Acceptance of Terms
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country in which such distribution or use would be contrary to law or regulation or which would subject us to any registration requirements within such jurisdiction or country. Accordingly, persons who choose to access the Site from any country do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Intellectual Property Rights
By using the Site, you represent and warrant that:
- all registration information you submit will be true, accurate, current and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- you are not a minor in the jurisdiction in which you reside;
- you will not access the Site by any automated or non-human means, whether through a bot, script or otherwise;
- you will not use the Site for illegal or unauthorized purposes;
- your use of the Site will not violate any applicable laws or regulations. If you provide any information that is false, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You must register to use the Site. You agree to keep your password confidential and will be responsible for all uses of your account and password. We reserve the right to remove, claim or change a selected username if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
The contract is valid and effective from the date of the conclusion of the contract. Upon expiration of the contractual period, this Agreement will of course terminate, i.e., there will be no tacit renewal.
Without prejudice to any other hypothesis of termination of the contract provided for:
- in case of non-payment in full of the consideration due within the agreed terms;
- in the event that a party is subject to bankruptcy proceedings, involved in criminal proceedings for fraud or other crimes related to computer crime;
- in case he/she has violated the terms, in our unquestionable judgement, of use of the Site.
The cessation, for any reason, of the effects of this contract will not make less the obligation of the customer to pay entirely to Massimo Gobbo the sums due as compensation for services already used, if not yet paid.
Price plan, payment modalities of the Services
The fee applied to the Client for the use of the Services offered by Massimo Gobbo is contained in the Proposal.
Invoices will be issued according to the modalities indicated in the Proposal.
The payment of the invoices issued by Massimo Gobbo will have to be done in the terms and with the modalities indicated in the Proposal. The non-payment at due date will determine the suspension of the Services, but not the termination of the contractual obligations.
In case of delay in the payment of any amount due by the Client:
- Massimo Gobbo reserves the right to shut down the services (in whole or in part) and the customer will be able to obtain the reactivation only after payment; it is understood that for the period in which the services will be deactivated no refund or compensation will be due to the customer for the non-provision of services.
- The Customer will be required to pay the amount due;
- Massimo Gobbo will be entitled to the compensation of the costs incurred for the recovery of the sums not timely paid, subject to proof of greater damage.
You may not access or use the Site for any purpose other than that for which it is made available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
- Deceive, defraud or mislead us and other users, particularly in an attempt to learn sensitive account information such as user passwords.
- Evade, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the site in a manner inconsistent with any applicable law or regulation.
- Use the Site to advertise or offer to sell goods or services other than as intended.
- Engage in framing or unauthorized linking to the Site.
- Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Site or modifies, alters, interrupts, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as the use of scripts to post comments or messages, or the use of any data mining, robots or similar data gathering and extraction tools.
- Remove copyright or other proprietary rights notices from any Content.
- Attempt to impersonate another user or person or use another user’s username.
- Sell or otherwise transfer your profile.
- Upload or transmit (or attempt to upload or transmit) any material that serves as a passive or active information gathering or transmission mechanism, including, without limitation, clear graphic interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate or threaten our employees or agents engaged in providing any part of the Site to you.
- Attempt to circumvent any Site measures designed to prevent or restrict access to the Site, or any portion of the Site.
- Decipher, decompile, disassemble or reverse engineer any software that comprises or in any way constitutes any part of the Site.
- Except as may be the result of a standard search engine or Internet browser, use, launch, develop or distribute any automated system, including without limitation, spiders, robots, cheat utilities, scrapers or offline readers that access the Site or use or launch unauthorized scripts or other software.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or Content for any revenue-generating enterprise or commercial enterprise.
User Generated Content
Your Submissions can only be viewed by other users of the Site, so any Submissions you transmit may be treated as confidential and proprietary. When you create or make available any Submission, you represent and warrant that:
- Creating, distributing, transmitting, displaying or performing, and accessing, downloading or copying your Submissions does not and will not violate the proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, of any third party.
- Your Submissions are not false, inaccurate or misleading.
- Your Submissions are not advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of unsolicited or unauthorized solicitation.
- Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
- Your contributions are not used to harass or threaten (in the legal sense of these terms) other people or to promote violence against a specific person or class of people.
