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Terms and conditions of use of the website

Date: November 2021

Welcome to www.endlessgioielli.com ("Web Site").
The Web Site is owned and operated by Endless srl, registered office at Rampa Mignanelli, 10 - Piazza di Spagna, 00187 Rome (RM), Italy, C.F and P. IVA 15646551000, ("Teresa Roma" or "Endless" or "we", "us", "our").
The editorial director of the Web Site is Endless S.r.l..

PLEASE READ THE FOLLOWING TERMS OF USE OF THE WEBSITE ("TOU") CAREFULLY BEFORE USING THE WEBSITE.

These TOU apply to your access to and use of the Website and all services made available by the Website ("Services").

When you access the Website or use the Services, you will be asked to accept this TOU. If you do not accept these TOU, you must stop using the Website or the Services.

We reserve the right to change or update all or part of this TOU from time to time at our discretion. We will always post the most current version of this TOU on the Website and indicate the "Last Updated" date to reflect the date of the changes. Please review this TOU regularly to note any changes we make that are binding on you.

Please note that the first time you visit the Website after a material change to the TOU has been uploaded, you will be asked to accept the updated TOU. If you do not accept the revised TOU, please discontinue use of the Website.

  1. Access to the Website, registration and subscription to services
    1. You must take all necessary steps to access the Website. You may set up an account or register on the Website for access to our Services available from time to time, using an email address and password ("Account Data"). You are responsible for maintaining the confidentiality and security of your Account Data and accept sole risk for all activities that occur in connection therewith (including the activities of persons accessing our Website using your Account Data). Please inform us if you suspect or become aware of any unauthorised use of your Account Details. Any information and data provided by you to us must be accurate, true and up to date in all respects and at all times.
    2. The Services are generally not intended for persons who have not yet reached the age of majority in your country or for adults under legal guardianship. If you are under the age of majority, please do not use the Website, do not register and do not subscribe to the Services. If we become aware that you are not of the required age (or that you misrepresented your age during registration or enrollment), we will immediately cancel your registration or enrollment and stop providing the Services to you. Parents or legal guardians of minors or guardians of adults under legal guardianship using the Website are advised that it is important that they inform such minors or adults under legal guardianship, as applicable, of online safety requirements and potential risks.
  2. Privacy and cookie policy
    1. Our Privacy Policy governs the use and processing of personal data that we collect or that you provide to us through the Website. Before uploading or providing any personal data on this Website, please read the Privacy Policycarefully.
    2. The Website uses cookies to track your browsing preferences. If you have consented to the use of cookies, please review our Cookie Policy to see what type of personal data we are permitted to process.
  3. Use of the website
    1. By using the Website you undertake not to:
      • providing false or otherwise misleading information or misappropriating another person's identity;
      • use the account of any other person without the authorisation of the account holder;
      • use the Website in any way that may interrupt or damage the Website, affect the availability or accessibility of the Website or render the Website less efficient;
      • circumventing or attempting to circumvent the Website's security measures and tampering with the technology on which the Website is based;
      • obtain or attempt to obtain any information, material or document not intentionally made available by the Website through any means whatsoever (such as personal data, financial or confidential or other sensitive information);
      • violate any applicable law;
      • use the Website for unlawful purposes or in ways that may infringe the rights of third parties;
      • upload, post or otherwise transmit through the Website any content that:
        • is deceptive, harmful, threatening, improper, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethically, religiously or otherwise inappropriate;
        • constitutes an unauthorised disclosure of personal data or confidential information;
        • infringes the intellectual property rights of any person;
        • contains viruses or other forms of malware.
    2. We reserve the right to cancel your registration or membership, and/or block your account and/or deny, reduce, suspend, or terminate your access to the Website and Services at any time, without notice and without liability to you, if your use of the Website violates any of your obligations under this TOU or any other provision of this TOU, without prejudice to any other remedies available to us under applicable law and this TOU.
  4. Electronic Services
    For the provision of part of the Services it may be necessary to use electronic communication channels (e.g. email, SMS, telephone). You agree that you may be contacted by us on matters relating to the Services, by SMS, email or other electronic means and you acknowledge that, in some countries, the use of mobile services may incur charges from your network operator and that you will be required to pay these charges.
  5. Intellectual property rights
    1. Our Website and all information and materials included on the Website, including the design, layout, look, appearance, graphics, organization of the Website content, photographs, images, illustrations, text, fonts, videos, music, sound, audio clips, logos, trademarks - whether registered or unregistered, figurative or otherwise - all other marks, service marks, brand names, trade or company names, domain names and URLs, software ("Content") are owned or licensed by us and are subject to applicable copyright, trademark, patent or other intellectual property laws around the world. We reserve all such rights.
    2. You are authorised to download and print the Content of the Website for your personal use, but you are not authorised to use such Content for commercial or professional purposes. You may not copy or reproduce (except where such copying or reproduction is for non-commercial and personal use), publish, disclose, distribute, provide to the public, republish, communicate, display, delete, delete, supplement the Website Content or create derivative works of any Website Content for any purpose unless authorised by us or our licensors in writing.
    3. Any use not expressly permitted by this TOU is prohibited. Unauthorised use of the Website or its Content may violate applicable intellectual property or other laws.
  6. Materials uploaded to the Website
