Informativa legale
Introduction
Welcome to the Terms of Use of DigitalButik.it
1.1Thank you for choosing to use our services.
Below we have listed important legal conditions that apply to everyone who visits our website or uses our services. These conditions are necessary in order to protect both parties, both the user and us, as well as to make our services possible and more enjoyable for everyone. Digital Butik offers a wide range of services and features and part of the conditions set out below may not be relevant to the specific services used by the User.
We understand that the legal terms can be tiring to read, so we've tried to make the experience more enjoyable.
If you have suggestions on how we can improve, we remind you that they are more than welcome by contacting us atarelegal@digitalbutik.it
Attention! Please read carefully!
This legal information will be useful for you to understand clearly how our site works e our ways of doing business online.
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Browsing the DigitalButik.it website, you fully accept these Terms of Use.
We offer a variety of Services and sometimes additional terms and conditions may apply. If you use any Digital Butik Services (for example: Your Profile, Coupons or Digital Butik applications for mobile devices), you will also be subject to the general terms, guidelines and conditions applicable to that particular service ("Terms of Service"). In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Service will prevail.
Notification form and procedure for reporting violations of rights
1.2Our aim
DigitalButik.it is our virtual headquarters, we use this platform to offer our digital services, updates, free and/or paid content and guides, products and software to our customers and users. Our goal is to make the web accessible to the most marginal realities such as SMEs and Professionals who do not have the same resources and the same awareness of large companies to access the immense commercial potential that the web offers._cc781905-5cde-3194- bb3b-136bad5cf58d_
1.2Legal Agreement
These terms of use of DigitalButik.it ("Terms of Use"), together with the supplementary conditions that specifically concern some of our services and some of our functions as presented (e) on (s) site (s) DigitalButik. it ("Digital Butik Site") and, collectively, the ("Digital Butik Terms"), all constitute the General Terms, in their entirety, applicable to each of our visitors or users ("User" or "you") of the Digital Butik Site, the Digital Butik mobile application (the "Digital Butik App") and/or any other services, applications and features offered by us in relation to it, unless expressly stated otherwise (all services offered through the Site of Digital Butik or the Digital Butik App are collectively referred to as the “Digital Butik Services” or “Services”).
The Digital Butik Terms constitute a binding and legally valid legal agreement between Digital Butik / DigitalButik.it (“Digital Butik”, “we” or “us”) and the User in relation to the use of the Digital Butik Services, therefore we invite to read them carefully.
The User has the right to visit the site and/or use the Digital Butik Services and/or the Digital Butik App only if he accepts the Digital Butik Conditions and by using and/or registering for any Digital Butik Service, the The User expresses Where the User does not intend to read, fully understand and accept the Digital Butik Terms, he is invited to leave this Digital Butik website and to avoid or interrupt any use of the Digital Butik Services. By using our Services, the User declares to have read our Privacy Policy available on http://www.wix.com/about/privacy (“Privacy Policy”).
Your navigation is protected
by these Terms of Use, some Services may
have additional Terms.
By using the website you fully accept our Terms of Use.
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By visiting our website or using our application and/or our services, you enter into a legal agreement with us, consisting of these Terms of Use, and the legal terms of our additional services.
By using our services, the User accepts these Terms and declares to have read our Privacy Policy. Failure to accept all of our Terms will preclude the use of our Services by the User.
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Art. 1 YOUR USER ACCOUNT
You may need your own user account to use certain Digital Butik Services
and be required to log into your account and have a valid payment method associated with it.
If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You will be able to manage the payment options from the user menu.
If you use the Digital Butik Services, you are required to keep your account and password confidential and to control access to your computer and devices, and you agree, to the extent permitted by applicable law, to be held responsible for all the activities that will be carried out with your account and password. You undertake to take all necessary precautions to ensure that your password remains secure and confidential and you undertake to inform us immediately if you have reason to believe that any third party has knowledge of your password, or if your password is, or is likely to be, used in an unauthorized manner.
You are required to ensure that the information you provide to us is correct and complete and to notify us immediately of any changes to the information you have provided. You will be able to access your information from the section my account of the site.
You must not use the Digital Butik Services: (1) in such a way as to cause, or could cause, interruptions, damages or malfunctions to the Digital Butik Services and its functionalities, or (2) for fraudulent purposes, or in any case to commit illegal activities , or (3) to cause annoyance, injury or concern.
