TERMS AND CONDITIONS OF SERVICE
APP PALAZZETTI
The Terms and Conditions ("Terms and Conditions")in this document ("Agreement")describe and stipulate the requirements that define and govern all legal relationships existing between Palazzetti Lelio spa ("Palazzetti") and/or Palazzetti partners, acting as providers of the Services, and you, as user of the Services ("You" or "User").
We recommend that you read these Terms and Conditions carefully and do not accept them, use, access the Services or sign up to receive them (collectively defined "Use" of the Services) unless you agree fully with the terms expressed herewith. Palazzetti holds no individual copy of this Agreement stipulated with you. For this reason we suggest that you store a copy for your future reference.
We advise you that Use of the Services may be blocked if
(a) you are not within the legal age limit for stipulation of binding contracts with Palazzetti or
(b) if you are not allowed to receive the Services in accordance with the laws in force in any country, including the laws in force in your country of residence or in the country in which you wish to use the Services.
In this Agreement:
"Services" or "Service" means or implies all services provided excluding any service performed or provided that is governed by a separate agreement, and "Palazzetti partners" means all legal entities, businesses, corporations, companies, partnerships or other organisations who collaborate with Palazzetti.
Procedure of Acceptance of Terms and Conditions,
Modification of Terms and Conditions by Palazzetti, and
Procedure of Annulment of Terms and Conditions by you or Palazzetti.
1. Acceptance of Terms and Conditions
1.1. Before you are granted Use of the Services, you must first accept Terms and Conditions and any further specific Term which is required in a particular case. Usually, Terms and Conditions and any specific Term are accepted by clicking or pressing the "I accept" button, if this button or function is available or present on the user interface for the respective Service.
1.2. You furthermore accept Terms and Conditions or any specific Term when you begin to use the Services. In this case, you are bound to respect these conditions and Palazzetti will consider you bound by the Terms and Conditions from the moment in which you begin to use the Services.
2. Modification of Terms and Conditions
2.1. Palazzetti may periodically modify or vary these Terms and Conditions.
2.2. Palazzetti will inform you with at least 15 days’ notice ("Notice Period") of any material modification made to these Terms and Conditions by communication to the e-mail address you provided to Palazzetti upon registration or by other suitable means that allow you to be informed of these modifications.
2.3. Once the Notice Period has ended, you will be asked to accept the new Terms and Conditions, by clicking or pressing the "I accept" button if this button or function is available or present on the user interface for the respective Service. You shall not be authorised to continue Use of the Services until you accept the new Terms and Conditions. We furthermore inform you that you shall not be able to continue Use of any Service unless you accept the new Terms and Conditions.
3. Termination of Terms and Conditions; Consequences of termination.
3.1. This Agreement remains in force until termination by you or by Palazzetti, according to the circumstances.
3.2. You may terminate this Agreement at any time by closing your User account relating to the Services.
3.3. Palazzetti may terminate this Agreement at any time, by sending communication of 30 days’ written notice to the email address provided to Palazzetti upon registration or by any other suitable means that allow you to be correctly informed of this termination.
3.4. Palazzetti is authorised to terminate this Agreement at any time and without obligation to respect any Notice Period in the following circumstances:
a. If you have violated these Terms and Conditions;
b. If you have clearly demonstrated (both directly and through actions, declarations or other procedures) that you do not intend to respect these Terms and Conditions;
c. If Palazzetti (including its associates) or any provider or partner providing Services to, or in collaboration with, Palazzetti, decides to terminate provision of the Services or part thereof (both at international level and in your country of residence or from which you are using the Services), or if any provider or partner of Palazzetti decides to terminate its relationship with Palazzetti itself and, regardless of the motivations, even in the circumstances in which Palazzetti or any provider or partner should deem provision of services or part thereof to you or Palazzetti, or in collaboration with Palazzetti, to no longer be commercially viable; and
d. If Palazzetti (including its partners) or any provider or partner who provides Services to, or in collaboration with, Palazzetti is bound by laws in force to terminate provision of the Services or part thereof (for example if the Services or part thereof are considered or have become illegal because of modifications to the laws in force, court orders or ruling).
3.5. Termination of this Agreement shall not constitute violation of any rights, obligations or responsibilities that you or Palazzetti have gained or incurred during the Agreement.
