TERMS OF USE

 

General

This website www.actionproof.com (hereinafter, the “website”), is owned and operated by Actionproof Srl, registered office at Viale Città d’Europa 618, 00144 Roma (“Actionproof”). Please read the following terms of useand the privacy policy (hereinafter jointly also the “terms of use”) carefully before using the website because they constitute a legal binding agreement between Actionproof and you.

 

Website

You agree that access and use of this website as well as any information and materials available through this website are subject to these terms of use and to all applicable laws and regulations.

By accessing to, shopping on and in general using this website, you accept these terms of use without limitation or qualification acknowledging that these terms of use form a legal binding agreement.

Certain services offered by or through the website may be governed by additional terms and conditions presented in conjunction with them (besides these terms, the privacy policy).You must agree to the additional terms before using such services. If you do not agree to the terms of use and the additional terms, do not use this website.

In order to benefit from certain of our services you are required to register to the website and to confirm acceptance, through the registration process, of these terms of use and of the above mentioned privacy policy and possible additional terms. See also the paragraph “site accounts” below.

 

Territories and permitted uses

We operate within United States of America (hereinafter “United States”) and within United Kingdom, Italy, Germany, France and Spain (these five territories hereinafter jointly “Europe”). This website is intended for use by consumers residing in the United States and in Europe only and we will provide our services only within the United States and Europe.  Products advertised and sold through this website may only be purchased for delivery within the United States and Europe.

If your place of residence is within the United States, this website is not intended for use and may not be used by children under the age of thirteen (13).  If you are between the age of thirteen (13) and the age of majority in your place of residence, you may use the website only under the supervision of your parent or legal guardian. If you are the parent or legal guardian and consent to your minor child’s access to and use of the website, you agree to be bound by these terms of use on behalf of yourself and your minor child.

If your place of residence is within Europe, this website is not intended for use and may not be used under the age of eighteen (18).

 

Term and termination

This agreement formed by these terms of use is effective unless and until terminated by either you or Actionproof. You may terminate this agreement at any time by no longer using the website, provided that all prior uses of the website shall be governed by this agreement. Subject to applicable law, Actionproof may terminate this agreement at any time and without notice, and accordingly deny you access to this website, in Actionproof’s sole discretion for any or for no reason, including your failure to comply with any term or provision of these terms of use. Upon any termination of this agreement by either you or Actionproof, you must promptly destroy all materials downloaded or otherwise obtained from the website, as well as all copies of such materials, whether made under the terms of this agreement or otherwise.

If your place of residence is within Europe, Actionproof shall give you a reasonable notice before terminating this agreement.

 

Changes to terms

Subject to applicable law, Actionproof reserves the right to unilaterally modify or update these terms of use at any time by posting the revised terms on the website, being understood that the possible orders you already placed will not be impaired.  Such posting shall constitute notice to you of the revised terms. Use of this website following such changes constitutes agreement to be bound by and to follow the terms of use as modified. Because these terms of use may be modified, we ask you to review these terms of use whenever this website is used and we also encourage you to print out a copy of these terms of use for your records.

 

Website transactions

Where permitted by law, we reserve the right to refuse, limit or cancel any order you place with us.  We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing or shipping address.  In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made.

Site accounts

Users are required to create an account  when they make a purchase through the website. You are entirely responsible for all activities that occur under your account and for maintaining the confidentiality of your username, password and account information. You also agree to promptly notify us via email of any unauthorized use of your username, password, unauthorized account activity, other account information, or any other breach of security that you become aware of involving or relating to the website.  In addition, you agree to take adequate measures to safeguard your information and account, including exiting from your account at the end of each session.

 

Ownership

This website and its design, content  (including its artwork, trademarks, logos, text, graphics, photography, audio clips, video and other content), its design, selection, compilation, and arrangement of elements, as well as other matters related to this website (“content”), unless otherwise indicated, are owned by Actionproof and are protected under applicable laws, including all copyrights, trademark, patents and other  intellectual property laws. Actionproof’s name, logo, product names, product designs and other proprietary rights appearing on this website, unless otherwise noted, are exclusive property of Actionproof. All third-party company names, logos, product names, trademarks and service marks displayed or  otherwise  appearing on the website are the property of their respective owners.

