TERMS AND CONDITIONS

Effective Date: November 1, 2020

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH US ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION CLAUSE. PLEASE READ IT CAREFULLY.

1. INTRODUCTION

Please see these terms and conditions of use of the website (“Terms of Use”) which govern your use of the Moreglobe.com website or any of our other websites where these Terms of Use are posted (collectively, the “Site”).  Throughout these Terms of Use, “Company”, “we”, “our” or “us” means Moreglobe.com (Moreglobe®).  The terms “you”, “your”, “user” and “users” refer to all individuals and/or entities accessing the Site for any reason.

2. ACCEPTANCE

By visiting the Site (whether or not you are a registered member) you accept and agree to be bound by these Terms of Use, including any future amendments.  You also represent and warrant to the Company that you will use the Site in a manner consistent with all applicable laws, rules and regulations.  The Company may modify these Terms of Use at any time, and any such modification will be effective upon posting on the Site.  Your continued use of the Site following any amendment to these Terms of Use constitutes your acceptance and agreement to be legally bound by the Terms of Use as amended.  It is therefore important that you review these Terms of Use regularly.  If you do not agree to all of these Terms of Use or our Privacy Policy, please do not use the Site.

Access to and use of certain Company offers, such as our loyalty program, may require you to accept additional terms and conditions applicable to such offers in addition to these Terms of Use.  In the event of any conflict between such additional terms and these Terms of Use, those additional terms will prevail.

3. Eligibility

You must be at least 18 years of age to visit or use the Site in any way. By visiting the Site or accepting these Terms of Use, you represent and warrant to us that you are at least 18 years of age and have the right, authority and ability to accept and comply with these Terms of Use.

4. Restrictions of Use

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from our licensors and other materials (“Content”) is protected by copyright under applicable U.S., Canadian and foreign laws.  Title to the Content remains with the Company.  Any use of the Content not expressly permitted by these Terms of Use constitutes a violation of these Terms of Use and may violate copyright, trademark and other laws.  Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written consent of the Company or its licensors.

We authorize you to view and download and print a single copy of the Content for lawful, personal, non-commercial use only, all rights reserved,” and we retain all other copyright and proprietary notices contained in the Content.  Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.  Use of the Content on any other site or in a networked computer environment for any purpose is prohibited.  All rights not expressly granted herein are reserved by the Company and its licensors.  If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy all copies you have made of any portion of the Content.

As long as you comply with these Terms of Use, you are granted a non-exclusive, limited, non-transferable license to use the Site. You may not distribute or make the Site available on a network where it could be used by multiple devices at the same time.  You may not rent, lease, loan, lend, sell, redistribute or sublicense the Site or any of its content. You may not copy, decompile, reverse engineer, reverse engineer, disassemble or attempt to derive source code, modify or create derivative works of the Site, any updates or any part thereof. Any attempt to do so constitutes a violation of these Terms of Use.  If you violate this restriction, you may be subject to prosecution and damages. These Terms of Use will govern all updates provided by the Company that replace and/or supplement the original Site, unless such updates are accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy all copies you have made of any portion of the Content. 

As long as you comply with these Terms of Use, we grant you a non-exclusive, limited, non-transferable license to use the Site. You may not distribute or make the Site available on a network where it could be used by multiple devices at the same time.  You may not rent, lease, loan, lend, sell, redistribute or sublicense the Site or any of its content. You may not copy, decompile, reverse engineer, reverse engineer, disassemble or attempt to derive the source code of the Site, modify or create derivative works of the Site, any updates or any part thereof. Any such attempt constitutes a violation of these Terms of Use.  If you violate this restriction, you may be subject to prosecution and damages. These Terms of Use will govern all updates provided by the Company that replace and/or supplement the original Site, unless such updates are accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy all copies you have made of any portion of the Content.

You may not, without our written permission, “mirror” the Content contained on the Site or any other server.  You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any third party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the Site by hacking, password extraction or any other means.  We reserve the right, in our sole discretion, to terminate your access to the Site, or any part thereof, at any time, for any reason or without notice or anything.

5. User contributions

All personal information you provide to us is governed by our Privacy Policy.  To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy will prevail.

We do not claim ownership of any information or material that you provide to us or that you post, upload, input, submit or transmit to this Site (“Submission”).  

You agree not to submit any Submission that is, in whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, libelous, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or outrageous with respect to gender, race, color, sexual orientation, national origin, religious opinion or disability, in violation of local, state, national or international law, or violating or infringing any rights of any party.  In addition, you agree not to: (a) make any Request that is an advertisement or business solicitation; (b) send a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) collect or otherwise collect information about others, including e-mail addresses, without their consent; (f) post the same notice more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the opinion of the Company, exposes us or any of our licensors, partners or customers to any liability or damages of any kind.

