Terms of use

WELCOME TO WEBSITE www.notpasta.com (hereinafter the WEBSITE)

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY (hereinafter the TERMS OF USE) BEFORE USING THE WEBSITE.

1. GENERALS

1.1 The WEBSITE is owned, managed, maintained and updated by NOTPASTA di Giovanni Tommasi, an Italian sole proprietorship with registered office in Bologna, postcode 40134 – via Nino Bixio Scota 13, revenue code TMMGNN87M03A944M; VAT no. 06521860483, listed in the Bologna Company Register, Economic & Admin. Index (REA) no. 518845; email info@notpasta.com, certified email notpasta@legalmail.it.

1.2 These TERMS OF USE govern the access and use of the WEBSITE by all users (hereinafter the USER(S)). Through the WEBSITE, NOTPASTA allows the USER to access a number of resources, including communication forums, download areas, if available, and information on products and articles offered for sale through theWEBSITE.

1.3 Any use of the WEBSITE by USERS implies their having read, understood and accepted these TERMS OF USE in full. Any USERS not accepting these TERMS OF USE are kindly requested to refrain from using the WEBSITE.

1.4 NOTPASTA expressly reserves the right to change or supplement these TERMS OF USE. Any further use of the WEBSITE after such changes or supplements implies the USERS’ acceptance of those changes or supplements. The most updated version of these TERMS OF USE can be viewed by clicking on the link
“TERMS OF USE” to be found below on each page of this WEBSITE.

1.5 This ‘generals’ section forms an integral and substantial part of these TERMS OF USE.

2. PROTECTED COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

2.1 The use of the WEBSITE is exclusively allowed for private, personal and noncommercial purposes. Any reproduction for purposes other than personal, noncommercial use, or any publication, public disclosure, transmission, distribution, posting, removal, deletion or addition and any other changes made to the WEBSITE contents or software, any creation of works or materials based on the WEBSITE, or however any sale or participation in the sale of those contents and software is absolutely not allowed.

2.2 Any other use of the WEBSITE contents and any reproduction for purposes other than the use, change, distribution or republication for personal, non-commercial purposes is absolutely not allowed without NOTPASTA’s prior written authorisation.

2.3 The WEBSITE and all of its contained materials (hereinafter the CONTENT(S)) such as, by way of example, any logos, brands, images, icons, charts, pictures, illustrations, texts, clips and audiovisual materials in general, sounds, soundbites or software are owned by NOTPASTA and its licensors.

2.4 The WEBSITE and its CONTENTS are protected by national and international legislation on the protection of copyrights, registered trademarks, designs, models, software, domain-names and other intellectual and industrial property rights.

2.5 Damaging, interfering with or interrupting access to the WEBSITE or CONTENTS, or using the WEBSITE or CONTENTS illegally or in a way that causes harm to NOTPASTA or any other WEBSITE USER is strictly prohibited.

3. LINKS TO OTHER WEBSITES

3.1 The constituent webpages of the WEBSITE may give access to other websites or internet-based resources by dedicated hypertext links (hereinafter “links”). NOTPASTA may not be held responsible or liable for the actual availability of the landing pages of third-party websites to be reached through the links, or for their contents or materials obtained by USERS through those websites.

3.2 Any links to other websites and references to third-party information, products or services linked to this WEBSITE are not representative of, and may not be interpreted as NOTPASTA’s having given its approval thereto on any grounds. Any enquiries or comments in relation to those websites should be addressed to their respective operators/webmasters.

4. USERS’ OBLIGATIONS AND RESPONSIBILITIES

4.1 USERS hereby undertake to:

  • use theWEBSITE in accordance with the applicable legislation;
  • provide accurate, non-confidential and updated information not infringing any thirdparty intellectual properties or other rights;
  • refrain from uploading or cause others to upload, submit or otherwise make available on the WEBSITE contents that are (i) illicit, defamatory, or in breach of third party privacy or other rights; (ii) false, inaccurate or however deceitful; (iii) or for which the USER has received from or paid to a third party a consideration; or (iv) which infringe any patents, brands, company secrets, copyrights or other third party intellectual property rights;
  • diligently keep the used password for access to the WEBSITE, secret and secure as persons solely responsible therefor. Should the USER suspect that an unauthorised access to his or her account was made by third parties, then the USER is kindly requested to immediately contact NOTPASTA on the email address info@notpasta.com and change his or her password in the shortest time possible. NOTPASTA will accept no liability for any damage or loss caused by the USER’s failing to accurately keep the WEBSITE access password secret;
  • refrain from disclosing false personal data or creating accounts on behalf of third parties. Each USER may not create more than one account. If NOTPASTA deactivates an account pursuant to these TERMS OF USE, the USER shall refrain from creating another account without NOTPASTA’s express approval;
  • refrain from uploading, dumping or otherwise making available viruses, unsolicited or unauthorised advertising messages or promotional materials, including any forms of spam, or making changes or otherwise altering the WEBSITE contents, or damaging their integrity.

