Terms and conditions of use
These Terms and Conditions of Use ("Terms of Use") apply to the Audio Effetti S.r.l. website, accessible at pay.audioeffetti.com, as well as to all websites managed by Audio Effetti S.r.l. The Website is owned by Audio Effetti S.r.l. Use of the Website and the services it offers constitutes acceptance of these Terms of Use; if you do not accept them, please do not use the website.
Audio Effetti S.r.l. reserves the right to make changes, updates, additions or removals to these Terms of Use at its sole discretion and at any time. Please check these Terms of Use periodically for any changes. Continued use of the Website after publication of any changes will constitute acceptance thereof. Provided that you comply with these Terms of Use, Audio Effetti S.r.l. grants a personal, non-exclusive, non-transferable and limited right to access and use the Website and the services it offers.
Content
All elements on the website, broadly referred to as "Content," are controlled by Audio Effetti S.r.l.. This Content is protected by laws relating to corporate image, copyright, patents and trademarks, as well as other intellectual property and unfair competition laws.
Unless expressly permitted by these Terms of Use, it is forbidden to copy, reproduce, republish, upload, publish, publicly display, encode, translate, transmit or distribute in any way (including "mirroring") any parts of the Website and the Content on any computer, server, website or other medium used for publication, distribution or commercial purposes, unless written permission has been obtained from Audio Effetti S.r.l.
Use of the Website
You may not use techniques such as "deep linking," "page scraping," "robots," "spiders," or other automatic devices, programmes, algorithms or methods, or similar or equivalent manual processes, to access, copy, or monitor any part of the Website or the Content. Furthermore, you may not reproduce or in any way circumvent the navigational structure or presentation of the Website or the Content in order to obtain or attempt to obtain materials, documents or information not deliberately made available through the Website. Audio Effetti S.r.l. reserves the right to prevent such activities.
Users must refrain from any attempt to obtain unauthorised access to any part or functionality of the Website, as well as to other systems or networks linked to the Website or Audio Effetti S.r.l.'s servers. This includes refraining from using hacking techniques, password interception or any other illegal means.
In addition, any probing, examination or testing of the vulnerability of the Website or any linked network is strictly prohibited, as is any breach or attempt to breach its security or authentication measures. Any attempt to discover the source of information related to other users or visitors to the Webite or Audio Effetti S.r.l. customers, including Audio Effetti S.r.l. accounts of which you are not the owner, is strictly prohibited. Furthermore, use of the Website or the services and information offered by the Website to disclose information about third parties, including personal data, is strictly prohibited.
Users agree to refrain from any actions which may unreasonably overload the infrastructure of the Website or Audio Effetti S.r.l.'s systems and networks or any system and network linked to the Website or to Audio Effetti S.r.l.
Users agree to refrain from using any device, software or procedure to interfere or attempt to interfere with the proper working of the Website or transactions carried out on it, or with use of the Website by any third party.
Furthermore, it is not permitted to falsify headers or manipulate identifiers of messages sent to Audio Effetti S.r.l. through the Website or the services offered on it in order to conceal their source. Impersonating other persons or parties is also prohibited.
Users agree to refrain from using the Website or the Content for illegal activities or activities prohibited under these Terms of Use, nor to facilitate the perpetration of any activity that is illegal or infringes on the rights of Audio Effetti S.r.l. or others.
Making payments
Using the websites managed by Audio Effetti S.r.l. and subject to these "Terms of Use", users can make payments for products or services sold by Audio Effetti S.r.l. or other authorised sellers displaying the Audio Effetti Pay logo.
For this purpose, users may use one or more of the payment methods accepted by Audio Effetti S.r.l. and listed on the aforementioned websites, including, but not limited to, credit, debit or prepaid cards (where available), or bank accounts. Users may be charged fees by the card-issuing company. Audio Effetti S.r.l. is not responsible for such fees.
Other Terms and Conditions
Users agree to abide by these additional terms and conditions by affirming, where applicable, that they are of legal age to use or participate in such services and functions. In the event of a conflict between these Terms of Use and the terms published for or applicable to a specific part of the Website or any service offered on or through the same, such terms shall govern the use of that part of the Website or specific service.
