Terms and Conditions
The following terms and conditions (hereinafter, the “T&Cs“) govern your use of B-Whise’s Website. We may change these T&Cs from time to time, at any time without notice to you, by posting such changes on the Website.
By accessing and/or using the Website, interacting with the Website, you accept and agree to these T&Cs and to abide by all rules, terms, conditions, restrictions and notices in these T&Cs. If you do not agree to these T&Cs, you may not access or otherwise use the Website. Therefore, B-Whise invite you to consult the latest version available on the Website.
- Proprietary Rights.
B-Whise owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark, patent, database, moral and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on the Website.
You may view the content on the Website on your computer or other internet-compatible device and make single copies or prints of the content on the Website for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior permission of B-Whise or the applicable rights holder.
You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Website. If you make other use of the Website, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the Italian regulation, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. B-Whise will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The trademarks, logos, service marks and trade names (hereinafter, collectively the “Trademarks“) displayed on the Website are registered and/or unregistered Trademarks of B-Whise and others and may not be used without the written permission of B-Whise or the third party that may own the applicable Trademark.
Your misuse of the Trademarks displayed on the Website is strictly prohibited. B-Whise will fully enforce its Trademark rights of the law, including the seeking of criminal prosecution.
- Processing of personal data.
- User Conduct.
You warrant and agree that, while using the Website, you shall not upload, post or transmit to the Website, or distribute or otherwise publish through the Website, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Website, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Website for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Website; or (d) attempt to gain unauthorized access to other computer systems through the Website. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You agree to defend, indemnify and hold B-Whise and its directors, officers, employees, agents or content or service providers (hereinafter, collectively, “Protected Entities“) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these T&Cs. B-Whise reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with B-Whise’s defense of such claim.
- Third Party Websites.
You may be able to link from the Website to third party websites (hereinafter, the “Linked Sites“). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites.
- Disclaimer of warranties.
The site, including, without limitation, all services, content, functions and materials, is provided “as is” [and] “as available”, without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, accuracy, usefulness, or content of information, any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade, and we hereby disclaim any and all such warranties, express or implied.
We do not warrant that the site or the services, content, functions or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the site will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the site shall create any warranty not expressly made herein.
B-Whise also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other harmful components that may infect or harm, your computer equipment or other property on account from your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website.
- Limitation of liability.
In no event shall B-Whise or any of its Protected Entities be liable for any direct, indirect, damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto.
- Applicable Laws.
These T&Cs are governed by Italian law.
- Modifications to the Website.
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.