TERMS OF USE
Last updated July 1, 2020
AGREEMENT ON TERMS
These Terms of Use constitute a legally binding agreement between you, either personally or on behalf of an entity ("you") and Ideamedia web agency ("Company," "we," "us," or "our"), regarding access and use of the website https://ideamedia.org as well as any other multimedia form, multimedia channel, mobile website, or mobile application related, linked, or otherwise connected (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of the following Terms of Use. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST IMMEDIATELY DISCONTINUE USE.
Additional terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of any updates. You will be subject to, and will be deemed to have been advised of and to have accepted, any changes to any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, individuals who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to specific industry regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use this Site. You may not use the Site in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users aged 13 and over. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read these Terms of Use before using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Trademarks") are owned or controlled by us or licensed to us, and are protected by U.S. copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and Trademarks are available on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Trademarks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content that you have properly accessed solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Trademarks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and agree to comply with the following Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside or, if you are a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable laws or regulations.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register on the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username selected by you if we believe, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Products
All products are subject to availability. We reserve the right to discontinue any product at any time for any reason. Prices of all products are subject to change.
PURCHASES AND PAYMENTS
We accept the following forms of payment:
– Seen
– Mastercard
– American Express
– Discover
– PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments are made in euros.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping charges, and you authorize us to charge your chosen payment provider for such amounts at the time of order transfer. If your order is subject to recurring charges, you consent to our method of charging on a recurring basis without requiring prior approval for each recurring charge, until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by resellers, retailers, or distributors.
REFUND POLICY
All sales are final and no refunds will be issued.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavor, except those that are specifically approved or endorsed by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
2. Make any unauthorized use of the Site, including collecting users' usernames and/or email addresses electronically or by other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
3. Engaging in unauthorized framing or linking to the Site.
4. Misuse our support services or submit false reports of abuse or misconduct.
5. Engage in any automated use of the system, such as using scripts to post comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6. Attempt to impersonate another user or person, or use another user's username.
7. Use any information obtained from the Site to harass, abuse, or harm another person.
8. Use the Site as part of any effort to compete with us or otherwise use the Site and/or Content for any revenue-generating or commercial enterprise.
9. Decipher, decompile, disassemble, or decode any software that comprises or in any way forms part of the Site.
10. Attempt to circumvent any measure of the Site designed to prevent or restrict access to the Site or any part of the Site.
11. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing you with any part of the Site.
12. Remove copyright or other proprietary rights notices from any Content.
13. Copy or adapt the software of the Site, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
14. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Site by any party or modifies, alters, or interferes with the use, functions, features, operation, or maintenance of the Site.
15. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphic interchange formats ("gif"), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCMs").
16. To disparage, defame, or otherwise damage, in our opinion, us and/or the Site.
17. Use the Site in a manner inconsistent with applicable laws or regulations.
USER-GENERATED CONTENT
The Site does not offer users the opportunity to submit or publish content. We may provide you with the opportunity to create, submit, publish, display, transmit, perform, post, distribute, or broadcast content and materials to us or on the Site, including, but not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, all Contributions submitted may be treated in accordance with the Site's Privacy Policy. When you create or make Contributions available, you represent and warrant that:
1. The creation, distribution, transmission, public display or performance, and access, download, or copying of your Contributions does not and will not infringe the proprietary rights, including, without limitation, copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions for the use and authorization of use by us, the Site, and other users of the Site in any manner contemplated by the Site and these Terms of Use. You have the written consent, release, and/or permission of each and every person identifiable in your Contributions to use the name or likeness of each and every such person to allow for the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.4. Your Contributions are not false, inaccurate, or misleading.5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.6. Your Contributions are not obscene, lewd, lascivious, dirty, violent, harassing, defamatory, libelous, or otherwise objectionable (as determined by us).7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.9. Your Contributions do not violate any applicable law, regulation, or rule.10. Your Contributions do not violate the privacy or publicity rights of any third party.11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits anyone under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law regarding child pornography, or otherwise intended to protect the health or welfare of minors;
13. Your Contributions do not include offensive comments related to race, national origin, sex, sexual preference, or physical disability.14. Your Contributions do not otherwise violate, nor link to material that violates, any provision of these Terms of Use or any applicable law or regulation.
Any use of the Site or Marketplace Offerings in violation of the following Terms of Use violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and Marketplace Offerings.
CONTRIBUTION LICENSE
You and the site agree that we may access, store, process, and use all information and personal data provided by you in accordance with the terms of the Privacy Policy and the choices you have made (including your settings).
By submitting suggestions or other feedback on the Site, you agree that we may use and share such feedback for any purpose without compensation to you.
We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and expressly agree to hold us harmless and refrain from any legal action against us in connection with your Contributions.
GUIDELINES FOR REVIEWS
We may provide areas on the Site for you to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have direct experience with the person/entity being reviewed; (2) your reviews must not contain offensive profanity or offensive, racist, abusive, or hateful language; (3) reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) reviews must not contain references to illegal activities; (5) you should not be affiliated with competitors when posting negative reviews; (6) you should not draw any conclusions about the legality of conduct; (7) You may not publish false or misleading statements; and (8) You may not organize a campaign encouraging others to publish reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if someone considers reviews to be objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the opinions of any of our affiliates or partners. We assume no responsibility for any review or for any claims, liabilities, or losses arising from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right to reproduce, modify, translate, transmit, broadcast by any means, display, perform, and/or distribute all content related to the reviews.
