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Conditions of use

These conditions of use (“Conditions of Use”) apply to the websites belonging to BIAGINI TEMPRA METALLI SRL (hereafter the Company), published at www.biaginitemprametalli.it
By using the site, you agree to these conditions of use; if you do not agree, you should refrain from using the site.

The Company reserves the right to change, modify, add or remove clauses of these Conditions of Use at its discretion and at any time. The user is responsible for regularly reviewing the Conditions of Use to check for any changes. Use of the Site following the posting of changes will constitute acceptance of such changes. Subject to compliance with these Conditions of Use, the Company hereby grants the user a personal, non-exclusive, non-transferable, limited right to access the site and use it.

Additional terms and conditions for products and services
The purchase of products or the supply of services involves additional applicable terms and conditions, which shall be deemed incorporated into these Conditions of Use.
The user agrees to comply with these additional terms and conditions, stating also, where required, to have reached the legal age required to use and/or participate in such services or features.
The Company's obligations with respect to its products and services are governed solely by the agreements under which these products and services are provided, and no part of this Website may be construed as modifying the above-mentioned agreements.
The Company reserves the right to modify any product or service mentioned on the site as well as the prices for the products and services, at any time and without notice.
Material related to products or services published on this site might include outdated information; the Company is not required to correct this material and has no responsibility in this sense.

Site contents
All text, graphics, user interface, visual interface, photographs, trademarks, logos, sounds, music, illustrations and computer code or other material (collectively, "Content") on this site, including without limitation the design, structure, selection, coordination, expression, appearance and arrangement of such Content, belong to or are controlled by or granted to the Company under licence and are protected by the laws of copyright, patents, brands and commercial trademarks, as well as the regulations on intellectual property rights and unfair competition.
You may therefore not copy, reproduce, publish, download, publicly display, encode, translate, transmit or distribute any part of the site and its Content on any computer, server, Web site or other medium for publication, distribution or any commercial purpose without prior written consent from the Company.
The user may use the information made available by the Company intentionally, provided they refrain from copying or publishing the information on any network computer or transmitting the same by any means, do not alter the information in any way and do not issue any kind of statement or warranty in respect of such documents and information.

Use of the site
You may not use techniques, devices, programmes, methodologies or automatic algorithms, or manual processes to access, acquire, copy or monitor any part of the Site or the Content; it is also forbidden to reproduce or circumvent in any way the navigational structure or presentation of the Site or the Content to obtain or attempt to obtain material, documents or information through any means not intentionally made available on the site.
In the above cases the Company reserves the right to block such illegal activities.
The user must refrain from attempting to gain unauthorised access to any part or feature of the site, or any other systems or networks connected to the Site or to any Company server, as well as to the services offered on or through the Site, by means of hacking techniques, intercepting passwords or any other illegal means.

The user agrees to refrain from taking any action that imposes an unreasonable or disproportionately large workload on the infrastructure of the site or the Company systems and networks, or on the systems or networks connected to the Site or the Company.

You may not probe, examine or test the vulnerability of the site or any network connected to it, or breach the security or authentication measures. It is forbidden to trace or seek to trace the source of information relating to any user or visitor to the site, or any customer of the Company, including the Company's accounts belonging to third parties.

The user agrees not to use any device or software to interfere or attempt to interfere with the proper operation of the Site or any transaction being conducted on the same, as well as any use of the site by third parties.
It is forbidden to pretend to be or represent other people or impersonate other individuals or entities.

The user agrees not to use the site or its Content for any activity prohibited by law or these Conditions of Use, and to refrain from soliciting the performance of any activity which is illegal or a breach of rights of the Company or of others.

The user is solely and personally responsible for the use of the service, as well as any prejudicial consequences which may affect the Company and third parties, and this with reference to current Italian law in civil and criminal matters and, as applicable, to foreign legislation.

