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terms of use

TERMS OF USE

Access to and browsing of this website (the “Site”) by its users (the “Users”) implies acceptance of the present Terms of Use. Users who do not wish to accept the content of the present Terms of Use should cease accessing and browsing the Site. The Site is owned by Calligaris SpA. a socio unico, with a registered office address at Via E.T. Moneta, 40 - 20161 Milano (MI), Italy and operative headquarters at Via Trieste, 12 Manzano (UD) Italy (“Calligaris SpA”).


Purpose and features of the Site

The Site is operated mainly to promote the sale to the public of products distributed by Calligaris SpA. Further features are also provided for Users in specific sections of the Site, such as the option of registering on the Site by setting up a personal account to access reserved areas and contents, subscribing to mailing lists to receive newsletters relating to Calligaris SpA products and initiatives, participating in promotional initiatives and other features.

By accessing, browsing or using the Site and/or its services, Users represent and warrant that they are at least eighteen (18) years of age. 


Products and Services; Warranty Disclaimer and Limitation of Liability

Information on products and services on the Site is published for descriptive or promotional purposes only. No warranty is given for the correctness, completeness, accuracy or current nature of the information and images on the Site, including for example product or service descriptions, prices and/or statements of availability on the Site.

The appearance and colors displayed on Users’ devices also depend on the settings on such devices. Calligaris SpA can therefore not guarantee that these devices will always display the images published on the Site correctly.

Calligaris SpA reserves the right to alter or remove, temporarily or permanently, some or all of the products and/or services (and their features and specifications) published on the Site, and also to change the prices of such products or services, without notice to Users.

To the extent permitted under the applicable law, Calligaris SpA will under no circumstances be liable to Users or third parties for any loss or damage of any kind arising from the use of the Site and/or its contents.

Users undertake to indemnify and hold Calligaris SpA harmless from any legal action, complaint, third party-claim and from any related loss, damage and expense, including legal costs, arising from any improper or unlawful use of the Site by said Users.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE SITE ARE PROVIDED BY CALLIGARIS SPA ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

USERS EXPRESSLY AGREE THAT THEIR USE OF THE SITE IS AT THEIR SOLE RISK.  USERS SPECIFICALLY ACKNOWLEDGE THAT NEITHER CALLIGARIS SPA NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH USERS.  WITHOUT LIMITING THE FOREGOING, CALLIGARIS SPA DOES NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE VIRUS-FREE, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CALLIGARIS SPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. CALLIGARIS SPA OR ANY THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE SITE, ITS SERVERS, OR E-MAIL SENT FROM CALLIGARIS SPA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CALLIGARIS SPA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, USERS ACTION OR INACTION IN CONNECTION WITH THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, UNLESS OTHERWISE SPECIFIED IN WRITING.  THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION (INCLUDING EXTRA-CONTRACTUAL LIABILITY).  IF A USER IS DISSATISFIED WITH THE SITE, HIS/HER SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT CALLIGARIS SPA IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR USERS’ USE OR INABILITY OF USE THEREOF, CALLIGARIS SPA’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, CALLIGARIS SPA’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND SUCH USER MIGHT HAVE ADDITIONAL RIGHTS.

Calligaris SpA Content

All content included on the Site, such as works, images, button icons, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the  “Calligaris SpA Content”), is the exclusive property of Calligaris SpA, its affiliates, predecessor in title and/or its content suppliers, as applicable, and is protected by national and international copyright and other intellectual property laws  , including for example provisions on patents, trademarks and other international laws and agreements concerning intellectual property rights.

Use of Calligaris SpA Content is permitted only for personal, information and non-commercial use and not for resale, republication, distribution, assignment, sublicense, preparation of derivative works or other purposes. Except as expressly permitted in these Terms of Use, Users may not copy, reproduce, publish, distribute, display, modify, adapt, translate, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Site or any of the Calligaris SpA Content, in whole or in part, in any form or by any means, whether manual or automatic, without the prior express written consent of Calligaris SpA, its affiliates, and/or its content suppliers, as the case may be, in each specific instance. Reproduction of the intellectual property of the Site for the purpose of sale, distribution for commercial purposes, advertising or posting on other unauthorized sites is strictly prohibited.

Users shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using the name “Calligaris” or any other colorable equivalent without the prior express written consent of Calligaris SpA.  Calligaris SpA, its affiliates, and its content suppliers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Calligaris SpA Content.  Calligaris SpA, its affiliates, and its content suppliers shall have the right, at any time, to claim the authorship of any Calligaris SpA Content posted on the Site and to object to any use, distortion or other modification of such Calligaris SpA Content. 

The viewing, printing or downloading of any Calligaris SpA Content from the Site grants Users only a limited, revocable, nonexclusive and nontransferable license to (i) access and view the Site and the Calligaris SpA Content, and (ii) copy, download and store the Calligaris SpA Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Calligaris SpA Content, solely for User’s personal and non-commercial use.  No part of any Calligaris SpA Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for User’s personal use (but not for resale or redistribution).  Users agree that with respect to any copy or download of the Calligaris SpA Content, they will reproduce and include all copyright and/or other proprietary notices included in such Calligaris SpA Content.  The licenses granted hereunder immediately terminate in the event of improper use of the Site and the Calligaris SpA Content.

