Drogheria Pedrelli - Service General Conditions of Use
1. SERVICE PROVIDER AND CONDITIONS OF USE
The service that the Internet web site http://www.pedrelli.com/ ("Drogheria Pedrelli") offers to you, the User ("the User"), is provided by Pedrelli Gianfranco & C. Snc with registered office in Parma (PR), Via La Spezia, 53/B ("the Merchants"), subject to the following Service General Conditions of Use ("SGCU"). The Merchants reserve their right to update the present SGCU from time to time without prior notice. The User may review the most current version of the SGCU at any time at Drogheria Pedrelli at the URL http://www.pedrelli.com/en/sgcu.
2. DESCRIPTION OF SERVICE
The Merchants provide Users with access to a collection of online services, including shopping services and community services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new services, shall be subject to the SGCU. The User understands and agrees that the Service is provided "AS-IS" and that the Merchants assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The User is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). The User is responsible for those fees. In addition, the User must provide and is responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of his or her use of the Service, the User agrees to:
a) provide true, accurate, current and complete information about himself or herself as prompted by the Service's registration form (such information being the "Registration Data");
b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete, or the Merchants have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Merchants have the right to suspend or terminate the User's account and refuse any and all current or future use of the Service (or any portion thereof) by the User.
The Merchants are concerned about the safety and privacy of all Users, particularly children. Please remember that the Service is designed to appeal to an adult audience. Accordingly, as the legal guardian, it is the User's responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for his/her children. Therefore, the Merchants cannot be held responsible for access to the Service and/or Content by minors.
4. PRIVACY STATEMENT
According to art. 13 of the Personal Information Protection Act, the Merchants inform that:
1. Personal information spontaneously supplied by the User is collected and used by the Merchants, through manual and/or electronic tools and procedures, for the following aims: (i) aims directly related to or necessary for the providing and maintenance of the Service, in compliance with the present SGCU; (ii) subject to the User's agreement, commercial information, marketing and market research through periodic e-mail communications ("Newsletter") sent by the Merchants, which may include advertisements of products and/or services provided by the Merchants and/or third-party advertisers; (iii) assessment of the quality of service and User satisfaction, performed both directly by the Merchants and with the help of specialized third-party companies; (iv) statistics and research.
2. The providing of personal information is optional. However, the refusal to supply any or all of the information explicitly labelled as mandatory for the aims specified at point 1, letter i) will prevent the Merchants from providing the Service. On the other hand, the refusal to supply any or all of the information not labelled as mandatory for the aims specified at point 1, letter i) will not prevent the Merchants from providing the Service in any way.
3. Some information may be communicated by the Merchants, for all of the aims specified at point 1, to third-party providers of services directly related and necessary to the providing of the Service.
4. According to article 7 of the Personal Information Protection Act, the User can exercise specific rights, including the right to access, update, rectify and/or complete his/her collected personal information; the right to know the origin of such information, and the logic and aims of the processing of such information by the Merchants; the User can also object, in whole or in part, to the processing of personal information relating to him/her, by submitting a formal request to the person in charge of the processing of personal information, Elena Pedrelli, whom can be reached at the controller's registered office.
5. The Merchants are the controller. The complete list of the people in charge of the processing of personal information can be obtained easily and at no charge from the controller.
By accepting the present SGCU, the User authorizes the Merchants to collect, communicate and transfer his or her personal information to the subjects, within the limitations and for the aims specified in the present statement.
5. USER ACCOUNT, PASSWORD AND SECURITY
The User will receive a username and password designation upon completing the Service's registration process. The User is responsible for maintaining the confidentiality of the username and password pair, and is fully responsible for all activities that occur under his/her user account. The User agrees to:
a) immediately notify the Merchants of any unauthorized use of his/her account or any other breach of security; and
b) ensure that he or she exits from his/her account at the end of each session. The Merchants cannot and will not be liable for any loss or damage arising from the User's failure to comply with this section.
6. USER CONDUCT
The User understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the User, and not the Merchants, is entirely responsible for all Content that the User uploads, posts, emails, transmits or otherwise makes available via the Service. The Merchants do not control the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
The User understands that by using the Service, he or she might be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Merchants be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. The User agrees to not use the Service to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, a Merchants' representative, administrator, webmaster, guide or host, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e) upload, post, email, transmit or otherwise make available any Content that he or she does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
h) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j) intentionally or unintentionally violate any applicable local, state, national or international law or regulation having the force of law;
k) "stalk" or otherwise harass another; and/or
l) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
The User acknowledges that the Merchants may or may not pre-screen Content, but that the Merchants and their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, the Merchants and their designees shall have the right to remove any Content that violates the SGCU or is otherwise objectionable. The User agrees that he or she must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the User acknowledges that he or she may not rely on any Content created by the Merchants or submitted to the Merchants.
The User acknowledges, consents and agrees that the Merchants may access, preserve, and disclose his/her account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
a) comply with legal process;
b) enforce the SGCU;
c) respond to claims that any Content violates the rights of third-parties;
d) respond to the User's requests for customer service; or
e) protect the rights, property, or personal safety of the Merchants, their Users and the public.