Any obligations of Audio Effetti S.r.l. in relation to its products and services are exclusively governed by the contracts under which these products and services are provided and no part of the Website can be interpreted as a modification of the aforementioned contracts.
Audio Effetti S.r.l. reserves the right to change any product or service offered on the Website or the prices applicable to such products or services, at any time and without prior notice. The material relating to products and services published on the Website may not be up-to-date; Audio Effetti S.r.l. is not obliged to guarantee that it is up-to-date.
Account, Password and Security
Certain functions or services available on the Website may require the creation of an account, including the creation of a username and password. You are solely responsible for protecting your account data, including your password, and for any activities resulting from your failure to keep this information private and confidential. Users must inform Audio Effetti S.r.l. immediately in the event of any unauthorised use of the account or password or any breach of security. Furthermore, users may be held responsible for any losses suffered by Audio Effetti S.r.l. or other users or visitors to the Website due to the unauthorized use of their Audio Effetti S.r.l. username, password or account by third parties due to a lack of protection of their account information.
It is strictly forbidden to use other people's the Audio Effetti S.r.l. username, password or account without their explicit consent and permission. Audio Effetti S.r.l. cannot be held responsible for any loss or damage caused by any violation of these obligations by the user.
Users must comply with all reasonable instructions that Audio Effetti S.r.l. may issue in relation to the security of the websites subject to these "Terms and Conditions of Use".
Privacy
Use of the Website is regulated by the Audio Effetti S.r.l. Privacy Policy, which forms an integral part of these Terms of Use. Click here to view the Audio Effetti S.r.l. Privacy Policy. Furthermore, by using the Website, users acknowledge that transmissions over the Internet are never completely private or secure.
Links to External Sites and the Audio Effetti S.r.l. Website
The Website may contain links to independent third-party websites (known as 'Linked Sites'). These links are provided solely as a courtesy to visitors. Linked Sites are outside the control of Audio Effetti S.r.l., and Audio Effetti S.r.l. is not responsible for their content, including any material and information published on them, nor does it recommend them in any way. The decision to interact with Linked Sites is up to the user, who should judge for themselves whether to do so and how.
Exclusion of Liability
Audio Effetti S.r.l. cannot guarantee that the Website or its contents, services or functionalities are error-free or continuously available. There is no guarantee that any defects will be corrected or that your use of the Website will produce specific results. The Website and its content are provided 'as is' and on an 'as available' basis. All information provided on the Website is subject to change without notice. Audio Effetti S.r.l. cannot guarantee that documents or other data downloaded from the website are free from viruses, infection or disruptive elements. Audio Effetti S.r.l. excludes any kind of warranty, either explicit or implicit, including accuracy, non-infringement, marketability and suitability for specific purposes. Audio Effetti S.r.l. declines any responsibility for the actions, omissions and behaviour of third parties in relation to the use of the Website and/or Audio Effetti S.r.l.'s services by the user. Users are entirely responsible for their use of the Website and Linked Sites. Should users be dissatisfied with the Website or its content, the only remedial action in regard of Audio Effetti S.r.l. is to stop using the same. This limitation is an integral part of the contract between the parties.
This limitation applies to damages, liability and injuries resulting from malfunctions, errors, omissions, interruptions, deletions, defects, delays, computer viruses, communication line failures, theft, destruction, access, alteration or unauthorised use, whether due to breach of contract, tort, negligence or other causes.
Limitations of Liability
Unless expressly forbidden by law, Audio Effetti S.r.l. cannot be held responsible for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profits, even if Audio Effetti S.r.l. was aware of the possibility of such damages.
In the event that, notwithstanding other provisions of these Terms of Use, Audio Effetti S.r.l. is held responsible for any damage or loss arising from or related to use of the Website or the Content or Services it offers, the liability of Audio Effetti S.r.l. shall in no case exceed (1) the total amount paid by the user for the use of any of the services or features of the Website itself and in the six months prior to the date of the initial request submitted to Audio Effetti S.r.l. (excluding the cost of purchasing Audio Effetti S.r.l. hardware or software products or support programmes) or, in any event, the maximum amount of €100. Since some jurisdictions do not allow limitations of liability, the above limitations may not be applicable to every user.
