Art. 1 Object. The following General Conditions regulate the use of the website: www.Blackcat-Cideb.com (hereinafter referred to as the “Site”) and of all the services offered through the Site (hereinafter referred to as the “Services”) by D Scuola S.p.A. (hereinafter referred to as “D Scuola”), with registered office in Via Bianca di Savoia 12, 20122 Milano, Italy, relative to the user who accesses it (hereinafter referred to as the “User”), therefore also any parent — or person acting on their behalf — of the Minors registered to the Service, and of the Minors themselves. The parent — or person acting on their behalf — of the Minor registered to the Service, declares they accept the present General Conditions relative to the activities that will be carried out directly by the parent/guardian and/or the Minor. In utilising the Site and/or the Services, the User acknowledges their consent relative to these General Conditions. Therefore, should the User fail to accept all or part of these General Conditions, D Scuola requests they refrain from utilising the Site and/or the Services. D Scuola reserves the right to modify, integrate or change these General Conditions anytime. The User is therefore advised to review them periodically and to check for updates.
Art. 2 Site and Services, conditions and limitations of use. 2.1 The Services provided by D Scuola via the Site, relate to information and multimedia content. 2.2 The Users are aware that all costs relative to any equipment and software programmes required to connect to the Site, and all costs relative to the internet connection, are their sole responsibility. 2.3 The Site and the Services are intended for the User’s personal use only, on the proviso this occurs without profit and without direct or indirect commercial purposes, and provided that the User shall not disseminate the Site’s contents nor alter, modify or delete the Site’s contents, including any copyright, trademark or other proprietary information. Therefore, as an example, the Site’s content cannot be modified, reproduced, duplicated, copied, distributed, sold or otherwise exploited commercially by the User, nor can the software utilised by the Site be copied, modified, decompiled, processed in reverse (reverse engineering) or disassembled by the User themselves. Additionally, the Site, its contents as well as its Services, may not be used for any unlawful purposes; the User may not violate any of the Site’s technical safety measures. The User also undertakes to respect the intellectual and/or industrial property rights of D Scuola, as set out in Art. 4.1 below. 2.4 The email address provided by the User is personal. 2.5 The User is solely responsible for the retention, confidentiality and the use of their email address and as such, remains solely responsible for all proper and/or improper use that may be made of it.
Art. 4 Intellectual and/or industrial property rights — Assignment of rights. 4.1 All the Site’s contents — including but not limited to: logos; images (drawings and/or video and illustrations including photographs); sound; music tracks; software; text; icons; graphs; databases as well as software programmes used by the Site; source codes; projects for software applications; formulas and algorithms — are owned by D Scuola or its licensors and are protected by copyright, trademark, patent and other intellectual and/or industrial property law. Specifically, the word marks, logotypes, registered trademarks and/or registered de facto, the names of D Scuola and/or of the products or Services of D Scuola, are the property of D Scuola and may not be used in any way without the explicit, prior and written consent of D Scuola itself. The User also acknowledges that any content appearing in advertisements, banners and advertising buttons, or via any advertisers, are protected by copyright, trademark, patent and other intellectual and/or industrial property law. Any use without previous written authorisation by D Scuola, or otherwise deviating from the provisions of these General Conditions — including but not limited to the reduction, modification, distribution, transmission and reproduction of the Site’s contents and/or Services — is strictly prohibited, sanctioned by law and may be prosecuted in the applicable court of law.
Art. 5 Links. Through the Site and/or by using its Services, it is possible to follow the links to other websites or other web resources. Therefore, through the aforementioned links, the User may leave the Site and access other websites related to D Scuola, or even third parties (hereinafter referred to as “External Sites”, characterised by a different domain name). It may be that the content and/or services of External Sites are not controlled by D Scuola, therefore: (i) the information and opinions expressed in External Sites do not necessarily reflect those of D Scuola, nor can they be attributed to, or considered endorsed by D Scuola itself; (ii) it may be that the content and/or services of External Sites do not comply with the applicable law, or that they are regulated differently from the Site and its Services; and (iii) should the User link to External Sites of foreign affiliates of D Scuola, or third parties whose nationality is not Italian, the contents and/or services of such foreign External Sites are regulated according to the international rules applicable to them. Therefore, D Scuola advises the User who chooses to leave the Site to connect to an External Site, to always read the legal notices and privacy policies of all External Sites they access.
