Salta al contenuto

Legal Notice

Terms of Use

1. INTRODUCTION

Welcome to the Felce Azzurra website (the “Site”), where these Terms of Use are published. The Site is owned by Paglieri Spa, headquartered at PAGLIERI SpA, S.S. No. 10 to Genoa, km 98 – Alessandria. Please read these Terms of Use carefully before using any Paglieri Spa websites. By using a Site or by clicking a checkbox or link indicating your acceptance of these terms, you agree to be bound by these Terms of Use. If you do not accept these Terms, you will not be able to use the Sites.

If you are a parent or guardian and you provide your consent for a minor to register on any of these Sites, you agree to be bound by these Terms of Use in relation to the minor’s use of the Sites. Some of the services offered on the Sites may be subject to special terms, such as rules for specific contests or other features or activities. These special terms will be published in connection with the relevant service. Such special terms are in addition to these Terms of Use, and in the event of a conflict, they shall prevail over these Terms of Use.
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Sites and receipt of content, applications, materials, and information available on or through the Sites, the possibility of Paglieri Spa using or displaying your submitted material (as defined in Section 3 below, titled "SUBMITTED MATERIAL"), and the potential dissemination of your submitted material.

2. USE OF THE SITES AND CONTENT

The Sites are for personal use only. Use of the Sites for commercial purposes or in any manner that is unlawful or harmful to us or others is prohibited, as determined at our sole discretion. All information, materials, functions, and other content and applications (including Submitted Material as defined in Section 3 titled "SUBMITTED MATERIAL") ("Content") on the Sites are our property, subject to copyright, or the copyrighted property of our licensors and licensees. All trademarks, service marks, trade names, and trade dress are owned by us and/or our licensors or licensees. We reserve the right to modify the Sites or remove Content or features in any way, for any reason, or without reason.
Except where specifically agreed in writing by us, none of the Content on the Sites may be used except as part of the Site itself, nor may it be transmitted, disseminated, or otherwise exploited in any way. However, if a Site is configured to allow the download of specific Content, you may download a copy of such Content to a single computer or mobile device (as applicable) for your personal and private, non-commercial use only, provided that you (a) keep all copyright and proprietary notices intact, (b) do not modify, rent, lease, loan, sell, distribute, disseminate, or copy the Content (except for a single backup copy for personal use), or create any derivative works based, in whole or in part, on the Site or the Content, and (c) do not use the Content in a way that suggests an association with any of our products, services, or brands.
Commercial use, "remailing," or automated, high-volume use of the Sites or transferring their Content to another computer or mobile device is prohibited. If we offer the download of software from a Site and you download such software, including all files, images contained in or generated by the software, and accompanying data (collectively, the “Software”), it is licensed to you by us or by third-party licensors solely for your personal and private use. Ownership of the Software is not transferred to you. Unless permitted by applicable law, you may not distribute or otherwise exploit the Software.
You acknowledge and agree that nothing in these terms transfers, in whole or in part, to you or to any third party, ownership of the trademarks, service marks, trade names, or other proprietary rights of the Sites or the Content. You agree not to act inconsistently with such ownership or in any way that could compromise it.

