PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- Use of Our Service
ShotsFromVenice www.shotsfromvenice.com provides a service for Users to send postcards and or personalized greeting cards.
You may use the Service only if you can form a binding contract with ShotsFromVenice, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by ShotsFromVenice.
- ShotsFromVenice Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. ShotsFromVenice reserves all rights not expressly granted herein in the Service and the ShotsFromVenice Content (as defined below). ShotsFromVenice may terminate this license at any time for any reason or no reason.
- ShotsFromVenice Accounts
Your ShotsFromVenice account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a ShotsFromVenice account on behalf of a company, organization, or other entity, then (I) “you” includes you and that entity, and (II) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to ShotsFromVenice with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. Accounts are registered solely to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ShotsFromVenice immediately of any breach of security or unauthorized use of your account. ShotsFromVenice will not be liable for any losses caused by any unauthorized use of your account.
We may permanently or temporarily terminate or suspend your account or any access to the ShotsFromVenice Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If ShotsFromVenice has previously terminated your account for any reason, ShotsFromVenice further reserves the right, in its sole discretion, to prohibit you from reactivating such accounts or creating a new account on the Service.
- Service Rules
You agree not to engage in any of the following prohibited activities: (1) copying, distributing, or disclosing any part of the ShotsFromVenice Service in any medium, including without limitation by any automated or non-automated “scraping”; (2) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the ShotsFromVenice servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (3) transmitting spam, chain letters, or other unsolicited email; (4) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (5) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (6) uploading invalid data, viruses, worms, or other software agents through the Service; (7) collecting or harvesting any personally identifiable information, including account names, from the Service; (8) using the ShotsFromVenice Service for any commercial solicitation purposes; (9) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (10) interfering with the proper working of the ShotsFromVenice Service; (11) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (12) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
You are solely responsible for your interactions with other ShotsFromVenice Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. ShotsFromVenice shall have no liability for your interactions with other Users, or for any User’s action or inaction.
- User Content
Some areas of the Service allow Users to post content such as images, drawings, text, , profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. ShotsFromVenice has the right (but not the obligation) in its sole discretion to remove any User Content that is shared by the Service.
You agree not to post User Content that: (I) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (II) may create a risk of any other loss or damage to any person or property; (III) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (IV) may constitute or contribute to a crime or tort; (V) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, sexually explicit, or otherwise objectionable; (VI) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (VII) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (VIII) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. ShotsFromVenice reserves the right, but is not obligated, to reject and/or remove any User Content that ShotsFromVenice believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Content and ShotsFromVenice’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
- S ShotsFromVenice may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- Your User Content does not contain any sexual, obscene, or otherwise objectionable material, and your use of the Service is not intended to harass, threaten, or otherwise cause the discomfort of another individual.
- Your User Content and any use thereof in connection with the Service will not violate any laws of the territory in which you reside.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
ShotsFromVenice takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that ShotsFromVenice shall not be liable for any damages you allege to incur as a result of User Content.
- User Content License Grant
By posting any User Content on the ShotsFromVenice Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to ShotsFromVenice a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and ShotsFromVenice’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
- Mobile Application Software
- Mobile Application Software. We may make available software to access the Service via a mobile device (“APP”). To use the APP you must have a mobile device that is compatible with the Mobile Service. ShotsFromVenice does not warrant that the APP will be compatible with your mobile device. ShotsFromVenice hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the APP for one ShotsFromVenice account on one mobile device owned or leased solely by you, for your personal use. You may not: (I) modify, disassemble, decompile or reverse engineer the APP, except to the extent that such restriction is expressly prohibited by law; (II) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the APP to any third party or use the APP to provide time sharing or similar services for any third party; (III) make any copies of the APP; (IV) remove, circumvent, disable, damage or otherwise interfere with security-related features of the ShotsFromVenice APP, features that prevent or restrict use or copying of any content accessible through the APP, or features that enforce limitations on use of the APP; or (V) delete the copyright and other proprietary rights notices on the ShotsFromVenice APP. You acknowledge that ShotsFromVenice may from time to time issue upgraded versions of the APP, and may automatically electronically upgrade the version of the APP that you are using on your mobile device.