The website (and each element of the content) is intended solely for your personal, non-commercial use.  You may download, store and print selected portions of the content, provided that you : (i) only use the content for the your own personal, non-commercial use; (ii) do not copy or post the content on any network computer or broadcast the content in any media for direct or indirect financial gain; (iii) do not modify or alter the content in any way; and (iv) do not publish, distribute, resell or otherwise transfer or create derivative works  of the content. By way of an example only, you acknowledge that you may not: (i) incorporate any content into any other work (such as your own website) or use content in any public or commercial manner; (ii) copy, modify, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise convert, distribute, frame, republish, upload, display, post, transmit, transfer, license, sell or otherwise exploit content in any form or by any means; (iii) use meta tags or similar hidden text utilizing any name or trademark included in the content; and/or (iv) change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the content.

You acknowledge that no interest, right, or title in any of the content, downloaded or otherwise used, is transferred to the user as a result of any such downloading or use. Actionproof retains full and complete title and reserves all rights in any content downloaded or used in connection with this website.

 

Improper use of this website

Actionproof respects the intellectual property of others, and we ask that you do the same.  It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who may infringe or repeatedly infringe the rights of Actionproof or others.

While using the website or website-related services (including in connection with any customer comments), you agree that you will not, and will not induce any third party to: (i) use the website or any of the information arising from the website (“website information”) in a way that is unlawful, harms Actionproof or any user of website, or otherwise violates the rights of any party; (ii) use the website or any of the website information in a way that could overburden, or impair the website (or the networks or systems connected to the website); (iii) attempt to disable or circumvent any security mechanisms used by the website or website information, or otherwise attempt to gain unauthorized access to any portion or feature of the website or website information or any other systems or networks connected to the website, or to any server, by hacking, password “mining,” or any other illegal means; (iv) use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the website or website information; (v) use any device, software, instrumentality or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the website, or with any other person’s use of the website; (vi) breach any security measures implemented on the website or in the website information (vii) track or seek to trace any information on any other person who visits the website; (viii) use the website or website information for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this agreement or applicable laws, rules or regulations, including, without limitation, laws applicable to the export of software and data; or (ix) always except to the extent permitted by applicable law, copy, modify, create a derivative work or, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to, the website or website information, or otherwise made available to you in connection with the website or website information; or (x) use the website or website information in any manner that otherwise violates these terms of use.

Warranty disclaimer and limitation of liability

Your use of the website is at your sole risk.  All website information is provided on an “as is” and “as is available” basis, without warranties of any kind, express, statutory, implied or otherwise, of any kind.  Your use of the website, including any content or services therein, is entirely at your own discretion and risk, and you assume total responsibility for your use of the website.

Actionproof, on behalf of itself and its parent, subsidiaries, affiliates, licensors, distributors, agents, representatives, authorized customers and third-party service providers, including any resellers, distributors, service providers and suppliers thereof, and any of the foregoing entities’ respective officers, directors, owners, employees, agents, partners, contractors, representatives, successors and assigns (collectively, the “Actionproof parties”): (a) expressly disclaims all representations, warranties and conditions, whether express, implied or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, noninfringement of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of information content, or system integration.  Actionproof does not warrant that the website will be available or operate in an uninterrupted, error-free or completely secure manner or that terrors or defects will be corrected; (b) does not represent or warrant that the website, or any contents or services therein, will be available or operate in an uninterrupted, timely, error-free or completely secure manner, or that errors or defects will be corrected (c) does not represent or warrant that the website or any contents thereof will meet your requirements; and (d) does not make any representations, warranties, or conditions regarding the use or the results of the use of the website, or any content or services therein, in terms of their accuracy, reliability, timeliness, completeness, or otherwise.

Under no circumstances will the Actionproof parties be liable to you or any other person for any damage (including, where permitted under applicable law, for special, indirect, incidental, punitive, exemplary, reliance, or consequential damages) arising out of or relating to this agreement or your use of the site, even if a Actionproof party has been advised of the possibility of such damages.