3. SUBMITTED MATERIAL

In these Terms of Use, the term “Submitted Material” or “Material” refers to any text, messages, ideas, concepts, idea presentations, suggestions, stories, scripts, treatments, formats, graphics, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations, names, likenesses, voices, usernames, profiles, actions, appearances, performances, and/or other biographical information about you and/or others, and/or any similar materials that you submit, post, upload, integrate, display, communicate, or otherwise distribute (collectively, “Distribute”) on or through any of the Sites.
There are two types of Submitted Material: Solicited Submissions and Unsolicited Submissions.
“Solicited Submissions” are:
(a) Materials we explicitly request from you or permit you to provide via a feature or activity on a Site for the purpose of review or display and for which a specific form of compensation or reward has been clearly defined (collectively, “Consideration”), such as prizes or value in games, sweepstakes, contests, or promotions; and
(b) Materials you distribute on or through the Sites in exchange for Consideration (as in our Visitor Services and Public Forums, defined in Section 5 below, titled "PUBLIC FORUMS AND COMMUNICATION").
“Unsolicited Submissions” refers to any and all Submitted Material that does not fall within the definitions in (a) or (b) above.
Unsolicited Submissions
It is our long-standing company policy not to accept or consider unsolicited ideas, suggestions, or creative materials. Therefore, we kindly ask that you do not distribute any Unsolicited Submissions on or through our Sites. This policy is intended to prevent misunderstandings in the event that projects we develop or direct might appear similar to those submitted by others.
If, despite this request, you intentionally or accidentally send us Unsolicited Submissions via or through the Sites, you do so with the understanding that there is no agreement between us regarding any review, compensation, or Consideration for your Unsolicited Submission. You agree that any submission you make is not made in confidence or trust, and you further agree that neither you nor we intend to create such a relationship, nor do you expect any review, compensation, or Consideration of any kind.
Unless expressly stated otherwise in these Terms of Use, all provisions herein apply equally to both Unsolicited and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives, and other authorized users are entitled to use and disclose all Submitted Material and disclaim any liability to you or any person making claims on your behalf regarding the use or disclosure of the Submitted Material. Without limiting the foregoing, by accepting these Terms you grant us (and our licensees, distributors, agents, representatives, and other authorized users), without the need for any additional permission from you or payment to you or any other person or entity, a worldwide, perpetual, non-exclusive, irrevocable, fully paid-up, royalty-free, sublicensable, and transferable license under all copyrights, trademarks, patents, trade secrets, and other intellectual property rights that you own or control. This license authorizes us to use, reproduce, transmit, print, publish, display, exhibit, distribute, redistribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify (including but not limited to removing or replacing music and audio from the Submitted Material with selections of our own), adapt, translate, create derivative works from, publicly perform, and otherwise use the Submitted Material, in whole or in part, in all media formats and through any media channels now known or later developed (including, without limitation, Paglieri Spa group websites, third-party websites, our radio and TV networks and stations, and our platforms, products, and wireless and broadcast services, as well as physical media and theatrical distribution), for any and all purposes, including but not limited to news, advertising, promotional, or commercial use, all without further notice to you and with or without attribution (the “Submitted Material License”).
By submitting Material to us, you represent and warrant that the Submitted Material and your submission of it comply with the Conduct Guidelines (set forth in Section 6 below, titled “CONDUCT GUIDELINES”) and with all other requirements of these Terms of Use. You further represent that you own or have all necessary rights, licenses, consents, and permissions—without the need for permission from or payment to any other person or entity—to use and to authorize us to use the Submitted Material in all manners contemplated by these Terms of Use (including the Submitted Material License).
These Terms of Use (including the Submitted Material License) do not limit any past or future grant of rights, consents, agreements, assignments, or waivers you may have made or may make regarding the Submitted Material.
To the extent your Submitted Material contains original songs or recordings, you represent that you are a member of the appropriate performing rights and/or mechanical rights organizations and that all musical compositions (including lyrics) contained in the Submitted Material can be licensed to us (and our licensees, distributors, agents, representatives, and other authorized users) directly through such organizations. Without limiting the foregoing, whether or not you are a member of such a rights organization, you hereby grant us (and our licensees, distributors, agents, representatives, and other authorized users) a worldwide, perpetual, non-exclusive, irrevocable, fully paid, royalty-free, transferable license to publicly perform any and all musical compositions (including lyrics) and sound recordings included in the Submitted Material.
To the extent we request such submissions through features or activities on any of the Sites (including, without limitation, through games, sweepstakes, contests, promotions, and Public Forums as defined in Section 5, titled “PUBLIC FORUMS AND COMMUNICATION”) that involve the use (in whole or in part) of our copyrighted works, we grant you a non-exclusive license to create derivative works using our copyrighted works (in whole or in part), provided, however, that as a condition of this license, you agree to assign all rights in the works you create to us (and our licensees, distributors, agents, representatives, and other authorized users). If such rights are not assigned to us (or our affiliates), your license to create materials using our copyrighted works shall immediately terminate.
You agree to the above grants of rights, consents, agreements, and assignments regardless of whether your Submitted Material is ever used by us. Under these terms, you appoint us as your agent with full power to execute and deliver any documents or instruments that we may deem necessary to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in these Terms of Use.
You agree that your submission of Material is not made in reliance on any relationship of confidentiality or trust, and you further agree that no such relationship is intended or created between you and us. To the extent that “moral rights,” “ancillary rights,” or similar rights apply to the Submitted Material and are not solely owned by us, and to the extent permitted by law, you agree not to assert such rights against us or our licensees, distributors, agents, representatives, and other authorized users, and you agree to obtain the same agreement from any other party who may hold such rights.
Without limiting the scope of the Submitted Material License or any future assignment of rights, consents, agreements, assignments, and waivers you may make regarding the Submitted Material, you hereby ratify any prior assignment and waiver you have made with respect to the Submitted Material submitted to us.

