Arabian Essence Terms, Conditions and Notices
Welcome to the Arabian Essence websites and mobile properties located at www.arabianessence.com and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the Arabian Essence websites and mobile properties shall hereinafter be referred to herein as “websites”). The Services are offered to you conditioned upon your acceptance of the terms, conditions, and notices set forth below (collectively, this “Agreement”). By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, you are not authorized to use the Services. If you have an Arabian Essence account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services (in case you do not know how to do it yourself, please send an email to email@example.com and we will take care of unsubscribing you).
Any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. The terms “we”, “us”, “our” and “Arabian Essence” refer to Arabian Essence di Elvis Giughera, an individual company located in Italy (“Arabian Essence”). “Services” as defined above refers to those provided by Arabian Essence. For the avoidance of doubt, the websites are all owned and controlled by Arabian Essence.
The term “you” refers to the individual, company, business organization, or other legal entity using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours”, and/or “Content you submit.”
The Services are provided solely to:
- Assist people in gathering Arabian horse information, posting Content, searching for Arabian horses, or services related to the Arabian horse business.
- Assist people in engaging with customers and potential customers, by way of free and/or paid-for services offered by or through Arabian Essence.
- Assist people to become more involved in the Arabian horse business, to create communication, internet marketing, this is a website and portal development service which is dedicated exclusively to the Arabian horse and is aimed towards improving and optimizing interactivity and connections with clients.
Arabian Essence provides our Webtv service to give its viewers and followers a pleasant entertainment experience, which we hope our viewers will enjoy often. The show results we insert are posted live so we apologize for any kind of error that may occur. Also, the horse, exhibitor, owner, and breeder information included in our coverage are downloaded from the show program, and again we apologize for any mistakes or changes due to the change in status of the horse, owner, or exhibitor, etc. We ask for the collaboration of our viewers to communicate to us any error or comment in order that we can provide the best service as possible.
Arabian Essence e-mail blasts (advertising) and newsletters (information) are services provided electronically and free of charge by Service Provider to viewers. These services consist of the Service Provider sending information in the form of an e-mail to the User’s e-mail address, which was submitted by the User, who by sending their information to the Service Provider, or requesting the services performed by the Service provider, agreed to personal data processing. If you are included in our mailing list and wish to terminate this Agreement, you can do so at any time by sending an e-mail to firstname.lastname@example.org or use the unsubscribe link at the bottom of each e-mail blast you receive.
We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement.
USE OF SERVICES
As a condition of your use of the Services, you warrant that (i) all information supplied to the Services to Arabian Essence is true, accurate, current, and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 18 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites, in accordance with all terms and conditions herein. Arabian Essence does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with Arabian Essence. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of Arabian Essence. To request permission, please direct your request to:
Via Umberto I 6
10060 CERCENASCO (TO)
In order to access certain features of the Services, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
If you are creating an Arabian Essence account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative.”
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third-party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Arabian Essence provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Arabian Essence is in no way responsible or liable for any such third-party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that Arabian Essence may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
Arabian Essence may, from time to time, decide to change, update, or discontinue certain products and features of the Services. You agree and understand that Arabian Essence has no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.
The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other materials), as well as the infrastructure used to provide such Content and information, is proprietary to Arabian Essence or licensed to Arabian Essence by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:
- (i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by Arabian Essence;
- (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep link to any portion of the Services for any purpose without our express written permission;
- (vi) "frame", "mirror" or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Arabian Essence in connection with the Services;
- (viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
- (ix) download any Content unless it’s expressly made available for download by Arabian Essence.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENSE GRANT
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by Arabian Essence or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release Arabian Essence and their licensees, successors and assigns, from any claims that you could otherwise assert against Arabian Essence by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, bulletin boards, review services, or other forums in which you may post your Content, such as reviews or notes on horse pages or pedigree, messages, materials or other items ("Interactive Areas"). If Arabian Essence provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Arabian Essence does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that any entity that is one of Arabian Essence provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services.
You understand that Arabian Essence does not edit or control the user messages posted to or distributed through the Services (Websites and/or social media), including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, Arabian Essence does not edit or control users’ Content that appears on the websites and on social media. Arabian Essence nevertheless reserves the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of Arabian Essence and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact Arabian Essence by mail: email@example.com to make your objections.
By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Arabian Essence’s published guidelines, as are in force at the time of submission and made available to you by Arabian Essence. You expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Services any Content of yours that:
- Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote, or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ or the London Stock Exchange;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Arabian Essence;
- Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Include or are intended to facilitate viruses, corrupted data, or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- In the sole judgment of Arabian Essence, (a) violates the previous subsections herein, (b) violates Arabian Essence’s related guidelines as made available to you by Arabian Essence, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose any of Arabian Essence or their users to any harm or liability of any type.
Arabian Essence takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor is Arabian Essence liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, Arabian Essence is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although Arabian Essence has no obligation to screen, edit, or monitor any of the Content posted to or distributed through any Interactive Area, Arabian Essence reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS ARABIAN ESSENCE’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING JUDGES’ POINTS, SCORING COUNT ERRORS, WRONG OWNERSHIP TITLES, OR HORSES LISTED AS OWNED BY A WRONG FARM. ARABIAN ESSENCE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ALL CONTENTS, OR ANY OTHER PRODUCTS DISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, PRICING, PHOTOGRAPHS, LIST OF ENTITIES UNDER THE DIRECTORIES SECTION, GENERAL PRODUCT DESCRIPTIONS, EVENT INFORMATION, AND RANKINGS, ETC.). IN ADDITION, ARABIAN ESSENCE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERROR THAT WILL BE REPORTED AFTER VERIFYING THE SOURCE.
