The Site www.mixitalia.com ("Site") is the exclusive property of ITALFOOD N.V. dba MIXITALIA, with its head offices in Cabbage Palm dr. 3B, Orange Grove, Cole Bay, Sint Maarten D.W.I. (hereafter named as "ITALFOOD N.V."). Access to and surfing of the Site, on behalf of the individual users,are free and subject to acceptance of the terms and conditions of these legal notes. The user takes note of and in any event agrees: (i) that ITALFOOD N.V. reserves the right to modify the terms and conditions of these legal notes at any moment informing the users of the modifications by means of a general notice posted on the Site or by means of a link to such notice and (ii) that, from the time of each such notice as afore-mentioned, the legal notes as modified will constitute the new
terms and conditions to which access to and surfing on the Site will be subjected (these legal notes,as modified from time to time, will hereafter be referred to as, the "Legal Notes").
1. INTELLECTUAL PROPERTY RIGHTS
1.1.the contents of the Site, such as by way of example, but without limitation, the works, the images, the photographs, the dialogues, the music, the sounds, the videos, the texts and all other material in any format whatsoever, comprising, such as by way of example, but without limitation, the menus, the web pages, the graphics, the colors, the charts, the instruments, the characters,the design, the diagrams, the layout, the methods, the processes, the functions and the software (individually and/or collectively "Contents") and the relative distinctive signs and/or logos are the exclusive property of ITALFOOD N.V. or in any event for its exclusive use, and in any case may not be in any way and/or form used without the prior written consent of ITALFOOD N.V.
1.2. In the case of the Site being provided with link codes and embeds relating to specific contents, such codes may be employed by the users only for their own direct personal and private use, and on condition that the use as afore-mentioned is not undertaken directly or indirectly for purposes of a
commercial and/or lucrative nature.
1.3. Every use of the codes and /or Contents which is in violation of the limits indicated in the Legal Notes, or in any event contrary to the rules of law is illegal and will therefore be liable to prosecution by ITALFOOD N.V..
1.4. The brand names and the logos "MIXITALIA and VINI D’ITALIA", including the domain name "mixitalia.com", are for the exclusive use of ITALFOOD N.V. Such brand names, logos and domains may not be used in any way without the prior written consent of ITALFOOD N.V.
2. LINKS TO OTHER WEB SITES
2.1.The Site may contain links to other web sites which have no connection to the Site.
ITALFOOD N.V. does not check nor carry out monitoring operations on such sites, on their contents and their rules and regulations.
2.2. Any links connecting to other web sites are in no way to be understood as an activity, on behalf of ITALFOOD N.V., of promotion of such sites and /or the contents published therein.
On the Site there may be some session “cookies” (which are not memorized in a persistent way on the computer of the user and disappear when the browser is closed) with the purpose of allowing the users a better functionality of the Site. The users who prefer not to receive cookies may set their own browser so as to be informed of the presence of cookies and to have the possibility to decide whether to accept them or not. The browser may also be set so as to refuse all cookies automatically; in which case, however, the user may not be able to access all the services available on the Site.
4. LIMITATIONS OF LIABILITY
4.1. The users take notice and in any event agree that their access to and surfing of the Site is entirely at their own risk and is their sole responsibility.
4.2. The users also take notice of and in any event agree that the Site is provided “as is” and “as available” and could be temporarily inaccessible or in any event contain errors or present delays.
4.3. ITALFOOD N.V. does not assume any liability with respect to contents, materials and/or information posted on the Site by the users in the proper virtual spaces which ITALFOOD N.V. provides for the users themselves with the purpose of interacting with the Site ("Content and /or Users").
4.4. ITALFOOD N.V. will not be liable for any loss or damage resulting from or in any way connected to the use or the functioning of the Site, including – without any limitation whatsoever – damages due to loss of business, loss of profit, interruption of activity, loss of commercial information and/or any other kind of monetary loss, except in cases of fraud or gross negligence of ITALFOOD N.V.
5. REPORTING OF MISCONDUCT
5.1. The users who have identified any kind of User Content which they consider to be illegal, inappropriate, offensive or vulgar are kindly requested to report it immediately to ITALFOOD N.V., by filling in the form for reporting misconduct available on the Site, at the foot of the home page.
5.2. The users are kindly requested to make a responsible use of their reporting. Any such reports which should be found to be unfounded and /or illegal will be at the full responsibility and charge of the User.
6. APPLICABLE LAWS
The Legal Notes are governed by Sint Maarten D.W.I. law. ***ITALFOOD N.V., with its head offices in Cabbage Palm dr. 3B, Orange Grove, Cole Bay.