4. NICKNAME

A Site may require you to create an account or nickname to participate in certain activities or to receive additional benefits. You agree to provide, maintain, and update truthful, accurate, current, and complete information about yourself as required by our registration procedures (“Registration Data”).
You agree not to impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity, including using another person’s or entity’s username, password, or account information, or the name, likeness, voice, image, or photo of someone else, or falsely claiming to be a parent or guardian when such information is required by our registration process.
You acknowledge and agree that we reserve the right to verify the accuracy of the information you provide, including performing real-time checks on any mobile numbers you may submit.
You also agree to promptly notify us of any unauthorized use of your username, password, or other account information, or any other breach of security that you become aware of involving or related to the Sites. Additionally, you agree to log out of your account at the end of each session.
We reserve the right to suspend or terminate your account and your ability to use the Sites, or any part of them, if you impersonate another person or entity, misrepresent your identity in any way, fail to comply with these Terms of Use or with any special terms related to a specific service, infringe copyright, or for any other reason.

5. PUBLIC FORUMS AND COMMUNICATIONS

“Public Forum” means any area, site, or feature on a Site that enables users or visitors to post Submitted Material to be viewed by one or more users or visitors, including but not limited to chat rooms, online message boards, instant messaging, mobile messaging, social community environments, profile pages, conversation pages, blogs, and email functions (including e-cards and “send-to-a-friend” features).
You acknowledge that Public Forums and the features offered within them are generally public communications and not private—except for private chat and instant messaging, which under Italian law and as outlined by the Italian Constitution, are considered private communications. Such private communications are not stored or disclosed in any way, although before you send a message, we may use an automated computer system to ensure its content is appropriate for the Site environment.
Please be aware that whenever you disclose personal information online in a Public Forum, that information may be seen and used by strangers. We cannot ensure the security or privacy of any information you choose to disclose via these communication features; you do so at your own risk. We strongly advise you not to share personal details (e.g., phone number, email address, or home address) about yourself or others in a Public Forum.
Section 15 below provides more details on our Privacy Policy.
You are and remain solely responsible for any Submitted Material you post on or through any of the Sites, any material posted under your username or otherwise by you in a Public Forum, and for the consequences of such submission and posting. You acknowledge that you use any Submitted Material on a Public Forum at your own risk. For example, we are not responsible for and do not endorse the opinions, advice, or recommendations posted or sent by users in a Public Forum, and we expressly disclaim all liability related to such content.
Except for private chat and instant messaging, we reserve the right to monitor, refuse to post, or edit Submitted Material at our sole and absolute discretion, without notice, especially if it does not comply with the Conduct Guidelines. However, we are under no obligation to do so or to monitor Public Forums. If we choose to review Submitted Material, there may be a delay in its posting to a Public Forum to allow time for review.
If we have questions about your Submitted Material, including but not limited to copyright concerns, we may contact you for further information—for example, to verify that you hold the copyright or have permission to publish the content.
When participating in a Public Forum, never assume that other users are who they claim to be, that they know what they say they know, or that they are affiliated with whom they claim to be affiliated. Information obtained from a Public Forum may not be reliable, and it is not advisable to act on, conduct business, or make investment decisions based solely or largely on information whose accuracy cannot be verified. We are not responsible for the accuracy of any Submitted Material found in a Public Forum, nor are we liable for any business, investment, or other decisions—or for any actions taken or not taken—based on such information or content.
Your ability to access and browse Public Forums and/or to submit and/or post Material to a Public Forum may be subject to age restrictions and/or related procedures or terms and conditions, which we may revise at our sole discretion at any time and for any reason. Any such restrictions, procedures, and terms and conditions will be posted on the applicable Public Forum where relevant.