Rules for Use of the Services and Use of Your Content by Palazzetti or Use of Palazzetti Content by you.
4. Provision of Services and limits of use.
4.1. The Services are provided to you by Palazzetti and its associates.
4.2. Unless otherwise specified in this Agreement, you may use the Services for personal use only and not for commercial purposes or ends. You shall not reproduce, duplicate, copy, sell, trade or resell any of the Services or part thereof.
4.3. Whenever you use the Services, you shall always respect these Terms and Conditions and every law or regulation in force in the jurisdiction to which it is subject, including that in which you reside and in which you use the Services.
4.4. Palazzetti, periodically and at its sole discretion, without notice or communication, reserves the right to:
a. modify the Services or suspend and/or interrupt provision of the Services or any part thereof;
b. disable or suspend Use of the Services by you, including your User Account(s) and any files or content therein, both temporarily and permanently;
c. set a limit on the number of transmissions that you can send or receive via the Services or on the quantity of storage space used for provision of the Services or part thereof; and
d. carry out preventive checks, controls, flag, filter, modify, refuse, reject, block access or remove all or part of the Content from the Services.
4.5. Palazzetti will make every reasonable effort on a commercial level to (a) guarantee you availability of the Services without unexpected interruptions, unavailability or delays and (b) reduce every aforementioned event to the minimum.
4.6. You are not allowed to use any Service (or attempt to use) via any method apart from access via the interface that has been provided to you by Palazzetti. You shall not use any Service via automatic tools (software and/or hardware), functions, services and other procedures (including scripts or Web crawlers)
4.7. You undertake to respect and follow all the instructions provided by Palazzetti relating to the Services and moreover undertake to not perform any activity that may cause interference or interruptions to the Services or servers, networks or any other equipment connected to the Services.
Some of the Services can be used or are particularly useful, if used via mobile phone networks. Your phone provider may apply additional charges for internet access, the duration of that connection via mobile phone/device to the network and the data traffic consumed for Use of the Services. It is your sole responsibility to check with your provider about possible applicable costs, before proceeding with Use of the Services.
4.8. Advertising information
5. Software, software updates and Service updates.
Palazzetti may periodically download and install updates (including firmware updates for devices registered via the Services) ("Software updates"). These software updates may have different forms and are generally provided with the purpose of improving the performance, security and reliability of the Services or any product or device used to access Services. These updates may include bug fixing, improvements to the Services or part thereof, products or devices, updates and improvements for any software previously installed (including completely new versions).
6. Content provided in the Services and rights over content
6.1. Responsibility for all content made available in the Services or accessible as part of or via Use of the Services (including audio files, sound bytes, data, images, music, images, software, videos and written text) ("Content") rests solely with the producer of such Content. Content may include advertising material, promotional material and documents, as well as other sponsored Content.
6.2. Content may be protected by third party proprietary rights or intellectual property rights (as partners, advertisers and sponsors or their agents who act to provide such content to Palazzetti). You are not authorised to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content (wholly or partially) or provide licences of the Content.
7. User Content and User Content Licence
7.1. By uploading, transmitting, creating, posting, visualising or in any other way providing information, material, documents, multimedia files or other content via the Services ("User Content") you consent to Palazzetti, its partners and other Users of the Services using the User Content according to the requested terms of provision of the Services and, regarding this, you grant the abovementioned entities irrevocable, unlimited international licence, not subject to royalties and not exclusive of copying, reproduction, handling, adaptation, modification, change, distribution, translation, computerisation, publication, execution and public transmission of the User Content ("User Content Licence"). This licence must nevertheless be limited to the purposes of the Services.
7.2. The User Content Licence shall provide the rights that allow Palazzetti and its associates to (a) perform the necessary technical steps to process and prepare the User Content for use within the Services, including any modification and/or adaptation required to provide Services to Users and/or to transmit or distribute the User Content to third parties for use of that content, together with provision of the respective services of these third parties.
7.3. Any aspect relating to protection and application of existing intellectual property rights or related to User Content is your sole responsibility. Palazzetti is therefore not bound to protect the User Content for the latter.
