TERMS OF SERVICE
Effective Date: June 20, 2020
These Terms of Service (“Terms”) are an agreement between you and Rampart Srl and set forth the legally binding terms for your use of our websites and applications that include a link to these Terms (or any subdomains thereof) (the “Sites”), as well as in connection with any of our sales or marketing activities or other services available on our Sites or offline that are owned by Rampart Srl (“Services”).
These Terms apply to your use of the Sites and Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Sites or Services.
We recommend that you read these Terms in full to ensure you are fully informed. However, to make it easier for you to review those parts of these Terms which apply to you, we have divided up the document into the following sections:
- Who We Are
- Acceptance of Terms
- Account and Contact Information
- Orders, Payment and Cancelation Rights
- Your Use of the Sites and Services
- Proprietary Rights
- Disclaimer of Warranties
- Limitation of Liability
- Your Legal Liability
- California Resident Rights
- Geographic Restrictions
- Changes to Terms of Service
- Third Party Links
- Dispute Resolution
- No Rights of Third Parties
- Contact Us
- WHO WE ARE
Rampart Srl is an Italy based publisher of current and breaking news in hypercritic.org, Hypercritic magazine and other multimedia platforms and the owner of other multimedia productions.
- ACCEPTANCE OF TERMS
Agreement to the Terms. Each time that you access or use our Sites or Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms you must discontinue using the Sites and Services.
Eligibility. You must be at least 18 years old or have reached the age of majority in the jurisdiction in which you reside to use the Sites and Services or and you attest that you have reached the age of majority and have the legal capacity to be legally bound by these Terms.
Electronic Form/Communications. By accessing or using the Sites or Services you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing, including renewal notices and notices about your subscription or account.
- ACCOUNT AND CONTACT INFORMATION
Access to the Sites and Services. You do not need to make a purchase in order to access and browse some sections of the Sites or Services, but you may not be able to access all of the features of the Sites or Services unless you make a purchase and create an account. If you are browsing the Sites or Services and have not yet created an account or made a purchase your use of the Site or Services will still be subject to these Terms.
Account. You can purchase a subscription and create an account by submitting the information required (“Hypercritic Account”). You must provide accurate, current and complete information during the registration process and keep your Hypercritic Account up-to-date at all times. Any falsification of any information whatsoever may, at Hypercritic’s option, result in immediate suspension or termination of your right to use the Services.
Security. If you use our Services you are responsible for restricting access to your Hypercritic Account and ensuring that your computer and mobile device are free from all types of malicious content, including content that may track any data you enter via the Services. Your login ID email address (or other unique identifier needed to create an account) and password, together with any mobile number or other contact information you provide, form your “Account Information.” You understand and agree that you are responsible for maintaining the confidentiality and security of your password and other Account Information, and that you are solely responsible for all activities that occur on or through your Hypercritic Account. You further agree to notify Hypercritic immediately of any unauthorized access to your Hypercritic Account or unauthorized use of your Account Information or any other security breach by emailing us at firstname.lastname@example.org.
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations (“Applicable Laws”).
- ORDERS, PAYMENT AND CANCELATION RIGHTS
Purchasing our Products or Services. Please refer to the applicable offer for a description of our products and services such as our current subscription plans and pricing. Any terms and conditions of any offer disclosed to you when ordering is deemed part of these Terms. Hypercritic reserves the right to change the fees for its products and Services and will provide notice of any increase prior to your being charged.
Electronic Receipts and Notices. By using our Sites or Services or making a purchase you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (“Electronic Mailings”). We will provide these Electronic Mailing by posting them on your account page and/or emailing them to the email address associated with your account. You agree that the Electronic Mailings satisfy legal communication requirements, including but not limited to requirements that any such communications be in writing. Electronic Mailings will be deemed received by you within 24 hours of issuance.
Print Publications. Hypercritic reserves the right to modify the content, type and availability of any print publications at any time. Frequency of magazine issues is subject to change without notice. Some issues count as double issues, in Hypercritic’s discretion. If the post office alerts us that your print magazine is undeliverable, we have no further obligation unless we receive a corrected address within 2 years.
Orders. All orders are for personal use only and orders for resale are prohibited without prior written approval. Products displayed on the Sites are available only while supplies last. We try to display the image of the products available on our Sites, including colors, as accurately as possible but they may vary and the actual colors you see depend upon your device display. If we have cancelled your order after charging your account, we will issue a credit for the amount charged.
