TERMS AND CONDITIONS OF USE
This web site (hereinafter "Web Site") is owned by Cedac Sistemi S.r.l. (hereinafter "Cedac") with registered office at Via Toscana 3, 40035 Castiglione dei Pepoli (BO) - Italy.
The following Terms and Conditions govern access to the Web Site and its use. Furthermore, specific terms and conditions of use shall apply to specific content, data, material or information contained in this Web Site (hereinafter "Content") or to specific content, data, material or information that the user submits, presents and/or publishes on the Web Site (hereinafter "User Content") or to transactions completed via the Web Site. These specific terms and conditions of use shall be added to these Terms and Conditions of Use and, in the event of discrepancy, only if expressly indicated, shall prevail over them.
1. Acceptance of the Terms and Conditions of Use
By accessing or using this Web Site, the user agrees to be bound by the Terms and Conditions of Use, by all of the terms and conditions contained or cited herein and/or by any additional terms or conditions envisaged in this Web Site. In the event of non-acceptance of all of the aforementioned conditions, the user is NOT authorised to enter and use the Web Site.
2. Modification of the Terms and Conditions of Use
Cedac reserves the right to modify these Terms and Conditions of Use at any time, and the modified Terms and Conditions of Use shall be applicable from the moment in which they are published. If the user continues to enter or use the Web Site after said publication, it is assumed that the user has accepted these changes. The user is advised to regularly verify the conditions applicable.
Cedac reserves the right to eliminate, modify or update the Web Site and relative Content at any time and without notice. Cedac also reserves the right to limit, refuse or suspend access to the Web Site, or any part of it, wholly or partially, by any user, at any time, effective immediately, without notice and at its own exclusive discretion and for any reason whatsoever.
3. Protection of Privacy
Use of the personal data provided or collected through this Web Site or in connection with it shall take place exclusively in accordance with the Cedac Privacy Protection Policy, and these Terms and Conditions of Use are subject to the Cedac Privacy Protection Policy, as published on this Web Site.
Cedac does not guarantee that the site or its relative content, services or functions are error-free or available uninterruptedly, or that any defects will be corrected or that use of the site by users will provide specific results. The site and its contents are provided “as is" and according to availability. All of the information provided on the site is subject to change without notice. Cedac cannot guarantee that any documents or other data downloaded from the site will be free from viruses, contamination or destructive components. Cedac disclaims all warranties, express or implied, including but not limited to guarantees of accuracy, non-infringement, marketability and fitness for a particular purpose. Cedac declines any responsibility for actions, omissions or behaviours by third parties connected or relative to use of the site and/or any other Cedac service by the user, and the user accepts full responsibility for use of the site and of the related sites. If the user is not satisfied with the site or its contents, the only remedy shall be to cease using the site or its contents. The aforementioned limitation is an integral part of the contract between the parties.
This is a public web site. As a result, the user cannot expect confidentiality in the processing of any User Content submitted to the Web Site. Therefore, confidential information must not be submitted.
Cedac and its group companies, affiliates, partners, licensors and suppliers decline any and all responsibility for any interruptions or omissions in the Internet, network or hosting services and do not guarantee that the Web Site, the services that make it available or the sending of electronic communications by Cedac are free from viruses or other harmful components.
Downloading or other operations carried out through this Web Site and involving any material shall take place at the user’s discretion and risk. In this respect, the user accepts full responsibility for any damage to his or her computer system or loss of data caused by the downloaded content.
In order to allow access to specific areas of the Web Site and use certain functions or parts of the Web Site, the user may be required to register as a contributor; this registration is free of charge.
