Terms and conditions of Use
The website www.technogym.com (the “Site”) is managed by Technogym S.p.A. (the “Administrator”). The Administrator is an Italian company with registered and business offices in Via Calcinaro 2861, 47521 Cesena (FC), tax code and VAT No. 06250230965 – FC REA no. 315187 – Forlì-Cesena register of Companies no. 06250230965 – Share Capital € 10.050.250 fully paid up.
The conditions and terms set out below apply to the entire Site content and, together with any page or document to which such conditions and terms might refer, constitute the terms and conditions based on which the Administrator allows use of the Site.
Access to the contents of the Site is subject to careful reading and acceptance of these Terms and Conditions of use (the "Conditions”). Use of the Site implies full acceptance of the Conditions.
2. LICENSE CONDITIONS
Except as otherwise provided for in these Conditions or in other sections of the Site, all copyrights and any other intellectual or industrial property rights or any other rights of any kind in any of the content or aspects of the Site, belong to the Administrator or are licensed to the Administrator by their respective owners. Such works are protected by local laws and international treaties on industrial property and copyright, and the rights to the same are expressly reserved. Any use of the Site content not expressly permitted by these Conditions is forbidden. In the event of violation of any of the Conditions, the Administrator reserves the right to prohibit access to the Site and to demand the immediate return or destruction of any material printed or downloaded from the Site. The User is allowed to print or download certain extracts from the Site for strictly personal use only and provided that:
no document or graphic element of the Site is modified in any way;
no graphic element of the Site is used separately from the related text;
the copyright declaration and registered trademark or patent declarations (collectively the “Credits”), together with mention of this license, are attached to each copy extracted from the Site.
Any printed or digital copies of materials downloaded or printed from the Site may not be modified in any way, and the use of images, photographs, videos, audio, graphics or anything else disjointed from their related Credits is forbidden. The position of the Administrator, or of the person(s) indicated by the same, as the author of the material published on the Site must always be stated. Except as provided for above, no part of the Site may be reproduced or stored in any other website or included in any information storage and search or service provision system, without the prior consent of the Administrator. Any other rights or permissions not expressly mentioned in these conditions are expressly reserved.
3. ACCESS TO THE SITE
The Administrator shall make all reasonable efforts, according to a standard of commercial reasonableness, to ensure that the Site is always accessible. Nevertheless, the Administrator shall not be liable if, for any reason, the Site is unavailable, even if only for limited periods of time. Access to the Site may be temporarily suspended, also without prior notice, in the event of system errors, service or maintenance requirements or for any other reason beyond the reasonable control of the Administrator. The user is responsible for activation and maintenance of all agreements and services that allow access to the Site.
4. CONDUCT AND MATERIAL OWNED BY THE USER
With the exception of personal data which will be processed according to that specified above, any materials, content, etc. transmitted or entered on the Site will be considered non-confidential and non-proprietary. Therefore, the Administrator assumes no obligation with regard to such information and materials and shall be deemed authorised to acquire a copy, transmit, disclose and use such materials, both for commercial as well as for other purposes. The User undertakes not to enter or transmit to or from the Site any material:
that is intimidatory, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory or discriminating, menacing, scandalous, inciting, blasphemous, invasive of secrecy obligations, invasive of privacy or which might in any way produce discomfort or damage; or
for which the necessary licenses or approvals have not been obtained; or
that represents or encourages conduct that could be considered forms of crime, which may lead to the liability of anyone, that is in any way contrary to law, public order or morality or that injures the rights of others anywhere in the world; or
that causes damage (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, defective components, corrupted data or other software with harmful or potentially damaging content).
The User may not abuse the Site (including, without limitation, by carrying out hacking activities). The Administrator will actively cooperate with public authorities appointed to carry out investigations and will comply with any court order requesting or ordering the Administrator to disclose the identity or identify individuals that transmit or enter material not compliant with the law and/or that established above.
