Conditions of use
Acceptance of conditions of use
The following conditions of use (“Conditions of use”) apply to the sites of Amelie Folies srl. (hereinafter called Company), published at the addresses www.ameliefolies.it
By using the site, you agree to be bound to these conditions of use; if you do not agree, please do not use the site.
The Company reserves the right to modify, change, add or remove any provisions of these Conditions of use at any time and without notice. Therefore, you are advised to keep up to date with any changes by regularly reviewing these Conditions of use. If you use the site after the publication of modifications, you will accept those modifications. The Company grants you the personal, non-exclusive, non-transferable and restricted right to access the site and to use it, in accordance to these Conditions of use.
Further terms and conditions for products and services
The purchase of products or the providing of services entails that further terms and conditions will be applied. They should be considered integrated with these Conditions of use.
You agree to be bound to these further additional terms and conditions and you also declare, when asked, to be of the age of legal majority, necessary to use and/or take part to these services or features.
The Company’s obligations with relation to our products and services are carried out solely according to the contracts through which these products and services are provided, and any part of this Website can not be interpreted such as a modification of the aforesaid contracts.
The Company reserves the right to modify any product or service mentioned on the site, as well as the prices of products and services, at any time and without notice. The material about products or services published on the site may include out of date information; the Company has no obligation to correct this material and takes no responsibility as regards it.
All materials, such as texts, graphics, user interface, visual interface, photographs, trademarks, logos, audio, music, illustrations and computer code or other materials (collectively, “Contents”) on this site, including without limitation, design, structure, selection, coordination, expression, appearance and arrangement of these Contents, are owned, controlled or licensed by the Company and are protected by copyright laws, patents, trade dress and trademarks as well as by intellectual property rights and by unfair competition laws.
Therefore, you are not permitted to copy, reproduce, publish, upload, publicly display, codify, translate, transmit or distribute any part of the site and of its Contents on any computer, server, website or any other mean used for the publication, the distribution or any other commercial purpose without the prior consent in writing of the Company.
You may use the information intentionally made available by the Company, provided that you will not copy or publish the information on any computer connected to the Internet or transmit it with any mean, provided also that you will not modify in any way the information and you will not make any declaration or give any additional warranty about this information and these documents.
Use of the website and user conduct
You are prohibited from using techniques, tools, software, automatic mechanisms or algorithms, nor manual processes to access, obtain, copy or monitor any part of the site or of the Contents; you are also prohibited from reproducing or bypass in any way the navigation structure or the presentation of the site or of the Contents, to obtain or attempt to obtain any materials, documents or information with means that were not made available on the site.
In these cases, the Company reserves the right to stop these unlawful activities.
You must not attempt to gain unauthorised access to any part or functionality of the site, other systems or networks linked to the site or to any Company’s server, as well as to the services provided on or through the site, through hacking techniques, unauthorised use of passwords or any other unlawful mean.
You agree not to take any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure of the systems and networks of the Company or of the systems and networks linked to the site or to the Company.
You are prohibited from attempting to probe, scan or test the vulnerability of the site or of any network linked to the site, as well as to breach security or authentication measures. You are also prohibited from tracing or attempting to trace the origin of information about any user or visitor of the site or any customer of the Company, included the Company accounts that are owned by third parties.
You agree not to use any kind of device or software to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the website, as well as with the use of the site by third parties.
You are prohibited from providing false or misleading information about yourself or your business, or create a false identity.
You agree not to use the site or the Contents of the site to carry out unlawful activities or activities prohibited by these Conditions of use, as well as not to incite the execution of unlawful activities or activities that infringe the rights of the Company or of third parties.
You are solely responsible for using the service and for any legal consequences that will fall on the Company and on third parties, according to the Italian civil and penal law, and, when enforceable, according to the foreign law.