6. CONDUCT GUIDELINES

The following Conduct Guidelines apply to the Sites. By using the Sites, you agree not to submit any Material that is:
(a) defamatory, offensive, annoying, threatening, or invasive of another person’s privacy;
(b) bigoted, derogatory, racially offensive, or otherwise objectionable;
(c) violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or
(d) otherwise harmful to individuals or entities; unlawful or promoting or encouraging illegal activity or discussions with the intent to commit them, including but not limited to content that depicts or attempts to engage in child pornography, stalking, sexual assault, fraud, trafficking of obscene or stolen materials, drug dealing or abuse, harassment, theft, or conspiracy to commit a crime;
infringes or violates the rights of others, including:
(a) copyrights, patents, trademarks, trade secrets, or other proprietary or contractual rights;
(b) rights of privacy (in particular, you must not distribute personal information of others without their explicit consent) or publicity; or
(c) confidentiality obligations;
relates to commercial or business matters, or advertises or offers to sell products, services, or other items (whether for profit or not), or solicits others to do so (including requests for contributions or donations);
contains viruses or other harmful components, tampers with, impairs, or otherwise damages the Sites or connected networks, or interferes with any person's or entity's use or enjoyment of the Sites;
is antisocial, disruptive, destructive, including behavior commonly known online as “flaming,” “spamming,” “flooding,” “trolling,” or “griefing”;
OR is unrelated to the topic or theme of the Public Forum.
You acknowledge and agree that, while using the Sites, you may be exposed to Submitted Material from various sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of such Submitted Material. We cannot guarantee, and do not guarantee, that other users will comply with the Conduct Guidelines or other provisions of these Terms of Use; you may be exposed to content that is inaccurate, offensive, indecent, or otherwise objectionable.
By agreeing to these terms, you accept the risks of any personal harm resulting from such non-compliance.

7. COOPERATION; REMOVAL OF SUBMITTED MATERIAL

Without prejudice to any other rights provided under these Terms of Use or by law, we reserve the right—but disclaim any obligation or liability—to (a) refuse to publish, communicate, or remove from the Sites any Submitted Material that violates these Terms of Use (including the Conduct Guidelines); and (b) to the extent permitted under applicable law, identify any user to third parties and/or disclose to third parties any Submitted Material or personally identifiable information, if we believe in good faith that such identification or disclosure (i) is necessary to comply with the law, including, for example, compliance with a court order or subpoena, or (ii) will help enforce these Terms of Use (including the Conduct Guidelines) and/or the rules of our contests, sweepstakes, promotions, and games, and/or protect the safety of individuals or property, including that of the Sites.
We also reserve the right to remove any Submitted Material at any time, for any reason or for no reason at all.
If you believe that any Submitted Material does not comply with these Terms of Use (including the Conduct Guidelines), you may report such material to us by following the procedure described on the Sites. Following such a report, we may (but are not obligated to) take appropriate action at our sole discretion.

