MaconService
Terms and Conditions of Use of the Platform and Applications

 

 

The following terms and conditions (the “Terms and Conditions”) govern the use of this website or applications (the “Platform”), provided by MaconService s.r.l. (“MaconService” or “we” or “our”) and any content, feature, or functionality made available by or through this Platform, including related subdomains or applications. MaconService may modify the Terms and Conditions from time to time, at any time without notice, by posting such changes on the Platform. BY USING THE PLATFORM, THE USER ACCEPTS AND AGREES TO THESE TERMS AND CONDITIONS, WHICH APPLY TO THE USE OF THE PLATFORM. Users who do not accept these Terms and Conditions may not access or otherwise use the Platform.

Ownership Rights
MaconService owns all rights, titles, and interests in the Platform, all content (including, for example, audio, photographs, illustrations, graphics, other visual elements, video, copy, text, software, titles, Shockwave files, etc.), code, data and related materials, the look, design and organization of the Platform, as well as the compilation of content, code, data and materials on the Platform, including copyrights, trademarks, patents, databases, other intellectual property, and proprietary rights. Use of the Platform by the user does not confer ownership of any content, code, data, or materials accessed through the Platform.

Limited License
You may access and view content on the Platform on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Platform, make single copies or prints of content on the Platform only for your internal or personal use. Unless otherwise specified in these Terms and Conditions or on the Platform, the use of the Platform and offered services is for personal, non-commercial use only.

Prohibited Uses
Except as expressly permitted in these Terms and Conditions or on the Platform, any commercial exploitation, publication, distribution, or promotion of the Platform, or any material, content, code, data contained on the Platform, is prohibited without express written authorization from our authorized personnel or rights holders. Beyond what is expressly allowed on this site or on the Platform, it is prohibited to publish, download, display, reproduce, copy, distribute, modify, transmit, perform, transfer, sell, create derivative works from, or otherwise exploit any content, code, data or materials available on the Platform. The user also agrees that they may not alter, modify, delete, remove, reuse or otherwise change the meaning or appearance of any content, code, data or other material on or available through the Platform, including, without limitation, altering or removing any trademark, trade name, logo, service mark, or other proprietary content. The user acknowledges that no ownership rights are acquired by downloading or otherwise using any copyrighted material from or through the Platform. Any other use of the Platform or content, code, data or materials in connection therewith or available through the Platform, unless otherwise provided above, may violate copyright and other territorial laws and applicable state laws, exposing the user to liability for such unauthorized use.

Trademarks
The logos, trademarks, and trade names (collectively, “Trademarks”) displayed on the Platform or content available through the Platform are registered and unregistered trademarks and may not be used in connection with products and/or services that are not connected, associated or sponsored by the rights holders. All trademarks not owned by us that appear on the Platform or through the services of the Platform are the property of their respective owners. Nothing contained on the Platform shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Platform without written authorization from MaconService or the third party that may own the applicable trademark. Unauthorized use of trademarks displayed on the Platform or through any of the Platform’s services is strictly prohibited.

User Information
While using the Platform and/or the services made available through the Platform, you may be asked to provide certain personal data (“User Information”). Our policies on the collection and use of such User Information are set forth in the Platform’s Privacy Policy, incorporated herein by reference. The user acknowledges and agrees that they are solely responsible for the accuracy and content of their User Information.

Submitted Materials
Unless specifically requested, we do not solicit nor desire to receive confidential, secret or proprietary information or other material from you through the Platform, by e-mail or otherwise. Any information, creative work, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other material sent — including, for example, but without limitation, what is submitted or posted in our chat rooms, bulletin boards, survey responses, blogs, or e-mailed to us (“Submitted Materials”) — will be considered non-confidential and non-proprietary and may be used by us in any manner consistent with the Platform’s Privacy Policy. By submitting materials, you: (a) represent and warrant that the Submitted Materials are your original work and no other party has any rights in them, and that any “moral rights” in the Submitted Materials have been waived; (b) grant MaconService a worldwide, perpetual, irrevocable, non-exclusive, fully transferable right, license, and permission to use, copy, reproduce, adapt, publish, translate, modify, distribute, perform, display, and create derivative works from the Submitted Materials for any purpose, including promotional and/or commercial purposes; (c) consent to the creation of derivative works from the Submitted Materials to be distributed, performed, displayed, and incorporated into other works in any form, media or technology now known or later developed. MaconService shall not be responsible for preserving any Submitted Material and may delete or destroy any Submitted Material at any time at its sole discretion.

Prohibited User Conduct
You agree that while using the Platform and various services and features offered on or through the Platform, you shall not:

  • impersonate any person or entity or misrepresent your affiliation with any person or entity;

  • insert advertisements, branding, or other promotional content of your own or third parties into any content, material, or service of the Platform without express authorization;

  • attempt to gain unauthorized access to other computer systems through the Platform;

  • perform “spidering,” “screen scraping,” “database scraping,” collection of email addresses, wireless addresses, or other contacts or personal information by any automated means;

  • obtain or attempt to obtain unauthorized access to systems, materials, or information by any means;

  • use the Platform or services in any way that could disrupt, damage, disable, overload, or impair the Platform or services, including sending unsolicited mass messages or server flooding;

  • infringe intellectual property or other proprietary or legal rights of MaconService or third parties;

  • use the Platform or services in violation of any applicable law.

You further agree not to attempt (or encourage others) to circumvent, decode, decrypt or otherwise alter or interfere with the Platform or services or their content, or make unauthorized use thereof. You agree not to use the Platform in any way that may interfere with the use and enjoyment of the Platform or its services by others. You must not obtain or attempt to obtain any material or information through means not made publicly available or provided through the Platform.

