Terms of Use General

Terms of use
(Last revised 30/03/2012)

Terms of Use
This website (“Website”) is offered to you by Incomedia S.r.l., Via Burolo 22/A, 10015 Ivrea (TO), Italy (“Incomedia”), VAT ID: 07514640015.

The following Terms of use regulate access to, and use of, the Website. Please read them carefully before using the Website.

Acceptance of the Terms of Use
By accessing or using the Website, you accept all the present Terms of Use, without changes or modifications. If you do not accept all the aforesaid Terms of Use, you are not authorized to access or use the Website.

The present Terms of Use govern your use of the Website, its content (such as text, data, information, software, images or photographs) that Incomedia and affiliated companies and partners make available through the Website (“the Contents”), the contents presented or published by users (“User Contents”) and services provided by Incomedia through the Website (“the Services”).

Changes to the Terms of Use
Incomedia reserves the right to change the Terms of Use at any time. The modified Terms of Use will be published on the Incomedia Websites with the new revision date so that you can view the changes. By continuing to access and use the Website after the publication date, you agree to ,and accept, the changes. Please check the Terms of Use periodically to review any changes.

Incomedia also reserves the right to discontinue or modify or update the Website and its Contents at any time and without notice. Incomedia reserves the right to restrict, refuse or interrupt the possibility for a User to add a post to the Website, at any time and without notice, and with immediate effect, at its sole discretion and for any reason, always keeping valid its right to receive support on the purchased products via alternative ways (ie: private post, e-mail, etc.).

Use of the Website
Incomedia allows you to use the Website for private use only and not for commercial purposes. It is strictly forbidden to use the Website for any commercial purpose (including, but not limited to, it's use in other websites or in a networked environment). If you make copies of any of the Contents, you must retain all copyrights and/or any other industrial and intellectual property rights, that may be included in the original Contents, on the copies you make. Unless otherwise stated, it is strictly forbidden to reproduce, transmit, print, publish and distribute the Contents of the Website or any part of it, without prior authorization from Incomedia.

Unauthorized Uses of the Website
You are bound not use the Website (including, but not limited to, the Contents or Services made available through the Website): a) in any way that violates laws, regulations and/or any other national and international norms and regulations (collectively “the Law”); b) to stalk, harass or harm another person; c) to impersonate other individuals or entities, or in any way falsify your identity or relationship with other subjects; d) to interfere with or disturb Incomedia's Websites, or servers or networks connected with Incomedia's Websites. You are also bound not to (x) use any data mining, robots or similar methods of collecting and extracting data from Incomedia's Websites, or (y) attempt to gain unauthorized access to any part of Incomedia's Websites or any other account, computer or network connected with Incomedia's Websites through hacking, password mining or any other means.

Responsibility
ALL INFORMATION (INCLUDING, AND NOT LIMITED TO) TEXTS, IMAGES, GRAPHICS, LINKS AND OTHER CONTENTS) INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. INCOMEDIA AND ITS AFFILIATED COMPANIES AND PARTNERS EXPRESSLY DECLINE ANY IMPLICIT OR EXPLICIT DECLARATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MARKETABILITY, FITNESS FOR USE, NON-VIOLATION OR OTHER KINDS OF WARRANTY, IN RELATION TO THE OPERATION OF THIS WEBSITE, ITS CONTENTS AND USER CONTENTS. Neither Incomedia or its affiliated companies and partners warrant or make any representation that: (i) the Website meets your requirements, (ii) the Website will be uninterrupted, timely, secure or error-free, or (iii) the results obtained through use of the Website (including any information or Contents in this Website) will be correct, complete, reliable or otherwise meet your requirements.

This is a public Website: you cannot expect confidentiality of any User Contents that you may submit to this Website. Do not submit confidential information to this Website.

Incomedia and its affiliated companies and partners decline all responsibility for interruptions or loss of Internet, networking or hosting services, and do not guarantee that the Website or the services which make it available or electronic communications sent by Incomedia are free from viruses or any other harmful element.

You download or otherwise obtain material from this Website at your own discretion and at your own risk. You are solely responsible for any damage or accident to your computer or any data loss resulting from downloading such material.

Registration
Access to certain areas of this Website and the use of certain functions or features on the Website may be regulated by registration. If you wish to access such areas and use such functions and features you may be asked to register as a contributor. Registration is free of charge.

When you register, you must choose a unique password and provide a unique, valid, current and verifiable email address. Duplicate passwords and email addresses are not accepted. If the password or email address that you supply have already been chosen by another user, you will be asked to supply a different one. Incomedia will sent you an email to confirm your registration data: if this email is not delivered to your email account for any reason, access to the areas and use of features or functions for which registration is required may be denied or interrupted. You are responsible for updating your registration so that it is accurate and current. You have the sole responsibility of maintaining the secrecy of your password. You have the sole responsibility for any actions that occur under your account, user name and/or password, that may be due to your behaviour, inaction or negligence. If you become aware of or suspect inappropriate or unauthorized actions concerning your account, user name and/or password, you agree to contact Incomedia immediately via email (policy@incomedia.eu).

