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De Agostini Editore: Italian multi-national leader in contents,
products and services. Company of the De Agostini Group.
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Legal Notes
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Legal notes: General conditions of use of the Company's site and services
Article 1 Subject
The General Conditions set out hereunder govern the use of the present internet site (hereinafter the "Site") and all the services provided through the Site (hereinafter the "Services") by De Agostini Editore S.p.A., whose registered office is at Via Giovanni da Verrazzano 15, Novara, (hereinafter "De Agostini") to a user accessing the same (hereinafter the "User"). By virtue of its use of the Site and/or the Services, a User expresses de facto its acceptance of the present General Conditions. For this reason if a User does not assent to the whole or part of the said General Conditions, it is invited by De Agostini to refrain from using the Site and/or the Services. De Agostini reserves the right to modify, integrate or vary the present General Conditions at any time.
Article 2 Terms and limits applicable to the use of the Site and the Services
The Services provided by De Agostini through its Site have as their subject-matter information relating to all the activities of the publishing sub-holding company of the De Agostini Group. The Site and the Services are furnished for the sole personal use of the User, provided that this occurs without the drawing of any profit therefrom and in the absence of direct or indirect commercial purposes, and on condition that the User does not disseminate the contents of the Site nor alter, modify or cancel its contents, including the indications concerning copyright, trade marks or any other indication of a sole property right. For this reason, therefore, and by way of an example, the contents of the Site cannot be modified, reproduced, duplicated, copied, distributed sold or in any other way exploited commercially by the User, nor can the software employed by the Site by copied, modified, decompiled, reverse engineered or disassembled by the User. The Site and its contents, as well as the Services, cannot be used for illegal purposes and the User undertakes not to violate any technological measure for the protection of the Site. The User also undertakes to observe De Agostini's intellectual and/or industrial property rights as set out more fully in art. 4, infra.
Article 3 Terms and conditions for the use of the Services
Enjoyment of some Services could be made subject to the obligation of the User to record such enjoyment in accordance with the instructions indicated on each occasion through the Site. Handling of the User's personal data will take place in keeping with the terms of the Privacy Policy published on the Site. Users are invited by De Agostini to examine this Policy.
Article 4 Intellectual and/or industrial property rights
The whole of the contents of the Site including, by way of example only and not exhaustively, logos, pictures (drawings and/or iconographic material, including photographs), sounds, musical excerpts, software, texts, icons, graphics, databases and software programs used in the Site itself, source code, application projects, formulae and algorithms are the property of De Agostini or its licensors and protected by the provisions of the law relating to copyright, trade marks, patents and other intellectual and/or industrial property rights. In particular, denominative, figurative filed, registered and/or de facto trade marks and the denominations of De Agostini and/or its products or services are the property of De Agostini and cannot be in any way employed without the prior, specific consent of De Agostini in writing. The User also recognises that any contents presented in the advertising insertions, banners and spots or the information presented to the User on the occasion of the Services or through any insertionist are protected by the provisions of the law relating to copyright, trade marks, patents and other intellectual and/or industrial property rights. Any such use not previously authorised by De Agostini in writing or in any in conflict with the provisions of these General Conditions, including, by way of example only and not exhaustively, the reduction, modification, distribution, transmission and reproduction of the contents of the Site and/or the Services is strictly forbidden and prohibited by law, and may be made the subject of legal proceedings.
Article 5 Links
Visualisation of links to other internet sites or any resources of the web is achieved via the Site and/or through the use of the Services. The User is enabled, by means of the said links, to leave the Site and access other internet sites referable to De Agostini Group companies or to other companies (hereinafter "External Sites", characterised by a different domain name). Since the contents and/or services of the External Sites may not be controlled by De Agostini, it follows that: (i) the information and opinions expressed by the External Sites do not necessarily reflect De Agostini's position, nor can they be attributed to or taken to be endorsed by De Agostini itself; (ii) the contents and/or services of the External Sites may not conform to the regulations applicable or may in any event be regulated in a manner different from that prescribed to the present Site and Service; (iii) whenever the User accesses via a link the External Sites of De Agostini's foreign affiliates or those of other non-Italian subjects, the contents and/or services of such foreign External Sites shall be governed in accordance with the international regulations individually applicable to the same. For this reason, De Agostini calls upon Users deciding to leave the Site in order to access External Sites to always read the legal notes and privacy policy of each External Site thus accessed. The User recognises that De Agostini can in no wise be held responsible for the contents and/or advertising insertions and/or the operation of the External Sites and/or the products and services of every kind (including e-business) promoted, offered or merchandised therein. The User also recognises that De Agostini can in no wise be held liable, whether directly or indirectly, for any damna suffered by the User in relation to the contents of the External Sites, nor in relation to acquisitions or the enjoyment of goods and services effectuated through the External Sites.