The user undertakes to:

a)   not interfere with, destabilise or interrupt the service, the servers or networks connected to the service, not act contrary to any requirement, procedure or rule of the service;
b)   not use the service for purposes which are illegal or contrary to public order, decency and morality;
c)   not use the service to transmit or distribute (even by linking) any material which is unlawful, pornographic, racist, invasive of privacy, and/or otherwise obscene, vulgar (even if geared to an adult audience and featuring nudity or acts of a sexual nature), which are defamatory, libellous or abusive or otherwise send private information concerning a person without their consent, intentionally inflicting emotional stress;
d)   not transmit any material and/or messages which encourage third parties to enact improper and/or criminal conduct subject to criminal or civil liability;
e)   comply, and ensure compliance by any parties who use the service, with all the regulations, network directives and procedures related to the same service;
f)   not create headers or otherwise manipulate distinctive signs or references in order to disguise the origin of any content of the service or the service itself;
g)   not use or disclose the content of the service which infringes any patent, trademark, trade secret, copyright or other industrial and/or intellectual property rights of the supplier or third parties;
h)   not send commercial and/or promotional messages and not engage in activities of "spam" or "chain letters," as well as any other form of unauthorised solicitation involving discussion groups, social forums, and any other form of communication/aggregation, including "cross-posting" and/or addresses of users who have no connection with the sender; in particular not send unrequested advertising via e-mail and/or mail bombing (sending numerous messages with no significant change in content to the same user), not enroll someone to a mailing list without the permission of the person concerned, nor attempt without authorisation to enter into a computer equipped with a security system;
i)   not spread viruses or any other technology designed to damage the site or other users of the website;
l)   not disclose to third parties any information in relation to systems and access modes to the service.

It is in any event expressly forbidden to use the service to contravene directly and/or indirectly the current laws of the Italian State or of another State.
The user may transfer the information provided by the service to other computers exclusively for personal use and in any case within their own corporate structure.
The user agrees and accepts that the technical processing, transmission or distribution of the service, including its content, may include the transmission or distribution of content through other networks and the need for the Company or third party suppliers of the latter to make changes to the service in order to conform or adapt it to the technical specifications and connection standards of its network or to the equipment and access programmes.

The Company reserves the right to terminate access to the website, even with regard to a single user, if it considers, at its sole discretion, that the site is being used in contravention of the points described above.

Account, password and security
The site offers some services and functions which require, necessarily, the opening of an account with relative User ID and password. The user is solely responsible for maintaining the confidentiality of their account information, including their password, and any activities originating from their account and, consequently, the user remains the one and only person responsible for all uses, whether they are authorised or not authorised by the user. The user agrees to exit from their account at the end of each service usage session.

The user will be solely responsible for the security and proper use of all the user names and passwords assigned to them by the company, possibly for upgrading, modification and monitoring of information disseminated online. The user is required, therefore, to take all necessary measures to ensure that these are kept secret, used properly and not disclosed to unauthorised persons.

The user agrees not to transfer or distribute (directly or indirectly) to a third party either their personal User ID or password and agrees to immediately notify the Company of any possible theft and/or loss and/or unauthorised use or any other breach of security by third parties involving their own user ID and password as soon as this is discovered.

Nevertheless the user could be held liable for any damages caused to the Company or to other users or visitors to the Site by the use of their User ID, password or account by a third party.

It is not permitted to use the User ID, password or the account of another user without the express permission and consent of the rightful owner.

The Company shall therefore not be liable in any way for any loss or damage caused by failure to comply with these obligations by the user, who hereby agrees to indemnify and hold harmless the Company from any and all claims, also for damages, put forward and/or resulting, directly or indirectly, from the above mentioned use or abuse of the service and/or account.

Privacy
The site is governed by the privacy protection policy of the Company, the terms of which are an integral part of these Conditions of Use.

The user acknowledges and agrees that internet transmissions are never completely private or secure. The user acknowledges that any data or message sent to the Site may be read or intercepted by others, even in the presence of a special notice that a particular transmission (for example, sending credit card information) is encrypted.

The privacy policy document is available on the PRIVACY and DATA PROCESSING page.

The Company may disclose information about the user (including their identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding the use of the site by the user, or to identify, contact or bring legal action against people who are likely to damage or interfere (intentionally or not) with the rights and property rights of the company or of site visitors or users, including the Company's customers. The Company reserves the right to disclose at any time any information which is necessary to comply with laws, regulations, legal procedures or governmental requests. The Company may also disclose user information if it ascertains that applicable law requires or permits such disclosure, including exchanging information with other Companies and organisations for the purpose of protection against fraud.

The Company may retain any transmission or communication exchanged between the user and the Company through the website or any service offered on or through the site, and may also disclose such data if required by law or in the event that it ascertains that such preservation or disclosure is reasonably necessary to comply with legal procedures, apply these Conditions of Use, reply to the claim that the content of any communication which violates the rights of others, or protect the rights, property rights or the personal security of the Company, its employees, users or visitors to the site and the public.