Comments
You acknowledge and agree that all questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Marketplace Offerings ("Submissions") provided by you are non-confidential and become our exclusive property. We will retain exclusive rights, including all intellectual property rights, and will be entitled to unlimited use and dissemination of such Submissions for any lawful, commercial, or other purpose, without acknowledgment or compensation. You hereby waive all moral rights in such Submissions, and hereby warrant that such Submissions are original with you or that you have the right to submit such Submissions. You agree that there is no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Comments.
SITE MANAGEMENT
We reserve the right, but are not obligated, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) at our sole discretion and at our sole discretion, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any part thereof; (4) at our sole discretion and without prior notice or liability, remove from the Site or otherwise disable any files and content that are excessively large or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Marketplace Offerings.
Privacy Policy
We care about privacy and data security. Please see our Privacy Policy Privacy Policy: https://ideamedia.org/privacy-policy. By using the Site or Marketplace Offers, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Site and Marketplace Offers are hosted in Italy. If you access the Site or Marketplace Offerings from any other region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from those applicable in Italy, through your continued use of the Site, you are transferring your data to Italy and expressly consent to the transfer and processing of your data in Italy. Furthermore, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided us with personal information without the necessary and verifiable parental consent, we will delete that information from the Site as quickly as possible.
TERM AND TERMINATION
The other Terms of Use remain in full force and effect during your use of the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE AND MARKETPLACE OFFERS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR VIOLATION OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND MARKETPLACE OFFERS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account in your name, a false or borrowed name, or the name of any third party, even if you may be acting on behalf of third parties. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation to seek civil, criminal, and injunctive relief.
CHANGES AND INTERRUPTIONS
We reserve the right to change, modify, or remove the content of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update the information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any changes, price changes, suspension, or discontinuation of the Site or Marketplace Offerings.
We cannot guarantee that the Site and Marketplace Offerings will always be available. Hardware, software, or other problems may occur, or maintenance may be required on the Site, resulting in interruptions, delays, or errors. We reserve the right to modify, revise, update, suspend, discontinue, or otherwise change the Site or Marketplace Offerings at any time or for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site or Marketplace Offerings during any downtime or interruption of the Site or Marketplace Offerings. Nothing in these Terms of Use shall be construed to oblige us to maintain and support the Site or Marketplace Offerings or to provide any corrections, updates, or releases in connection with such solutions.
GOVERNMENT LAW
These terms and conditions are governed by and interpreted in accordance with Italian law, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU and you are a consumer, you also have the protection provided by the mandatory provisions of the law in your country of residence. Ideamedia web agency and you agree to submit to the non-exclusive jurisdiction of the courts of Syracuse, Sicily, Italy, which means that you can make a claim to defend your consumer protection rights with regard to these terms of use in Italy or in the EU country where you reside.
DISPUTE RESOLUTION
Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim relating to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except for those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations shall begin upon written notice from one Party to the other.
Binding arbitration
Any dispute arising from the relations between the Parties to this contract shall be determined by an arbitrator who shall be chosen in accordance with the arbitration and internal rules of the European Court of Arbitration, which is part of the European Arbitration Center based in Strasbourg and which are in force at the time the request for arbitration is filed, and the adoption of this clause constitutes acceptance thereof. The seat of arbitration shall be Padua, Italy. The language of the proceedings shall be Italian. The applicable substantive law shall be Italian law.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-wide basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other person.
Exceptions to informal negotiations and arbitration
The Parties agree that the following Disputes are not subject to the above provisions relating to informal negotiations and binding arbitration: (a) any dispute seeking to enforce or protect, or relating to the validity of, a party's intellectual property rights; (b) any dispute relating to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither party shall elect to arbitrate any dispute that falls within that part of such provision that has been found to be illegal or unenforceable, and such dispute shall be decided by a court of competent jurisdiction within the courts listed for the jurisdiction above, and the Parties agree to submit to the personal jurisdiction of such court.
Corrections
The Site may contain information that includes typographical errors, inaccuracies, or omissions that may relate to Marketplace Offers, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time without notice.
Disclaimer
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE'S SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND ITS USE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THIS SITE AND WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ITEMS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY THIRD PARTIES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY THIRD PARTIES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY THIRD PARTIES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY THIRD PARTIES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY THIRD PARTIES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY THIRD PARTIES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO THE SITE OR THROUGH THE SITE BY E/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIAL OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, any hyperlinked website or any website or mobile application featured in any banner or other advertising, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM THE USE OF THE SERVICE. INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF THE USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY US DURING THE TRIAL PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. SOME U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Compensation
You agree to defend, indemnify, and hold us harmless, including our other controlled activities, our affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of your use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) infringement of the rights of any third party, including, but not limited to, intellectual property rights; or (5) any act of harmful to any other user of the Site with whom you have connected through the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
USER DATA
We will retain certain data that you submit to the Site for the purpose of managing the Site's performance, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data submitted by you or relating to any activity undertaken using the Site. You agree that we shall not be liable to you for any loss or corruption of such data and you waive any right of action against us arising from such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and filling out online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER DOCUMENTS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. The user waives any right or application under any statute, regulation, rule, ordinance, or other law in any jurisdiction that requires an original signature or delivery or retention of non-electronic documents, or payments or the granting of credits by means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If a complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by phone at (800) 952-5210 or (916) 445-1254.
Miscellaneous
These Terms of Use and the rules or operating rules published by us on the Site or in respect of the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The following Terms of Use operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be liable or responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use shall not be construed against us by virtue of having drafted them. You waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signature by the parties to execute these Terms of Use.
CONTACT US
To resolve a complaint regarding the Site or to receive further information on the use of the Site, please contact us at:
Ideamedia web agency
44a Confalonieri Street
Padua, Padua 35131
Italy
Phone: 039-3298044265
info@ideamedia.org
