Policy Summary

Personal data collected for the following purposes and using

the following services:

Contacting the User

Contact form


Personal Data: email; name

Payment Management

PayPal and Stripe


Personal Data: various types of Data as specified by the privacy policy of the service

Statistics

Google Analytics


Personal Data: Cookie; Usage Data

Displaying content from external platforms

YouTube Video Widget


Personal Data: Usage Data; Tracking Tool

Google Fonts


Personal Data: Usage Data; various types of Data as specified by the privacy policy of the service

Privacy Policy generated with

Additional information about Personal Data

Sale of goods and services online


The Personal Data collected is used to provide services to the User or to sell products, including payment and delivery. The Personal Data collected to process the payment may be that of the credit card, bank account used for the transfer or other payment instruments provided. The Payment Data collected by this Website depends on the payment system used.


Contact Information

- Data Controller


Italian Sugar Art bi Bonardi Ivana

Via Giordano Bruno 4

20154 Milan, Italy 

VAT NUMBER 09568870969

 Holder's email address: info@italiansugarart.it


Need to know at a glance

Access to this Web Site is permitted to Users who meet the age requirements specified in these Terms.

Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each clause concerned. If not mentioned, the clauses shall apply to all Users.

The right of withdrawal applies only to European Consumers.

Subscriptions to Products offered on this Website are subject to automatic renewal. Information on a) the length of the renewal period, b) how to cancel and c) the notice period is provided in the respective sections of these Terms.

Important: Different rules apply to Consumers located in Germany, as described in the relevant section of these Terms.

It is the sole responsibility of Users to choose the options appropriate to their situation or business during the document creation process, and to subsequently verify that the documents generated meet all legal requirements. This Website does not provide any assistance in this regard. The tips and instructions contained in the generator are only intended to illustrate its operation to Users and do not contain any information specifically related to individual Users.

TERMS OF USE

Unless otherwise specified, the terms of use of this Web Site set forth in this section apply generally.

Additional conditions of use or access applicable in particular situations are expressly stated herein.

By using this Web Site the User declares that he/she meets the following requirements:

There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;

The User must be at least 13 years old;

Registration

In order to use the Service, the User can open an account by indicating all the data and information required in a complete and truthful manner.

It is not possible to use the Service without opening a User account.

It is the responsibility of the Users to keep their access credentials secure and confidential. To this end, Users must choose a password that meets the highest level of security available on this Web Site.

By creating an account, Users agree to be fully responsible for any and all activities that occur under their access credentials. Users are required to notify the Controller immediately and unequivocally via the contact details set out in this document if they believe that their personal information, such as User account, login credentials or personal data, has been hacked, illegally distributed or stolen.

Registration Requirements

Registration of a User account on this Website is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.

The opening of accounts by bots or other automated means is not allowed.

Account closure

The User is free to close his/her account and cease using the Service at any time by following this procedure:

Using the account closure tools available on this Website.

By contacting the Owner at the contact information in this document.

Account Suspension and Cancellation

The Owner reserves the right to suspend or delete a User's account at any time in its sole discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.

Suspension or deletion of your account does not give you any right to compensation, refund, or indemnification.

Suspension or deletion of an account for cause shall not relieve you of any applicable fees or charges.

Content on this Web Site

Unless otherwise stated or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.

In such cases, without prejudice to any rights and claims which may be legally exercised, Users are requested to address their complaints to the contact details specified in this document.

Rights to the contents of this Web Site

The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents.

The Users are not authorized to use the contents in any way that is not necessary or implicit in the proper use of the Service.

The User is authorized to use the documents limited to the period of subscription to the Service. Unless authorized in writing by the Owner, any kind of partial or complete reproduction of the documents will be considered a violation of the Owner's copyright.

Content provided by Users

The Owner allows Users to upload, share or offer their own content on this Website.

By providing content to this Website, the User declares that he/she is legally authorized to do so and confirms that said content does not violate any laws and/or third party rights.