8. Palazzetti Services Licence
8.1. Palazzetti, its partners and/or any provider or licensor of Palazzetti are the holders or possessors of all the proprietary rights present in the Services, including legal rights, claims and interests relating to the Services, as well as retaining international property rights, regardless of whether these are registered/legally protected or not.
8.2. Palazzetti grants you a personal, non-exclusive, non-assignable, non-transferable, international Licence not subject to royalties, for Use of the Services (including use of any software, product or material granted to you as part of Services) and in the form granted to you by Palazzetti ("Palazzetti Licence"). The Palazzetti Licence allows you to draw benefits from the Services offered according to these Terms and Conditions.
8.3. Excluding the rights granted to you in this Agreement, Palazzetti retains all rights relating to the Services.
8.4. You are not allowed to (a) grant a Use of the Services licence to any other User or third party, nor allow access to your account or Services, (b) use the Services to provide performance for other Users or any other third party or (c) to assign, grant a sub-licence, or grant a security interest relating to the Palazzetti Licence or any right governed by this, lease or loan the Services and/or the Palazzetti Licence, or transfer the Palazzetti Licence or any other right governed by it to any third party.
8.5. You may not copy, modify, change, alter or create derivative works, reverse engineer, decompile or use any other means to seek to extract the source code of Palazzetti Services (or any part thereof) unless express written consent is granted by Palazzetti, or within the limits prescribed by the Law to which you are subject. Furthermore no licence will be provided to a third party for the execution of this type of activity.
9. Trademarks
9.1. You may not use any trade name, trademark, service brand, logo, domain name or other distinguishing feature of the Palazzetti brand or brands of its associates ("Palazzetti Brands"), without prior written consent from Palazzetti. Within the limits of use granted for Palazzetti Brands, governed by a separate written agreement stipulated with Palazzetti, such use is only permitted in compliance with the dispositions of that agreement.
9.2. You may not in any way remove, conceal, hide, modify or alter any mark relating to proprietary rights, symbols, registered trademarks, service brands, trade names, logos or other trademarks of Palazzetti, its associates or any third party (including the copyright symbols and registered trademarks) which belong, are placed or contained within the Services. You accept that you may not use those symbols, trademarks, service brands, trade names, logos or other trademarks of Palazzetti, its associates or any third party in a manner which results in certain, probable or foreseeable intention to deceive other parties or cause confusion relating to the identification of the proprietor, licence holder or authorised User, in this case, of those trademarks, names or logos.
Important information regarding your registration Data, Account Data and your privacy.
10. Registration Data and User Accounts
10.1. Before continuing Use of the Services, you may be required to provide personal information ("Registration Data").
10.2. You agree to provide precise, up-to-date and complete Registration Data and to update these data in a way that always respects these characteristics.
11. Passwords and Account Security
11.1. In order to use the Services it is necessary to create a User Account and provide a User ID and a Password ("Account Data").
Palazzetti has implemented an integrated registration solution via a unique authentication process ("Unique Authentication"). Unique authentication means that, once a User Account has been activated with Palazzetti, you automatically register for all Services, thus eliminating the need to maintain separate User Accounts and User IDs for each individual Service. Unique Authentication allows you to log in and out of all Services and between all devices simultaneously.
11.2 You must always keep your Account Data safe and confidential and do not allow unauthorised access to these data and to your account by third parties, in particular, avoiding choosing easily identified passwords or User IDs, regularly changing your password and ensuring that you do not reveal any password, or allow other Users or third parties to access your account or your account Data.
11.3. Palazzetti may follow any instruction you provide and may consider any instruction as (a) received by or transmitted by a User or third party using or providing your Account Data or (b) attributable to you or to your Account Data, as your instructions.
11.4. You agree not to use any Account Data or Account of other Users or persons with first obtaining the permission of the User or respective account holder.
11.5. You shall immediately contact Palazzetti at the e-mail address info@palazzetti.it if you discover unauthorised use of any part of your Registration Data or Account Data and any other security violation.
11.6. You may access or modify your Registration Data or Account Data at any time, accessing the special Palazzetti App on your device.
