LEGAL NOTES
Terms and conditions of the service
- Agreement beetween User and Kell s.r.l.
The present web site is owned and managed by Kell S.r.l. (hereinafter “KELL”). The present web site (hereinafter “Web Site”) and its associated services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Web Site and its associated services constitutes your agreement to all such terms, conditions, and notices.
You agree to familiarise yourself with the present Terms and conditions of the service and other terms and guidelines found throughout the Web Site and abide by them if you choose to use the sites, pages or services to which they apply. - Modification of these terms and conditions
KELL reserves the right to change, at any time and without notice, the terms and conditions under which Web Site and services are offered. You are responsible for regularly reviewing these terms and conditions. Continued use of Web Site or services after any such changes shall constitute your consent to such changes. - Use Limitation
Web Site and services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from through Web Site and service. Signing a proper agreement with KELL is a necessary condition for the Web Site and/or its services commercial exploitation. - Links to third Party Sites
Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of KELL and KELL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. KELL is not responsible for webcasting or any other form of transmission received from any Linked Site. KELL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KELL of the site or any association with its operators. - No Unlawful or Prohibited Use
As a condition of your use of Web Site and its services, you warrant to KELL that you will not use Web Site or its services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Web Site or its associated services in any manner which could damage, disable, overburden, or impair Web Site or interfere with any other party’s use and enjoyment of Web Site or its associated services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Web Site. - Use of Communication Services
Kell s.r.l. Web Site may contain electronic mail postings and/or other message or communication facilities designed to enable you to communicate with KELL community (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. KELL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. KELL reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Kell s.r.l. has no obligation to monitor the Communication Services. However, KELL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KELL sole discretion.
You acknowledge that all Communication Services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or your firm in any Communication Service. KELL does not control or endorse the content, messages or information found in any Communication Service and, therefore, KELL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Forum managers and hosts are not authorised KELL spokespersons, and their views do not necessarily reflect those of KELL.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials. - Copyright Notice and Limitation of Use
Unless otherwise noted, all materials contained in this Web Site are copyrighted and may not be used except as provided in these terms and conditions or in specific copyright notice, when applicable, or other proprietary notice provided with the relevant materials.
Information, document and materials received through this Web Site may be displayed, reformatted and printed for your personal use only. The user agrees not to reproduce, retransmit, distribute, sell, publish broadcast or circulate the information, documents and material received through the web Site, without the written consent of KELL.
Any use of “KELL ” or text or graphic materials contained in this Web Site in any manner to express or imply endorsement, sponsorship, affiliation or association to the user with or by KELL is strictly prohibited.
It is KELL policy to comply with all intellectual property laws and to act expeditiously upon receiving notice of claimed infringement.
All notices of copyright infringement should be sent to:
Kell s.r.l
8, Via E.Q.Visconti
00193 ROME, ITALY
Tel.: (39) 6 36004916
Fax: (39) 6 3216937
e-mail kell@kell.it
- Trademarks
The name and trademarks of copyright holders may NOT be used in advertising, pertaining to the Web Site, its content, specifications, or software without specific, written prior permission. Title to copyright in Web Site documents will at all times remain with copyright holders.
- Software available on Web Site
Software (if any) that is made available to download from Web Site, excluding software that may be made available by end-users through a Communication Service, (“Software”) is the copyrighted work of KELL and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
All Software is owned by Kell s.r.l. and/or its suppliers and are protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties.
- No Warranties
The content of Web Site free services is only for your general information and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by KELL and is not intended to be relied upon by users in making (or refraining from making) any specific decision of any nature (including financial and legal). Appropriate independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on Web Site are at your sole risk and responsibility.
BECAUSE OF THE NUMBER OF SOURCES FROM WHICH KELL OBTAINS CONTENT AND THE NATURE OF ELECTRONIC DISTRIBUTION VIA INTERNET, KELL DOES NOT GIVE ANY WARRANTIES IN RESPECT OF THE SITE, CONTENT, SOFTWARE OR SERVICES AVAILABLE THROUGH THE WEB SITE (COLLECTIVELY, “SITE SERVICES”). IN PARTICULAR, THE SITE SERVICES ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, KELL HERBY DISCLAIMS ALL WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABLILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, LACK OR NEGLIGENCE OR OF WORKMANLIKE EFFORT.
ADDITIONALLY, KELL DOES NOT PROVIDE ANY WARRANTY AGAINST INFRINGEMENT OR OF TITLE OR QUIET ENJOYMENT AND MAKES NO EXPRESS WARRANTIES.
- Advertising and Sponsorship
Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Web Site complies with international and national law. KELL will not be responsible for any error or inaccuracy in the advertising material. - Disclaimer
1. Use of this Web Site is at the User’s sole risk. The User acknowledges and agrees that this site and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided “AS IS” and that KELL makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title, fitness or accuracy for a particular purpose or use. KELL does not warrant that this site is compatible with the User’s equipment or that this site is free of errors or viruses, worms or “Trojan horses” and is not liable for any damage the User may suffer as a result of such destructive features.
2. The User agrees that KELL, its contributors, suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of KELL, its employees, subcontractors, agents, suppliers or otherwise arising in connection with this Web Site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against KELL by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in this Web Site caused by the User’s computer equipment or arising from the use of the Web Site services on such equipment by the User. The content of other web sites, services, goods or advertisements that may be linked to this site is not maintained or controlled by KELL.
KELL is therefore not responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, the Web Site.
3. KELL does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other web sites, services, goods or advertisements that may be linked to the Service. KELL is also not responsible for the reliability or continued availability of the telephone lines and equipment used to access this Web Site.
4. The User understands that KELL and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the present Terms and condition of service. - Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL KELL, ITS SUPPLIERS, CONTRIBUTORS AND ITS THIRD-PARTY AGENTS BE LIABLE TO THE USER FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF A KELL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO ACCESS AND USE THE SITE OR ANY LINKS OR ITEMS ON THE SITE OR ANY PROVISION OF THE TERMS OF SERVICE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL KELL TOTAL LIABILITY TO THE USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE. - Termination/Access Restriction
KELL reserves the right, in its sole discretion, to terminate your access to Web Site and the related services or any portion thereof at any time, without notice. - General
This agreement is governed by the EU Directives and Rules. You hereby consent to the exclusive jurisdiction and venue of courts in Rome (Italy) in all disputes arising out of or relating to the use of Web Site or service. Use of Web Site and service is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KELL as a result of this agreement or use Web Site or service. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.