TERMS OF USE OF THE MYAGONISM WEBSITE

The MYagonism website (hereinafter the "Website") is operated and managed by MYagonism S.r.l. We are a company incorporated under the laws of Italy, with registered office at Via Corsica 143, Brescia, VAT and Fiscal Code Number 03532230988, registered with the Company Register of Brescia with the number BS-542093 (hereinafter "MYagonism", “we”, “us” or “our”). We are the provider of the services on the Website, which allows you to download and use the software platform, applications and other digital content and material on your computer, smartphone or other mobile device ("Services").

These terms and conditions of use ("Terms of Use"), together with the Applications End User License Agreement ("EULA"), govern your use of the Website and of any of the Services available through the Website. We invite you to carefully review these Terms of Use before continuing to access or using the Website. These Terms of Use apply to all visitors to, or registered users of the Website.

By accessing or using the Website and the Services you confirm your full acceptance of these Terms of Use. If you do not accept these Terms of Use, do not use the Website and the Services. We reserve the right to terminate or suspend your access or use of the Website and/or any of the Services if either: (a) we reasonably consider that you have breached these Terms of Use, or (b) we consider it necessary to do so for security purposes.

We reserve the right to change, modify, revise, add or remove portions of these Terms of Use by updating this posting, at any time and without prior notice to you. Changes to these Terms of Use will be displayed on the Website and communicated by email or other message to registered users. Your use of the Website and the Services will be subject to the most current version of these Terms of Use posted on the Website at the time of your use. We recommend that you check the Website from time to time to inform yourself of any changes in these Terms of Use. By continuing the access and use of the Website and the Services following the posting of changes you accept and agree to the changes.

TRADE MARKS AND LOGOS

The MYagonism mark and all other trademarks, trade names, logos, products or services names displayed on the Website are the exclusive property of MYagonism or of third parties ("Trade Marks"). These Terms of Use do not allow you to use the Trade Marks and any use of the Trade Marks in any manner is strictly prohibited.

WEBSITE CONTENT, COPYRIGHT

All copyright and all other intellectual property rights or other proprietary rights in and to the Website and the Services offered thereon, including without limitation the software platform, any HTML code and other computer code contained therein, text, graphics, user interfaces, scripts, artwork, photographs, images, designs, video and audio material and any other materials that appear as part of the Website or of the Services (collectively, "Content") are the exclusive property of MYagonism or its licensors. The Content is protected by intellectual property laws, including national copyright laws and international treaties around the world. Any use of the Content not permitted under these Terms of Use is strictly forbidden. If you breach any condition herein we can automatically terminate and cancel your authorisation to visit and use the Website.

REGISTRATION AND ACCOUNT

Some sections of the Website can be freely accessed. However, to use the Services available on the Website you need to register and create an account ("Account"). To create an Account, you will need to provide certain personal data, including an e-mail address and password to access your Account. To this purpose, you agree to: (i) complete the registration form with correct and updated information ("Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to us, keep it accurate, current and complete.

Your log-in data are personal to you only. You are exclusively responsible for keeping your log-in data confidential and not disclosing it to any third party. You are responsible for and assume all risks and liability for any use of your log-in data. MYagonism reserves the right to disable your Account, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

Your personal data will be processed in accordance with our Privacy Policy, accessible here

AVAILABILITY OF THE WEBSITE AND THE SERVICES

You acknowledge that the Website and the Services offered thereon are evolving and the form and nature of the Website and the related Services may change from time to time without prior notice to you.

We endeavour to keep the Website and the Services always accessible and to verify that the information published on the Website is correct. However, we disclaim any warranty with respect to the accuracy and completeness of any information displayed on the Website and shall not be liable if, for any reason, the Website and/or any Services cannot be accessed at any given time and for a certain time. We reserve also the right to change at any time the Content of the Website, including the description of the Services, without prior notice and to stop (permanently or temporarily) providing any of the Services.

