Terms and Use of the Site
Please read the provisions below carefully before accessing the store.poloclubstmartin.com website (the "Site") or any pages thereof. Accessing and browsing the Site implies acceptance of the provisions indicated below. If you do not intend to accept the contents of these provisions, we invite you to leave the Site immediately.
These terms and conditions of use of the Site ("Terms of Use") regulate your use of the Site. The Site is the property of AGB Company SpA - Via Melitiello 5, 80025 Casandrino (NA) registered at the Naples Chamber of Commerce at no. 609258 of the Company Register, tax code no. 03545881215, VAT number no. 03545881215. Telephone number: +39.081.8335448, fax: 39.0813951987, email:agb@agbcompany.com, which manages the site store.poloclubstmartin.com ; , “we”, “our”. “ci”) and is managed by the latter as the company responsible for the management and operation of the Site and responsible for the processing of personal data.
1) PURPOSES AND FUNCTIONALITY OF THE SITE
We use the Site to promote, sell and provide information on Polo Club St. Martin products and collections. Within specific sections of our Site, additional functions are provided, such as the possibility for users to register on the Site by activating a personal account by entering their data, in order to access reserved areas and contents, be included in specific mailing lists to receive newsletters relating to the products and initiatives of AGB Company SpA, participate in promotional initiatives, create personalized lists of favorite products and make the online purchase of Polo Club St. Martin products or for other purposes.
2) PRODUCTS AND SERVICES; DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Information on products and services is for descriptive or promotional purposes only.
Even if PoloClubSt.Martin undertakes within reasonable terms to ensure that the information available on the Site is accurate and constantly updated, AGB Company SpA does not recognize any guarantee of correctness, completeness, accuracy or currency of the information present on the Site, including for example the descriptions of the products, services, prices and/or availability indications that are present on the Site. We have used our best efforts to ensure that the appearance, and in particular the colors, of our products present on the Site are displayed in the as realistic as possible. However, the appearance and colors you actually see depend on your computer settings and AGB Company SpA cannot guarantee that your computer will display our colors correctly. The fact that certain products or services are included on the Site does not imply any guarantee as to the possibility of being able to use such services or to be able to purchase such products through the Site at a specific time and/or regarding their availability in that circumstance. From time to time, we may modify or remove, temporarily or permanently, some of the products and/or services, and related features and specifications, that are displayed or made available through the Site, as well as change the prices of such products or services, including without giving you any notice that such changes will be made.
To the maximum extent permitted by applicable law, AGB Company SpA will in no case be liable to you or to third parties for any damage or loss arising from the use of the Site and/or the contents of AGB Company SpA or any information contained in the Site or the products marketed through it. AGB Company SpA also declines all responsibility for any indirect damage, whatever the cause, origin, nature and consequences, including, by way of example, costs incurred or any other loss of intangible assets resulting from the use of the Site or the inability to use it or the reliance placed on the information made directly or indirectly available on the Site. In any case, no provision of the Terms of Use excludes or limits the liability of AGB Company SpA towards you in the event of willful misconduct or gross negligence or for any other liability which under applicable law cannot be excluded or limited. By using the Site, you agree that if you have any dissatisfaction with the Site, any part thereof, or any products or services provided through it, or with any provision of these Terms of Use, your sole and exclusive remedy is consists in ceasing use of the Site. AGB Company SpA declines all liability relating to acts, omissions and conduct of third parties in connection with your use of the Site, including, by way of example merely, any liability relating to contents, information , third-party statements made available on or through the Site, including under criminal or civil defamation, intellectual property infringement, privacy, obscenity or other applicable law. Finally, you agree to indemnify and hold harmless AGB Company SpA from any possible legal action, demand, claim by third parties and related damages and expenses, including legal ones (including reasonable attorneys' fees), originating from or connected to your use in any way irregular and/or illicit of the Site and/or the Contents of AGB Company SpA.
3) CONTENTS OF Polo Club St.Martin
All right, title and interest in and to the Site and any portion of its content, including, for example, the software, HTML code, other computer code contained in the back-end and front-end components of the Site, the front-end visual interface user of the Site, the parts of text, graphics, scripts, works of art, photographs, images, drawings, texts, slogans, as well as all audiovisual materials and other materials that constitute in any way part of the Site (collectively, the “AGB Company SpA Contents”) are the property of AGB Company SpA and/or, possibly, of the licensors of AGB Company SpA. All Contents of are protected by national laws for the protection of intellectual property, including such as copyright, patent, trademark and other international laws and treaties regarding intellectual property rights.
The use of the aforementioned intellectual property is permitted only for personal and informational purposes. It is prohibited to copy, download, distribute, modify, create derivative works or extracts, publish or otherwise use or exploit said material without the prior written consent of AGB Company SpA or, as the case may be, of another owner of the relevant rights, or unless that such activities are not expressly permitted by notice or instructions on the Site itself. However, the reproduction of the intellectual property present on the Site for the purpose of sale, distribution for commercial purposes, insertion or posting on other unauthorized sites is prohibited. Violation of the rules protecting intellectual property can expose the offender to civil and criminal liability.
4) BRANDS OF AGB Company SpA
All trademarks, whether registered or not and/or possibly in the process of being registered, in Italy and around the world, the commercial names, logos, brands and names of the products and services used, displayed and in any case included in the Site are the exclusive property of AGB Company SpA or of their respective parent or subsidiary companies (“AGB Company SpA Trademarks”). These Terms of Use do not confer any right or faculty to use the AGB Company SpA Trademarks and we remind you that any use of the AGB Company SpA Trademarks by you, without prior written consent, is strictly prohibited.
AGB Company SpA reserves the right to take any legal action to protect its rights in the event of abusive use.
5) USER CONTENT
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, photograph and more generally materials of any kind sent to the Site or to AGB Company SpA with reference to this Site or the use of the same, including all portions and specific sections thereof (collectively, “User Content”) will be deemed non-confidential and non-proprietary. We reserve the right to use such User Content without restriction, such as by storing, archiving, copying, reproducing, publishing, disseminating, distributing, displaying, modifying, translating, incorporating it into other materials, and commercially exploiting it in any way. AGB Company SpA will have the unrestricted right to use ideas, concepts, know-how or techniques, received from AGB Company SpA as User Content, for any purpose, for example to develop, produce and market products based on such elements, without this giving rise to any right for the user who sent, created and/or created such User Content to receive any compensation. In consideration of the foregoing, AGB Company SpA therefore invites you not to send us through the Site any content, element or information that may fall within the aforementioned categories and that you consider confidential or your property.
6) THIRD PARTY CONTENT
The Site may include, use or display content created by third parties, information obtained from public sources and/or links to external sites or web pages operated by third parties (“Third Party Content”). AGB Company SpA does not exercise any control or monitoring over Third Party Content and therefore assumes no responsibility for the accuracy, safety or reliability of Third Party Content and cannot guarantee, and does not guarantee, that such Third Party Content is free of viruses or other features capable of damaging user data and/or property. Any links or references to Third Party Content linked to the Site do not represent nor may they be interpreted in any way as an approval by AGB Company SpA of the Third Party Content which is the subject of the related link or reference. Access to any Third Party Content is done at your own risk and AGB Company SpA declines all liability towards you with respect to any loss or damage you may incur (including for example any loss or damage to your IT equipment, hardware or to your computer software) arising out of or in connection with your access to, use of, or reliance on any Third Party Content or which is caused by or in connection with any purchase of products or services made available on the Third Party Content. In case of access, in any form or manner and for any purpose, to such Third Party Content, AGB Company SpA invites you to immediately read the terms and conditions of use regulating their use.
