Website Terms Of Use
OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the “Terms of Use”) apply to the SARA ORLANDI web site located at www.saraorlandi.com and all associated sites linked by SARA ORLANDI, its subsidiaries and affiliates, including SARA ORLANDI websites around the world (collectively, the “Site”). The Site is the property of Atelier Orlandi di Sara Orlandi (“ATELIER ORLANDI”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ATELIER ORLANDI reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ATELIER ORLANDI grants you a personal, non-exclusive, non- transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ATELIER ORLANDI, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ATELIER ORLANDI’s express prior written consent.
You may use information on ATELIER ORLANDI products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ATELIER ORLANDI for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
YOUR USE OF THE SITE
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ATELIER ORLANDI reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ATELIER ORLANDI server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ATELIER ORLANDI, including any ATELIER ORLANDI account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
Harassment in any manner or form on the site, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a ATELIER ORLANDI or other employee, host or representative, as well as other members or visitors of the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate the law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
ATELIER ORLANDI does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, ATELIER ORLANDI is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ATELIER ORLANDI reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, in its sole opinion, (b) fraudulent, deceptive or misleading, (c) in violation of copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to ATELIER ORLANDI at its sole discretion.
In an attempt to provide increased value to our visitors, ATELIER ORLANDID may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with ATELIER ORLANDI, ATELIER ORLANDI has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ATELIER ORLANDI. ATELIER ORLANDI has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ATELIER ORLANDI’s systems or networks, or any systems or networks connected to the Site or to ATELIER ORLANDI.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ATELIER ORLANDI on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ATELIER ORLANDI or others.
PRIVACY
ATELIER ORLANDI’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference and may be updated from time to time. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure.
LINKS TO OTHER SITES AND TO THE ATELIER ORLANDI SITE
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ATELIER ORLANDI’s control, and ATELIER ORLANDI is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS
ATELIER ORLANDI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ATELIER ORLANDI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ATELIER ORLANDI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATELIER ORLANDI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ATELIER ORLANDI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ATELIER ORLANDI FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
ATELIER ORLANDI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will ATELIER ORLANDI be liable to you for any special, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ATELIER ORLANDI has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, ATELIER ORLANDI is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ATELIER ORLANDI’s liability will in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against ATELIER ORLANDI(but not including the purchase price for any ATELIER ORLANDI hardware or software products or any AppleCare or similar support program), or (2) EU €100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify and hold ATELIER ORLANDI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, parents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ATELIER ORLANDI by any third party due to or arising out of or in connection with your use of the Site.
VIOLATION OF THESE TERMS OF USE
ATELIER ORLANDI may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ATELIER ORLANDI’s rights or property, or the rights or property of visitors to or users of the Site, including ATELIER ORLANDI’s customers. ATELIER ORLANDI deserves the right at all times to disclose any information that ATELIER ORLANDI deems necessary to comply with any applicable law, regulation, legal process or governmental request. ATELIER ORLANDI also may disclose your information when ATELIER ORLANDI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ATELIER ORLANDI may preserve any transmittal or communication by you with ATELIER ORLANDI through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ATELIER ORLANDI determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ATELIER ORLANDI, its employees, users of or visitors to the Site, and the public.
You agree that ATELIER ORLANDI may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ATELIER ORLANDI, for which monetary damages would be inadequate, and you consent to ATELIER ORLANDI obtaining any injunctive or equitable relief that ATELIER ORLANDI deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ATELIER ORLANDI may have at law or in equity.
You agree that ATELIER ORLANDI may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If ATELIER ORLANDI does take any legal action against you as a result of your violation of these Terms of Use, ATELIER ORLANDI will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ATELIER ORLANDI. You agree that ATELIER ORLANDI will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
VOID WHERE PROHIBITED
ATELIER ORLANDI administers and operates the Site from its location in Verona, Italy; other ATELIER ORLANDI sites may be administered and operated from various locations outside Italy. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Italy. ATELIER ORLANDI reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Italy, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
MISCELLANEOUS
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and ATELIER ORLANDI with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ATELIER ORLANDI with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with ATELIER ORLANDI, ATELIER ORLANDI will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. RED’s failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by ATELIER ORLANDI of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between ATELIER ORLANDI and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use will not be interpreted or construed to confer any rights or remedies on any third parties.
ATELIER ORLANDI provides access to ATELIER ORLANDI international data and, therefore, may contain references or cross references to ATELIER ORLANDI products, programs and services that are not announced in your country. Such reference does not imply that ATELIER ORLANDI in your country intends to announce such products, programs or services.
FEEDBACK AND INFORMATION
Any feedback you provide at this site will be deemed to be non-confidential. ATELIER ORLANDI will be free to use such information on an unrestricted basis.