Terms & conditions

Marsanti Srl
Piazza Roberto Rendina 9
00135 Rome
Italy

 

Marsanti Srl (“Marsanti Srl“, “We”“Our“, “Us”) owns and operates the website www.ludovicamartire-madeinpain.it  (“Ludovica Martire Made in Pain  Website”) and other products and services including all digital content and functionality contained on them (together the “Ludovica Martire Made in Pain Platforms“). Your access to and use of Ludovica Martire Made in Pain  Platforms is subject to the following terms and conditions (the “Terms & Conditions”).

1 Acceptance of terms

1.1 By accessing, downloading, or using the Ludovica Martire Made in Pain Platforms, whether or not you become a registered user, you accept your agreement with and understanding of these Terms & Conditions. If you do not agree to these Terms & Conditions, you are not authorised to use and access the Ludovica Martire Made in Pain Platforms.

1.2 These terms and conditions are not exhaustive. To that end, Wemay include additional provisions relevant to your access and use of a specific website or app, which may at a later date be included within these Terms & Conditions and may also be accessible from the relevant Ludovica Martire Made in Pain Platform.

1.3 In addition, when accessing and using an Ludovica Martire Made in Pain  Platform and/or any specific content or material on it, additional guidelines or rules may apply which are relevant to (and communicated on or within) the Ludovica Martire Made in Pain Platform (in addition to any supplemental provisions that may be incorporated in these Terms & Conditions). If is any inconsistency between these Terms & Conditions and any such guidelines or rules, the guidelines or rules shall prevail.

1.4 We reserve the right to change these Terms & Conditions at any time and it is your responsibility to review them on a regular basis to keep yourself informed of any changes. Continued use of the Ludovica Martire Made in Pain Platforms following any changes shall be taken as your acceptance of these changes.

2 Registration obligations

2.1 Certain areas of the Ludovica Martire Made in Pain Platforms may require registration to access relevant content and/or functionality (“Restricted Areas”). If require, by registering, you agree that: (i) you are eligible for an account (in accordance with Section 2.2 below); and (ii) the information you include about yourself (as part of the registration process, your “Personal Information”) is true, accurate, current and complete (and you agree to maintain the accuracy of this Personal Information during the time you have an Ludovica Martire Made in Pain account).

2.2 You are only eligible to register for an Ludovica Martire Made in Pain account if: (i) you are an individual who is at least fourteen (14) years old or of legal age in your country of residence if such age differs from fourteen (14); or (ii) you are an individual whose registration has been authorised by your parents or legal guardian (if you are below the legal age in your respective country of residence).

2.3 If you provide, or Wehave grounds to suspect that you have provided any information that is inaccurate, out of date or incomplete, We reserve the right to suspend or terminate your account and refuse you access to any Ludovica Martire Made in Pain Platform.

2.4 You accept that these Terms & Conditions will apply to all Ludovica Martire Made in Pain Platforms.

3 Registration through a third-party authentication service

3.1 In the event you sign in through a third-party authentication service provider, We may receive certain Personal Information about you from the third party, but you remain responsible for: (i) ensuring your compliance with Section 2.1 above; and (ii) the terms relevant to your relationship with such third-party authentication service provider (including any relevant consents you provide them with respect to your Personal Information).

3.2 In the event you terminate your relationship with or modify the nature of the consents you provide such third-party authentication service provider, We may be required to delete certain data relevant to you which could impact the operation of your Ludovica Martire Made in Pain account. In such circumstances it will be your responsibility to review (and update where necessary) your Personal Information to ensure there is no interruption to your enjoyment of the Ludovica Martire Made in Pain Platforms.

4 Member account, Password and Security

4.1 In case of registration according to art 2 and 3 above, as part of your registration for an Ludovica Martire Made in Pain account, you will be responsible: (i) for setting and keeping the confidentiality of the password linked to your account; and (ii) all activities that occur under your registered account.

4.2 You agree to: (i) notify Us for any unauthorised use of your account (including any breach of security); and (ii) ensure that you take such reasonable steps to sign out of your account when using a computer or device that does not belong to you or is visible to members of the public. We will not be liable for any loss or damage arising from your failure to comply with this Clause 4.

