Terms of use

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ACCEPTANCE AND CHANGE OF TERMS OF USE

Access to and use of the website (“Site”) of Ernani S.r.l. and of those to whom the relevant tradermark has been licensed to (invidually or collectively,  "Ernani"), use of the interactive services (“Services”) accessible through the Site and the contracts entered into through the Site, if any, are governed by these terms of use (“Terms of Use”) and imply reading, understanding and acceptance of the same.

Ernani may change or update these Terms of Use, in whole or in part. Any change will be effective on the date on which the same are published in relevant section of the Sire. To remain updated on anyoccurred  change please regularily access the relevant section of the Site.

Ernani may interact with the users on third party sites where we post content or invite your feedback, such as www.facebook.com/Ernani or www.twitter.com/Ernani ("Third Party Sites"). Our Terms of Use provide rules in connection with our Services, including Services that involve Third Party Sites, but Ernani does not control those Third Party Sites, and these Terms of Use, do not apply to companies that Ernani does not own or control, or to the actions of people that Ernani does not employ or manage. You should always check the terms of use posted on Third Party Sites.

INTELLECTUAL PROPERTY RIGHTS

The contents of the Site, such as, but not limited to, works, images, photographs, dialogues, music, sounds, videos, texts and other materials in any format, including, but not limited to, menus, web pages, graphics, colors, patterns, tools, fonts, design, diagrams, layouts, methods, processes, functions and software (individually and/or collectively called "Rights") and its trademarks and/or logos are the exclusive property of Ernani, in its sole availability or otherwise licensed to Ernani. The Rights are protected by copyright. The Rights may not, in any way or form, even partially, be reproduced, distributed, sold, transferred or modified except as specifically covered. In the event that link codes and embed codes relating to specific contents are provided on the Site, these codes may be used by users only for their direct, personal and private use provided that said use does not take place for direct or indirect commercial and/or profitable gain.

Any use of the codes and/or the Rights in violation of the limits specified in these Terms of use, or otherwise contrary to law, is illegal and will be prosecutable by Ernani.

The trademarks and logos, including domain names, are available exclusively to Ernani. These trademarks, logos and domains cannot be used in any way without the prior written consent of Ernani.

RESPONSIBILITY FOR YOUR CONTENT

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, through our Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (invidually or collectively, "Content").

YOUR CONTENT SUBMISSIONS AND LIMITATION OF LIABILITY

Ernani provides the Site and the Services and all other applications and services on the Site as a forum only. Ernani is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third Party Site, including without limitation through the Services. You may access the Content and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

Save as otherwise clarified in the Site or in the Privacy Policy, by submitting Content to Ernani, you represent and warrant that:

  • You understand you are participating in a public forum and that your Content will be available to all other users of the Site, the Services and potentially Third Party Sites;
  • You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Ernani to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);
  • All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
  • You also represent and warrant that any Content you submit: 
  • Is not false, inaccurate or misleading;
  • Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
  • Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships;
  • Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
  • Is not submitted for compensation or other consideration from any third party except otherwise provided in written by Ernani;
  • Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • Complies in all respects with these Terms of Use and our Privacy Policy;
  • Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and
  • Does not contain any software, worms or other potentially damaging computer programs or files.

Ernani does not endorse user’s Content or opinion, recommendation or advice expressed therein, and Ernani disclaims all liability with respect to users’ Content.

If your Content includes ideas, suggestions, documents or proposals to Ernani through the Services, (a) such Content is not confidential or proprietary and Ernani has no obligation of confidentiality, express or implied, with respect thereto; (b) Ernani may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Ernani under any circumstances unless you are otherwise notified by Ernani in writing.

For any Content that you submit, you grant Ernani a worldwide, perpetual, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.

GUIDELINES FOR SERVICES

We value your interaction with us and highly encourage you to contribute your comments, ratings, reviews, opinions, ideas, questions and answers, images, videos, recipes, stories and other content. In order to participate constructively in our Services, please consider the following guidelines:

  • Be respectful. Everything you post should make a positive contribution and should be appropriate for viewing by all site visitors.
  • Stay on topic. Relevant and insightful contributions raise the overall value of the site experience.
  • Be honest. We ask that you be sincere in your participation by contributing content you know is accurate, based on your individual experience.
  • You may not use our Services to impersonate any person or entity, including, without limitation, any Ernani official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity.

All submissions are moderated and subject to these Terms of Use.  Ernani reserves the right to not post a submission or to withdraw posted submissions for any reason. Your submission will be excluded if it violates provisions in these Terms of Use regarding submission of Content generally.

LINKS AND OTHER WEBSITES

The Site may contain text links (the "Links") to other websites that have no connection with the Site. Ernani does not control or monitor these websites, their content or their rules. Any link to other websites shall not be intended in any way as activity by Ernani to promote these websites and/or the contents published therein.

COOKIES

Site may contain cookies to allow users a better use of the Site. Users who prefer not to receive cookies can set their browser to warn them of the presence of cookies and then decide whether or not to accept them. The browser can also be set to reject all cookies; in this case, however, the user may not be able to access all services available on the Site.

LIMITATION OF LIABILITY

You acknowledge and agree that your access to and navigation of the Site and the Services are entirely at your own risk and under your own responsibility. You agree to defend, indemnify and hold harmless Ernani (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site and the Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site and the Services.

You further acknowledge and agree that the Site and the Services are provided “as is” and “as available” and that they may be temporarily inaccessible or otherwise contain defects that impact your experience.

Ernani shall not be liable for any loss or damage arising out of or in any way related to the use or operation of the Site and the Services, including, without limitation, damages for loss of business, loss of profits, business breakdown, loss of commercial information and/or any other financial loss.

REGISTRATION

Access and registration on the Site and Services is reserved to Users of 18 years of age and older. The User agrees to provide any Personal Data requested during registration, ensuring that this is up-to-date, complete and accurate and to update them promptly, keeping them confidential.

You are responsible for safeguarding the password that you use to access the Site and Services and for any activities or actions under your password. You will not provide any false personal information on the Site or create an account for anyone other than yourself without permission.

APPLICABLE LAW

The Terms of Use are governed by Italian law without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site and the Services will be brought solely in Court of Milan.

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