5. REGISTRATION ON THE SITE
6. LINKS TO or FROM OTHER SITES
Links to third party websites on the Site are only offered to facilitate fruition of the content. By using them, you leave the Site. The Administrator has not carried out any verification of the sites that are linked from the Site and does not control nor is responsible for how such sites are managed, their content and their availability for use. The Administrator therefore does not warrant or represent anything whatsoever with regard to the same, to the material that may be found therein or to any results that may be obtained from their use. Should the user choose to access them by following the links offered by the Site, the same does so under his/her own responsibility and at his/her own risk. Should the user wish to create his/her own link to the Site, he/she may do so only provided that an effective link to the homepage of the Site is created and the content of the Site is not replicated, and provided that:
the dimensions or characteristics of the Technogym trademark and its logo are not removed, deformed or in any other way altered;
no frame is created and/or no other setting is inserted around the Site;
such link does not imply, not even indirectly, that the Administrator is promoting the products or services of third parties;
with this, no attempt is made to suggest, not even surreptitiously, some form of relationship between the Administrator and the user and no attempt is made to convey false, misleading or distorted information with regard to the Administrator;
with this, no attempt is made to use any trademark or logo reproduced on the Site without the prior express written consent of the Administrator;
such link is not activated by a site not managed by the user;
the user's website does not contain content which is disgusting, offensive or controversial, in violation of any intellectual property rights or of any other rights of third parties or that in any other manner is in violation of the law, regulations, public order or morality.
The Administrator reserves the right at any time to revoke the user's right to create a link to the Site or to take any other action that is deemed necessary or appropriate in the event that even only one of the terms specified in this section is violated. The user shall indemnify the Administrator for any loss or damage incurred by the Administrator for violation of any of the conditions set out in this section.
7. IMPORTANT NOTICES
The Administrator will ensure that the information published on the Site is always accurate and up to date, but this does not in any way imply any guarantee regarding the reliability, accuracy or completeness of the information present on the Site. The Administrator may at any time modify the Site and its contents, or modify the description of the products and/or services and possibly their prices, and this without any notice. It is understood that the Administrator does not take any commitment or obligation to update the material published on the Website. Everything published on the Site is produced without any guarantee, condition or other provision. Similarly, without prejudice solely to the extent required by law, the Administrator allows the User to visit the Site on the express assumption that no representation, warranty, condition or other limit (including, without limitation, the implied warranties of good quality, suitability for the proposed use and compliance with due diligence or that of a qualified professional which, except for that excluded by this condition, could have an effect with regard to the contents of this Site).
The liability of the Administrator, or of any other party that has acted on its behalf (regardless of whether it was involved in creating, producing, maintaining or implementing the Site), or of any other group company of the Administrator, of all their directors, managers, employees, shareholders or agents, for any amount and for any type of damage that the user or any third party may incur (including, without limitation, any direct, indirect or consequential damage, loss of profit, damage to commercial goodwill, loss of data, contractual damage or tort, revaluation, interest or otherwise, deriving from or in any way connected with the interruption of activity, including due to mere omission or negligence, depending on contractual liability or tort) in any way depending on the operation of the Site or in any way connected with the use, impossibility of use or on the results of use of the Site, or depending on any other website which is linked to the Site or on the material on such websites, including, without limitation, loss or damage due to the dissemination of viruses that may infect the User's electronic equipment (PC or otherwise), software, data or other property used to access, use or browse the Site by the User or used to download materials from the Site or from other websites linked to the Site, is expressly excluded. This limitation of liability does not intend to exceed mandatory legal limits or those for cases of malice or gross negligence.
9. CONDITIONS FOR USING THE SITE
The User assumes all charges and responsibility for any adaptation of his/her hardware, software or otherwise or for any repair, maintenance or correction of the same needed to access the content or use the services provided by this Site.
10. APPLICABLE LAW
These conditions are subject to Italian law.
TECHNOGYM IMAGE BANK ON MARKETING SUPPORT
By entering the Technogym Image Bank on Marketing Support and downloading the photographic images stored in this website (the “Images”) you agree to be bound by the following terms and conditions (the “T&C”). If you do not accept or agree with these T&C do not download or access the Images from the Technogym website. The Images are provided under the following T&C that state what you may and may not do with them and contains limitations on warranties and remedies.
Terms and conditions for use of the images
Technogym does not sell any of the Images but rather grants license to use them for limited usage.
The Images are copyrighted and remain the full property of Technogym and/or its licensors, including the authors and the persons depicted, which continue to own the intellectual property rights or any other rights in the Images.
You may not sell, transfer, assign or sub-license any Image to a third party. You may not make any type of copy, digital or printed, with the intent of re-licensing or reselling the Image. Only you are permitted to use the Images. Any additional person who wish to use the Images must register and download it from the Technogym website by adhering to these T&C.
