Terms of service
License
Subject to the terms and conditions set forth in this Agreement, COLDLINE grants you a limited, non-exclusive, non-transferable right to access, use, and view the Site and the materials contained therein. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
COLDLINE authorizes you to view and download the information ("Materials") on the Site solely for your personal, non-commercial use. This authorization does not constitute a transfer of title to the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way, reproduce them, publicly display them, distribute them, or otherwise use them for public or commercial purposes; 3) you may not transfer the Materials to third parties without informing them of the obligations arising from these Terms of Use and their acceptance of them. You agree to comply with all additional restrictions indicated on the Site, which may be updated from time to time. The Site, including all Materials, is protected by copyright and other applicable worldwide copyright laws. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, COLDLINE does not grant any express or implied rights to you under any patents, designs, trademarks, copyrights, or trade secrets.
User Account
You may be required to open an account to access certain restricted sections of the Site. If so, you must complete the registration process by providing complete and accurate information as indicated on the applicable registration form. You will also be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account, as well as for any activity that occurs under that account. You agree to immediately notify COLDLINE of any unauthorized use of your account or any other breach of security. COLDLINE will not be liable for any losses resulting from anyone else using your password or account.
User Responsibilities
You represent and warrant that you will use the Site in compliance with this Agreement, the laws and regulations referenced herein, and all current and future Site policies and rules. You agree not to use the Site to: (a) send spam or unsolicited communications; (b) impersonate COLDLINE or any other person; (c) forge headers or manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) falsely state your affiliation with a person or entity; (e) act in a manner that impairs the ability of other users to use the Site; (f) engage in activities that violate any applicable laws; (g) post or transmit any material that violates or infringes in any way upon the rights of others, or that is unlawful, offensive, defamatory, vulgar, or otherwise objectionable, or that contains advertising or solicitations for products or services; (h) collect or store personal data of other users without their specific authorization. If you fail to comply with the foregoing, you may not use the Site; COLDLINE will not be bound by this Agreement and reserves all legal rights in connection with such breach.
You further agree to defend, indemnify, and hold harmless COLDLINE, its affiliates, and their respective officers, directors, and agents from any claims and expenses, including attorneys' fees, arising from your use of the Site.
Amendments
COLDLINE reserves the right, at its sole discretion, to modify, add, or remove any portion of this Agreement, in whole or in part, at any time. Amendments to the Agreement will be effective upon posting of the relevant notice on the Site. Your continued use of the Site following the posting of any amendments will be deemed acceptance of those amendments.
COLDLINE may, at any time and without notice: discontinue, modify, or correct errors or omissions in any portion of the Site; make any other changes to the Site, the materials, products, programs, services, or prices (if applicable) described on the Site; or suspend or discontinue any aspect of the Site, including the availability of any features. COLDLINE may also impose limits on certain features and services or restrict access to parts or the entire Site without notice and without liability. COLDLINE may revoke the authorization, rights, and license granted at any time; upon such termination, you must immediately destroy all Materials.
Acknowledgement of Intellectual Property Rights
You acknowledge that all intellectual property rights (including, but not limited to, copyrights, patents, know-how, confidential information, database rights, and registered or unregistered trademark and design rights) relating to the Site are owned by COLDLINE or its licensors. All goodwill and intellectual property rights arising from the use of such rights shall belong to COLDLINE.
Information You Provide
The Privacy Policy associated with this Site protects any personal information you may provide to COLDLINE through the Site. However, you should not send COLDLINE confidential or proprietary information through the Site. You agree that any information or material provided by you or by anyone acting on your behalf will not be considered confidential or proprietary. By providing such information or materials to COLDLINE, you fully assign and transfer to COLDLINE all intellectual property rights therein; COLDLINE will therefore be free to use, reproduce, display, publicly perform, transmit, distribute, modify, assign, and license such information and materials. You further agree that COLDLINE is free to use any ideas, concepts, or know-how you provide. You further agree not to provide COLDLINE with any information or materials that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate third-party proprietary material. COLDLINE reserves the right, at its sole discretion, to remove any information you provide from the Site.
Security
You may not: (a) use any device or software that interferes with the operation of the Site; (b) take any action that imposes an excessive or unreasonable load on the Site's infrastructure (for example, sending mass emails – "spamming"); (c) interfere with or tamper with the Site's software or features. This includes the inclusion on the Site of material infected with viruses, Trojan horses, time bombs, or other elements that could damage or interfere with the structure of the Site.
Third-Party Websites
COLDLINE does not undertake to monitor or review the content of third-party websites, nor is it responsible for the accuracy or reliability of such sites. COLDLINE may provide links on the Site to websites operated by other entities. If you use such websites, you will leave this Site. Visiting any linked website is at your own risk, and it is your responsibility to take all protective measures against viruses or other destructive elements. COLDLINE makes no warranties or representations regarding linked websites, the information contained therein, or the products or services described therein. Links do not imply that COLDLINE or the Site sponsors, endorses, is affiliated with, or is legally authorized to use any trademarks, trade names, logos, or copyright symbols displayed via the links, nor that the linked sites are authorized to use any trademarks, trade names, logos, or copyright symbols of COLDLINE or its affiliates or subsidiaries.
Disclaimer of Implied Warranties
Although every effort has been made to ensure the accuracy of the information on the Site, COLDLINE disclaims all liability. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. COLDLINE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, NOR THE RELIABILITY OF ANY OPINION, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE PLACED ON SUCH OPINION, OPINION, STATEMENT, MEMORANDUM, OR INFORMATION IS AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." COLDLINE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SITE OR THE CONTENT. COLDLINE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND MAY BE INTERCEPTED. COLDLINE DOES NOT WARRANT THAT THE WEBSITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR ELECTRONIC COMMUNICATIONS SENT FROM COLDLINE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL SUCH REPRESENTATIONS, WARRANTIES, AND CONDITIONS ARE EXCLUDED, EXCEPT TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability
IN NO EVENT SHALL COLDLINE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACTS, REVENUE, DATA, INFORMATION, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF COLDLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES SHALL COLDLINE BE LIABLE FOR ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS, OR FOR THE UNAUTHORIZED OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED ON THE SITE.
Duty to Limit Damages
Notwithstanding the limitation of liability, you shall take all reasonable steps to limit your damages in connection with any claim or action (whether for negligence, breach of contract, or otherwise) you intend to bring against COLDLINE.
Communications
All references to "written," "communications," "notices," and similar expressions shall include electronic communication methods (e.g., email), provided that the party relying on the communication maintains acceptable evidence of its sending and receipt.
Exclusive Remedy
If COLDLINE fails to comply with its obligations under this Agreement, it shall cure the breach or, at its option, terminate this Agreement by posting notice on this website. To the maximum extent permitted by law, this provision expresses your sole and exclusive remedy in the event of any breach by COLDLINE.
Entire Agreement and Severability
This Agreement constitutes the entire agreement between COLDLINE and you regarding your use of the Site. Any legal action related to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Agreement shall remain in full force and effect.
Third Party Rights
Except as expressly provided in this Agreement, a person who is not a party to this Agreement may not enforce any of its terms.
Jurisdiction
This Site is controlled, operated, and administered by COLDLINE from its headquarters in Italy. COLDLINE makes no representation that the materials on this Site are appropriate or available for use in locations outside of Italy; access from territories where their contents are illegal is prohibited. If you access the Site from locations outside of Italy, you are responsible for compliance with all applicable local laws. This Agreement is governed by Italian law, without regard to its conflict of law provisions. The Court of Padua shall have exclusive jurisdiction over any dispute arising from this Agreement.