Rights to content provided by Users

The User acknowledges and agrees that by providing content of their own to this Website, the User grants the Owner the non-exclusive right to process the content free of charge for the purpose of operation and maintenance of this Website, as contractually provided.

To the extent permitted by law, the User waives the exercise of moral rights in relation to the content provided to this Web Site.

Users acknowledge and accept that the content offered by them via this Website will be made available under the same conditions applicable to the content on this Website.

Access to external resources

Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.

The conditions applicable to the resources provided by third parties, including those applicable to any granting of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.

Permitted Use

This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any law, regulation or the rights of any third party.

Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever there is a suspicion that the User is violating the law, regulations, third party rights and/or the Terms, in particular, but without exclusion, by carrying out one of the following activities:

Rules of Conduct

Pretend to meet any requirement to access this Website or use the Service, such as being of legal age or being a Consumer;

conceal your identity, use the identity of others, or pretend to act on behalf of a third party, unless authorized by such third party;

Alter identifiers to conceal or disguise the origin of your messages or posted content; defame, threaten, abuse, use intimidating practices, threaten or violate the rights of third parties in any other way;

promote activities that may endanger your life or the life of any other User or cause physical harm. Included in this category, but without any exclusion, are the threat of or incitement to suicide, glorification of intentional physical trauma, use of illegal drugs, abuse of alcohol. The publication of content that promotes, exalts or illustrates self-destructive or violent attitudes on this Website is not tolerated under any circumstances; test, analyze or test the vulnerability of this Web Site, the services and networks connected to this Web Site, breach the security or authentication procedures on this Web Site, the services and networks connected to this Web Site; install, embed, upload or otherwise incorporate malware on or through this Web Site; use this Web Site or the related technological infrastructure in an abusive, excessive or otherwise inappropriate manner (for example, for spamming purposes); attempt to disrupt or tamper with the technology infrastructure in a manner that causes undue damage or burden to this Website or the

Service;

customize the iubenda Cookie Solution in such a way as to violate TCF policies, if the IAB Transparency and Consent Framework (TCF) feature is enabled. Users acknowledge that modifying the configuration in violation of TCF policies is also a violation of these Terms and may result in suspension or termination of the User account (and in any event will result in removal or suspension of the Cookie Solution in question);

copying and pasting documents or embedding them in any way other than by using the appropriate embedding code. The documents generated may be stored by iubenda and integrated into a website or app by means of integration/embedding tools;

Scraping

Implement automated processes to extract, collect or capture information, data and/or content from this Website and all related digital extensions, unless expressly authorized by the Owner;

Content Rules

Disseminate or post content that is unlawful, obscene, illegitimate, defamatory or inappropriate;

Publish content that directly or indirectly promotes hatred, racism, discrimination, pornography or violence; disseminate or publish content that is false or likely to cause undue alarm; use this Website to publish, disseminate or otherwise offer content protected by intellectual property law, including but not limited to patents, trademarks and copyrights, without the permission of the rights holder; use this Website to post, disseminate or otherwise offer content that violates the rights of third parties, including, but not limited to, military, trade, professional or governmental secrets and personal data; post content or engage in activities that disrupt, interrupt, damage, or otherwise violate the integrity of this Web Site or the devices of other Users. Such activities include: spamming, illicit dissemination of advertising, phishing, fraud against third parties, dissemination of malware or viruses, etc.;

"Word of mouth"

This Website allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on this Website.

In order to find out all the details and conditions applicable, Users should consult the specific contractual terms in the relevant section of this Website.

The Owner reserves the right to terminate the offer at any time at its discretion.

Affiliation

This Website may offer Users the opportunity to participate in an affiliation program upon the conclusion of an agreement between the User and the affiliation partner with which this Website cooperates. However, Users have no claim to participate in such affiliate programs.

Software license

Any intellectual or industrial property right, as well as any other exclusive right existing on the software or technology integrated in or related to this Website is held by the Owner and/or its licensor.

