General Conditions of use
TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE
Effective Date: February 6, 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE.
Welcome to www.auroflex.it. The term "Site" refers to this website or application, including the configurator for labels and stencils, and to its entire content, features, design and functionality, IT solutions, graphical interfaces, etc.. This Site is owned and is managed by Auroflex S.r.l., Via Giovanni de Carlis n. 7, 91011, Alcamo (TP), VAT number 01809530817 (“Auroflex”).
By using this Site, you represent and warrant that you have read and accepted the following Terms.
Acceptance of Terms
- Acceptance of these Terms. In case of use of this Site, you, on your own behalf and for your organization, agree to abide by and be bound by the Terms in effect on the date of access (see “Effective Date” above). If you do not agree to be bound by these Terms or do not have the authority to bind your organization to comply with these Terms, please discontinue accessing or viewing this Site.
- Acceptance of changes to the Terms. The user declares to be aware that Auroflex has the right to modify these Terms any time. You understand that your mere continued use of the Site constitutes acceptance of the Terms and any changes. If there are any changes to these Terms, the “Effective Date” at the top of the page will be updated. Consequently, the user is requested to review these Terms each time he accesses the site.
- Legal capacity. You represent that you are at least 18 years of age and/or have the legal capacity to enter into legally binding contracts under applicable law in order to use this Site.
- Separation from other agreements. These Terms exclusively govern the use of this Site and are separate and independent from the terms and conditions of any other agreement entered into with Auroflex. If the user opens a personal account on the Site, the general conditions of sale of Labels applicable to the user and published on the Site will also apply.
Your rights and obligations
- Permitted Use. The user can access the Site and use it exclusively for the purpose for which Auroflex has made it available (the "Purpose"). In particular, the function of the Site is to promote Auroflex products and services and to allow the use of a configurator for the selection of labels to be printed. You may not access or use this Site or use the aforementioned configurator for any other reason other than the Purpose, including, without limitation, penetration testing or any other prohibited use set forth below.
- Accounts. In order to use this Site, the user may be required to register for an account. If foreseen and in the event that the user decides to open an account as possibly permitted by the Site, the user is entirely responsible for maintaining the confidentiality of their access credentials, if applicable, and for all activities carried out by anyone use your own account. The user undertakes to inform Auroflex immediately if he becomes aware of any unauthorized use of his account or other security breaches. Auroflex will not be liable for any losses you may suffer as a result of someone else using your account, with or without your consent, but your actions may give rise to liability if they cause harm to Auroflex or others subjects. The user undertakes not to use accounts owned by third parties without the explicit consent of the account holder and prior authorization from Auroflex. If the user opens a personal account on the Site, the general conditions of sale of Labels applicable to the user and published on the Site will also apply.
- Prohibited Uses. The user agrees not to make any use of this Site and the configurator connected to it that:
- is illegal, fraudulent or abusive;
- is defamatory or obscene;
- competes with the activities carried out by Auroflex, its commercial partners or licensees;
- offers access to the Site, its configurator or its content, for sale, assignment, sub-license or in any case makes the content available to third parties;
- violates the intellectual property or proprietary rights of Auroflex or third parties, including the creation of derivative works based on the Site;
- may interfere with the use and enjoyment of the Site by third parties;
- introduce viruses or other harmful programs or code;
- circumvent passwords, access controls, captchas, robot.txt scripts and other similar technologies aimed at protecting users and/or the intellectual property of Auroflex;
- store, extract or harvest personal data, intellectual property or any part of this Site;
- threaten the security of the Site or otherwise attempt to gain unauthorized access to the confidential information of Auroflex or its other customers, or to Auroflex's computer systems or networks connected to any of Auroflex's servers through hacking, password mining, or any other means;
- may damage, disable, overburden or compromise any Auroflex server or the networks connected to any Auroflex server; or
- disseminate unsolicited promotional or advertising materials, spam or similar materials, or any voluminous messages that could interfere with the operation of this Site or the enjoyment of this Site by other visitors.
- Links. You agree not to make any portion of this Site available as part of another website or application, via Internet hyperlink framing, caching, or otherwise, except with Auroflex's prior written permission. Auroflex reserves the right to disable any unauthorized link or frame. Auroflex specifically disclaims any responsibility for the contents of any third-party website or application that links to this Site, and for any harm that the user may suffer from third-party websites or applications that link to or include frames from this Site.