Indemnity
The user agrees to indemnify and hold harmless Audio Effetti S.r.l., its officers, directors, shareholders, previous and subsequent owners, employees, agents, subsidiaries and affiliates in respect of any request, loss, liability, claim or expense (including legal fees) brought against Audio Effetti S.r.l. by third parties due to or in relation to the user's use of the Website.
Violations of the Terms of Use
Audio Effetti S.r.l. may disclose user information, including a user's identity, if it believes that such disclosure is necessary in relation to investigations or complaints regarding the user's use of the Website or to identify, contact or take legal action against people who may damage or interfere (intentionally or unintentionally) with Audio Effetti S.r.l.'s rights and assets or those of visitors to the Website, including Audio Effetti S.r.l.'s clients. Audio Effetti S.r.l. also reserves the right to disclose any information at any time as necessary to comply with laws, regulations, legal proceedings or governmental requests. Audio Effetti S.r.l. may also disclose a user's information if legally required or permitted, including exchanging information with other companies and organisations for anti-fraud purposes.
Users acknowledge and accept that Audio Effetti S.r.l. may retain any communication between the user and Audio Effetti S.r.l. through the Website or any service offered on it and may disclose the same if required by law or if Audio Effetti S.r.l. believes that such retention or disclosure is reasonably necessary to (1) comply with legal processes, (2) enforce these Terms of Use, (3) respond to allegations of infringement of third party rights or (4) protect the rights, property or personal safety of Audio Effetti S.r.l, its employees, users or visitors to the Website and the public.
Audio Effetti S.r.l. reserves the right to revoke access to the Website and/or prevent future access to the Website at its sole discretion and without prior notice in the event of any violation of these Terms of Use or other agreements or guidelines associated with the use of the Website. Users also accept that any violation of these Terms of Use constitutes an illegal act and abusive behaviour, which may cause Audio Effetti S.r.l. irreparable damage for which monetary compensation would be insufficient. Consequently, users authorise Audio Effetti S.r.l. to obtain an injunction or other similar measure deemed necessary or appropriate in such circumstances. These remedies are in addition to any other legal remedies available to Audio Effetti S.r.l. in law or in equity.
Audio Effetti S.r.l. reserves the right to revoke access to the Website at its sole discretion and without prior notice for the following reasons, among others: (1) at the request of law enforcement or other government agencies; (2) at the user's request (account deletion requested by the user); (3) suspension or significant changes to the Website or the services offered on or through the Website; or (4) technical difficulties or unforeseen problems.
In the event that Audio Effetti S.r.l. takes legal action against a user in relation to violation of these Terms of Use, Audio Effetti S.r.l. would have the right to claim from the user, who agrees to pay the same, their reasonable legal fees and costs associated with such action, in addition to any other legal remedy granted to Audio Effetti S.r.l. Audio Effetti S.r.l. bears no responsibility towards the user or any third party for the consequences of the suspension of access to the Website following a violation of these Terms of Use.
Applicable Jurisdiction; Dispute Resolution
Any matter relating to access to or use of the Website, including disputes, shall be subject to Italian law. Users accept and submit to the exclusive jurisdiction of the Court of Genoa and expressly waive any objection to such jurisdiction.
However, if a user resides in the European Union, this jurisdiction clause does not apply, and they may bring claims in the courts of the country in which they reside. Furthermore, any claim based on these Terms of Use must be submitted within one (1) year from the date on which the matter arose, otherwise the claim shall be deemed time-barred. This time limitation does not apply to requests based on separate terms and conditions for the purchase of goods and services. In any dispute between Audio Effetti S.r.l. and a user arising from or relating to the use of the Website, both parties will attempt to resolve the matter quickly and in good faith. Should they fail to resolve the dispute within a reasonable period, not exceeding thirty (30) days, both parties shall have the right to request mediation. If the dispute cannot be resolved by mediation, the parties may rely on any other right or remedy available under applicable legislation.
Feedback and information
Any feedback sent via the site will not be deemed to be confidential. Audio Effetti S.r.l. may use this information without any limitation.
For information:
Audio Effetti S.r.l.
Via Manuzio, 57A - 16143 Genova (GE) Italy
Tel: +39 010 5451.202
Email: info@audioeffetti.it