Art. 6 Disclaimer of warranties and limitation of liability. 6.1 From time to time, D Scuola may modify, move, delete or add parts to the Site, including all content, Services and software. All the contents on the Site are supplied “as is”, without guarantees of any kind, either express or implied. D Scuola does not guarantee nor issue any statements relative to the use of, or the outcomes of utilising the content and/or the Services available on the Site in terms of correctness, accuracy, reliability and more. All content published on the Site is understood to be up-to-date on the original date of publication. The fact that a document may be available on the Site does not imply the information contained therein was not modified or replaced by subsequent events or by a document published at a later date. D Scuola is under no obligation to update the information or the statements contained on the Site; therefore, such information or statements should not be considered current at the time when the User accesses the Site. Furthermore, any part of the content available on the Site may contain technical inaccuracies or typographical errors. 6.2 The User is required to periodically review the present General Conditions to check for updates. In any case, any liability on behalf of D Scuola towards the User is excluded, relative to any changes to the terms and conditions of use and/or the use of the Services. 6.3 The User, notwithstanding any other provision contained in these General Conditions, expressly recognises and declares that: a) D Scuola is exempt from any kind of liability and guarantee, express or implied, including guaranteeing the continuity, quality or quantity of Services; b) D Scuola does not assume any responsibility for damages, loss of data and information, damages arising from delays or loss of opportunities, inaccurate or failed retrieval of information, difficulties or problems of any kind; c) under no circumstances shall D Scuola be held liable for the failure or incorrect fulfilment of any legal or regulatory procedure by the User, relative to these General Conditions; d) D Scuola cannot in any way be held responsible for the contents and/or advertisements and/or functionalities of the External Sites and/or for products and services of any kind (including e-commerce), promoted, offered or marketed therein. The User thereby acknowledges that D Scuola is in no way responsible, either directly or indirectly, for any damages incurred by the User relative to the contents of the External Sites, or relative to any purchases or use of goods or services accessed via the External Sites. 6.4 Any notices, tips or information, whether written or verbal, provided to the User or otherwise obtained and accessed by the User via the Site or the Services, shall not imply any guarantee or other obligation on the part of D Scuola. Therefore, D Scuola does not guarantee the suitability of information intended for technical or specialist purposes that the User may have retrieved from or via the Site and/or the Services; the corroboration of the information obtained remains solely and always with the User before using it in any way. Specifically, with regard to the commercial or financial data available on the Site, D Scuola advises the User to read the official, updated financial documentation made available to the public by D Scuola, without relying or trusting in any way what is contained and displayed on the Site and/or Services. 6.5 To the fullest extent permitted by the law, D Scuola excludes all guaranties, express or implied, including but not limited to, implied warranties of merchantability, suitability to a particular purpose and non-infringement. D Scuola does not guarantee the correctness, accuracy, completeness or usefulness of the information contained on the Site. D Scuola does not guarantee that the Site and/or the Services shall not be interrupted or that they shall be free of errors, that any defects shall be rectified or that the Services, the Site or the server making them available, be free of viruses or any other harmful features. Any contents and/or items downloaded or otherwise acquired from or via the Site and Services is obtained at the sole and exclusive discretion and the sole risk of the User, who is solely and exclusively responsible for any damages to their computer, or for any data loss resulting from the download of such content and/or items or from using the Site and/or the Services; therefore, it is understood that in the eventuality of errors and/or adverse events, D Scuola shall not be liable for any costs of assistance, repair and rectification services. Furthermore, with the exception of wilful misconduct or gross negligence, under no circumstances shall D Scuola be liable for damages, direct or indirect, arising from the use or failed or impeded use of the Site and/or the Services.
Art. 7 Indemnity. The User undertakes to utilise the Site and the Services exclusively in accordance with these General Conditions and the law, for lawful purposes, subject to the rules of fairness and diligence and, in any case, without infringing upon the rights of D Scuola or third parties. The User assumes full responsibility for their conduct relative to the Site or the Services (e.g. videos, photos, comments, data or texts sent via the Services or the Site), indemnifying and keeping D Scuola free from any resulting request for damages or claims made by third parties for activities relative to the User or persons authorised by the same to access the Site or the Services.
Art. 8 Use of Services against payment or purchase of goods. In the event of goods purchased by the User, in addition to these General Conditions, the general conditions of sale on the Site and the special conditions in turn applicable to the Service or the selected product, shall also be applied. The rules on distance contracts shall apply, subject to Legislative Decree of 6 September 2005, No. 206 and subsequent amendments and additions (“Consumer Code”).
Art. 9 Governing law and jurisdiction. These General Conditions are governed under Italian Law. For any dispute arising from or connected to these General Conditions, or otherwise relating to the Site or the Services, the Court of Milan shall be the exclusive governing jurisdiction.