The website www.hsdusa.com (the “Website”) is managed by HSD S.p.A. (the Administrator”). The Administrator is an Italian company with registered office in via della Meccanica, 16, P.IVA IT01376450415.
Some of the data collected, stored and processed on the Website concern the personal details of the user and his or her ambitions, evaluated based on a specific questionnaire.
The terms and conditions specified here below are applicable to the contents of the entire Website and, together with any page or document to which said terms and conditions can refer, they constitute the terms and conditions based on which the Administrator allows the Website to be used.
Users can only use the Website if they have carefully read and accepted these Terms and Conditions of Use relative to the Website (the “Terms and Conditions”). The use of the Website by the users implies their unconditional acceptance of the Terms and Conditions. Should the user not intend to accept these terms and Conditions, they will not be able to visit the Website.
- Many sections of this Website can be browsed without any need for registration . Instead, other sections do require the User to register. By visiting any section of this Website, the user implicitly accepts and complies with all the terms and conditions of use specified in the Terms and Conditions.
- The Administrator reserves the right to change the terms and conditions of use set forth below at any time, by simply updating this page of legal notices. Therefore, the interested parties are invited to regularly check the most updated version of these Terms and Conditions. Please also note that some of the terms and conditions set forth below could be derogated or superseded by specific provisions reported in other sections of the Website.
2. LICENSING TERMS AND CONDITIONS
- Without prejudice to any different provisions set forth herein or in other sections of the Website, all the copyrights or any other intellectual or industrial property rights or any other right of any kind in any one of the contents or aspects of the Website, belongs to the Administrator or to its licensors. These works are protected by the local laws and international treaties, and the rights to the same are expressly reserved. Any use of the contents of the Website not expressly permitted by these Terms and Conditions is forbidden. In case of breach of any of the Terms and Conditions, the Administrator reserves the right to forbid the alleged perpetrator from accessing the Website and to request that any material printed or downloaded from the Website be immediately returned or destroyed.
- The User is only allowed to print or download certain extracts of the Website for their own personal use, provided that:
- none of the documents or graphic elements in the Website are modified in any way;
- none of the graphic elements of the Website are used separately from the relative reference text;
- the statement of copyright and the declarations regarding the registered mark are attached to every copy of content extracted from the Website, along with the mention of this licence.
- Any digital or paper copy of materials that may have been downloaded or printed from the Website cannot be modified in any way and the images, photographs, video and audio recordings, graphics or other elements linked to the text thereon cannot be used separately from the text and the relative credits (i.e. the certifications of copyrights).
- The position of the Administrator, or of the person(s) indicated by the same as being the author of the material published on the Website must always be acknowledged.
- Without prejudice to the terms set forth in point 2.2., no part of the Website can be reproduced or filed in any other website or included in any information filing and search system or system for the provision of services, without the Administrator's prior written consent.
- Any other rights or authorisations not expressly mentioned herein are expressly reserved.
3. ACCESS TO THE WEBSITE
- The Administrator will do everything reasonably possible, in line with the principle of commercial suitability, to ensure that the Website is always accessible. However, the Administrator will not be held liable if, for whatever reason, the Website is unavailable for certain periods of time.
- Access to the Website can be temporarily suspended, also without prior notice, in case of system errors, the need to provide support or perform maintenance, or for any other reasons beyond the reasonable control of the Administrator.
- The user is personally responsible for implementing and maintaining all the agreements and services that allow them to access the Website.
4. CONDUCT AND MATERIAL BELONGING TO THE USER
- With the exception of any personal data, which will be processed in conformity with the terms specified above, any other material, contents etc. sent or entered on the Website will be deemed non-confidential and non-proprietary. Therefore, the Administrator shall not undertake any obligations with reference to this information and materials and will be considered as authorised to acquire copies of, send, disclose and use said materials, both for sales purposes and for other different purposes.
- The User shall undertake not to enter or send any material to or from the Website:
- that may be intimidating, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, capable of inciting racial hatred, discriminatory or discriminating, threatening, scandalous, provocative, blasphemous, in breach of confidentiality or privacy obligations, or that can be considered as capable of generating damage or disturbance in any way; or
- for which the required licences or approvals have not been obtained; or
- that portrays or encourages behaviours that could be considered forms of crime, that could generate the responsibility of anyone, that may be in any way in conflict with the law, public order or decency or that damage the rights of third parties in any part of the world; or
- that cause damage (including, with no limitations, computer viruses, logic bombs, Trojan horses, worms, defective components, corrupted data of other software with content that is, or could be, damaging).
- The User cannot abuse the Website (including, for example, performing hacking activities).
- The Administrator will actively cooperate with the public authorities responsible for carrying out investigations and will fulfil any orders issued by judges that ask or order the Administrator to reveal the identity of, or to identify the parties sending or entering material that fails to conform as specified above.
