Terms of Use

Terms of Use for Historia Vivens Web

This statement, together with the information contained in the “Privacy & cookies policy extended notice”, sets out the terms and conditions governing the access and use of the website Historia Vivens (hereinafter “this Site”), which is published at the web address http://www.historiavivens.eu

If you continue to browse and in any way use this Site, you signify to have read and understood this statement, to accept all the following terms, rules, conditions, clauses (together “Terms of Use”), and agree, without reservation, to comply with and be bound by them.

 

By using this Site you agree as well to be bound by any other terms, notices and guidelines published on this Site (hereinafter "Website Documents").

Please devote some time to read this information carefully. Thank you!

 

Index

 

These Terms of Use statement includes the following clauses:

01. Introduction

02. Definitions

03. Accessibility

04. Contents of this Site

05. Materials submitted by the Users

06. Images and photographs

07. Copyright, intellectual property rights and trademarks

7.1 Copyright infringement notices and counter-notices

7.2 Trademarks

08. Use of this Site

8.1 Unauthorized use, limitations to use and breaches of these Terms of Use

8.2 License to use

09. Privacy and Cookies. Personal Data Protection

10. Disclaimer of warranties

10.1 General disclaimer

10.2 Operation, functionality and availability special disclaimer

10.3 Software and computer viruses special disclaimer

10.4 Contents and information special disclaimer

10.5 Events and heritage sites special disclaimer

10.6 Third-party contents and websites special disclaimer

10.7 Third-party advertisements, sponsorship and promotions special disclaimer

11. Links to this Site

12. Limitation of Liability

13. Assumption of risks by the Users

14. Indemnification

15. Further provisions

15.1 Language

15.2 Applicable legislation and exclusive jurisdiction

15.3 International usage

15.4 Legal force, entire agreement, severability

15.5 No Waiver

15.6 Publishing (specific reference to the Italian Law)

16. Alteration to this Site

17. Updates and changes to these Terms of Use 

18. Consent to these Terms of Use

19. Additional information and contact

01. Introduction

 

This Site, which is owned and operated by its founders (hereinafter “HV Authors”), is the result of a free voluntary community of individuals, which is only partially structured and aimed to make available to the users of this Site (hereinafter “Users”) several educational, cultural and informative resources - created by the HV Authors themselves or in any way authorized by third parties - about Living History, Historical Reenactment, Experimental Archaeology, Folklore and Cultural Heritage of Europe. 

The accessing and using of this Site is free of charge, and no prior subscription or registration is required, but it is subject to the acceptance, in full and without reservation, of the following Terms of Use. The Users are warned that these Terms of Use do not perform either a sale or a service, consequently no joint venture, partnership, employment, or any fiduciary, commercial, or professional relationship between the Users themselves and the HV Authors do arise from using this Site. 

The Users acknowledge and agree as well to have read and understood these Terms of Use, and to be bound by them, in particular the disclaimer of warranty, the limitation of liability, the exclusive jurisdiction, and all other similar conditions eventually incorporated herein by reference. The Users are warned not to use this Site, if they do not agree with any of these Terms of Use. 

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02. Definitions

 

Please find here below the definitions of the terms displayed through this statement:

 

Site

The domain name Historia Vivens which is made available to the general audience at the web address: http://www.historiavivens.eu

 

Terms of Use

All terms, rules, conditions, provisions, disclaimers, legal notices and limitations of liability that govern the access and use of this Site by the Users.

 

Document

The statement about these Terms of Use, as revised from time to time, detailing and governing the use of this Site.

 

Website Documents

Any other disclaimers, notices and guidelines published on this Site now and in future, and/or incorporated into this Document by reference.

 

Applicable Laws

Any applicable local, national or international laws or regulations: any law, rule or regulation of any country and/or its subdivisions, any obligation under any licence in any country and/or its subdivisions, any lawful and binding determination or decision of a regulator in any country and/or its subdivisions.

 

HV Authors, “We“ or “Us”

The owner(s) and the publisher(s) or manager(s) of this Site, i.e. the legal or natural person(s) owning the web domain and in charge for the editing and maintenance of this Site, as well as their eventual successors.

 

User(s), “You”

Any individual using a public electronic communications service. In this context the term means the individual(s) using a computer or other devices to browse the Internet and this Site.

 

Contents

All data, information, and any kind of contents published on this Site, including, but not limited to, texts, photographs, artworks, graphics, and any other images, logos, trademarks, audio and video materials, presentations, brochures, files, data, technology, and in general all copyrightable or otherwise legally protectable items and elements contained on this Site, as well as its various features, functions, tools and services. In a few words anything that the Users may see, read, hear, download or access on or via this Site. Such Contents are created and owned by the HV Authors or by third parties, and therefore protected by copyright and intellectual property law. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Document.

 

Users’ Materials

All information, data, and any kind of contributions and copyrightable contents eventually emailed or in any way provided by the Users for whatever purpose, including without limitation texts, images, artworks, graphics, logos, audio and video materials, presentations, brochures, messages, suggestions, remarks, ideas, comments etc. The Users’ Materials do not represent confidential data, and do not involve any payment or any other compensation, as well as no automatic obligation of publication. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Document.

 

PDF (Portable Document Format)

The PDF file format is a common Internet file format. It is used for electronic distribution where it is important to keep the layout and feel of the original document, including fonts, colours and images. It is also useful because it can be used across many different types of computers and browsers.

 

Terminal equipment, Device

The computer or mobile device (e.g. tablet or smartphone) used to access and surfing the Internet.

 

Operating system, Platform

The platform is the system on which operating systems and programs operate. The term refers to the computer and the operating system together. Examples of platforms/operating systems are Windows, Mac OS X, iOS, Android, etc.

 

Web (World Wide Web)

The World Wide Web, simply known as the Web, describes the information access system, which is configured by way of web pages, documents and other web resources made with HTML or similar language, and programming mechanisms like java, JavaScript, PHP etc. Such web resources are identified by URIs, interlinked by hypertext links, and can be accessed via the Internet.

 

Internet

The Internet is a global system of interconnected private, public, academic, business, and government computer networks using the Internet protocol suite (TCP/IP) to link several billion devices worldwide by a broad array of electronic, wireless, and optical networking technologies. The Internet carries an extensive range of information resources and services, such as the inter-linked hypertext documents and applications of the World Wide Web, electronic mail, telephony, and peer-to-peer networks for file sharing.

 

Hyperlink

A hyperlink is a reference to data that the reader can directly follow either by clicking or by hovering. Hyperlinks point to a whole document or to a specific element within it. The term refers to the technique whereby users can browse different webpages on websites or on the Internet, simply by clicking on the text, icon, button or indicator which contains the link.