13. WARRANTEES AND USER DECLARATIONS
13.1. YOU ARE FULLY RESPONSIBLE FOR USER CONTENT PROVIDED AND FOR ANY CONSEQUENCES DERIVING FROM IT (INCLUDING ANY LOSS OR DAMAGE SUFFERED BY PALAZZETTI AND ITS PARTNERS). IN PARTICULAR, YOU GUARANTEE AND DECLARE TO PALAZZETTI THAT:
YOU HOLD ALL THE RIGHTS RELATING TO THE USER CONTENT OR ARE OTHERWISE AUTHORISED TO GRANT PALAZZETTI LICENCE FOR THE USER CONTENT;
A. THE USER CONTENT DOES NOT VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS;
B. THE USER CONTENT DOES NOT CONTAIN ANY HARMFUL, INACURATE, PORNOGRAPHIC, OFFENSIVE, OBSCENE, THREATENING, DEFAMATORY, ILLEGAL MATERIAL OR MATERIAL WHICH DOES NOT CONFORM TO THE LAWS IN FORCE OR GUIDELINES DRAWN UP BY PALAZZETTI REGARDING CONTENT;
C. THE USER CONTENT DOES NOT CONTAIN ANY VIRUS OR MALICIOUS SOFTWARE, CODE OR OTHER MEANS OR DEVICES THAT MAY DAMAGE, VIOLATE, DISABLE, INFLUENCE OR LIMIT THE FUNCTIONS OR PERFORMANCE OF THE SERVICES AND/OR ANY DEVICE THAT ACCESSES THAT CONTENT. REGARDLESS OF WHETHER THE DEVICE BELONGS TO PALAZZETTI OR ANY OTHER USER OR THIRD PARTY INCLUDING SERVERS, NETWORK HUBS OR SIMILAR EQUIPMENT;
D. THE USER CONTENT IS COHERENT AND CONFORMS WITH EVERY DIRECTIVE AND REGULATION REGARDING AGE LIMITS (INCLUDING A CLASSIFICATION AND PRECISE, APPROPRIATE EVALUATION OF ALL USER CONTENT, ACCORDING TO EACH CASE) ACCORDING TO THE LAWS IN FORCE IN EVERY COUNTRY INCLUDING THE COUNTRY IN WHICH YOU RESIDE OR FROM WHERE YOU USE THE SERVICES; AND
E. USE OF USER CONTENT BY PALAZZETTI OR ITS ASSOCIATES SHALL NOT IN ANY WAY OBLIGE PALAZZETTI OR ITS ASSOCIATE TO MAKE PAYMENT (INCLUDING LICENCE FEES, QUOTAS OR OTHER TARIFFS) TO ANY THIRD PARTY (IN PARTICULAR RIGHTS MANAGEMENT COMPANIES).
13.3. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY PALAZZETTI AND ITS ASSOCIATES AGAINST ANY LOSS, DAMAGE, RESPONSIBILITY OR CHARGE BORNE BY PALAZZETTI AND ITS ASSOCIATES DERIVING FROM ANY VIOLATION OF THESE WARRANTEES.
15. PALAZZETTI WARRANTEES AND DECLARATIONS
15.1. UNLESS OTHERWISE DEFINED IN THIS AGREEMENT, PALAZZETTI, ITS ASSOCIATES AND PROVIDERS, PARTNERS AND/OR LICENCE HOLDERS PROVIDE SERVICES TO THE BEST OF THEIR ABILITY AND EXCLUDE ANY EXPLICIT AND IMPLICIT WARRANTEE AND CONDITION. IN PARTICULAR, BUT NOT SOLELY, PALAZZETTI, ITS ASSOCIATES AND PROVIDERS, PARTNERS OR LICENSORS DO NOT GUARANTEE OR DECLARE THAT:
15.2. THE SERVICES ARE FIT FOR THE PURPOSE, RESPECT YOUR NEEDS, ARE PROVIDED WITHOUT ERROR OR FAULT, OR CONFORM TO ANY LEVEL OF QUALITY, ACCORDING TO CIRCUMSTANCES.
