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").
TRADE MARKS AND LOGOS
WEBSITE CONTENT, COPYRIGHT
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.
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
- 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;
- 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.
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
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 firstname.lastname@example.org or to email@example.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.