We reserve the right to prevent access to Digital Butik Services or to close your account if your behavior constitutes a justified reason to do so. This will happen, in particular, in the event of a violation of current legislation, applicable contractual provisions, our guidelines or our policies, all accessible on our site. Notwithstanding such limitation or closure, you may continue to have access to the content and services purchased up to that point.
To use some of our Services, you need to create a User Account.
It will be the User's responsibility to keep his username and password safe and secure and to allow only trusted people to access his account or the settings of his website.
All activities that occur on the User Account or on the User's Website are the responsibility of the User.
The account information you provide to us must be about yourself (or your business) and be accurate and complete.
In the event of a dispute regarding a user account, we may verify ownership of that user account.
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Art. 2 USER DUTIES
2.1 The User declares and guarantees:
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you are at least eighteen (18) years of age and have reached the legal age of majority in your jurisdiction and have the legal authority, right and freedom to enter into the Digital Butik Terms and enter into a binding agreement, for account of the User or the natural or legal person bound by the User to the Terms of Digital Butik;
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that you are not a resident of (or that you do not use the Digital Butik Services) in a country to which the US government has declared an embargo on the use of the Digital Butik Services, nor that you have been (a) named (a) in the list of United States Department of the Treasury designated as “Specially Designated Nationals” or affected by (a) any other applicable trade sanctions legislation;
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that your country of residence and/or the country of incorporation of your company is the same country specified in the contact information and/or billing address provided to us by the User
2.2 The User undertakes and agrees to:
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fully comply with all laws and all other contractual conditions governing the use of the Digital Butik Services (and any related interaction or transaction)
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be solely responsible and guarantor of compliance with any type of use of the Digital Butik Services that take place on your User Account
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receive from time to time promotional messages and materials from Digital Butik or its partners, by mail, e-mail or any other form of contact that the User may provide us (including the User's telephone number to make calls or 'sending text messages). If you do not wish to receive such promotional materials or communications, we remind you that you can opt-out at any time;
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It is the exclusive discretion of Digital Butik the choice of the means, ways and methods to carry out the Digital Butik Services, including those concerning the hosting, the CMS and the Registrar.
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Digital Butik shall have the right to offer the Digital Butik Services under alternative rate plans and impose different restrictions regarding uploading, storage, downloading and use of the Digital Butik Services under each rate plan, including, a but not limited to, restrictions on network traffic and bandwidth, size and/or duration of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to User Content, etc.
2.3 The User agrees and undertakes not to:
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copy, modify, reuse, create derivative works from, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Digital Butik Website, the Digital Butik Services (or any part thereof), the Content offered by Digital Butik or Third Party Services for use and display within the User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly, perform, transmit or distribute a of the aforementioned, without the specific prior written consent of Digital Butik and/or as expressly permitted by the Terms of Digital Butik;
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use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
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Phish, collect, upload, or otherwise make available credit card information or other forms of financial data used to collect payments, except in full compliance with applicable laws, including, if applicable, PCIDSS;
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upload, post, collect or otherwise make available within the Digital Butik Website or Digital Butik Services (or any part thereof), (i) any malicious, illegal, defamatory or obscene Content; and/or (ii) any "Protected Health Information" as defined in the Federal Health Insurance Portability and Accountability Act ("HIPAAA").
