Terms and Conditions of www.toagency.it
These Terms govern
* the use of this Application and
* any other Agreement or legal relationship with the Owner
in a binding way. Capitalized expressions are defined in the relevant section of this document.
The User is asked to read this document carefully.
The subject responsible for this Application is:
Toa by Marco Leonardi, via Carlo Boucheron, 11 10122 Turin
Owner contact email: email@example.com
To know at a glance
* Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. These limitations are always explicitly mentioned in each affected clause. In case of no mention, the clauses apply to all Users.
Rights to the contents of this Application The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents. Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service. In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring / alienating to third parties or creating works derived from the content available on this Application, to allow third parties to undertake such activities through their User account or device, even without their knowledge. Where expressly indicated on this Application, the User is authorized to download, copy and / or share certain content available on this Application exclusively for personal and non-commercial purposes and on condition that the attribution of the authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Data Controller. The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources Through this Application, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability. The conditions applicable to resources provided by third parties, including those applicable to any concessions of rights to contents, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law. Permitted use This Application and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law. It is the sole responsibility of the User to ensure that the use of this Application and / or the Service does not violate the law, regulations or rights of third parties. Therefore, the Owner reserves the right to take any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, denounce any reprehensible activity carried out through this Application or the Service to the competent authorities – p. es. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that puts in place:
* violations of law, regulations and / or terms; * injury to third party rights; * acts that can considerably prejudice the legitimate interests of the Data Controller; * offenses to the Owner or to a third party. Limitation of Liability and Indemnity Australian users Limitation of liability Nothing in these Terms excludes, limits or modifies any guarantee, condition, indemnity, right or protection that the User may have pursuant to the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and which constitutes a right which cannot in any way be excluded, limited or modified (right cannot be excluded). To the maximum extent permitted by law, our liability to you, including liability for violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the discretion of the Owner, to a new supply of services or to pay the cost of repeating their supply.
USA users Warranty disclaimer This Application is provided strictly in the state in which it is located and according to availability. The use of the Service is at the User’s risk and peril. To the maximum extent permitted by law, the Data Controller expressly excludes conditions, agreements and guarantees of any kind – whether they are expressed, implicit, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose or non-violation of the rights of third parties. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document Notwithstanding the foregoing, the Owner and his subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free from viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s risk and danger and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from this operation or from the use of the Service by the User. The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service connected via hyperlinks. Furthermore, the Data Controller does not participate in or in any way monitor any transaction between Users and third party suppliers of products or services. The Service may become inaccessible or not function properly with the User’s browser, device and / or operating system. The Data Controller cannot be held responsible for any damage, whether perceived or effective, deriving from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may enjoy additional rights which vary from state to state. The limitations and exclusions provided for in this Agreement apply within the limits established by law. Limitation of liability To the maximum extent permitted by applicable law, the Owner and his subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees may under no circumstances be held responsible for * any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage resulting from the loss of profits, goodwill, use, data or other intangible losses, deriving from or related to the use, or the inability to use the Service; is * any damage, loss or injury resulting from hacking, tampering or other access or unauthorized use of the Service or User account or the information contained therein;
* any error, lack or inaccuracy in the contents; * personal injury or material damage, of any nature, resulting from the access or use of the Service by the User; * any unauthorized access to the owner’s security servers and / or any personal information stored there * any interruption or termination of transmissions to or from the Service; * any bugs, viruses, trojans or similar that may be transmitted to or through the Service; * any error or omission in any content or for any loss or damage suffered as a result of the use of any published content, sent via email, transmitted or otherwise made available through the Service; and / or * the defamatory, offensive or illegal conduct of any User or third parties. In no case can the Owner and his subordinates, affiliates, officials, agents, brand owners, partners, suppliers and employees be held responsible for any request for compensation, proceedings, responsibility, obligation, damage, loss or cost for an amount greater than that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies within the maximum limits permitted by law in the applicable jurisdiction, regardless of whether the alleged liability derives from the contract, unlawful act, negligence, strict liability or any other basis, even if the Owner had been advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, therefore the above limitations or exclusions may not apply to the User. These Terms confer specific legal rights on the User and the User may enjoy other rights that vary from jurisdiction to jurisdiction. The exceptions, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits established by applicable law.
indemnity The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, brand owners, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, responsibility, burden o debt and expense, including without limitation legal fees and expenses arising from * the use or access to the Service by the User, including any data or content transmitted or received by the User; * the violation of these Terms by the User, including, but not limited to, any violations by the User of any declaration or guarantee provided by these Terms; * the violation by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property; * the violation by the User of any applicable law, rule or regulation * any content sent from the User’s account, including, by way of example but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User’s username and password or other security measures, if any; * the malicious conduct of the User; or * the violation of any legal provision by the User or its affiliates, officers, agents, brand owners, partners, suppliers and employees, within the limits permitted by applicable law Common provisions No implicit waiver Failure by the Owner to exercise the rights of law or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered definitive in relation to a specific right or any other right. Service interruption To guarantee the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or for any other modification, giving appropriate information to Users. Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law. In addition, the Service may not be available for reasons that are beyond the reasonable control of the Owner, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts etc.).
Changes to the Terms The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate news of the changes to the Users. The changes will affect the relationship with the User only for the future. Continued use of the Service implies acceptance of the User by the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms could result in the right of each party to withdraw from the Agreement. The previous applicable version continues to govern the relationship until the User is accepted. This version can be requested from the Owner. If required by applicable law, the Data Controller will specify the date by which changes to the Terms will take effect. Contract assignment The Owner reserves the right to transfer, assign, dispose of, novate or contract individual or all rights and obligations according to these Terms, having regard for the legitimate interests of the Users. The provisions relating to the modification of these Terms apply. The User is not authorized to assign or transfer their rights and obligations according to the Terms without the written consent of the Owner.
Contacts All communications relating to the use of this Application must be sent to the contact details indicated in this document. Safeguard clause If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective. European users If a provision of these Terms should be or become null, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision replacing the null, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or required by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal framework. Without prejudice to the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail nullity of the entire Agreement, unless the null, invalid or ineffective provisions in the framework of the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would have been invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties. USA users Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and in accordance with the original purpose. These Terms constitute the entire agreement between the User and the Owner with reference to the regulated object and prevail over any other communication, including any previous agreements, between the parties regarding the regulated object. These Terms will be implemented to the fullest extent permitted by law Applicable law The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of the conflict rules. Exception for European Consumers However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails. Jurisdiction The exclusive competence to know any controversy deriving from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relative section of this document. Exception for European Consumers The foregoing does not apply to Users who act as European Consumers or Consumers located in Switzerland, Norway or Iceland.