7) GUARANTEES
You acknowledge and agree that your use of the Site is at your sole risk and that you assume full and exclusive responsibility for your use of the Site and Third Party Content. AGB Company SpA takes all necessary measures to reduce as much as reasonably possible the risk that the Site and Contents contain viruses and defects. However, AGB Company SpA cannot guarantee that, when you access or use the Site and/or the Contents, your IT equipment, your computer hardware or software, and the data generated or stored by your your computer equipment, hardware or software will not be damaged, lost or otherwise adversely affected. You are responsible for preparing the technological, IT and telecommunications means necessary to access the Site, as well as acquiring the skills necessary to access the Site and the AGB Company SpA Contents and use them, and to bear the related costs and expenses. Furthermore, AGB Company SpA disclaims any guarantee that the Site, including related AGB Company SpA Content, services and functionality, will be uninterrupted, that any defects found therein will be corrected or that your use of the Site will produce any specific result. The Site and Contents of AGB Company SpA are provided as they are and as available. In addition to the foregoing, AGB Company SpA does not recognize any guarantee, express or implied, including any guarantee of accuracy, completeness, non-infringement of third party rights, merchantability or suitability for a particular purpose.
8) YOUR USE OF THE SITE
You are permitted to use the Site and the Polo Club St.Martin Contents exclusively for personal use, not having any commercial purpose and which in any case fully complies with the Terms of Use and all applicable laws.
You acknowledge and agree that you may not, and may not, permit any third party to, or assist any third party to:
(a) copy, reproduce, publish, transmit, distribute, upload, publicly display, encode, translate, modify the Site or the Polo Club St.Martin Contents, create derivative works from the Site or the Polo Club St.Martin Contents, sell , license or otherwise distribute, in whole or in part, the Site or the Polo Club St.Martin Contents, for example through mirroring, framing or linking mechanisms that refer in any way to computers, servers, third party sites;
(b) access or use the Site or the Polo Club St.Martin Contents for any commercial purpose, including any advertising or revenue generating activity of an advertising nature on your and/or third party sites, platforms or electronic spaces;
(c) use any automatic or manual process to access, acquire, consult, copy, query or monitor the Site, the Polo Club St.Martin Contents or parts thereof, and/or to reproduce in any way the structure or aspect of the Site or the Polo Club St.Martin Contents and/or to circumvent any copy protection device, to gain possession or attempt to gain possession of any material, document or information made available not for this purpose on Site, such as deep-linking, page-scraping, robots, or spider mechanisms;
(d) access or attempt to access any portion, section or feature of the Site, as well as any other systems or networks connected to the Site or to any & Blaine server to which you are not permitted access, through hacking, password mining or any other illicit technology or means;
(e) scan or test the vulnerability of the Site or any other computer or computer network connected to the Site;
(f) violate the protection, security or authentication measures on the Site;
(g) engage in reverse look-up, tracking or attempted tracking of any information relating to other users, visitors to the Site or any other customer, or similar activities;
(h) exploit or use the Site, the Polo Club St.Martin Content, or any service or information made available or offered by or through the Site for any unlawful purpose or purpose not permitted by these Terms of Use and encourage any third party to any illicit activity in progress and/or which violates the rights of Polo Club St.Martin or third parties;
(i) carry out any activity that places an unreasonable or disproportionately large load on the infrastructure of the Site or any system or network connected to the Site.
(l) use any device, software, mechanism or other technology to interfere or attempt to interfere with the proper working of the Site, with any operation that the Site is carrying out or with the use of the Site by any person.
AGB Company SpA reserves the right to terminate or suspend your access to or use of the Site, without notice, if (I) we reasonably believe that you have violated the Terms of Use or (II) we deem such action necessary for security reasons.
9) CHANGES TO THE TERMS OF USE
AGB Company SpA reserves the right to modify, revise, add or eliminate part of the Terms of Use by updating this document, at any time and without notice. We therefore invite you to periodically review the Terms of Use. If you do not agree to any such changes you must stop accessing or using the Site; using the Site after the publication of the changes represents your acceptance of the changes.