 

Hypertext

Hypertext is text with hyperlinks, i.e. a text displayed on any electronic devices with references (hyperlinks) to other text which the reader can immediately access, or where text can be revealed progressively at multiple levels of detail. The hypertext pages are interconnected by hyperlinks, typically activated by a mouse click, keypress sequence or by touching the screen. Hypertext is sometimes used to describe tables, images and other presentational content forms with hyperlinks. Hypertext is the underlying concept defining the structure of the World Wide Web enabling an easy-to-use and flexible connection and sharing of information over the Internet.

 

Uniform resource identifier (URI)

In computing, a uniform resource identifier (URI) is a string of characters used to identify a name of a resource. Such identification enables interaction with representations of the resource over a network, using specific protocols. Each URI is defined by schemes specifying a concrete syntax and associated protocols. The most common form of URI is the uniform resource locator (URL).

 

Uniform Resource Locator (URL)

The acronym URL is a reference (an address) to a resource on the Internet, i.e. a web address that specifies the location of that resource on a computer network, typically the World Wide Web, and a mechanism for retrieving it. Web browsers usually display the URL of a web page in a dedicated address bar. A URL has typically two main components, the protocol identifier and the resource name, and eventually the name of a specific web page. For example for the URL “http://www.example.com/index.html”, the protocol identifier is “http”, the resource name is ”www.example.com“, while “index.html” identifies the specific web page.

 

Internet Protocol (IP) address

Every device connected to the internet is assigned a number known as an Internet Protocol (IP) address and that can uniquely identify a specific computer or other network devices on the Internet. These numbers are usually assigned in geographic blocks.

 

Internet (Web) browser

A web browser (commonly referred to as a browser) is a software application for retrieving, presenting and traversing information resources on the World Wide Web.

 

Search engine

A third party website, through which visitors can submit queries and obtain clickable results.

 

Personal Data (Personal Identification Information, PII)

Any information that, either directly or indirectly, could potentially identify a specific individual personally, such as first and last name, home and email address, phone number or other contact details, age, gender, or anything else about a person allowing to contact, locate or identify a single person in context. Please find out more at: http://www.w3.org/TR/1998/WD-P3P10-harmonization-19980330.

 

Sensitive Personal Data (Sensitive Personal Information, SPI)

A particular category of personal data consisting of information relating to racial or ethnic origins, confidential medical facts (i.e. physical or mental health or condition), political opinions, religious or similar beliefs, sexuality, criminal offences or record of an individual.

 

Data Subject, “You”

The legal or natural person to whom the Personal Data refers, i.e. whose personal data is being collected, stored and processed.

 

Non-personal Identification Information (NPI)

This specific category of data usually includes the browser name, the type of computer and technical information about people’s means of connection to the Internet, such as the operating system and the internet service provider (ISP). As a rule, non-personally identifiable information is anonymous and not used to identify a specific person.

 

Cookies and equivalent technologies

Cookies are a simple and harmless piece of data in the form of a very small text file containing an identity code, typically of letters and numbers. Cookies are downloaded to the users’ devices when they visit a certain website. Cookies are then sent back to the originating website on each subsequent visit, for recognising the specific browser/computer combination, so to distinguish each web user from the others, thus making the web pages and services accordingly customised. Cookies are not harmful, and cannot introduce viruses or extract personal information from the users' hard-drive.

This Document refers also to other equivalent technologies used for storing information, when cookies are not available/applicable, such as Locally Stored Objects (commonly referred to as “Flash Cookies”), HTML5 Local Storage, Silverlight, Java, web beacons (including transparent or clear gifs), pixel, and anything else designed to hold small amounts of data about the visitors of a website. For brevity and simplicity these technologies are all usually referred to as “cookies”.

 

Consent

Any specific and informed indication of wishes freely given by the Users.

 

Data Process (or processing)

Any activity that involves use of personal data, such as obtaining, recording or holding the personal data, as well as carrying out any operation or set of operations on the data itself, like organising, amending, retrieving, using, disclosing, erasing or destroying it.

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03. Accessibility

 

The HV Authors keep this Site up and running smoothly and as much as possible user-friendly, wishing to offer to the Users a variety of quality information about the Living History and Cultural Heritage in Europe with great care in their presentation and also in the technologic means used for the Site maintenance and operation.

The HV Authors wish everyone to be able to use this Site as fully as possible, regardless of what technology they are using, their IT skills or personal ability, and have therefore made every effort to design this Site to be accessible, useful, informative and pleasant to browse for anyone, compatibly with the available type of web editing software used. 

 

Browser support

This Site has been designed to operate on a wide range of browsers and operating systems. Before making any changes the HV Authors test that they work using the last versions of the browsers listed below:

  • Google Chrome
  • Internet Explorer
  • Firefox Mozilla
  • Opera
  • Safari

If Users have problems accessing any of the pages and contents on this Site, they should check they are using an up-to-date browser.

 

Colors, text and screen resolution

The colours used on this Site have been chosen to provide maximum contrast, easing the readability and minimising the difficulty for those with different kinds of colour blindness. Besides this Site has been made with dark templates in favour of energy saving and less visual stress.

If the Users find it easier to view information in a larger font than the standard font on these pages, they can easily adjust their browser to provide a larger text size.

This Site has been designed to be flexible for most standard screen resolutions and is best viewed at 1280x720 or higher.

 

Visual design

This Site uses cascading style sheets (CSS) for visual layout. If the Users’ browser or browsing device does not support style sheets at all, the content of each page is still readable.

 

Multimedia

This Site provides an increasing number of video clips with the aim to make its Contents more alive and pleasant and also available to people who find it easier to view rather than read information. Video clips are usually embedded from YouTube channels, but they may be also provided in Flash, and the Users should be aware that they need the latest Flash version in order to view them. 

 

PDFs and attachments

Some Contents featured on this Site are provided in PDF format (Portable Document Format). In order to access and read the PDF files, the Users are recommended to download the latest free version of Adobe Reader or any compatible PDF document readers available on the Web, which are usually available free of charge. 

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04. Contents of this Site

 

The Contents featured or in any way displayed on this Site are created and owned by the HV Authors or by third parties, and are therefore protected by copyright and intellectual property law as further detailed in section n° 7 of this information.

The Contents are offered free of charge, but conditioned to these Terms of Use, and may be subject to periodic revisions, due to changes, corrections or updates, or whatever improvement made at any time by the HV Authors or the third parties who created the Contents. The HV Authors reserve the right to remove, vary or amend any of the Contents of this Site at any time and without prior notice.

The Contents do not represent any provision of services or products, commercial offering, licensing, consulting between the HV Authors and the Users since they are developed outside of any fiduciary or professional relationship,

The Users should be aware that the Contents published on this Site may refer to events, places, products or services that are not available in each country.

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05. Materials submitted by the Users

 

This is a family friendly website, and the HV Authors will refuse any unlawful and immoral Materials, including but not limited to Materials harmful to children, or violative of third party privacy rights, or inconsistent with the generally accepted practices of the Internet community.