Upon registration, the user must choose only one username/nickname and password and provide only one e-mail address that is valid, active and verifiable. The presence of identical usernames and e-mail addresses is not permitted; if the name or e-mail address entered by the user has already been used, the user will be asked to select a different one. Cedac will send the user a confirmation e-mail containing the registration information: in the event of non-delivery of said information, for any reason, access or use of areas, functions or parts of the Web Site for which said registration is necessary may be denied or suspended. Users are required to promptly update their registration information so that it is accurate and valid. Users also accept sole responsibility for ensuring the confidentiality of their password. Cedac reserves the right to modify a user's nickname, eliminate the content submitted by said user from the Web Site, or reject or delete registration at its sole discretion if it considers the name selected to be obscene, indecent, vulgar or otherwise inappropriate. The user also accepts full and sole responsibility in limiting access to his or her computer or computers. Furthermore, users accepts full and sole responsibility for any activity regarding their account, username and/or password attributable to their conduct, lack of intervention or negligence. Users who become aware of suspicious or unauthorised behaviours involving their accounts, usernames and/or passwords agree to immediately contact Cedac at http://www.mywakes.com/contact.aspx. Cedac reserves the right, at its own discretion, to block users from registering with specific e-mail services or Internet service providers.
6. User submissions
When entering User Content into the Web Site, users guarantee that the material is appropriate, constructive and relevant and that it does not contain any elements that are potentially illegal or in any case inappropriate for publication, including, by way of example and not limited to, items that are (1) potentially libellous or offensive towards other individuals or entities, (2) potentially damaging for individuals or property or slanderous or harassing with respect to individuals or organisations, (3) potentially in violation of the rights (including those on privacy and advertising) of any individual, (4) pornographic, obscene, offensive, vulgar, indecent or threatening in nature, (5) culturally, ethnically or otherwise questionable in nature, or (6) such as to suggest or encourage any illegal activity.
Users must make every reasonable effort to identify the presence of and remove any virus or other harmful elements in the material submitted. Users must also refrain from sending chain letters, pyramid diagrams, surveys and solicitations through the Web Site. Users shall not falsify names or manipulate identification information or other data in order to conceal the origin of any Content and/or User Content transmitted through the Web Site, nor disguise their presence on the Web Site. Users shall also refrain from interfering with or manipulating Cedac sites, servers or networks and from undertaking initiatives that would impose an unreasonable or disproportionate burden on Cedac’s infrastructure.
The user confirms, declares and guarantees that the User Content sent to the Web Site does not violate any third-party ownership rights, including but not limited to copyrights, trademarks, patents or confidentiality requirements.
The user acknowledges and accept that his/her ideas, submissions, discussions or any other User Content sent to the Web Site and which are not subject to protection with respect to intellectual property rights may be used by any other user without any compensation or recognition owing.
The user grants to Cedac a worldwide, irrevocable, royalty-free, non-exclusive, transferable licence (with right to sub-licence) to use, reproduce, create derivative works, distribute, publicly use, publicly display, send and publish the User Content submitted by said user to this Web Site, in any other Cedac site or in Cedac's marketing or public relations material, via any means.
The user accepts full and sole responsibility for the User Content and for any consequences resulting from its sending, transmission and/or publication. Cedac reserves the right, without any obligation in this respect, to examine and monitor the User Content before and/or after transmission. Despite this, the user acknowledges that it is impossible for Cedac to verify and monitor all User Content. Therefore, Cedac declines all responsibility regarding the accuracy, completeness, quality or validity of the User Content sent to the Web Site by third parties.
Cedac does not endorse any User Content or any opinion, recommendation or suggestion contained therein, and it accepts no responsibility whatsoever of any kind regarding said User Content.
Cedac reserves the exclusive right and faculty to modify and/or eliminate, for any reason, at any time, without any notice or authorisation and at its own discretion, messages or any other User Content that is questionable, improper or otherwise contrary to these Terms and Conditions of Use. Users who believe that certain User Content is questionable and improper are invited to immediately contact Cedac at http://www.mywakes.com/contact.aspx. Upon receipt of these reports, Cedac will make every reasonable effort to take the measures deemed necessary, within a reasonable timeframe. Given the non-automatic nature of this process, users are advised that immediate removal or modification of the offending Content may not be possible.
7. Limitation of liability
Cedac accepts no responsibility whatsoever for direct, indirect, consequential, punitive, special, accidental or any other type of damage resulting from, caused by or related to access or use of this Web Site and of the relative content and user content or to the impossibility of accessing the same, even in the event in which Cedac has been informed of the possibility of said damage, with the sole exception of cases of fraud and/or gross negligence.
