Acceptance and modification of terms of use
Access to the website (“Site”) of Ernani S.r.l. and the relevant trademark licensees (each individually and/or all jointly referred to hereinafter as “Ernani”), the use of the same and of the interactive services, from time to time permitted by the Site, (“Services”) and any legal transactions concluded through the same, are governed by these terms of use (“Terms”), presuppose reading and knowledge of the Terms and imply acceptance thereof.
The Conditions may be amended or updated from time to time, in whole or in part, by Ernani. Changes and updates to the Conditions will be binding from the time of their intervening publication in the relevant section of the Site.
Therefore, to stay up-to-date on any changes or updates, we encourage regular access to this section to check for the most recent and up-to-date publication of usage.
Ernani may interact with users on third party sites to post content or invite users to express themselves, such as www.facebook.com/ernani or www.twitter.com/ernani (“Third Party Sites”). The Terms govern the Services even when the Services are provided through Third Party Sites, but it should be noted that Ernani does not control Third Party Sites and that these Terms, do not apply to companies that are not owned or controlled by Ernani, or to the actions of persons that Ernani does not employ or control. We therefore recommend that you always check the onditions of use posted on Third Party Sites.
Intellectual Property Rights
The contents of the Site, such as but not limited to the works, images, photographs, dialogues, music, sounds, videos, texts and any other material in any format, including but not limited to menus, web pages, graphics, colors, diagrams tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (individually and/or collectively “Rights”) and related distinctive marks, trademarks and/or logos are the exclusive property of Ernani, in its exclusive availability or otherwise licensed to Ernani. Rights are protected by copyright. The Rights may not be in any way and/or form, even partially, reproduced, distributed, sold, transferred or modified except as specifically regulated.
In the event that URL codes relating to specific content are provided on the Site, the relevant codes may be used by users only for their own direct, personal and private use and provided that the use now said is not for purposes of a directly or indirectly commercial and/or for-profit nature.
Any use of the codes and/or Rights in violation of the limits set forth in these Terms, or otherwise contrary to the law, is unlawful and will therefore be prosecuted by Ernani. Trademarks and logos, including domain names, are in the exclusive availability of Ernani. Said trademarks, logos and domains may not be used in any way without the prior written consent of Ernani.
Responsibility for content
You are solely responsible for all content that you upload, post, email or transmit in any way on the Site and Third Party Sites, through the 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, message, judgment, forum posts, comments, questions, answers and any other material (individually “Content” and collectively “Content”).
Content and limitation of liability
Ernani provides the Site and Services and all other applications and services contained on the Site and hosted on Third Party Sites solely as a forum. Ernani is not responsible for statements, assertions, or content provided by its users in public forums on the Site or on said Third Party Sites, including those provided through the Services. You may access the Content and any other content on the Site only as permitted in these Terms and the Privacy Policy, and you agree not to use, copy or distribute any of the Content other than as expressly provided in these Terms.
Except as otherwise specified on the Site and in the Privacy Policy, by submitting Content to Ernani, you represent and warrant that:
- He agreed to participate in a public forum;
- The content will be available to all other users of the Site and potentially on Third Party Sites;
- Is the sole author and owner of the intellectual property and other rights contained in the Content (or to hold the necessary licenses, rights, consents and permissions to use and authorize Ernani to use all intellectual property and other related rights to enable the publication and use of the Content as provided on the Site and Third Party Sites; and
- agrees to voluntarily waive any “moral rights” relating to such Content and not to require that any personally identifiable information be used in connection with the transmitted Content, and any derivative works, enhancements, or updates thereto.
You further represent and warrant that any Content submitted:
- It is not false, inaccurate or misleading;
- Does not infringe any copyrights, patents, trademarks, trade secrets or other intellectual property rights or rights of publicity or privacy of any person or entity;
- Does not violate any obligation with respect to such Content under any law or contractual or fiduciary relationship;
- Does not violate any law, statute, ordinance or regulation (including but not limited to provisions governing export control, consumer protection, unfair competition, disparaging or misleading advertising);
- It is not, or could not reasonably be considered to be, illegal, harmful, defamatory, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously connoted, or offensive, abusive, unlawful, threatening, or harassing to any individual, society, or association;
- It is not sent with the expectation of compensation or other consideration from a third party except where otherwise provided and specifically agreed to in writing by Ernani;
- It does not contain any information that refers to other websites, addresses, e-mail addresses, contact information, or telephone numbers;
- Comply in all respects with these Conditions and the Privacy Policy;
- It does not constitute unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” chain letters, “pyramid schemes,” or any other form of solicitation;
- It does not contain any software, worms or other potentially harmful programs or files.