Your access to the Website and/or your use of the Services may be temporarily suspended in the case of system error, maintenance or repair times, or for any other reason beyond our reasonable control. You acknowledge that MYagonism is not liable for any loss or damage resulting from the suspension or termination of your access to the Website and/or the Services, including loss of data.

YOUR USE OF THE WEBSITE AND THE SERVICES

You are permitted to use the Website, the Services and the Content for your personal use only and always in compliance with these Terms of Use. You may not and may not permit, assist or allow any third party to:

  • copy, reproduce, publish, transmit, distribute, perform, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, license or otherwise distribute the Website or any Content, including but not limited to mirroring, framing or linking, to any other computer, server, web site;
  • access or use the Website, the Services or any Content for any commercial purposes, including any advertising or advertising revenue generation activity on your own web site;
  • se any deep-link, page-scrape, robot, spider or any other automatic or manual processes, to access, acquire, copy or monitor the Website, the Services or the Content or any portion thereof, or in any way reproduce the structure or presentation of the Website, the Services or any Content, or circumvent any copy-protection devices, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
  • attempt to access any portion or feature of the Website you are not allowed to without authorization, or any other systems or networks connected to the Website or any MYagonism server, by hacking, password mining or any other illegitimate means. You may not use anyone else’s password or Account at any time without the express permission and consent of the holder of that password or Account;
  • probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any customer of MYagonism, or exploit the Website or any Service or information made available or offered by or through the Website, nor use the Website, the Services or the Content for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of MYagonism or others;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or with any other person’s use of the Website.

PAYMENTS

Access to the Website is free, however the access and use of certain Services may be subject to the payment of a subscription fee. If you decide to use any of our paid Services, you agree to pay us the applicable fee, plus any tax (if due). Failure to pay the subscription fee will entail inability to access the relevant Service.

Payment can be made through the Paypal service. Please note that your purchase may be subject to foreign exchange fees or differences in prices based on location.

The download of the Service can be interrupted at any time before completion of the download. In this case you will not incur any cost. However, you acknowledge that once the download of the Service is completed you are no longer entitled to withdraw from your purchase. You may interrupt the use of any paid Service at any time by not renewing the subscription when due. You acknowledge that any interruption of the use of a paid Service before the expiration of the subscription period will not entitle you to any reimbursement of the fees already paid. To interrupt the payment you must access the Settings of your Pay Pal Account, select “Automatic Payments”, and than cancel the one against MYagonism.

You may retrieve copies of your invoices in the Setting of your Account, and than click on “My Invoices”.

USERS CONTENT AND FEEDBACK

The Website and the Services offered thereon allow you to create, upload, and share information with other users. You are the authorized owner of all the information, images and other content you upload on the Website (the "User Content") and you can decide who can see the User Content by choosing the relevant set-up when creating your Account or at any time thereafter by accessing your "Personal Data" section within your Account on the Website from your computer and/or mobile device. MYagonism will exclusively use the "User Content" for the purposes described in our Privacy Policy.

By posting any User Content, you represent and warrant that you have the lawful right to use, distribute and reproduce the User Content. When posting any User Content, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our Services any information or materials:

  • that are unlawful, libellous, defamatory, harassing, threatening, obscene, indecent, seditious, offensive, pornographic, such as to incite racial hatred, discriminatory or discriminating, menacing, scandalous, blasphemous, damaging to obligations of secrecy, prejudicial to privacy or publicity rights or that may in any way cause annoyance or harm to others;
  • for which the necessary licences or approvals have not been obtained or would violate the rights of any party or any local, state, national or international law; or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • that represent or encourage forms of behaviour that may be considered to be offences, that may determine someone’s liability, that are in any way against the law, public order or good conduct or that harm third-parties’ rights anywhere in the world;
  • that could cause damage, including, without any restrictions whatsoever, computer viruses, logic bombs, Trojan horses, worms, malware, defective components, corrupt data or other software with harmful content or capable of causing damage;
  • that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or that provides private information of any third party including addresses, phone numbers, email addresses, Social Security numbers and similar information;
  • that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using and benefiting from our Services.