No Binding Offer. Nothing on the Sites or Services constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of products and/or services ordered for you or your household. There may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the Sites or Services is current or the completeness or accuracy of any information on the Sites or Services.
Billing Information. When you provide payment information (“Billing Information”) to Hypercritic or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you (“Payment Method”), and you authorize Hypercritic to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If Hypercritic does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys’ and collection agency fees. Hypercritic reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Hypercritic cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify Hypercritic if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
Cancelation and Refunds. You can cancel your subscription by writing to email@example.com. For print subscriptions where refunds are offered you will receive a refund for unserved issues, or issues that have not already been processed for fulfillment.
Free or Introductory Promotional Offer. If you enrolled for any of our Services under a special introductory offer (for example, a discounted or free initial trial or free merchandise), you are subject to the terms of the offer you accepted and, unless you cancel within the time frame presented in the offer, the applicable regular fee for the Services you selected will be posted to your Payment Method after the introductory offer or trial period is completed. We reserve the right to limit any introductory or trial offer to one per person/household.
- YOUR USE OF THE SITES AND SERVICES
Monitoring. Hypercritic reserves the right to monitor all network traffic to the Sites or Services and anyone using the Sites or Services expressly acknowledges that such monitoring may occur. Hypercritic may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites or Services in any fashion. You acknowledge that Hypercritic has no general obligation to monitor User Content (as hereinafter defined) nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or to edit any User Content in order to: (i) operate, secure and improve the security of the Sites or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to User Content or user conduct that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
Posting of User Content. The Services may contain communication services (“Public Forums”) designed to enable you to post and communicate content, such as reviews, photos, videos (including Embedded Videos), or other information or content (collectively, “User Content”) with other members or visitors to our Sites. You agree that all such User Content you submit, post, upload, embed, display or communicate through the Services will comply with these Terms and with the Rules of Conduct set forth herein. You acknowledge and agree that when you post User Content it is available to the public and that you have no expectation of privacy concerning your User Content. As a result, please exercise caution when posting any personal information in User Content as it may be seen and used by others and do not post anything that is confidential. Hypercritic has no obligation to monitor User Content but reserves the right to review and remove any User Content at any time, without notice, for any reason and in its sole discretion. Hypercritic specifically disclaims any liability with regard to User Content and any actions resulting from your participation in any such Public Forums. Hypercritic may delete or destroy any such User Content at any time. HYPERCRITIC IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION YOU POST ON OR THROUGH THE SERVICES.
Embedded Videos. Certain pages of the Sites may provide the functionality for you to “embed” videos appearing on the page on other websites or blog pages (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows: (i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers; (ii) you will not facilitate access to the Embedded Video through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”); (iii) the Embedded Video may be used for commercial purposes, including on an advertising-supported page, provided that: (a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content; (b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and (c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Sites without limitation of any provision of these Terms, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.
Objectionable Content. If you encounter something you find objectionable and in violation of these Terms, you can report it to firstname.lastname@example.org.
License to User Content. All User Content must comply with these Terms. By submitting, transmitting, or displaying your User Content on or through the Services, you automatically grant (and you represent and warrant that you have the right to grant) to Hypercritic, its licensees, and their respective successors and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Services, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Services via any or all media, platforms and formats whether now or later known or developed (“License”).
Representation of Ownership. You retain copyright and other intellectual property rights with respect to any User Content to the extent that you have such rights under Applicable Laws. By posting or submitting User Content through the Services you represent and warrant that (i) you own such User Content or otherwise have the right to grant us the License set forth in these Terms; (ii) the User Content is accurate and not confidential and the distribution, submission, transmission, posting and use of your User Content on the Services is not in violation of any Applicable Law or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights); and (iii) you are solely responsible for, and Hypercritic will have no liability in connection with, your User Content or any other User Content you access through the Services. Your ownership in your User Content does not confer any rights to the Sites or Services, nor any rights to other User Content or Hypercritic Content stored by or on behalf of Hypercritic.
Feedback/Idea Submissions. Hypercritic does not accept unauthorized idea submissions. Any ideas disclosed to Hypercritic are not confidential and Hypercritic may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Hypercritic with any Feedback, you hereby grant Hypercritic a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Hypercritic is not required to make any use of any Feedback that you provide. You agree that if Hypercritic makes use of your Feedback, Hypercritic is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Hypercritic to grant Hypercritic and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
Termination. Hypercritic may terminate your access to its Sites or Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by Hypercritic, at any time without notice, if, in Hypercritic’s sole opinion, you have violated any provision of these Terms. Termination will not limit any of Hypercritic’s rights or remedies at law or in equity.
