Terms and Conditions
Terms of Service
These Pascalini Marco Irinel, PFA, Inc. Terms of Service comprise a legal agreement between you and Pascalini Marco Irinel, PFA, Inc. (“Pascalini Marco Irinel, PFA, Inc.”) and governs your use of the Pascalini Marco Irinel, PFA, Inc. services. BY SUBSCRIBING TO AND/OR USING A Pascalini Marco Irinel, PFA SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, AS MAY BE MODIFIED FROM TIME TO TIME BY Pascalini Marco Irinel, PFA IN ITS SOLE DISCRETION. If you do not agree to these Terms of Service do not subscribe to or use the Pascalini Marco Irinel, PFA services.
Pascalini Marco Irinel, PFA is comprised of Internet Web sites and Web pages operated by Pascalini Marco Irinel, PFA, Inc. and its affiliates and of various products and services which are provided by Pascalini Marco Irinel, PFA, Inc., its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "Pascalini Marco Irinel, PFA" or the "Pascalini Marco Irinel, PFA System." "You" means You, Your company, Your employees, and anyone who has access to use Your Pascalini Marco Irinel, PFA; account. You must be at least eighteen (18) years of age to subscribe to and use any Pascalini Marco Irinel, PFA service or product.
The Pascalini Marco Irinel, PFA System is offered to You on the condition that You accept these Terms of Service. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, and other terms and guidelines found throughout the Pascalini Marco Irinel, PFA System and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Pascalini Marco Irinel, PFA, Inc. reserves the right to change any of the Terms of Service at anytime without notice. If You continue to use the Pascalini Marco Irinel, PFA System after any such changes, Your continued use will constitute Your consent to such changes. Pascalini Marco Irinel, PFA, Inc. does not and will not assume any obligation to notify You of any changes to the Terms of Service.
Any rights not expressly granted herein are reserved by Pascalini Marco Irinel, PFA, Inc.
If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Pascalini Marco Irinel, PFA customer service Web site and send an email requesting a hard copy.
YOUR WARRANTIES
By subscribing to any service offered on the Pascalini Marco Irinel, PFA site, You make the following representations and warranties. Pascalini Marco Irinel, PFA, Inc. shall have the right to terminate your Pascalini Marco Irinel, PFA account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that:
- You and all users of the Pascalini Marco Irinel, PFA System approved by you are at least eighteen (18) years of age;
- You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service, (c) to subscribe to and use the Pascalini Marco Irinel, PFA service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service, and (d) if you are acting in a corporate capacity, you are authorized to bind Your company;
- You will not use the Pascalini Marco Irinel, PFA System for any purpose that is unlawful, or prohibited by these Terms of Service; All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
- Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; and you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution; and that all sales and advertisements will be in compliance with applicable law, rule, and regulation;
By using the Pascalini Marco Irinel, PFA System, You agree that You will defend and indemnify Pascalini Marco Irinel, PFA, Inc. ,its affiliates, and service providers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE Pascalini Marco Irinel, PFA SYSTEM
The Pascalini Marco Irinel, PFA System is provided to assist You with the operation of Your business. Your right to use the Pascalini Marco Irinel, PFA System is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your Pascalini Marco Irinel, PFA account. Pascalini Marco Irinel, PFA, Inc. reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service. Pascalini Marco Irinel, PFA, Inc. reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Pascalini Marco Irinel, PFA System, except as expressly provided herein.
You may not use a trade name or other descriptive term in connection with operating Your Web site that is confusing or misleading to participants, or may otherwise impersonate or deceive participants with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user's rights to use the Pascalini Marco Irinel, PFA System.
You may not interfere with or disrupt the Pascalini Marco Irinel, PFA System, Pascalini Marco Irinel, PFA’s or its service providers’ servers or any network connected to Pascalini Marco Irinel, PFA.
You may not use the Pascalini Marco Irinel, PFA System or the products or services provided through or in connection with the Pascalini Marco Irinel, PFA System to:
- rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;
- defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
- conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns
- sell or distribute distribution lists, containing any personal information, including, without limitation, email addresses, home or work addresses, phone numbers, or any other identifying information whatsoever without the express contractual rights to provide such information;
- harm minors in any way;
- publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is defamatory, libelous, slanderous, or infringing; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
- sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any Pascalini Marco Irinel, PFA services or Your Web site would cause Pascalini Marco Irinel, PFA, Inc. to violate any law, statute or regulation; or any other illegal activity;
- harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
- violate any applicable government laws, rules or regulations.
