General conditions for using HATOR.COM

Last modified August 2022

Welcome to the website: www.hator.com (hereinafter the "Site").

BEFORE USING THE SITE, CAREFULLY READ THE FOLLOWING GENERAL CONDITIONS GOVERNING ITS USE (HEREINAFTER THE "TERMS OF USE").

These Terms of Use govern access to the Site and the services available through the Site (hereinafter the "Services") and govern their use. The use of the Site and the Services implies the full acceptance by the User of all the Conditions of use, the guidelines and other applicable provisions (including, by way of example and not limited to, also the personal data protection policy referred to in the following article 14); the User acknowledges the binding nature of these provisions. When registering on the Site and signing up for the Services, the user (hereinafter the "User") is asked to accept the Terms of Use. The use of the Site and the Services is permitted only if the User, when registering on the Site or signing up for the Services, expressly agrees to comply with the applicable legislation and the provisions set out in the Terms of Use. If the User does not intend to accept the Terms of Use and comply with the applicable legislation, the User is invited not to register and not to use the Services. Hator may periodically modify, where it deems appropriate, the Terms of Use. In this case, Hator will publish the updated version of the Terms of Use on the Site, replacing the "Last modified" date with the update date. Users are encouraged to consult the Terms of Use regularly. Use of the Site and Services after the date on which these changes were made implies acceptance by the User of the updated version of the Terms of Use. If the User does not accept these changes, please do not use the Site.

COMPANY INFORMATION

1.1 The Site and its contents are designed, managed and administered by the single-member company under Italian law Hator S.r.l., with registered office in Via Aldo Moro 45 - 30020 Quarto D'Altino (VE), VAT number 04160580272, Tax Code and number registration in the Venice Company Register 04160580272, Registration in REA VE-370736, share capital of 10,000 Euros, fully paid, (hereinafter "Hator").

AGE REQUIREMENTS

2.1 The Services are not intended for persons under the age of eighteen (18) (or in any case minors under the law of their country). Users who are under the required age are asked not to register and not to subscribe to any Service. If it becomes aware that the User has not turned eighteen (18) years or the age foreseen in his country to be of age (or has voluntarily misrepresented his age during the registration procedure), Hator will '' immediate cancellation of any registration or subscription of the User and will interrupt the provision of the Services.

REGISTRATION AND SUBSCRIPTION OF THE SERVICES

3.1 The User may register or subscribe to the Hator Services available from time to time on the Site.
3.2 When registering or subscribing to the Services, the User is required to provide accurate and truthful information. The User undertakes to promptly inform Hator in the event of any changes to the information provided at the time of registration or subscription in order to ensure that the User can receive the messages sent by Hator avoiding that such messages are erroneously transmitted to third parties.
3.3 If the User is registered for a Service that requires prior authentication (for example, an Account or a Wish list), the User undertakes to immediately inform Hator if he suspects that there has been unauthorized access to his account or that your password has been hacked. The responsibility arising from the use of the account rests exclusively with the User, provided that such use is attributable to it or derives from the User's failure to adopt adequate password protection measures. 3.4 Without prejudice to any other remedy provided for by the applicable legislation and the Conditions of use, in the event of violation by the User of the provisions contained in the Conditions of use, Hator will have the right to cancel the registration or subscription of the User, block the 'account and / or deny, limit, suspend or revoke the User's access to the Site and Services.

TERM AND TERMINATION

4.1 The User's registration on the Site, or his subscription to one or more Services, will be effective when the relevant procedure is completed.
4.2 These Terms of Use, and any subsequent versions thereof that may be published on the Site, will be effective for the entire period in which the User uses the Site or Services.
4.3 The User has the right to withdraw freely and at any time from registering on the Site or subscribing to a Service, without having to justify the reason; to exercise this option, the User must send an e-mail to privacy@hator.com. Hator undertakes to confirm to the User the withdrawal from registration or subscription.
4.4 Hator has the right to terminate or suspend the User's registration or subscription to a Service by the User at any time, with immediate effect and at its own discretion, in the event of a serious breach by the User of the provisions contained in the Terms of use, without prejudice to any other legal right. Hator will inform the User of the termination or suspension, as the case may be, by means of a communication sent by e-mail or post. User registration or subscription will be disabled.

ELECTRONIC SERVICES

5.1 For the provision of part of the Services it may be necessary to use electronic communication channels (such as e-mail, SMS or telephone).
5.2 The User accepts the possibility of being contacted by Hator for communications relating to the Services via SMS, e-mail or other electronic technology, and acknowledges that, in some countries, the use of mobile communication services could involve, by the communication service provider, the application of costs to be borne by the User; these costs are the sole responsibility of the User.