5.REGISTRATIONS ON THE WEBSITE
- Each registration on the Website is valid for a single user only. All identifying codes, passwords, usernames or other elements form part of the security systems and of the procedures implemented by the Administrator to protect the system and the data stored on the Website. Therefore, these cannot be revealed to anyone, even if it has been determined that they can, within a group. The Administrator reserves the right to disable the identifying code, password and/or user-name for any user of the Website if, according to the sole discretion of the Administrator, any of these terms and conditions have been breached.
- The User is fully responsible for the confidentiality and use of the password and personally accepts liability for all and any relative risks.
- The User's personal data will be processed in compliance with the notice presented to the same and accepted upon registration.
6. LINKS TO or FROM OTHER WEBSITE
- Links to third party websites on the Website are only proposed with a view to facilitating the User of the Website. When using them, the User leaves the Website. The Administrator has not performed any activities designed to check the websites that are linked from the Website and neither controls or is liable for how said websites are managed, their contents and their availability for use. Therefore the Administrator does not issue any guarantees or declarations about said websites, the material found therein or any results that can be obtained by using them. Should the User decide to access the linked websites from the Website, he or she does so under their own sole responsibility and at their own risk.
- If the User wishes to create their own link to the Website, they can only do so on condition that an effective link to the homepage of the Website is created, and that the contents of the Website are not replicated, providing that:
- the dimensions and characteristics of the HSD mark and its logo are not removed, deformed or altered in any other way;
- no frames are created and/or no other browsers or environments are introduced round the Website;
- the link in question fails to imply, even indirectly, that the Administrator is promoting any third party products or services;
- in doing so, no attempts are made to represent, even surreptitiously, any form of relationship between the Administrator and the User or to convey false, biased or misleading information about the Administrator;
- in doing so, no attempts are made to use any mark or logo reproduced on the Website without the prior express written consent of the Administrator;
- the linked website is not managed by the User;
- the User's website fails to contain any disgusting, offensive or polemical contents or any contents that could damage any intellectual property rights or any other third party rights, or that breach legal provisions, regulations, public order or decency in any other way.
- The Administrator is entitled to revoke the User's right to create a link to the Website at any time, and can implement any other measure that may be deemed necessary or appropriate should even only one of the terms specified in this section be breached.
- The User must indemnify the Administrator and hold them harmless for all and any losses or damages suffered by the latter due to the breach of any of the terms and conditions established in this section.
7. IMPORTANT NOTICES
- The Administrator will make every effort to ensure that the information published on the Website is always correct. However, by doing so, they do not issue any kind of guarantee about the accuracy and integrity of the data present on the Website. The Administrator can make changes to the Website and its contents at any time, or modify the description of the products and/or services and, if applicable, their prices, even without giving any prior notice. The parties understand that the Administrator does not undertake any commitments or obligations to update the material published on the Website.
- Everything that is published on the Website is produced without any guarantee, condition or any other limit. At the same time, and only without prejudice to the mandatory provisions imposed by the law, the Administrator shall allow the User to use the Website on the express condition that it is not subject to any statement, guarantee, condition or other limit. This also includes, with no limitations, implicit guarantees of good quality, of suitability for the intended use, of performance with all reasonable and usual care, skill and forethought or in compliance with the principle of due professional diligence which, with the exception of an exclusions, could have an effect on the contents of this Website).
- The Administrator, or any other party or parties that may have acted on its behalf (regardless of whether the latter was implicated in the creation, production, maintenance or realisation of the Website), any other company in the Administrator's group, or any of their administrators, managers. employees, partners or agents cannot, under any circumstances , be held liable for any amount and type of damage that might be caused to the User or to any third party (including, for example, any direct or indirect damages, emerging damages, loss of profit, damage to goodwill, loss of data, damage covered and not covered by contract, re-valuation, interests or other circumstances deriving from or in any other way connected with the suspension of its business, including damages due to mere omission or negligence, based on responsibilities established pursuant to, or not pursuant to a contract) which derive in any way from the use of the Website or are associated in any way with the use, impossibility of using or the results of the Website, or that depend on any other website linked to the Website or on the material present on those websites. The latter includes, with no limitations whatsoever, losses or damages due to the dissemination of viruses that could infect the User's electronic equipment (pc or other elements), the software, data or other property used by the User to access, use or browse the Website, or used to download materials from the Website or from other websites linked to the latter.
- This limitation of liability shall not supersede the mandatory limits imposed by the law nor will it be valid in cases of gross negligence or wilful misconduct.
9. CONDITIONS FOR THE USE OF THE WEBSITE
- The User undertakes all liability for all costs and responsibilities should the need arise for the same to adapt their hardware, software or other instruments or repair, maintain or correct the same in order to use the services provided by this Website.
10. APPLICABLE LAW
- These terms and conditions are governed by the Italian law.
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