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publish and/or make any use of the Digital Butik Services or the Licensed Content on any website, means of communication, network or system other than those provided by Digital Butik and/or adapt the frame, use "deep link" programs , “page scrape”, “mirroring” and/or create a browser or border environment around any Digital Butik Service, the Licensed Content and/or the User Platform (or any portion thereof), except as expressly permitted by Digital Butik, in advance and in writing;
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use any “robot”, “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Digital Butik Services (or the related data and/or Contents), or in any way reproduce or circumvent the navigation structure or presentation of any Digital Butik Service to obtain or attempt to obtain any material, document, service or information through any means that is not intentionally made available through the Digital Butik Services;
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act in a way that could be perceived as damaging to the reputation and goodwill of Digital Butiko which could bring Digital Butik into disrepute or damage it;
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buy keywords in search engines or other "pay per click" services (such as Google AdWords) or domain names that use Digital Butik or Digital Butik trademarks and/or variations and misspelled words thereof;
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impersonate other persons or entities or provide false information on the Digital Butik Services, either directly or indirectly, or perform any manipulation in order to disguise your identity or the origin of any message or transmission you send to Digital Butik and/or any Users Finals;
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falsely state or misrepresent your affiliation with any person or entity, or falsely state or imply that Digital Butik or any third party shares your business,
the User's Products or any representations made by the User; -
interfere with or violate the right of any other user to protect their privacy or other rights, or collect or hoard personal information about visitors or users of the Digital Butik Services and/or the User Platform without their express and informed consent;
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disable, circumvent, ignore or in any case avoid the measures aimed at preventing or limiting access to the Digital Butik Services, to the account of one or more users other than the User or to other systems or networks connected to the Digital Butik Services through actions of " hacking”, “password mining” or other unlawful and prohibited means;
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wave, scan or test the vulnerability of the Digital Butik Services or any network connected to the Digital Butik Services;
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upload to the Digital Butik Services and/or otherwise use the same to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan horse, time bomb, web bug, spyware, malware or any other computer code, file or program that can or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment or any other code or component that is actually or potentially harmful, disruptive or invasive;
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take any action that imposes an unreasonable or disproportionate load on the Digital Butik Services infrastructure or Digital Butik systems or networks connected to the Digital Butik Services, or otherwise interfere with or disrupt the operation of any Digital Butik Service or servers or networks that host or make them available, or fail to comply with the requirements, procedures, policies or regulations of such servers or networks;
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use any Digital Butik Service in connection with any form of spam, junk mail, fraud, scam, phishing, “chain letter”, “pyramid scheme” or similar behavior, or otherwise engage in unethical marketing or advertising ;
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access the Digital Butik Services, User Accounts, Licensed Content by any means or technology (for example scraping i.e. retrieving data from sources and crawling i.e. searching for data by indexing), other than through our publicly supported interfaces.
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sell, license, or commercially exploit any use of or access to the Licensed Content and/or Digital Butik Services, except as expressly permitted by the Digital Butik Terms;
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remove or alter any copyright notices, watermarks, restrictions, and marks that indicate proprietary rights of any of our licensors, including the Copyright Mark [©], Creative Common [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Digital Butik Services and/or Licensed Content;
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violate, attempt to violate, or otherwise fail to comply with any of Digital Butik's terms or any law or regulation applicable to your use of the Digital Butik Services;
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access or use the Services for benchmarking or similar competitive analysis purposes, or to create a competitive product or service.
The User acknowledges and accepts that his inability to comply with any of the aforementioned obligations or any false representation made by the same pursuant to these could result in the immediate termination of the User Account and/or any service provided to the User, with or without further notice and without any refund of the sums paid due to such Services.
You can purchase our products and services directly from the site. Your order must be accepted and you may have to sign an "Oscon model" contract
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In order to use our services, there are certain obligations and conditions that you must meet.
Among others, it is necessary that the User has reached the age of majority and that he resides and uses our services in a permitted place.
In addition, you must own the rights in the content you upload or post or that we access, import and/or upload for you through our services, ensure that such content is legal and reliable, and that all actions you take with them (or that you allow Wix or its end users to take) are lawful.
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Duties of the user:
The User must comply with all applicable laws.
The User will be responsible for his own actions and for the actions of anyone who accesses the User Account or the User's Website settings.
You should regularly save backup copies of your content.
You agree that we or our partners may send you promotional messages and content.
The User can easily opt out of receiving promotional messages by contacting us.
You authorize us to use your Website for our promotional activities and to determine how the services will be performed.
The User agrees that Digital Butik has the right to impose and change the tariff plans for its Services. In addition, Digital Butik may impose restrictions depending on the specific use of the Service made by the User.
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In general, we just want you to be polite and not take any action that could harm us or anyone else.
Among others, you may not copy our materials, use any content in an illegal or harmful manner, use our services or content on any platform or website not provided by us, misrepresent or misuse our Services, or otherwise violate the rights of any individual or any applicable law.
Failure to comply with any of these rules may result in the cancellation of the User Account and the interruption of the provision of any services to the User.