    1. We welcome your feedback. You agree and acknowledge that any suggestions, proposals, creative ideas, concepts, photos, text or other content and material (excluding personal information) you upload or transmit to us on the Website or otherwise ("Uploaded Materials") shall be deemed to be non-confidential. You retain all proprietary rights in and to the Uploaded Materials, and by submitting them to us, you grant us an irrevocable, worldwide, non-exclusive, royalty-free right to use, disclose, use, store, copy, reproduce, modify, publish, distribute and make available to third parties such Uploaded Materials, or any part thereof, in any form or media now known or hereafter known, for any purpose whatsoever, including advertising, promotional, product development or other commercial purposes, and for the duration of the copyright protection of such Uploaded Materials.
    2. Whenever you upload content or Materials to our Website or contact other users of our Website, you must comply with the "Use of the Website" provisions contained in Section 3.1. above.
    3. You are entirely responsible for the content or accuracy of the Uploaded Material or any publications you make.
    4. We reserve the right to reject or delete any Uploaded Material or to delete any publication made on the Website, for any reason or no reason, including if such Uploaded Material or publications, in our opinion, violate these TOU and in particular do not comply with the provisions regarding "Use of the Website" defined in Section 3.1. above.
  7. Link
    1. Links to third-party sites
      1. The Website may include links to third party websites ("External Sites"). We have no control over such External Sites and are not responsible for the availability of the External Sites or their content.
      2. These links are provided solely to provide you with additional information and the presence of such links does not constitute and should not be construed in any way as an endorsement by us of such External Sites or their content, products or services, their privacy and security practices or the manner in which they conduct their business. If you agree to access the External Sites, you do so at your own risk. Your use of the External Sites is subject to the terms and conditions of use of the third parties that provide and operate them. Any questions or comments associated with these External Sites should be directed to the appropriate operators.
    2. Link to our website
      1. You are not permitted to frame this Website or its Content or any other website or link to our Website, any page of the Website and/or the Content without our prior written permission.
  8. Exclusion of guarantees
    1. This Website, its Content and the Services are provided free of charge as is and on an "as available" basis. Whilst we use reasonable endeavours to ensure that this Website is always accessible (except during maintenance) and secure, we make no warranties associated with this Website, its Content or the Services, to the extent permitted by law. For example, we do not warrant that the Website will always be available, uninterrupted or error free or that it will be free from malicious programs (such as viruses, bugs, malware or similar) or that it is fit for a particular purpose and we expressly disclaim any such warranties.
    2. We endeavour to ensure that the information made available through the Website is accurate and up to date. However, we cannot guarantee the accuracy of such information (including the Content) or that such information is free from errors or omissions and do not accept any warranty or liability in relation thereto. We reserve the right to update and/or correct the information, the Content or the Website at any time without liability.
  9. Limitation of liability
    1. We will be liable for any direct losses and damages caused by a breach by us of our obligations under this TOU. In accordance with Section 9.3 below, our total liability under this TOU shall in no event exceed the price of the product purchased by you on the Website.
    2. To the fullest extent permitted by law, you agree not to seek any damages from us, our licensors, service providers, distributors, officers or directors in any form, including but not limited to:
        • loss or damage not caused by our breach;
        • loss or indirect damage;
        • loss or damage in connection with or arising out of the use of the Website, the Services, the Content, any External Site or the inability to use the latter or in connection with any malfunction, operational and transmission delay, interruption, error, omission, virus or malfunction of the Website;
        • loss and damage that may occur due to, but not limited to, the following causes:
          • failure by him to protect Account Data,
          • any situation in which reliance is placed on the accuracy and completeness of the Website, Content or Materials uploaded, or
          • any changes made by us to the Website, the Services and the Content; or
          • any temporary interruption or permanent cessation of the provision of the Services and the Content;
          • failure to comply with obligations in accordance with these TOU, where such failure is due to an event of force majeure.
    1. Nothing in this TOU shall limit or exclude our liability for (i) death and personal injury caused by our negligence; (ii) fraud, fraudulent misrepresentation and gross negligence; or (iii) any other liability which cannot be limited or excluded by applicable law.
    2. As the Services are provided free of charge, you are responsible for evaluating the information and content obtained through the Website. By using the Website you assume the risks associated with its use and assume full responsibility for any shortcomings in its use, loss of data and costs associated with the necessary servicing and maintenance of hardware and/or software.

Exclusion of liability
To the extent permitted by applicable law, you agree to indemnify and hold us, our subsidiaries, affiliates, and their respective directors, non-executive officers, and employees, harmless from any loss, liability, claim, or demand (whether or not we are required to do so by third parties) arising out of your breach of this TOU by using the Website and related Services, and/or your breach of this TOU, and/or your breach or representation and warranties under this TOU, including reasonable attorneys' fees and/or any liability to third parties arising out of Materials submitted while using the Services.

Applicable law and jurisdiction

    1. This TOU and any matter relating to your access to or use of the Website shall be governed by and construed in accordance with the laws of the State of Italy (without reference to its conflict of law provisions).
    2. It is agreed that any disputes arising out of or in connection with these TOU, including the validity, interpretation, breach or termination thereof shall be governed by the exclusive jurisdiction of the Italian Courts.

Contact
If you have any questions regarding this TOU, the Website or the Services, you may contact us in any of the following ways:

You can also access the Contact page of the Site to send us a message and we will reply to you by e-mail.

 

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