Terms of Use

Terms of Use of the Website https://tourvespucci.it

 

These Terms (hereinafter referred to as “Terms” or “Terms of Use”) govern the use of this Website and any other Agreement or legal relationship with the Owner in relation to the Website https://tourvespucci.it. 

Users are requested to read this document carefully. 

This Website is a service produced by: 

99 Tour Vespucci Srl – Via Fulcieri Paulucci De’ Calboli 5 – 00195 Rome (RM) – VAT No. 17592821007 Owner’s e-mail address: privacy@tourvespucci.it 

It should be noted that certain provisions of these Terms may only be applicable to specific categories of Users. In particular, some provisions may apply only to Consumers or only to Users who are not acting as Consumers. Such limitations are always explicitly mentioned in each clause. If not mentioned, the clauses apply to all Users.

 

Website Content

 

Unless otherwise specified, the conditions outlined in the Terms of Use are generally valid. Additional conditions and access rules applicable in particular situations are expressly indicated in this document. By using this Website, User declares to meet the following requirements: there are no restrictions for Users regarding whether they are Consumers or Professional Users.

Unless otherwise specified, all content available on this Website is owned or provided by the Owner, in collaboration with the Italian Ministries indicated on the Website. 

The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable regulations or third-party rights. However, it is not always possible to achieve this result. 

In such cases, without prejudice to any legally exercisable rights and claims, Users are requested to direct related complaints to the contact details specified in this document.

 

Rights on Website Content

 

The Owner holds and expressly reserves all intellectual property rights on the content of the Website, the domain of which is owned by the Owner. 

Users are not authorized to use the content in any way that is not necessary or implied in the correct use of the Service. 

In particular, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, licensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on the Website, nor to allow third parties to undertake such activities through their User account or device, even without their knowledge. 

Where expressly indicated on the Website, the User is authorized to download, copy, and/or share certain content available on the Website exclusively for personal and non-commercial purposes, provided that the authorship of the work is attributed and any other relevant circumstances required by the Owner are indicated. 

The limitations and exclusions provided by copyright law remain unaffected.

 

Access to External Resources

 

Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

 The conditions applicable to resources provided by third parties, including those applicable to any grants of rights on content, are determined by those third parties and regulated in their terms and conditions or, in their absence, by law, and Users are invited to review them.

 

Permitted Use

 

This Website can be used only for the purposes for which it is offered, according to these Terms and under the applicable Italian law as specified below. 

It is the sole responsibility of the User to ensure that the use of the Website does not violate the law, regulations, or third-party rights. 

Therefore, the Owner reserves itself the right to take any appropriate measure to protect its legitimate interests, including denying the User access to the Website or parts of it, terminating contracts, reporting any censurable activity performed through this Website to the competent authorities – e.g., judicial or administrative authorities – whenever the User engages in or is suspected of engaging in:

• violations of laws, regulations, and/or the Terms;
• infringements of third-party rights;
• acts that may damage the legitimate interests of the Owner and/or the Ministries indicated on the Website;
• offenses against the Owner, the Ministries indicated on the Website, or a third party.

Limitation of Liability for User Activities on the Website

 

Unless otherwise specified and without prejudice to applicable legal provisions, any compensation claims against the Owner (or any natural or legal person acting in collaboration with the Owner and/or on its behalf) are excluded. 

The above does not limit the Owner’s liability for damage to persons or physical or mental integrity, damages resulting from the violation of contractual obligations, and/or damages caused with intent or gross negligence, provided that the use of the Website by the User has been appropriate and correct. 

Except where damages are caused with intent or gross negligence or affect life and/or personal, physical, or mental integrity, the Owner is liable only to the extent of the typical and foreseeable damage at the time of conclusion of the contract.

 

Disclaimer of Warranty

 

The Owner provides this Website “as is” and as available. The use of the Website is at the User’s own risk. To the maximum extent permitted by law, the Owner expressly excludes any conditions, stipulations, and warranties of any kind – whether express, implied, statutory, or otherwise, including, but not limited to, any warranties of fitness for a particular purpose or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Website will create any warranty not expressly stated in this document. 

Notwithstanding the above, the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, employees, and more generally any subject acting on behalf of the Owner do not warrant that the content is accurate, reliable, or correct; that the Website will be available, uninterrupted, and secure at any particular time or location; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at the User’s own risk and the User will be solely responsible for any damage to their computer system or mobile device or loss of data resulting from such operation or from the use of the Website by the User.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or service. Additionally, the Owner does not take part or monitor any transaction between Users and third-party providers of products or services.

The Website may become inaccessible or not function properly with the User’s browser, device, and/or operating system. The Owner cannot be considered liable for any perceived or actual damage arising from the content, operation, or use of the Website.

 

Limitation of Liability

 

To the maximum extent permitted by applicable law, in no case shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, employees, and more generally any subject acting in collaboration and/or on behalf of the Owner be held liable for:

• any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising from or relating to the use, or the inability to use the Website; and
• any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Website or User account or the information contained therein;
• any error, omission, or inaccuracy in any content;
• personal injury or property damage, of any nature, resulting from the User’s access or use of the Website;
• any unauthorized access to the Owner’s secure servers and/or any personal information stored therein;
• any interruption or cessation of transmission to or from the Website;
• any bugs, virus, trojans, malware, or similar that may be transmitted to or through the Website;
• any error or omission in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website; and/or
• the defamatory, offensive, or illegal conduct of any User or third party. 