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Art. 3 INTELLECTUAL PROPERTY
& USER LICENSE
All right, title and interest in and to the Digital Butik Services, including all copyrighted materials or any other content that is or may be subject to intellectual property rights under applicable law (including works by art, graphics, images, website templates and widgets, literature, source and object codes, computer code (including HTML), applications, audio, music, video and other multimedia files, designs, animations, interfaces, documentation , derivatives and versions thereof, methods, products, algorithms, data, interactive features and objects, advertising and procurement tools and methods, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and other proprietary identifiers, also registered and/or potentially registrable (collectively, "Intellectual Property"), as well as any derivations thereof, are owned by and /or licensed to Digital Butik.
Subject to full compliance by the User with Digital Butik's Terms and timely payment of all applicable Fees, Digital Butik grants the User, upon creation of a User Account and for as long as Digital Butik wishes to provide the Digital Butik Services, a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Digital Butik Services and Licensed Content solely as expressly permitted under the Digital Butik Terms and only in scope of Digital Butik Services.
The Digital Butik Terms do not convey any right or interest in Digital Butik's Intellectual Property (or any part thereof), except only for the limited license expressly granted. Nothing in the Digital Butik Terms constitutes an assignment or waiver of Intellectual Property rights
of Digital Butik in accordance with the law.
We own all rights to our services, content, data, technology and features.
You may use our services and content provided you fully comply with these Terms and ensure full and timely payments.
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Art. 4 PRIVACY
Certain portions of the Digital Butik Services (including certain Third Party Services available therein, as further explained in'art. x below) require or involve the disclosure, collection and/or use of certain personally identifiable and personally identifiable information. In particular, and as part of accessing or using the Digital Butik Services, Digital Butike such Third Party Services may collect, access and use certain data relating to the User and the End Users, including the activities or navigation undertaken by the User and by the End Users through the Digital Butik Services and/or the User Platforms. We invite the User to periodically read our Privacy Policy and relevant policies relating to Third Party Services, for a description of such data collection and use practices.
We care about your privacy and you should do the same. Please read our Privacy Policy to learn more about our personal data practices.
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Art. 5 CANCELLATION
5.1 Cancellation by the User
The User has the right to interrupt the use and submit a request for cancellation of his User Account and/or of any Digital Butik Service at any time, in accordance with the instructions available on the Digital Butik Services. The effective date and time of such cancellation will be the date and time when the cancellation process of the Digital Butik Services was completed and the effective date of the cancellation of the Paid Services will be set at the end of the subscription period to such Paid Services.
Without prejudice to the foregoing, with regard to subscriptions to Paid Services in the Renewal Phase, such subscription will be interrupted only after the expiry of the respective period for which payment has already been made. Please note that since the cancellation process may take a couple of days, in order to avoid the subsequent automatic renewal and the corresponding charge, the cancellation request must be received at least fourteen (14) days before the end of the service period still in progress.
For more information on canceling your Paid Services, please visit ourTerms of Salee the Returns Area.
5.2 Cancellation by Digital Butik
Failure to comply with any of Digital Butik's Conditions and/or failure to pay any Fee will entitle Digital Butik to suspend (until full payment) or cancel the User Account (or certain functions thereof), as well as the provision of related Digital Butik Services to the User (by way of example, paid Services) or Third Party Services.
5.3 Loss of Data, Content and Capacity
Where the User Account or any Digital Butik Service or Third Party Service related to the User Account is canceled (whether at Digital Butik's request or discretion), this may cause or result in the loss of certain content, features or the ability of the your User Account, including any User Content, End User data or other usage data stored therein, including any domain name reservations or registrations that are included in such services (“Loss of Capacity”). Digital Butik will not be held responsible in any way for such Loss of capacity or for saving a backup of User Account data, User Content or End User data. Please also note that additional Fees will apply for the reactivation of a User Account and/or any Digital Butik Service following the respective cancellation, as determined by Digital Butik in its sole discretion.
You may cancel your Account or any Service at any time. Once your cancellation request has been processed, we will not charge you for any additional subscription renewals.
Conditions or in case of non-timely payments, we may suspend or cancel the User Account.
Any cancellation of the User Account or of any Service could cause the loss of content and data. The User is responsible for backing up data and materials.
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Art. 6 THIRD PARTY SERVICES
The Digital Butik Services allow you to engage and procure certain Third Party services, products and tools to improve the User's overall experience, including, but not limited to: domain registrars from which the User can purchase a name domain name for the User's own Website, third-party applications. (collectively, "Third Party Services").