You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You acknowledge that any failure to upgrade the APP may result in the inability to use all or part of the ShotsFromVenice APP.
- You agree to pay, and you acknowledge that you are solely liable for, any and all fees that result from your use of the APP, including without limitation, mobile carrier charges and/or Internet connection fees. You further acknowledge that this Agreement does not apply to any third party software, sites, or services that you use in connection with the APP, and that you are solely liable for your use of or access to any such third party services, whether or not such services are required to enable any features of the APP. Any third-party code that may be incorporated in the APP is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the APP or any copy thereof, and ShotsFromVenice or its third party partners or suppliers retain all right, title, and interest in the APP (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. ShotsFromVenice reserves all rights not expressly granted under this Agreement. The APP originates in Italy, and is subject to Italian export laws and regulations. The ShotsFromVenice APP may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from Italy. In addition, the APP may be subject to the import and export laws of other countries. You agree to comply with all Italian and foreign laws related to use of the APP and the ShotsFromVenice Service.
- ShotsFromVenice APP from iTunes. The following applies to any APP you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and ShotsFromVenice, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to ShotsFromVenice as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (I) product liability claims; (II) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (III) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to ShotsFromVenice as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s Intellectual Property Rights, ShotsFromVenice, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and ShotsFromVenice acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
- Our Proprietary Rights
Except for your User Content, the ShotsFromVenice Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “ShotsFromVenice Content”), and all Intellectual Property Rights related thereto, are the exclusive property of ShotsFromVenice and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any ShotsFromVenice Content. Use of the ShotsFromVenice Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
- Purchases Credits
- About. ShotsFromVenice offers Users the ability to purchase Credits, printed photos, and other image-based products through the Service. We reserve the right, with or without prior notice, to discontinue or limit the available quantity, to honor, or impose conditions on the honoring of, any credit, credit code, promotional code or other similar promotions; or to refuse to allow any User to purchase ShotsFromVenice Services. ShotsFromVenice www.shotsfromvenice.com provides a service to the users to send postcards and personalized greeting cards. To use the software you can buy credits ShotsFromVenice at authorized dealers or through PayPal, Visa, MasterCard, American Express, Discover, and Carta Aura. The credits bought expire after 6 month if bought online or from their activation by putting the secret code on the mobile App. Prices are quoted and invoiced in Euro and include shipping. ShotsFromVenice reserves the right to change prices at any time and without notice.
- Age. You must be 18 years of age or older to purchase any Credit Service from ShotsFromVenice.
- Payment Information; Taxes. You represent and warrant that all information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service is accurate, complete, and current. You further represent and warrant that you have all legal rights necessary to use the payment method provided by you, and you agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You agree to pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. All payments through the Service are processed using a third-party processor. You acknowledge that ShotsFromVenice is not liable for any breaches of credit card or debit card security or privacy. If there is a dispute regarding payment of fees to, or Service rendered by, ShotsFromVenice, your account may be closed without warning or notice at the sole discretion of ShotsFromVenice.
- Shipping. ShotsFromVenice will ship all Postcards purchased through the Service to the address specified in the shipping address section of the order form. Shipments will be made in accordance with the method specified at the time of purchase. The time period from order to delivery will vary depending on location.
- Risk of Loss. All Postcards purchased from or via the Service are transported and delivered by an independent carrier not affiliated with, or controlled by, ShotsFromVenice. Title to Credits purchased on the Service to send Postcards, as well as the risk of loss for such Postcards, passes to you when ShotsFromVenice or our supplier delivers these items to the carrier.
- Returns and Refunds.
