“Content” means all information, data, text, software, computer programs in any form, music, sound recordings, photographs, graphics, video or film works, databases and other copyright compilations comprised in or appearing on the Site or forming part of any materials uploaded, posted (by mail or otherwise), linked to, e-mailed or otherwise transmitted to or via focus2move site to ANCOCA SRL.
“Contributor” means any person including without limitation any freelance journalist employed, contracted, or in any way commissioned other than a person invited to take part in any chat room or online forum who uploads, posts, links to, e-mails or otherwise transmits content to or via the site.
“Contributor Content” means any content created by and/or originating from a Contributor.
“Services” means those services as available on the Site from time to time.
“Site” means our website, “focus2move” and each and all of the Services from time to time available through that website.
“User Content” means all content created by and/or originating from Users.
“User” means any person other than a Contributor who visits the Site and/or uses the Services (or any of them).
Submissions to the site
You acknowledge and agree that we have the right to use, edit or reject any Content that you send for any purpose whatsoever, commercial or otherwise, without payment to you – unless you have specifically stated otherwise in writing prior to submission and it has been agreed with us. You agree that we can reproduce, modify, adapt, publish, translate, create derivative works from and distribute such Content or incorporate it in any form, media or technology now known or later developed throughout the world and you irrevocably license us to do so. We assume no responsibility for the return or safety any content submitted to us. You must have world wide ownership of any and all copyrights, proprietary or intellectual property rights which are applicable to the content or full permission from the owner of these rights, for of all Content that you send to us or post on the site. By sending content to us or posting it on the Site you automatically warrant and represent to us that you are the owner of any and all of the rights referred to in the first sentence of this clause or that you have obtained express permission from the holder of such rights to do so and hereby agree to indemnify us in respect of any breach of the warranty given in this clause. With the exception of material used by us on the site under license, we own the intellectual property rights throughout the world for all formats known or subsequently discovered or invented in all content. We reserve and will defend all our rights in the user content. Therefore please do not infringe the intellectual property rights in the Content in any way. This means, among other things, that you must not copy, reproduce, publish, republish, upload, post, distribute, transmit, re-transmit, broadcast, extract, re-utilize or adapt in any way (and then do anything that would then infringe any Content as this may result in civil or criminal prosecution. You may however print or download copies of these webpages for your own personal, strictly non-commercial use.
We rely on the author of each submission to present us with accurate and factual Content. We assume no responsibility for the accuracy of Content provided on the Site nor for mistakes, errors, or omissions of any kind, nor for any consequence relating directly or indirectly to any actions taken on the basis of any Content displayed on or downloaded from the Site. Under no circumstances shall we be liable for any damages that result from the use of, or the inability to use, the materials in the Site even if we have been advised of the possibility of such damages.
In the event you download any computer program from the Site, the computer program, including any files, images incorporated in or generated by the computer program, and data or databases accompanying the computer program are licensed to you by us. No title or other rights of any kind whatsoever in the Software will be transferred to you and we retain the full and complete title to the Software and all intellectual property rights in it throughout the world. You may not copy (except for the purposes of making a single back up copy for your own use), distribute, redistribute, sell, rent, lease decompile, reverse engineer, disassemble, adapt, alter or otherwise reduce the Software to a human-perceivable form nor remove any trade mark or copyright notice from the Software. The Software is licensed “as is” and “with all faults”. To the maximum extent permitted by law, all express or implied terms (whether implied by statute, course of dealing, custom or at common law) relating to the quality, merchantability or fitness for purpose of the Software are excluded and we accept no liability for any problems or damages arising from the downloading, installing or use of any Software or any other images or information derived from the Content.
This agreement is effective until terminated by us.
Opinions expressed on the site
Any statements and opinions expressed on the Site are those of the author and do not reflect the opinions of Ancoca.
Third party sites
Whilst we may offer Links to Third Party Sites, we have no control over the content or appropriateness of the content on such Third Party Sites and you acknowledge and agree that we are not responsible for the availability of such Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites, and will not be a party to, or in any way responsible for, any transaction entered into concerning goods or services available through such Third Party Sites.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever and howsoever arising resulting from your use of or reliance on any Content, or goods or services available on or through any Third Party Sites.
You agree that you must evaluate, and bear, all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us and/or contained in and forming part of the Site. You acknowledge that when you voluntarily disclose personal information (eg, user name, e-mail address), the information can be collected and used by others and may result in unsolicited messages from other posters and parties. You acknowledge and agree that we may preserve Content and may also disclose User Content or Contributor Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Code; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of us, or users and the public.
Exclusion of liability
We do not and cannot give any warranties in respect of the site, content, Software or the Services available through the site (collectively, “site services”). To the maximum extent allowed by applicable law, we hereby disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of satisfactory quality or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, care or of workmanlike effort. Additionally, we make no warranty that the site is free from infection by viruses or anything else that has contaminating or destructive properties.
We will use the information you provide us for administering your account and for marketing purposes including market research and analysis. We may analyze your data and send you information by email, or by direct mail or contact you by telephone about other products or services offered by us, in which you may be interested. If you do not want us to contact you with information about our other products or services, please email us on email@example.com. We may sell or pass your information onto other carefully selected organizations. If you do not want us to pass your information on to those organizations, then please email us on firstname.lastname@example.org.
By visiting this site you agree to these uses of your personal information. If you do not agree please exit this website now.
These Terms apply to each individual research enquiry with focus2move, a trading name of ANCOCA SRL, Via Solone 18/B 00124 Roma (Italy)
By checking the box at the bottom of the enquiry form, non-account-holders accept these Terms on behalf of their company or other business entity (referred to in these Terms as “you” and “your”) on the terms that appear below. If you have any questions, contact us.