You agree to indemnify and hold MYagonism and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post, transmit or otherwise make available through the Website and Services.

Please note that MYagonism welcomes any feedback, suggestions or idea (the "Feedback") that you submit to the Website. However any Feedback sent to complaints@myagonism.com or to info@myagonism.com shall be deemed non-confidential. We reserve the right to use such Feedback on an unrestricted basis, including but not limited to copy, reproduce, publish, transmit, distribute, display, post, modify, translate, incorporate in other materials and in any other way commercially exploit it. MYagonism shall have the unlimited right to use any ideas, concepts, know-how, or techniques contained in any Feedback you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

THIRD PARTIES' CONTENT

The Website may include content of and provide links to third parties, advertisers and corporate partners websites (collectively the “Third Party Content and Sites”). MYagonism has no control over Third Party Content and Sites. Access to any Third Party Content and Sites is at your own risk and MYagonism accepts no responsibility for it or for any loss or damage (including damages or losses to your equipment, hardware or software) that may arise from your use of or reliance on Third Party Content and Sites or connected with any purchase of products or services available on Third Party Sites.

DISCLAIMER - LIMITATION OF LIABILITY

The access and use of the Website and Services offered thereon is at your sole risk. MYagonism will not be liable for any damage arising from your use of information or materials available on the Website or through the Services, nor for any reliance you may have made on said information or materials. If you are not satisfied with the Website or any Service thereon, the only remedy available to you is to cease any use of the Website and/or the Services.

The Website and the Services are provided on an "AS IS" and "as available" basis. MYagonism expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranty of accuracy and completeness, non-infringement, merchantability or fitness for a particular purpose of the Website and/or the Services. MYagonism makes no warranty that: (i) the Website and/or the Services will be secure or error-free, uninterrupted or that any error will be corrected; (ii) the results that may be obtained from the use of the Website and the Services will be accurate or reliable, (iii) the quality of any applications, products, services, information or other material obtained by you through the Website or the Services will meet your expectations.

To the extent permitted by applicable law, MYagonism will not be liable to you for any damage or loss, arising from or connected to the use of the Website or any Services or any information available on the Website or any Third Party Content and Sites, including without limitation (i) loss or damage of data; (ii) loss or damage to your hardware; (iii) loss of incomes or revenues; (iv) interruption of business.

Nothing in these Terms of Use is intended to or shall be construed to limit or exclude our liability for gross negligence, or any other liability which cannot be excluded or limited under applicable laws.

GENERAL TERMS

These Terms of Use, together with the EULA and the Privacy Policy constitute the entire agreement between you and MYagonism concerning your use of the Website and the Services.

These Terms of Use are governed by the laws of Italy. Subject to rules on mandatory jurisdiction set forth by the applicable laws on protection of consumers, the Court of Milan shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Website, the Services and/or in connection with these Terms of Use

APPLICATION END USER LICENCE AGREEMENT

The software platform, contents and digital materials ("Applications") made available through the Website are licensed, not sold, to you. Before downloading and using an Application you must accept this Application End User Licence Agreement ("EULA"). The terms of this EULA will apply to each Application that you download through the Website. Any Application that is subject to the licence granted under this EULA is referred to herein as the "Licensed Application(s)". MYagonism reserves all rights in and to the Licensed Applications not expressly granted to you under this EULA.