Linking to the Sites. Unless otherwise specifically indicated in these Terms or on the Sites, you agree that: (i) if you include a link from any other website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Sites; (ii) you are not permitted to link directly to any image hosted on the Sites or Services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website; and (iii) you agree not to download or use images hosted on this Sites on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to the Sites in any manner such that the Sites, or any page of the Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Sites be discontinued, and to revoke your right to link to the Sites from any other website at any time upon written notice to you.
Data Collection Policy. No party unaffiliated with Hypercritic may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Sites or Services without Hypercritic’s prior express written permission.
Modification to Services. Hypercritic has the right to modify its Services (and products and services accessible through its Services), and its Sites at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Hypercritic has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Sites or Services. Your only right with respect to any dissatisfaction with any modifications made to its Sites or Services, or any policies or practices of Hypercritic in providing its Services is to cancel your account and/or stop using the Sites or Services.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Hypercritic and Hypercritic is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
- PROPRIETARY RIGHTS
Ownership of Content and Marks. The Sites and Services, and all content published on or accessible through the Sites and Services (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Web Site, and the compilation of the content, code, data and materials on the Sites (“Content”), is owned by Rampart Srl, its subsidiaries, affiliates or its licensors, and is protected by laws governing copyrights, moral rights, sui generis rights, patents, trademarks, trade secrets and/or other proprietary rights. Rampart Srl owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content and Sites (“Marks”), particularly the Hypercritic Website, are proprietary to Rampart Srl, its subsidiaries, affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, infographics, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing Hypercritic, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Hypercritic. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Sites, Services, Marks or Content, in whole or in part, without the prior written consent or Hypercritic.
Our Limited License to You.You acknowledge and agree that the Sites, Services and Content are provided under license, and not sold, to you and your use. You do not acquire any ownership interest in the Sites, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Hypercritic grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Sites or Services in any way that affects any user’s experience. Hypercritic, its affiliates, subsidiaries, and licensors reserve all rights not expressly granted in and to its respective Sites, Services, Marks and Content. You may not use the Sites, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites or Services. You may, however, from time to time, download copies of individual pages from the Services for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices intact.
7. DISCLAIMER OF WARRANTIES
IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITES OR SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS ,INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, HYPERCRITIC CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES OR SERVICES. HYPERCRITIC MAY RESTRICT THE AVAILABILITY OF THE SITES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES OR SERVICES.
IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
8. LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sites, Services, Content and User Content, and your posting of any User Content remains with you. Neither Hypercritic nor any other party involved in creating, producing, or delivering the Sites or Services, Content or User Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Hypercritic has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will Hypercritic aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services, exceed the amounts you have paid to Hypercritic in the twelve month period prior to the event giving rise to the liability, or $50USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Hypercritic and you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. YOUR LEGAL LIABILITY
You agree to defend, indemnify and hold harmless Hypercritic and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, and licensors from and against all damages, losses, liabilities, claims, and costs (including, but not limited to, reasonable attorneys’ fees and costs including costs to respond to regulatory inquiries, actions or subpoenas) related to all third party claims, charges, and investigations, arising from, relating to, or caused by User Content you post or submit or your failure to comply with these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
10. CALIFORNIA RESIDENTS RIGHTS
If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
11. GEOGRAPHIC RESTRICTIONS
Hypercritic will provide the Sites and Services with reasonable care and skill but makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the EU. If you access the Sites or Services from outside the EU, you are responsible for compliance with local laws in relation to your use of the Sites or Services.
12. CHANGES TO TERMS OF SERVICE
Hypercritic will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Service update on the Sites for a period of time in our discretion but we encourage you to review these Terms and make note of the “effective date” frequently. Your continued use of the Sites and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and Services.
13. THIRD PARTY LINKS
You may be able to access other websites, mobile applications or resources through links accessed on the Sites or Services. Because Hypercritic has no control over such websites or mobile applications you acknowledge and agree Hypercritic is not responsible for the availability of such external websites, mobile applications or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does Hypercritic endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.
