Evodevo srl
Terms of Service v.2.0
Effective Date: May 12, 2022
0. Introduction
The acceptance of these Terms of Service with Evodevo srl ("Evodevo", "SatiArt", "we" or "our" as the case may be), starting from the Effective Date and as amended from time to time (" Terms "), it is necessary in order to access and use the Evodevo services as enabled by the website www.SatiArt.com and / or by other websites that present these Terms (" Services "), including the functionalities and the Contents (as defined below) made available by the e-commerce site www.SatiArt.com. "SatiArt" is a trademark owned by Evodevo srl.
Use of the website www.SatiArt.com ("Website") is subject to acceptance of these legal terms of use, including our privacy policy. Evodevo reserves the right, at its sole discretion, to modify or update these legal terms of use from time to time with immediate effect and without notice. It is your responsibility to periodically review these legal terms of use for updates.
AFTER READING THESE LEGAL TERMS AND CONDITIONS OF USE, IF FOR ANY REASON YOU DO NOT ACCEPT OR CANNOT COMPLY WITH THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU SHOULD IMMEDIATELY EXIT FROM THIS WEBSITE. OTHERWISE, BY ACCESSING AND USING THIS WEBSITE, YOU ACCEPT THESE TERMS OF USE AND OUR PRIVACY POLICY. RIGHTS ON CONTENT AND INTELLECTUAL PROPERTY
1. RIGHTS ON CONTENT AND INTELLECTUAL PROPERTY
Copyright in all original materials, content, selection and layout of the website (including text, user and visual interface, images, graphics, design, sound, etc. and any software elements and source code) are owned by Evodevo or third party licensees. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any part of this website or create derivative works from this website in any way without the prior written consent of Evodevo.
Any name, logo, trademark, service mark, patent, design, copyright, domain name or other intellectual property that appears on this website is owned or licensed by Evodevo or its affiliates or subsidiaries and may not be used by the user without the prior written consent of Evodevo or its owner. Use of this website does not guarantee any right, title, interest or license in any intellectual property appearing on this website. Any unauthorized use of the content on this website may be subject to civil or criminal penalties.
2. USE OF THIS WEB SITE
Evodevo operates this website for your personal shopping, entertainment, information and education. You can feel free to browse the website. However, any copy (electronic, paper or other format) is prohibited and may violate intellectual property laws and other laws around the world. Any commercial use of all or part of this website is prohibited except on the basis of the express written consent of Evodevo. All rights not expressly granted here are reserved to Evodevo. You may not use any computer program tools, including, without limitation, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automated device, program, algorithm or methodology or any similar equivalent process ("Tools ") to access, acquire, copy or monitor any part of the Site or content, or in any way reproduce or circumvent the navigation or presentation structure of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not made available on purpose through the Site. The tools that use the Website are considered agents of the people who control or create them.
3. NO WARRANTY
EVODEVO DOES NOT REPRESENT THAT THIS WEB SITE OR ANY CONTENT, SERVICE OR FUNCTIONALITY OF THIS WEB SITE IS ERROR-FREE OR PROVIDED WITHOUT INTERRUPTION, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT USE OF THIS WEB SITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE.
Evodevo assumes no responsibility and will not be held responsible for any damage caused by viruses or other forms of contamination or destructive functionality that could affect your computer equipment, software, data or other property due to the its access, use or navigation of the website or the download by the user of any material, text, image, video or audio from the website or any linked website.
4. LIMITATION OF LIABILITY
In no event will Evodevo, its affiliates, subsidiaries or service providers, its licensors or the officers, directors, employees, shareholders or agents of each of them, be held liable for any damages of any kind, including but not limited to , any direct, special, incidental, indirect, exemplary, punitive or consequential damage, including loss of earnings, whether or not we have been informed of the possibility of such damages, or based on assumptions of liability of any kind, deriving from or in connection with the use or performance of your browsing or your links to other websites from this website. By using this website, you acknowledge that your use of this website is at your sole risk. Some laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages - if these apply to you, some or all of the above disclaimers may not apply and you may have additional rights.
5. INDEMNITY
You agree to defend, indemnify and hold Evodevo harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising out of or relating to your use of the Site.
6. ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods and services and to specific portions of the Website's features, including but not limited to sales, licenses, contests, sweepstakes, invitations or other similar features (each "Application") , for each of which all additional terms and conditions form part of these legal conditions of use with this reference. You agree to abide by these terms and conditions of the Application. In the event of a conflict between these Terms of Use and the terms of the Application, the terms of the Application will prevail as they relate to the Application.
7. GENERAL PROVISIONS
7.1 Termination of Service.
We may from time to time modify or interrupt, temporarily or permanently, access to the Services (or any part, feature or functionality thereof). We will not be responsible for any such changes, suspensions or interruptions.
