The following are the terms and conditions under which Marco Acciarri, owner of Yourzone Sites, offers users access to its services available on the yourzone.website website.
1. DEFINITIONS
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, will have the meaning indicated below:
Owner:Â Marco Acciarri, Viale Buozzi 6 / A-3, San Benedetto del Tronto, (AP) Italy, VAT IT02225750443, e-mail address [email protected];
Application: the yourzone.website website, managed by the Owner, which offers “build your own” websites, web development and web marketing services;
Products: the products and / or services offered through the Application;
User: the person who accesses the Application, without distinction of legal nature and purpose pursued, interested in the Products offered through the Application;
Consumer: a natural person who acts for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out;
Conditions: this contract which governs the relationship between the Owner and Users;
2. REGISTRATION
In order to use certain features of the Application, Users must register by providing, truthfully and completely, all the data requested in the relevant registration form and accept the privacy policy (https://yourzone.it/privacy-center ) and these Conditions. The User has the duty to keep his / her login credentials secret
3. CANCELLATION AND CLOSING OF ACCOUNTS
Registered Users can stop using the Products at any time and deactivate their accounts or request deletion through the Application interface, if possible, or by sending a written notice to the email address [email protected]. The Owner, in case of violation by the User of these Conditions or of the applicable provisions, reserves the right to suspend or terminate the User’s account at any time and without notice.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
The Data Controller declares to be the owner and / or licensee of all intellectual property rights relating to and / or relating to the Application and / or the content materials available on the Application. These Conditions do not grant the User any relative user license to the Application and / or to the individual Contents and / or materials available therein, unless otherwise regulated. All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear in the Application are and remain the property of the Owner or its licensees and are protected by the laws in force on the trademarks and by the related international treaties, will be considered violations of the intellectual and industrial property right of the Owner.
5. EXCLUSION OF THE WARRANTY
The Application is provided and available “as is” and the Owner provides no explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that will never have interruptions or will be free of errors or that will be free of viruses or bugs. The Owner will endeavor to ensure that the Application is available 24 hours a day, but cannot in any way be held responsible if, for any reason whatsoever, the Application is not accessible and / or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner’s will or due to force majeure events.
6. DISCLAIMER
The Data Controller cannot be held responsible by the User, except in the case of willful misconduct or negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers, about damages, losses or costs incurred by the User due to failure to execute the contract for reasons not attributable to him. The User undertakes to hold harmless and hold harmless the Owner (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend themselves in court, which may arise in the event of damage caused to other Users or third parties, in relation to to the Uploaded Content or to the violation of the terms of the law or the terms of these Conditions. Therefore, the Owner will not be liable for:
1. any losses that are not a direct result of the breach of contract by the Owner;
2. any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, by way of example but not limited to, commercial losses, loss of revenue, revenue, profits or alleged savings, loss of contracts or relationships commercial, loss of reputation or goodwill value, etc.);
3. incorrect or unsuitable use of the Application by Users or third parties;
7. FORCE MAJEURE
The Data Controller cannot be held responsible for the failure or late fulfillment of its obligations, due to circumstances beyond the reasonable control of the Data Controller due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of will such, for example and not limited to, failures or interruptions to telephone or electrical lines, to the Internet and / or to other transmission tools, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the supply of products, services or third-party applications. The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur. The Owner will perform any act in his power in order to find a solution that allows the correct compliance with its obligations despite the persistence of events of force majeure.
8. LINKS TO THIRD PARTY SITES
The Application may contain links to third party sites. The Owner exercises no control over them and, therefore, is in no way responsible for the contents of these sites. Some of these links may refer to third party sites that provide services through the Application. In these cases, the general conditions for the use of the site and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
9. WAIVER
No waiver by either party of an article of these Terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
10. INVALIDITY OF INDIVIDUAL CLAUSES
If any provision of these Terms is illegal or invalid, it will not be considered as part of the Conditions and this will not affect the remaining provisions that will continue to be valid to the maximum extent permitted by law.
11. PRIVACY
The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be viewed at https://yourzone.it/privacy-center.
12. APPLICABLE LAW AND JURISDICTION
These Conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Owner is based. If the User is a consumer pursuant to Article 3 of the Code of Consumption, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right of the User-consumer to refer to a judge other than that of the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria of the articles 18, 19 and 20 of the civil procedural code.
13. RESOLUTION OF DISPUTES ONLINE FOR CONSUMERS
The European resident Consumer must be aware of the fact that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve, in a non-judicial manner, any dispute relating to and / or arising from contracts for the sale of goods and services entered into on the net. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract entered into with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr.