In no event shall the Owner and its subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, employees, and more generally any subject acting on behalf and/or in collaboration with the Owner be held liable for any claim, proceeding, liability, obligation, damage, loss, or cost.

Indemnification

 

The User agrees to defend, indemnify, and hold harmless the Owner, the Ministries indicated on the Website, the subsidiaries, affiliates, officers, agents, co-branders, partners, suppliers, employees of both the parties, and more generally any subject acting on behalf and/or in collaboration with the Owner from and against any claim or demand, damage, obligation, loss, liability, cost or debt, and expense, including, without limitation, legal fees and costs arising from:

• the use of or access to the Website by the User, including any data or content transmitted or received by the User;
• the User’s violation of these Terms, including, without limitation, any breach by the User of any representation or warranty set forth in these Terms;
• the User’s violation of any third-party rights, including, but not limited to, any right related to privacy or intellectual property;
• the User’s violation of any law, rule, or regulation;
• any content submitted by the User’s account, including, without limitation, misleading, false, or inaccurate information and including also the case where access is made by third parties with the User’s personal username and password or other security measures, if any;
• the User’s willful misconduct; or
• the violation of any statutory provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers, and employees, to the extent permitted by applicable law.

Common Provisions

 

No Implicit Waiver 

 

The Owner’s failure to assert any right or provision under these Terms and/or the lack of any legal action against the User does not constitute a waiver of such rights. No waiver will be considered final in relation to any specific right or any other right under these Terms.

 

Website Interruption 

 

To ensure the best level of service, the Owner reserves itself the right to interrupt the Website for maintenance purposes, system updates, or any other change, informing Users appropriately.

Within the law’s limits, the Owner also reserves itself the right to suspend or terminate the Website entirely. In the event of termination of the Wewbsite, the Owner will ensure that Users can extract their Personal Data and information according to the law. 

Additionally, the Website may not be available due to reasons beyond the reasonable control of the Owner, such as “force majeure” (e.g., labor strikes, infrastructure gaps, blackouts, etc.).

 

Resale of the Website

 

Users are not authorized to reproduce, duplicate, copy, sell, resell, or exploit this Webite in whole or in part without prior written consent from the Owner.

 

Privacy Policy

 

Information on the processing of personal data are included in the Privacy Policy of this Website, which can be accessed here (link to the Website’s privacy policy).

 

Intellectual Property

 

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyright, trademarks, patents, and designs related to the Website, are held exclusively by the Owner and/or the Ministries indicated on the Website and are protected in accordance with applicable intellectual property laws and international treaties.

All trademarks – whether word or figurative – and any other distinctive sign, company name, service mark, illustration, image, or logo that appears in connection with the Website are and remain the exclusive property of the Owner and/or the Ministries indicated on the Website and are protected in accordance with applicable intellectual property laws and international treaties.

 

Changes to Terms

 

The Owner reserves itself the right to modify the Terms at any time. In such a case, the Owner will duly notify Users of the changes. The changes will take effect from the moment they are published on the Website. The Owner will make every effort to minimize any inconvenience to Users regarding these changes. 

It is understood that continued use of the Webite implies the User’s acceptance of the updated Terms.

 

Contract Assignment

 

The Owner reserves itself the right to transfer, assign, dispose of, or subcontract all or any rights or obligations under these Terms, taking into account the legitimate interests of the User. Provisions relating to changes to these Terms will apply accordingly. The User may not assign or transfer their rights or obligations under these Terms in any way without the written consent of the Owner.

 

Contacts

 

All communications relating to the use of this Website must be sent to the contact details stated in this document.

 

Severability Clause

 

If any provision of these Terms should be or become void or ineffective under applicable law, the voidness or ineffectiveness of such provision shall not cause the remaining provisions to become void or ineffective, which shall therefore remain valid and effective.

 

Amicable Settlement

 

If any provision of these Terms should be or become void, invalid, or ineffective, the parties will endeavor to amicably identify a valid and effective provision that replaces the void, invalid, or ineffective one.

In the event of failure to reach an agreement as described above, if permitted or provided by applicable law, the void, invalid, or ineffective provision will be replaced by the applicable regulations.

Notwithstanding the above, the voidness, invalidity, or ineffectiveness of a specific provision of these Terms does not entail the voidness of the entire Agreement, unless the void, invalid, or ineffective provisions within the Agreement are essential or of such importance that the parties would not have entered into the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would result in an excessive and unacceptable burden on one of the parties.

 

Governing Law

 

The Terms are governed by the law of the place where the Owner is established. Therefore, the services of the Website are subject to Italian law; this law particularly concerns all events related to the Vespucci World Tour 2023-2025 and the associated organizational and technical activities undertaken by the Owner. In the event of a conflict between Italian law and the laws of other countries, with regard to aspects related to the ownership, availability, and use of the Website, Italian law shall prevail.

 

Prevalence of National Law

 

However, if the law of the country where the User is located provides for a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction

 

The exclusive jurisdiction to hear any dispute arising from or in connection with the Terms is vested in the court of the place where the Owner is established (Rome, Italy), as indicated in the relevant “Governing Law” section of this document.

 

Document update on June 24, 2024