7.2 Account closure.
We reserve the right, in our sole discretion, to remove or reject any User Content or to deny, limit, suspend, terminate or terminate your account, Login Credentials or access to the Services or any part thereof in any moment, with or without notice or explanation, for any reason or without and without liability. We may also terminate your account for cause, including for:
- violation of these Terms;
- abuse of the resources of the Services or any attempt to obtain unauthorized access to the Services;
- use of the Services in a manner inconsistent with the purpose of the Services;
- your request for such termination; And
- the requirements of the applicable law, regulation, court or government agency order.
Our termination of any user's access to the Services may be carried out without notice and, upon such termination, we may immediately deactivate or delete any user's account and Content and / or prevent any further access to the Services. We will not be responsible for the termination of access to the Services.
7.3 Trademarks.
You are not granted any right, title or license to any third party trademark under these Terms, or to any of our trademarks or service marks, except as expressly set forth in these Terms. We reserve all rights, titles and interests in our trademarks, service marks, trade names, domain names and similar identifiers, including Evodevo or SatiArt.
7.5 Applicable law.
These Terms, the Services and the Contents and any dispute relating to or relating to the above (including tort, contractual and privacy, pre-contractual or non-contractual claims) will be governed by Italian law (Italy). The choice of law rules of any jurisdiction, the United Nations Convention on Contracts for the International Sale of Goods and the American Law Institute Principles of Software Contract Law do not apply and neither party will invoke the foregoing in any proceeding between the parties. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, Services or Content, must be filed within one (1) year of such claim or cause of a tion arose, or be forever excluded.
7.6 Dispute Resolution.
Any disputes or claims submitted by you or us arising out of or relating to these Terms, Services or Content (including tort, privacy and contractual, pre-contractual or non-contractual claims, as well as the arbitration of any disputes) will be deferred and definitively resolved by binding arbitration before the International Court of Arbitration in accordance with the Arbitration Rules of the International Chamber of Commerce (“ICC”) in effect at the time of the arbitration except in the event of incompatibility with this section. The arbitration will be conducted by telephone, online and / or based solely on written communications without requiring the presence in person. If an appearance in person is required, these hearings will be held in Rome, Italy. All awards can, if necessary, be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceedings, and all related documents, materials, evidence, judgments and awards contained therein, must be kept confidential. Except as required by law, no party may make any public announcement regarding the procedure or the award, except as required for the execution of the same. You and we agree that by entering into this Agreement, the parties hereby waive the right to a jury trial and agree to make claims only as an individual and not as a plaintiff or class member in any alleged class or representative proceedings. Notwithstanding the foregoing, nothing in this section precludes the right and the ability to present and maintain at any time an action for the recovery of an injunction or provisional measure in any court of competent jurisdiction under the laws applicable to it. All claims (excluding injunctive or equitable relief requests) between the parties must be resolved by arbitration in accordance with this section. If one of the parties brings an action contrary to this section, the other party may recover the expenses and fees of the lawyers, provided that the party requesting the award has notified the other party in writing of the unduly filed application and the the other party has not waived the complaint. All claims (excluding injunctive or equitable relief requests) between the parties must be resolved by arbitration in accordance with this section. If one of the parties brings an action contrary to this section, the other party may recover the expenses and fees of the lawyers, provided that the party requesting the award has notified the other party in writing of the unduly filed application and the the other party has not waived the complaint. All claims (excluding injunctive or equitable relief requests) between the parties must be resolved by arbitration in accordance with this section. If one of the parties brings an action contrary to this section, the other party may recover the expenses and fees of the lawyers, provided that the party requesting the award has notified the other party in writing of the unduly filed application and the the other party has not waived the complaint.
7.7 Assignment.
These Terms cannot be assigned, delegated or transferred by the user, in whole or in part, voluntarily, involuntarily, by merger, consolidation, dissolution, sale of assets or otherwise, without our prior written consent. Any alleged assignment, delegation or transfer without such written consent will be void. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on and will benefit the parties and their respective successors and authorized successors.
7.8 Injunctive relief.
You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Content, may cause us irreparable harm, the extent of which would be difficult to ascertain, and that we will have the right to seek immediate injunctive relief (beyond any other available remedy), in any court of competent jurisdiction under applicable laws.
7.9 Miscellaneous.
The Terms constitute the entire agreement between you and us and govern your use of the Services, replacing any previous agreement. You may be subject to additional terms and conditions that may apply when you use affiliate or third party content or services. If any provision of the Terms is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as set forth in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of any provision of these Terms will be considered a further waiver or continuing waiver or such provision or any other provision, and our failure to enforce any right or provision under these Terms will not constitute a waiver of such right or provision. . Nothing contained herein is to be considered to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend your rights. to third parties.
7.10 Investigations and cooperation with law enforcement agencies.
Evodevo reserves the right to investigate and prosecute any suspected violation of these Terms or the Service. Evodevo may disclose any information as necessary to satisfy any law, regulation, legal procedure or government request.