The User acknowledges and agrees that, regardless of the way in which such Third Party Services may be offered to the same (bundled or integrated with some Digital Butik Services, offered separately by Digital Butik or by persons certified or authorized by Digital Butik or however offered as part of the Digital Butik Services), Digital Butik acts solely as an intermediary platform between the User and such Third Party Services and does not in any way endorse such Third Party Services nor will it be held liable in any way in this regard. Digital Butik will not be a party or shall in no way be held responsible for the monitoring, any interaction or transaction between the User and any Third Party Service.
The User acknowledges that these services may require the payment of additional amounts to Digital Butik and/or to the suppliers of such third-party Services.
Any use of such Third Party Services shall be made solely at your own risk and responsibility and may be subject to the legal and financial terms governing such Third Party Services, therefore the User is invited to review them carefully before committing.
If the User uses third party services, software or goods during the use of our Services, he declares to act in accordance with their conditions of use. For example, if you use YouTube while using the Services, you must comply with the applicable terms of service of YouTube https://www.youtube.com/t/terms and privacy policy https://www.google.com/intl/en/policies/privacy/ according to the version in effect on the date of use of these services.
While we hope to avoid such cases, Digital Butik may, at any time and at its sole discretion, suspend, disable access to or remove from the User Account and/or Digital Butik Services, any Third Party Services, where they are not incorporated into or made part of the User Account at that particular time, without any liability to the User or any of the End Users.
Our services allow you to obtain various services and tools from third parties who are not affiliated with us.
Since we are only acting as a platform intermediary between you and such parties, you alone will be responsible for your engagements with such parties.
We can remove services at any time that may affect your Website, User Account or overall experience.
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Art. 7 DISCLAIMER OF WARRANTIES
We provide the Digital Butik Services "as is", "with all faults", and "as available", without warranties of any kind, including any implied warranties of merchantability or condition, fitness for a particular purpose, workmanship, non-infringement or any other warranty, all to the maximum extent permitted by law. We specifically do not represent or warrant that the Digital Butik Services (or any part, functionality or content thereof) are complete, accurate, of any particular quality, reliable or secure in any way, suitable or compatible with any of the intended activities, of your (or its End Users) devices, operating systems, browsers, software or tools (or remain so at all times), nor to comply with all laws applicable to you or to related End Users (including, the laws of any jurisdiction in which the User operates), or that their operation is free of viruses, bugs or other harmful components or program limitations. Furthermore, we do not endorse any entity or any product or service (including any Third Party Services) referred to or made available through the Digital Butik Services, therefore, the User should be sure to verify the aforementioned before proceeding to use them or before to decide to include them in any way.
Digital Butik may, in its discretion (but not obligated to do so), screen, monitor and/or modify any User Account Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding the foregoing, in no event shall Digital Butik be considered as a "publisher" of any User Content, nor will it represent and in any way endorse any User Content and shall not assume any responsibility for any User Content uploaded, submitted, posted and/or made available by any User or by any third party and/or through the Digital Butik Services, for any use of any part or for any loss, cancellation or damage hereunder or any loss, damage, cost or expense arising hereby that you or others may experience or may suffer as a result of or in connection with your posting to, access to, and/or reliance on any User Content. In addition, Digital Butik shall not be held liable for errors, slander, defamation, falsehood, obscenity, pornography, incitement and/or any other unlawful User Content and/or violation of User Content in which the User or any other party may encounter .
The User acknowledges that there are risks for the use of the Digital Butik Services and/or the connection and/or interaction with any Third Party Service through or in connection with the Digital Butik Services and that Digital Butik will not be able to guarantee and shall not constitute any warranty as to the specific results of such use and/or interaction and the User hereby assumes all such risks, conditions and/or damages of any kind related to and/or arising from such interactions. Such risks may include, among others, misrepresentation regarding and/or arising from Third Party Services and/or Licensed Content, breach of warranty and/or contract, breach of rights, and any consequential claims.
Digital Butik does not recommend the use of Digital Butik Services for hosting any personal content and assumes no obligation with respect to security or integrity or risks regarding infringement of or damages suffered with respect to such content.
Please note that some Digital Butik Services are currently offered in BETA and in BETA testing. The User acknowledges and accepts that certain Digital Butik Services may still contain software bugs, undergo interruptions and not function as expected or designated. Your use of the Digital Butik Services in this BETA stage constitutes your agreement to participate in BETA testing of such Digital Butik Services.