The HV Authors keep the right to freely post and use the Users’ Materials at any time and in their sole discretion and for any purpose whatsoever related to their mission, without compensating the Users themselves or anyone else for the use of such Materials in any way.

The HV Authors reserve as well the right in their sole discretion to post, edit, remove, suspend or disable access to any Materials submitted by the Users, or in any way hosted or published upon this Site, in case of non compliance with this Site purposes or with these Terms of Use, at any time, without prior notice and without liability.

The HV Authors are free not to accept or consider the Users’ ideas, concepts, suggestions, or any other communications. The Users agree that unsolicited Materials will be treated as non-confidential and non-proprietary. This is to avoid any misunderstandings if the Users’ ideas look apparently similar to those independently developed by the HV Authors themselves.

 

The Users’ Materials are the exclusive responsibility of the Users who provided them and who therefore accept the full liability and responsibility for any submission to this Site, including but not limited to the precision, quality, truth, reliability, appropriateness, usefulness, safety, originality, legality, non infringement and title of such materials, and their compliance with these Terms of Use.

The Users do warrant and represent to own the entire right, title and interest in and to the Materials they submit, or to have all necessary licences, rights, consents and permissions to use such materials in any way without infringing any third-party copyright, trademark, privacy or other intellectual property rights.

Under no circumstances the HV Authors shall be held liable in any way for any Users’ Materials or for any losses or damages of any kind arising out of or connected with the availability and use of any of such Materials posted, emailed or otherwise made available via this Site.

 

In details the Users’ Materials are (will) not considered acceptable every time they:

  • are defamatory, harmful or offensive of any person, obscene, indecent and/or otherwise objectionable;
  • promote sexually explicit material or violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • carry hateful or inflammatory content, incite racial or religious hatred, or contain in any way expressions of hatred, bigotry, racism or pornography;
  • are likely to threaten, harass, upset, embarrass, alarm any person, abuse or invade another's privacy and publicly rights, or cause otherwise annoyance, inconvenience or anxiety;
  • advocate, promote or assist any unlawful act and any illegal activity;
  • violate any law, or encourage conducts that would amount to a criminal offence or give rise to civil liability;
  • have been subject of any threatened or actual legal proceedings or other similar complaint, or are generally capable of giving rise to legal action whether against the Users themselves, the HV Authors or any third partyies;
  • are made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • infringe the copyright, trademark, publicity and privacy right or other intellectual property rights of any third parties;
  • contain viruses or any other computer code, corrupt files or programmes designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment of any person;
  • are aimed to deceive and impersonate any person, or to falsely state or otherwise misrepresent the identity of the Users or their affiliation with any person or entity;
  • include personal or identifying information about another person without that person's explicit consent, or that is false, deceptive, misleading, deceitful, or misinformative, and represents falsehood(s) or misrepresentation(s) that could damage any third party;
  • are directly or indirectly commercial in nature, contain any promotion, advertising or solicitation of business, funds, goods or services (except in the areas of this Site specifically designated for such purpose).

 

The Users grant to the HV Authors each and every consent that may be required by any copyright and intellectual property laws, now or in future in force, in any part of the world, to use such Materials in compliance with these Terms of Use.

By submitting their Materials in any form to this Site, the Users hereby waive any and all legal and moral rights in connection with such materials, and automatically grant to the HV Authors in perpetuity a royalty-free, world-wide, non-exclusive, sub-licensable (through multiple tiers), and assignable right and license -but not the obligation- of the entire right, title and interest in and to such materials, whether in whole or in part or copies of the same, to store and use the Users’ Materials without any limitation and according to this Site editorial guidelines and layouts, as well as the rights to modify, adapt, edit, reformat, translate, create derivative works from, incorporate into other works, rent, lease, license, copy, display, exhibit, reproduce, promote, publish, transmit, distribute, publicly perform, play, broadcast, or otherwise communicate and make the Users’ Materials available to third parties, in any format and language, via all distribution channels in all media now existing or later invented.

The Users grant to the HV Authors also the right to bring an action for infringement of these rights.

 

The HV Authors do not claim any copyright or any intellectual property right on any of the Users’ Materials, and try to ensure the publication of the related credits and links.

The Users do not obtain any license or right in any media and technology, or in any other form, support and Contents incorporating the Materials they submit to this Site.

At any time the Users can request the update, removal or cancellation of their submitted Materials by emailing the HV Authors at webmaster(at)historiavivens.eu (n.b. (at)=@), detailing the nature of such materials and their positioning on this Site, and the relevant reason for their eventual removal. The HV Authors shall evaluate the request and give their answer within thirty (30) business days from the date of their receipt of the Users’ request.

If the Users do not want to fully comply with the above detailed conditions, they are recommended not to submit any Materials to this Site.

 

The HV Authors remind that the Users’ Materials may refer to events, places, products or services from all over Europe, therefore not necessarily available in each country.

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06. Images and photographs

 

This Site hosts in several sections and pages a variety of photographs, illustrations, drawings, artworks and graphics (hereinafter "Images"), that are to be intended purely for illustrative purpose, and are usually accompanied by the respective descriptions and credits, including, if available, the name of the author and the website of origin.

 

All Images published on this Site, are the exclusive property of the HV Authors or of the credited third parties, and therefore are protected by copyright and intellectual property law. 

The Images often represent photographs shot by the HV Authors, or design creations drawn by the HV Authors with dedicated video-graphic programs. Other Images such as, but not limited to, artworks, paintings, sculptures, posters, DVDs, CDs and books covers, belong to the respective artists, art galleries, museums or publishers unless the related copyright has already expired.

The Images emailed, submitted, or in any way provided by the Users are published in compliance with copyright and intellectual property law, therefore reporting the related credits.

The posters, flyers and any other similar graphics eventually published on this Site are either submitted by their creators or owners, or taken from freely available public sources on the Web.

Photographs referring to events, heritage sites or any travel destination are to be intended only for illustration and information purpose, representing the related event, site or destination as they looked when the photograph was taken, without any warranty that such events, sites or destinations have not changed since then.

Please be aware that this Site may contain also images of deceased people.

 

While every attempt has been made to establish the proper copyright in all the Images reproduced on this Site, this task has proved to be impossible in few cases. The HV Authors apologise for any inadvertent infringement of copyright, and will be grateful for notification of any errors or omissions.

The Users who reasonably believe that this Site contains Images infringing any copyright and intellectual property law should immediately notify the HV Authors by email, reporting the correct credits or asking to remove the unauthorized Images. The HV Authors will consequently process the request within thirty (30) business days, unless receiving a counter-notification from the Users who originally provided such Images.

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07. Copyright, intellectual property rights and trademarks

 

This Site is protected as a collective work of the HV Authors by copyright, trademarks, moral rights, and any other similar laws relating to the protection of the intellectual property rights, and is the exclusive property of the HV Authors. The HV Authors reserve all rights that are not expressly granted to the Users under these Terms of Use.