If the user lives in a country or state where the above limitations of liability or the exclusions under paragraph 4 above or paragraph 8 below are not permitted, said limitations and exclusions shall be applicable only to the extent to which they are permitted. In said case, the limitations and exclusions in question will apply to the full extent permitted by the applicable law.
8. Third-party content/software
Cedac accepts no responsibility for the content of any site owned by third parties and connected to the Web Site via hyperlinks, regardless of the fact that said link is provided by the Web Site or by a third party in accordance with the Terms and Conditions of Use. The presence on the Web Site of links to other sites does not entail approval of the same, nor does it imply a judgement or guarantee regarding the precision, timeliness or suitability of the content of the sites to which the Web Site is linked, and Cedac accepts no responsibility whatsoever in this respect.
Any software downloaded from or through this Web Site is provided on a licence basis according to the conditions of the applicable licence agreements. Without prejudice to the provisions of the applicable licence agreement, use of the software is permitted exclusively for final users and any further duplication, reproduction or redistribution is expressly prohibited. Any guarantees regarding said software shall be valid exclusively to the extent expressly indicated in the applicable licence agreement. Cedac expressly denies any other statement or guarantee of any kind, express or implied, including guarantees of marketability, fitness for a particular purpose or non-infringement in relation to the software.
9. Copyrights and trademarks
The copyright and all other ownership rights regarding the Content provided by Cedac and by its affiliates, group companies and/or partners, the software used for management and publication on the Web Site, compilation of the data on the Web Site and the order, sequence and planning of the Web Site belong entirely to Cedac. All Content rights not expressly agreed upon in these Terms and Conditions of Use are reserved.
10. Property rights on the Web Site
This Web Site is public and any information sent shall not be considered confidential. The user acknowledges that the presentation of any invention included in the Content submitted is tantamount to its "publication", pursuant to the applicable law on patents.
The user also acknowledges that any User Content presented and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights in favour of Cedac. If the user intends to exploit any idea, proposal, suggestion, solution or any other User Content presented on the site, said user must first obtain all of the authorisations envisaged by the applicable intellectual property rights prior to exploiting them.
11. Indemnity and exclusion of liability
The user agrees to hold harmless Cedac, as well as its respective executives, managers, employees, shareholders, legal representatives, agents, successors and transferees and to release them from any liability for damages, charges, costs and expenses (including reasonable legal and professional fees and legal expenses) resulting from the publication, content or transmission of any message, information, material or other User Content published on the Web Site, or from any violation of these Terms and Conditions of Use by the user. In the event of complaints or legal action due to messages or User Content submitted by the user, Cedac reserves the right to reveal the identity of the user, along with any other pertinent information in its possession.
In the event of disputes with other users, the user releases Cedac, as well as its respective executives, managers, employees, shareholders, legal representatives, agents, successors and transferees, from any responsibility for complaints, demands and damages (actual and consequential) of any kind and nature, known and unknown, resulting from or in any way connected to said disputes.
12. Closure of the Web Site
Cedac reserves the exclusive right to close all or part of the Web Site at any time, for any reason, without notice and without requiring authorisation. Cedac declines any responsibility for the storage or elimination of any Content and/or User Content published on the Web Site.
13. Resolution of disputes
These terms and conditions of use are governed by Italian Law. The user accepts Italian jurisdiction in the event of disputes, claims or legal proceedings resulting from or attributable to these Terms and Conditions of Use or to the use of this Web Site by the user, including, among other things, any disputes regarding the existence or validity of these Terms and Conditions of Use.
Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Any dispute regarding these terms and conditions shall be under the exclusive jurisdiction of the Court of Bologna, with the express exclusion of any other pertinent Court.
If, for any reason, one or more of the articles of these terms and conditions are considered null or invalid, it is agreed that they shall be interpreted in accordance with Cedac’s original intentions and in such a way as to enable them to maintain some degree of validity, even if to a lesser extent than the original objective, and in any case in such as way as to be in some way effective. The nullity or invalidity of one or more articles does not, however, render the terms and conditions of use invalid.
Any tolerance of behaviours that are in violation of the provisions contained in these terms and conditions of use does not constitute a renunciation by Cedac of the rights under the violated provisions, nor of the right to demand full compliance with all of the terms and conditions envisaged herein.