We make no warranties about our services, including their quality, reliability, safety, compatibility, and condition.
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Art. 8 LIMITATION OF LIABILITY
To the maximum extent permitted by law in each applicable jurisdiction, Digital Butik, its officers, directors, employees, affiliates and/or agents shall not be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, including any damages resulting from (1) errors, confusions or inaccuracies regarding or contained in any content; (2) any personal injury or damage related to your use of the Digital Butik Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) the interruption or termination of the transmission or the Digital Butik Services; (5) the use or display of any Content or Content posted, emailed, transmitted or otherwise made available by the User through the Digital Butik Services; and/or (6) events beyond Digital Butik's reasonable control, including any Internet failure, equipment failure, power failure, strike, labor dispute, riots, riots, civil disturbance, labor or material shortage , fire, flood, storm, earthquake, explosion, Acts of God, war, acts of terrorism, intergalactic wars, governmental intervention, court, government, or court order or failure to enforce by any third party, and/or (7) loss of use , data, profits, goodwill or other intangible losses arising out of the use or inability to use any or all of the Digital Butik Services.
The User acknowledges and accepts that these limitations of liability are agreed risk allocations which constitute in part the consideration for the Digital Butik Services granted to the User and that these limitations will apply even if Digital Butik has been informed of the possibility of these obligations.
Subject to applicable law, we will not be liable for any damages.
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Article 9 INDEMNITY
You agree to defend, indemnify and hold harmless Digital Butik, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including attorneys' fees) arising out of: (1) your violation of any term of these Terms of Use or other Digital Butik Terms; (2) your violation of any third party rights, including any rights of author rights, access rights, property rights or privacy rights, arising from the User Platform or User Content and/or from the use of the Digital Butik Services including, without limitation, the actions of the Digital Butik Services in favor of the User and/or (3) any other type of claim relating to any damage caused to third parties by your User Platform and/or User Content.
If we are sued or compromised as a result of any act for which you are responsible, you will bear the costs and associated damages.
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Art. 10 MINORS
We do not sell products to minors. We sell products and services to minors that can only be purchased by adults. If you are under 18, you can use DigitalButik.it only by involving a parent or guardian
You may not buy from us and/or use the website if you are under the age of 18 and without involving an adult.
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Art. 11 MISCELLANEOUS CLAUSES
11.1 Changes and Updates
Digital Butik reserves the right to modify, suspend or discontinue any Digital Butik Service (or any functionality thereof or the prices applicable to them) and/or cancel the User's access to any Digital Butik Service (including the removal of created by the User in connection with the Digital Butik Services) for any reason and/or modify the Digital Butik Terms, with or without notice, at any time and in any way. The User agrees that Digital Butik will not be liable to him or to any third party in the event of modification, suspension or termination of such Digital Butik Services.
Where such changes involve the payment of an additional Fee, we will give you advance notice of such Fees before permitting such specific changes.
In the event of non-payment or refusal to pay such Fees by the User, we will have the right (at our discretion) to cancel the User Account (as explained in the previous articles), continue to support the then current Digital Butik Services without allow such changes or provide alternative Services.
11.2 Feedback and suggestions
Where the User provides us with any suggestions, comments, reviews or other feedback relating to the Digital Butik Services (if any, suggested or contemplated), which are or may be subject to Intellectual Property rights ("Feedback"), such Feedback will be exclusive property of Digital Butik. By providing such Feedback to Digital Butik, the User acknowledges and agrees that it can be used by Digital Butik to: (1) further develop, customize and improve the Digital Butik services, (2) provide assistance and technical support on an ongoing basis, (3 ) contact the User with communications related to Digital Butik of a general or personalized nature and/or requests for interviews based on feedback or otherwise, (4) facilitate, sponsor and offer certain promotions and monitor performance, (5) create aggregate statistical data and other aggregated and/or inferred information, which Digital Butik may use for purposes of providing and improving its services, (6) improve Digital Butik's data security and fraud prevention capabilities, and (7) comply with laws and applicable regulations. Further, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe any third-party rights; (2) irrevocably assigns to Digital Butik any right, title and interest that the User may have with respect to such Feedback; (3) expressly and irrevocably waives all claims to any moral rights, artists' rights, or any other similar rights, past, present, or future, worldwide, with respect to such Feedback.
