Terms and conditions
Effective Date Terms and Conditions: March 11, 2021
PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. THE WAIVER WILL AFFECT THE MANNER IN WHICH 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 review these website terms and conditions of use (“Terms of Use”) which govern your use of the moreglobe.com website or any other of our websites where these Terms of Use are posted (collectively, the “Site”). Throughout these Terms of Use, the terms “Company,” “we,” “our,” or “us” means Moreglobe.com (Moreglobe®). The terms “you”, “your”, “user” and “users” refer to all individuals and/or entities that access 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 further 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 amend these Terms of Use at any time, and any such amendments shall be effective upon posting on the Site. Your continued use of the Site following any modification of these Terms of Use constitutes your acceptance and agreement to be legally bound by the Terms of Use as modified. It is therefore important that you regularly review these Terms of Use. If you do not agree to all of these Terms of Use or our Privacy Policy, please do not use the Site.
Your access to and use of certain Company offerings, such as our loyalty program, may require you to agree to additional terms and conditions applicable to those offerings, in addition to these Terms of Use. In the event of any conflict between such additional terms and these Terms of Use, such additional terms shall prevail.
3. Eligibility
You must be at least 18 years of age to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, you represent and warrant to Company that you are at least 18 years of age and have the right, authority and capacity to accept and comply with these Terms of Use.
4. Restrictions on 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 United States, Canadian and foreign laws. Ownership of the Content remains with the Company. Any use of the Content not expressly permitted by these Terms of Use is a violation of these Terms of Use and may violate copyright, trademark and other laws. Except as noted 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 Company or its licensors.
We authorize you to view and download and print a single copy of the Content solely for your lawful, personal, non-commercial use, all rights reserved,” and 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 and Conditions 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 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 over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Site or any of its contents. You may not copy, decompile, reverse engineer, disassemble or attempt to derive source code from, modify or create derivative works of the Site, any updates or any part thereof. Any such attempt is a violation of these Terms and Conditions 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 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 are in compliance with these Terms of Use, we grant you a limited, nonexclusive, nontransferable license to use the Site. You may not distribute or make the Site available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Site or any of its contents. You may not copy, decompile, 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 is a violation of these Terms and Conditions 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 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 are in compliance with these Terms of Use, we grant you a limited, nonexclusive, nontransferable license to use the Site. You may not distribute or make the Site available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Site or any of its contents. You may not copy, decompile, 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 is a violation of these Terms and Conditions 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 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” any 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 other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site by hacking, password mining, or any other means. We reserve the right, in its sole discretion, to terminate your access to the Site, or any portion of it, at any time, for any reason, or without notice or anything else.
5. User Submissions
All personal information you provide to us is governed by our Privacy Policy. To the extent there is any inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall prevail.
We do not claim ownership of any information or materials that a user provides to the Company or that they post, upload, input, submit or transmit to this Site (“Submission”).
You agree not to make any Submission that is, in whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, obnoxious or outrageous with respect to gender, race, color, sexual orientation, national origin, religious opinion, or disability, in violation of any local, state, national, or international law, or which violates or infringes upon any right of any party. In addition, you agree not to: (a) make any Request that is an advertisement or solicitation of business; (b) send a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other malicious computer code; (e) collect or otherwise harvest information about others, including email addresses, without their consent; (f) posting the same note more than once or “spamming”; or (g) engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or that, in the Company’s judgment, exposes us or any of our licensors, partners or customers to any liability or damage 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 material on the Site, possibly deciding in its sole discretion as to the removal or request for removal of the Submission; (c) remove material that is deemed abusive, illegal, disruptive or obsolete, or that does not otherwise comply with these Terms of Use; (d) terminate a user’s access to any or all portions 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 Licensors and Partners
Your 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 IN CONTRACT OR TORT, 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 FULFILLMENT OF OR IN VIOLATION OF THESE TERMS OF USE OR THE 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 accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit 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, video, images, music, sounds and information belonging to or originating from other third parties (collectively, “Third Party Applications”). Company does not investigate, monitor or review Third Party Pages or Third Party Applications to ensure their accuracy, completeness or appropriateness. 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 endorsement or approval of the Company. Such links are provided solely as a convenience or for the benefit of users. Your interactions with a third party on the Site, or based on the participation or presence of such third party on the Site, are solely between you and the 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 any third party pages or applications, you do so at your own risk.
9. Indemnity
You agree to defend, indemnify, and hold Company, its officers, directors, employees, agents, licensors, licensees, and partners, harmless from and against any and all claims, actions, demands, liabilities, and settlements, including but not limited to reasonable legal and accounting fees, arising out of, or alleged to arise out of, your use of the Site or Content, or your breach of these Terms of Use.
10. Modification or Suspension of the Site
You agree that we may, in 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 make no representation that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal for certain people or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws. The following provisions shall survive the expiration or termination of these Terms of Use for any reason: Liability of Company and its Affiliates and Partners, Restrictions on Use, Idea Submission, Indemnity, Applicable Laws, and Entire Agreement.
12. Applicable Laws
Italy: If you access the Site from Italy, these Terms of Use shall be governed in accordance with the laws of the State of Italy, without regard to its conflict of law provisions. You and the Company expressly consent and submit to the exclusive jurisdiction of the courts of the Foro di Salerno for the adjudication 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 court of competent jurisdiction 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. Jurisdiction
“The parties expressly agree that any disputes arising out of these Terms and Conditions shall be subject to the exclusive jurisdiction of the Court of Salerno.
14. Notification and removal procedures
If you believe that any Materials accessible on or from the Site infringe copyright, you may request removal of such Materials (or access to them) from this Site by contacting us at the address listed 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 (e.g., 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 would allow us to locate the Submission;
(c) Your name, address, telephone number and (if available) e-mail address;
(d) A statement that you have a good faith belief that the use of the work complained of is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information you have provided 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 website is as follows:
amministrazione@creatiwa.it
In an effort to protect the rights of copyright owners, we maintain a policy for terminating, in appropriate circumstances, users of this site who are repeat infringers.
15. Entire 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.