Terms of Service
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU (“YOU,” “YOUR,” OR THE “USER”) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THIS WEBSITE.
Davide Giannotti (“Davide Giannotti,” “our,” “us,” or “we”) owns and operates https://www.davidegiannotti.com and its associated websites and mobile sites (“Site,” or, collectively, “Sites”).
Entire Agreement
This Agreement comprises the entire agreement between User and Davide Giannotti and supersedes any and all prior agreements between the parties regarding the subject matter contained herein davidegiannotti.com (including but not limited to any prior versions of this Agreement). By using our Services, including the Sites, you attest that you are authorized to use our Services as stated herein and that you will comply with this Agreement and all applicable laws, rules, and regulations.
Description of Service
Davide Giannotti provides its Sites, including all information, videos, images, tools, commenting and linking publishing capabilities, and all other services available made available by us to Users through our Sites (collectively, the “Services”). Unless stated otherwise, any new features that enhance or otherwise change the current Services shall be subject to this Agreement.
Changes to Terms of Service
Davide Giannotti reserves the right to modify or discontinue the Services with or without notice. Davide Giannotti shall not be liable to any User or any third party should Davide Giannotti exercise its right to modify or discontinue any Services provided. Davide Giannotti also may change the terms and conditions of this Agreement from time to time. Changes in the terms and conditions of this Agreement will be incorporated in the Agreement posted at https://www.davidegiannotti.com/terms-of-service. Your continued use of the Services constitutes your agreement to abide and be bound by this Agreement and any modifications to this Agreement.
Earnings Disclaimer
To read the Earnings Disclaimer, click here.
Privacy Policy
Davide Giannotti & Privacy Policy is incorporated by reference in this Agreement. Please refer to our Privacy Policy for information as to how Davide Giannotti may collect, process, and use Users’ personal information in relation to the Services provided.
Disclaimer
Davide Giannotti strives to provide accurate and useful information, products, and services to the User. However, Davide Giannotti does not guarantee the completeness, correctness, timeliness, suitability, or availability of our website, products, services, or content. Davide Giannotti is not liable for any errors, omissions, damages, or losses arising from the use of our website, products, services, or content. Your use of our website, products, services, or content is at your own risk.
License
We grant you a limited, non-exclusive, revocable, and non-transferable right to access and use our website, products, services, and content for personal and non-commercial purposes only. You may not copy, modify, distribute, or create derivative works of our website, products, services, or content without our prior written permission. You may not use our website, products, services, or content for any illegal, unethical, or harmful purpose.
Payment
We offer our products and services at various prices, taxes, and fees. We accept payment methods such as credit card, PayPal, or other methods that we may specify. We may offer refunds or cancellations under certain conditions, which we will specify in our product descriptions or checkout process. We reserve the right to reject or cancel any order at any time for any reason. We are not responsible for any chargebacks or disputes that may arise between you and your payment provider.
Delivery
We will deliver our digital products and services to you through electronic means such as email, download link, or other methods that we may specify. We will specify the delivery timeframes and costs in our product descriptions or checkout process. We are not responsible for any risks or damages that may occur during the delivery process, such as data loss, virus infection, or unauthorized access.
Returns
If you receive a defective, damaged, or unsatisfactory product or service from us, you may return it or exchange it under certain conditions that we will specify in our product descriptions or checkout process. You may be required to provide proof of purchase or other documentation. We reserve the right to reject or deny any return or exchange request that we deem unreasonable or fraudulent.
Warranty
We do not offer any warranties or guarantees for our products or services, except as required by law. We do not guarantee any specific results or outcomes from the use of our products or services. We are not responsible for any damages or losses that may arise from the use or misuse of our products or services.
Intellectual Property
You acknowledge and agree that we own all rights, titles, and interests in and to our website, products, services, content, trademarks, logos, and other materials (collectively, "Our IP"). Intellectual property laws, including copyright, trademark, patent, trade secret, and other proprietary rights and laws, protect our IP. You may not copy, modify, distribute, display, transmit, perform, publish, license, create derivative works from, or sell any part of Our IP without our prior written permission. You may not use Our IP in any manner that is likely to cause confusion or that disparages or discredits us. You may not use any meta tags or any other hidden text using our name or trademarks without our prior written permission. Any unauthorized use of Our IP may result in civil and criminal penalties.
User-Generated Content
Our website, products, and services may allow you to upload, post, share, or create content, including but not limited to comments, feedback, reviews, messages, images, videos, or other materials (collectively, "User Content"). You retain all rights, titles, and interests in and to your User Content, subject to the licenses granted to us below. By uploading, posting, sharing, or creating User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with our website, products, and services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the above license to us and that your User Content does not infringe or violate any third-party rights, including intellectual property, privacy, publicity, or other proprietary rights. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms of Service or our policies or that we determine is inappropriate or offensive.
Termination
We may terminate or suspend your access to our website, products, services, or content, in our sole discretion, at any time and without prior notice, for any reason or no reason, including if we believe that you have violated or acted inconsistently with these Terms of Service or our policies. Upon termination or suspension, your right to use our website, products, services, and content will immediately cease, and we may, in our sole discretion, delete or destroy any User Content or other information related to your account.
Dispute Resolution
Any disputes, claims, or controversies arising out of or relating to this agreement, or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the English language before a single arbitrator and held in the jurisdiction of our company's principal place of business. Each party shall bear its own costs and expenses and an equal share of the arbitrator's fees and administrative fees of arbitration. The parties agree that any disputes, claims, or controversies that cannot be resolved by arbitration shall be brought in the courts located within the jurisdiction of our company's principal place of business and hereby consent to the exclusive jurisdiction and venue of those courts.
Governing Law
These Terms of Service and any disputes arising from or related to your use of the website or our products and services shall be governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of law principles. Any legal action or proceeding arising from or related to these Terms of Service shall be brought exclusively in the federal or state courts located in New York, and you hereby consent to the personal jurisdiction and venue of such courts.
Waiver and Severability
Our failure to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
Limitation of liability.
We shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the services or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services or resulting from unauthorized access to or alteration of user’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if the User has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations May not apply to you.
Contact Information
If you have any questions about these Terms of Service, you can contact us by clicking here.