5 Content

5.1 The Ludovica Martire Made in Pain Platforms include: (i) Content provided by Us; and (ii) Content that may be posted by partners of Us/ the Ludovica Martire Made in Pain Platforms.

5.2 All Content provided on Ludovica Martire Made in Pain Platforms is owned by, or licensed to, Marsanti Srl. Content provided on Ludovica Martire Made in Pain Platforms may not be used, copied, distributed, transmitted, broadcast, presented, sold, licensed or otherwise provided for any other purposes than your personal access and viewing of the Content on the Ludovica Martire Made in Pain Platforms. We grant you a limited, revocable, non-exclusive license to access and use the Ludovica Martire Made in Pain Platforms privately for non-commercial purposes, in accordance with these Terms & Conditions.

5.3 Your transactions with, or participation in promotions of, any advertisers or businesses found on or through the Ludovica Martire Made in Pain Platforms, including payment for and delivery of related goods or services, are solely between you and such advertiser or business. We shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or businesses on the Ludovica Martire Made in Pain Platforms.

5.4 The Ludovica Martire Made in Pain Platforms may contain links or feeds from or to other websites which hawse have no control over and is not responsible or liable for, any content or other links available on such sites.

5.5 In the event that you establish a link to any Ludovica Martire Made in Pain Platform, you expressly agree: (i) not to include the Ludovica Martire Made in Pain Platform into the frame of another website; (ii) not to create any third party association with Us or the Ludovica Martire Made in Pain Platform; (iii) to provide proper accreditation to the Ludovica Martire Made in Pain Platform in your link; and (iv) to ensure the link does not suggest that Ludovica Martire Made in Pain/We approve o, sponsor or endorse any other website activity or company, or any actions carried out by you or a relevant third party, or presents Us/Ludovica Martire Made in Pain and/or its activities in any way that damages Our/Ludovica Martire Made in Pain s reputation or takes advantage of it.

5.6 We reserve the right to require you at any time to remove any link to any of  the Ludovica Martire Made in Pain Platforms.

6 Trademarks and copyright information

6.1 The Ludovica Martire Made in Pain logo, together with the emblems of Ludovica Martire Made in Pain, and Ludovica Martire Made in Pain product and service names are trademarks and copyright material of Marsanti Srl (“Ludovica Martire Made in Pain Srl Marks“).

6.2 Nothing in the Ludovica Martire Made in Pain Platforms is designed to grant any licence or right to use any Ludovica Martire Made in Pain Srl Marks or Content to you other than those expressly detailed in these Terms & Conditions.

6.3 We/Ludovica Martire Made in Pain Paltforms respect the intellectual property rights of others. If you believe that any of your intellectual property rights have been infringed by your use of the Ludovica Martire Made in Pain Platforms, please provide Us  with the relevant information by completing this Contact Form.

7 Changes to Ludovica Martire Made in Pain Platforms

We reserves the right to modify or discontinue, temporarily or permanently, at any time, the Ludovica Martire Made in Pain Platforms, including any Content thereon with or without notice to you and other users. We shall not be held liable to you or to any third party for any such modification, suspension or termination of use. Although We will make reasonable efforts to keep the Ludovica Martire Made in Pain Platforms up to date, hawse have no obligation to you or any other users to do so.

8 Privacy

8.1 To the extent you will register for an Ludovica Martire Made in Pain account, We shall require the following Personal Information from you: (i) Name; (ii) Email address; (iii) Date of birth; (iv) Country of residence, (v) Gender.

8.2 This Personal Information will be collected to administer your account and provide you with access to any Restricted Areas that will  run on the Ludovica Martire Made in Pain Platforms.

8.3 We may use the information collected in relation to your use of the Ludovica Martire Made in Pain Platforms to support and improve such Ludovica Martire Made in Pain Platforms through user insights, reporting and profiling, in order to optimise the relevance of Content on such Ludovica Martire Made in Pain Platforms to you and its other users.