14. DISPUTE RESOLUTION
In the event of any dispute you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to us at email@example.com and firstname.lastname@example.org, or at Rampart Srl, Corso Luigi Einaudi 53 – 10129 Turin – Italy. For a period of 60 days from the date of receipt of notice from the other party, Hypercritic and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or Hypercritic to resolve the dispute on terms either you or Hypercritic, in each of our sole discretion, are unsatisfactory. Nothing in this section will prevent a party from pursuing their claims in court or another complaint process.
These Terms will be governed by and interpreted in accordance with the Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. This choice of law does not impact your rights as a consumer according to the consumer protection laws of your country of residence. If you are a consumer, you may be able to bring judicial proceedings against us arising from or in connection with these Terms in a court within a jurisdiction according to the laws of your country of residence or the Italian courts. if you are acting as a business, you agree to submit to the exclusive jurisdiction of the Italian courts.
If you have any comments, queries or complaints about these Terms or our Services, please contact us at email@example.com.
15. NO RIGHTS OF THIRD PARTIES
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
These Terms, and policies incorporated herein, are the entire agreement between you and Hypercritic. They supersede any and all prior or contemporaneous agreements between you and Hypercritic relating to your use of the Sites or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Your Legal Liability, Arbitration/Dispute Resolution, No Rights of Third Parties, and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. You may not assign your rights under your Hypercritic Account or this agreement to any third party without Hypercritic prior written permission. Hypercritic may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Hypercritic to partially or fully exercise any rights or the waiver of Hypercritic to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Hypercritic or be deemed a waiver by Hypercritic of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Hypercritic under these Terms and any other applicable agreement between you and Hypercritic shall be cumulative, and the exercise of any such right or remedy shall not limit Hypercritic’s right to exercise any other right or remedy. In the event of any conflict or inconsistency between any of these Terms any other terms or conditions applicable to the Services, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
17. CONTACT US.
If you have any questions about these Terms, please email us at firstname.lastname@example.org.
Last updated on June 20, 2020
We would like to inform you that the “European Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data” (hereinafter “GDPR”) provides for the protection of individuals with regard to the processing of personal data as a fundamental right. In accordance with Article 13 of the GDPR, therefore, we would like to inform you of the following:
CATEGORIES OF DATA: Rampart Srl will process your personal data as follows:
- Automatically collected data. The computer systems and applications dedicated to the operation of this website collect, during their normal operation, some data (the transmission of which is implicit in the use of Internet communication protocols) potentially associated with identifiable users. The data collected includes IP addresses and domain names of computers used by users connecting to the site, URI (Uniform Resource Identifier) of requested resources, the time of the request, the method used to submit the request to the server, the size of the file obtained in reply, the numerical code indicating the status of the response from the server (successful, error, etc..) and other parameters regarding the operating system, browser and computer environment used by the user. This data is processed, in the time strictly necessary, for the sole purpose of obtaining statistical information on the use of the site and to monitor its proper operation. The provision of such data is mandatory as it is directly linked to the experience of web browsing.
- Data provided voluntarily by the user. The voluntary and explicit sending of electronic mail to the addresses indicated in the different access channels of this site does not require consent and the possible compilation of specifically prepared forms involves the subsequent acquisition of the address and data of the sender / user, necessary to respond to the requests produced and / or provide the requested service. The voluntary sending of e-mails by you to our e-mail addresses does not require any further information or consent requests. On the contrary, specific summary information will be reported or displayed in the pages of the site prepared for particular services on request (form). The user must therefore explicitly consent to the use of the data contained in these forms in order to send the request.
- SOURCE OF PERSONAL DATA: The personal data in the possession of Hypercritic are collected directly from the interested party.
- DATA CONTROLLER: The data controller is Hypercritic with registered office at Corso Luigi Einaudi 53 – 10129 Turin – Italy which can be contacted at email@example.com and firstname.lastname@example.org.
- DATA PROTECTION OFFICER: can be contacted at the operating headquarters in Corso Luigi Einaudi 53 – 10129 Turin – Italy at email@example.com and firstname.lastname@example.org.
- THE LEGAL BASIS AND PURPOSES OF DATA PROCESSING: The legal basis for the processing of your data is your consent and is carried out for the following purposes: To improve the experience of web browsing.
- DATA RECIPIENTS: Within the limits relevant to the purposes of processing indicated, your data may be communicated to partners, consulting companies, private companies, appointed by the Data Controller or for legal obligations or to fulfil your specific requests. Your data will not be disclosed in any other way. The persons responsible for and in charge of the processing are specifically identified in the Privacy Document, which is updated periodically.
- TRANSFER OF DATA ABROAD: Data collected on the Company’s servers may be subject to transfer to non-EU countries.
