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Titolo del documento
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING THIS
WEBSITE. All users of this website agree that access to and use of this website
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this website.
STICASA reserves the right to modify these Terms of Use at any time. You
agree to review these Terms of Use periodically to be aware of such
modifications and that your continued use of the website shall be deemed to be
your conclusive acceptance of any modified Terms of Use. We will indicate that changes
to these Terms of Use have been made by updating the date indicated after
"Last Modified" at the end of these Terms of Use. If you do not agree
to abide by any modified version of these Terms of Use, you are not authorized
to use this website.
1. Copyright
The entire content
included in this website, including but not limited to text, graphics or code
is copyrighted as a collective work under the Italian and other copyright laws,
and is the property of STICASA. The collective work includes works that are licensed
to STICASA. Copyright 2009, STICASA S.r.l.. ALL RIGHTS RESERVED. You may
display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the website solely for your own non-commercial use, or
to place an order with STICASA. You further agree not to change or delete any
proprietary notice from materials downloaded or printed from the website.
2. Trademarks /
Intellectual Property
All trademarks, service marks and trade names of
STICASA and STIKID used in the website (including but not limited to the STICASA
and STIKID name, the Logos & Designs) are trademarks or registered
trademarks of STICASA S.r.l. They may not be used without STICASA's prior
written permission. Any other intellectual property in the website, including
but not limited to patents, issued or pending, are the sole property of STICASA
and/or its licensors.
3. Product Orders
All orders placed
through the website are subject to STICASA's acceptance, which is in its sole
discretion. Without limitation, this means that STICASA may refuse to accept or
may cancel any order, whether or not the order has been confirmed, for any or
no reason, in its sole discretion, and without liability to you or any third
party. If your credit card has already been charged for an order that is
subsequently cancelled, STICASA shall issue a credit to your credit card account.
4. User Generated Content
STICASA does not, and
you agree that STICASA has no obligation to, review the communications,
materials, information, opinions, and other content posted and/or submitted by
users accessing the website (including, without limitation, in or on bulletin
boards, chat rooms, community pages or other forums on this website)
(collectively, "User Generated Content"), that STICASA is not in any
manner responsible for User Generated Content, that STICASA does not guarantee
the accuracy, integrity or quality of User Generated Content, and that STICASA
cannot assure that harmful, inaccurate, deceptive, offensive, threatening,
defamatory, unlawful or otherwise objectionable User Generated Content will not
appear on the Website. You acknowledge that by providing you with the ability
to access and view User Generated Content on the website, is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any User Generated Content or activities of users on the
website. Without limiting the generality of the foregoing, you acknowledge and
agree that the information, materials and opinions expressed or included in any
User Generated Content are not necessarily those of STICASA or its affiliated
or related entities or content providers.
Notwithstanding the foregoing, you
acknowledge and agree that STICASA has the absolute right to monitor User
Generated Content posted to the Website in its sole discretion. In addition,
you
agree that you shall immediately notify STICASA in writing of any objectionable
content appearing on the Website. STICASA will make good faith efforts to
investigate allegations that any User Generated Content violates these Terms of
Use but (a) makes no warranty to you that it will edit, remove, or continue to
permit the display of any specific User Generated Content, whether or not
subject to such allegations, and (b) will have no liability whatsoever for
editing, removing, or continuing to permit the display of any User Generated
Content whatsoever.
Any use of any content on this website, including,
without limitation, User Generated Content will be at your own risk. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT
STICASA IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT.
You may not post
or otherwise distribute content to the website which STICASA in its sole
discretion determines to be abusive, harassing, threatening, defamatory,
obscene, an impersonation of others, fraudulent, deceptive, misleading, in
violation of a copyright, trademark or other intellectual property right of
another, invasive of privacy or publicity rights, in violation of any other
right of STICASA or another party, illegal, or otherwise objectionable
to STICASA. You may not upload commercial content on the website
or use the website to solicit others to join or become members of any other
commercial online service or other organization. You may be required to
register and/or agree to additional terms of use prior to being permitted to
post or otherwise distribute User Generated Content to this website.
5. Use of Information
Submitted
You
agree that STICASA is free to use any comments, information, designs, ideas, or
other content contained in any User Generated Content posted by you to this
website, or created by you while accessing the website (including, without
limitation, any designs or other materials created or submitted by you on the STICASA
website), or contained in any communication you may send to STICASA or submit
to the website without notice, compensation or acknowledgement to you for any
purpose whatsoever, including, but not limited to, developing, manufacturing
and marketing products and services and creating, modifying or improving the
website or other products or services.
6. Third-Party Links
In
an attempt to provide increased value to our visitors, STICASA may link to
websites operated by third parties. However, even if the third party is
affiliated with STICASA, STICASA has no control over these linked websites, all
of which have separate terms and conditions and privacy and data collection
practices, independent of STICASA. These linked websites are only for your
convenience and therefore you access them at your own risk. STICASA seeks to
protect the integrity of the website and the links placed upon it and therefore
requests any feedback about the website and for websites it links to as well.
Please review the privacy policy of any third-party website that you have
linked to from the Website before you use such third-party website.
7. Indemnification
You
agree to indemnify, defend, and hold harmless STICASA, its officers, directors, employees, agents,
licensors and suppliers from and against all claims, losses, expenses, damages
and costs, including, without limitation, reasonable attorneys' fees, arising
from or relating in any way to your use of this website.
8. Privacy - STICASA is
committed to safeguarding your privacy. The terms regulating the handling of
personally identifiable information and other information by you in connection
with the website is described in our Privacy
Policy.
9. Warranty Disclaimer
-
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STICASA
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. STICASA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS
CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STICASA DOES NOT MAKE ANY WARRANTEES OR
REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR
OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. STICASA DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD
PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR
SOLE REMEDY AGAINST STICASA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS
TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART
OF THE BARGAIN BETWEEN THE PARTIES.
10. Limitation of
Liability - STICASA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE
PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS
WEBSITE, EVEN IF STICASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, STICASA IS
FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN
ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, STICASA'S
LIABILITY SHALL IN NO EVENT EXCEED US$100.00.
APPLICABLE LAW MAY NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Miscellaneous
- Your use of this
website shall be governed in all respects by the laws of the state of ITALY,
without regard to choice of law provisions Except where prohibited, you agree
that any and all disputes, claims and legal proceedings directly or indirectly
arising out of or relating to this website (including but not limited to the
purchase of STICASA's products) shall be resolved individually, without resort
to any form of class action, and exclusively in front of the Court of Milan
(Italy). Any cause of action or claim you may have with respect to the website
(including but not limited to the purchase of STICASA products) must be
commenced within one (1) year after the claim or cause of action arises. By
using the website, you agree to receive electronic communications from STICASA.
You agree that any notice, agreement, disclosure or other communication that
STICASA sends you electronically will satisfy any legal communication
requirements, including that such communications be in writing. STICASA's
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. STICASA may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
12. Term - Termination -
These terms and
conditions are applicable to you upon your accessing the website. STICASA
reserves the right in its sole discretion to terminate or restrict your use of
the website, without notice, for any or no reason, and without liability to you
or any third party. In addition, these terms and conditions, or any part of
them, may be terminated by STICASA without notice at any time, for any reason.
The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any termination.
Any other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this website is strictly prohibited, unless
authorized by reserves the right to alter, edit, refuse to post or remove any
such User Generated Content, in whole or in part, for any reason or for no
reason, and to disclose such User Generated Content and the circumstances
surrounding their transmission to any third party. You agree that we do not
have any obligation to use or respond to any User Generated Content.
Last updated: 23 FEB 2010
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