Provided that the User complies with these Terms and notwithstanding any provision to the contrary contained therein, the Owner grants to the Users a revocable, non-exclusive, non-transferable and licensable license to use the software and/or technology integrated in the Service within the framework and for the purposes of this Website and the Service offered.

The license does not include any right of access to, use of, or disclosure of the original source code to the User. The techniques, algorithms and procedures contained in the software and related documentation are the exclusive property of the Owner or its licensor.

The grant of rights and licenses to the User shall cease with immediate effect in the event of termination or expiration of the Agreement.

API Terms of Use

Users may access their data related to this Website through the Application Program Interface (API). Any use of the API, including through third party products or services accessing this Website, is subject to the Terms and in addition to the following specific conditions:

the User expressly acknowledges and agrees that the Owner shall not be liable for any damages or losses resulting from the User's use of the API or third party products or services accessing data through the API.

TERMS AND CONDITIONS OF SALE

Paid-for Products

Some of the Products offered on this Website as part of the Service are fee-based.

The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.

In order to purchase Products, you must register or log in to this Web Site.

Product Description

Prices, descriptions and availability of Products are set forth in the respective sections of this Web Site and are subject to change without notice.

Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as applicable, graphics, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase process.

Purchase procedure

Every step, from the choice of the product to the forwarding of the order, is part of the purchase procedure.

The purchasing process includes the following steps:

Users are requested to choose the desired Product, to have it appear in the purchase selection, indicating, where possible, quantities and specific characteristics.

Users can check their choice, modify, add or remove items.

Users will be asked to specify their billing address, contact details and a payment method of their choice.

During the purchase process, Users may, at any time, modify, correct or replace the information provided or cancel the purchase process altogether without any consequences.

After providing all the required information, Users are asked to carefully check the order and can then proceed to checkout.

To place an order, Users are required to accept these Terms and use the respective button or mechanism on this Web Site, thereby committing to pay the agreed price.

Order Submission

Sending the order involves the following:

The submission of the order by the User determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.

In the event that the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the submission of the order also constitutes the User's obligation to cooperate accordingly.

Once your order has been placed, you will receive a confirmation of receipt of your order.

All notifications relating to the purchase process described above will be sent to the e-mail address provided by the User for this purpose.

Prices

During the purchase process and prior to placing an order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.

The prices on this Web Site

Include all applicable fees, taxes and costs.

Currency Conversion

If payment is made in a currency other than EUR, the exchange rate applied shall be the rate established at the payment service provider. In the absence of such rate, the Holder shall apply the exchange rate established by the European Central Bank valid at the time of the relevant transaction.

Promotions and discounts

The Owner may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.

Promotions and offers are always granted at the sole discretion of the Owner.

Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.

As applicable, discounts and promotions are valid for a specific period of time or while supplies last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Holder's location, as indicated in the contact information herein.

Means of Payment

Details of the accepted means of payment are highlighted during the purchase process.

Some means of payment are linked to further conditions or involve additional costs. Detailed information can be found in the relevant section of this Website.

All payments are handled independently by third party services. Therefore, this Website does not collect any payment data - such as credit card numbers - but you will be notified once your payment has been successfully processed.

In the event that the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.

Authorization for future payments via PayPal

If the User authorizes the PayPal feature that allows future purchases, this Website will store an identification code linked to the User's PayPal account. This will allow this Website to automatically process payments for future purchases or periodic payments for a previous purchase.

The authorization can be revoked at any time by contacting the Owner or by changing the personal settings of PayPal.

Reservation of Rights of Use

Until payment of the full purchase price has been received by the Holder, the User does not acquire the rights of use of the Products ordered.

Delivery

Provision of Services

The purchased service will be performed or made available at the times indicated on this Website or as communicated prior to the placing of the order.

Contract duration

Subscriptions

With a subscription, the User receives a Product on an ongoing or periodic basis. Details regarding the type of subscription and termination are described below.

