These terms and conditions apply to visitors to the website (or websites) and to users who register for the Services and are legally binding. By accepting these terms and conditions and/or using the Services, you agree to be bound by them. If you do not agree to these terms and conditions, you must not use the Services.
Access to and use of diennea.com, magnews.it, magnews.com, emailsuccess.com and tbd.diennea.com (collectively, the “sites”) are activities regulated by the Terms of Use (“Terms”). Access to and use of the sites therefore imply that you have read, understood and accepted these Terms.
The services requested on the websites are provided directly by DIENNEA S.r.l., with registered office at Viale G. Marconi 30/14, 48017, Faenza (RA), Italy, VAT number 02243600398.
If you require assistance, please contact us at the following email address: helpdesk@magnews.com. You will find information about the free services available and those available for a fee, the website registration form, suggestions and other general information about the services provided by the websites.
For information regarding the processing of personal data by the websites, please refer to the Privacy Policy of the websites.
Diennea may amend or simply update these Terms of Use, in whole or in part. Amendments 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 as soon as they are published on the website in this section.
By accessing this site, you (the “user” or “you”) represent and warrant that you have read, understood and agreed to (1) be bound by the following terms and conditions (“Agreement”) which also set forth the conditions of use as a registered user of our (“Services”); (2) you have the qualification and capacity to enter into this Agreement; and (3) you agree to comply with all applicable laws and regulations regarding access to and use of the sites.
Article 1 – Access and use
Users may access the services directly from the Websites. In some cases, registration will be required, during which certain information and personal data will be requested and processed in accordance with the provisions of the Privacy Policy. The Services are free of charge.
You may not access or use the Services for any illegal or unauthorised purpose. International users agree to comply with all local laws regarding privacy and Personal Data Protection Officers, online conduct and the lawfulness of content.
You must not amend, adapt, or unlawfully insert anything into the websites or amend another website, causing it to appear that such website is associated with any of the websites.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not violate any laws of your legal system (including, but not limited to, copyright laws).
Article 2 – Registration
In order to use some of our Services, you may be required to register by creating an account and filling in a form with personal data (for example, for services provided by the diennea.com website), from which you can request registration for services or download materials.
In order to register, you must complete the registration process by providing us with current, complete and accurate information as requested in the online registration form.
It is your responsibility to keep your registration details up to date, complete and accurate, and you are responsible for any harm caused by your failure to do so.
You will be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password and your account. Furthermore, you are solely responsible for all activities carried out using your account. You undertake to notify us immediately of any unauthorised use of your account. Diennea is not responsible for any harm you may suffer as a result of the use of your password or account by third parties, whether or not you are aware of it. You may cancel your account at any time.
In the event of a breach of this agreement, we may, at our sole discretion, terminate your account, remove or amend any content or access related to your account, or take any other action we deem appropriate.
Article 3 – Ownership, proprietary information and intellectual property
a) Intellectual property of Diennea
With the exception of content provided by users, or linked to or originating from an external source, all information and materials appearing as part of the sites (including text, diagrams, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, qualifications and names (and collectively “intellectual property” are the property of Diennea Srl and are governed by this Agreement.
The websites in their entirety and everything that is subject to intellectual property are protected by copyright laws, distinctive signs and trademarks in force in Italy, as well as by European Union law, international treaties and agreements, and the laws of other countries, where applicable.
With the exception of information in the public domain or for which you have been authorised in writing by Diennea S.r.l., you may not use, reproduce, copy, amend, publish, transmit, distribute, perform, display, download, license, enter into a database, use to create derivative works, reverse engineer, transfer or sell any intellectual property, information, software or products obtained from or through this site, in whole or in part.
b) Related content
Third-party content that you link to or reference when you post content on the Sites belongs to that third party.
Diennea respects the intellectual property rights of third parties. By submitting any material or photographs through the Sites, (1) you grant permission for publication on the sites, and (2) you represent that you are the legal owner of the material submitted and that no other person or legal entity can claim rights to such material.
Diennea reserves the right to remove access to material that is the result of such violations.
Article 4 – Restrictions on use
You are granted a non-exclusive licence to view the content on the Sites, but only during your access to the Sites. Except to the extent necessary for the limited purpose of reviewing the material on the Sites, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any content for profit is strictly prohibited. The use of any of our trademarks as a metatag on other websites is strictly prohibited.
It is prohibited to use any automatic or manual practice, device, process, software, programme, algorithm, methodology or routine, including, but not limited to, “robots”, “spiders” or other similar processes or functionalities to interfere or attempt to interfere with, or impose an unreasonable overload on, the functioning of the websites.
Permission to use the Services is automatically revoked if you violate any of the terms and conditions of this agreement.
You are authorised solely to visit, view and retain a copy of the pages of the sites for your personal use and you undertake not to duplicate, download, publish, amend or otherwise distribute the material of the sites for any commercial use or for any purpose other than that described in this Agreement. You also agree not to deep-link to the sites for any purpose, unless specifically authorised by Diennea.
Article 5 – Unauthorised use of the Service
You may not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree not to post or store on our sites any software, information, data, databases, music, audio files, video or audio-video files, photographs, images, documents, text, digital files or other material (“Material”) that infringes intellectual property rights (including copyright, trademarks, trade secrets, patents, rights of publicity, or, to the extent protectable, confidential ideas. Illegal or unauthorised use of the sites, including, but not limited to, framing of the sites or linking to unauthorised sites or unauthorised use of any robot, spider or other automatic device on the site, will be investigated and will be subject to all legal action deemed appropriate, including civil proceedings.