ShotsFromVenice Service. Damaged or defective postcard will be reprinted and reshipped by ShotsFromVenice at no charge to you. We may, prior to issuing any reprint or reshipment, request samples of the defective postcard for inspection. Should you be dissatisfied with the quality of an postcard that you receive, we may provide you with a credit so that you may reorder of the same value. In order to receive a store credit or replacement for a damaged or defective Postcard, you must submit a request to email@example.com
TO THE EXTENT THAT WE ISSUE ANY TYPE OF REFUND, THAT REFUND WILL BE FOR CREDITS TO YOUR ACCOUNT ONLY. WE DO NOT ISSUE ANY CASH REFUNDS OR REFUNDS TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD OF ANY KIND, UNLESS OTHERWISE REQUIRED BY THE LAWS OF THE COUNTRY IN WHICH YOU LIVE.
- Disclaimers. You understand not use ShotsFromVenice for any illegal purpose or in violation of any laws, and you assume all liability for any action you take that is contrary to any law, rule, or regulation of any territory. We use reasonable efforts to accurately display the attributes of ShotsFromVenice that you order through the software, including the colors of those image; however, the actual color you see is dependent upon your mobile device or computer monitor, and we cannot guarantee that your mobile device or computer will accurately display such colors.
- Sample Products.
By using the Software, you authorize ShotsFromVenice to send sample products, coupons, or other advertising or promotional materials to any address you provide in connection with your use of the Service If you do not wish to receive any such sample products or promotional materials, please contact us at firstname.lastname@example.org.
- Security ShotsFromVenice cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- Third-Party Links
You agree to defend, indemnify and hold harmless ShotsFromVenice and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (I) your use of and access to the Service, including any data or content transmitted or received by you; (II) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (III) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (IV) your violation of any applicable law, rule or regulation; (V) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (VI) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
- No Warranty
THE SERVICE, SOFTWARE ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHOTSFROMVENICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SHOTSFROMVENICE, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SHOTSFROMVENICE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SHOTSFROMEVENICE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SHOTSFROMVENICE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOTSFROMVENICE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE, OR THE SOFTWARE. UNDER NO CIRCUMSTANCES WILL SHOTSFROMVENICE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
ShotsFromVenice expressly disclaims any and all liability in connection with your purchase the credits. You expressly acknowledge that you are solely liable for your use of the Service, including without limitation sending Postcards to third parties, and any User Content you provide in connection with the software.
The Service is controlled and operated from facilities in Italy. ShotsFromVenice makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Italy and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Italy.
- Governing Law and Arbitration.
- Negotiations. Subject to the exceptions set forth in Section 16(D) below, before initiating any arbitration or court proceeding, you and ShotsFromVenice agree to first attempt to negotiate any dispute, controversy or claim arising out of or related to this Agreement informally for at least thirty (30) days. Negotiations will begin upon written notice. ShotsFromVenice will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to ShotsFromVenice Via Don A. Tecchio 8, 35020 Due Carrare PD,Italy. ATTN: CEO.
- Governing Law. You agree that: (I) the Service shall be deemed solely based in Italy; and (II) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over ShotsFromVenice, either specific or general, in jurisdictions other than Italy. This Agreement shall be governed by the internal substantive laws of Italy, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of Italy for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, or any other exception set forth in Section 16(D) below.
- Exceptions to Negotiation and Arbitration. Notwithstanding anything to the contrary contained in the Agreement, nothing in Sections 16(A) or 16(B) shall prevent either party from (I) seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights; (II) pursuing any claims seeking to enforce or protect, or concerning the validity of either party’s Intellectual Property Rights; (III) pursuing any claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; or (IV) any other claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
- Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShotsFromVenice without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ShotsFromVenice as a result of this Agreement or your use of the Service.
- Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- Equitable Remedies. You hereby agree that ShotsFromVenice would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with ShotsFromVenice in connection with the Service, shall constitute the entire agreement between you and ShotsFromVenice concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ShotsFromVenice’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Export Administration. You will comply fully with all relevant export laws and regulations in force in Italy, including, without limitation, the Italian export administration regulations. Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the export controls.
- Contact. Please contact us at email@example.com for any questions regarding this Agreement.
This Agreement was last modified on 25/08/2016