Terms and Conditions of www.juliotugnoli.com

These Terms govern

• the use of this Website e
• any other Agreement or legal relationship with the Owner

in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is asked to read this document carefully.

This Website is a service of:

Julio Tugnoli –

Owner’s email address: info@juliotugnoli.com

Know at a glance

• Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. These limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.

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TERMS OF USE

Unless otherwise specified, the conditions of use of this Website set out in this section are generally valid.

Further conditions of use or access applicable in particular situations are expressly indicated in this document.

By using this Website the User declares to satisfy the following requirements:

• There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users;

Contents on this Website

Unless otherwise specified or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable legislation or third party rights. However, it is not always possible to achieve this result.
In such cases, without any prejudice to legally exercisable rights and claims, Users are asked to address the relevant complaints to the contact details specified in this document.

Rights to the contents of this Website

The Owner expressly holds and 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 exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, granting sublicenses, transforming, transferring/assigning to third parties or creating works derived from the content available on this Website, to allow third parties to undertake such activities through your User account or device, even without your knowledge.

Where expressly indicated on this Website, the User is authorized to download, copy and/or share certain content available on this Website solely for personal and non-commercial purposes and provided that attribution of authorship of the work is observed as well as the indication of any other relevant circumstances requested by the Owner.

The limitations and exclusions provided for by copyright law remain unchanged.

Access to external resources

Through this Website, 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 granting of rights to content, are determined by the third parties themselves and regulated in the relevant terms and conditions or, in their absence, by law.

Permitted use

This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and pursuant to applicable law.

It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any law, regulation or third party rights.

Therefore, the Owner reserves the right to adopt any appropriate measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any objectionable activity carried out through this Site Web or the Service to the competent authorities – p. e.g. the judicial or administrative authority – whenever the User carries out or is suspected of carrying out:

• violations of laws, regulations and/or the Terms;
• infringement of third party rights;
• acts that may significantly prejudice the legitimate interests of the Data Controller;
• offenses against the Owner or a third party.

Limitation of Liability and Indemnity

Unless otherwise specified or agreed with the Users, the Owner’s liability for damages related to the performance of the Agreement will be excluded, limited and/or reduced to the maximum limits permitted by applicable law.

Indemnity

The User undertakes to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners and employees to the extent of the law from any claim or demand – including, without limitation, legal fees and expenses – made by third parties due to or in connection with conduct in violation of these Terms, third party rights or the law, implemented in connection with the use of the Service and attributable to the User, its affiliates, officers, agents, co-owners of the brand, partners and employees, by way of fault.

The foregoing also applies to any claims asserted by third parties (including, by way of example, the Owner’s customers) against the Owner in relation to the Digital Products provided by the User, such as, for example, claims on conformity.

Limitation of liability for your activities on this Website

Unless otherwise specified and subject to applicable legal provisions, any claim for compensation against the Owner (or any natural or legal person acting on his or her behalf) is excluded.

The foregoing does not limit the Owner’s liability for death, damage to the person or physical or mental integrity, damage resulting from the violation of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or damage caused with willful misconduct or gross negligence, provided that the use of this Website by the User has been appropriate and correct.

Unless the damages were caused with willful misconduct or gross negligence or affect life and/or personal, physical or mental integrity, the Owner is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

Australian users

Limitation of Liability

Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or similar state and territory legislation and which constitutes a right which cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to you, including liability for infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a new provision of the services or to the payment of the cost of repeating their provision.

US users

Disclaimer of Warranty

The Owner provides this Website “as is” and according to availability. Use of the Service is at the User’s own risk. To the maximum limits permitted by law, the Owner expressly excludes conditions, agreements and guarantees of any kind – be they express, implicit, statutory or otherwise, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create any guarantee not expressly provided for herein

Without limiting the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you are solely responsible for any damage to your computer system or mobile device or loss of data that results from doing so. or your use of the Service.

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 linked via hyperlink. Furthermore, the Owner does not take part in or in any way monitor any transaction between Users and third-party suppliers of products or services.

The Service may become inaccessible or may not function properly with your browser, device and/or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, arising 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 have additional rights that vary from state to state. The limitations and exclusions set forth in this Agreement apply to the extent permitted by law.

Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances will the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for

• any indirect, intentional, collateral, special, consequential or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use, or inability to use the Service; And
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or information contained therein;
• any errors, omissions or inaccuracies in the contents;
• personal injury or property damage, of any nature, resulting from your access to or use of the Service;
• any unauthorized access to the Owner’s security servers and/or to any personal information stored therein
• any interruption or cessation of transmissions to or from the Service;
• any bugs, viruses, Trojan horses or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service; and/or
• the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding 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 limitation of liability section applies to the fullest extent permitted by law in the applicable jurisdiction, whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damage occurring.

Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to You. These Terms give you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability set out in these Terms do not apply to the extent permitted by applicable law.

Indemnity

The User agrees to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or demand, damage, obligation, loss, liability, burden or debt and expenses, including, without limitation, legal fees and expenses arising from

• Your use of or access to the Service, including any data or content transmitted or received by You;
• your violation of these Terms, including, but not limited to, any breach by you of any representation or warranty set forth in these Terms;
• your violation of any third party rights, including, but not limited to, any privacy or intellectual property rights;
• your violation of any applicable laws, rules or regulations
• any content submitted from your account, including, but not limited to, misleading, false, or inaccurate information, including when accessed by a third party using your personal username, password, or other measures security, if present;
• the User’s malicious conduct; or
• your violation of any legal provisions by you or your affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law

Common provisions

No implied waiver

Failure by the Owner to exercise legal rights or claims arising from these Terms does not constitute a waiver thereof. No waiver may be considered final with respect 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 any other modification, giving appropriate notice to the Users.

Within the limits of the law, the Owner reserves the right to suspend or completely cease the activity of the Service. In the event of termination of the activity of the Service, the Owner will ensure that Users can extract their Personal Data and information and will respect the rights of Users relating to the continued use of the product and/or compensation, according to the provisions of the law. .

Furthermore, the Service may not be available due to reasons beyond the reasonable control of the Owner, such as causes of force majeure (e.g. infrastructural malfunctions, blackouts, etc.).

Resale of the Service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of Personal Data is contained in the privacy policy of this Website.

Intellectual property

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as for example copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected pursuant to the legislation and international treaties applicable to intellectual property.

All trademarks – verbal or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the regulations and international treaties applicable to intellectual property.

Changes to the Terms

The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.

The changes will take effect in the relationship with the User only from the moment communicated to the User.

Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not want to accept the changes, you must stop using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. This version can be requested from the Owner.

If required by law, the Owner will communicate to Users in advance the date of entry into force of the modified Terms.

Assignment of the contract

The Owner reserves the right to transfer, assign, dispose of, novate or subcontract individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.

The modification provisions of these Terms apply.

The User is not authorized to assign or transfer his rights and obligations under the Terms without the written consent of the Owner.

Contacts

All communications relating to the use of this Website must be sent to the contact details indicated in this document.

Safeguard clause

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause ineffectiveness of the remaining provisions, which therefore remain valid and effective.

US users

Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the regulated subject matter and prevail over any other communications, including any previous agreements, between the parties regarding the regulated subject matter.
These Terms will be enforced to the fullest extent permitted by law.

European users

Should a provision of these Terms be or become void, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective one.
In case of failure to agree within the aforementioned terms, if permitted or required by applicable law, the void, invalid or ineffective provision will be replaced by the applicable legal framework.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not result in the entire Agreement being void, unless the void, invalid or unenforceable provisions under 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 be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.

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 conflict of law rules.

Prevalence of national law

However, notwithstanding the foregoing, if the law of the country in which you are located provides a higher level of consumer protection, that higher level of protection shall prevail.

Exception for Consumers in Switzerland

If the User acts as a Consumer in Switzerland, Swiss law will apply.

Exception for Consumers in Brazil

If the User qualifies as a Brazilian Consumer and the product and/or service is sold in Brazil, Brazilian legislation will apply.

Competent forum

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms lies with the judge of the place where the Owner is established, as indicated in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

Exception for Consumers in Brazil

The above does not apply to Users in Brazil who qualify as Consumers.

Definitions and legal references

This Website (or this Application)

The structure that allows the provision of the Service.

Agreement

Any legally binding or contractual relationship between the Owner and the User governed by the Terms.

Brazilian (or Brazil)

It applies when the User, regardless of nationality, is located in Brazil.

Commercial User

Any User who does not meet the definition of Consumer.

Digital Product

It is a Product that consists of:

• content produced and delivered in digital format; and/or
• a service that allows the creation, transformation, storage or access of data in digital format, or the sharing or any other interaction with data in digital format uploaded or created by the User and any other User of this Website.

European (or Europe)

It applies when the User, regardless of nationality, is located in the European Union.

Owner (or We)

Indicates the natural or legal person who provides this Website and/or offers the Service to Users.

Service

The service offered through this Website as described in the Terms and on this Website.

Terms

All conditions applicable to the use of this Website and/or the provision of the Service as described in this document as well as in any other document or agreement linked to it, in the most updated version respectively.

User (or You)

Means any natural person who uses this Website.

Consumer

Any User considered as such pursuant to applicable law is considered a Consumer.

Last modified: April 10, 2024