Protection of your Privacy
All personal data provided or collected through the Website, or in connection with it, will be treated according to the terms of Incomedia's Privacy Policy, and the present Terms of Use are subject to Incomedia's Privacy Policy as published at www.incomedia.eu/privacy.

User Contributions
Once you have registered and logged in, you can publish contents, data, material or information (“User Contents) on this Website.

When you submit User Contents to the Website, you warrant that you are at least thirteen years old (or, if younger, have permission from your legal guardian to do so) and that the material you submit is appropriate, constructive, relevant and free of any element that may be unlawful or otherwise unsuitable for publication, including (and not limited to) (1) material that may be considered potentially defamatory or offensive towards any person or entity, (2) material that may be considered potentially harmful to any person or entity, or defamatory or harassing towards any person or entity, (3) material that may be considered to be in violation of a person's rights (including rights to personal privacy publicity), (4) material that may be considered to be in violation of copyrights, patents, intellectual property rights or any other moral or legal right of third parties (for example, copyrights on photographs or images in general, music, videos, films, etc), (5) material that is pornographic, obscene, vulgar, indecent, offensive, or threatening, (6) material that may be considered culturally, ethically or otherwise disputable, or (7) material that may be considered to suggest or encourage any kind of illegal activity whatsoever.

You will make every reasonable effort to identify and remove viruses, spyware, adware or any other type of potentially harmful program or file from all User Contents you submit to the Website. You will not send unsolicited or unauthorized advertisements or promotional messages, junk mail, spam, chain letters, pyramids, surveys or any other form of solicitation through the Website. You will not forge headers or manipulate identities or any kind of data to conceal the origin of Contents and/or User Contents sent via the Website, neither will you conceal your presence on the Website. You will also refrain from interfering with or disrupting Incomedia's Websites, servers and networks, and from taking any initiative that will place an unreasonable or excessive load on Incomedia's infrastructure.

You affirm, declare and warrant that the User Contents sent to the Website do not violate any property right of a person or entity, including (and not limited to) copyrights, registered trademarks, patents or confidentiality obligations.

You acknowledge and accept that your ideas, contributions to discussions and any other form of User Contents sent to the Website are not covered by intellectual property rights, and that they may be used by any other user without payment or any other form of compensation.

You grant to Incomedia and its affiliated companies and partners a global, irrevocable, royalty-free, non-exclusive, sublicenseable and transferable licence to use, reproduce, create derived works from, distribute, use in public, exhibit in public, transmit and publish the User Contents you provide on this Website, in any other website belonging to Incomedia or in marketing and public relations material published by Incomedia in any form and using any kind of media.

You will have the sole responsibility for the User Contents you send to the Website, and for the consequences of sending, transmitting and/or publishing the User Contents. Incomedia reserves the right, without any obligation, to examine and monitor the User Contents before and/or after their transmission. Nevertheless you accept that Incomedia cannot verify and monitor all the User Contents . Incomedia and its affiliated companies and partners are in no way liable for the correctness, completeness, quality or validity of the User Contents, sent by third parties to the Website.

Incomedia does not endorse any User Contents or any opinion, recommendation or advice contained in the User Contents, and does not assume any responsibility for said User Contents.

Incomedia reserves the exclusive right and faculty to change and/or delete, for any reason, and at any time, without prior warning or authorization, at its exclusive discretion, messages or any other User Contents that are deemed disputable, improper or otherwise inappropriate according to the present Terms of Use. Those users who believe that any whatsoever User Contents may be considered debatable or improper are requested to inform Incomedia by using the tools available on the Websites (for example, via the “abuse” button) or by sending a message to the email address policy@incomedia.eu. If and when Incomedia receives such warning from users, it will do all that is reasonably within its power to take all the measures it considers necessary: since this is a manual process, you are advised that we may not be able to immediately eliminate or edit incriminated User Contents.

10.

Limitations of Liability
INCOMEDIA, ITS AFFILIATED COMPANIES AND PARTNERS CANNOT IN ANY CASE BE HELD LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL OR OTHER FORMS OF DAMAGE RESULTING FROM, CAUSED BY, OR RELATED TO ACCESS OR USE OF THE PRESENT WEBSITE AND ITS CONTENTS AND USER CONTENTS, OR THE INABILITY TO ACCESS OR USE THE PRESENT WEBSITE AND ITS CONTENTS OR USER CONTENTS, EVEN IF INCOMEDIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

In all cases, the collective liability of Incomedia and its suppliers, according to and in conformity with the present document, is limited to the cost of the purchased software licence.

If you live in a country or a state that does not admit any of the aforementioned limitations of liability, said limitations and exclusions will only be applied in the measure they are admitted. In such cases, the limitations and exclusions in question will be applied as far as they are permitted by local law.

11.