ARABIAN ESSENCE MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY ARABIAN ESSENCE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ARABIAN ESSENCE DISCLAIMS ALL WARRANTIES, CONDITIONS, OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM ARABIAN ESSENCE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ARABIAN ESSENCE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION, AND NONINFRINGEMENT.
ARABIAN ESSENCE ALSO EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.
SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL ARABIAN ESSENCE (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES/COLLABORATORS) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY ARABIAN ESSENCE’S SYNCRONIZATION PRODUCT); PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ARABIAN ESSENCE OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARABIAN ESSENCE WILL NEVER BE LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOU ARE USING ARABIAN ESSENCE’S SERVICES AT YOUR RISK AND AT YOUR RESPONSIBILITY
THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF ARABIAN ESSENCE.
THESE TERMS AND CONDITIONS AND FOREGOING LIABLITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.
You agree to defend and indemnify Arabian Essence and any of their officers, directors, employees, collaborators, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of the Services, including Arabian Essence’s websites.
LINKS TO THIRD-PARTY SITES
The Services may contain hyperlinks to websites operated by parties other than Arabian Essence. Such hyperlinks are provided for your reference only. Arabian Essence does not control such websites and is not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Arabian Essence’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third-party websites or apps or any association with their operators.
SOFTWARE AS PART OF SERVICES; ADDITIONAL MOBILE LICENSES
Software from the Services, which at times may be referred to as “apps”. Any software that is made available to download from the Services ("Software") is the copyrighted work of Arabian Essence or other party as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, 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 of such license agreement.
For any Software made available for download by way of the Services and which is not accompanied by a license agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using the Services in accordance with this Agreement’s terms and conditions (including those policies referenced herein) and for no other purpose.
Please note that the Software, including, without limitation, all HTML, XML, Java code, and Active X controls contained in the Services, is owned or licensed by Arabian Essence, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Portions of Arabian Essence mobile software may use copyrighted material, the use of which Arabian Essence acknowledges.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT OR THIS AGREEMENT (AS APPLICABLE).
COPYRIGHT AND TRADEMARK NOTICES
Arabian Essence, the logo, and all other product or service names or slogans displayed on the Services may not be copied, imitated, or used, in whole or in part, without the prior written permission of Arabian Essence or the applicable trademark holder. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons, and scripts related to same, is the service mark, trademark, and/or trade dress of Arabian Essence and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Arabian Essence. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Arabian Essence.
All rights reserved. Arabian Essence is not responsible for content on websites operated by parties other than Arabian Essence.
Notice and Take-Down Policy for Illegal Content
Arabian Essence operates on a "notice and takedown" basis. If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately by mail: firstname.lastname@example.org . Once this mail has been received, Arabian Essence will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.
MODIFICATIONS TO THE SERVICES; TERMINATION
Arabian Essence may change, add, or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory, and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.
Arabian Essence may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases, or Content. Arabian Essence may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorized access, loss of, or destruction of data, or where Arabian Essence and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where Arabian Essence and/or its corporate affiliates decide to discontinue providing any aspect of the Services.
YOUR CONTINUED USE OF THE SERVICES, NOW OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
Arabian Essence may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of Arabian Essence and/or other users of the Services. That means that we may stop providing you with Services.
JURISDICTION AND GOVERNING LAW
This website is owned and controlled by Arabian Essence di Elvis Giughera, an Italian Individual Company. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Italian court. You hereby consent to the exclusive jurisdiction and venue of courts in Torino, ITALY and stipulate to the fairness and convenience of proceedings in such court for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services by you or any third party. You agree that all claims you may have against Arabian Essence arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in Torino, ITALY. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. Nothing in this clause shall limit the right of Arabian Essence to take proceedings against you in any other court, or courts, of competent jurisdiction.
We reserve the right to reclaim any username, account name, nickname, handle, or any other user identifier for any reason without liability to you.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) weeks from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement 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 remaining provisions in this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Arabian Essence with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Arabian Essence with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The following sections shall survive any termination of this Agreement:
- Additional Products
- Prohibited Activities
- Reviews, Comments, and Use of Other Interactive Areas; License Grant
- Liability Disclaimer
- Software as Part of Services; Additional Mobile Licenses
- Copyright and Trademark Notices
- Notice and Take-Down Policy for Illegal Content
- Modifications to the Services; Termination
- Jurisdictions and Governing Law
- General Provisions
- Service Help
The terms and conditions of this Agreement are available in the language of the Arabian Essence websites (English) and/or apps on which Services may be accessed.
The websites and/or apps on which Services may be accessed may not always be updated on a periodic or regular basis and consequently are not required to register as editorial product under any relevant law.
Any rights not expressly granted herein are reserved.
For answers to your questions or ways to contact us, you can write to:
Via Umberto I 6
10060 CERCENASCO (TO)
Please note that Arabian Essence does not accept legal notices or service of legal process by any means other than hard copy post delivered to the address immediately above.
©2020 Arabian Essence - All rights reserved.
Last updated January 1, 2020.