This policy is valid from 1st July, 2015
Use of: http://www.be-sparkling.com , here mentioned as “Be-Sparkling”
Terms and Conditions of Use
Access to and use of “Be-Sparkling” are regulated by these General Terms and Conditions of Use. Access to said sites and their use, like the purchase of products presented there, presuppose the reading, awareness and acceptance of these General Terms and Conditions of Use.
1. Modifications to the Terms and Conditions of Use
The Owner may modify or simply update, in whole or in part, these General Terms and Conditions of Use. The modifications and updates of the General Terms and Conditions of Use will be communicated to the Home Page users as soon as they have been made and will be binding from the moment of publishing on the website in the above-mentioned section. Access to and use of the site presuppose acceptance by the user of these Terms and Conditions of Use.
2. Responsibility for use of the site
- Access to and use of “Be-Sparkling“, including viewing the web pages, communication with the Owner, the possibility of downloading information regarding the products and the purchase of the same on the website, constitute activities undertaken by the user exclusively for personal use unconnected to any commercial, business or professional activity. The user is personally responsible for his use of “Be-Sparkling” and the relative contents. The Owner in fact cannot be held responsible for any unlawful use of the site and the contents by any of its users, notwithstanding responsibility for fraud and gross negligence. In particular, the user will be exclusively responsible for communicating incorrect or false information and data, or data regarding third parties who have not given their express consent, or incorrect use of the same.
- All material downloaded or otherwise obtained through use of the service is at the user’s choice and risk; moreover all responsibility for any damage to computer systems or loss of data resulting from downloading fall to the user and the Owner will be indemnified. The Owner declines all responsibility for any damage arising from inaccessibility of the services on the site or any damage caused by virus, damaged files, errors, omissions, service interruptions, cancellations of the contents, problems connected to the network, to the providers or telephonic and/or telematic connections, unauthorised access, alteration of data, lost and/or faulty functioning of the electronic equipment of the user himself.
- The user is responsible for the safe-guarding and correct use of his own personal information, including those credentials that allow access to the restricted services, as well as any damaging consequence or detriment that may arise due to the Owner or third parties following incorrect use of or loss or removal of said information.
4. Intellectual property rights
- The contents of “Be-Sparkling”, for example all works, images, photos, dialogues, music, sounds and videos, documents, designs, figures, logos and all other material, in any format, published on “Be-Sparkling”, including the menus, web pages, graphics, colours, patterns, tools, characters and design of the website, diagrams, layouts, methods, processes, functions and software that make up “Be-Sparkling”, are protected by copyright and by all other intellectual property rights of the Owner and other owners of the rights. All reproduction, in whole or in part, in any form, of “Be-Sparkling” of its contents, without prior written permission by the Owner is forbidden. The Owner has the exclusive right to authorise or forbid direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of “Be-Sparkling” and its contents
- Regarding use of “Be-Sparkling“, the user is solely authorised to view the website and its contents and to exclusively carry out any temporary reproduction, free of economic profit, that is considered transitory or accessory, or an integral and essential part of viewing “Be-Sparkling” and their contents and all other navigation operations on the website that may only be carried out for a legitimate use of the afore-mentioned sites and their contents.
- The user is not authorised to reproduce, on any support form, in whole or in part, “Be-Sparkling” and their contents. Any reproduction must be, each time, authorised by the Owner or, if necessary, the authors of the individual works contained in the website. Said reproduction must in any case be carried out for lawful reasons and within respect of the copyright and the other intellectual property rights of the Owner and the authors of the individual works contained in the website. The authors of the individual works published on “Be-Sparkling” have the right, in any moment, to claim ownership of their works and to oppose any deformation, mutilation or other modification of the same works including any damage made to the works, which may prejudice their honour or reputation.
- The user undertakes to respect the copyright of those who publish their works on “Be-Sparkling” or who collaborate in any way with “Be-Sparkling” in the creation of any expressive or artistic form destined for publication, even those not exclusively for the website or that do not form an integral part of it.
- Furthermore, the user is not, in any case, authorised to use, in any way or form, the contents of the website or any individual work protected by copyright or any other intellectual property right.
- The Owner has adopted all measures to prevent publication in the website of any contents that describe or represent scenes or situations of physical or psychological violence or anything that, according to the sensitivity of the users of “Be-Sparkling” may be considered harmful to civil convictions, human rights and dignity, in all its forms and expressions.
- In any case the Owner does not guarantee that the websites contents are appropriate or lawful in other countries, outside of Italy. Moreover, should said contents be considered unlawful or illegal in some other countries, access to the “Be-Sparkling” websites is not advised and should the user decide to enter despite this, any use he makes of the supplied services will be his exclusive and personal responsibility.
- Furthermore, the Owner has adopted every possible precaution in order to guarantee his customers that the contents of “Be-Sparkling” are accurate and do not contain incorrect or out of date information, with respect to their date of publication on the website and, as far as possible, also subsequently. Moreover the Owner does not accept any responsibility to the users for the accuracy and completeness of the contents published on “Be-Sparkling”, notwithstanding the responsibility for fraud and gross negligence and notwithstanding that otherwise provided for by law.
- The Owner, furthermore, cannot guarantee the users that the website works in continuation, without interruption and without error or malfunction caused by the Internet connection. For any problem found while using the website, please contact Be-Sparkling at the following email address: firstname.lastname@example.org
- A technician will be available to supply assistance and restore the function of access to the website, wherever possible. Likewise, we advise you to contact the Internet service provider or that you verify the correct activation of all systems for Internet connection and access to web contents, including the Internet browser. Though the Owner will do everything possible to ensure continual access to his website, the dynamic nature of the Internet and its contents may cause suspension, interruption or discontinuity in “Be-Sparkling” caused by the necessity to update the website. The Owner has adopted technical and organisational measures aimed at safeguarding the security of the services on “Be-Sparkling”, the integrity of the data regarding traffic and electronic communications in regards to unauthorised forms of use or knowledge as well as to avoid the risk of leaking, destruction and loss of data and information, both private and public, relating to their users, present on the “Be-Sparkling” websites or rather of unauthorised or unlawful access, or of the data and information itself.
Applicable law and settling disputes
These General Terms and Conditions of Use are controlled by Italian law. In the event of dispute arising from the General Terms and Conditions of Use between the Owner and any of his final users, the Owner hereby guarantees full adhesion to and acceptance of the RisolviOnline conciliation service.
RisolviOnline is an independent and institutional service, offered by the Arbitral Chamber of the Chambers of Commerce of Milan, which allows a satisfying agreement to be reached with the help of a neutral and competent conciliator and in a friendly and safe way, through the internet. For further information on Risolvionline.com regulations or to send a conciliation request go to RisolviOnline.com.