Terms and conditions of the website
The website www.eclent.com (the "Site") is administered by eclent s.r.l.s. (the "Company"). The Company is an Italian company with registered and operational headquarters in S.V. Baldedda Monte Furru, 18F, C.F. and P.IVA n° 02785310901 - REA SS n° 204545. The conditions and terms specified below apply to the content of the entire Site and, together with any page or document to which such conditions and terms may refer, constitute the terms and conditions under which the Company allows the use of the Site by the end user ("User"). Access to the contents of the Site is subject to careful reading and acceptance of these Terms and Conditions of Use (the "Terms"). Use of the Site implies full acceptance of the Terms.
1 - Preambles
2 - Intellectual Property
Except as otherwise provided in these Terms or other sections of the Site, all copyrights and any other intellectual or industrial property rights or any other rights of any kind in any of the content or aspects of the Site belong to the Company or their respective owners. Such works are protected by local laws and international treaties on industrial property and copyright, and rights in them are expressly reserved. Any use of the contents of the Site that is not expressly permitted by these Conditions is prohibited. In case of violation of any of the Conditions, the Company reserves the right to prohibit access to the Site and to request the immediate return or destruction of any material printed or downloaded from the Site.
You are permitted to print or download certain extracts from the Site for your personal use only and on condition that:
- No document or graphic element of the Site is modified in any way.
- No graphic element of the Site is used separately from the reference text.
- The copyright declaration and any registered trademark or patent declaration (collectively the "Credits"), together with the mention of these Conditions, are attached to each copy extracted from the Site.
Any copy, whether paper or digital, of materials downloaded or printed from the Site may not be modified in any way, and you may not use the images, photographs, video, audio, graphics or other materials separately from the related Credits. The position of the Company, or the person(s) indicated by them, as the author of the material published on the Site must always be attested. Except as set forth above, no part of the Site may be reproduced or stored on any other website or included in any information storage and retrieval system or service delivery system without the prior consent of the Company. Any other rights or authorisations not expressly mentioned in these conditions are expressly reserved.
3 - Access to the site
The Company will use reasonable efforts to ensure that the Site is always accessible. However, the Company shall not be liable if, for any reason, the Site may be unavailable even for limited periods of time. Access to the Site may be temporarily suspended, even without prior notice, in the event of system errors, service or maintenance needs, or for any other reason beyond the Company's reasonable control. The user is responsible for activating and maintaining all agreements and services that allow access to the Site.
4 - Behaviour and material owned by the User
With the exception of personal data that will be processed in accordance with what has just been specified, any material, content, etc. transmitted or inserted on the Site will be considered non-confidential and non-proprietary. Therefore, the Company assumes no obligation with regard to such information and materials and shall be deemed authorized to acquire, transmit, disclose, use such materials, whether for commercial or other purposes.
The User undertakes not to enter or transmit into or from the Site any material:
- That is intimidating, defamatory, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, threatening, scandalous, inciting, breach of confidentiality obligations, invasive of privacy or that may in any way produce annoyance or damage.
- For which the necessary licenses or approvals have not been obtained.
- That represents or encourages conduct that could be considered a form of crime, that could give rise to the liability of anyone, that is in any way contrary to law, public order or morality or that violates the rights of third parties anywhere in the world.
- That cause damage (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, defective components, corrupted data or other software with harmful or damaging content).
You may not abuse the Site (including, for example, by hacking activities). The Company will actively cooperate with public authorities in charge of investigations and will comply with any court order requesting or ordering the Company to disclose the identity or identify persons transmitting or inserting material that does not comply with the law and/or the above.
5 - Site registrations
6 - Links from or to other sites
Links to third party websites on the Site are provided to facilitate the fruition of the content. By using them, you leave the Site itself. The Company has not carried out any verification activity on the sites that are linked from the Site and does not control and is not responsible for how these sites are managed, their content and their availability for use. The Company therefore does not warrant or represent anything about them, or any material that may be found on them, or any results that may be obtained from their use. If the User decides to access them by following the links proposed by the Site, he or she does so under his or her own responsibility and risk. If you wish to create your own link to the Site, you may do so only on the condition that an actual link is created to the Site, and that the content of the Site is not replicated, and on the condition that:
- The size or characteristics of the eclent brand and its logo are not removed, deformed or in any other way altered.
- No frame is created and/or any other browser or setting is inserted around the Site.
- Such link does not imply, even indirectly, that the Company is promoting third party products or services.
- By doing so, do not attempt to represent, even surreptitiously, any form of relationship between the Company and the User and do not attempt to convey false, tendentious or distorted information about the Company.