All Contents and Users’ Materials are protected as well by the intellectual property rights. The Users should be aware that some Contents published on this Site remain the intellectual property of third parties.

This Site and all its pages and Contents cannot:

  • be copied, reproduced and republished in other electronic or printed publications, media and documents (including the republication on another website), or in any other way;
  • be mirrored, modified, adapted and otherwise altered for rebroadcast;
  • be in any way transmitted, distributed, communicated to the public and disseminated over computer networks or other media now or in the future available;
  • be otherwise used without the prior written permission of the HV Authors or (as applicable) of their respective owner(s).

Further, by accessing and using this Site the Users expressly agree not to change or delete any proprietary notices from the Contents eventually downloaded from this Site, and to abide by all additional copyright notices, information, or restrictions eventually contained in such Contents.

 

7.1 Copyright infringement notices and counter-notices

The HV Authors take very seriously the protection of the intellectual property rights of any third parties, and try their best to verify the Contents and to respect the relevant copyright.

The Users, who reasonably believe that any Contents on this Site are unauthorized or infringing any copyright and similar property rights, should send a notice by email at the address webmaster(at)historiavivens.eu (n.b. (at)=@), attaching a copy of their personal identity document (such as a government/state issued photo id, a passport, a drivers license, a military ID etc), specifying the type of their request, and reporting the correct credits to be published or forwarding the request to remove the unauthorized Contents. 

The Users who report a copyright or intellectual property infringement, whether they are the actual rights-owners, or a person authorized to act on behalf of the rights-owner(s), are asked to provide the following information:

  • their name, e-mail or postal address, telephone number and any information reasonably sufficient to permit the HV Authors to contact them;
  • a personal identity document of the claimant (i.e. the rights-owner or the person duly authorised to act on its behalf);
  • a description of the unauthorized Contents that are claimed to be infringing together with reasonably sufficient details of their positioning on this Site (including a URL and/or screen shot). In case several proprietary Contents are to be covered by a single notification, a representative list of such materials should be provided;
  • a statement of good faith belief that the use of the reported Contents is not authorized by the rights-owner, or the rights-owner's agent or by the laws in force;
  • a statement made under the penalty of perjury that the information provided in the notification is true and accurate, and that the claimant is the rights-owner or is duly authorised to act on the rights-owner's behalf;
  • the evidence of the copyright or intellectual property rights ownership on the reported Contents, or the authorization to act on behalf of the actual rights-owner.

As soon as the HV Authors become aware, through the above mentioned notice of infringement or in any other way, that the claimed Contents are otherwise copyrighted, the HV Authors will provide the necessary credits correction, or removal or disabling of such Contents. The HV Authors will process such requests within thirty (30) business days.

The Users who, however, reasonably believe that no copyright or intellectual property rights has been violated, and the infringement notice is not legally and morally founded, as they are the real owners, or anyway authorized to release and use such Contents, should send a counter-notice at the address webmaster(at)historiavivens.eu (n.b. (at)=@), including the following information:

  • their name, postal address, phone number, e-mail address and any information reasonably sufficient to permit the HV Authors to contact them;
  • a personal identity document of the counter-claimants, whether they are the actual rights-owner or persons authorized to act on its behalf;
  • a description of the Contents that have been wrongly removed or disabled, or which credits have been corrected, and their positioning on this Site before their removal or disablement;
  • a statement by the counter-claimant of good faith belief that the alleged infringement of the removed or disabled Contents is due to incorrect identification of the copyright and/or intellectual property rights, and that their use is authorized;
  • a statement by the claimant of good faith as to the veracity of the above referred information;
  • the evidence of actual ownership of the copyright or intellectual property rights on the removed or disabled Contents, or the authorization to act on behalf of the actual owner of such rights.

By receiving a counter-notice the HV Authors may send a copy of it to the original claimant informing that the removed or disabled Contents will be republished re-enabled, or the correct credits restored, within thirty (30) business days, unless the arguing parts will start a legal action.

 

7.2 Trademarks

The “Historia Vivens” name, logo, and any icons identifying this Site, or associated with this Site, are proprietary trademarks of the HV Authors, and cannot be copied, imitated or used in any way, in whole or in part, without the prior written permission of the HV Authors. Detailed requests can be sent to: webmaster(at)historiavivens.eu (n.b. (at)=@).

All other trademarks, registered trademarks, product names and company names or logos eventually mentioned or used on this Site are property of their respective owners and protected by patents and/or copyrights granted or registered under current legislation. Any use of such trademarks without the prior express written permission is therefore prohibited.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by the HV Authors.

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08. Use of this Site

 

This Site with all its pages and Contents is freely available to the Web community and the general audience, and may be used solely for personal, non-commercial purposes, in compliance with these Terms of Use and the international copyright and intellectual property law.

The Users represent and warrant to access and use this Site and its Contents in good faith and in compliance with:

  • all relevant laws and regulations, including, without limitation, those concerning the Internet, copyright and intellectual property, privacy, data transmission and email;
  • these Terms of Use and any other notice or instructions made available either through this information or in any other Website Documents;
  • the generally accepted rules of coexistence, public order, moral and good customs, as well as the Web use general conditions.

The Users agree that the access to this Site is performed under their exclusive and sole responsibility, and that they solely will respond for any damages or prejudices they may cause to any third parties or to the HV Authors.

In details, the Users are permitted to download, retrieve and display Contents and any other information from this Site on a computer screen (or other devices), to print individual pages on paper, and to store such pages in electronic form on disk for their personal non commercial use, or eventually for internal use within their organisation.

The use of Contents for any other purpose is prohibited without prior written consent from the HV Authors. The relevant requests must be emailed to the HV Authors at the address webmaster(at)historiavivens.eu. The Users are kindly recommended to give details of their intended use of the specific Contents they are interested in, and to include their contact reference (name, address, telephone number, fax number and email).

The authorization to reproduce materials which are identified as being copyright of a third party must be obtained directly from the concerned copyright holder, emailing or otherwise contacting them, and informing the HV Authors as well.

The Users should be aware that all authorized reproductions of this Site and its Contents in paper or electronic documents and publications, or on the Web, require a proper crediting, i.e. to mention the author of the work, to acknowledge the source, and eventually to mark the quoted passage without any changes. Consequently it is mandatory in case of paper-works to specify this Site reference both in a footnote and in the bibliography, while in electronic publications and on websites, blogs and social media to insert a link to this Site after the relevant quotation.