Links to Third-Party Websites
Incomedia's Website may contain hypertextual links to third-party websites. These links are provided exclusively for your convenience and Incomedia declines all responsibility for their content. Incomedia is not obliged to review third-party websites, it has no control over third-party websites and is not responsible for third-party websites (or for products, services or contents available from them). Therefore, the presence of links to third-party websites on the Incomedia Website is purely informative and does not constitute an endorsement, or any form of recommendation or warranty on their behalf for the exactness, timeliness or appropriateness of the contents of said websites.

12.

Links to the present Website
Other websites may create links to the present Website in accordance with the following conditions, and in accordance with current applicable laws.

Without Incomedia's written authorization to the contrary, another website may link to the present Website according to the following conditions:

(a) it may link to the Website but may not replicate any of the Contents (including the Incomedia and/or WebSite X5 logo),
(b) it will not create a browser environment or a border around any of the Contents,
(c) it will not imply that Incomedia endorses the products, services or contents available from said website,
(d) it will not misrepresent its relationship with Incomedia,
(e) it will not present any false or misleading information about Incomedia's products or services,
(f) it will not contain contents that may be considered distasteful, offensive or controversial, and
(g) it will contain contents that are suitable for all age groups.

13.

Contents/Third-party software
Any content/software that is downloaded from or through this Website is licenced according to the applicable licence agreements. Except as set forth in the applicable licence agreement, the contents/software may be used exclusively by the end Users, and duplications, reproduction or redistribution is expressly prohibited. ANY WARRANTIES THAT MAY APPLY TO THE CONTENTS/SOFTWARE ARE VALID EXCLUSIVELY WITHIN THE LIMITS EXPRESSED IN THE APPLICABLE USER LICENCE. INCOMEDIA EXPRESSLY DISCLAIMS ANY FURTHER DECLARATION AND WARRANTY OF ANY KIND, EXPLICIT OR IMPLICIT, INCLUDING WARRANTIES OF SALEABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-VIOLATION WITH REGARD TO THE CONTENTS/SOFTWARE.

14.

Copyrights and Trademarks
The copyright and all propriety rights in the Contents supplied by Incomedia and by its affiliated companies and partners, in the software used for operating and publishing the Website, the compilation of data in the Website, and the order, sequence and organization of the Website belong entirely to Incomedia S.r.l. and/or its partners or licensors. All rights not expressly granted herein are reserved.

Incomedia, WebSite X5 and WebSite X5 Evolution are registered trademarks of Incomedia S.r.l in Europe and other countries.

Registered trademarks represent an important asset for a company. Correct use of a company's trademarks is important and you are bound to follow Incomedia's guidelines when referring to company products or services. For further information, please refer to the details included in this document.

The use and registration of the Incomedia, WebSite X5 and WebSite X5 Evolution names are reserved. You may not register or use trade names, statutory names, commercial names, domain names or any other name, indication or description that includes the names Incomedia, WebSite X5 and WebSite X5 Evolution or similar, or any name that includes the names Incomedia, WebSite X5 and WebSite X5 Evolution.

15.

Indemnification and Release
You agree to indemnify Incomedia and its affiliated companies and partners, including their respective officers, directors, employees, legal representatives, agents, successors and assigns and releases them from any liability for damages, obligations, costs and expenses (including reasonable legal and professional expenses and legal costs) arising from the publication, contents or transmission of any form of message, information, material or other User Contents published on the Website, or from any violation, on your part, of the present Terms of Use. In the event of any complaint or legal action that may arise from any message or User Contents that you post on the Website, Incomedia reserves the right to reveal your identity and any other information regarding you that it may possess.

If you incur in disputes with other users, you release Incomedia, its affiliated companies and partners, including their respective officers, directors, employees, legal representatives, agents, successors and assigns from all liability for complaints, demands and damages (actual and consequential) of any kind or nature, known or unknown, arising out of, or connected in any way with, such disputes.

16.

Website Closure
Incomedia reserves the exclusive right to close all or part of the Website, at any time, for any reason and without prior notice or authorization. Incomedia declines all responsibility for the failure to store or removal of any Contents and/or User Contents published on the Website.

17.

Resolution of Disputes
The present Terms of Use are governed by and construed according to the current laws of Italy. You agree to accept the jurisdiction of the law courts of Turin, Italy, in the event of disputes, claims or legal proceedings arising from or attributable to the present Terms of Use or your use of this Website, including any disputes relating to the existence or validity of the present Terms of Use.

18.

Language of the Terms of Use
Where Incomedia has provided you with a translation of the Italian language version of the Terms of Use, then you agree that the translation is provided for your convenience only and that the Italian language versions of the Terms of Use govern your relationship with Incomedia.

If there is any contradiction between what the Italian language version of the Terms of Use says and what a translation says, then the Italian language version shall take precedence.

19.

Invalid Provisions in the Terms of Use
If any of the provisions in the present Terms of Use should be declared invalid or inapplicable, then the invalid or inapplicable provision will be replaced by a valid and applicable provision that matches as closely as possible the original intent of the invalid or inapplicable provision, and the remaining provisions shall be enforced.