Fixed-term subscriptions

Fixed-term paid subscriptions commence on the day that the Holder receives payment and remain active for the subscription term chosen by the User or otherwise indicated during the purchase process.

Once the subscription term has expired, the Product will no longer be accessible.

Automatic Subscription Updates

The following applies only to Users who are not acting as consumers.

Certain subscription plans available on this Web Site may be upgraded automatically if the usage thresholds for your subscription are exceeded. In such cases, we will automatically upgrade your subscription to the subscription that is appropriate for your level of usage in order to ensure continuity in the provision of the Service.

The payment instruments used will be the same as those chosen by the User to subscribe to the original plan. In order for the automatic update to be successful, the User must check that the payment instruments entered are valid. If the payment instruments indicated by the User are not usable, the Owner may be forced to suspend the provision of the Service.

The User is free to disable this automatic update feature through the interface of the Service, or by contacting the Owner. In this case, if the maximum usage thresholds allowed by your subscription are exceeded and you do not update your subscription once you have been notified, the Owner may be forced to suspend the provision of the Service. In any case, the Owner will make every effort to notify you via email about the imminent exceeding of the maximum thresholds and, therefore, about the need to update your subscription.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed by debiting the payment method chosen by the User at the time of purchase.

The renewal is for the same duration as the original subscription period.

Termination

Subscriptions may be terminated by sending a clear and unequivocal notice of termination to the Owner, using the contact details given in this document or - if applicable - by following the instructions on this Website.

If the notice of termination is received by the Holder before the renewal date of the subscription, the termination will take effect at the end of the current period.

Exception for consumers located in Germany

However, notwithstanding the foregoing, if You are located in Germany and acting as a Consumer, the following applies:

At the end of the initial term, subscriptions are automatically extended indefinitely, the User does not cancel before the end of this term.

The fee due at the time of extension will be charged to the payment method that the User has chosen at the time of purchase.

After the extension, the subscription will be for an indefinite period and may be terminated monthly.

Termination

Subscriptions may be terminated by sending a clear and unequivocal notice of termination to the Owner, using the contact details given in this document or - if applicable - by following the instructions on this Website.

If notice of termination is received by the Holder before the end of the current month, the subscription will expire at the end of that month.

User Rights

Right of withdrawal

Unless there is an exception, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.

Who has the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Controller an unequivocal notice of his intention to withdraw from the contract.

To this end, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.

When does the withdrawal period expire?

In the case of contracts for the provision of a service, the withdrawal period expires 14 days after the day of conclusion of the contract, unless the user has waived the right of withdrawal.

Effects of withdrawal

The Holder refunds all payments received including, if made, those relating to delivery costs to Users who have properly exercised their right of withdrawal.

However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will be borne by the User.

Reimbursement shall be made without undue delay and in any event within 14 days of the day on which the Controller was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment as was used for the initial transaction. The User does not incur any costs as a result of the withdrawal.

... on service contracts

If the User exercises the right of withdrawal after requesting that the provision of the service begins before the end of the withdrawal period, the User shall pay the Controller a fee proportionate to the part of the service provided until the User has informed the Controller of his intention to withdraw with respect to the entire service under the contract.

The fee will be calculated on the basis of the contractually agreed price and will be proportional to the part of the service provided until the moment in which the user exercises the withdrawal from the entire service under the contract.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts

Of provision of services after the service has been fully performed, when the performance has begun with the express consent of the User and with the acceptance to lose the right of withdrawal following the full performance of the contract;

Limitation of Liability and Disclaimer

The software and materials provided by this Web Site are intended solely to facilitate Users' compliance with their legal obligations. In particular, although the generation of documents with this Web Site is fully automatic, each and every model clause of which they are composed has been drafted and is constantly reviewed by a team of qualified lawyers. However, it is clear that this is not a substitute for professional legal advice regarding the drafting of a privacy policy, cookie policy or any other legal document or procedure. The Service is intended to provide Users with a starting point, amounting to an extremely sophisticated template form, and therefore cannot, unlike a lawyer, provide any guarantee of compliance with applicable law. No content or service on this site constitutes legal advice or gives rise to a mandate between a lawyer and a client. Depending on the applicable law, there may be additional requirements for Users to comply with the law.