 

8.1 Unauthorized use, limitations to use and breaches of these Terms of Use

Without limiting other restrictions, the Users agree not to use this Site and its Contents:

  • in any manner that may cause damages of any kind to this Site, such as disabling, impairing, putting it in danger, compromising its integrity and performance, or otherwise restrict, inhibit and in any way interfere with its free availability, accessibility, use and enjoyment by anyone else;
  • for purposes which are harmful to third-party rights and interests, or which could in any way damage, put out of use, overload, deteriorate or impede the normal use of the computer equipment and all types of contents stored in any hardware and software that are owned or used by any third parties;
  • to add, delete, distort, misrepresent or otherwise portray in a false, misleading, derogatory or otherwise objectionable manner this Site, its Contents and the HV Authors;
  • in any way that breaches these Terms of Use and the Applicable Laws, and that is unlawful, illegal, prohibited, fraudulent or harmful, or used to commit fraud or any other activity that is prohibited by criminal or civil law;
  • to send, or in any way submit to this Site any unlawful, offensive, harmful or otherwise objectionable materials, including those offering to sell the following “goods”: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods or services, as well as instructions on making, assembling or obtaining such illegal goods or weapons;
  • to knowingly transmit, send, or distribute in any way data and materials that contain any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • to conduct any systematic or automated data collection activities on, or in relation to, this Site by using any data mining, robots, or similar data gathering and extraction tools;
  • to download, collect and store Contents from this Site with the purpose to create an own database, and also to modify, edit, adapt, transform, translate, or otherwise create derivative works upon them;
  • to sell, license, sublicense, rent, assign, transfer or otherwise commercially exploit, or display, exhibit, reproduce, reprint, republish, or otherwise make publicly available in any way and by any means this Site and its Contents to any third parties for commercial gain, in violation of These Terms of Use, or a written license from the HV Authors (except for the Contents specifically and expressly made available for redistribution);
  • to delete, manipulate or in any other way alter the “copyright” and other reserved rights, to use framing or similar navigational technology (e.g. Iframes or screen scrapers), and to display this Site and its Contents in any way;
  • to spread materials that take part in, or allow any third party to take part in reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of the technology;
  • to transmit or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to use any Contents of this Site in promotional or marketing materials for their own business (whether in hard-copy form, electronically or otherwise);
  • to violate the security features, access without authority, interfere with, damage or disrupt any part of this Site, or any equipment or network on which this Site is stored, as well as any software used in the provision of this Site and owned by the HV Authors.

The Users are not allowed as well to copy ideas, features, functions or graphics from this Site.

The imitation either total or partial of this Site, or any similar process is absolutely prohibited. The look and feel of this Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the HV Authors, and therefore may not be copied, imitated or used, in whole or in part.

 

The Users should be aware that any violation of these Terms of Use and any unauthorized use of this Site may also violate the Applicable Laws and harm to copyright and intellectual property rights, trademark laws, privacy protection rules, and communications regulations and statutes, thus giving rise to a legally established liability and/or being a criminal offence which will be prosecuted by civil and criminal law.

The HV Authors will determine at any time, and in their discretion, whether the Users have breached in any way any of the Terms of Use set out herein by using this Site.

In case a breach has occurred, the HV Authors, without prejudice to their other rights under these Terms of Use, may take the actions they deem appropriate to deal with the claimed breach and to enforce these Terms of Use, including any technological, legal, operational action and any other available legal means.

Any breach of these Terms of Use may result in the taking by the HV Authors of all or any of the following actions:

  • immediate, temporary or permanent withdrawal of the Users’ right to use this Site (e.g. suspending or disabling the Users’ access to this Site etc);
  • immediate, temporary or permanent, removal of any Materials submitted by the Users;
  • issue of a warning to the Users;
  • legal proceedings against the Users for reimbursement of all costs, including, but not limited to, reasonable administrative and legal costs resulting from the breach.

The HV Authors exclude any liability for actions taken in response to breaches of these Terms of Use.

The Users are warned that the range of the possible responses to any breaches or violations of these Terms of Use is not limited to the above described actions, as the HV Authors reserve themselves the right to take any other action they reasonably deem appropriate and/or necessary.

 

8.2 License to use

Everything the Users view, access or download on or from this Site, as well as all files, all images incorporated in or generated by the web editing software in use, and all data accompanying it, are considered licensed to the Users by the HV Authors or third-party licensors for their personal, non-commercial home use.

The Users acknowledge and agree as well that no ownership, license or right under any patent, trademark, copyright or proprietary rights will be ever assigned or otherwise conferred to them on this Site and its Contents. 

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09. Privacy and Cookies. Personal Data Protection

 

The HV Authors respect the privacy and personal data of the Users and have implemented data collection and processing practices aimed at providing maximum security in the data use and storage, in compliance with the current EU and international legislation.

To that end the HV Authors have developed the “Privacy & cookies policy extended notice”, that the Users are warmly recommended to carefully read, as their continued use of this Site is deemed as their consent to the provisions contained therein.

This Site does not contain hidden technological tools able to obtain the Users’ Sensitive Personal Data, as such data collection does not belong to this Site activities and purposes.

This Site does not make use of first-party cookies, but may use third-party cookies set by analytics services, social media networks, content platforms, internet service providers, web editing tools and advertising companies.

Cookies are harmless small text files created by a web server, delivered through a web browser, and stored on a computer. The Users are free to refuse the cookies as they can configure their browser to reject them, but the denial of cookies might prevent the access to certain web pages and the full enjoyment of websites and their services.

The purpose of any data collection and processing eventually carried out by the HV Authors directly or through this Site is represented by the development of the Site itself, according to the likes, wishes and feedback from the Users, with the final aim to improve the quality of the Contents and services offered by and through this Site.

For more information about the privacy and cookies practices on this Site, the Users should kindly refer to the “Privacy & cookies policy extended notice” dedicated web page, where they will find out which and how personal information is eventually collected, processed and used, and for which purposes, and how the Users can manage the cookies eventually used, and finally also a variety of useful links for further reading on the subject.

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10. Disclaimer of warranties

 

10.1 General disclaimer

This Site and its Contents are provided strictly on an "as is", “as available”, “will all faults and risks” basis, solely as a convenience to the Users, with neither promises nor warranties of any kind in relation to this Site, its Contents and any other information on it.

To the fullest extent permitted by the Applicable Laws, the HV Authors hereby make no warranty, representation or guaranty and other terms and conditions of any kind, whether, express or implied, statutory or otherwise, with respect to this Site, its Contents, and any products or services eventually available on or through this Site, such as those of third party providers, including, but not limited to, any and all warranties of:

  • merchantability or fitness for a particular purpose;
  • satisfactory quality and suitability to Users’ requirements and expectations;
  • access, interconnection, use, quality, performance, functionality of this Site;
  • compatibility with any other hardware, software, system or data;
  • security and lack of viruses and other harmful components;
  • quality, accuracy, completeness, truth, reliability, usefulness, timeliness, currency and availability over time;
  • non-infringement of copyright and intellectual property rights or title;
  • free and quiet enjoyment by others.

The HV Authors disclaim as well any duties of reasonable care, workmanlike effort or lack of negligence in connection with this Site, its Contents, and any related services or information made available on or through this Site.

 

10.2 Operation, functionality and availability disclaimer

The HV Authors reasonably endeavour to ensure that this Site is normally available 24 hours a day, but they do not warrant that function, operation or accessibility of this Site will be timely, secure, error free or uninterrupted, and that any defects will be timely and effectively corrected.