Public Forums
From time to time MaconService may make messaging, chat services, bulletin boards, message boards, blogs, forums and other similar services available on or through the Platform. In addition to any other rules or regulations we may publish relating to a particular service, you agree not to post, upload, transmit or distribute any material on or through such services that:

  • restricts or inhibits any other user from using or enjoying the Platform or its services;

  • contains fraudulent, unlawful, threatening, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent content;

  • constitutes or encourages conduct that would be a criminal offense or give rise to civil liability;

  • violates any local, state, national, or international law;

  • infringes third-party rights including copyrights, trademarks, trade secrets, privacy or publicity rights;

  • contains viruses, spyware or other harmful components;

  • contains embedded links, advertisements, chain letters, or pyramid schemes;

  • contains false or misleading statements.

You agree not to impersonate others, real or fictitious, including us or our staff, and not to offer to buy or sell products or services through forum comments. You are solely responsible for your content and the consequences thereof.

Right to Monitor and Editorial Control
We reserve the right, but not the obligation, to monitor and/or review all materials posted on the Platform or through its services by users, and we are not responsible for such user-posted materials. We may disclose any information to satisfy any law, regulation or government request, or modify, refuse to post or remove any information or materials that, in our sole discretion, are objectionable or violate these Terms, our policies, or applicable law. MaconService may impose limits on forum features or restrict access to forums without notice or penalty for violations.

Private or Sensitive Information on Public Forums
Comments posted to forums may be recorded and stored in multiple locations, accessible for a long time, and you do not control who reads them. Be careful and selective about personal or sensitive information you disclose.

Linking to the Website
Unless otherwise specified, linking from other sites to the Platform shall open in a new browser window, linking to the full HTML version of this site; direct linking to images hosted on the Platform is not permitted; you agree not to download or use images hosted here on other sites. Framing or surrounding the Platform content with third-party content is prohibited. We reserve all rights to require termination of linking at any time.

Indemnification
You agree to defend, indemnify, and hold harmless us and our affiliates, officers, employees, and agents from

DISCLAIMER OF WARRANTIES
The Platform, including, without limitation, all services, content, features, materials, and functions made available through the Platform, are provided “AS IS”, “AS AVAILABLE”, without any warranties of any kind, either express or implied, including, without limitation, any warranties regarding information, data, data processing services, continuous access, or any warranties relating to availability, accuracy, playability, completeness, correctness, usefulness, or informational content, and any warranty of non-infringement, merchantability, or fitness for a particular purpose.

MaconService does not guarantee that the Platform or the services, content, features, or materials provided through it will be timely, secure, uninterrupted, or error-free, or that defects will be corrected. MaconService does not guarantee that the Platform or the services provided will meet the user’s requirements.

No advice, result, or information, whether oral or written, issued by us to one or more users, shall be considered a warranty in any form unless expressly provided for in this document.

MaconService assumes no responsibility for any damages or viruses that may infect the user’s equipment during access, use, or navigation of the Platform or the download of any material, data, text, images, video content, or audio content from the Platform.

If you are not satisfied with the Platform, the sole remedy is to discontinue its use.

MaconService strives to ensure that the information published by it on the Platform is correct and up to date, reserving the right, at any time and without notice, to modify or correct any information provided on the Platform.

MaconService is not responsible for the accuracy or reliability of any opinion, advice, or statement published on the Platform, nor for any offensive, defamatory, obscene, indecent, or illegal content posted by anyone other than MaconService personnel expressly authorized to publish content on the Platform as part of their official work activities.

It is the user’s responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Platform. We advise users to consult professional advice for the evaluation of any specific information, opinion, advice, or other content, including but not limited to financial, health, or lifestyle information, opinions, advice, or other content.

Any product or service ordered or provided through the Platform is provided by us “AS IS”, unless otherwise agreed in separate license or sales contracts entered into between MaconService and the user.

LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall we, our affiliates, or any of our directors, officers, employees, agents, or service providers (collectively, the “Protected Entities”) be liable for any direct, special, incidental, consequential, exemplary, or punitive damages arising from or related directly or indirectly to the use or inability to use the Platform or its content, features, materials, and related functions, loss of data and/or information entered by the user into the Platform, business losses or other losses, even if such Protected Entities have been informed, even in advance, of the possibility of such damages.

In no event shall the Protected Entities be liable or connected to any content posted, transmitted, exchanged, or received by or on behalf of any user or other party through the Platform.

In no event shall any recognition of damages caused to the user by the Protected Entities exceed the amount paid by the user for the use of the Platform or for the purchase of products directly sold by MaconService through the Platform.

GOVERNING LAW
We control and manage the Platform from our offices located in Italy. We do not guarantee that the materials on the Platform are appropriate or available for use in other countries. Persons who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply. All parties to these Terms and Conditions waive their respective rights to a jury trial.

TERMINATION
We may interrupt, change, or suspend any aspect of the Platform or Platform services at any time. We may limit, suspend, or terminate your access to the Platform and/or its services if we believe you are violating our terms and conditions or applicable law, or for any other reason, without notice or liability.

MODIFICATION OF TERMS OF USE
We reserve the right, at our sole discretion, to modify, amend, add, or remove any part of the Terms and Conditions, in whole or in part, at any time. Changes to the Terms and Conditions will be effective when posted. Continued use of the Platform and/or services made available on or through the Platform after any such modifications shall constitute acceptance of those changes.

MISCELLANEOUS
The Terms, Conditions, and the relationship between the User and MaconService shall be governed by Italian law. The User agrees that any claim arising under these Terms and Conditions shall be brought before the Court of Bari – Italy. Our failure or unwillingness to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is held invalid by a competent court, the parties agree that the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.

 

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