European Users

Indemnification

You agree to indemnify and hold harmless Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with your negligent conduct such as your use of or connection to the Service, your violation of these Terms, or your violation of any third party's rights or laws, to the extent permitted by law.

Limitation of liability for your activities on this Web Site

Unless otherwise stated and subject to the applicable provisions of law regarding product liability, any claim for damages against the Owner (or any natural or legal person acting on its behalf) is excluded.

The foregoing shall not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused with intent or gross negligence, provided that the use of this Website by the User was appropriate and correct.

Unless the damage was caused with intent or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is only liable to the extent of the damage that is typical for the type of contract and foreseeable at the time of conclusion.

In particular, within the limits stated above, the Holder assumes no liability for:

any losses that are not a direct consequence of a breach of the Terms by the Holder;

any loss of earnings or other losses, even indirect, that the User may have suffered (such as, merely by way of example, commercial losses, loss of revenue, profits or anticipated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.)

damages or losses resulting from interruptions or malfunctions of this Website due to force majeure or unforeseen and unforeseeable events and, in any case, independent of the will and out of the control of the Owner, such as, by way of example, failures or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties;

Damage, prejudice or loss due to viruses or other malware contained in or linked to files downloadable from the Internet or through this Website. Users are responsible for taking appropriate security measures - such as anti-virus software - and firewalls to prevent infection or attack and to protect backup copies of all data and/or information exchanged or uploaded to this Web Site.

Notwithstanding the foregoing, the following limitations apply to all Users not acting as Consumers:

In the event of the Owner's liability, the compensation due may not exceed the total amount of payments that have been, will be, or may be contractually owed to the Owner by the User for a period of 12 months or the entire term of the Agreement, whichever is shorter.

Australian Users

Limitation of Liability

Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or protection that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (non-excludable right). To the fullest extent permitted by law, our liability to You, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the option of the Owner, to a re-provision of the Services or payment of the cost of re-provision thereof.

US Users

Disclaimer of Warranty

The Owner provides this Website on an "as is" and as available basis. Your use of the Service is at your own risk. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by You from the Owner or through the Service shall create any warranty not expressly set forth herein.

Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, brand coowners, partners, suppliers and employees do not warrant that the content will be accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through your use of the Service is downloaded at your own risk, and you are solely responsible for any damage to your computer system or mobile device or loss of data resulting from such operation or use of the Service by you.

The Owner does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service hyperlinked. In addition, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services.

The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damages, whether perceived or actual, arising from the content, operation or use of the Service.

Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees be liable for any indirect, intentional, collateral, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Service or your account or the information contained therein; any errors, omissions or inaccuracies in the content; personal injury or property damage of any kind resulting from your access to or use of the Service; any unauthorized access to the security servers of the Owner and/or any personal information stored therein any interruption or cessation of transmissions to or from the Service any bugs, viruses, trojans, or the like that may be transmitted to or through the Service; and any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.

This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give You specific legal rights, and You may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms shall not apply beyond the limits of applicable law.

Indemnification

User agrees to defend, indemnify, and hold harmless Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers, and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, burdens, or debts and expenses, including, without limitation, legal fees and expenses arising out of

Your use of or access to the Service, including any data or content transmitted or received by You;

Your breach of these Terms, including, without limitation, Your breach of any representation or warranty in these Terms; your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;

Your violation of any applicable law, rule, or regulation.

any content posted by the User's account, including, but not limited to, misleading, false or inaccurate information, and including where access is gained by a third party using the User's personal username and password or other security measures, if any

Your willful misconduct; or your violation of any legal provision by you or your affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law

Common Provisions

No Implied Waiver

Owner's failure to exercise any statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed conclusive with respect to a specific right or any other right.