These Terms are your agreement with focus2move, a division of ANCOCA SRL (“Ancoca”) which supplies information in response to your research enquiries (“the Service”). They shall apply in addition to the general User Terms for focus2move.com site except in the event of any inconsistency in which case these Terms shall prevail.Once you have submitted an online order form giving details of your enquiry, you will be contacted by Ancoca to discuss the enquiry and provide a cost estimate (which will remain valid for 30 days) and/or to confirm that the service can be carried out within the limit set by you. A contract with you for an individual research enquiry subject to these Terms will come into effect when you have confirmed to Ancoca that it may proceed with the research specified in the order form at the fee agreed between us. Ancoca will advise you prior to exceeding any initial fee estimate that is given to you. Subject to Clause 5.1 you have the right to terminate this agreement within 3 days of the contract coming into effect. All communications between us, including cost details and the supply of information, shall be made by email, post, fax, telephone or otherwise via the focus2move.com. Ancoca reserves the right to add to or change these Terms in respect of any future enquiry by notice on its website. You will be deemed to have accepted any change if you make an enquiry after such notice has been given.
2. Your Use of the Service
The copyright and database right in all information provided to you through the Service (the “Information”) belongs to Ancoca and/or its third-party licensor and no such rights shall be transferred to you. You will not remove any copyright notice from any Information. You shall use the Service strictly for your internal research purposes. You may make a reasonable number of copies of the information for such purpose. You may not sell, redistribute or otherwise make the Service or the Information available in any manner on any media to any third-party unless the prior written consent of Ancoca has been obtained. You may on an occasional basis include small amounts of Information in research reports or written advice provided that you do not separately charge (directly or indirectly) for that content. Ancoca reserves the right at any time in its absolute discretion to revise or amend the Service including in particular the source of information used to provide the Service. You acknowledge and agree that “focus2move” is a trade marks that, except as set out in this Agreement, you may not use without prior written permission from Ancoca.
3. No Warranties, Exclusion Of Damages, Limitation Of Liability And Exclusive Remedy
The Information is only for your general information and use and is not intended to address your particular requirements. In particular, the Information does not constitute any form of advice, recommendation or arrangement by Ancoca and is not intended to be relied upon by you in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Ancoca will use reasonable skill and care in providing the information in response to your enquiry. Ancoca does not otherwise give any warranties in respect of the service or information. In particular, the service is provided on an “as is” and “as available” basis. To the extent allowed by applicable law, Ancoca hereby disclaims all other warranties, condition or duties of every nature whatsoever (except any duty of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack or negligence or of workmanlike effort. Additionally, Ancoca makes no warranty that the service is free from infection by viruses or anything else that has contaminating or destructive properties.
No incidental or consequential damages: to the full extent allowed by applicable law, you agree that Ancoca will not be liable to you and/or third-party for any consequential or incidental damages (including but not limited to lost profit, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or workmanlike effort) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the service or the information or to any breach of the terms by Ancoca, even if Ancoca has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability. You agree that in the event of any claim being made against you arising whether in whole or in part out of the use of the service or the information, you will not seek from Ancoca and/or its third-party licensers in respect of any such claim any indemnity or contribution whatsoever.
Notwithstanding clauses 3.1 to 3.5 above, Ancoca’s liability shall not be limited in the case of death or personal injury to any person to the extent that such death or injury is caused by Ancoca’s negligence.
Except as set out in clause 4.1, all payments (including any applicable taxes) must be made by credit card or via Bank Transfer in the currency agreed. You must provide your credit card details at focus2move/ancoca’s request prior to commencement of the Service. If focus2move (or its designated agent) does not receive payment authorization from your credit card clearing service, focus2move may immediately suspend the Service. All charges in respect of the Service shall be as agreed in accordance with clause 1.2, subject to any amendments agreed between us. All charges and charge rates expressed are exclusive of VAT and any other taxes which are or may be applicable.
If you wish to terminate the Service in respect of any particular enquiry, you shall notify Ancoca by email, post or fax and Ancoca shall not, from receipt of such notice during its normal business hours, carry out any further work in respect of the enquiry. In such event, you will be charged only for the work carried out prior to the receipt of such notice. Ancoca may withdraw the Service at any time for any conduct by you that Ancoca reasonably believes is a breach of these Terms. Such withdrawal shall be without prejudice to any other rights of Ancoca with respect to such breach.
Ancoca shall keep confidential and shall not disclose to any third party the fact that you have made an enquiry concerning any matter nor the nature of any such enquiry. Except as expressly agreed, these Terms shall constitute the entire agreement between us with respect to the Service and shall supersede any and all representations or other statements whether written oral made by or on behalf of one party to the other. Neither party shall be liable for any delay or failure to perform its obligations caused by any industrial dispute or other circumstances beyond its reasonable control. You shall not assign or otherwise transfer your rights or obligations under these Terms without the prior written consent of Ancoca. No variation of these Terms shall have effect unless evidenced in writing by Ancoca. Any waiver of any provision contained in these Terms shall not be binding unless in writing signed for and on behalf of Ancoca. If any provision of these Terms is held to be illegal or unenforceable the validity of the remainder shall not be effected. The parties shall use their respective best endeavors to agree a provision to replace the illegal or unenforceable provision which as far as possible achieves the original intention.
8. Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Italian law. The parties irrevocably agree that the courts of Rome, Italy, shall (subject to clause 8.3) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Italian courts. For the exclusive benefit of Ancoca, Ancoca shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
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