Terms of use

CONDITIONS OF USE

These terms of use ("Terms of use") apply to the websites owned by Rocky Srl (from now on the Company), published at www.carburatori-italia.it

By using the site, the user accepts these terms of use; if you do not accept, the user must refrain from using the site.
The Company reserves the right to change, modify, add or remove provisions of these Terms of Use at its discretion and at any time. The user is required to periodically consult the Terms of Use to check for any changes. The use of the site following the publication of changes will constitute acceptance of these changes by the user. Without prejudice to compliance with these Terms of Use, the Company grants the user the personal, non-exclusive, non-transferable and limited right to access the site and use it.

Additional terms and conditions for products and services
The purchase of products or the provision of services include additional applicable terms and conditions, which must be understood as integrated into these Terms of Use.
You agree to comply with these additional terms and conditions, also declaring, where required, that you have reached the legal age necessary to use and / or participate in such services or features.
The Company's obligations in relation to its products and services are governed exclusively by the contracts under which such products and services are provided, and no part of this Site can be interpreted as a modification of the aforementioned contracts.
The Company reserves the right to modify any product or service mentioned on the site as well as the prices relating to products and services, at any time and without notice.
The material relating to products or services published on the site may include outdated information; the Company is not required to correct such material and has no responsibility for it.

Content on the site
Any text, graphics, user interface, visual interface, photography, trademark, logo, sound, music, illustration and computer code or other materials (collectively, "Content") present on the site, including without limitation the design, structure, the selection, coordination, expression, appearance and arrangement of such Content, belong to or are controlled or licensed by the Company and are protected by the laws on copyright, patents, distinctive signs and trademarks commercial, as well as the regulations on intellectual property rights and unfair competition.
It is therefore forbidden to copy, reproduce, publish, upload, publicly display, encode, translate, transmit or distribute any part of the site and its contents on any computer, server, website or other means intended for publication, distribution or any purpose. commercial without the prior written consent of the Company.
The user may use the information intentionally made available by the Company provided that he refrains from copying or publishing the information on any computer on the network or from transmitting it by any means, does not alter the information in any way and does not release any kind any additional declaration or guarantee relating to such documents and information.

Use of the site by the user
You may not use automatic techniques, devices, programs, methodologies or 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 navigation structure or the presentation of the site or the Contents to obtain or attempt to obtain materials, documents or information by means not intentionally made available on the site.
In the aforementioned cases, the Company reserves the right to block such illegal activities.
The user must refrain from trying to obtain unauthorized access to any part or functionality of the site, or to other systems or networks connected to the site or to any server of the Company, as well as to the services offered on or through the site, through hacking techniques, password interception or any other illegal means.

The user agrees to refrain from carrying out actions that cause an unreasonable or disproportionate workload on the infrastructure of the site or the systems and networks of the Company, or on the systems and networks connected to the site or the Company.

It is forbidden to probe, examine or test the vulnerability of the site or any network connected to it, as well as to violate its security or authentication measures. It is also forbidden to trace or try to trace the origin of information relating to any user or visitor of the site, or any customer of the Company, including the Company's accounts belonging to third parties.

You agree not to use any type of device or software to interfere or attempt to interfere with the proper functioning of the site or any transaction conducted on it, as well as with the use of the site by third parties.

It is forbidden to pretend to be or to represent other people and to impersonate other individuals or entities.

The user agrees not to use the site or its Contents for activities prohibited by law or by these Terms of Use, as well as to refrain from soliciting the performance of any illegal activity or in violation of the rights of the Company or others.

The user is the sole and personal responsible for the use of the service, as well as for any prejudicial consequences that may fall on the Company and third parties, and this with reference to the current Italian legislation in civil and criminal matters and, as applicable, to the foreign legislation.