Therefore the Users acknowledge and agree that the access and use of this Site may be subject to functionality interruptions or suspensions, limitations, delays, server down-time and other problems related to the Internet and electronic communications.

The HV Authors exclude any liability for any type of damage which may be due to the lack of availability, continuity or quality in the functioning of this Site and its Contents, by not complying with the expectation of use which the Users may attribute to this Site and to its Contents.

The HV Authors provide a search feature within this Site, but they explicitly disclaim any responsibility for the content or availability of information contained in the search index or directory, as well as for the completeness or accuracy of any directory or search result.

 

10.3 Software and computer viruses special disclaimer

The HV Authors use reasonable efforts to ensure that this Site and its Contents are suitable for use on a wide variety of computer systems, but they do not warrant their quality, safety, graphics and compatibility with all existing systems, i.e. that this Site and its Cotents are compatible with any third-party service or software. Therefore the Users are warned to take reasonable and appropriate precautions to ensure the compatibility of this Site and its Contents with their specific computer system. 

The HV Authors seek to take all reasonably necessary and adequate technical and organizational measures to protect this Site and its Contents from viruses, worms and any other harmful elements, by implementing advanced technologic means, well-cared managerial and organizational procedures and strict internal guidelines, as well as all the security features provided by their web services provider (Register.it, a subsidiary of the Dada Group).

Nevertheless no technological system is fully exempt from the risk of manipulation or sabotage or online attack. Therefore the HV Authors do not warrant that this Site and its Contents are free from infection by computer viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents, or elements with contaminative or destructive properties.

The Users have the specific responsibility to take reasonable and appropriate precautions against such threats, to scan for computer viruses and other harmful components, and keep themselves protected by using and regularly updating the dedicated anti-virus software and other proper safety tools.

The HV Authors shall never be held liable for any damage caused by viruses or any other harmful elements that may infect the Users’ computer equipments, devices or other property on account of their accessing, using, or browsing this Site and its Contents, or downloading any materials from this Site.

 

10.4 Contents and information special disclaimer

The Contents, the Users’ Materials and any other information contained, presented or in any way displayed on this Site are published in good faith, without any guarantee, warranty, representation or endorsement of any kind (whether express or implied), only for information, consultation, education, dissemination, leisure and advertising purpose.

All information published on this Site should be deemed as to be:

  • of a general nature only and not intended to address the specific circumstances of any particular individual or entity;
  • not necessarily comprehensive, complete, accurate or up to date;
  • sometimes linked to external websites over which the HV Authors have no control and for which therefore they assume no responsibility;
  • not constituting professional or legal advice (if the Users need a piece of advice on a specific matter, they should always consult a suitably qualified professional).

The HV Authors make reasonable efforts to keep any information accurate and up-to-date at the time of publication, and to correct eventual errors. The HV Authors take proper care to ensure as well a thorough review of the Materials submitted by the Users.

Nevertheless the HV Authors do not warrant or represent the accuracy, correctness, completeness, truth, reliability, timeliness, usefulness, performance, functionality, legality, or suitability for any particular purpose of this Site, its Contents and any other information made available on or through this Site and on any other websites referred to or accessed by hypertext link through this Site. The HV Authors do not warrant as well that this Site and its Contents will satisfy Users’ requirements or expectations.

The Users should be aware that under no circumstances this Site, its Contents and any other information published do offer or give a binding or contractual undertaking. Any reliance the Users place on such information is therefore strictly and entirely at their own risk, and it shall be their own responsibility to ensure that any information available on or through this Site meet their specific requirements.

The Users are warned as well not to base their decisions and actions exclusively on this Site and its Contents, as any information published therein is provided on an informative basis only and should not be relied upon. The Contents made available on this Site do not constitute legal or professional advice, and shall neither be construed as a substitute for an independent and responsible research for information, nor be relied upon for personal, medical, legal or financial decisions, as the Users should always consult appropriate professionals for specific advice on these matters.

The HV Authors exclude any responsibility or liability for inaccuracies, errors or omissions which may be contained on this Site and its Contents, as well as for any decisions of the Users based on the information published on this Site and any loss or damage incurred as a result of such relying on information or downloading files within this Site, or for any actions arising from its use.

 

10.5 Events and heritage sites special disclaimer

All Living History and Re-enactment events, in costume dinners and other artistic performances, exhibitions, lectures and conferences, and any other similar historical and cultural event (hereinafter “Events”), as well as all factsheets about open-air living history and folklore museums, historical themed parks, special projects, and any other heritage sites (hereinafter “Heritage Sites”), are being published in the relevant Events Calendar and Heritage Tourism pages or in any other sections of this Site, as soon as they become available and only for informative purpose and the convenience of the Users themselves.

Any related information is either communicated, submitted or in any way provided directly by the organizers of the Events, the management or press office of the Heritage Sites, or reported by the Users themselves, or also taken from freely available sources on the Web.

The HV Authors carefully check the information about the Events and Heritage Sites, but do not warrant or represent that all information provided on this Site is 100% correct, accurate, up-to-date and reliable, since they cannot exclude the risk of inaccuracies, errors or omissions, changes in programme, date and location, as well as cancellations of Events or closure of Heritage Sites due to force majeure, bad weather, or also the evaluation and decision of the organizers themselves, country/state authority, or any third parties. 

The Users are therefore warned that the publication on this Site of any information related to Events and Heritage Sites should never be intended to replace or avoid an independent and responsible research by the Users themselves, who are warmly invited to always verify such information before acting on it, particularly if it pertains to travelling or holidays planning. The HV Authors strongly recommend the Users, before travelling, to always check the weather forecast and also for the last updates by browsing the websites of the Events and Heritage Sites they are interested in,  or contacting them by phone or email.

The Users are also kindly invited to report any corrections and updates concerning the Events and Heritage Sites published on this Site by emailing the HV Authors at:

 events(at)historiavivens.eu

 

(n.b. (at)=@)

 

 for Events

 heritage(at)historiavivens.eu 

 

(n.b. (at)=@)

 

 for Heritage Sites  

 

10.6 Third-party contents and websites special disclaimer

In an attempt to provide increased value to the Users, this Site may contain hyperlinks or web references leading to third-party websites, web-pages or any other outside resources (hereinafter "External Links") related to the Contents of this Site.

The External Links are provided exclusively for the completeness of information and for the convenience of the Users. Such listing and linking practice should not be taken as an endorsement, approval or agreement of any kind with any information or resources offered at the third-party websites that Users can access through this Site.

The Users should be aware that the inclusion of the External Links on this Site does neither constitute any suggestion or recommendation, nor imply approval, affiliation, authorization, endorsement, adoption of any of the content, information and views published and expressed therein, as well as any form of advertising, partnership, sharing of ideological guidance and political thought by the HV Authors, who explicitly distance themselves from any third parties’ websites.