A. THE SERVICES ARE AVAILABLE AT ANY TIME AND ARE PROVIDED TO YOU WITHOUT SUSPENSIONS, INTERRUPTIONS OR DELAYS;
B. THE SERVICES DO NOT VIOLATE ANY COPYRIGHT OR ANY LAW IN YOUR COUNTRY OF RESIDENCE OR IN ANY OTHER COUNTRY OF THE WORLD;
C. ANY INFORMATION (IN SPOKEN OR WRITTEN FORM) THAT YOU OBTAIN FROM PALAZZETTI AS A RESULT OF USE OF THE SERVICES (INCLDING ANY MATERIAL OR PRODUCT) SHALL BE SUITABLE, ACCURATE, COMPLETE OR RELIABLE; AND
D. ANY FAULT IN THE SERVICES, INCLUDING PROBLEMS IN PERFORMANCE, FUNCTION AND FUNCTIONALITY OF SERVICES SHALL BE REPAIRED, CORRECTED OR IN OTHER WAY RESOLVED.
15.3. ANY DOCUMENT OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATE) DOWNLOADED, INSTALLED OR OBTAINED VIA USE OF THE SERVICES IS PROVIDED BY PALAZZETTI "AS IT IS" AND AT YOUR RISK. PALAZZETTI TAKES NO RESPONSIBILITY FOR DAMAGE TO YOUR MOBILE PHONE OR TO INSTALLED SOFTWARE, TO COMPUTERS OR OTHER DEVICES OR TO RELATED SOFTWARE OR FOR ANY LOSS OF DATA CAUSED BY OR RESULTING FROM THE DOWNLOAD AND/OR USE OF THOSE DOCUMENTS AND/OR THAT MATERIAL.
16. USER RESPONSIBILITY
16.1. YOU ARE FULLY RESPONSIBLE FOR ANY VIOLATION OF YOUR OBLIGATIONS REGARDING
A. THESE TERMS AND CONDITIONS; AND
B. ANY LAW OR DIRECTIVE IN FORCE IN THE RELEVANT JURISDICTIONS, INCLUDING THE JURISDICTION IN WHICH YOU RESIDE OR FROM WHICH YOU ARE USING THE SERVICES
AND FOR THE CONSEQUENCES OF EVERY VIOLATION, INCLUDING ANY LOSS OR DAMAGE THAT PALAZZETTI OR ANY THIRD PARTY MAY SUFFER. PALAZZETTI SHALL BEAR NO RESPONSIBILITY FOR YOUR ACTIONS OR THOSE OF ANY THIRD PARTY WITH RESPECT TO THIS VIOLATION.
17. RESPONSIBILITY OF PALAZZETTI
17.1. WITH THE EXCEPTION OF CLAUSE 17.3, PALAZZETTI AND ITS ASSOCIATES ARE NOT LIABLE TO YOU, WITH THE EXCEPTION OF LEGAL RESPONSIBILITY, IN PARTICULAR IF DERIVING FROM CONTRACT, CRIME OR ANY OTHER CAUSE OF RESPONSIBILITY, FOR:
A. ANY SUBSEQUENT, SPECIAL, INCIDENTAL OR INDIRECT DAMAGE;
B. ANY LOSS OF EARNINGS, BUSINESS, ACTUAL OR FORECAST PROFITS, OPPORTUNITY, INTRODUCTION OR REPUTATION (BOTH DIRECT AND INDIRECT)
C. ANY DAMAGE, LOSS, AND/OR CORRUPTION OF DATA (BOTH DIRECT AND INDIRECT);
D. ANY LOSS OR DAMAGE RESULTING FROM:
I. ANY VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY OTHER AGREEMENT OR CONTRACTUAL RELATIONSHIP BETWEEN PALAZZETTI, ITS ASSOCIATES AND PROVIDERS, PARTNERS AND/OR LICENSORS;
II. ANY TRUST PLACED BY YOU ON THE SUITABILITY, ACCURACY, COMPLETENESS, RELIABILITY OR EXISTENCE OF ANY (A) SERVICE (INCLUDING SOFTWARE, INFORMATION, DOCUMENTS, MATERIAL MADE AVAILABLE AS PART OF OR DURING THE USE OF THE SERVICES) OR (B) ADVERTISING MATERIAL OR MATERIAL AS A RESULT OF ANY RELATION OR TRANSACTION BETWEEN YOU AND ANY SPONSOR, ADVERTISER, WHOSE ADVERTISING MATERIAL (INCLUDING ANY PROMOTIONAL MATERIAL) IS MADE AVAILABLE WITHIN THE SERVICES OR THROUGH THEIR USE;
III. ANY MODIFICATION, CHANGE, EXTENSION OR LIMITATION (INCLUDING ANY SUSPENSION IN USE OF THE SERVICES, IN ACCESS TO YOUR ACCOUNT, TO ACCOUNT DATA OR REGISTRATION DATA) TO SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF SERVICES (OR PART THEREOF); OR
IV. USE OF YOUR ACCOUNT DATA BY THIRD PARTIES (REGARDLESS OF YOUR AWARENESS OF THE FACT OR NOT). YOU ARE FULLY RESPONSIBLE FOR COMPENSATION OF ANY DAMAGE AND/OR LOSS SUFFERED BY PALAZZETTI CAUSED BY USE OF YOUR ACCOUNT DATA BY THIRD PARTIES.