You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the Pascalini Marco Irinel, PFA System." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer, benchmark, or otherwise attempt to discover any trade secret contained in the Pascalini Marco Irinel, PFA System, or in any product, service or Software provided through the Pascalini Marco Irinel, PFA System.
The information provided by Pascalini Marco Irinel, PFA, Inc. to You is proprietary in nature. You agree not to share any information provided to You by or on behalf of Pascalini Marco Irinel, PFA, Inc. with any third party.
FEES
Some products and services available through or in connection with Pascalini Marco Irinel, PFA require that You purchase a subscription or otherwise pay a fee. You hereby authorize Pascalini Marco Irinel, PFA, Inc. to charge Your credit card in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the Pascalini Marco Irinel, PFA product or service that You have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Pascalini Marco Irinel, PFA account by you or anyone else using your account. Pascalini Marco Irinel, PFA, Inc. reserves the right to modify the fees charged for Pascalini Marco Irinel, PFA products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Pascalini Marco Irinel, PFA, Inc. notifies You via email or otherwise of such modified fees. Amounts not paid by You to Pascalini Marco Irinel, PFA, Inc. when due shall bear interest at the lesser of (a) one and one-half percent (1.5%) per month, or (b) the maximum rate permitted by applicable law.
In the event that Pascalini Marco Irinel, PFA, Inc. terminates Your Pascalini Marco Irinel, PFA account or one or more of Your Pascalini Marco Irinel, PFA services for violation of these Terms of Service, You will not be entitled to the return of any fees paid with respect to any such terminated account service.
CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a Pascalini Marco Irinel, PFA service that You may not be entitled to a refund of all or part of amounts already paid by You for such Pascalini Marco Irinel, PFA subscription. You agree that (a) subscription rates and other fees will be posted on the Pascalini Marco Irinel, PFA Web site and may be changed from time to time by Pascalini Marco Irinel, PFA, Inc. in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you.
CHANGES TO SERVICES, TERMINATION BY Pascalini Marco Irinel, PFA
Pascalini Marco Irinel, PFA, Inc. may change any of the Pascalini Marco Irinel, PFA services at any time from time to time without notice, including terminating the offering of any Pascalini Marco Irinel, PFA service altogether.
Pascalini Marco Irinel, PFA, Inc. may terminate Your account, Your access to Pascalini Marco Irinel, PFA or any of Your Pascalini Marco Irinel, PFA services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Pascalini Marco Irinel, PFA services or from using the Pascalini Marco Irinel, PFA System or from receiving any products, services or benefits from Pascalini Marco Irinel, PFA, if Pascalini Marco Irinel, PFA, Inc. determines You have violated these Terms of Service, if You have failed to remit any applicable subscription or other fees when due, if any representation or warranty made by You is untrue in any respect or if Pascalini Marco Irinel, PFA, Inc. receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Pascalini Marco Irinel, PFA System and there will be no refund of any fees prepaid by You. If You subscribe to a Pascalini Marco Irinel, PFA service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services may remain active as determined by Pascalini Marco Irinel, PFA, Inc. in its sole discretion, and (2) there will be no refund (in whole or in part) of Your annual fee for the Pascalini Marco Irinel, PFA service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
LINKS TO THIRD PARTY SITES
Links within the Pascalini Marco Irinel, PFA System may let You leave the Pascalini Marco Irinel, PFA System. You acknowledge that the linked sites are not under the control of Pascalini Marco Irinel, PFA, Inc. and that Pascalini Marco Irinel, PFA, Inc. is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Pascalini Marco Irinel, PFA, Inc. is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Pascalini Marco Irinel, PFA, Inc. of the linked site or any association with their operators.
LICENSE YOU GRANT TO Pascalini Marco Irinel, PFA
Pascalini Marco Irinel, PFA, Inc. does not claim ownership of the materials You provide to Pascalini Marco Irinel, PFA, Inc. (including feedback and suggestions) or that which You post, upload, input or submit in connection with Your use of Pascalini Marco Irinel, PFA or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of Pascalini Marco Irinel, PFA (collectively "Submissions"). However, You grant Pascalini Marco Irinel, PFA, Inc. a royalty-free, fully paid up, worldwide license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission) Your Submission only in connection with the operation and promotion of Pascalini Marco Irinel, PFA. You also grant Pascalini Marco Irinel, PFA, Inc. the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Pascalini Marco Irinel, PFA, Inc.'s or its sublicense's use of the materials as licensed above. Pascalini Marco Irinel, PFA, Inc. is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Pascalini Marco Irinel, PFA, Inc.'s sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Pascalini Marco Irinel, PFA System, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Pascalini Marco Irinel, PFA, Inc. the license set forth above, and You will defend and indemnify Pascalini Marco Irinel, PFA, Inc. and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.
