TERM AND CONDITIONS
Subject to the terms and conditions set forth in this Agreement, COLDLINE grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
COLDLINE authorizes you to view and download the information (“Materials”) at Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use or communicate them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, COLDLINE does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.
You might be required to open an account to be able to access certain restricted parts of the Site. In such event you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form. You will also be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under said account. You agree to notify COLDLINE immediately of any unauthorized use of your account or any other breach of security. COLDLINE will not be liable for any loss that you may incur as a result of someone else using your password or account.
You represent and warrant that you will use the Site in compliance with this Agreement including the laws and provisions under this Agreement and to comply with all existing and future Site policies and rules. You agree that you will not use the Site to: (a) transmit spam or unsolicited communications; (b) pretend to be COLDLINE or someone else; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) act in a manner that negatively affects other users’ ability to use the Site; (f) engage in activities that would violate any applicable law, (g) post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services or (h) collect or store personal data about other users unless specifically authorized by such users. If you do not comply with the aforesaid, you may not use the Site, COLDLINE shall not be legally bound by this Agreement, and reserves all its legal rights in relation to such non-compliance.
You further agree to defend, indemnify and hold harmless COLDLINE, its affiliates and their respective officers, directors and agents from and against all claims and expenses, including attorney fees, arising out of the use of this Site.
COLDLINE reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted on the Site. Your continued use of the Site after any change to this Agreement are posted will be considered acceptance of those changes.
COLDLINE may terminate, change, correct any errors or omissions in any portion of the Site, make any other changes to the Site, the materials and the products, programs, services or prices (if any) described in the Site, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice. COLDLINE may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. COLDLINE may terminate the authorization, rights and license given above at any time and, upon such termination, you shall immediately destroy all Materials.
Acknowledgement of Intellectual Property Rights
You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs (whether registered or unregistered) in the Site are vested in COLDLINE or its licensors. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in COLDLINE shall inure to COLDLINE.
Information provided by you
You may not: (a) use any device or software capable of interfering with the operation of the Site; or (b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Site (such as sending mass emails – “spamming”), or (c) interfere or tamper with the software of the Site or the functionality thereof. This includes putting material on the Site, which is infected with viruses, Trojan horses, time bombs or other elements that may damage or interfere with the programming structure of the Site.
Third Party web sites
COLDLINE does not undertake to monitor or review Third Party Site Content nor is COLDLINE responsible for the accuracy or reliability of any such third party web sites. Furthermore, COLDLINE may provide on this Site links to Web Sites operated by other entities. If you use these Sites, you will leave this Site. If you visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. COLDLINE makes no warranty or representation regarding any linked Web Sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that COLDLINE or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of COLDLINE or any of its affiliates or subsidiaries.
Exclusion of implied warranties
Although care has been taken to ensure the accuracy of the information on this Site, COLDLINE assumes no responsibility therefore. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. COLDLINE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. COLDLINE EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. COLDLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. COLDLINE DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY COLDLINE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE EXCLUDED EXCEPT TO THE EXTENT THAT LAW PROHIBITS THEIR EXCLUSION.
Limitation of liability
IN NO EVENT SHALL COLDLINE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF COLDLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION TO THE TERMS SET FORTH HEREIN, IN NO EVENT SHALL COLDLINE BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS SITE.
Duty to mitigate losses
Without prejudice to limitation of liability set forth herein, you shall take all reasonable steps to mitigate your loss arising in relation to any claim or action (whether for negligence, breach of contract or otherwise), which you may bring against COLDLINE.
All references to “writing”, “notices”, and “notification” and all similar ends related expressions shall cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent and received.
If COLDLINE does not comply with its undertakings under this Agreement, it shall either correct the non-compliance or, at its option, terminate this Agreement by prior notice, posted on this web site, to you. To the maximum extent permitted by law, this clause expresses your sole and exclusive remedy in relation to non-compliance by COLDLINE.
Whole agreement and severability
This Agreement constitutes the entire agreement between COLDLINE and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Third Party rights
Except as expressly provided in this Agreement, a person who is not a party to this Agreement may not enforce any of its terms.
This Site is controlled, operated and administered by COLDLINE from its offices in Italy. COLDLINE makes no representation that materials at this Site are appropriate or available for use at other locations outside of Italy and access to them from territories where their contents are illegal is prohibited. If you access this Site from locations outside of Italy, you are responsible for compliance with all local laws. The laws of Italy shall govern this Agreement, without giving effect to its conflict of laws provisions. The Padua District Court shall have exclusive jurisdiction in the first instance on any dispute arising from this Agreement.