11.3 Governing Law and Jurisdiction;
Class Action Waiver
The Terms of Digital Butik, the rights and remedies set forth below, as well as any claim and dispute connected with these and/or the Digital Butik Services, their interpretation or violation, termination or validity thereof, relations arising out of or in by virtue of the Digital Butik Terms or by or by virtue of any related transaction or purchase, shall be governed by, construed pursuant to and applied to all intents and purposes solely and exclusively in accordance with the internal substantive laws of the State of Italy,
regardless of conflict of law principles.
Any and all claims and disputes must be presented before and the User accepts that they are exclusively decided by a court of competent jurisdiction based in Caserta, Italy. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
11.4 Notices & Notices
We may send you our Service notices and communications in one of the following methods: (1) through the Digital Butik Services, including through a banner or pop-up window within the Digital Butik Site, the User Account or elsewhere; (2) by e-mail, sent to the e-mail address provided by the User; and/or (3) by any other means, including any address, telephone number or physical address you provide to us. Digital Butik's notices to the User will be deemed received and effective within twenty-four (24) hours after their posting or sending by one of the above methods, unless otherwise indicated in the notice.
11.5 Relationship
The Digital Butik Terms and the use of the Digital Butik Services do not construct and are not intended to constitute any partnership, joint venture, employment relationship or affiliation between Digital Butik and the User.
11.6 Entire Agreement
These Terms of Use, together with Digital Butik's Terms and other legal or fiscal notices provided by Digital Butik, constitute the entire agreement between the User and Digital Butik relating to the subject matter hereof or the consequences thereof, and supersede any prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, written or oral, between Digital Butik and the User, including those formed by or between one of our respective representatives, in relation to any Service Digital Butik. You further agree not to rely on any promises, admonitions, representations, affirmations, disclosures or disclosure obligations of Digital Butik in entering into Digital Butik's Terms.
11.7 Assignment
Digital Butik may assign its rights and/or obligations hereunder and/or transfer the rights and title of ownership of the Digital Butik Services and/or Licensed Content to third parties without User's consent or notice . The User may not assign or transfer any of his rights and duties set out below, without the prior written consent of Digital Butik. Any attempted or actual assignment of the foregoing without Digital Butik's prior express written consent will be void. In any case, an assignment or transfer pursuant to this paragraph (art. 8.6) will not in itself imply the granting, by Digital Butik or the User, of the right to cancel all Digital Butik Services or Third Party Services Parts then in effect.
11.8 Severability and waivers
If any provision contained in the Digital Butik Terms is held to be unlawful, illegal, void, or for any reason unenforceable by a court of competent jurisdiction, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. No waiver of any breach or default of any of the Digital Butik Terms shall be deemed a waiver of any prior or subsequent breach or default.
11.9 Interpretation
Any heading, subheading or paragraph contained herein, as well as any explanation or summary contained in the right-hand column labeled “</È Simple>”, are provided for convenience only and do not in any way define or explain any paragraph or any provision of this Agreement, nor are they legally binding on any of us in any way.
These Terms of Use have been drawn up in Italian and translated into other languages for the User's convenience. The User can access and view the other language versions by changing the language settings of the Digital Butik Website. If a translated (non-Italian) version of these Terms of Use conflicts in any way with the respective Italian version, the provisions of the Italian version will prevail.
We may make changes to our services or these Terms at any time.
We welcome any form of comment or suggestion. Where the User provides any comments or suggestions, please ensure that they are accurate and legally valid.
The Terms and our relationship will be governed by the laws of the State of Italy. All disputes between us may only be brought before the Courts of Caserta, Italy.
We may send you our notices through our services, by email or through any other means of contact provided by the User.
Your acceptance of these Terms and the Services does not constitute a partnership or any special relationship between us.
These Terms (together with the Supplemental Terms) constitute the entire and entire agreement between us.
We may assign our rights and obligations to third parties. You may only do so with our prior written consent.
These Terms are independent of each other, should one of them become unlawful.
Only the left-hand column is legally binding (this column is reproduced for clarity only).
The translated (non-Italian) versions of these Terms are provided solely for information purposes for the User's convenience.
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DIRECT CONTACTS
To contact our Customer Service, please use one of the options listed below:
Correspondence: Digital Butik, Street, City, Zip Code, Country
VAT number
Register of Companies of the City - REA n.
Tel:
Mobile:
PEC:
Email: