Legal
 

This website (the “Site”) is maintained, owned and operated by Kellify S.p.A. (“Kellify S.p.A.”) and is accessed by you under the Terms of Use (“Terms of Use”) described below. These terms and conditions of use (“Terms of Use”) set forth the terms on which you may use the Site, available at kellify.com, and the information and materials contained therein (the “Contents”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. By using and accessing the Site and the Contents, you agree to these Terms of Use. If you do not agree to these Terms of Use, you are not authorised to use the Site or the Contents or any services in any manner, and you should immediately discontinue any use of the Site or the Contents. Kellify S.p.A.’s acceptance is expressly conditioned upon your assent to all of these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by Kellify S.p.A., acceptance is expressly limited to these terms.

Kellify S.p.A. shall have the right at any time to modify or discontinue or replace any aspect of the Site or any part of the Contents. Kellify S.p.A. may also modify these Terms of Use without notice. You are responsible for reviewing and becoming familiar with any such modifications. You agree to monitor these Terms of Use, and to cease all access or use of the Site if you no longer agree to abide by the Terms of Use. Your continued use of the Site shall constitute acceptance of such modification.

Kellify S.p.A. grants to you a limited, personal license to access the Site and to access and download the Contents, but only for your own use. You may not use, reproduce, distribute or display any portion of the Site for any other purpose, including, without limitation, any commercial purpose.

Except for a single temporary copy in a single computer’s memory or another fair use under applicable copyright laws, the information contained herein may not otherwise be used (not copied, performed, distributed, rented, sublicensed, altered, stored for subsequent use, etc., in whole or in part, in any manner) without Kellify S.p.A.’s express prior written consent. You may use the Site and the Contents for lawful purposes only. Kellify S.p.A. reserves all rights not expressly granted herein, including the right to terminate your use of the Site without notice.

Investing in securities carries certain risks, and Kellify S.p.A. shall not be responsible for any investment losses incurred in reliance on information provided on the Site. Advice from your own financial advisor is strongly recommended. The information and design of the Site are owned by Kellify S.p.A. and/or its service providers.

The Site and the Contents are provided on an “as is” basis. Kellify S.p.A. and any other providers of the information expressly disclaim all warranties of any kind, express or implied, including, without limitation, any warranty of accuracy, merchantability, fitness for a particular purpose, or non-infringement. Although the information provided to you on the Site is obtained or compiled from sources we believe to be reliable, Kellify S.p.A. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you or otherwise used on the Site for any particular purpose. Diligent care has been taken in acquiring and providing the information included and posted on the Site. Nonetheless, Addepar makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER ADDEPAR NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ADDEPAR, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. ADDEPAR IS NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL ADDEPAR OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ADDEPAR OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

The Site contains copyrighted material, trademarks and service marks, and other proprietary information, including, but not limited to, text, software and graphics, the “look and feel”of the Site, its color, combinations, layout, that are owned by Kellify S.p.A. which reserves all rights in the Contents, and/or by third parties. You should assume that everything you read and/or see on the Site is copyrighted or otherwise protected and owned by Kellify S.p.A. You agree not to reproduce, distribute, sell, broadcast, publish, publicly display, retransmit, disseminate, circulate, create derivative works from, or commercially exploit the Site or the Contents without the express written consent of Kellify S.p.A. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark, or other notices that are included in connection with the Site.

You agree to access the Contents and the Site manually, by request, and not automatically, through the use of a program, or by other means. You agree not to take any action, alone or with others, that would interfere with the operation or security of the Site, to alter the Site in any way, or to impede others’ access to and freedom to enjoy and use the Site as made available by Kellify S.p.A.

Kellify S.p.A. is entitled to collect information you provided voluntarily, such as contact details, user credentials, and employment information. For instance, this can be by way of filling in the on-line form when you register to use our products and services, when you register to attend an event, when you provide us with your business card information or when you request to receive information from us. The type of information we ask you to provide include: billing information, contact details (including name, surname, telephone numbers, email address and postal address, company name, company number and company address), user credentials (including name, surname, telephone numbers, email address and postal address, company name, company number and company address and personal information you provide to us in a profile), employer and employment information (such as job title, function, seniority, department, and the address/country/city of your office). If you become aware of any unauthorized use of your Account or any other breach of security, please immediately notify us via email to we@kellify.com.

Kellify S.p.A. is not responsible for information on any third-party web site that is referred in, or accessible or connected by hyperlink to, the Site. If you access any third-party web site through the Site, or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third-party endorsement of, sponsorship by or affiliation with us.

Please be aware that if you disclose personal information on website message boards or chat areas, that information may be collected and used by third parties without our knowledge and may result in unsolicited communications from third parties. Such activities are beyond the control of Kellify S.p.A.

Neither Kellify S.p.A. nor any of its members’ respective affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure, malfunction or interruption of the Site or any portion of it, or resulting from the act or omission of any other party involved in making the Site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the Site or the Contents, whether or not the circumstances giving rise to such cause may have been within the control of Kellify S.p.A. or of any vendor providing software or services support. Neither Kellify S.p.A. nor any of its members’ respective affiliates, shareholders, officers, employees, agents or representatives shall be liable for any indirect, incidental, exemplary, punitive, special or consequential damages arising out of or relating to the Site, the use of or inability to use the Site, or the Contents, even if such party has been advised of the possibility of such damages. In particular, Kellify S.p.A. will not be liable for any loss or damage caused by your reliance on information obtained through the Site.

You will indemnify and hold harmless Kellify S.p.A., its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys fees and cost) from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.

Kellify S.p.A. does not object to links on third-party sites to the homepage of the Site in an appropriate context. However, “framing” or “mirroring” the Site or any of its content is prohibited without the prior written consent of Kellify S.p.A.. The Site may provide links to other sites or resources available on the Internet. Because Kellify S.p.A.has no control over such sites and resources, you acknowledge and agree that Kellify S.p.A.is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kellify S.p.A.shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Kellify S.p.A., graphics, logos, designs, page headers, button icons, scripts, and other service names are the trademarks and trade names of Kellify S.p.A. Kellify S.p.A.’s trademarks and trade names may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

We use reasonable security measures and take reasonable system, process and administrative precautions to protect the security and integrity of email and other electronic communications that you may send to us. Despite all these precautions, no method of transmission over the Internet is entirely secure and we cannot guarantee the confidentiality or security of the electronic communications or its contents. You transmit such information at your own risk and you should decide very carefully which information you want to send us via any electronic communication.

Users are prohibited from violating or attempting to violate the security of the site. Kellify S.p.A. will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.

The Terms of Use constitutes the entire agreement between users of the Site and Kellify S.p.A., and regarding the subject matter hereof. If you breach any term of the Terms of Use, Kellify S.p.A. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Kellify S.p.A.’s remedies are cumulative and not exclusive. Failure of Kellify S.p.A.to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. Users of this Site are responsible for compliance with all applicable regulations and laws. Use of the Site shall be governed by and construed in accordance with the laws of Italy. Any dispute arising out of the Terms of Use shall be governed by the laws of Italy, notwithstanding any conflicts of law principles. Any action relating to the Terms of Use must be filed and maintained in a court in the city of Genova, Italy, and users consent to exclusive jurisdiction and venue in such courts for such purpose.