The User understands that the technical processing and transmission of the Service, including his/her Content, may involve:
a) transmissions over various networks; and
b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, the User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which he or she resides.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
"Publicly accessible" areas of the Service are those areas of the Service that are intended by the Merchants to be available to the general public. By way of example, publicly accessible areas of the Service would include the Users' reviews and comments about the products in the Merchants' online catalogue.
With respect to Content that the User submits or makes available for inclusion on publicly accessible areas of the Service, the User grants the perpetual, irrevocable, world-wide, royalty free, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purposes of providing and promoting the specific section of the Service to which such Content was submitted or made available, or the Service itself.
The User agrees to indemnify and hold the Merchants, and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content that the User submits, posts, transmits or makes available through the Service, his/her use of the Service, his/her connection to the Service, his/her violation of the SGCU, or his/her violation of any rights of another.
10. NO RESALE OF THE SERVICE
The User agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING THE USE OF THE SERVICE
The User acknowledges that the Merchants may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service and their maximum size, the maximum disk space that will be allotted on the Merchants' servers on the User's behalf, and the maximum number of times (and the maximum duration for which) the User may access the Service in a given period of time. The User agrees that the Merchants have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. The User acknowledges that the Merchants reserve their right to log off accounts that are inactive for an extended period of time, provided that such period of time shall not be less than 4 months.
12. MODIFICATIONS TO THE SERVICE
The Merchants reserve their right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User agrees that the Merchants shall not be liable to the User him/herself or to any third party for any modification, suspension or discontinuance of the Service.
13. SERVICE SUPENSION OR TERMINATION
The User agrees that the Merchants may, under certain circumstances and without prior notice, immediately terminate the User's account and/or supend his/her access to the Service, and/or delete or refuse the distribution of a User-submitted Content through the Service.
Cause for such termination shall include, but not be limited to, breaches or violations of the SGCU or other incorporated agreements or guidelines, and extended periods of inactivity by the User.
The Merchants also reserve their right to suspend or terminate the providing of the Service at any time and without prior notice.
Further, the User agrees that all terminations for cause shall be made in the Merchants' sole discretion and that the Merchants shall not be liable to the User or to any third-party for any termination of his/her account or access to the Service.
14. DEALINGS WITH ADVERTISERS
The User's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertisers. The User agrees that the Merchants shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service or its Users may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Merchants have no control over such sites and resources, the User acknowledges and agrees that the Merchants are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The User further acknowledges and agrees that the Merchants shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. SERVICE PROVIDER'S PROPRIETARY RIGHTS
The User acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The User further acknowledges and agrees that Content contained in sponsor advertisements or information presented to him/her through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Merchants or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
The Merchants grant the User a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that the User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The User agrees not to access the Service by any means other than through the interface that is provided by the Merchants for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT:
A) HIS/HER USE OF THE SERVICE IS AT HIS/HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE MERCHANTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B) THE MERCHANTS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET THE USER'S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER'S EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AT THE USER'S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE MERCHANTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SGCU.
18. SERVICE PROVIDER LIMITATION OF LIABILITY
THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE MERCHANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
The Merchants may provide the User with notices, including those regarding changes to the SGCU, by either e-mail, regular mail, or postings on the Service.
20. TRADEMARK INFORMATION
The name, service mark, logo, images or other multimedia contents, interface, graphics and layout of Drogheria Pedrelli, the service marks and all other names, logos, images and multimedia contents related to the Service are distinctive marks and signs of the Merchants (the "Merchants' Marks"). Without the Merchantss's prior permission, the User agrees not to display or use in any manner the Merchants' Marks. All other marks present on Drogheria Pedrelli are the property of their respective owners.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
The Merchants respect the intellectual property of others, and ask their Users to do the same. The Merchants may, in appropriate circumstances and at their own discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Merchants the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. the URL(s) of Drogheria Pedrelli where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
22. APPLICABLE LAW AND CHOICE OF FORUM
The present SGCU and the relationship between the User and the Merchants shall be governed by the laws of the Italian Republic without regard to its conflict of law provisions. The User and the Merchants agree to submit to the personal and exclusive jurisdiction of the Court of Parma (Italy).
23. GENERAL INFORMATION
These SGCU constitute the entire agreement between the User and the Merchants and govern the User's of the Service, superseding any prior agreements between the User and the Merchants with respect to the Service. The User also may be subject to additional terms and conditions that may apply when he or she uses or purchases certain other Merchants services or products, affiliate services or products, third-party content, or third-party software.
The failure of the Merchants to exercise or enforce any right or provision of the SGCU shall not constitute a waiver of such right or provision. If any provision of the SGCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the SGCU remain in full force and effect.
ACCEPTANCE OF THE SERVICE GENERAL CONDITIONS OF USE ("SGCU")
The User states, according to art. no. 1341, 2nd comma, of the Italian Civil Code, that he or she has carefully read and specifically approves the agreements set foth in the preceeding sections of the SGCU, concerning: Sect. 1 (Possibility of Modifications to the Service General Conditions of Use); Sect. 2 (Possibility of Extension of or Modifications to the Service); Sect. 4 (Privacy Statement); Sect. 9 (Indemnity); Sect. 12 (Possibility of Modifications to the Service); Sect. 13 (Suspension or Interruption of the Service); Sect. 17 (Disclaimer of Warranties on the Service by the Merchants); Sect. 18 (Service Provider Limitation of Liability); Sect. 22 (Applicable Law and Choice of Forum).