General rules of using the service
The user agrees to indemnify the Company and its employees and consultants, from any and all prejudice and damage they have suffered, from any liability, costs or expenses (including legal fees) incurred by them, as well as indemnifying them and holding them harmless from any action, reason or third party claim whose cause or reason is to be found in the conduct or omissions attributable to the user, or which are a result of the failure by the user to comply with the obligations borne by them under contractual agreement.

 Cookies and navigation data
Consult the PRIVACY and DATA PROCESSING page under the Cookie section or the specific page for managing cookies.

Exclusion and Limitation of Liability
The Company does not guarantee that the site or its content, services or functionality will be error free or continuously available, or that any defects will be corrected or that the use of the site by the user gives specific results.
The site and its content are provided "as is" and subject to availability; all information provided on this site is subject to change without notice.

The Company cannot guarantee that any documents or other data downloaded from the website are free of viruses or contamination or destructive features. The Company disclaims any express or implied warranties, including, but not limited to, the warranties of accuracy, non-infringement, marketability and fitness for a particular purpose.
The Company assumes no responsibility for acts, omissions or conduct of third parties connected or related to use of the site and/or any services provided by the Company for the user.

The user assumes full responsibility for use of the site and connected sites. In the event that the user is not satisfied with the site or its content, they will have as sole remedy the termination of use of the site or content.
The above limitation of liability is an integral part of the contract between the parties and applies to any possible damages, liability or injury arising from failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, failure in communication lines, theft, destruction or unauthorised access, alteration or use, whether caused by failure, breach, negligence or other causes.

In the case of interruption of service due to causes attributable to the user, the same may not apply to the Company for a refund of any amount, even partial, for any reason and/or account.

Without prejudice to what is stated in previous articles, the user acknowledges and agrees that the Company may under no circumstances be held liable – neither within the contract terms nor in matters unforeseen by the contract terms - with respect to the user (or third parties) for any type of direct or indirect damages including damages related to the loss of profits, goodwill or lost data even in the event that the Company has been advised (in writing or verbally) of the possibility of such damages.

By way of non-exhaustive example, the Company shall not be liable for damages related to or arising from:
a)   the use, misuse, or the inability to use the service attributable to the user;
b)   the cost of replacement services for the product/service purchased;
c)   the possible amendment, suspension or termination of the service;
d)   unauthorised access or alteration of user transmissions and/or data, including inter alia the possible damage or economic loss, which the same user might suffer for loss of profits, use, data loss or other intangibles.

In any event all express or implied warranties are expressly excluded to the extent that this does not contravene the laws in force and subject to the Company's liability for wilful misconduct or gross negligence.

It is expressly agreed and accepted by the user that the Company shall in no event be liable for errors or omissions which may be contained in the information requested by the user which has been used for the execution or implementation of the service.
The user indemnifies the Company, substantively and in proceedings, and holds it harmless from any loss, damage, liability, cost or expense, including legal fees, resulting from any violation of the preceding paragraphs of this article.

The Company's liability for any reason arising from this contract or otherwise from the provision of services, including any claim for defects, default or failure of reparative action undertaken, shall be limited to wilful misconduct or gross negligence and shall not extend to any damage that is an indirect result, unpredictable or otherwise abnormal, of the defect or failure such as, without limitation, lost profits, financial costs, the costs of shutdown, the cost of any substitute equipment or services and damage or expense arising from claims of third parties against the user.

The user expressly acknowledges that the limitations or exclusions of liability provided in these conditions of use have been agreed as essential conditions for the provision of services and, outside of what is expressly agreed, waives, without reservation, additional or different reasons or remedial actions.

In the event that, independently of the other clauses of these Conditions of Use, the Company is recognised liable with regard to the user for any damage or loss arising out of or relating to the use of the site or the content, the Company's liability shall in no event exceed the total amount paid by the user as registration or charge for the use of any service or functionality during the three months preceding the date of the initial complaint made to the Company (excluding the purchase of products or services).

The user acknowledges and expressly agrees that use of the service and the dissemination and preservation of information obtained or granted by the service is done at their own and sole risk and that the same user is solely and exclusively responsible for any damage to their computer or loss of data resulting from having used the service.
The user states that they have read the characteristics of the chosen service.
The user acknowledges and agrees that the Company will not provide any kind of warranty, express or implied, of marketability, compatibility or fitness for a particular purpose of the user or any third party, and also does not provide any warranty as to whether the service corresponds to the requirements and demands of the same user.