4.2 NOTPASTA may restrict, suspend or discontinue the account of any USER misusing or illicitly using the WEBSITE. If an account is discontinued, the USER will lose access to the WEBSITE and its contained data, without prejudice to the USER’s rights contemplated in the Privacy Disclosure Notice.

5. WARRANTY EXCLUSIONS

5.1 The USER hereby acknowledges and expressly accepts that the WEBSITE and CONTENTS are provided on an “as is” and “as available” basis at the time of their use.

5.2 Within the limits envisaged by the applicable legislation, NOTPASTA hereby gives no express or implied warranties in relation to the WEBSITE and CONTENTS such as, without limitation, a protection from damaging software (i.e. malware or viruses of any type and, without limitation, file viruses, boot viruses, macro viruses and network viruses) or any marketability or fitness-for-purpose warranties.

5.3 NOTPASTA hereby gives no warranty in relation to the proper operation of the WEBSITE or the use of its CONTENTS.

5.4 NOTPASTA shall make any and all reasonable efforts for the contents of the WEBSITE to be accurate and updated.

6. LIABILITY LIMITATION

6.1. To the maximum extent permitted by the law and save for any instance of gross negligence or wilful misconduct, NOTPASTA may not be held liable on any account for any damage or loss arising from the use of theWEBSITE and CONTENTS by the USER, or for any damage or loss of any type whatsoever, including loss of data, caused to the USER by an improper or incorrect use of the WEBSITE or Contents, or by an unauthorised access or an alteration to the USER’s data or data upload, or by declarations or behaviours of any third parties.

6.2. Any Contents acquired or downloaded from or through the WEBSITE shall be obtained at the USER’s exclusive risk and discretion. USERS are solely and exclusively liable for any damage caused to their computers or for any data loss caused by the use of the WEBSITE or any download of the said Contents. Within the limits envisaged by the applicable legislation, in using the WEBSITE the USER accepts all risks related to such use and assumes full liability for any failed use of, data loss in, or costs of support or repair services on the hardware or software used in association with the WEBSITE, and hereby acknowledges that NOTPASTA may not be held responsible or liable on any
grounds for any damage or loss arising from or caused by the use of this WEBSITE or related to the WEBSITE.

6.3. No provisions contained in these TERMS OF USE imply that NOTPASTA is under the obligation or however required to perform any preventive monitoring of the information it stores or provides, or to actively seek facts or circumstances suggesting any unlawful or contractually infringing activities. The foregoing clauses are meant without prejudice to the rights and powers recognised in favour of NOTPASTA by the applicable national or EU legislation.

7. APPLICABLE LAW AND COMPETENT COURT

7.1. These TERMS OF USE are governed by the Italian legislation and shall be interpreted in compliance with the laws of Italy, with the exclusion of any applicable international private law standards. Any controversy arising out of the interpretation, validity or performance of these TERMS OF USE or however associated with or deriving from these TERMS OF USE shall be referred to the judge having jurisdiction in the USER’s place of legal or temporary domicile.

8. PERSONAL DATA PROTECTION. Privacy Policy – Normative Reference

8.1. NOTPASTA gives careful consideration and keeps the highest focus on its USERS’ right to privacy. NOTPASTA shall process their personal data in compliance with the provisions of the applicable legislation and those of its privacy disclosure notice – to be accessed by clicking on the link www.nostpasta.com/privacy-policy, which forms an integral and substantial part of these TERMS OF USE.

9. VALIDITY OF CLAUSES

9.1. If one or more clauses hereof should be declared invalid or unenforceable, such invalidity or unenforceability will not affect the remaining clauses of these TERMS OF USE, which will remain valid and enforceable between NOTPASTA and the USER. NOTPASTA shall at all times be entitled to replace any clause(s) declared invalid or unenforceable with other clauses in compliance with the applicable legislation.