8.4 By accessing or using the Ludovica Martire Made in Pain Platforms, including the provision of your Personal Information, you acknowledge and agree to the terms of Marsanti Srl’s Privacy Policy and Cookie Policy.

9 Disclaimer

9.1 If you access and use Our Platforms, you do so at your own risk. Ludovica We make no representation that material on the Ludovica Martire Made in Pain Platforms is appropriate or available for use in any specific territory. You are responsible for your compliance with all local laws and regulations in the territory in which you access the Ludovica Martire Made in Pain Platforms. We expressly disclaims all warranties of any kind, whether implied or express, including, without limitation, implied warranties, or fitness for a particular purpose and non-infringement.

9.2 We make no warranty or representation that: (i) the Ludovica Martire Made in Pain Platforms (including any Ludovica Martire Made in Pain Content) will meet with your satisfaction; (ii) the Ludovica Martire Made in Pain Platforms or the Ludovica Martire Made in Pain Content will be delivered without interruption, delivered on time, will be secure, or will be error-free; or that (iii) any errors in the Content will be corrected.

9.3 Any materials posted on or within the Ludovica Martire Made in Pain Platforms (including the Ludovica Martire Made in Pain Content) are not provided as advice on which any reliance should be placed. No written or oral information, obtained from U directly, or through the Ludovica Martire Made in Pain Platforms (including the Ludovica Martire Made in Pain Content) by you shall create any warranty or other obligation not expressly stated in the Terms & Conditions and hawse have no liability or responsibility to you arising from any reliance you place upon such materials.

10 Your indemnity

You agree to indemnify and hold Us, our affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with your failure to comply with any provision of the Terms & Conditions.

11 Disclaimer – Limitation of liability

You expressly acknowledge and agree that Ludovica Marsanti Srl shall not be liable, under any circumstances to you for any loss or damage of whatever nature suffered by you in connection with your use of and access to any Ludovica Martire Made in Pain Platform (including Ludovica Martire Made in Pain Content). Marsanti Srl does not make any representation or warranty as to the fitness, reliability, accuracy and non infringement of the Ludovica Martire Made in Pain Platforms and contents made available thereon, nor does it guarantee that the Ludovica Martire Made in Pain Platforms will uninterrupted, defect free or error free. It shall thus bear no liability whatsoever in connection therewith.

This limitation and exclusion of liability shall not extend to liability for death or personal injury resulting from Marsanti Srl’s negligence, or any other liability which is not permitted by applicable law.

12 Termination

We may, in our sole discretion and without liability to you, with or without cause, in particular if you do not comply with these Terms & Conditions, with or without prior notice and at any time: (i) terminate your access (whether restricted or not) to the Ludovica Martire Made in Pain Platforms in whole or in part; and (ii) deactivate or delete any of your accounts and all related information and files in such accounts.

13 Notices

If We amend these Terms & Conditions We shall place an updated version on the Ludovica Martire Made in Pain Platforms. We may also provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices to you generally on or within the relevant Ludovica Martire Made in Pain Website.

14 General Provisions

14.1 These Terms & Conditions (including the specific terms applicable to certain services) constitute the entire agreement between you and Marsanti Srl in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and Marsanti Srl.

14.2 Any failure by Us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision.

14.3 If any provision of the Terms & Conditions is found to be null, invalid or not applicable, you acknowledge and agree that the other provisions of the Terms & Conditions shall remain in full force and effect.

14.4 You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under these Terms & Conditions. Marsanti Srl may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these Terms & Conditions to any third party at any time without notice to you.

14.5 These Terms & Conditions are drafted in English and may be translated in other languages. In the event of any discrepancy between the English and any translated text, the most recent English edition (indicated by the date at the bottom of this page) shall prevail and be used as the basis to solve any doubts of interpretation.

15 Applicable Law and Jurisdiction

The Terms & Conditions and the relationship between you and Marsanti Srl shall be governed by the substantive laws of Italy. All disputes in connection with these Terms & Conditions shall be submitted to the non exclusive jurisdiction of the courts of Rome, Italy.