WWW.MCLINO.COM TERMS AND CONDITIONS


Welcome to the website www.mclino.com (the “Site”). The Site is operated by Maria Claudia Lino . You can contact Maria Claudia Lino (the “Operator”) by email to info@mclino.com.


Introduction

These terms and conditions (the “Terms”) govern your use of the Site; by using the Site, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Site.


License to use the Site

Unless otherwise stated, the Operator and/or its licensors own the intellectual property rights in the Site and material on the Site. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or screens from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

The license is to be deemed as personal, limited, non-exclusive and non-transferable license to access and use the Site only as expressly permitted in these Terms.

You must not:

  • republish material from the Site (including republication on another website) unless specifically allowed by the Operator (e.g. through the “Share” function);
  • sell, rent or sub-license material from the Site;
  • show any material from the Site in public;
  • reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose;
  • use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivate works, or in any way exploit or allow others to exploit the Site in whole or in part except as expressly authorized by the Operator;
  • redistribute material from the Site, except for content specifically and expressly made available for redistribution;
  • disassemble the Site, use decoding technique, break or try to break protection codes in the Site.


Acceptable use

You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without the Operator’s express written consent.

You must not use the Site to transmit or send unsolicited commercial communications.

You must not use the Site for any purposes related to marketing without the Operator’s express written consent.

Your use of the Site is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.


User content

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the Site, for whatever purpose.

You grant to the Operator a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the Operator the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or the Operator or a third party (in each case under any applicable law).  

You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

The Operator reserves the right to edit or remove any material submitted to the Site, or stored on the Operator’s servers, or hosted or published upon the Site.

During the use of the Site, the users are not supervised by the Operator. Therefore, the Operator is not responsible of the actions, contents, information or data of the users and/or third parties.

Notwithstanding the Operator’s rights under these Terms in relation to user content, the Operator does not undertake to monitor the submission of such content to, or the publication of such content on, the Site.


No warranties

The Site is provided “as is” without any representations or warranties, express or implied. the Operator makes no representations or warranties in relation to the Site or the information and materials provided on the Site.

Without prejudice to the generality of the foregoing paragraph, the Operator does not warrant that:

  • the Site will be constantly available, or available at all; or
  • the information on the Site is complete, true, accurate or non-misleading.

Nothing on the Site constitutes, or is meant to constitute, advice of any kind.


Limitations of liability

The Operator will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site:

  • to the extent that the Site is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the Operator has been expressly advised of the potential loss.


Exceptions

Nothing in the Site disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the Site disclaimer will exclude or limit the Operator’s liability in respect of any:

  • death or personal injury caused by the Operator’s negligence;
  • fraud or fraudulent misrepresentation on the part of the Operator; or
  • matter which it would be illegal or unlawful for the Operator to exclude or limit, or to attempt or purport to exclude or limit, its liability. 


Reasonableness

By using the Site, you agree that the exclusions and limitations of liability set out in the Site disclaimer are reasonable.  

If you do not think they are reasonable, you must not use the Site.


Other parties

You accept that, as a limited liability entity, the Operator has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Operator’s officers or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Site disclaimer will protect the Operator’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Operator. 


Unenforceable provisions

If any provision of the Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Site disclaimer.


Indemnity

You hereby indemnify the Operator and undertake to keep the Operator indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Operator to a third party in settlement of a claim or dispute on the advice of the Operator’s legal advisers) incurred or suffered by the Operator arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.


Breaches of these Terms

Without prejudice to the Operator’s other rights under these Terms, if you breach these Terms in any way, the Operator may take such action as the Operator deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.


Variation and translation

The Operator may revise these Terms from time-to-time. Revised terms and conditions will apply to the use of the Site from the date of the publication of the revised terms and conditions on the Site. Please check this page regularly to ensure you are familiar with the current version.

The Operator may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with the Operator. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.


Assignment

The Operator may transfer, sub-contract or otherwise deal with the Operator’s rights and/or obligations under these Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.


Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 


Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Operator in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site.


Law and jurisdiction

These Terms will be governed by and construed in accordance with the Italian Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Brindisi, Italy.


Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.









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