With this agreement, Nomosportiva S.r.l. - via Olona, 7 - 20123 Milano (MI) - ITALIA - P.IVA IT08876680961 (“NOMOSPORTIVA”) provides the customer (hereinafter referred to as “SUBSCRIBER”) access and consultation on the contents of the internet site Olympialex for a selected period of time “SUBSCRIPTION”).
2. ACCESS TO THE INTERNET SITE
The activation of the SUBSCRIPTION will take place through online access. The accessing and browsing on the site Olympialex will be through internet and on-line connection charges shall be borne by the SUBSCRIBER. NOMOSPORTIVA will work to ensure a high reliability of the consultation; any necessary maintenance work or updates or scheduled overtime, if they provide a superior data inaccessibility at 24 hours, will be communicated on the site at least 24 hours in advance.
3. INDUSTRIAL AND INTELLECTUAL PROPERTY
The contents of the site Olympialex are subject to intellectual and industrial property of NOMOSPORTIVA and are protected by laws in civil and criminal matters, with particular reference to art. 615 ter and ss. of the criminal code. The SUBSCRIBER shall refrain from any use of the content in competition with the rights of economic use due to NOMOSPORTIVA. In particular, the SUBSCRIBER is not allowed to reproduce himself or have reproduced by a third party on media of any nature in whole or in part the content of the site Olympialex even if modified or communicated to other programs and data. The SUBSCRIBER may print and store a portion of the content solely for the purpose of personal use. The content of the site Olympialex may not be transmitted to computers located outside of the domicile of the SUBSCRIBER , nor can they in no way be offered to a public consultation. The SUBSCRIBER is not authorized to modify, translate, adapt, edit or decompile the content, or create applications derived from it. The documents in the web site or any printed accessories, are covered by copyright and may not be reproduced by the SUBSCRIBER except for personal use and by means of reproduction not suitable for sale or distribution to the public.
4. UPDATE OF THE DATA
NOMOSPORTIVA garantisce il costante aggiornamento dei contenuti del sito Olympialex per tutta la durata dell’ABBONAMENTO.
5. ASSISTENZA TECNICA
NOMOSPORTIVA provides the SUBSCRIBER with a service that only aims to provide support to the SUBSCRIBER in the phase of activation of the SUBSCRIPTION in the case in which, despite the timely execution of instructions received, the access to the content of the site Olympialex doesn’t work. In this case, the SUBSCRIBER must always communicate to their customer’s identity (their email) and be in good standing with the payments.
6. FEE AND DEFAULT INTEREST
The SUBSCRIBER must pay to NOMOSPORTIVA the agreed fee in strict accordance with the terms and conditions of the payment agreement.
The SUBSCRIPTION enters into force from the moment of its activation until the expiration of the term indicated on the site Olympialex, in the area SIGN IN. The possible renewal of the contract will be against the renewal and payment of the subscription to the site Olympialex. NOMOSPORTIVA shall have the right to terminate in advance the contract by sending the customer a written communication by registered letter with a minimum notice of 20 days.
8. TERMINATION CLAUSE AND EXCLUSIONS OF LIABILITY
Each of the parties shall have the right to immediately terminate the contract, by giving notice by registered letter, if the other party has committed a serious breach of the contract. It’s understood between the parties that for serious non-compliance means, as for the SUBSCRIBER, the non-observance of the obligations referred to in arts. 3, 4, 6, and 9, and as for NOMOSPORTIVA the non-repeated observance of the obligations of consultation and updating of data. To the extent permitted by art. 1229 c.c. NOMOSPORTIVA is excluded from any liability for the suspension and/or termination of the access to the site Olympialex connected to and/or dependent on the operations of maintenance and updating. No liability in any way or nature is assumed by NOMOSPORTIVA as to the completeness, accuracy and/or adequacy of the data collected or in reference to the needs of the SUBSCRIBER. The SUBSCRIBER, therefore, is required to assess and verify the contents in all its parts, he himself being solely responsible for the accuracy of the documents and of the results obtained from their use. NOMOSPORTIVA, therefore, doesn’t assume any responsibility for the content and/or correctness and/or completeness of the information provided through the site Olympialex. The decisions and/or assessments resulting from consultation of the site are assumed by the SUBSCRIBER and/or his assigns, in full autonomy and under their direct and sole responsibility. In no case will NOMOSPORTIVA be held responsible, even in part, for any difficulty, defect, anomaly, discontinuity, lack of access and/or use of the database derived from and/or connected to the hardware and software of the SUBSCRIBER, or to the connection through the provider chosen by the same SUBSCRIBER, to the proper functioning of the telephone network or of the devices that make up the internet network.
9. PROHIBITION OF ASSIGNMENT, VARIATION AND HEADERS
It’s expressly prohibited for the SUBSCRIBER to assign to a third party, in whole or in part, the rights arising from the SUBSCRIPTION without the prior written consent of NOMOSPORTIVA. Every change of domicile or address, and so each change request header of the SUBSCRIBER, shall be previously communicated to NOMOSPORTIVA at its headquarters by registered letter to the following address: Via Olona, 7 - 20123 Milan (MI) - ITALY, or through the Contact area of the site.
11. LEGAL NOTES
The content present on Olympialex (texts, images, sounds, videos, graphics, trademarks, logos, audio visuals, software, etc.) are the exclusive property of the tested Olympialex and/or granted to Olympialex licensed by third party owners and/or licensors, and are protected by current legislation regarding the protection of copyright, law no. 633/1941 and subsequent amendments and integrations (hereinafter, “LDA”).
Under the LDA, in the absence of authorisation of the rights holder, is prohibited the reproduction, the making available and communication to the public, as well as the loan, rental, public performance, even partial, and dissemination of the content. The non-observance of these prohibitions involves the application of penalties provided for by art. 171, 171-bis, 171-ter, 174-bis and 174-ter of the above-mentioned LDA.
12. MODIFICATION OF CONTRACT AND JURISDICTION
Any modification of this agreement will be valid only if drawn up and approved in writing. Any dispute that might arise relating to interpretation, execution or termination of this agreement shall be referred to the exclusive jurisdiction of the courts of Milan.