Article 6 – Publication of content or linking to sources
Diennea reserves the right to refuse to publish or to delete any user content or linked source if it contains or presents any of the following unacceptable content:
· Offensive, harmful and/or abusive language, including, without limitation: profanity, obscenity, harassment, vulgarity, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
· References to illegal and/or illicit activities, intentional imposition of surcharges, misleading advertising or violations of health rights (e.g., food poisoning, foreign objects in food, etc.);
· Comments on other users;
· Content that includes personal attacks or describes physical altercations and/or sexual harassment;
· Content consisting of advertising or commercial in nature, or which is inappropriate based on the subject matter to which it relates;
· Language that violates the standards 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 regulations, or the rights of any other natural or legal person;
· Language intended to imitate other users (including the names of other individuals) or inappropriate or offensive user names or signatures;
· Content that is encrypted or contains viruses, Trojans, worms, time bombs, robots or other computer programs designed to damage, interfere with, intercept or appropriate any system, personal data or information.
Article 7 – Reporting
If you see any questionable content or have questions about this agreement, please contact Diennea at helpdesk@magnews.com.
Offline behaviour.
Although Diennea cannot control the behaviour 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 to contact, advertise, or sell to any user without their explicit consent.
Article 8 – Limitations of Liability
Diennea is in no way responsible for the accuracy of the information provided by Users to the sites. Use of the sites is entirely at the user’s risk. The services of the sites are provided without any guarantee, express or implied. Diennea shall not be liable for any damage, loss or loss of earnings not attributable to its own fault, direct and/or indirect, suffered by the user or third parties in relation to the use of the Sites or the information contained therein, including, by way of example and without limitation, economic losses, loss or corruption of data, loss of benefits or interests. Diennea’s liability for losses and/or damages suffered by the user due to the content of the sites or in any way related to the sites shall be limited to removing the content or material that caused them from the sites within a reasonable period of time. There is a possibility that computer hackers may break into the Sites, modify their content and introduce material harmful to them, such as viruses, Trojan horses, worms, time bombs, cancelboots, corrupted files or any other type of destructive software that may damage the computer equipment or property of others. In such cases, Diennea shall not be liable in any way for any damage, loss or amendment caused to the user or third parties. Where circumstances permit, Diennea will notify Users of any interruption to the normal functioning of the Sites and their services. Diennea shall not be liable in any way if the user attempts to connect to the Sites using a computer or software that is obsolete in relation to those normally used for connecting to the Internet. Diennea shall not be liable in any case for damages or harm of any kind caused by the lack of continuity, availability, reliability or usability of the Sites and, in particular, by way of example but not limited to, for errors in accessing them. Diennea shall not be liable for the speed and reliability of the user’s access to the Internet or any type of communication network. Diennea shall not be liable for any loss or any other circumstance arising from the theft, theft or use of any user identification data (username and password) relating to the Sites and access to the programme and databases contained in the restricted area of the sites. It shall be the user’s responsibility to keep confidential the identification data relating to the Sites and access to the restricted area.
Article 9 – Compensation and damages
The user undertakes to compensate, defend and indemnify Diennea, its agents, collaborators, directors and employees from and against any claim, action, request, liability, cost and expense, including, without limitation, reasonable legal fees, arising out of the breach of any provision of this agreement, or any guarantee provided herein, or otherwise arising in any way from the use of the websites and/or the software. Diennea reserves the right to assume exclusive control of the defence activities for any action aimed at obtaining compensation from the user, and should this occur, the user shall be required to cooperate fully with Diennea in carrying out any possible defence measures.
Article 10 – Amendments to this agreement
At its sole discretion, Diennea reserves the right to amend, suspend or terminate this Agreement, the Services and the Sites and/or any part thereof, and/or your account and password at any time for any reason, with reasonable notice. Please consult this Agreement regularly for amendments. Your continued use of the Sites constitutes your acceptance of the Agreement and its amendments in full and you agree to be bound by them. If at any time you do not agree to these amendments, you must immediately cease using the Services.
Article 11 – Amendments/termination
In the event that the user’s access to the Services is terminated, the User will still be bound by the obligations arising from this Agreement and any additional conditions, including the guarantees given by the User and the exclusions and limitations of liability. Diennea is also not responsible to the user or any third party for any discontinuation of access by the user. The user may, however, withdraw from this Agreement at any time by cancelling their registration for the Services, except as specified in the previous period.
Article 12 – General provisions
This Agreement, the rights and obligations of users and Diennea, and all actions provided for in this agreement shall be governed by Italian law. Any disputes arising between the user and Diennea shall be referred to the exclusive jurisdiction of the Court of Bologna, without prejudice to any different jurisdiction provided for by law in favour of the user.
The use of our Services is not authorised in jurisdictions that do not recognise the validity of all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover from the losing party the legal fees incurred.
No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of our Services.
In the event of invalidity or inapplicability by law of any provision of this Agreement, including, but not limited to, the exclusions of guarantee and limitations of liability indicated above, the remaining provisions shall continue to have full force and effect and the invalid and/or inapplicable provision shall be deemed replaced by the valid and applicable provision that most closely corresponds to the intent and spirit of the original provision.
Our performance of this Agreement is subject to existing laws and procedures, and nothing contained in this Agreement derogates from our right to comply with any requests or requirements arising from the application of such laws.