You grant Pascalini Marco Irinel, PFA, Inc. permission to use screen shots of any Web page that contains a link to Pascalini Marco Irinel, PFA or Pascalini Marco Irinel, PFA HTML in Pascalini Marco Irinel, PFA promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.
SOFTWARE AVAILABLE ON THE Pascalini Marco Irinel, PFA SYSTEM
Software (if any) that is made available to download from or otherwise use through the Pascalini Marco Irinel, PFA System, excluding software that may be made available by third parties via Pascalini Marco Irinel, PFA, ("Software") is the copyrighted work of Pascalini Marco Irinel, PFA, Inc. and/or its licensors, suppliers, or service providers. Your use of the Software is governed by these Terms of Service, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with these Terms of Service, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the terms and conditions of the License Agreement. For any Software not accompanied by a license agreement, Pascalini Marco Irinel, PFA, Inc. hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular Pascalini Marco Irinel, PFA service in accordance with the these Terms of Service and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through the Pascalini Marco Irinel, PFA System may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Pascalini Marco Irinel, PFA System should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of the Pascalini Marco Irinel, PFA System, and products and services of Pascalini Marco Irinel, PFA, is at Your own risk. Pascalini Marco Irinel, PFA, Inc. makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Pascalini Marco Irinel, PFA System, or such products or services. Without limiting the foregoing, NEITHER Pascalini Marco Irinel, PFA INC., NOR ITS RESPECTIVE SUPPLIERS, NOR ITS SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THE Pascalini Marco Irinel, PFA SYSTEM FOR ANY PURPOSE. BECAUSE OF THE POSSIBILITY OF HUMAN AND/OR MECHANICAL ERROR, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Pascalini Marco Irinel, PFA INC., ITS RESPECTIVE SUPPLIERS, AND SERVICE PROVIDERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Pascalini Marco Irinel, PFA INC., ITS SUPPLIERS, OR ITS SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Pascalini Marco Irinel, PFA OR RELATED SERVICES, OR
- WITH THE DELAY OR INABILITY TO USE Pascalini Marco Irinel, PFA OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Pascalini Marco Irinel, PFA; OR - OTHERWISE ARISING OUT OF THE USE OF Pascalini Marco Irinel, PFA, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Pascalini Marco Irinel, PFA, Inc., ANY OF ITS SUPPLIERS, OR SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Pascalini Marco Irinel, PFA, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Pascalini Marco Irinel, PFA SYSTEM AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, Pascalini Marco Irinel, PFA, Inc. is not responsible for any of Your data residing on Pascalini Marco Irinel, PFA , its hardware or systems, including such hardware or systems provided to Pascalini Marco Irinel, PFA, Inc. by third parties. You are solely responsible for maintaining and backing-up Your data and information that may reside on Pascalini Marco Irinel, PFA, Inc.’s hardware or systems, including such hardware or systems provided to Pascalini Marco Irinel, PFA, Inc. by third parties, whether or not such information is produced through the use of Pascalini Marco Irinel, PFA, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Pascalini Marco Irinel, PFA System. It is Your sole responsibility to take the necessary steps to ensure Your primary means of business is maintained. Pascalini Marco Irinel, PFA, Inc. will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Pascalini Marco Irinel, PFA System, its services or products; (b) Your customers' use of Your Web site or Your products and services hosted by or created through Pascalini Marco Irinel, PFA; (c) use of the Pascalini Marco Irinel, PFA System by any other party to whom You have given access to Your company information for use of the Pascalini Marco Irinel, PFA System; (d) errors, bugs, viruses, or other defects in the Pascalini Marco Irinel, PFA System; (e) lost company, customer or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on Pascalini Marco Irinel, PFA; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Pascalini Marco Irinel, PFA, Inc.'s records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Pascalini Marco Irinel, PFA System.
Pascalini Marco Irinel, PFA, Inc. is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Pascalini Marco Irinel, PFA information, through the use of the Pascalini Marco Irinel, PFA System.