The user undertakes to:

1. not to interfere, destabilize or interrupt the service, servers or networks connected with the service, not to act in contrast with any requirement, procedure or rule of the service;
2. not to use the service for illegal purposes or against public order, morality and morality;
3. not to use the service to transmit or disseminate (including through links) illegal, pornographic, racist, privacy-damaging and / or otherwise obscene, vulgar (even if oriented to an adult audience and characterized by nudity or acts of a sexual nature), defamatory , libelous, abusive or otherwise send private information relating to a person without their consent, intentionally inflicting emotional stress;
4. not to transmit material and / or messages that encourage third parties to engage in unlawful and / or criminal conduct liable to criminal or civil liability;
5. observe, and have any subjects who use the service observe, all the regulations, directives and network procedures connected to the service itself;
6. not to create headings or in any other way manipulate distinctive signs or indications in order to counterfeit the origin of a content of the service or the service itself;
7. not to use or disseminate the content of the service that involves the violation of patents, trademarks, secrets, copyrights or other industrial and / or intellectual property rights of the supplier or third parties;
8. not to send commercial and / or promotional messages or not to engage in "spam", "chains of S. Antonio" as well as any other form of unauthorized solicitation against discussion groups, social forums and any other form of communication / aggregation, including "cross-posting" and / or addresses of users who have no relationship with the sender; in particular not to send unsolicited advertising via e-mail and / or mailbombing (to send numerous messages without significant changes in the content to the same user), to subscribe someone to a mailing list without the person's permission, to try without authorization to enter a computer equipped with a security system;
9. spread viruses or any other technology aimed at damaging the site or other users of the website;
10. not to disclose information to third parties in relation to the systems and methods of accessing the service.

In any case, it is expressly forbidden to use the service to contravene directly and / or indirectly the current laws of the Italian State or of another foreign State.
The user can transfer the information provided by the service to other processors exclusively for personal use and in any case within his own company structure.
The user agrees and agrees that the technical processing, transmission or dissemination of the service, including its contents, may include the transmission or dissemination of the contents 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, the connection standards of its networks or the equipment and connection programs.

The Company reserves the right to interrupt access to the website, even for a single user, in the event that it deems, at its sole discretion, that the site is used in contravention of the points described above.

Account, password and security
The site offers some services and features which necessarily require the opening of an account with relative UserID and password. The user is exclusively responsible for the confidentiality of the data of his account, including the password, and of any activity originating from the account itself and, consequently, remains the sole and sole responsible for all uses, whether they are authorized by the same. or not authorized. The user undertakes to log out of his / her account at the end of each session of use of the service.

The user will be the one and only responsible for the security and appropriate use of all user names and passwords assigned to him by the Company, possibly also for updating, modifying and monitoring the information disseminated online. The user is therefore required to take all necessary measures to ensure that they are kept secret, used properly, not disclosed to unauthorized parties.

The user undertakes not to transfer or disclose (directly or indirectly) to third parties both the UserID and the personal password and undertakes to immediately notify the Company of any theft and / or loss and / or unauthorized use or any other violation. the security by third parties of their UserID and password as soon as they become aware of them.

However, the user could be held responsible for any damage caused to the Company or to other users or visitors of the Site by the use of their UserID, password or account by third parties.

It is not allowed to use the UserID, password or account of another user without the explicit permission and consent of the rightful owner.

The Company will therefore not be in any way responsible for any loss or damage caused by failure to comply with these obligations by the user, who undertakes as of now to indemnify and hold harmless the Company from any and all requests, also for damages, proposed and / or deriving, directly or indirectly, from the aforementioned use or abuse of the service and / or account.

Privacy
The site is governed by the Company's Privacy Policy, the terms of which are an integral part of these Terms of Use.

The user acknowledges and accepts that internet transmissions are never completely confidential or secure. The user acknowledges that any data or message sent to the Site could be read or intercepted by third parties, even in the presence of a special notice that a certain transmission (for example the sending of credit card data) is encrypted.

The privacy document is available at the following web address: www.carburatori-italia.it/privacy

The Company may disclose information relating to you (including your identity) if it determines 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 actions against persons who may harm or interfere with (intentionally or unintentionally) the rights and property rights of the Company or visitors or users of the site, including the Company's customers. The Company reserves the right to disclose any information necessary to comply with laws, regulations, legal processes or governmental requests at any time. The Company may also disclose your information if it determines that applicable law requires or permits such disclosure, including exchanging information with other Companies and organizations for fraud protection purposes.

The Company may retain any transmission or communication between the user and the Company through the site or any service offered on or through the site, and may also disclose such data if required by law or if it determines that such storage or disclosure is reasonably necessary to comply with legal processes, exercise these Terms of Use, respond to the claim that the contents of any communication violate the rights of third parties or protect the rights, property rights or personal safety of the Company, its employees, users or visitors to the site and the public and, in general, exercise a right or the defense of a right in court.