Upon these T&C you are granted a limited, non-exclusive, non-transferable license to use the Images limited to the following purposes: direct mailing, leaflets, printed materials to dress the club, banners and posters (i.e. P.O.P.), everything for internal use only. You are also licensed to use the image on your social networks. Unless the activity is expressly permitted, you are not allowed to do it unless you submit to Technogym a proper request for authorization to use the Images by sending an e-mail to the following address: email@example.com . In this event, you will be allowed to use the Images for the purposes described in your request only upon Technogym’s express approval and such right to use the Image is accorded only for a single, unique use, to the exclusion of all other simultaneous or posterior use not expressly requested and authorized.
You may not do anything with the Images that is not expressly permitted. For greater certainty, you may not: (a) use the Images in design template applications for resale; (b) display the Images to induce sales of “print on demand” products, such as postcards, t-shirts, posters and other items; (c) use the Images in any items for resale; (d) use the Images or any part thereof as part of a trademark, design-mark or logo; (e) incorporate the Images in any product that results in a re-distribution of the Images; (f) use the Images in a fashion that is considered by Technogym S.p.A. (acting reasonably) as pornographic, obscene, defamatory or libellous in nature; (g) use any Image that depicts a person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, contraband or crime; (h) remove any notice of copyright, trade-mark or other proprietary right from any place where it appears on or in the Image or its accompanying materials; (i) post a copy of the Images on a network server or web server for use by other users.
Technogym authorizes You to use the Image/s, according to your request, at no charge as long as you conform to the present T&C and to any supplementary restrictions which Technogym may impose at any time. Technogym reserves the right to modify the present conditions and to impose additional conditions on the authorization for the use of the Images. Technogym can revoke the authorization at any time after having given reasonable notice of its intention to do so.
In case of non-respect of any one of the present T&C, Technogym can revoke the authorization for the use of the Image/s with immediate effect, without prejudice to any other recourse. In the case of revocation of the authorization for the use of the Image by Technogym you agree to return to Technogym, without delay, all examples or copies of the photo in your possession or, should that not be reasonably possible taking into account the nature of the medium used, to destroy them and to certify their destruction to Technogym in writing.
Some of the rights in the Images are limited in point of time. The duration of the licensed rights is stipulated in relation to the specific image when ready for download. Technogym reserves the right to revoke the use of such Images at any time for any reason, including expiration of the original use rights on any of the Images. Upon notice, sent to the address or contact information provided by you at the time the Image was downloaded, or such other address as you may advise us in writing and/or by e-mail, the license for the relevant Image terminates. You agree not to use the Images for which the rights have terminated and to take all reasonable steps to discontinue use of such Image.
You, as user of any Images contained on the Technogym Marketing Support, accept any and all liability arising from such use. Technogym makes no representation or warranty with reference to the Images in its Technogym Image Bank on Marketing Support. You agree to indemnify and hold Technogym harmless against any and all claims, costs and expenses whatsoever, including attorney’s fees, arising from any use of an Image.
THE IMAGES AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TECHNOGYM DOES NOT REPRESENT OR WARRANT THAT THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT ITS USE OR DOWNLOAD WILL BE ERROR FREE.
IN NO EVENT SHALL TECHNOGYM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, DISTRIBUTORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE IMAGES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELELCTUAL PROPERTY RIGHTS OR OTHERWISE.
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Images pursuant to these T&C.
These T&C are governed by the laws of the Republic of Italy without reference to conflicts of laws principles. These T&C will not be governed by the United Nations convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You consent to service of any required notice or process upon you by e-mail, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time of your registration on the Technogym website or at the time the Image was downloaded, or such other address as you may advise us in writing to use, from time to time.
All disputes arising out of, under or in connection with these T&C, including without limitation, its validity, interpretation, performance and breach, shall be submitted to the exclusive jurisdiction of the Italian courts. The parties irrevocably agree that all disputes will be settled exclusively by reference to the judge of the Court based in Bologna, Italy save that you hereby agree that (a) Technogym shall have the right to sue to recover any amounts due to it under these T&C in any jurisdiction in which you are operating or have assets and (b) Technogym may commence legal proceedings in any jurisdiction in connection with the enforcement or protection of its intellectual property rights owned by Technogym.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU ANDTECHNOGYM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND TECHNOGYM RELATING TO THE USE OF THE IMAGES WITHIN THE TECHNOGYM IMAGE BANK ON MARKETING SUPPORT.