Pascalini Marco Irinel, PFA, Inc. is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Pascalini Marco Irinel, PFA System. Pascalini Marco Irinel, PFA, Inc. is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through Pascalini Marco Irinel, PFA. Pascalini Marco Irinel, PFA, Inc. is not acting as Your or any third party's agent in connection with the operation of Pascalini Marco Irinel, PFA. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Pascalini Marco Irinel, PFA, Inc. is not involved in any orders or other transactions between You and other users of Pascalini Marco Irinel, PFA or other marketplace forums, Pascalini Marco Irinel, PFA, Inc. cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
Your payments for orders or transactions conducted via Your Web Site or on any Pascalini Marco Irinel, PFA service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payer"). Pascalini Marco Irinel, PFA, Inc. is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payers. Pascalini Marco Irinel, PFA, Inc. makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Pascalini Marco Irinel, PFA.
INDEMNITY
You agree to defend, indemnify and hold Pascalini Marco Irinel, PFA, Inc. and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your use of Pascalini Marco Irinel, PFA, including, without limitation, Your violation of these Terms of Service, or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Pascalini Marco Irinel, PFA, Inc. or Your use of Pascalini Marco Irinel, PFA.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Pascalini Marco Irinel, PFA, Inc. reserves the right to deny in its sole discretion any user access to Pascalini Marco Irinel, PFA or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Pascalini Marco Irinel, PFA System resulting from any third party using a password or user name issued to You. You agree to notify Pascalini Marco Irinel, PFA, Inc. immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Pascalini Marco Irinel, PFA System known to or suspected by You. You may change Your password at any time by following instructions on the Pascalini Marco Irinel, PFA Web site.
You hereby authorize Pascalini Marco Irinel, PFA, Inc. to rely on any data, notice, instruction or request furnished by You to Pascalini Marco Irinel, PFA, Inc., or that Pascalini Marco Irinel, PFA, Inc. reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Pascalini Marco Irinel, PFA, Inc. is not responsible for fraud of participants or of other users of your account.
YOUR CUSTOMER DATA
Pascalini Marco Irinel, PFA will only use your customer data in accordance with the Privacy Statement.
GENERAL
This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts made and to be performed wholly within such State, without reference to principles of conflicts of laws thereof. Each party hereby irrevocably and unconditionally accepts, and agrees to submit to, the exclusive jurisdiction of any state or federal court in the County and State of New York in respect of any dispute arising out of, based upon, or relating to, this Agreement. . THE PARTIES EXPRESSLY AGREE THAT THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT OR ANY VERSION THEREOF ADOPTED BY ANY STATE IN ANY FORM (“UCITA”) SHALL NOT APPLY TO THIS AGREEMENT, INCLUDING ANY APPLICABLE PRODUCT ADDENDA. TO THE EXTENT THAT UCITA IS APPLICABLE, THE PARTIES AGREE TO OPT OUT OF THE APPLICABILITY OF UCITA PURSUANT TO THE OPT-OUT PROVISION(S) CONTAINED THEREIN.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Pascalini Marco Irinel, PFA, Inc. as a result of these Terms or Service or use of Pascalini Marco Irinel, PFA.
If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.
Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and Pascalini Marco Irinel, PFA, Inc. with respect to the Pascalini Marco Irinel, PFA System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pascalini Marco Irinel, PFA, Inc. with respect to the Pascalini Marco Irinel, PFA System.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Pascalini Marco Irinel, PFA, Inc. is not obligated to monitor the content on Pascalini Marco Irinel, PFA. Pascalini Marco Irinel, PFA, Inc. reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, rule regulation, legal process, government request, in response to an allegation that Your material infringes the intellectual property rights of a third party or in any way violates any applicable law, rule regulation, or in accordance with Pascalini Marco Irinel, PFA, Inc.'s Privacy Statement. Pascalini Marco Irinel, PFA, Inc. reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Pascalini Marco Irinel, PFA Web sites, in Pascalini Marco Irinel, PFA, Inc's sole discretion, without notice at any time.
Any rights not expressly granted herein are reserved by Pascalini Marco Irinel, PFA, Inc., including all legal and equitable remedies available to Pascalini Marco Irinel, PFA, Inc. or violation of any of these Terms of Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Pascalini Marco Irinel, PFA System are: Copyright (c) 2012 Pascalini Marco Irinel, PFA, Inc., and/or its suppliers
TERMS RELATED TO RESELLER AND AFFILIATE SERVICES
Publishers participating in the Reseller and Affiliate programs are required to adhere to the following policies. If you fail to comply with these policies, we may disable ad serving to your site and/or disable your account. While in many cases we prefer to work with publishers to achieve policy compliance, we reserve the right to disable any account at any time. If your account is disabled, you will not be eligible for further participation in the program.