We reserve the right (but not the obligation) to: (a) investigate an allegation of non-compliance with the Terms of Use of the Material on the Site, deciding, if necessary, on its sole discretion as to whether to remove or request removal of Submissions; (c) remove any material that is deemed abusive, illegal, disruptive or outdated, or that does not otherwise comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site in the event of a violation of these Terms of Use or the law; (e) monitor, edit or disclose any Submission; (f) edit or delete any content posted on the Site, regardless of whether such Submission violates these Terms of Use.

6. Responsibilities of Creatiwa and its Dealers and Partners

Use of the Site or Content is at your own risk.  The Content on this Site may contain technical inaccuracies or typographical errors.  We may make changes or improvements at any time.

WE ASSUME NO LIABILITY, WHETHER CONTRACTUAL OR NON-CONTRACTUAL, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING OUT OF ANY ACT OR OMISSION BY US, OUR AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN PERFORMANCE OF OR IN VIOLATION OF THESE TERMS OF USE OR PRIVACY POLICY.

7. Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to assume responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or modify content, or cancel orders in our sole discretion.

8. Contact with Third Parties and Third Party Websites

The Site may contain hyperlinks to other sites and web pages (“Third Party Pages”), as well as text, graphics, videos, images, music, sounds and information belonging to or coming from other third parties (collectively, “Third Party Applications”).   The Company does not investigate, control or review Third Party Pages or Third Party Applications to ensure their accuracy, completeness or appropriateness.  The Company is not responsible for the Third Party Pages or Third Party Applications accessed through the Site. You agree that the Company shall not be liable for any loss or damage of any kind incurred as a result of any relationship between you and any third party, or as a result of the presence of such third party on the Site.

The inclusion of any hyperlinks to third party pages or applications on the Site does not indicate the Company’s endorsement or approval. Such links are provided solely for your convenience or benefit.  Your interactions with a third party on the Site, or based on that third party’s participation or presence on the Site, are solely between you and that third party.  We make no representations or warranties as to the content, ownership or legality of such linked third party websites. If you choose to leave the Site to access third party pages or applications, you do so at your own risk.

9. Indemnity

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, licensors and partners, from and against any and all claims, actions, demands, liabilities and transactions, including, but not limited to, reasonable legal and accounting fees, arising out of, or alleged to arise from your use of the Site or Content, or your violation of these Terms of Use.

10. Modification or suspension of the Site

You agree that we may, at our sole discretion and at any time, modify, discontinue or suspend the operation of the Site, any portion thereof or any Content, temporarily or permanently, without notice or liability to you.

11. General Statements

We do not declare that the Contents are appropriate or that they can be downloaded outside of Italy.  Access to Content may not be legal for certain people or in certain countries.  If you access the Site from outside Italy, you do so at your own risk and are responsible for compliance with local regulations.  The following provisions survive the expiration or termination of these Terms of Use for any reason: Liability of the Company and its Dealers and Partners, Restrictions of Use, Idea Submission, Indemnity, Applicable Laws and Full Agreement.

12. Applicable Laws

Italy: If you access the Site from Italy, these Terms of Use shall be governed by the laws of Italy, without regard to its conflict of laws provisions.  The user and the Company expressly consent and submit to the exclusive jurisdiction of the courts of the Court of Salerno for the award or disposition of any claim, action or dispute arising out of these Terms of Use.  If any provision of these Terms of Use is found by a competent court to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

13. Place of Jurisdiction

“The parties expressly agree that for any disputes arising from these Terms and Conditions will be the exclusive jurisdiction of the court of Salerno.

14. Notification and removal procedures

If you believe that any Material accessible on or from the Site infringes copyright, you may request the removal of such Material (or access to it) from this Site by contacting us at the address below and providing the following information:

(a) Identification of the copyrighted work that you believe has been infringed.  Please describe the content and, where possible, include a copy or location (for example, the URL) of an authorized version of the work;

(b) Identification of the work you believe has been infringed and its location.  Please describe the Submission and provide us with its URL or any other relevant information that enables us to locate the Submission;

(c) Name, address, telephone number and (if available) e-mail address;

(d) A statement that you have a good faith belief that use of the disputed work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information you provide is accurate and that “under penalty of perjury” you are the copyright owner or an authorized representative; and

(f) A signature or electronic equivalent of the copyright owner or authorized representative.

Our address for copyright matters relating to this Web site is as follows:

amministrazione@creatiwa.it

In an effort to protect the rights of copyright owners, we maintain a policy of termination, under appropriate circumstances, of users of this site who are repeat infringers.

15. Full Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of us on this Site, these Terms of Use, including our Privacy Policy, constitute the entire agreement between you and us regarding your use of the Site and the Content.