  1. SCOPE OF THE LICENSE
  2. The licence for the Licensed Application granted to you by MYagonism is limited to a personal, worldwide and non transferable license to use the Licensed Application exclusively on the computer, smartphone or other mobile device (the "Devices") that you own or control. The download and use of certain Licensed Application may be subject to the payment of a subscription fee. Failure to pay the subscription fee will prevent you from downloading and using the relevant Licensed Application. You shall not rent, lease, lend, sell, transfer, redistribute, or sublicense the Licensed Application to any third party. You shall not copy (except as expressly permitted by this EULA), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates and/or upgrade, or any part thereof. Any attempt to do so is a violation of MYagonism and its licensors' rights. This licence will govern any update, upgrades or new release provided by MYagonism, unless such update, upgrade or release is accompanied by a separate licence in which case the terms of that license will govern.
  3. USE OF YOUR DATA
  4. You agree that MYagonism may collect and use technical data and related information - including but not limited to technical information about your Devices, system and application software, and peripherals - that is gathered periodically to facilitate the provision of software updates, product support, and other services to you related to the Licensed Application. MYagonism may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide new services to you. Furthermore, and only upon your consent, MYagonism may collect some personal data of the user. Personal data collected by MYagonism, also after their processing and combination with other information, may allow the identification of the user. For further information on how MYagonism processes and uses your personal data through its Services and Applications please read our Privacy Policy.
  5. TERMINATION OF THE LICENSE
  6. The licence is effective until you keep using the Licensed Application. This license may be terminated and your rights under this licence will terminate automatically, without any notice from MYagonism, if you fail to comply with any term(s) of this licence or if you fail to pay the relevant subscription fee. Upon termination of the licence, you will not be allowed to use the Licensed Application and you shall eliminate all copies, full or partial, of the Licensed Application from your Devices.
  7. THIRD PARTY MATERIALS AND SERVICES
  8. The Licensed Application may enable access to MYagonism and/or third-party services and websites (collectively and individually, "Third Party Services and Sites"). Third Party Services and Sites are provided solely as a convenience to you and any information provided thereof is for general informational purposes only and should not be relied on. Access and use of Third Party Services and Sites may require Internet access and may require you to accept additional terms. You understand that by using any Third Party Services and Sites you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. You agree that any use of Third Party Services and Sites is at your sole risk and that MYagonism shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. You agree that Third Party Services and Sites may contain proprietary content, information and material that is owned by MYagonism and/or its Licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree not to use such proprietary content, information or materials in any way whatsoever except for permitted use of the Third Party Services and Sites or provided for by this EULA. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Services and Sites in any manner, and you shall not exploit the Third Party Services and Sites in any unauthorised way whatsoever.
  9. DISCLAIMER AND LIMITATION OF LIABILITY
  10. MYagonism does not make any warranties about the Licensed Applications and in particular does not warrant that:
    (i) your use of the Licensed Applications will be uninterrupted or error-free;
    (ii) the Licensed Application will fit any specific purpose or will satisfy your expectations;
    (iii) the Licensed Applications will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion.
    MYagonism disclaims any liability relating to the preceding. You shall be responsible for backing up your own system, including any Licensed Application that is stored on your Devices. In no case MYagonism shall be liable for any loss or damage where it results from (i) a decision by MYagonism to suspend or terminate your access to the Licensed Application, or (ii) any action taken by MYagonism as a consequence to a suspected or ascertained violation by you of the terms of this EULA or for loss of income, business or profits, or any loss or corruption of data in connection with your use of the Licensed Application. Nothing in this EULA excludes or limits MYagonism liability for fraud, gross negligence, or for death or personal injury caused by its negligence.
  11. EXPORT CONTROL
  12. You acknowledge that the Licensed Application provided to you under this EULA may be subject to laws and regulations restricting its export, including the United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the use, export, re-export, import, sell or transfer of Licensed Applications.
  13. GENERAL TERMS
  14. Governing law and jurisdiction. This EULA is governed and construed in accordance with the laws of Italy without regard to its conflict of laws provisions. Any disputes or litigation arising from this EULA shall be submitted to the exclusive jurisdiction of the courts of Milan, Italy Waiver. You agree that failure by MYagonism to exercise or enforce any provisions of this EULA shall not be deemed a waiver of future enforcement by MYagonism of that or any other provisions. Assignment. You may not assign or transfer the rights granted to you in this EULA without MYagonism prior written approval. Any attempted assignment without such consent will be null and void.