General rules for using the service
The user undertakes to indemnify the Company and its employees and consultants from any and all prejudice and damage suffered by them, from any liability, costs, expenses (including legal) incurred by them, as well as to indemnify them from any eventual action, reason, claim advanced by third parties that find cause or reason in behaviors or omissions attributable to the user, or that are a consequence of the user's non-fulfillment of the obligations imposed on him by the contractual regulation.

Disclaimer and Limitation of Liability
The Company does not guarantee that the site or its contents, services or features are error-free or available continuously, nor that any defects will be corrected or that the use of the site by the user will lead to specific results.

The site and its contents are provided "as is" and according to availability; all information provided on the site is subject to change without notice.

The Company cannot guarantee that any documents or other data downloaded from the site are free of viruses or contamination or destructive characteristics. The Company disclaims any express or implied warranties, including, but not limited to, warranties of accuracy, non-infringement, merchantability and fitness to meet a particular purpose.

The Company declines any responsibility for acts, omissions or behaviors of third parties connected with or relating to the use of the site and / or any service provided by the Company by the user.

The user assumes full responsibility for the use of the site and linked sites. In the event that the user is not satisfied with the site or its contents, the only remedy will be the cessation of use of the site or its contents.

The aforementioned limitation of liability is an integral part of the contract between the parties and applies to all possible damages, responsibilities and injuries deriving from malfunction, error, omission, interruption, cancellation, defect, delay in operation or transmission, computer virus, failure of lines of communication, theft, destruction or unauthorized access, alteration or use, whether caused by default, fault, negligence or other cause.

The user, in case of interruption of the service for reasons chargeable to the same, will not be able to request the Company to reimburse any sum, not even partial, for any reason and / or reason.

Without prejudice to what is indicated in the previous articles, the user acknowledges and accepts that the Company cannot in any case be held liable - either under a contractual or non-contractual capacity - towards the user (or third parties) for any type. direct or indirect damage including damage related to loss of profits, goodwill or loss of data even if the Company has been warned (in writing or verbally) of the possible occurrence of such damages.

By way of non-exhaustive example, the Company will not be liable for damages connected with or deriving from:

1. from use, misuse or the inability to use the service attributable to the user;
2. the cost of replacement services with respect to the product / service purchased;
3. from any modification, suspension or interruption of the service;
4. from unauthorized access or from alteration of transmissions and / or user data, including, among other things, any damage, even economic, by the same user that may have been suffered due to lack of profit, use, loss of data or other elements intangible.

In any case, all explicit or implicit guarantees are expressly excluded to the extent that this does not conflict with the current laws and without prejudice to the Company's liability for willful misconduct or gross negligence.

It is expressly agreed and accepted by the user that the Company cannot under any circumstances be held responsible for omissions or errors that may be contained in the information that at the request of the user has been used for the execution or implementation of the service.

The user substantially and procedurally indemnifies the Company, keeping it harmless from any loss, damage, liability, cost or expense, including legal fees, deriving from any violation of the previous points of this article.

The Company's liability for any title deriving from this contract or in any case from the provision of the services, including any action for defects, non-fulfillment or failure of the remedial action undertaken, will be limited only to willful misconduct or gross negligence and will not extend to any damage that are indirect, unforeseeable or in any case anomalous consequence of the defect or non-fulfillment such as, by way of example, loss of earnings, financial charges, business shutdown costs, cost of equipment or replacement services, damages or expenses deriving from third party claims against of the user.

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

In the event that, regardless of the other clauses of these Terms of Use, the Company is held liable towards the user for any damage or loss deriving from or connected to the use of the site or the contents, the Company's responsibility does not may in no case be greater than the total amount paid by the user as a subscription or charge for the use of any service or functionality during the three months preceding the date of the initial complaint submitted to the Company (excluding the costs of purchasing products or services).

The user acknowledges and expressly accepts that the use of the service and the dissemination and storage of the information obtained or granted through the service is carried out at his own and exclusive risk and that the same user is the sole and exclusive responsible for any damage to his own. computer or for data loss resulting from using the service.

The user declares to have read the characteristics of the chosen service.

The user acknowledges and agrees that the Company does not give any kind of guarantee, express or implied, of merchantability, compatibility or suitability for a particular purpose of the user or third parties and, moreover, does not give any guarantee regarding the fact that the service corresponds to the requirements and needs of the user.