Interruption of Service

In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or any other change, giving appropriate notice to Users.

Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information in accordance with the provisions of the law.

In addition, the Service may be unavailable due to causes beyond the reasonable control of the Data Controller, such as force majeure (e.g. strikes, infrastructure malfunctions, power outages, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Web Site.

Processing of Personal Data through this Web Site

Users acknowledge and agree that by using the Services offered, they instruct this Website to process personal data on their behalf. This implies that, unless otherwise specified, personal data will only be processed to the extent and for the purposes agreed between the Users and the Controller.

The respective Appointment of Data Controller (NRT) Agreement relating to the processing of personal data of data subjects within the European Union therefore forms an integral and binding part of these Terms.

The applicable Service Provider Addendum relating to the processing of personal information of consumers in California therefore forms an integral and binding part of these Terms.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks - whether denominative or figurative - and all other distinctive signs, companies, service marks, illustrations, images or logos that appear in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected in accordance with the legislation and international treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.

The changes will affect the relationship with the User only for the future.

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.

The applicable prior version shall continue to govern the relationship until User's acceptance. Such version may be requested from the Owner.

Any changes to these Terms will be communicated in writing at least one month before they become effective. If the Consumer does not accept the amended Terms, the Consumer shall have the right to terminate the Agreement without prejudice and without any right to compensation within four months from the date on which the amendments to the Terms became effective.

If required by applicable law, the Owner will specify the date by which the changes to the Terms will become effective.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of its rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The provisions regarding the amendment of these Terms shall apply.

The User is not authorized to assign or transfer its rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications relating to the use of this Web Site should be sent to the contact information provided in this document.

Severability Clause

If any provision of these Terms should be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain valid and enforceable.

U.S. Users

Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, effective and consistent with its original purpose.

These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.

These Terms shall be enforced to the fullest extent permitted by law.

European Users

If any provision of these Terms is or becomes void, invalid or unenforceable, the parties will endeavor to mutually agree upon a valid and enforceable provision to replace the void, invalid or unenforceable provision. 

In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable legal provision.

Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of any specific provision of these Terms shall not result in the nullity of the entire Agreement, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the Agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on either party.

Applicable Law

The Terms shall be governed by the law of the place where the Holder is established, as indicated in the relevant section of this document regardless of conflict of law rules.

Exception for European Consumers

However, notwithstanding the foregoing, if You are acting as a European Consumer and are ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

Jurisdiction

The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for European Consumers

The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.

United Kingdom Consumers

Consumers located in England and Wales may bring an action in relation to these Terms in the English and Welsh courts. Consumers located in Scotland may bring an action in relation to these Terms in the courts of Scotland or England. Consumers located in Northern Ireland may bring an action regarding these Terms in the courts of Northern Ireland or England.

U.S. Users

Each party expressly waives any right to a trial by jury in any court in connection with any action or dispute.

Any claim under these Terms must be brought individually, and no party must participate in a class action or other proceeding with or 

US Users

Post-Contractual Effectiveness

This Agreement shall remain in effect until terminated by this Web Site or User. Upon termination, the provisions contained in these Terms which by their nature are intended to survive termination or expiration of the Agreement shall survive, including but not limited to the following:

User's grant of licenses under these Terms shall survive indefinitely;

User's indemnification obligation shall survive for a period of five years from the date of termination; the disclaimers and warranties of and covenants in the indemnity and limitations of liability section shall survive indefinitely.

Dispute Resolution

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European consumer can use this platform to resolve any dispute arising from contracts concluded online. The platform is available here.

Germany: Procedure for resolving consumer disputes before a conciliation body

The Holder does not participate in alternative dispute resolution procedures with consumers under the German Verbraucherstreitbeilegungsgesetz.

France: Mediation

Within one year of sending the Holder a written complaint regarding a dispute arising from these Terms, the Consumer shall have the right to initiate a mediation procedure before: to an institution recognized by the French Government

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