While the HV Authors seek to provide only quality links to useful and ethical websites, they have no control over the nature, content and availability of such websites, which are all owned and operated by third parties, have their own terms of use, privacy policies and data collection practices. The third-party websites are in fact neither fully nor constantly reviewed and/or controlled by the HV Authors, as they remain the exclusive responsibility of their owners, creators, administrators or webmasters, to whom any eventual concern should be directed.

Therefore HV Authors exclude any responsibility or liability for the functioning or use of the External Links, as well as for the quality, nature, availability, operation, contents, design, graphics, reviews, changes or updates of any published information and further links contained in the third parties’ websites.

The HV Authors exclude any responsibility or liability also for the security and privacy guidelines and practices employed by the third-party websites for any related losses, penalties or damages of any kind incurred as a result of Users’ use of any links or reliance on the content of any websites to which this Site is linked.

The HV Authors do not guarantee as well the absence of viruses or other malicious elements on the third-party websites.

The Users are warned that by accessing any Linked Websites, they do so at their own risk.

The Users who reasonably believe any External Links and related third-party websites to be broken, illegal or otherwise unlawful or immoral, are kindly asked to notify the HV Authors writing at webmaster(at)historiavivens.eu. (n.b. (at)=@). The HV Authors will consequently verify and process the request within thirty (30) business days.

 

10.7 Third-party advertisements, sponsorship and promotions special disclaimer

The Users may find on this Site advertisements displayed in the form of banners, text links and other advertising means, as well as sponsorship or other similar content linking to third parties’ websites and services.

The HV Authors care that advertisements on this Site are safe and lawful, unobtrusive and as relevant as possible, and try to avoid the displaying of advertisements related to:

  • illegal products or services of any kind;
  • alcoholic beverages;
  • tobacco products or cigarettes;
  • drugs, illegal substances, and any related products or services;
  • prescription pharmaceuticals;
  • weapons, firearms, ammunition, fireworks, or any other violent products or services;
  • sexual or adult content;
  • dating sites;
  • ringtones;
  • illegal downloads of software, media, or other copyrighted content;
  • online gambling;
  • hate or violent text advocating against any individual, group, or organization;
  • bulk marketing products;
  • multi-level marketing programs, scams, or pyramid schemes;
  • inflammatory religious or political content.

The advertisers and sponsors are exclusively responsible for ensuring that their advertising contents comply with relevant laws, regulations and codes.

The HV Authors shall not be responsible for any error or inaccuracy in such advertising or sponsorship contents, as well as for any kind of related loss or damage.

Any correspondence or dealings by the Users with, or participation of the Users in promotions of, third-party advertisers found on or through this Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and such third-party advertisers and websites.

Therefore the Users acknowledge and agree that the HV Authors shall never be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

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11. Links to this Site

 

The HV Authors welcome links to this Site made in accordance with these Terms of Use. The Users and any third parties may link to the homepage or any internal page of this Site, provided they do so in a way that is fair and legal, and does not damage or take advantage of the reputation of the HV Authors.

The Users and any other third parties must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the HV Authors’ part where none exists. Links to this Site should not be used as a method of creating an unauthorised association between it and any organisation, business, goods or services.

The Users and any third parties interested in the linking to this Site shall not portray this Site and the HV Authors in a false, misleading, derogatory or otherwise objectionable manner, i.e. making false, inaccurate or offensive statements or indications about this Site and the HV Authors, or about the persons who are listed in this Site for any reason, or about the Users of this Site, its Contents or the Materials submitted by the Users.

The Users must not establish a link from any website that is not owned by them, or that contains unlawful information or contents, which violate any third party rights or are against generally accepted moral and good custom and public order.

This Site must not be framed on any other websites. The use of any of the Historia Vivens Web logos and marks as a link to this Site is not permitted. he Users may use the banners made available on this Site on the dedicated “Banner & Link Exchange” page.

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12. Limitation of Liability

 

In no event shall this Site and the HV Authors be held liable (jointly or severally) to the Users or other third parties for any loss and damages whatsoever, whether foreseen or foreseeable, known or otherwise, whether or not based in negligence, action, tort, contract, strict liability, statute or any other legal or equitable theory, that may occur to the Users and other people, arising out or in any way connected with any failures, including but not limited to the use (authorized or not), inability to use, delay in performance or non-performance of this Site and its Contents, as well as of any other third-party websites accessible by the External Links and of their contents.

This exclusion of liability refers, without limitation, to any damages caused by, or resulting from, the inappropriate, improper or fraudulent use of this Site and its Contents, the breach of these Terms of Use and the Applicable Laws, the violation of due diligence and good faith duties, the reliance by the Users on any information obtainable on or through this Site, or that results from mistakes, omissions, interruptions, negligence, errors, defects, computer viruses or other harmful components, unavailability, inability or denial of access and use of this Site, suspension, discontinuance, interruption, and any other line or system failure of this Site performance, caused by events, occurrences and any causes beyond their reasonable control, and without their negligence, including, but not limited to: acts and actions of God, natural disasters earthquakes (such as but not limited to storm, cyclone, hurricane, earthquake, landslide, flood, drought etc.), plagues, epidemics, quarantine restrictions, accidents, fires, explosions, wars or any other armed conflict, acts of terrorism or serious threats of terrorist attacks, insurrections and riots, sabotage or piracy, strikes or boycotts, embargoes or sanctions, acts of governments or authority whether lawful or unlawful, and any other unforeseen circumstances of a similar nature.

This statement includes but is not limited to any direct, consequential or incidental, indirect, special, or punitive damages, as well as any other damages of any kind, such as business loss and interruption, loss of revenue, income, profits or anticipated savings, loss of business opportunities (contracts) or relationships, loss of property, use, reputation or goodwill, loss of privacy, loss or corruption of data or information of any kind, loss of any other economic advantages, as well as pain and suffering, emotional distress, injury or similar damages, or failure to meet any duty of good faith, lack of negligence or workmanlike effort.

The above set limitations shall apply to the fullest extent permitted by the Applicable Laws, and even if the HV Authors have been expressly advised of the possibility of such losses and damages.

By using this Site, the Users agree that the exclusions and limitations of liability set out in these Terms of Use are reasonable. If the Users do not think such provisions are reasonable, they must refrain from using this Site any further.

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13. Assumption of risks by the Users

 

The Users acknowledge and agree that the use of this Site and its Contents is entirely at their own risk, and accept to be the sole responsible for any loss and damage of any kind incurred as the result of their browsing and using this Site and its Contents, as well as their dealing and interacting in any way with any third-parties websites and contents.