- Your contributions do not violate any applicable law, regulation or rule.
- Your contributions do not violate the privacy or publicity rights of any third party.
- Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner.
- Your Submissions do not violate any applicable laws regarding child pornography, or otherwise intended to protect the health or welfare of minors.
- Your contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical disability.
By posting your Submissions anywhere on the Site, you automatically grant and represent and warrant that you have the right to grant us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, transmit, retitle, archive store, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such Submissions (including, without limitation, your image) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Submissions and to grant and authorize sublicenses of the foregoing. Use and distribution may be in any media format and through any media channel.
This license will apply to any form, medium, or technology now known or later developed and includes our use of the name, company and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and business images provided. You waive all moral rights in your Submissions and warrant that moral rights have not otherwise been asserted.
We do not claim any ownership over your Contributions. You retain full ownership of all of your Submissions and any intellectual property or other proprietary rights associated with your Submissions. We are not responsible for any statements or representations in your Submissions made by you in any area of the Site. You are solely responsible for your Submissions to the Site and you expressly agree to release us from any and all liability and to refrain from taking any legal action against us with respect to your Submissions.
We have the right, in our sole and absolute discretion,
- edit, obscure or otherwise change any Submission;
- reclassify any Submissions to place them in more appropriate locations on the Site;
- pre-select or delete any Submission at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relating to the Site (“Submissions”) you provide is non-confidential and will become our exclusive property. We shall have exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any legal, commercial or other purpose, without acknowledgement or compensation to you. You hereby waive all moral rights in such Submissions and warrant that such Submissions are original or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Submissions.
We reserve the right, but not the obligation, to:
- in our sole discretion and without limitation, refuse, restrict access, limit availability, or disable (to the extent technologically feasible) any Submission or portion thereof;
- in our sole discretion and without limitation, notice or liability, remove from the Site or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems;
- otherwise operate the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Term and Termination
Changes and Terminations
We reserve the right to change, modify or remove the content of the Site at any time or for any reason at our sole discretion without notice. However, we are under no obligation to update the information on our site. We also reserve the right to change or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.
Terms of Law
Any dispute arising out of the relationship between the parties to this agreement shall be determined by an arbitrator who shall be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Arbitration Centre located in Strasbourg, and which are in effect at the time of submission of the request for arbitration, and the adoption of which constitutes acceptance of this clause. The place of arbitration shall be Udine, Italy. The language of the proceedings shall be Italian. The applicable substantive law shall be the laws of Italy.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined to any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on the basis of class action or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in an alleged representative capacity on behalf of the general public or any other person.
Exceptions to Arbitration.
The Parties agree that the following Disputes are not subject to the above provisions for binding arbitration: (a) Disputes seeking to enforce or protect, or concerning the validity of, any Intellectual Property Rights of a Party; (b) any Dispute relating to, or arising out of, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any request for injunctive relief. If this provision is held to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision held to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within the courts listed by jurisdiction above and the Parties agree to submit to the personal jurisdiction of such court.
Limitations of Liability (Disclaimer)
The Site is provided “as is” and as available. You agree that your use of the Site and our services shall be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations as to the accuracy or completeness of the content of the site or the content of any website linked to the site and will not be liable for any:
- error or inaccuracy of content and materials;
- personal injury or property damage, of any kind, resulting from access to and use of the site;
- any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein;
- any interruption or cessation of transmission to or from the Site;
- any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Site by any third party;
- any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the site.
We do not warrant, endorse or assume responsibility for any product or service advertised or offered by any third party through the Site, any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third party product or service provider. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, lost data, or other damages arising out of your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything in these Terms, our liability to you for any cause of action, and regardless of the form of the action, will always be limited to the amount paid, if any, by you to us during the first year of your use of the Site, prior to any cause of action. Certain U.S. and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
We will retain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform routine data backups on a regular basis, you are solely responsible for any data that you transmit or that relates to any activity that you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of such data and you waive any right of action against us arising from such loss or corruption of such data.
To resolve a complaint regarding the Site or to receive further information about your use of the Site, please contact us at:
Via Nazionale 40/A
33010 Tavagnacco, UDINE, Italy
Last update: April 06, 2021