Please note that we may change our policies at any time, and pursuant to our Terms and Conditions, it is your responsibility to keep up to date with and adhere to the policies posted here.
Invalid Clicks and Impressions
Clicks on ads must result from genuine user interest. Any method that artificially generates clicks or impressions on your ads is strictly prohibited. These prohibited methods include but are not limited to repeated manual clicks or impressions, using robots, automated click and impression generating tools, third-party services that generate clicks or impressions such as paid-to-click, paid-to-surf, autosurf, and click-exchange programs, or any deceptive software. Please note that clicking on your own ads for any reason is prohibited. Failure to comply with this policy may lead to your account being disabled.
Encouraging clicks
In order to ensure a good experience for users and advertisers, publishers may not request that users click the ads on their sites or rely on deceptive implementation methods to obtain clicks. Publishers participating in the program:
- May not encourage users to click the ads by using phrases such as "click the ads," "support us," "visit these links," or other similar language
- May not direct user attention to the ads via arrows or other graphical gimmicks
- May not place misleading images alongside individual ads
- May not promote sites displaying ads through unsolicited mass emails or unwanted advertisements on third-party websites
- May not compensate users for viewing ads or performing searches, or promise compensation to a third party for such behavior
- May not place misleading labels above ad units - for instance, ads may be labeled "Sponsored Links" but not "Favorite Sites"
Sites showing Pascalini Marco Irinel, PFA ads may not contain pop-ups or pop-underthat interfere with site navigation, change user preferences, or initiate downloads. Any Pascalini Marco Irinel, PFA code must be pasted directly into webpages without modification. Pascalini Marco Irinel, PFA participants are not allowed to alter any portion of the code or change the behavior, targeting, or delivery of ads. For instance, clicks on Pascalini Marco Irinel, PFA ads may not result in a new browser window being launched. A site or third party cannot display our ads, search box, search results, or referral buttons as a result of the actions of any software application such as a toolbar. No Pascalini Marco Irinel, PFA code may be integrated into a software application. Webpages containing Pascalini Marco Irinel, PFA code may not be loaded by any software that can trigger pop-ups, redirect users to unwanted websites, modify browser settings, or otherwise interfere with site navigation. It is your responsibility to ensure that no ad network or affiliate uses such methods to direct traffic to pages that contain your Pascalini Marco Irinel, PFA code.
Referral offerings must be made without any obligation or requirement to end users. Publishers may not solicit email addresses from users in conjunction with Pascalini Marco Irinel, PFA referral units.
Publishers using online advertising to drive traffic to pages showing Pascalini Marco Irinel, PFA ads must comply with the spirit of Pascalini Marco Irinel, PFA's Landing Page Quality Guidelines. For instance, if you advertise for sites participating in the Pascalini Marco Irinel, PFA program, the advertising should not be deceptive to users.
TRADEMARKS
Pascalini Marco Irinel, PFA and any of the associated marks are either a trademark or registered trademark of Pascalini Marco Irinel, PFA, Inc..
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, Pascalini Marco Irinel, PFA has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, your may provide Pascalini Marco Irinel, PFA's Copyright Agent the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Upon receipt of the written notification containing the information specified above:
(a) Pascalini Marco Irinel, PFA may remove or disable access to the material that is alleged to be infringing;
(b) Pascalini Marco Irinel, PFA may forward the written notification to such alleged infringer; and
(c) Pascalini Marco Irinel, PFA may take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
Counter-Notification:
If the alleged infringer believes that a notice of copyright infringement has been wrongly filed against it and it would like to submit a counter-notification, it may file a Counter-Notification in Response to Claim of Copyright Infringement with Pascalini Marco Irinel, PFA's Copyright Agent.
To be effective, a Counter-Notification must be a written communication provided to Pascalini Marco Irinel, PFA's Copyright Agent for Notice that includes the following information:
A physical or electronic signature of the alleged infringer;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which Pascalini Marco Irinel, PFA may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter-Notification containing the information specified above:
(a) Pascalini Marco Irinel, PFA may promptly provide you with a copy of the Counter-Notification;
(b) Pascalini Marco Irinel, PFA may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
(c) Pascalini Marco Irinel, PFA may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided Pascalini Marco Irinel, PFA's Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Pascalini Marco Irinel, PFA's network or system.
You may want to seek the advice of independent legal counsel before filing a notification or counter-notification.
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