Users acknowledge and agree that any and all misappropriation or misuse of the Calligaris SpA Content and/or any other information contained on the Site will cause irreparable harm to Calligaris SpA and that in such event money damages will not constitute sufficient compensation to Calligaris SpA.  Consequently, in the event that Users, directly or indirectly, misappropriate or misuse the Calligaris SpA Content and/or any other information contained on the Site, Users specifically consent to Calligaris SpA obtaining injunctive relief against them in addition to any other legal or financial remedies to which Calligaris SpA may be entitled.

 

Calligaris SpA Trademarks

All trademarks - whether registered or otherwise and/or currently being registered in Italy or the rest of the world - , business names, logos, brands and names of products and services used, displayed and in any case contained on the Site are the exclusive property of Calligaris SpA and where relevant its parent or subsidiary companies or its content suppliers (the “Calligaris SpA Trademarks”). The present Terms of Use do not grant any right or option to use of the Calligaris SpA Trademarks, and Users agree not to use the Calligaris SpA Trademarks without the prior written authorization of Calligaris SpA or the applicable intellectual property owners.  

Calligaris SpA vigorously enforces its intellectual property rights to the fullest extent permitted by law.  Accordingly, Calligaris SpA will prosecute any unauthorized use or reproduction of the Calligaris SpA Trademarks, any of the Calligaris SpA Content, databases used to store the Calligaris SpA Content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

Third-party content

The Site may include, use, show or display content created by third parties, information obtained from public sources and/or links to external sites or web pages managed by third parties (the “Third-Party Content”) which are in no way connected to the Site. Calligaris SpA does not operate, control, monitor, endorse, or guarantee the accuracy or quality of the Third-Party Content, services or goods provided on third party websites, and therefore assumes no responsibility for the accuracy, safety or reliability of such Third-Party Content, providing no warranty whatsoever that such Third-Party Content is free of viruses or other features capable of damaging Users’ data and/or property. Calligaris SpA disclaims any liability to Users in relation to any loss or damage arising due to access and/or use of any Third-Party Content by Users or third parties.  The Site provides links to other websites exclusively for its Users’ convenience, and Calligaris SpA does not recommend that its Users access such third party websites, and any such use of any third party website is at the User’s sole risk.  Users should carefully read the terms and conditions of use, terms and conditions of sale and privacy policies of any third-party websites they access from the Site, as these Terms of Use and the Privacy Policy do not apply to websites operated by third parties. 
 

Intellectual Property Infringement Complaints

If Users believe that their intellectual property rights have been violated in any manner by the Site, they must provide written notice of the same to [email protected]. 

If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site.

 

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Calligaris SpA’s Copyright Agent designated below with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Calligaris SpA’s designated Copyright Agent to receive DMCA notices is: Tarter Krinsky & Drogin LLP

If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.

For any information or notification send notice:

By mail to:

Attn: Giuliano Iannaccone, Calligaris USA DMCA Agent

c/o Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor, New York, NY 10018; or

 

By e-email to:

[email protected]

Subject: Attn: Calligaris USA DMCA Agent; or

 

By phone to:

Giuliano Iannaccone

(212) 216-1110

Use of the Site

Use of the Site and the Calligaris SpA Content is permitted exclusively for personal and not business purposes, fully in accordance with the Terms of Use and all applicable legal provisions. Calligaris SpA reserves the right to terminate or suspend access by a User of the Site, without warning, where said User is deemed to have breached these Terms of Use or where such action is deemed necessary for security reasons of otherwise.
 

Changes to these Terms of Use

Calligaris SpA reserves the right, at any time and without notice, to modify, revise, add or delete part of the Terms of Use by updating this document. Users are invited to review the Terms of Use periodically. Any User not accepting such changes should cease using the Site. Use of the Site following the publication of the changes to the Terms of Use represents implicit acceptance of the changes by the User.

Miscellaneous

For any other legal information concerning access to, use of, and purchases made on the Site or the way the Site may use and collect User personal information, please read the Site’s Terms of Sale and Privacy Policy (together with these General Terms and Conditions of Use, collectively, the “Website Policies”), which are incorporated into these Terms of Use by this reference. 

The Website Policies and their interpretation shall be governed by the laws of the State of New York, without regard to its conflicts of law rules.  Any disputes hereunder shall be resolved in the courts of the State of New York, County of New York.

If any condition of any part of the Website Policies shall be deemed invalid, void or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any other provision hereof or any term of the remaining Website Policies.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.  The Website Policies constitute the entire agreement between User and Calligaris SpA with respect to User’s use of the Site and the Calligaris SpA Content, and supersede any and all prior understandings or agreements between User and Calligaris SpA, whether written or oral.  Users acknowledge that, in providing them with access to and use of the Site and the Calligaris SpA Content, Calligaris SpA has relied on their acceptance of these Terms of Use.

 


5/4/2023 10:03:38 AM