Article 6 Exclusion of warranties and limitation of liability
Warranties
De Agostini may from time to time modify, reposition or cancel parts of or add parts to this Site, including the entirety of its contents, the Services and the software. The materials contained in the Site are supplied "in their present state" and without warranties of any kind, whether express or implied. De Agostini does not warrant nor issue statements concerning the use or the results of the use of the contents present in the Site and/or Services in terms of their correctness, accuracy, reliability or any other feature. All the materials reproduced on the Site are to be understood as updated at the original date of publication. The fact that a document is available on the Site does not mean that the information contained therein has not been modified or replaced in the light of subsequent events or by a document published at a later date. De Agostini is under no obligation to update the information or statements present on the Site, and hence such information or statements should not be regarded as current at the date when the User accesses the Site. In addition, any part of the materials available on the Site could contain technical inexactitudes or typographical errors
Other information and commercial or financial data
Any forms of advice, counsel, consultancy or information of whatever kind,, whether written or oral, supplied to or in any manner obtained or gathered by the User by means of the Site or the Services shall not result in the creation of any type of warranty or other obligation on the part of De Agostini. De Agostini does not guarantee the fitness for the purpose of such technical or specialised information as the User may find on or through the agency of the Site and/or the Services, the User being always and solely responsible for checking such discovered information prior to using it in any way. For this reason, and with particular regard to such commercial or financial data as may be expressed in the Site, De Agostini calls upon Users to inspect the official, updated financial statements made available to the public by De Agostini, without in any way taking as a basis or relying upon that which is contained and indicated in the Site and/or the Services.
Liability
To the fullest extent permitted by law, De Agostini excludes all warranties, whether express or implied, including therein, by way of example only and not exhaustively, implied warranties of merchantability, suitability for a particular purpose and non-infringement. De Agostini does not warrant the correctness, accuracy, completeness or usefulness of the information contained in the Site. De Agostini does not guarantee that the Site and/or the Services will not be subject to interruptions or will be free from errors, that defects will be corrected and that the Services, the Site or the server that renders them available are free from viruses or other harmful elements. Any content and/or material downloaded or otherwise acquired from or through the agency of the Site and the Services shall be deemed to be obtained at the sole and exclusive discretion and at the sole risk of the User, who is solely and exclusively responsible for any damage to its computer or for any loss of data stemming from the fact of having downloaded such contents and/or materials or from having used the Site and/or the Services. It is thus to be understood that in the event of errors and/or injurious circumstances, De Agostini shall not incur any cost for servicing, repairs or correction. In addition, without prejudice to cases of fraud or culpable negligence, De Agostini shall on no account be liable for damna, whether direct or indirect, stemming from the use, failed use or impeded use of the Site and/of the Services
Article 7 Relief of liability
The User undertakes to use the Site and the Services solely in keeping with the present General Conditions and the law, for legitimate purposes, in accordance with the rules of correctness and diligence, and in any event without injury to the rights of De Agostini or others.
The User takes full responsibility for its conduct insofar as this involves the Site or the Services (for example, comments, data or texts sent via the Services or the Site), and relieves and holds De Agostini free from any consequent claim for damages or other claims advanced by other for facts referable to the User or in any event to persons authorised by the same to access the Site or the Services.
Article 8 Enjoyment of services against payment or acquisition of goods
In the case of Services provided by subscription against payment or the acquisition of goods by the User, there shall be applied, in addition to these General Conditions, the Particular Conditions in force from time to time relating to the service or product selected. The rules governing distance contracts laid down by Legislative Order No. 206 of 6.9.2005 (the "Consumption Code") shall also be applied.
Article 9 Choice of law and forum
These General Conditions are governed by Italian law. In the event of any dispute arising from or connected with these General Conditions or relating in any way to the Site or the Service, jurisdiction shall be solely vested in the Milan Court.
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