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14. Indemnification

 

The Users agree to defend, indemnify, and keep the HV Authors, the HV Staff and Partners harmless from and against any claims, actions, demands, proceedings, damages, losses, liabilities, costs and expenses (including, but not limited to, legal expenses and any kind of amounts paid by the HV Authors to a third party in settlement of a claim or dispute, such as attorneys' or psychiatric therapy fees) incurred as a result of, or in connection with:

  • negligence, use or inability to use this Site, authorized or unauthorized use of this Site and its Contents by the Users;
  • any breach by the Users of these Terms of Use, or of any other terms, rules and conditions of this Site;
  • any breach by the Users of the Applicable Laws, due diligence and good faith duties, the violation by the Users of any third party's rights including copyrights and trademarks.

The HV Authors reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Users.

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15. Further provisions

 

15.1 Language

The Users should be aware that these Terms of Use and the referenced “Privacy & cookies policy extended notice”, as well as any other Website Documents, are written in the English language and shall be interpreted in the English language.

Whenever these Terms of Use (or any part of them), or any other Website Documents, are translated into any other languages different from English, and a conflict in meaning should arise between the various translated versions, the present English language version shall prevail in all respects.

 

15.2 Applicable legislation and exclusive jurisdiction

This Site is EU-based, controlled and operated in Italy, and it is subject to the Italian law and to the exclusive jurisdiction of the courts of Milan, Italy. These Terms of Use shall be governed by and interpreted in accordance with the substantive laws of Italy.

The Courts of Milan, Italy, will have exclusive jurisdiction over any disputes, claims or issues arising out of or in connection with the use of this Site and its Contents, including the interpretation, application and performance of these Terms of Use, as well as of any other Website Documents.

The Users hereby consent to such exclusive jurisdiction, and acknowledge and agree that any disputes that cannot be settled amicably, shall be exclusively litigated or otherwise heard in the appropriate courts in Milan, Italy, and hereby expressly waive all objections to such jurisdiction, as well as any claim or defence that the Milan courts do not represent a convenient or proper forum.

 

15.3 International usage

This Site is maintained, controlled and operated within the EU. The HV Authors do not warrant and represent that this Site and its Contents, or any related information provided therein, are appropriate or available for use in other locations worldwide. 

The Users, by accessing and using this Site from locations outside of the EU, do so on their own initiative, and are the sole responsible for compliance with any applicable local laws or regulations.

The use of this Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

 

15.4 Legal force, entire agreement, severability

These Terms of Use are to be regarded as an integral part of this Site, which the Users have been directed to, and, together with the “Privacy & cookies policy extended notice” and any other Website Document, constitutes the entire agreement between the Users and the HV Authors in governing the use of this Site, and supersedes any previous drafts, agreements, disclaimers, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to the use of this Site.

If there is any conflict between these Terms of Use and any other specific terms appearing elsewhere on this Site, then such specific terms shall prevail.

The unenforceability or invalidity in any state or country worldwide of any sections or any individual provisions of these Terms of Use, is severable and will not in any way affect or impair the content, validity and enforceability of the rest of these Terms of Use, which will remain in full force and effect, and continue to be binding and enforceable.

In other words if any provision of these Terms of Use, including the warranty and liability disclaimers, should be determined by any court or authority worldwide having competent jurisdiction to be unlawful, invalid or otherwise unenforceable under the Applicable Laws, then such invalid or unenforceable provision shall be deemed as severable from these Terms of Use, and replaced by another, valid and enforceable, coming closer to the intention underlying the unenforceable provision and complying with the Applicable Laws.

 

15.5 No Waiver

Any eventual failure of the HV Authors to enforce any provision of these Terms of Use and to act against a breach by the Users or other third parties, shall not waive of any rights to act against any further, subsequent or similar breaches under any provisions of these Terms of Use.

 

15.6 Publishing (specific reference to the Italian Law)

This Site is updated not regularly, but according to the availability of the Contents and the Materials submitted, therefore it cannot be considered a regular publication subjected to the press discipline with reference to the Italian Law No. 62, March 7, 2001.

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16. Alteration to this Site

 

The HV Authors reserve the right, at their sole discretion, to modify all or any part of this Site and its Contents without notice, at any time, for any reason.

The provision of this Site and its Contents is intended in principle for an indefinite term. However the HV Authors reserve the right to temporarily suspend, deactivate, discontinue, or block this Site and its Contents, either partially or completely, or also to definitely close this Site and any of its Contents, at any time and for any reason.

Any change, modification, suspension, or discontinuance of any aspect of this Site and its Contents, or any part thereof, will be carried out by the HV Authors without any responsibility or liability to the Users or any other third party. 

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17. Updates and changes to these Terms of Use

 

The HV Authors reserve the right to partially or totally modify, amend, revise, update or otherwise change any of these Terms of Use, as well as any other Website Documents, at any time, for any reason, in their sole discretion, and without previous notice.

The posting of such changed Terms of Use on this Site shall constitute a relating notice of such changes to the Users without the need of any further communication.

If any part of these Terms of Use changes in the future, an updated version of it will be made available on this Site, and such changes will be effective immediately upon their publication online. The date of the most recent revision as listed at the top and at the bottom of this page will be consequently revised.

The Users acknowledge and agree that these Terms of Use are legally binding on them, and it is their responsibility to review them periodically and take notice of any changes eventually made. If any changes to these Terms of Use are not acceptable to the Users, their sole remedy is to terminate their use of this Site. Any continued use of this Site after the posting of such changes, shall be deemed to constitute full acceptance by the Users of such amendments, modifications, or new conditions of these Terms of Use.

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18. Consent to these Terms of Use

 

By accessing and using this Site, the Users are deemed to have read, understood and agreed to be bound by these Terms of Use and by all other terms, policies and guidelines incorporated by reference in any other Website Documents. The Users who do not agree to any of these Terms of Use are warned to stop using this Site. Their continued use of this Site will be deemed as their full acceptance of these Terms of Use.

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19. Additional information and contact

 

If these Terms of Use, or any other referenced Website Documents, do not provide the information the Users are looking for, or if they require more information or have any questions, comments, suggestions or complaints, they are kindly encouraged to email the HV Authors, providing their name and email address, and indicating their specific issue in the object line. The HV Authors will respond to all reasonable concerns or inquiries within thirty (30) business days.

Except as expressly stated otherwise, any notices required or allowed under these Terms of Use shall be given to the HV Authors by email to:  

 info(at)historiavivens.eu

 

(n.b. (at)=@)

 

 for general inquiries

 webmaster(at)historiavivens.eu 

 

(n.b. (at)=@)

 

 for operation and functionality

or by any other contact mean that the HV Authors will make available on this Site in the future. On requests some additional contact may be provided by the HV Authors to the Users.

 

Thank you!

Thank you for reading this Document. We hope you enjoy using this Site and appreciate your collaboration and feedback in improving it constantly.

 

This Terms of Use statement was last updated: October 22, 2015

This Terms of Use statement is effective as of: October 22, 2015

Previous version: August 31, 2012

 

Please note: should we update, amend or make any changes to these Terms of Use, such changes will be prominently posed on this page.

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