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Terms and Conditions of Service

THIS AGREEMENT GOVERNS YOUR USE OF THE ARTOBOLUS WEBSITE.
Terms as per Legislative Decree n° 206 "Consumer Code" 6th septembre 2005, and, above all, section II of the Consumer Code about e-commerce.

1. ACCEPTANCE OF TERMS
This Web site is owned and operated by Mantanera di Colonna Nicoletta &C. s.a.s., Torino (Italy) ZipCode 10121, via Giannone 10 (hereafter "Mantanera"). Access and use of this Web site is provided by Mantanera to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.
Mantanera may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically at URL: http://www.artobolus.com/Artobolus_terms_of_use.php. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

2. DESCRIPTION OF SERVICE
Mantanera provides users with access to many on-line resources through Artobolus, including, various communications tools, personalized contents and others (hereafter "the Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new properties, shall be subject to the Terms of Use.
You acknowledge and agree that the Services are provided "AS IS" and that Mantanera assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. Mantanera is not responsible for the availability of the Service and does not grant the Service will meet the user's needs.

3. YOUR REGISTRATION OBLIGATIONS AND SUPERVISING CHILDREN
In consideration of your use of the Services, you agree to:
a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (such information being the "Registration Data");
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mantanera has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mantanera has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Mantanera is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Services should assist them in setting up any relevant accounts and supervise their access to the Services. As the legal guardian, it is parent responsibility to determine whether any of the Services and/or content are appropriate for your child.

4. ARTOBOLUS PRIVACY POLICY
Mantanera is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Website Privacy Commitment for further details at URL http://www.artobolus.com/privacy.php. Personal data and any other similar info wich can identify the user will be subject to processing and use as per Legislative Decree n° 196/2003.
You agree that Registration Data and certain other information about you will be processed in accordance with our Privacy Policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation, ("ID"), upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
a) immediately notify Mantanera of any unauthorized use of your password or account and any other breach of security;
b) ensure that you exit from your account at the end of each session. Mantanera cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
The user is aware that his identification is connected to the ID and password he uses. All the operations done using the ID and the password used by the user involve the automatic attribution of the user to the above-mentioned operations and the requests done, without exceptions. The user is aware and accepts that Mantanera can always produce, as a demonstration of the operations done by the user and - in general - of the relationships with the user, also demonstrations given by the systems and by the computer procedures used by Mantanera to regulate the access to the Services.

6. MEMBER CONDUCT RULES
The user mustn't interfere with safety or abuse in any other way Artobolus or any other resource , service or net, connected with this web site. The use of this web site is for legal purposes only, in particular:
You acknowledge that all information, data, text, software, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Mantanera are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Mantanera does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Mantanera be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
You agree to not use the Services to:
a) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a Yahoo! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) frame the web site contents or transfer your obligations arising from this Terms of Use to other people;
g) upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h) upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
i) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
J) intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
K) "stalk" or otherwise harass another;
l) extract, collect, process, combine or store personal data about other users.
You acknowledge that Mantanera has no obligation to monitor Content. Mantanera and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the Terms of Use or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that Mantanera may access, preserve, and disclose your account information and Content:
a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner;
b) for the purpose of properly administering your account in accordance with the standard operating procedures of Mantanera or its affiliated companies;
c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce the Terms of Use;
respond to claims that any Content violates the rights of third-parties;
respond to your requests for customer service;
protect the rights, property, or personal safety of Mantanera, its users and the public.
You acknowledge that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Italy and the country in which you reside (if different from the aforementioned). When you are on any international Mantanera property, you are bound by the Terms of Use and applicable laws governing that Mantanera property.

8. PUBLIC CONTENT POSTED TO ARTOBOLUS
For purposes of the Terms of Use, "publicly accessible areas" of the Services are those accessible by the general public.
With respect to Content you elect to post for inclusion in publicly accessible areas of Artobolus or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Services, you grant Mantanera a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting the specific service to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Services. This licence exists only for as long as you elect to continue to include such Content on the Services and shall be terminated at the time you delete such Content from the Services.
With respect to all other Content you elect to post to other publicly accessible areas of the Services, you grant Mantanera the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

9. INDEMNITY
You agree to indemnify and hold Mantanera and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the Terms of Use, or your violation of any rights of another.

10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

11. MODIFICATIONS TO SERVICE
Mantanera reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Mantanera shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

12. TERMINATION
You agree that Mantanera in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Mantanera believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.
Mantanera may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Mantanera may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services.
Further, you agree that Mantanera shall not be liable to you or any third-party for any termination of your access to the Services.

13. DEALINGS WITH ADVERTISERS
The user correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such advertiser. The user agrees that Mantanera shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

14. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Mantanera has no control over such sites and resources, you acknowledge and agree that Mantanera is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Mantanera shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software ") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorised by Mantanera or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
Mantanera grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software.
You agree not to access the Service by any means other than through the interface that is provided by Yahoo! for use in accessing the Services.

16. DISCLAIMERS
You expressly acknoledge and agree that:
a). Your use of the Services is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis and therefore Mantanera expressly disclaims all warrenties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
b). Mantanera makes no warrenty or representation that:
(i) the service will meet your requirements,
(ii) The service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations,
(V) any errors in the software will be corrected.
c). Any material downloades or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from Mantanera or through or from the service shall create any warranty or other obligation not expressly stated in the Terms of Use.

17. LIMITATION OF LIABILITY
You expressly aknowledge and agree that Mantanera shal not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, included but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Mantanera has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the service;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service;
(v) any other matter relating to the service.

18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Services concerning companies, stock quotes, investments or securities, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Services are provided for informational purposes only, and no Content included in the Services is intended for trading or investing purposes. Mantanera shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.

19. NOTICE
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.

20. TRADEMARK INFORMATION
logos and product and service names of Artobolus are trademarks of Mantanera. Without Mantanera's prior permission, you agree not to display or use in any manner, the Mantanera Marks.

21. COPYRIGHTS and COPYRIGHT AGENTS
Mantanera respects the intellectual property of others, and we ask our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Services, please go to our copyright policy to report the problem.

22. APPLICABLE LAW
The Terms of Use and the relationship between you and Mantanera shall be governed by the laws of Italy. You and Mantanera agree to submit to the exclusive jurisdiction of the Italian courts. Any failure by Mantanera to exercise or enforce any right or provision of the Terms of use shall not constitute a waiver of such right or provision.
If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. For any controversy arising from or related to the matter covered by this Agreement the competent court will be decided by the law (205/2006 Consumer Code).

23. GENERAL INFORMATION
These Terms of Use constitute the entire agreement between you and Mantanera and govern your use of Artobolus, superseding any prior agreements between you and Mantanera. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Il mancato esercizio da parte di Mantanera di un proprio diritto previsto dalla legge o dalle presenti condizioni di utilizzo, non costituisce in alcun caso rinuncia al diritto medesimo.

24. VIOLATIONS
Please report any violations of the Terms of Use to Mantanera "report abuse" service.

ACCEPTANCE OF GENERAL TERMS OF SERVICE
The users claims, as per law 1341, comma 2, civile code, he has read carefully and accepted all the terms and articles about: Art. 1 (Possible Service general conditions); Art. 2 (Possible extension or changement of the subject of the Service); Art. 4.1 (Use of the user's personal data); Art. 4.2 (Cookies and other technologies to study the client needs and improve the service use); Art. 4.3 (Transfer of personal data abroad); Art. 9 (Indemnity); Art. 11 (Modification to Service); Art. 12 (User's ID termination, Services suspension or interruption); Art. 16 (Disclaimers); Art. 17 (Limitations of liability); Art. 22 (Applicable law).