- User comments and discussion forums. Auroflex does not promote user comments that may be exchanged within the Site, even between users and creatives as indicated in the general conditions of sale of Auroflex products and services, where such features are made available on the Site, and such comments, in any case, they do not reflect the opinion of Auroflex. If the user posts a comment on this Site or communicates to other users or third parties through this site (if such functions are made available), he agrees to be entirely responsible for the content of his message and undertakes not to publish inaccurate material, which contains personal information of the user or of third parties, which promotes the sale of products or services or which violates the obligations of conduct of users set out in paragraphs 5 and 6 above. You acknowledge that anything you post will be considered non-confidential and not subject to any intellectual property rights. Furthermore, by posting content, the user grants Auroflex a limited license for the use, storage and copying of such content.
Purpose of the Site and Content
- User license on the configurator and on the Site. The Site offers the user the possibility of using software created by Auroflex to be able to select label models and be able to independently configure these labels according to the functions made available on the Site. This configurator , the source codes, the graphic and programming lay-outs and every aspect and solution connected to it, is the exclusive property of Auroflex and each and every use of the configurator is strictly bound to the rules set out in these Terms and the general conditions of sale that the user accepts when opening his personal account on the Site. Auroflex, owner of all intellectual property rights relating to the Site and/or the aforementioned configurator, grants the user a non-exclusive use license for the use of the Site and the aforementioned configurator, it being understood that this license is granted only to be able to proceed with the purchase of the labels and prints promoted on the Site and which may be unilaterally revoked by Auroflex at any time and for any reason without this implying requests for reimbursement, compensation for damages, compensation or anything else in favor of the user, except where otherwise established in the general conditions of sales accepted by the user during the process of creating the personal account and purchasing the labels.
- Intellectual Property. You acknowledge and agree that the Site and the configurator have been developed by Auroflex and its licensors at the expense of time, effort and money and constitutes valuable intellectual property and trade secret of Auroflex. The user also acknowledges that the Site including, by way of example but not limited to, texts, contents, photographs, video, audio and graphics, is protected by the rules on copyright and industrial property, including the rules Italian and international laws concerning trademarks, service marks, international treaties and/or other property rights and laws of Italy and of other countries of the world where applicable. The Site is protected as a collective work provided for by Italian and foreign copyright laws, as well as by the provisions of international treaties on the matter. All images, graphic and design solutions, ideas, concepts, artistic and graphic solutions, combinations, IT solutions and related source codes relating to applications for creating products such as labels and in general images created by Auroflex, and in general any source code, solution and device connected to the Site and/or Auroflex products marketed through the Site, any article or audio/video content published by Aurfolex on the Site, and other elements that make up the Site are protected works by the copyright and exclusive property of Auroflex or of the subjects who have granted it the use of it. The trademarks, service marks, trade names, logos, designs and sounds associated with the Site are the property of Auroflex or third parties which have licensed such IP to Auroflex. You agree to comply with all applicable copyright, trademark and other laws, as well as any additional notices or restrictions contained on the Site. You may download materials from the Site and/or print a reasonable number of copies for your personal use or within your organization, provided that each copy retains all copyright and other intellectual property notices.
- License. You acknowledge and agree that your access to and/or use of the Site does not grant you any ownership, right or license to the Site other than the limited right to use the Site in accordance with these Terms.
- Site Content. Availability. You acknowledge that the Site and configurator is provided as is (“AS IS” or “AS AVAILABLE”). User access is limited by the functionality of the Site and its applications, by the user's access levels and by these Terms. Auroflex reserves the right, at any time and without notice, to improve, modify, alter, suspend or definitively discontinue all or part of this Site and to limit or prohibit access to it.
- Links to Third Party Sites. For user convenience, this Site may include links and/or redirects to third party websites or applications. Auroflex has no control over third party websites or applications, is not responsible for their accuracy, content or security, and does not endorse the owners, content or services of third party websites or applications. The use of third party websites or applications is at the sole risk of the user, who is therefore invited to examine the terms and conditions and privacy policies of any third party before using the site.
- Global access. Auroflex S.r.l. is based in Italy and provides this Site for use by people who are located in the Italian territory. Auroflex does not guarantee that the Site or any of its contents are accessible or appropriate outside Italy, the user is responsible for ensuring compliance with local laws of any use of this Site on their part.