- By doing so, do not attempt to use any trademark or logo reproduced on the Site without the prior express written consent of the Company.
- The User's website does not contain content that is disgusting, offensive or controversial, infringes any intellectual property right or any other right of third parties or in any other way violates the law, regulations, public order or morality.
The Company reserves the right at any time to revoke the User's right to create a link to the Site or to take any other action it considers necessary or appropriate if even one of the terms specified in this section is violated. The User shall indemnify the Company for any loss or damage suffered by the Company for breach of any of the conditions set out in this section.
7 - Important warnings
The Company will ensure that the information published on the Site is always correct and up to date, however, no guarantee is given in any way as to the reliability, accuracy and completeness of the information on the Site. The Company may at any time modify the Site and its contents, or change the description of the products and/or services and, if necessary, their prices, and this may also be done without prior notice. It is understood that the Company makes no commitment or obligation to update the material published on the Site. Everything published on the Site is produced without any guarantee, condition or other. Similarly, with the sole exception of mandatory legal limits, the Company allows the User to visit the Site on the express assumption that no representations, warranties, conditions or other limitations have effect (including, without limitation, the implied warranties of good quality, suitability for the proposed use and compliance with the professional's qualified diligence which, except for what is excluded by this condition, could have effect with regard to the contents of this Site).
8 - Responsibility
The User assumes all responsibility and liability for any adaptation of its hardware, software or other equipment or the repair, maintenance or correction of the same that are necessary to access the contents or use the services provided by this Site. The liability of the Company, or any other party acting on its behalf (regardless of whether it was involved in the creation, production, maintenance or implementation of the Site), or any other company in the Company's group, or any of their companies, directors, employees, partners or agents, is expressly excluded, for any amount and for any type of damage that may derive from the User or any third party (including, but not limited to, any direct, indirect, emerging damage, loss of profit, damage to goodwill, loss of data, contractual or non-contractual damage, revaluation, interest or otherwise, arising out of or in any way connected with the interruption of business, including due to mere omission or negligence, whether based on contractual or non-contractual liability) in any way dependent on the operation of the Site or in any way connected with the use, inability to use or results of use of the Site, or dependent on any other website that is linked to the Site or material on such websites, including, without limitation, loss or damage due to the spread of viruses that may infect your electronic equipment (PC or other), software, data or other property used to access, use or browse the Site by you or used to download materials from the Site or other sites linked to the Site.
9 - Responsibility for the use of software and services
THE SOFTWARE, SERVICES AND RELATED MATERIALS (WHERE APPLICABLE AND UNLESS OTHERWISE EXPRESSLY STATED) ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CORRESPONDING SOFTWARE, SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE OR DOWNLOAD WILL BE ERROR-FREE. IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, DISTRIBUTORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) RELATED TO ANY CLAIM, LOSS, DAMAGES, ACTIONS, SUITS OR OTHER PROCEEDINGS ARISING OUT OF OR RESULTING FROM THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, ACCESS TO OR EXPLOITATION OF SOFTWARE, SERVICES AND CORRESPONDING MATERIALS OR PARTS THEREOF, OR YOUR RELIANCE ON THEM, AND ANY RIGHTS GRANTED TO YOU UNDER THESE TERMS AND CONDITIONS, NOTWITHSTANDING NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. This limitation of liability is not intended to exceed the statutory limits or for cases of intent or gross negligence.
10 - Disputes and applicable law
These conditions are subject to Italian law. The User agrees to receive notification of any citations or proceedings that may become necessary by e-mail, registered mail or express courier with acknowledgement of receipt, sent to the address or delivery address provided when registering on the Site (or when activating a service or downloading software offered by the Company), or to any other address communicated to us from time to time in writing. Any dispute arising under or in connection with these Terms, including without limitation, disputes relating to the validity, interpretation, performance and breach thereof, shall be submitted to the exclusive jurisdiction of the Italian courts. The parties irrevocably agree that all disputes shall be settled exclusively by the court of the Court of Sassari (Italy), provided that you acknowledge that the Company has the right to institute proceedings to recover any amounts due to you under these Terms in any jurisdiction in which you operate or own property and that the Company may institute proceedings in any jurisdiction in connection with the enforcement or protection of intellectual property rights owned by the Company.
11 - Entire agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THE CORRESPONDING TERMS AND CONDITIONS. YOU ALSO AGREE THAT THESE TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND THE COMPANY, SUPERSEDING ANY PRIOR PROPOSALS OR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE COMPANY.