The user acknowledges and agrees that the Company does not give any guarantee towards him about the results that can be obtained with the use of the service, about any software and hardware errors of the service or concerning the reliability of any information obtained. by the user through the service.

Therefore the Company cannot be held responsible for any direct and / or indirect damage deriving from the use of the service or from the interruption of the operation of the service.

The Company does not provide any guarantee regarding the products, materials, goods or services sold, purchased or otherwise obtained by the user through the website or the service or following any transactions made through the service itself.

Suspension of service
The Company reserves the right to immediately limit, suspend and / or discontinue, without prior notice, the use and / or provision of the service or to disconnect (temporarily or permanently) the user's account and this without acknowledgment of any refund, indemnity and / or compensation, with consequent subsequent cancellation of the user's account, if is aware or determines, in its sole unquestionable judgment, that the user has taken actions that may lead to problems, legal responsibilities or has violated or is violating the provisions of these conditions of use, as well as the current legislation (including Legislative Decree . n. 196/2003).

The Company also reserves the right to immediately limit, suspend and / or interrupt, without prior notice, the use and / or provision of the service as well as access to the site or the user's account should it become aware of or consider , at its sole discretion, that one of the following circumstances has occurred or is occurring:

1. a use of the service that determines a situation of danger or instability of the server such as to cause damage to the Company;
2. anomalous traffic or traffic such as to prevent the normal provision of the service in favor of other customers;
3. if the public authority or other third parties communicate to the Company, or itself ascertain, an illicit or improper use or use that does not comply with both national and international laws and the rules of the "netiquette" of the service by the user;
4. if the Company ascertains a use contrary to morality or public order or with the purpose of causing nuisance to public or private peace, of causing offense or direct or indirect damage to anyone and groped to surprise the secret of private messages anyway;
5. access to the website by unauthorized third parties or, in any case, by cd. hacker attacks;
6. ordinary and / or extraordinary maintenance of the website or IT systems or due to force majeure.

The Company also reserves the right to cancel unconfirmed or inactive accounts for a long time.
Finally, the Company will evaluate the material deemed "doubtful" at its sole discretion and, after communicating it to the user for clarification, will decide on the suspension of the service.

In any case, the Company reserves the right to undertake the following actions at any time and without notice: modify, suspend or interrupt the functionality or access to the site or parts of it, for any reason; modify or change the site or parts of it and any rules or conditions relating to the site, and interrupt the functionality of the site or parts of it if this is necessary to perform ordinary or extraordinary maintenance operations, correct errors or make other changes.

Major force
The user agrees and agrees that the Company will in no case be held liable towards the user or third parties for the delay or failure to fulfill its obligations due to unforeseeable circumstances or force majeure such as, by way of example and not mandatory, actions by public authorities, floods, fires, thefts, explosions, accidents, strikes and lockouts, including non-company lockouts, acts of war, embargoes, inability to transport, suspensions or telecommunication problems, lightning, plant failures not attributable to the Company, interruptions or overload of energy flows, breakdowns or interruptions of telephone and / or computer lines also not attributable to the activity of the operator (or concessionaire) of the same lines, as well as interruptions or suspensions not attributable or in any case independent of the will of the Company or deriving by third parties suppliers of the Company itself.

Indemnity clause
The Company, its employees and 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 of these Terms of Use.

In any case, the user undertakes to indemnify and hold harmless the Company as well as the subjects connected or controlled to it, its representatives, employees or auxiliaries from any civil and criminal liability deriving from the use of the site, even if caused by third parties through the user's account.

Applicable Law and Jurisdiction
Any question concerning access to or use of the Site, including any dispute, will be governed by Italian law and will be submitted exclusively to the Italian jurisdiction, court of Bologna.

Various
In the event that one or more clauses of these Terms of Use are deemed void or inapplicable, they will be limited or eliminated to the minimum degree necessary and replaced with a valid clause that better expresses the intentions of these Terms of Use, so that they remain fully valid and applicable.

These Terms of Use represent the entire agreement between the parties regarding the use of the site and replace all previous agreements entered into in writing or orally by the parties regarding the object in question. The Company's failure to claim or request application of any clause will not constitute a waiver of that clause or the right to enforce these Terms of Use; furthermore, any conduct between the Company and the user or third parties may in no way modify the clauses of the Terms of Use.