8. DISCLAIMERS

The information, content, and materials on the Sites are provided “as is,” and we make no representations or warranties regarding such information, content, and materials. In particular, we do not guarantee that the functions contained in the information, content, and materials on the Sites (including, without limitation, Submitted Material) will be accurate, complete, or up to date, or that they will be uninterrupted or error-free, that defects will be corrected, or that the Sites, servers, software, or other devices that make such information, content, and materials available are free of viruses or other harmful components. You assume all costs related to any necessary servicing, repair, or correction.
We make no warranty or representation regarding the use or the results of the use of the information, content, materials, products, or services provided or offered, made available, or otherwise released on the Sites, including but not limited to Submitted Material or third-party websites or services linked to or from the Sites, in terms of correctness, accuracy, completeness, reliability, or safety.
Applicable law may not allow the exclusion of implied warranties, so the exclusions above may not apply to you. This does not affect your consumer rights.
The Sites may contain (or you may be sent through the Sites) links to other websites (“Third-Party Sites”), as well as articles, advertisements, photographs, text, graphics, pictures, designs, music, sound, software, applications, information, and other content or items originating from third parties (“Third-Party Content”). We expressly disclaim any responsibility for the accuracy, completeness, appropriateness, or availability of the information, content, and materials found on Third-Party Sites or in Third-Party Content.
We cannot ensure that you will be satisfied with any products or services that you purchase from a Third-Party Site linked to a Site, or with any information, content, or materials from third parties available on our Sites (including, without limitation, Submitted Material in Public Forums). We do not endorse third-party merchandise and have not taken any steps to confirm the accuracy, completeness, or reliability of any information, content, or materials contained on Third-Party Sites or in Third-Party Content.
We make no representations or warranties about any Third-Party Sites listed on our Sites or about any Third-Party Content, and we accept no responsibility for the content, availability, accuracy, relevance, copyright compliance, legality, or decency of material contained in such sites or content. Nor do we make any warranties regarding the security of any information, content, or materials (including, for example, credit card and other personal information) that any third party may request from you.
You irrevocably waive any claim against us regarding information, content, and materials on our Sites (including, without limitation, Submitted Material), on Third-Party Sites, or in Third-Party Content (including, without limitation, credit card or other personal information).
We strongly encourage you to conduct any investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. In addition, any content related to health or medical issues is not intended to replace professional medical advice. Always consult your doctor regarding any health concerns. If you believe you require urgent medical assistance, contact your doctor or emergency services immediately. You rely on the information provided on the Sites strictly at your own risk.

9. ACCOUNT AND NICKNAME RESPONSIBILITY

You are responsible for maintaining the confidentiality of your username(s), password(s), and account(s), as well as for all activities carried out under your account(s). Under these Terms, you agree to indemnify, defend, and hold harmless us and our group companies (as defined by the Companies Act 1985), along with our and their licensors, licensees, distributors, agents, representatives, authorized users, and each of their respective resellers, service providers, suppliers, and all of their respective directors, officers, owners, employees, agents, representatives, and successors (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, claims, penalties, sanctions, expenses, and costs (including settlement fees and other legal fees or expenses arising from investigation or defense of actual or threatened legal claims) incurred by the Indemnified Parties in connection with any claims arising from your violation of these Terms of Use or from your use of the Sites and/or your account(s).
You agree to fully cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to retain separate counsel and to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. OUR LIABILITY

We do not in any way limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
Subject to applicable law, we, our group companies, and our licensors or licensees (as well as those of our group companies), and their respective resellers, distributors, service providers, or suppliers, disclaim all liability for any loss, damage, cost, or expense incurred in connection with our use of software, applications, devices, or other material provided by you in relation to your use of the Sites, or for any losses that are not a reasonably foreseeable result of:
(a) your use of the Sites or the content, or your inability to use them; or
(b) the conduct or actions, whether online or offline, of users of the Sites or other persons or entities—even if we have been advised of the possibility of such damages.
With regard to your use of the Sites for mobile device-related services, we disclaim all liability for defects in the Sites or mobile services, including cases where your mobile device is incompatible with the content you ordered, or where your mobile device lacks connectivity, or you have provided an incorrect mobile number.
We reserve the right to modify the Sites or remove content, features, or services provided through the Sites in any manner, at any time, and for any reason or no reason at all.
The limitations, exclusions, and disclaimers of liability set forth in this section or elsewhere in these Terms of Use shall apply to the maximum extent permitted by applicable law.