You agree not to:
- interfere, destabilize or interrupt the service, the server or the networks linked to the service, act in contrast with any requirement, procedure or rule of the service;
- use the service for unlawful purposes, that is against the public order, public decency and morals;
- use the site to transmit or spread (also through links) unlawful material, pornographic, racist, prejudicial to privacy and/or obscene, vulgar (even if addressed to a public of adults and characterised by nudity and sexual acts), defamatory, slanderous, abusive material or send private information about a third person without his/her consent, inflicting emotional stress on purpose;
- transmit material and/or messages that encourage unlawful behaviour, that can be liable of criminal or civil responsibility;
- create headings or manipulate in other ways trade dresses or indications, with the purpose to fake the origin of a content of the service or the very service;
- use or spread the content of the service that will infringe patents, trademarks, secrets, copyrights or other industrial property and/or intellectual property rights of the provider or of third parties;
- send advertisements and/or promotional materials, that constitute spam, chain letters, as well as any other unauthorised solicitation to discussion groups, social forums and any other communication/aggregation form, also cross posting and/or send messages to users’ addresses that do not have any relationship with the sender; in particular, you agree not to send advertisements by email or to mailbomb, register someone to a mailing list without his/her consent, attempt an unauthorised access to a computer protected by a security system;
- spread viruses or any other technology with the purpose to damage the site or the other user of the site;
- disclose to third persons information about the systems and modalities to access the service.
And you agree to:
- observe, and be sure that other persons who use the service will observe, all the regulations, directives and network procedures linked to this service;
In any case, it is prohibited to use the service to directly and/or indirectly infringe the Italian law or the law of a foreign Country.
You can transmit information obtained by the service to other computer solely for personal use and in any case within your company structure.
You agree that the technical handling, the transmission or the diffusion of the service, included its contents, might include the transmission or the diffusion of the contents through other networks and, therefore, the necessity for the Company or for its providers to modify the service, in order to conform or adapt it to the specification, to the link standards of their networks or to the equipments and to the connection software.
The Company reserves the right to interrupt the access to the website, also of one single user, if it appears, in our sole judgement, that the site is used by infringing the points above mentioned.
Account, password and security
The site provides some services and functionalities that require a compulsory registration with a User ID and a password. You are the sole responsible for maintaining the confidentiality of your account and password and for all the activities that occur under your account: therefore, you are the sole responsible for all the uses, authorised or unauthorised by you. You agree to log off from your account at the end of each usage session of the service.
You are the sole responsible for the security of the usernames and passwords assigned by the Company, and, just in case, also for the updating, the modification and the monitoring of the information spread on the Internet. Therefore, it is your responsibility to adopt all the necessary measures to assure that it is kept secret, properly used and not disclosed to unauthorised subjects.
You agree not to give or disclose (directly or indirectly) to third persons both the User ID and the password and you agree to immediately inform the Company about any theft and/or loss and/or unauthorised use or any other violation to the security of your User ID and password done by third persons, as soon as you become aware of it. However, you might be considered responsible for any damages caused to the Company or to other users or visitors of the Site if your User ID, password or account is used by third persons.
It is not permitted to use the User ID, the password or the account of another user without his/her explicit consent.
Therefore, the Company will not be held responsible for any losses or injuries in case of failure to comply with these obligations and you agree to indemnify and hold harmless the Company from any request, even of any claim for damages proposed and/or directly or indirectly deriving from the use or abuse of the above-mentioned service and/or account.
You take note and agree that the transmissions via Internet are never completely confidential or secure. You recognize that any data or message sent to the Site might be read or intercepted by third parties, even if there is a special notice indicating that a specific transmission (for example the sending of your credit card data) is codified.
The Privacy police document is available at the following web address: http://www.ameliefolies.it/privacy.html
The Company has the right to disclose the user’s information (included your identity) when it considers that this disclosure is necessary because of any investigation or complaint about the user's use of the site, or to identify, contact or initiate proceedings against people that can injure or interfere (intentionally or not) with the rights (included the property rights) of the Company or with the rights of the visitors or users of the site, included the Company’s customers. The Company reserves the right to disclose at any time any information that is considered necessary to fulfil the law, regulations, legal actions or government requests. The Company could also disclose the user’s information in case it is determined that the law in force demands or permits this disclosure, included the information exchange with other companies or organizations, with the purpose to be protected from frauds.
The Company has the right to store any transmission or communication existing between the user and the Company through the site, or any service provided on or by the site, and has the further right to disclose these data if it is requested by the law or if the Company determines that this storing or disclosure is reasonably necessary to respect legal processes, exercise these Conditions of use, answer to the claim that the contents of any communication infringe the rights of third parties, or to protect the rights, the property rights or the personal security of the Company, its employees, the users or the visitors of the site and the public.
General rules for the correct use of the service
You agree to indemnify the Company and its employees and consultants, from any prejudice and damages suffered, from any responsibility, costs, expenses (included legal expenses), as well as to hold them harmless from any action, reason, claim made by third parties caused by behaviours or omissions ascribable to you, or that are a consequence of the non-fulfilment of all the obligations coming from the contract regulation.
