Terms of Use – EmailSuccess

These conditions are legally binding and apply to visitors of the site (or sites) and to users who register for the Services. By agreeing to these conditions and/or making use of the Services, you declare your adherence to them. If you do not wish to accept these conditions, you should not make use of the Services
Access to and use of emailsuccess.com, diennea.com, magnews.com, magnews.it and tbd.diennea.com (together referred to as “the sites”) are regulated by Terms of Use (“Terms”). Access to and use of the sites requires the reading, knowledge and acceptance of these Terms.
The requested services of the sites are provided directly by DIENNEA S.r.l., with its registered offices at Viale G. Marconi 30/14, 48017, Faenza (RA), Italy, VAT Identification number 02243600398.
If you need assistance please request the same at the following email address helpdesk@magnews.com. You will find information about the requested free services and requestable paid services in the registration form of the website, tips and other general information about the services provided by the sites.
For information relating to the processing of personal data by the sites, please see the Privacy Policy of the sites.
Diennea may amend or simply update these Terms of Use in full or in part. Changes and updates to the Terms of Use will be notified to users on the Home page of diennea.com as soon as they are adopted and will be binding once posted on this section of the website.
By accessing this website, (the “user” or “you”) declare and guarantee to have read, understood and accepted (1) to be bound by the following terms and conditions (“Agreement”) establishing the conditions of use as a registered user of our services (“Services”); (2) to have the ability and capacity to comply with this Agreement; and (3) that you agree to comply with all applicable laws and regulations regarding access to and use of the sites.

Art. 1-Access and Use
The user can access the services directly from the sites, in some cases it will be necessary to complete a registration in which some information and personal data will be requested and processed according to the provisions laid out in the Privacy Policy. The Services are free of charge.
It is not possible to access or use the Services for any unlawful or unauthorized purpose. International users agree to comply with all local laws regarding privacy and the protection of personal data, online conduct and the legality of content.
It is not permitted to modify, adapt, or illegally enter the sites or to modify another website, giving the false appearance that the website is associated with one of the Sites.
It is forbidden to transmit any worms or viruses or any codes destructive in nature.
The violation of laws of your own legal system is forbidden (including, without limitation, but not limited to, copyright laws).

Art. 2-Registration
In order to use some of our Services, you may be required to register by creating an account and filling out a form with personal information (for example, the services provided by the emailsuccess.com site), from which you can sign up for services or download material.
In order to register, you must complete the appropriate procedure providing us with current, complete and accurate information as requested in the on-line registration form.
It is your responsibility to keep your registration information up to date, accurate and complete and you are responsible for any damage caused by non-compliance with these obligations.
You will be asked to choose a password. Maintaining the confidentiality of both the password and your account is entirely your responsibility. You are also entirely responsible for all activities that take place on your account. You agree to immediately notify us of any unauthorized use of your account. Diennea is not responsible for any damage that you may incur as a result of the use of your password or account by third parties, whether or not you are aware of such use. You can delete your account at any time.
In case of violation of this agreement, we may, at our sole discretion, delete your account, remove or edit any content, or access connected to your account or perform any other action we deem to be appropriate.

Art. 3-Property, proprietary information and intellectual property.
a) Intellectual Property of Diennea
Except for user-provided content, or that which is linked to or from an external source, all information and materials that appear as part of the site (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles and names (collectively “Intellectual Property”) are owned by Diennea Srl and are governed by this Agreement.
The websites in their entirety and all intellectual property are protected by the copyright, brand and trademark law in force in Italy, as well as by EU law, treaties and international conventions, and the laws of other countries when applicable.
Except for public domain information or when use has been authorized in writing by Diennea Srl, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works, reverse engineer, transfer or sell anything that is the subject of intellectual property, information, software or products obtained from or through this website, in whole or in part.
a) Related Content
Third-party content that you link or report when you enter content on sites belong to the same third party.
Diennea respects the intellectual property rights of third parties. In submitting any material or photographs through the Sites, you (1) grant permission to publish the same on the sites, and (2) you are representing yourself as the rightful owner of the submitted material and that no other person or legal entity may claim the rights to such material.
Diennea reserves the right to remove access to material that is the result of violations.

Art. 4.-Limitations of use.
A non-exclusive license to display content on the sites is considered granted, but only during access to the Sites themselves. Except to the extent required for the limited purpose of reviewing material on the sites, electronic reproduction, adaptation, distribution, rendering or display is prohibited. Commercial use of any content for profit is strictly prohibited. The use of any of our trademarks as metatags on other web sites is strictly prohibited.
It is forbidden to use any automatic or manual practice, device, process, software, program, algorithm or methodology, or routine, including, without limitation, but not limited to, “robots”, “spiders”, or other similar processes or functionalities for interfering or attempting to interfere with, or to impose an unreasonable burden on the operation of the sites.
Permission to use the Service is automatically revoked in case of violation of any of the terms and conditions of this agreement.
You are only authorized to visit, view and retain a copy of pages of the sites for your personal use and you agree to not duplicate, download, publish, modify or otherwise distribute the material on the site for any commercial purpose or for any purpose other than the one described in this Agreement. You also agree not to use deep-linking to the sites for any purpose, unless specifically authorized by Diennea.

Art. 5-Unauthorized use of the Service
You may not use the Services for any purpose that is unlawful, obscene, abusive, harassing, improper or questionable, to sell or offer to sell goods or services, to make or forward surveys, contests or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree to not post or store any software, information, data, databases, music, audio files, video or audio-video files, photographs, images, documents, text or digital files or other material (“Material”) on our sites that violates intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or, as protectable, confidential ideas. The use of illegal or unauthorized use of the sites, including, without limitation, but not limited to the framing of the sites or the linking to sites which are not authorized or unauthorized use of any robot, spider, other automatic device on the site, will be investigated and will be subject to any legal action that is deemed appropriate, including civil proceedings.