The user acknowledges and agrees that the Company does not provide any kind of warranty for them concerning the results that can be obtained using the service, concerning any software and hardware errors of the service or regarding the reliability of any information obtained by the user via the service.

The Company cannot therefore be held responsible for any direct and/or indirect damage resulting from the operation or interruption of the service.

The Company does not provide any warranty as regards the products, materials, goods or services sold, purchased or otherwise obtained by the user through the web site or service or as a result of any transaction made via the service.

Suspension of service
The Company reserves the right to limit, suspend and/or terminate immediately, without prior notice, the use and/or provision of the service or to disconnect (temporarily or permanently) the user’s account and this without recognition of any reimbursement indemnity and/or compensation, subsequently deleting the user’s account, if the Company becomes aware or deems, at its sole discretion, that the user has performed actions which could lead to problems, legal liabilities, or has violated or is violating the provisions of these conditions of use, as well as current legislation (including Legislative Decree N° 196/2003).

The Company also reserves the right to limit, suspend and/or terminate immediately, without prior notice, use and/or provision of the service as well as access to the website or the user’s account if the Company becomes aware or deems, at its sole discretion, that any of the following circumstances has occurred or is occurring:
a)   use of the service that leads to a situation of danger or instability of the server such as to cause damage to the Company;
b)   abnormal traffic such as to prevent the normal supply of the service in favour of other customers;
c)   if the public authorities or other third parties communicate to the Company, or the Company itself ascertains, a use which is unlawful, improper or not in accordance with national and international laws and the rules of "netiquette" of the service by the user;
d)   if the Company ascertains a use contrary to morality or public order or for the purpose of causing annoyance to the public or private peace, causing offence, or direct or indirect harm to anyone and attempting to breach the secrecy of private messages.
The Company also reserves the right to cancel accounts which are unconfirmed or remain inactive for a long time.
The Company will, finally, assess the material deemed "doubtful" at its sole discretion and subject to notice to the user for clarification, will rule on the suspension of the service.

In any case the Company reserves the right to take the following actions at any time and without notice: to modify, suspend or discontinue the functionality or access to the site or parts of it, for any reason; to modify or change the website or parts of it, and any rule or condition relating to the site, and to discontinue the functionality of the site or parts of it if this should prove necessary to perform routine or non-routine maintenance, error correction, or make other changes. 

Force majeure
The user accepts and agrees that the Company shall in no circumstances be held liable to the user or to third parties for the delay or failure to perform its obligations due to unforeseeable circumstances or force majeure such as, but not limited to, public authorities actions, floods, fire, theft, explosion, accidents, strikes and lockouts, also non-corporate, acts of war, embargo, transport impossibilities, telecommunications suspensions or problems, lightning, equipment failure not attributable to the Company, interruptions or overload of energy flows, failure or interruption of telephone and/or computer lines, also not related to the activity of the manager (or dealer) of the same lines, as well as interruption or suspension not due to or in any event beyond the control of the Company or arising from third parties, suppliers to the Company itself.

Indemnity clause
The Company, its employees, directors, agents and managers cannot in any way be held responsible for any damage caused by the user and resulting from violations of the provisions set forth in these Conditions of Use.

The user agrees to indemnify and hold entirely harmless the Company and its associates and subsidiaries, its representatives, employees and auxiliaries from any civil or criminal liability arising from the use of the site, even if caused by third parties through the user's account.

Governing Law and Jurisdiction
Any question relating to access to or use of the Site, including any possible dispute, shall be governed by Italian law and subject exclusively to Italian jurisdiction, the Court of Bologna.

Miscellaneous
In the event that one or more clauses of these Conditions of Use are deemed invalid or applicable, they will be limited or eliminated to the minimum extent necessary and replaced with a valid clause that best expresses the intentions of these Conditions of Use, so that the same remain fully valid and applicable.

These Conditions of Use represent the entire agreement between the parties regarding the use of the site and supersede all prior agreements concluded in writing or orally by the parties regarding the subject matter in question. Failure to make a claim or request application by the Company of any clause shall not constitute a waiver of such clause or of the right to enforce these Conditions of Use; furthermore, the possible course of conduct between the Company and the user or third parties cannot in any way change the terms of the Conditions of Use.

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