Cookies and navigation data
Cookies are necessary to provide information about the application state, enabling some personalization of the site or to know, for example, if a user that asks for the access to a private page has already been authorised.
Cookies are not able to take other data from your hard disk, to transmit viruses or to appropriate of the email address and disappear after the browser has been closed.
You have the right to prevent your browser from accepting new cookies, but then many functions and services of the website will not be available.
Computer systems and software procedures that perform the functions of this website acquire, during their operations, personal data, whose transmission is implicit using the Internet communication protocols.
On the site, there is a statistical tool, that gathers anonymous data about the visits; the data collected will be used with the sole purpose to monitor the site functioning and therefore to improve the service provided.
The Company allows registered users to vote other companies through the website, in order to improve the service provided.
The Company reserves the right to record the name of the rating user, the valuation made and the name of the rated company: the rating data will be used by the Company only and are confidential. The results will not be published on the Internet or given to third parties.
You must not abuse of the rating service and you shall follow the common rules of propriety and, in particular, you agree not to give groundless negative ratings about a company with the sole purpose to denigrate it.
If you infringe the good faith and propriety rules, the Company can decide, in our sole judgement, to suspend, temporarily or permanently, the user’s rating right.
Registering to the website you agree to be rated by the other users, renouncing to any information request about the rating, as they are not personal data, and renouncing also to any dispute or claim for damages against the Company. You agree that, if you do not accept this article, you will not be able to register to the site and your access to the site will be limited.
Exclusion and limitation of Liability
The Company does not guarantee that the site or its contents, services or functionalities are fault-free and that they will always be available, neither it guarantees that any faults will be corrected or that using the site you will have specific results.
The site and its content are provided “AS IS” and as available; all the information on the site is subject to modification without notice.
The Company does not guarantee that any documents or other data downloaded from the site are free from viruses or contaminations or destructive characteristics. The Company makes no representation of warranties of any kind, express or implied, included, but not limited to, warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
In no event will the Company be liable for any act, omission or behaviour of third parties linked or regarding your use of site and/or of any service provided by the Company.
You agree to take charge of any responsibility deriving from the use of the site or linked sites. If you are not fulfilled with the site or its contents, the only remedy will be the termination of use of the site and of its contents.
The above-mentioned limitation of liability is part of the contract between the parts and is applied to any damages, responsibilities and injuries deriving from the malfunctioning, mistake, omission, interruption, erasure, fault, delay in the functioning or transmission, virus, failure in the communication lines, theft, destruction or access, alteration or unauthorised use, deriving from breach, fault, negligence or other cause.
In case of interruption of the service due to your fault, you will not be able to claim to the Company any expense, neither partial, for any title or reason.
Being understood what said in the above mentioned articles, you agree that in no event will the Company be liable to you (or any third parties) for any kind of direct or indirect damage, included any loss of profit, loss of business or loss of data, even if the Company has been advised of the possibility of such damages. As a non-definite example, the Company will not be liable for damages linked to or deriving from:
- the use, the improper use or the inability to use the service;
- the cost of substitute services for the product/service purchased;
- any modification, suspension or termination of the service;
- the unauthorised access or the alteration of transmissions and/or user’s data, included any damages, also economical, sustained by the user because of a failure of profit, use, loss of data or of other intangible elements.
In any case, any express or implied warranties are clearly excluded, insofar as they do not infringe the law in force and with the exception of responsibility for wrongful intent or gross negligence on part of the Company.
You expressly agree that in no event the Company will be liable for omission or mistakes that might be present in the information used at your request for the performance or realization of the service.
You indemnify and hold harmless the Company from any loss, damage, responsibility, costs and expenses, included also legal expenses, deriving from your violating of any of the points in this article.
The Company will be liable for any title deriving from this contract or from the services provided, included any action for faults, non-fulfilment or failure of the mender action, for the sole wrongful intent or gross negligence, and its responsibility will not extend to any damages, which are direct or indirect, unforeseeable or in any way anomalous consequence of a fault or of non-fulfilment such as, for example, loss of profits, financial burdens, costs for the termination of the activity, costs for substitute equipments or services, damages or costs arising from claims by third parties against the user.
You expressly agree that the limitations of liabilities mentioned in these conditions of use are essential conditions for the providing of the services and, outside of what agreed, you renounce, without reserve, to further or different reasons or mender actions.
