This web Web Site (“Web Site”) is owned and provided by I.M.A. Industria Macchine Automatiche S.p.A., with registered office in Ozzano dell’Emilia (BO), Via Emilia n. 428-442, VAT N. IT00500931209, Reg. Imprese Bo, C.F. 00307140376, REA Bo 149288, paid-up capital € 20.415.200 (“IMA”). By using the Web Site, you (“User”) agree to abide by the terms and conditions (“Terms”) set forth in this notice.
1 • SCOPE
These terms applies to: (i) the website www.ima.it; (ii) its third levels or sub-sites, and other IMA group websites, unless otherwise specified; (iii) the registered and non-registered Users that access the Web Site.
User may be not granted access, or have limited access, to the Web Site in compliance with the current laws and/or her or his position.
2 • LICENSE CONDITIONS – INTELLECTUAL AND INDUSTRIAL PROPERTY
a. General aspects
Except as otherwise provided with regard to specific contents and/or their categories, all of the contents of this Web Site (including, but not limited to, trademarks mentioned or displayed, designs, utility models, patents, texts) are protected by copyright laws as well as intellectual and industrial property laws. All rights are reserved and owned by IMA or other respective owners of the Web Site contents. Reproduction or modification of the contents of the Web Site is strictly prohibited, for any purposes. Prior to use of any of the Web Site contents, whether partial or total, written consent must be obtained from IMA.
In general, it is forbidden to use any content of the Web Site whether not explicitly authorized by this Terms or stated in the content itself.
It is forbidden to remove any copyright notice.
While all reasonable care has been taken in preparing and presenting the contents of the Web Site, IMA makes no guarantees about its accuracy, completeness, usefulness or relevancy to the needs or purposes of users. Any information is made available “as is” and without warranty.
Trademarks, domain names, signs, and company names used on the Web Site are registered by IMA and, in any case, protected by the law; users are prohibited to copy or use them in any time and in any manner not explicitly authorized by IMA or imposed by the law.
c. Press releases
Press releases can be copied, printed, downloaded, and communicated, provided that no textual and graphical element or information is modified or used separately. Links to each press release web page are allowed.
News can be copied, printed, downloaded, and communicated, provided that no textual and graphical element or information is modified or used separately. Links to each news’ web page are allowed.
e. Corporate documents
Without prejudice to the provisions of letter a) of this article, corporate documents published on the Web Site are made available for information purposes only; they do not replace, or prevail on, corporate documents archived in the qualified branches in compliance with the law, unless otherwise provided by binding laws or explicitly stated by IMA.
f. Technical documents and brochures
Without prejudice to the provisions of letter a) of this article, technical documents (including, but not limited to, products specifications, brochures, user manuals) published on the Web Site are made available for information purposes only; they do not replace, or prevail on, the documentation provided by IMA by other means (including, but not limited to, documents bundled with any provided product).
3 • INTELLECTUAL PROPERTIES AND THIRD PARTIES
IMA respects the intellectual property rights of third parties. If a third party has reasonable grounds to justify that one or more sections of content on the Web Site infringes their rights, they must inform IMA by registered letter or certified email (PEC). The document submitted to IMA must contain a handwritten or electronic signature, and provide specific and accurate information including: (i). the specific rights (which may be held by the writer or a third party, in the latter case a specific mandate is required to be produced) that are claimed to have been infringed; (ii) details of the content that is claimed to violate these rights; (iii) a request to remove the content, providing (iv) all necessary data in order to provide an informed response; (v) a declaration stating that the contents specified have been used without authorization. This request shall be made in good faith and include accurate information, with the understanding that erroneous, misleading or false requests expose the submitting party to the consequences of the law.
4 • USER ACCOUNTS – IMA CONNECT
By registering to the Web Site: (i) the User is granted access to restricted areas and/or services (for example, they may include the “contact us” function”, user manuals downloads, on line support); (ii) the User must provide personal information by filling an electronic form; (iii) the User may obtain commercial information by IMA, or related to IMA, in compliance with the limits and the formats foreseen by IMA itself. The Web Site, including any restricted section or service, may change without notice and no obligations are carried out by IMA.
The User may ask IMA to remove her or his account by sending a registered email or mail.
The User undertakes to: (i) ensure confidentiality of its user details; (ii) provide truthful information. The User recognizes that her or his account may be deleted or disabled by IMA without notice.
5 • COMMUNICATIONS AND CONTACTS
Any information transmitted to IMA by using the Web Site will be considered non-confidential and non-proprietary, except for personal data that will be processed in compliance with the current data protection rules.
The user undertakes not to send to IMA any data, information, and material that is defamatory, discriminatory, inciting, erroneous, blasphemous, or in violation of intellectual property rights, trademarks, patents, licenses, and other third parties’ rights; viruses, trojan horses, malwares.
6 • RESTRICTIONS AND BANS
The User undertakes to use the Web Site in compliance with these Terms and the current laws. In the event of their violation, IMA reserves any right to the maximum extent allowed by the law, including but not limited to, the right to disable access to the Web Site, remove or disable any User account, inform Public Authorities and Police forces.
7 • PRODUCTS
The information (including images) relating to the products and services referred to on the Web Site is subject to continuous updating, and is shown for indicative purposes only. The above data should be considered purely indicative, and subject to errors or inaccuracies. IMA may, at any time and at its sole discretion, make structural or formatting changes to the products listed.
Some products and services mentioned on the Web Site may be owned by other parties, and therefore come under the trademarks of their respective owners. The information (including images) on this Web Site is provided solely for the purpose of being viewed, and cannot be saved or downloaded in any format.
8 • LINKS TO THIRD PARTIES WEB SITES
This Web Site may contain hyperlinks (links) to Web Sites that are operated by third parties, which IMA has no control over, and is therefore not responsible for in any way, with the sole exception related to IMA. Publication of these links on the Web Site does not assume or imply in any way that IMA has reviewed, or agrees with, the information on these Web Sites, or that IMA is in a partnership with these third parties, unless otherwise stated.
9 • LIMITATION AND EXEMPTION FROM LIABILITY
IMA assumes no liability for the information of any type contained in the pages on its Web Site. The information, software, products and services mentioned may include inaccuracies or errors.
To the extent permitted by the governing law, IMA is not answerable in any way for the completeness or suitability for any purpose, of the information, products, and services contained or described on the Web Site. The offer of products or services on its Web Site does not constitute any guarantee or recommendation of such products or services by IMA.
10 • OTHER PROVISIONS
IMA may change these terms at any time, and without prior notice.
In the event that any of the above clauses (for example, the provisions regarding the disclaimer of guaranties and the limitation of liability) are determined to be invalid or not legally enforceable (in whole or in part) in accordance with relevant laws, this provision will be replaced (in whole or in part) with a valid, enforceable provision that most closely matches the intent of the original provision. In this case, the remaining parts of these terms will remain in full force and effect.
11 • LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the Italian Law. You agree to be bound exclusively by the Italian Law.
In the event of a litigation, you agree to set the exclusive jurisdiction of the Court of Bologna (“Tribunale di Bologna”). Nonetheless, IMA reserves the right to take legal proceedings in other countries or cities, in order to protect and enforces its rights whenever it deems appropriate to do so.