- DISCLAIMER OF WARRANTIES. You acknowledge and agree that this Site and its applications, including the label and print configurator, are provided by Auroflex on an "AS IS" and "AS AVAILABLE" basis, without any warranties or guarantees. To the fullest extent permitted by law, Auroflex disclaims all conditions, representations and warranties, express, implied, statutory or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, accuracy of information, system integration, non-infringement rights of third parties, peaceful enjoyment and uninterrupted or error-free operation.
- DISCLAIMER. Auroflex and its managers, employees, officers, agents, subcontractors, suppliers and licensors cannot be held responsible in any way towards the user for the use made by the latter of this Site and its applications including the configurator. To the extent permitted by law, Auroflex disclaims any liability to you for damages of any kind, foreseeable or unforeseeable, even if Auroflex or one of its agents has been advised of the possibility of damages resulting from your use of the Site , including, without limitation, direct, indirect, moral, incidental, material, punitive and consequential damages and damages for loss of use, loss of data, loss of goodwill, loss of profits, work interruption, damage to quality results or computer malfunction.
Rights and obligations of Auroflex in relation to user behavior and content submitted
- Use of Submitted Information. By transferring information to this Site, and unless otherwise agreed, you grant Auroflex, its affiliated companies, its service providers and its sublicensees permission to use such information in connection with the performance of their businesses, including, without limitation, the rights to: copy, distribute, transmit, reproduce, modify, translate and reformat your information. You agree that Auroflex may use any information collected in connection with this Site for data analysis purposes, including, but not limited to, benchmarking, modeling, consulting, insight creation, reporting and other analysis to provide, improve the quality and to commercialize the products and services of Auroflex. Where required by law, such use will be subject to obtaining the user's consent, i.e. anonymised and/or aggregated data will be used for analysis.
- Monitoring; Break. Auroflex, in its sole discretion, has the right to (i) remove or refuse to post any user content, (ii) disclose your identity or other information about you to any third party who claims that the material you post by you infringes your rights or in response to a subpoena, (iii) take appropriate legal action, including a referral to law enforcement, for any illegal or unauthorized use of the Site, and (iv) terminate your access to this Site and refuse to provide any further access to it or to any content. The user acknowledges that Auroflex cannot be held responsible for any damages that the user may suffer in relation to the exercise of these rights.
- Assignment. Auroflex may assign these Terms and your rights and obligations under them without your consent and at its sole discretion. You are prohibited from assigning any of your rights or obligations under these Terms.
- Reservation of Rights. The failure of Auroflex to exercise at any time any of its rights under these Terms will not be deemed a waiver of those rights. No consent or waiver will be considered effective unless presented in writing and signed by both parties.
Additional Legal Terms
- Applicable law and jurisdiction. You agree that any dispute arising out of or arising in connection with the Site or these Terms will be governed by the laws of Italy, without reference to principles of private international law which would require the application of the laws of any other jurisdiction. The user accepts that for any controversy the Court of Trapani will be exclusively competent
- INDEMNITY. To the extent permitted by law, you agree to indemnify Auroflex and its affiliates, employees, officers, directors, agents, assigns and assigns for any and all costs, claims, losses and damages (including attorneys' fees) incurred by or awarded against Auroflex as a result of your use of this Site or your violation of these Terms.
- Partial nullity. You acknowledge that in the event of a single paragraph or part of these Terms being invalid or unenforceable, recognized by a competent authority, the validity of the other paragraphs and these Terms shall not be affected.
- Restrictions. Auroflex reserves the right to limit, in its sole discretion, any feature, product or service on this Site to any person or geographic area. All offers relating to any feature, product or service made on the Site are void where prohibited by law. If you choose to access the Site from outside the Italian territory, you do so on your own initiative and under your sole responsibility to comply with applicable local laws. This Site is not intended for or licensed (a) for use in any territory or by any person or entity subject to export sanctions or restrictions under any laws applicable to Auroflex or you, or (b) in the where access to or use of the Site in a particular territory or by a particular person would subject Auroflex or its affiliates to any sanction, prohibition or restriction under United Nations Security Council resolutions or other laws or trade or economic sanctions regulations. You are prohibited from using, exporting or re-exporting this Site or any copy or adaptation of this Site in violation of United Nations Security Council Resolutions or applicable law.
- Entire Agreement. These terms and conditions of use constitute the entire agreement between the parties relating to the subject matter hereof.
How to contact us
- Contacts. Any requests for information in relation to these Terms must be sent via our contact form [or: by email to firstname.lastname@example.org].