V. IN THE EVENT OF PALAZZETTI OR ITS ASSOCIATES BEING RESPONSIBLE FOR VIOLATING THE PRESENT TERMS AND CONDITIONS, RESPONSIBILITY OF PALAZZETTI SHALL BE LIMITED TO THE DAMAGE THAT PALAZZETTI DEEMS TO HAVE OCCURRED AT THE MOMENT OF CONCLUSION OF THIS AGREEMENT, ACCORDING TO THE CIRCUMSTANCES PERCEIVED AT THAT MOMENT.
17.2. IF THE LAWS OF THE JURISDICTION IN WHICH THE USER RESIDES DO NOT GRANT EXCLUSION OF PARTICULAR WARRANTEES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF RESPONSIBILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR IMPLICIT TERMS, OR INCIDENTAL OR SUBSEQUENT DAMAGE, ONLY THE LEGAL LIMITATIONS PERMITTED IN THE SAID JURISDICTION SHALL BE APPLIED TO THE USER AND THE RESPONSIBILITY AND WARRANTEE OF PALAZZETTI SHALL BE LIMITED TO THE MAXIMUM IN ACCORDANCE WITH THE LAW IN FORCE.
C. Force majeure
17.3. Palazzetti is in no way responsible for failure to fulfil or delay in fulfilling any obligation of Palazzetti specified in this Agreement caused by events beyond the reasonable control of Palazzetti ("Event of force majeure"), in particular (without any limitation) (a) unavailability of public or private telecommunications networks (b) acts, decrees, laws, regulations or restrictions imposed by any government or (c) strikes, embargoes or any industrial action, popular movement, revolt, invasion terrorist attack or threat of terrorist attack, state of war (declared or not) or natural disaster.
17.4. The Service rendered by Palazzetti, in accordance with this Agreement, is considered suspended for the period in which the event of force majeure persists and Palazzetti shall prolong the service for a period equivalent to the suspension.
17.5. Palazzetti will make every reasonable effort to bring the event of force majeure to an end or find a solution which allows it to fulfil its contractual obligations despite the ongoing force majeure event.
18. Link to third party sites and other content
18.1. The Services may contain links to content and services provided by third parties, including other web sites ("External resources"). Palazzetti is not responsible for and has no control over content (including advertising material, products and other materials) provided, made available and/or viewed by you in these External Resources and is not responsible for any damage or loss suffered by you caused by, or as a result of content (including any commitment you made over availability, accuracy, applicability or completeness of content) made available, provided or visualised via these External Resources.
18.2. It is sometimes possible, as a result of or via Use of the Services, that you use or purchase services, goods or software provided by a third party. Your use of these other services, goods or software may be subject to separate terms and conditions between you and the respective third party. This agreement does not in any way influence your legal relationships with this third party and Palazzetti bears no responsibility over services, goods or software provided to you by a third party.
18.3. Further aspects to be considered and understood
19. Special Terms and Conditions
19.1. When you register for a Service, you may have to accept special terms and conditions which, among other aspects, describe specific features and aspects of the Service, and may have to stipulate other legal clauses (collectively defined as "Special Terms").
19.2. Any Special Term is applied in addition to and in connection with these Terms and Conditions. In the event of conflict between these Terms and Conditions and any Special Term, the latter will take precedence over the Terms and Conditions.
19.3. Language of this Agreement
Palazzetti can provide a translation of the English version of this Agreement. This translation is provided to you solely for your convenience. In the event of conflict between the Italian language version and the translated version of these Terms and Conditions, and what is permitted by applicable law, the ITALIAN language version takes precedence over any translated version.