If, notwithstanding the foregoing, an Actionproof party is found to be liable to you or any other person for any damage or loss arising out of or relating to this agreement or your use of the website, or any content or services therein, the relevant Actionproof party’s total cumulative liability shall in no event exceed the lesser of:  (a) the amount you paid Actionproof for your use of the website, and any content or services therein; and (b) the sum of one hundred (100) us dollars.

Some jurisdictions, including European jurisdictions, may not allow the exclusion or limitation of implied warranties or conditions, or allow limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you, including, without limitation, in case of Actionproof’s fraud or gross negligence.  In such event, Actionproof’s warranties and conditions with respect to the site and services will be limited to the greatest extent permitted by applicable law in such jurisdiction.

Where permitted by law, you and Actionproof agree that any cause of action arising out of or related to the website or any website information must be commenced within one (1) year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

If your place of residence is within Europe, the above mentioned one (1) year term shall not apply to you.

 

Governing law and dispute resolution

If your place of residence is within the United States, these terms of use are governed by and construed and enforced in accordance with the laws of the state of new york, without giving effect to its choice of laws principles you and Actionproof agree that the united nations convention on contracts for the international sale of goods does not apply to the interpretation or construction of these terms of use.

You and Actionproof agree that all claims shall be submitted to the milan (italy) chamber of arbitration and shall be finally settled under the rules of arbitration of the milan chamber of arbitration by 3 (three) arbitrators appointed in accordance with the said rules of arbitration. The parties agree that the arbitrators shall decide according to the laws of the state of new york, that the seat of the arbitration will be milan (italy) and that the language of the arbitration shall be english.

You and Actionproof further agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.  Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.

If your place of residence is within Europe, these terms of use are governed by and construed and enforced in accordance with the laws of italy. In case of any dispute arising in connection with these terms of use, you shall always be entitled to seek any applicable judicial remedy before the court of your place of residence or domicile.

 

Security

You shall not violate or attempt to impair or degrade the security of the website.  Violations of system or network security may result in civil or criminal liability.  Actionproof reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

 

Copyright claims

Where applicable, we respond to notices of alleged infringement as required by the u.s. digital millennium copyright act (“dmca”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through our website, please send your claim or notice of infringement to our designated dmca agent at: [email protected] Please do not send any other correspondence or inquiries to our dmca agent.  Our dmca agent will only respond to notices and inquiries that comply with the requirements of the dmca.  Please see www.copyright.gov for more information.

 

Customer content

The website now or in the future may permit you to submit content such as comments and product reviews (“customer comments”).  Any customer comments you submit may be publicly available to other website visitors.  Actionproof cannot and does not guarantee any confidentiality or security of any customer comments, and does not warrant or verify the accuracy of any customer comments.

You are solely responsible for any customer comments you submit and the consequences of posting or publishing such.  Any material, information or idea submitted or posted on this website by you will be considered non-confidential and non-proprietary.  Actionproof may share or otherwise use your submission for any purpose whatsoever: by submitting or posting the above cited material, information or idea you grant any necessary consent to the maximum extent permitted by applicable law.

With respect to any customer comments you submit, you agree you will not:  (i) submit any content that is copyrighted, protected by trade secret or otherwise subject to any third party intellectual property rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such content and to grant Actionproof all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the website to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of Actionproof, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the website; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law; and (ix) collect or store personal data about other customers.

While we are not obligated to do so, we reserve the right to refuse or remove any customer comments from the website for any or no reason, and we expressly reserve the right to refuse or remove any customer content (1) that we reasonably consider to violate this agreement or to otherwise be illegal or objectionable; and (2) to comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any customer alleged to be using the website in violation of the law.

With respect to all communications you make to Actionproof including, but not limited to, feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Actionproof shall have not obligation to protect your communications from disclosures; (ii) Actionproof shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Actionproof shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

 

Mandatory laws

Actionproof represents and warrants that these terms of use shall not prejudice any additional right or action you may have or be entitled to under mandatory laws of your state of residence. Hence, such mandatory laws shall always apply to you.

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