11. EVENTS BEYOND OUR REASONABLE CONTROL

We shall not be held liable or responsible for any delay or failure to perform our obligations under these Terms of Use if such delay or failure is caused by events beyond our reasonable control, including, without limitation, acts by third parties such as network operators.
These Terms do not affect your statutory consumer rights.

12. GOVERNING LAW

These Terms of Use are governed by and interpreted in accordance with the laws of England and Wales. The courts of London, England, shall have exclusive jurisdiction over any actions or claims arising out of or related to these Terms of Use, and by accepting them, you agree to submit to the personal jurisdiction of those courts—provided that nothing herein prevents the application or enforcement of mandatory and applicable laws.
We make no representation that the information, content, or materials on the Sites (including Submitted Material) are appropriate or available for use in any particular location. Your decision to access the Sites is made on your own initiative, and you are responsible for ensuring compliance with all applicable laws, including local laws in your jurisdiction.

13. AMENDMENTS TO THESE TERMS OF USE

We reserve the right, at our sole discretion, to modify, add, or remove portions of these Terms of Use at any time, whether permanently or temporarily. Should we do so, we will inform you of any such changes, modifications, additions, or deletions by sending an email to the last email address you provided to us and/or by prominently posting a notice of such changes on the Sites governed by these Terms of Use.
Such changes, modifications, additions, or deletions will take effect on the seventh (7th) day after we send you electronic notice, or seven (7) days after we post the notice on the Sites, whichever comes first.
If you disagree with any permanent modification, you have the right to cancel your account. Please note that you are responsible for keeping your personal information and email address up to date at all times. If the last email address you provided to us is invalid, or for any other reason prevents us from successfully delivering the aforementioned notice, our dispatch of the email containing such notice shall nonetheless constitute effective notice of the changes, modifications, additions, or deletions described in the notice.

14. TERMINATION

These Terms of Use remain in effect until terminated by either you or us. You may exercise your right to withdraw from these Terms of Use at any time by ceasing to use the Sites and destroying all materials obtained through the Sites, along with any related documentation and all copies and installations, whether made under these Terms of Use or not. We may immediately terminate these Terms of Use with respect to you (including your access to the Sites and any and all Paglieri Spa Group websites) at our sole discretion, including, but not limited to, if you breach or fail to comply with any material terms or provisions of these Terms of Use. Upon termination of these Terms of Use, you agree to cease using the Sites and to destroy all materials obtained from the Sites, along with any copies, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that, in appropriate circumstances, allows us to terminate these Terms of Use with respect to users whose accounts have repeatedly infringed copyright. Any fraudulent, offensive, or otherwise unlawful activity may be grounds for termination of your account at our sole discretion and may be reported to law enforcement authorities. The provisions of these Terms of Use which by their nature should survive termination shall remain in effect after such termination.

15. PRIVACY POLICY

A Site may request the submission of Material through features or activities such as contests or Public Forums. If, in response to our request, you provide personally identifiable information as part of such Submitted Material (excluding Public Forums where you choose to publicly disclose personal information as described in Sections 3 and 5 above), our Privacy Policy—or the specific Privacy Policy applicable to a Site at the time of collection—will generally apply. Please refer to our Privacy Policy for more information on how we collect and store the personal information you provide when using the Sites.

16. GENERAL PROVISIONS

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. If we do not take legal action against you in the event of your breach of these Terms of Use, this shall not be considered a waiver of our rights with respect to that breach, and we may still enforce our rights and remedies in any other situation where you violate these Terms of Use. Unless expressly stated otherwise, these Terms of Use are not intended to benefit, and shall not be enforceable by, any person who is not a party to them under applicable law or otherwise, except that any company within our group may enforce any provision of these Terms of Use as if it were a party to them.

Alessandria, 30 August 2012

For further details, you can write to us at: PAGLIERI SpA, S.S. No. 10 to Genoa, km 98 - Alessandria - email: privacy@paglieri.com