Ernani does not endorse users’ Content, opinions, recommendations, or advice, and Ernani disclaims any responsibility with respect to users’ Content.
If the Content includes ideas, suggestions, documents or proposals for Ernani’s attention sent through the Services (a), such content is not confidential or proprietary, and Ernani has no obligation of confidentiality, express or implied, with respect to it; (B) Ernani may already hold similar content or content under development; and (c) in no event shall you be entitled to receive any compensation, payment or reimbursement of any kind from Ernani for such Content except with Ernani’s prior written consent.
For any Content you submit, you grant Ernani a worldwide, perpetual, irrevocable, royalty-free, assignable to third parties and transferable license to all rights to use, reproduce, communicate, distribute, copy, modify, totally delete, edit, adapt, publish, translate, publicly display and perform, use, create derivative works and/or sell and/or distribute such Content and/or incorporate such Content in any form, media or technology now known or developed in the future, worldwide, without compensation to you. This license will survive termination of these Terms and use by you of the Site or Third Party Sites.
Guidelines to services
We value users’ interaction with us and strongly encourage them to contribute comments, ratings, reviews, opinions, ideas, questions and answers, pictures, videos, recipes, stories, and other content. In order to participate constructively in the Services, please consider the following guidelines:
- Being respectful. Everything you post should make a positive contribution and be appropriate for viewing by all users of the Site and Third Party Sites.
- Staying on topic. Relevant and insightful contributions increase the overall value of the experience on the Site and Third Party Sites.
- Being honest. Ernani requires users to be sincere in their participation, contributing accurate Content based on their individual experience.
You may not use the Services to impersonate any person or entity, including, without limitation, any representative of Ernani, forum manager, guide, or host, or to misrepresent or otherwise misrepresent relationships with any other person or company.
All User Content is moderated and subject to these Terms. Ernani reserves the right not to publish or withdraw any Content for any reason. Any Content that violates the provisions of these Terms regarding the posting of Content in general will not be considered.
Links to other websites
The Site may contain text links (“Links”) to other websites that have no connection to the Site. Ernani does not control or perform monitoring operations on such websites, their contents, or their rules. Any link to other websites should in no way be understood as an activity, on the part of Ernani, to promote them and/or the content published therein.
Cookies
There may be “cookies” on the Site with the purpose of enabling users to better enjoy the Site. Users who prefer not to receive cookies can set their browsers with the intent of being alerted to the presence of cookies and then decide whether or not to accept them. The browser can also be set to automatically reject all cookies; however, in that case, the user may not be able to access all the services available on the Site.
Limitations of liability
You acknowledge and otherwise agree that your access to, and browsing of, the Site is entirely at your own risk and under your sole responsibility. You agree to defend, indemnify, and hold harmless Ernani (and its representatives, 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 any legal fees, arising from (a) the use of and access to the Site and Services; (b) the violation of any term of these Terms; (c) breach of the above representations and warranties with respect to the Content; (d) violation of any law or third party rights (including but not limited to any copyright, intellectual property right, or right of privacy); or (e) any claim for any Submitted Content that has caused damage to a third party. This indemnification obligation will also apply in the event of termination of these Terms and use of the Site and Services.
You further acknowledge and otherwise agree that the Site is provided “as is” and “as available” and that it may be temporarily inaccessible or otherwise contain defects that may alter your navigation of the Site and use of the Services.
Ernani shall not be liable for any loss or damage arising out of or in any way connected with the use or operation of the Site and User Services, including – without limitation – damages for loss of business, loss of profits, business interruption, loss of business information and/or any other pecuniary loss.
Registration
Access and registration to the Site and Services is restricted to users over the age of 18.
You agree to provide the personal data requested during registration (“Personal Data”), ensuring that it is current, complete, and true, and to update it promptly while keeping it confidential.
You are responsible for safeguarding the password you use to access the Site and Services and for any activity or action for which you need your password. No false personal information will be provided on the Site or accounts created for anyone other than your own account without permission.
Allergens
Caffè Ernani provides information regarding the presence of allergens on the relevant page of the website.
Applicable law
The Terms are governed by the laws of Italy without regard to any conflict of laws provisions in the state or country of your residence. All actions, disputes, claims or proceedings relating to the Site and the User Services shall be within the exclusive jurisdiction of the Court of Milan.
These Site Terms of Use were updated on May 24, 2018.
Ernani Srl
Via Don Luigi Sturzo, 19 – 20832 Desio (MB) Italy
P.I. and C.F. 09016360969
REA MB – 1900833
share capital Euro 10,000 i.v.
