These Terms and Conditions (the “Terms”) govern your access to and use of Excellent Gusto’s website that link to or reference these Terms (“Site”). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Excellent Gusto SRLs, a company headquartered in Florence, Italy (“Excellent Gusto “). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
We reserve the right to change these Terms at any time, and you agree (including by virtue of your continued use of the Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Site shall be subject to these Terms. The most current version of these Terms can be viewed at any time at: www.excellentgustomagazine.com.
“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We”, “us”, and “our” refer to Excellent Gusto.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as comments, reviews, invitations, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Excellent Gusto Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Excellent Gusto or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Excellent Gusto Content.
2. Using the Site
2.1. Permission to Use the Site.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if we have previously banned you from the Site or closed your account.
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
2.2. Site Availability.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
2.3. User Accounts.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any or no reason.
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive our e-mail newsletter.
3.1. Responsibility for Your Content.
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorise the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Excellent Gusto.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
3.2. Our Right to Use Your Content.
By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated media platforms (“Other Media”), either in the form submitted or in the form of a derivative or adapted work, to store such content, and to distribute such content and use such content for promotional and marketing purposes.
As between you and Excellent Gusto, you own Your Content. We own the Excellent Gusto Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Excellent Gusto Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Excellent Gusto Content in whole or in part except as expressly authorised by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Excellent Gusto Content are retained by us.
Excellent Gusto and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You agree not to, and will not assist, encourage, or enable others to use the Site to: (i) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) Publish falsehoods or misrepresentations that could damage us or any third party; (iii) Submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Excellent Gusto. We reserve the right to remove or not publish submissions without prior notice.
You also agree not to, and will not assist, encourage, or enable others to: (i) Violate the Terms; (ii) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorised by Excellent Gusto; (iii) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content; (iv) Reverse engineer any portion of the Site; (v) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site; (vi) Record, process, or mine information about other users; (vii) Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database; (viii) Reformat or frame any portion of the Site; (ix) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Excellent Gusto’s technology infrastructure or otherwise make excessive traffic demands of the Site; (x) Attempt to gain unauthorised access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; (xi) Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); (xii) Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; (xiii) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or (xiv) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior written notice to us here: firstname.lastname@example.org, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
5. Copyright And Trademark Disputes
If you are a copyright or trademark owner or agent thereof and believe that any of our content infringes upon your copyright, please send us a written notice. If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice. We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account if the user is determined to be a repeat infringer. You can send us your copyright or trademark notices here: email@example.com.
6. Third Parties
The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
You agree to indemnify, hold harmless, and defend Excellent Gusto, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and each of their respective officers, directors, contractors, agents, employees, successors (collectively, the “Excellent Gusto Entities”) and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your User Content and your use of any Excellent Gusto Content), (ii) your online conduct, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of Excellent Gusto. These obligations will survive any termination of these Terms.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS entirely AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE services, INCLUDING WITHOUT LIMITATION THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES or with RESPECT TO any websites or services linked from the services. THE SERVICES ARE PROVIDED “AS IS”, “with all faults,” AND “AS AVAILABLE”. Without limiting the generality of the foregoing, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, no liens and no encumbrances; (II) The warranties against infringement, misappropriation or violation of any intellectual property or proprietary rights of any person; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; and (IV) the warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the services or otherwise by Excellent Gusto. Further, there is no warranty that the SERVICES will meet your needs or requirements or the needs or requirements of any other person OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, THAT THE SERVICES, INCLUDING WITHOUT LIMITATION THE Excellent Gusto content, FUNCTIONS OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. Excellent Gusto DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY Excellent Gusto CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR Excellent Gusto CONTENT. No oral or written information made available by or on behalf of Excellent Gusto shall create any warranty.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Exclusive Remedy and Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL Excellent Gusto , its affiliates, or any party involved in creating, producing, or delivering the SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION direct, incidental, consequential, indirect, special, or punitive damages AND LOST PROFITS arising out of THE TERMS OR your access, use, misuse, or inability to use the services, INCLUDING WITHOUT LIMITATION ANY Excellent Gusto content OR USER CONTENT, or any Sites LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Excellent Gusto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Excellent Gusto’s liability in such jurisdictions shall be limited to the extent permitted by law. Any claim against us shall be limited to the amount you paid, if any, for use of the Services.
10. Governing Law and Location
These Terms of Service shall be governed by the Italian law, applicable to agreements made and to be performed therein without regard to conflict of laws principles. BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS.
You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Excellent Gusto with a notice of termination here: firstname.lastname@example.org.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
a. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
b. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
c. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
d. Any failure on Excellent Gusto’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
e. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
f. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Excellent Gusto’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
g. The section titles in the Terms are for convenience only and have no legal or contractual effect.