TERMS OF USE 25 May 2018 OWNERSHIP AND AGREEMENT TO TERMS OF USE This website (the Website ) is property of SEWS CABIND S.p.A ( SEWS CABIND ). These terms (the Terms of Use ) contain important information regarding your responsibility as a user of this Website. The following Terms of Use apply to all visitors or users of the Website. By accessing the Website, the user acknowledges and accepts the Terms of Use states herein. SEWS CABIND shall be entitled to amend these Terms of Use from time to time at its sole discretion and without notice. In the event that there is a violation of these Terms of Use, SEWS CABIND reserves its rights to seek all remedies available at law and equity. BY ACCESSING, BROWSING, USING AND/OR LINKING TO THIS WEBSITE, YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS WEBSITE. COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS All copyright, trademarks, design rights and other intellectual property rights (registered and unregistered) appearing on the Website belong to SEWS CABIND and/or third parties. SEWS CABIND reserves all of its rights and nothing in the Terms of Use grants you a right or license to use any trademark, design right or copyright owned or controlled by SEWS CABIND or any other third party. SEWS CABIND hereby authorises you the right to copy the material published on this Website exclusively for noncommercial use by you personally, or within your organization provided that you retain all copyright and other proprietary notices contained in the materials. SEWS CABIND hereby informs you that no other use of the materials is authorised. You may not copy or display for distribution or redistribution to third parties or for commercial purposes any portion of the materials. Nothing in these Terms of Use shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property right of SEWS CABIND. LINKING POLICY Unless approved in writing in advance by SEWS CABIND, you agree not to: provide or create a link to this Website; and create any frames at any other website pertaining to any materials located on this Website. Any applications for consent to link to the Website shall made to: communication@sewscabind.it. LINKS TO OTHER WEB WEBSITES This Website may contain links to third party Websites or services that are not owned or controlled by SEWS CABIND. SEWS CABIND is not responsible for and makes no representations or warranties concerning the contents of any linked website or any link contained in a linked website. SEWS CABIND provides links to you only as a convenience 1
and the inclusion of any link does not imply endorsement, investigation or verification by SEWS CABIND of the linked website. If you decide to access any thirty party websites linked to this Website, you do so entirely at your risk. SEWS CABIND shall be entitled to terminate any link to a third party website at any time and without notice. SEWS CABIND has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. In the event you have a dispute with any such third party, you hereby expressly release SEWS CABIND from any and all claims, demands and damages pursuant to the provisions contained herein. Furthermore, SEWS CABIND does not endorse the individuals, companies or other similar entitles, which provide a link to this Website at their websites. DISCLAIMER SEWS CABIND DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SEWS CABIND CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SEWS CABIND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SEWS CABIND DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SEWS CABIND SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST SEWS CABIND FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. SEWS CABIND reserves the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; to modify or change the Website, or any portion of the Website, and any applicable policies or Terms of Use; and to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. LIMITATION OF LIABILITY Except where prohibited by law, in no event will SEWS CABIND be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including but not 2
limited to lost profits, resulting from reliance on the information contained on this Website including damages arising from inaccuracies, omissions or errors or arising out of the use or inability to use this Website, even if SEWS CABIND has been advised of the possibility of such damages. In no event will the liability of SEWS CABIND be in excess of the amount paid for use of the Website or 100 in euros, whichever is less. INDEMNITY You agree to indemnify, and hold SEWS CABIND, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys fees), made against SEWS CABIND by any third party due to or arising out of or in connection with your use of the Website. PROHIBITED USE OF THIS WEBSITE By accessing this Website you agree not to: (iv) (v) use any data obtained as part of a commercial product, service or content offering; use any data obtained for solicitations, commercial or otherwise; sell or otherwise distribute any data obtained; incorporate any data into any e-mail, including browser based email; or use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant. By using the Website, you agree that: (iv) you shall not use any automated means, program, algorithm or methodology, or any similar or equivalent manual process, including, robot, spider or other automatic device to access, acquire, copy or monitor any portion of the Website or any of its contents, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. you may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website, by hacking, password "mining" or any other illegitimate means. you may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of SEWS CABIND, including any SEWS CABIND account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website. you shall not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or with any other person s use of the Website. 3
(v) (vi) you shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SEWS CABIND on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. you shall not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SEWS CABIND or others. SEWS CABIND reserves the right to deny access to any user or group of users to the Website, at its sole discretion, at any time, and for any or no reason, without liability and without notice. PRIVACY POLICY SEWS CABIND s Privacy Policy applies to use of this Website, and its terms of use are made a part of these Terms of Use by this reference. To view SEWS CABIND s Privacy Policy, [LINK HERE]. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. GOVERNING LAW These Terms of Use, and access to this Website are governed by the laws of Italy. Any legal action or proceeding relating to your access to, or use of, this Website shall be instituted exclusively to the courts located in Turin, Italy. You agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. WAIVER No delay or omission by SEWS CABIND to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms of Use shall impair any such right or power or be construed to be a waiver thereof. Any waiver by SEWS CABIND of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained. SEVERABILITY Each of the terms and limitations provided by these Terms of Use, including referenced terms and policies, are important to SEWS CABIND. In the event any provision contained herein, including referenced terms and policies, is held by a court of competent jurisdiction to be contrary to the law, the remaining provisions herein will remain in full force and effect, to the maximum extent possible. CONTACT US 4
If you have any questions about these Terms of Use, please contact us. communication@sews-cabind.it By clicking SUBMIT, I agree that: I have read and accepted the Terms of Use SUBMIT 5