20. Procedure for submitting claims and notification of violation of intellectual property rights and other rights
20.1. Palazzetti may respond to notification of presumed violation of copyright or other laws according to the law in force and may terminate, suspend or block access (temporarily or permanently) to the accounts of Users who have repeatedly broken copyright laws or violated other applicable laws.
20.2. Any notification related to violation of copyright or other laws by the Services, to any content provided or visualised in the Services or to any User Content must be sent to the e-mail address info@palazzetti.it.
21. Confidentiality
21.1. The Services may contain confidential Palazzetti information, including, without any limitation, all the information deemed confidential or identifiable as trade or corporate secrets or for other reasons identifiable or made available to you as confidential.
21.2. Unless otherwise defined by these Terms and Conditions, you (a) shall keep that information confidential for an unlimited period of time and not reveal that information without the prior written consent of Palazzetti and (b) you shall not store or use that information in any way unless expressly requested for the purposes of this Agreement.
21.3. Clause 23.1 does not apply in the event of you being asked to divulge confidential information of Palazzetti in circumstances prescribed by laws in force. In this case, and within the limits prescribed by the law in force, you shall have to inform Palazzetti immediately of any divulgation of confidential information.
22. General provisions
22.1. Palazzetti shall refer only to these Terms and Conditions stipulated in written form. Any representation, declaration or agreement made or stipulated in other ways, both directly and indirectly, in spoken or written form or via advertising material is not considered binding by Palazzetti, with the exception of what is expressly confirmed in writing by Palazzetti.
22.2. Palazzetti may provide you with notes (including those relating to modifications to the Agreement or on the interruption of Services or part thereof) via e-mail, traditional post, other types of delivery or via the Services.
22.3. If Palazzetti does not demand or request that the legal rights or remedies defined in this Agreement or which benefit Palazzetti under any applicable law be respected, this shall not be interpreted as a dispensation of rights or remedies, which shall thus remain at the disposal of Palazzetti.
22.4. If any provision of this Agreement is deemed not valid, illegal or non-applicable (wholly or partially) as established by a competent court with the jurisdiction to rule on such a question, the validity, legality and application of the remaining provisions shall not be in any way influenced or weakened.
22.5. Every Palazzetti associate shall be considered a third party who benefits from this Agreement and shall be authorised to ensure that every provision of this Agreement, which confers benefits (or rights) onto him/her, is respected. In application of the previous provision, no other person shall be considered a third party who benefits from this Agreement.
22.6. You are not allowed to in any way transfer, assign or resolve this Agreement, which is by nature strictly personal, as also any of your rights or obligations deriving from this Agreement without the prior written consent of Palazzetti.
22.7. This Agreement, and your relationship with Palazzetti regarding this Agreement, shall be governed and constituted according to the laws of the jurisdiction in which you reside, without considering any conflicts with the legal provisions and with the exception of the non-exclusive jurisdiction of the courts of that jurisdiction, for the resolution of any legal question that should arise in relation to the Agreement. Regardless of what has been previously set out, Palazzetti may seek to request an injunction (or any type of urgent legal provision) in any jurisdiction.
DISCLAIMER
Access to the Services ("Services") may be interrupted without notice and Palazzetti may not be deemed responsible for this removal of service.
Access to the Services may be granted without charge. Nevertheless, wherever Palazzetti provides free access to the Services, Palazzetti may interrupt free access and/or convert the service into a paid service at its sole discretion.
Access to Services requires access to a data network and your service provider may charge you according to its data tariff plan. Access to the Services may suffer delays, interruption and/or be unavailable according to the network conditions of your provider.
Any information provided as part of Services, including, but not limited to information relating to (i) the current state of devices connected to the Services and (ii) to the history of Use of the Services, is based on harvested computer data and Palazzetti does not guarantee the precision of that information.
Security breaches caused by loss or theft of access information, such as log in ID and password, and/or intentionally hacking into servers, may allow a third party to access the Services connected with your registered Account, and to remotely scan your installed devices ("Security Breach"). Users must adopt suitable counter measures to keep information safe and not reveal access data nor allow third parties to use their User Account. Palazzetti cannot be deemed responsible for any Security Breach.