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
2. DESCRIPTION OF SERVICE
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.
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.
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);
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 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;
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
8. PUBLIC CONTENT POSTED TO ARTOBOLUS
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.
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.
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.
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.
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.
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.
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
23. GENERAL INFORMATION
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.
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).