Intellectual Property Rights, User’s Declarations and Warranties, Liability – Limitation of Liability in Favor of the Company, Applicable Law and Jurisdiction.
APPLICABLE LAW AND JURISDICTION
- The T&C are entirely governed by Italian law.
- Any dispute arising between the Company and the User in relation to the validity, interpretation, execution and termination of the T&C and/or in any case in connection with the T&C shall be the exclusive jurisdiction of the Court of Milan, to the exclusion of any other, even concurrent or alternative, jurisdiction.
GENERAL CLAUSES
- Any tolerance of the Company towards conduct of the User carried out in violation of any provision of the T&C shall not constitute a waiver of the rights arising from the violated provision, nor of the right to demand the proper fulfillment of all provisions of the T&C themselves.
- Should any term or other provision of the T&C be declared null, void or unenforceable, all other terms and provisions of the T&C shall, however, remain in full force and effect.
- The Company and the User act in full autonomy and independence. The T&C do not give rise to any relationship of collaboration, agency, association, intermediation or employment between them.
- The User acknowledges and agrees that the following paragraphs of the T&C contain certain vexatious provisions, including the points listed, pursuant to articles 1341 and 1342 of the Italian Civil Code: 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 20. The User is invited to carefully read the above mentioned clauses before benefiting from the Website and/or Contents, waiving as of now any claim in this regard against the Company, including by way of reimbursement or compensation.