1. ACCEPTANCE OF TERMS
netfest is an Ellipsis Media International s.r.l. registered trademark ( © ).
We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website from time to time and your continued accessing or utilisation of this website following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed.
2. YOUR USE OF THE NETFEST WEBSITE
2.1 use the netfest site for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity.
2.2 use the netfest site in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the netfest website is in any way impaired.
2.3 access or attempt to access any part of the netfest site that you are not authorised to access and you will not penetrate or attempt to penetrate the netfest site security measures.
In accessing this website or certain of the resources on the website, you may be asked to provide registration details. It is a condition of use of this website that all the details you provide will be correct, current, and complete. We have the right to refuse your access to the website or any of its resources if we believe the details are not correct, current, or complete.
4. INTELLECTUAL PROPERTY RIGHTS
This website contains material which is owned by or licensed to us. Such material includes (but is not limited to) design, layout, look, appearance, graphics information, communications, software, images and sounds contained on or available through the website. You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks and all other intellectual property rights) in all material or content supplied as part of the netfest website shall remain at all times vested in us or our licensors. The contents of the netfest website cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. netfest respects the intellectual property rights of others and asks users of this website to do the same.
netfest respects the intellectual property rights of others and expects its Users to do the same. netfest enforces third party’s intellectual property rights and can, in appropriate circumstances, suspend or terminate the accounts of subscribers, members or Users who are repeat infringers. netfest will respond expeditiously to claims of copyright infringement committed using the netfest platform and/or website, if such claims are reported to netfest ’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the netfest website by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to netfest ’s Designated Copyright Agent. Upon receipt of the Notice as described below, netfest will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the netfest website.
To file a DMCA Notice of Alleged Infringement, please:
Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the netfest website or the exact location where such material may be found. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”.
Provide your full legal name and your electronic or physical signature.
Finally, deliver this Notice, along with all items completed to netfest ’s Designated Copyright Agent:
Donatella Mugnano, Esq.
mugnano [at] netfest.org
Ellipsis Media International srl
Via Ascoli Piceno 17
00176 – Rome
The website may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including without limitation any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
6. WARRANTIES AND LIMITATION ON LIABILITY
6.1 The netfest website and user interfaces, and all content and software associated therewith, or any other features or functionalities associated with the website are provided on an “as is” and “as available” basis without any representation or endorsement, and we and our licensors make no warranties of any kind, whether express or implied, in relation to the website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. In particular, we and our licensors assume no liability or responsibility for any of the following:
6.1.1 errors or omissions in the content delivered by the netfest website or user interfaces;
6.1.2 any failure or interruption in the availability of the netfest website or user interfaces;
6.1.3 delivery and or display of any content contained on the netfest website, user interfaces, and any or damages arising from the use of the content provided on the netfest website,
6.1.4 user interfaces, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, optical media discs or any conduct by users of the netfest website or user interfaces.
6.2 In addition, we do not represent or warrant that the information in the netfest website are accurate, complete or current; and are free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto.
6.3 In no event shall netfest , or its subsidiaries or any of their shareholders, directors, officers, employees or licensors, be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the netfest website.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms by you or any other liabilities arising out of your use of the netfest website, or the use by any other person accessing the netfest website using your internet account or on your behalf.
8. SECURITY AND PRIVACY
9.1 If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms, and shall not affect the validity and enforceability of any of the remaining parts of the same.
9.2 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of these Terms.
9.3 Except insofar as these Terms expressly provide that a third party may in his own right enforce a term of the Terms, a person who is not a party to this Agreement has no right under the Contracts to rely upon or enforce any term of the Terms but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
9.4 The Terms shall be governed by and interpreted in accordance with the laws of Italy, Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Court of Rome (Foro di Roma).
9.5 You irrevocably waive any objection which you may now or hereafter have as regards such forum nominated (by us) being not convenient or appropriate. Nothing in these Terms shall affect our right to bring proceedings in any other jurisdiction for the purposes of the enforcement or execution of any judgment or other settlement in any other court or the right to serve process in any other manner permitted by law.