Art. 6-Publication of content or linking of sources
Diennea reserves the right to refuse to post or to remove any user content or linked sources if they contain or have any of the following unacceptable content:
Offensive, harmful and/or abusive language including, without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
References to illegal and/or unlawful activities, intentional imposition of surcharges, misleading advertising or violations of the right to health (e.g., food poisoning, foreign objects in food, etc.).
Messages commenting on other users;
Content that includes personal attacks or that describes physical confrontations and/or sexual harassment;
Content that is considered to be for advertising purposes or commercial in nature, or that is inappropriate based on the subject to which it refers;
Language that violates the rules of good taste or the standards of the sites, as determined by Diennea at its sole discretion.
Content that Diennea considers to be illegal or in violation of any law or community, state or local guidelines, or the rights of any other person or entity;
Language intended to imitate other users (including the names of other individuals) or user names or signatures that are inappropriate or offensive;
Content that is encrypted or that contains viruses, Trojans, worms, time bombs, robots or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Art. 7-Reporting
If you see objectionable content or you have questions about this agreement, please contact Diennea at helpdesk@magnews.com.
Offline behavior
Although Diennea cannot control the behavior of its users outside of the sites, it is a violation of this agreement to use any information obtained from our sites in order to harass, abuse, or harm another person, or in order to contact, advertise, prime or sell to any user without their explicit consent.

Art. 8-Limitations of Liability
Diennea is not in any way responsible for the correctness of the information provided by the users of the sites. The use of the sites is at the risk of the user. The services of the sites are provided without any warranty, express or implied. Diennea is not liable for any damage, loss of business profits that is not a result of Diennea itself or direct and/or indirect damage suffered by the user or any third party in connection with use of the Sites or the information contained therein, including, without limitation not limited to, economic losses, loss or corruption of data, loss of benefits or interests. The responsibility of Diennea for losses and/or damage suffered by the user as a result of the content of the sites or otherwise relating to the sites will be limited to the elimination of the content or materials that have caused the same in a reasonable timeframe. The possibility for hackers to enter the Sites and to change the content and integrate material harmful on the same, such as viruses, Trojan horses, worms, time bombs, cancelboots, corrupted files, or any other type of software that may damage the equipment computer or property of others is present. In this case, Diennea will in no way be held responsible for the damage, loss or changes generated by such perpetrators. If circumstances permit, Diennea will warn users of the interruption of the normal operation of the sites and their services. Diennea will not respond in any way if a user attempts to connect to sites using a computer or outdated programs other than those normally used for an Internet connection. Diennea is not responsible in any way for damages or losses of any kind caused by the lack of continuity, availability, reliability, or usability of sites and, in particular, by way of example only, for the access mistakes. Diennea is not responsible for the speed and reliability of your Internet access or any type of communication network. Diennea will not be held liable for losses or any other circumstances arising from the removal, theft or use of any given user ID (username and password) to the sites and access to the program and the database contained in the reserved area of the sites. It will be your responsibility to keep the identification data concerning the sites and access to the reserved area private.

Art. 9-Indemnity and Redress
You agree to indemnify, defend and hold harmless, Diennea, its agents, employees, directors and employees from and against any claims, actions, demands, liabilities, costs and expenses, including, without limitation, but not limited to, reasonable attorney fees, arising from breach of any provision of this Agreement or any warranty provided herein, or otherwise arising in any way from the use of websites and/or software. Diennea reserves the right to assume sole control of the defense activities for any action and anyway to obtain compensation from the user, and if this happens the user will be required to fully cooperate with Diennea in the experience of any possible defensive activity.

Art. 10-Modifications to the present Agreement
Diennea reserves the right, at its sole discretion, to modify, suspend or terminate this Agreement, the Services and the Sites and/or any part of them, and/or your account and your password at any time for any reason, with reasonable notice. Please check this Agreement periodically for changes. Continued use of the Sites constitutes your acceptance of the Agreement and binds you to the relative changes in a complete and absolute manner. If at any time you do not wish to accept these changes you should immediately stop using the Services.

Art. 11-Modification/cancellation
In the event that access to the Services is terminated, the user will still be bound by the obligations under this Agreement and any additional conditions, including guarantees issued by the user and by the exclusions and limitations of liability. Diennea is also not liable with respect to the user or any third party for the termination of access by the user. The user may terminate this Agreement at any time by canceling their subscription to the Services, except still being bound as specified above in this clause.-

Art. 12-General Provisions
This Agreement, the rights and obligations of users and of Diennea and all actions under this agreement shall be governed by Italian law. All disputes arising between the user and Diennea are devolved to the exclusive jurisdiction of the Court of Bologna, subject to any different allocations of competence provided by the law in favor of the user.
The use of our Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this clause. In the event of any direct legal action to assert or interpret the terms of this Agreement, the prevailing party is entitled to obtain the rest of the incurred legal fees from the losing party.
No joint venture, partnership, employment, or agency relationship exists between us and the user or as a result of this agreement or the use of our Services.
In the event of invalidity or unenforceability of any provision of this Agreement, including, but without limitation, the warranty disclaimers and liability limitations set forth above, the remaining provisions shall remain fully in force and in effect and the invalid and/or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the spirit of the original provision.
The execution of this Agreement on our part is subject to the laws and procedures currently in place and nothing that is contained in this Agreement can waive our right to conform to the demands or requirements resulting from the application of such laws.

Terms of Use ultima modifica: 2016-03-18T12:06:47+01:00 da Admin