Almondine Legal Terms and Conditions
Version updated January 1, 2021.
Welcome to the Almondine website!
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT TO YOUR CHILD’S USE OF OUR WEB SITE, THEN YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS WITH RESPECT TO YOU AND YOUR CHILD’S USE OF THE WEB SITE.
In some circumstances, such as subscription-based services, rules for particular contests or sweepstakes or other special or temporarily offered services, special terms may apply. The special terms are posted in connection with the available service. Subject to law, the posted terms are additional to these Terms and Conditions, and if there is a conflict, the posted terms prevail over these Terms and Conditions.
You acknowledge that these Terms and Conditions are supported by reasonable and valuable considerations, including without limitation your use of the Almondine website and receipt of data, information and materials made available to you at or through the Almondine website, as well as the possibility of display of your entry or solicited submission to other users of the Almondine website.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in any Almondine website are the copyrighted property of Gabriele Zucchelli. All trademarks, service marks, trade names, and trade dress are proprietary to and the property of Gabriele Zucchelli, or her affiliates or licensees. Unless specifically indicated or agreed to in writing, no material from the Almondine website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may copy one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download materials to a database that can be used to avoid future downloads from any Almondine website. The use of any Almondine material on any other website or computer environment is prohibited without written consent from Gabriele Zucchelli.
IT IS HEREBY ACKNOWLEDGED AND AGREED BY YOU THAT NOTHING IN THESE TERMS AND CONDITIONS SHALL HAVE THE EFFECT OF TRANSFERRING ANY OWNERSHIP OF ANY TRADEMARKS, COPYRIGHTS, SERVICE MARKS, TRADE NAMES, TRADE DRESS OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS IN THE WEBSITE OR CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY, NOR TO AUTHORIZE YOU OR ANY THIRD PARTY TO CREATE DERIVATIVE WORKS BASED ON THE CONTENT.
We like to hear from our website visitors. We value your comments, both positive and negative regarding our website, products and services. Please be aware that it is our position and policy to not accept, respond to, or consider any creative ideas, suggestions, or materials other than those that we specifically request. It is this policy’s intent to avoid potential misunderstandings when Almondine creative materials (e.g. story lines, characters, artwork) might seem to be similar to unsolicited creative materials. Please do not send any unsolicited original creative materials such as artwork, story lines, character suggestions, product ideas, pitches, concepts, screenplays, photographs, drawings, videos, audio visual works, musical compositions (including lyrics) sound recordings, your or another person’s name, likeness, voice, profile, appearances, performances and/or biographical information, or other similar or related materials (hereinafter Content). While we do value all feedback on our website, products or services, we strongly request that you be specific in your comments on our website, products or services and refrain from submitting any unsolicited Content. If, for any reason, you send or provide solicited Content (e.g., writings, graphics or emails) or despite our request, you send unsolicited Content (hereinafter solicited and unsolicited Content is referred to as Submissions”), then the Submissions shall be deemed, and remain, property of Almondine. Not all Submissions shall be subject to any obligation of confidentiality on Almondine’s website and Gabriele Zucchelli shall not be or become liable for any use or disclosure of any Submission(s). Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
By providing or communicating a Submission to us, you represent and warrant that you own or have the necessary rights, licenses, consents or permissions, without the need for any permission from or payment to any other entity or person, to exploit, and to authorize Almondine to exploit such Submission in all manners that may be contemplated by or from these Terms and Conditions.
Almondine WEBSITE RULES
The following is a list of the Website Rules of Conduct for the Almondine website. By using the Almondine website you agree not to do any of the following:
• Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
• Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
• Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind;
• Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, denial of service, or other harmful components;
• Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
• Engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
• Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
• Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We cannot and do not assure that other users of the website are or will always comply with above Website Rules or any other provisions of these Terms and Conditions, and, as between you and us, you hereby assume all risk of harm or injury resulting from any lack of another user’s compliance with the Terms and Conditions.
Additionally, if available, you may use electronic greeting cards or mobile messaging for noncommercial purposes only. You must furnish your actual email address or mobile phone number in order to send a card or message. Any business use, “remailing,” or other high-volume application is strictly prohibited. You are not permitted to send cards or messages using an automated program. Electronic greeting cards and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity.
Almondine reserves the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including messages, emails, or postings, that is in violation of these Almondine Website Rules. We also reserve the right to remove messages, emails, or postings that do not pertain to the designated topic or theme of the Forum.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Almondine website in violation of the law.
CONTENT LINKED TO ANY ALMONDINE WEBSITE
THE MATERIALS IN THE ALMONDINE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE ARE NOT RESPONSIBLE FOR ANY OF THE ARTICLES, COMMENTS, REVIEWS, OR USER NAMES POSTED TO THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY ALMONDINE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY ALMONDINE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY ALMONDINE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to or from any Almondine website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from any Almondine website or third-party content on our websites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party websites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE ALMONDINE WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR £1 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE ALMONDINE WEBSITE.
The Almondine website is controlled and operated by Gabriele Zucchelli. We make no representation that materials on any Almondine website are appropriate or available for use in any particular location. Those who choose to access a Almondine website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Subject to the requirements of applicable consumer rights and other laws, you hereby agree and consent that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only according to the law of England and Wales and all disputes (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
We make representation that the content on any Almondine website is appropriate or available for use in any particular location. Those who choose to access and use a Almondine website are responsible for complying with all applicable laws.
35 Rosslyn Road
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of our copyrights.