- RETENTION PERIOD: The data collected will be stored for a period of time no longer than is necessary to achieve the purposes for which it was processed (“conservation limitation principle”, art. 5, GDPR) or in accordance with the deadlines laid down by law. The retained data is periodically checked for obsolescence in relation to the purposes for which it was collected.
- RIGHTS OF THE INTERESTED PARTIES: The interested party has the right to request of the Data Controller access to his/her data, their rectification or deletion, for the processing to be limited and/or the possibility of opposing the processing of the data, to request the degree of portability of the data, to revoke processing consent, making use of these and the other rights provided for by the GDPR by means of a simple communication to the Data Controller. The data subject may also lodge a complaint with a supervisory authority, as provided for in Art. 77 of the Regulation itself, or to bring an action before the appropriate courts (Article 79 of the Regulation).
- COMPULSORY CONSENT: The provision of your data is mandatory while browsing our website
- DATA PROCESSING METHODS: The personal data provided by you will be processed in compliance with the aforementioned law and subject to the obligations of confidentiality which govern the activity of the Data Controller. The data will be processed using both IT tools and on paper or any other suitable medium, in compliance with the appropriate security measures pursuant to Article 5 par. 1f of the GDPR
COMPLIANCE WITH LEGISLATION
The information provided on hypercritic.org will be periodically modified and changes will be incorporated in new editions, even in the event of typographical error or technical inaccuracy. The reproduction, representation, modification, publication, transmission, transformation, total or partial, of the site and its content through any process and with any support is prohibited.
Unauthorized use of the site, its content or information disclosed therein, is the responsibility of the user and constitutes an infringement punished by articles L 335-2 and subsequent of the Intellectual Property Code.
The same applies to the databases that appear on the Hypercritic website from time to time, which are protected by the provisions of the law of 1 July 1998, which has been transposed into the Intellectual Property Code of the European Directive of 11 March 1996 on the legal protection of databases. For this reason, any reproduction or extraction implies responsibility on the part of the user.
The hypercritic.org website gives access to other sites through hyperlinks. Since Hypercritic is not the operator of these sites, it will not be able to verify their content under any circumstances. Consequently, Hypercritic cannot in any case be held responsible for the content of the linked sites, nor for any collection and transmission of personal data, installation of cookies or any other action having the same purposes and performed through this site.
Any public or private site is authorized to establish a link to the hypercritic.org provided that:
- the pages of hypercritic.org site are not connected within the pages of another site.
- only the main URL is used: hypercritic.org (without a connection to a subdomain).
We specify that the website hypercritic.org: is published by Rampart Srl. Its registered office is at Corso Luigi Einaudi 53
10129 Turin – Italy. The director of the site’s publications is Giulia Avataneo, a professional journalist enrolled in the Italian Order since 07/15/2010. In the event of an anomaly or difficulty in navigating the site, the manager of the site can be contacted at: email@example.com.
Through its social profiles, Hypercritic intends to present and promote the various aspects of its work, encouraging collaboration between institutional partners, local authorities, communication operators and the public.
The issues that are addressed through a variety of channels mainly concern:
- Publicly relevant news about Hypercritic’s activity
- Press review
- Video and photographic content
- Research and studies
- Events and exhibitions involving Hypercritic or its Partners
- Company web site
- Facebook page
- LinkedIn profile
- YouTube channel
- Write with respect for spelling, high/low, and using good manners.
- Stay on topic and intervene only with useful contributions for everyone and with specific questions.
- Avoid controversial, abusive or vulgar tones when expressing your point of view.
- Verify that third-party data, quotes, and other content are true and up to date.
- Do not post or comment to promote companies, brands or other public or private entities for commercial or political purposes.
- Do not make your sensitive data public or disclose your e-mail or telephone numbers.
- Do not publish images, videos or texts that damage the privacy or dignity of others
- The company keeps its channels up to date in order to ensure the transparency of its work and the sharing of its aims.
- The company is committed to ensuring proper and timely management, both formally and in terms of content.
- The company avoids addressing issues not directly related to its work and objectives.
- We only publish the data, quotations and content of third parties if they have been authorized, certified and updated.
- The company avoids mentioning companies, brands or other public and private subjects except for information and in any event only for non-promotional purposes.
- The company is free not to answer questions and possibly “ban” or report users who do not comply with the rules set out in this document to the managers of individual social networks.
Corso Luigi Einaudi 53