In the case that, independently from the other provisions of these Conditions of use, the Company is considered responsible against the user of any damage or loss arising from or linked to the use of the site and its contents, in no event the Company responsibility will be higher than the overall price paid by the user for the registration or to use any service or functionality during the three months before the date of the claim made against the Company (excluded the costs for the purchasing of products and services).
You expressly understand and agree that your use of the service and the diffusion and keeping of the information obtained or given through the service is at your sole risk and that you are the sole responsible for any damage to your computer or for the loss of data deriving from your use of the service. You declare that you have looked over the characteristics of the chosen service.
You agree that the Company makes no representation of warranties, express or implied, of merchantability, suitability or fitness for a particular purpose of yours or of third parties and, furthermore, does not guarantee that the service provided will meet your requirements and needs.
You agree that the Company makes no representation of warranties for the results that may be obtained by using the service, about any software and hardware mistakes of the service or about the reliability of any information obtained through the service.
Therefore, the Company will not be liable for any direct or indirect damage arising from the use of the service or from the termination of functioning of the service. The Company makes no representation of warranties for products, materials, goods or services sold, purchased or obtained through this site or through the service or after any dealing made through the service.
Termination of the service
The Company reserves the right to limit, suspend or immediately terminate, at any time and without notice, the use and/or the providing of the service. The Company has the right to disconnect your account (temporarily or cancel your account, if the Company determines, at our sole judgement, that you have caused any problems, legal responsibilities or have infringed the terms of these conditions of use, as well as the law in force (included the Legislative Decree n. 196/2003).
The Company also reserves the right to limit, suspend and/or immediately terminate, at any time and without notice, the use and/or the providing of the service as well as the access to the site or to your account if the Company determines, at our sole judgement, that one of these circumstances has been occurring or is occurring:
- a use of the service that causes a situation of danger or instability of the server, which may cause damages to the Company;
- an anomalous traffic that obstructs the normal providing of the service to other customers;
- if the public authority or third subjects tell to the Company, or the Company itself determines an unlawful, improper use or not in compliance with the national and foreign laws as well as to the “netiquette” rules of the service;
- if the Company determines an use against the moral and public decency or with the purpose to cause harassment to the public or private peace, to cause offense or direct or indirect damage to anyone and to attempt to intercept private messages.
The Company reserves also the right to cancel not confirmed accounts or accounts that have been inactive for long time.
The Company will also assess the material considered «suspect» at our sole judgement and, after a communication with the user for clarifications, will decide about the termination of the service.
In any case, the Company reserves the right to do the following actions at any time and without notice: modify, suspend or terminate the functionalities or the access to the site or to parts of it for any reason; modify or change the site or part of it or any rules or conditions about the site and terminate the site operating or of part of it, if it is necessary for ordinary and extraordinary maintenance operations, to correct mistakes or make other modifications.
You agree that in no event the Company will be liable against you or third parties for the delay or the non-fulfilment of its obligations because of a fortuitous case of majeure force, such as public authority actions, floods, fires, explosions, accidents, also non-company strikes and -- LOCKouts, acts of war, embargoes, transport impossibilities, suspensions or problems with communications, lightning, breakdowns to the equipments not chargeable to the Company, energy flow interruptions or overloads, breakdowns or interruptions in the telephone and computer lines also not chargeable to the activity of the manager (or dealer) of the lines, as well as interruptions or suspensions not chargeable or independent from the will of the Company or from third parties suppliers of the Company itself.
In no event the Company, its employees or administrators, agents and managers will be liable for any damages caused by you and deriving from infringements to these Conditions of use.
You agree to indemnify and hold harmless the Company as well as the subjects linked to or controlled by the Company, its representatives, employees or auxiliaries from any civil or criminal responsibility arising from the use of the site, even if caused by third parties through your account.
Any issue about the access or use of the Site, included any dispute, will be governed by the Italian law and any dispute will be subject to the exclusive Italian jurisdiction, tribunal of Bologna.
If one or more provisions of these Conditions of use are considered invalid or unenforceable, they will be limited or erased and replaced with a valid provision that will convey better the intentions of these Conditions of use, so that the remainder of these conditions will not be affected.
These Conditions of use are the whole agreement between the parts about the use of the site and supersedes all the prior agreements, whether in writing or oral, in relation to this subject matter. Our failure to enforce or rely on any provision will not prevent us from later enforcing or relying upon these Conditions of use; furthermore, any arrangements between the Company and you or third parties will not modify the provisions of the Conditions of use.