PROTECTION OF INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

6.1 The terms "Site" and "Material" mean, respectively and by way of non-exhaustive example, the software, implementation and use of the Site, the layout, structure and organization of the contents of the Site, as well as any Material reproduced and / or made available to the public, including, in particular, the collection and organization of data and information, photographs, images, illustrations, texts, video clips, musical compositions, audio clips, designs, distinctive signs, logos, trademarks, distinctive elements defined as trade dress or any other Material reproduced and / or made available through the Site ("Materials").
6.2 The Material on the Site, in whole or in part, including - by way of example and not limited to - trademarks, domain names, designs and models, patents and copyrights, are protected and are ownership of Hator. All rights to them, internationally, are reserved.
6.3 All trademarks, trade names, logos, designs and other distinctive signs reproduced on the Site, even if not registered, are trademarks or service marks of Hator. All domain names used on the Site and / or connected to it belong to, or are authorized by, Hator which manages them internationally.
6.4 The Site is intended for private use, for personal and non-commercial purposes; the Material presented on the Site is for informational and / or promotional purposes only.
6.5 It is not permitted to carry out, in any form and / or in any manner and for any purpose, even only partially, any of the following operations concerning the Site, any Material on the Site or the related software: reproduce (except for reproduction for personal and non-commercial use), publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add, or otherwise modify, create and / or use derivative or otherwise inspired works, sell or take any part in the sale. The download or copy, if authorized in writing by Hator, does not entail the purchase, by the User, of any right, title or interest, in the Material or in the software.
6.6 Hator is committed to preserving, enforcing and protecting its intellectual property rights around the world as well as to firmly combat any infringement thereof in order to ensure that its precious heritage is firmly preserved and fully respected. Any use not expressly permitted under these Terms of Use must be considered prohibited. Failure by Hator to resort to any remedy, whether of a judicial or extrajudicial nature, does not in any case constitute tacit consent or tolerance in relation to any violation of the Conditions of use of the Site and / or of the rights of intellectual property owned and / or available by Hator.

USER MATERIAL

7.1 The User acknowledges and accepts that any proposal, project, idea, concept, photograph, contribution or any other content and material (with the sole exception of personal data) that is communicated or transmitted to Hator through the Site or by any other means (hereinafter the "User Material") is not to be considered as confidential material. By sending the User Material, the User grants Hator the right, non-exclusive and internationally, to copy, reproduce, publish, communicate, distribute or use in any other way, in whole or in part, said Material. User, for the entire duration of the protection period recognized by the legislation, for advertising, promotional or product development purposes.
7.2 Hator is not required, and will not be required in the future, to:
(i) keep any User Material confidential;
(ii) pay a fee for the use of the User Material or in any case in relation to it;
(iii) acknowledge the transmission of the User Material and / or confirm receipt.
7.3 The User declares and guarantees that the User Material does not violate the rights of third parties deriving from laws and / or contractual relationships, such as - by way of example and not limited to - copyrights, trademarks, patents, trade secrets, rights of confidentiality or any other proprietary or personal right.
7.4 By transmitting the User Material, the User acknowledges the right (but in any case not the obligation) of Hator to copy, reproduce, publish, communicate, distribute or use in any other way, in whole or in part, said User Material, for any purpose, including, by way of example and not limited to, advertising, promotion or development of products or other commercial purposes, without this entailing in any case any rights of the User, or of any third party, to receive any compensation. The User is, and remains, fully responsible, on an exclusive basis, for any content of the User Material. 7.5 Hator reserves the right to refuse or delete, even without motivation, the User Material, including the hypothesis in which it deems such User Material in violation of the Terms of Use or offensive, illegal or such as to violate the rights of third parties. , cause damage to third parties or threaten the safety of third parties.

LINKS TO OTHER SITES

8.1 The Site may contain links to other websites. Hator has no control over these websites and is not responsible, nor can it be held responsible, for the accessibility of third party websites or their contents.
8.2 The presence of links to other websites, as well as the presence of references to information, products or services of third parties in the links to the Site, does not constitute approval, in any way and in no case, by Hator, of the aforementioned websites. information, products or services, nor can it be construed as such. Any questions or comments relating to the websites in question should be addressed to the operators of the same.
8.3 Except with the prior written consent of Hator, the User is not authorized to framing the Site on other websites or to create links to any part or page of the Site and / or to the Material or any part of it.

AUTHENTICITY OF "HATOR" BRAND PRODUCTS

9.1 The "Hator" brand products promoted on the Site are made with the best materials and are all designed in Italy.

DISCLAIMER OF WARRANTY

10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS CONTENT AND SERVICES ARE PROVIDED FREE OF CHARGE AS IS (ON AN "AS IS" BASIS) AND TO THE LIMIT OF AVAILABILITY. HATOR DOES NOT MAKE ANY WARRANTY IN RELATION TO THE SITE, ITS CONTENT OR SERVICES, SUCH AS - BUT NOT LIMITED TO - ANY GUARANTEES OF CONTINUITY AND ABSENCE OF INTERRUPTIONS OR OPERATING ERRORS, OF PROTECTION AGAINST HARMFUL, HARMFUL PROGRAMS ( BUG, MALWARE OR SIMILAR), OF SUITABILITY FOR CERTAIN PURPOSES, AND EXPRESSLY EXCLUDES ANY WARRANTY IN THIS SENSE.
10.2 BECAUSE THE SERVICES ARE OFFERED FREE OF CHARGE, HATOR WILL ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE SITE IS ACCURATE AND UP-TO-DATE. HOWEVER, HATOR CANNOT IN ANY CASE GUARANTEE THE ACCURACY OF SUCH INFORMATION NOR THAT SUCH INFORMATION IS FREE OF ERRORS OR OMISSIONS AND EXPRESSLY DISCLAIMS ANY WARRANTY OR LIABILITY IN THIS SENSE. HATOR RESERVES THE RIGHT TO UPDATE AND / OR MODIFY THE CONTENT OF THE SITE AT ANY TIME WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY.

LIMITATION OF LIABILITY

11.1 IN CERTAIN COUNTRIES, THE LIMITATIONS OR EXCLUSIONS OF LIABILITY INDICATED BELOW MAY NOT BE ALLOWED, EVEN IN PART. THEREFORE, IF SO PROVIDED BY THE APPLICABLE LAW, THE CONTENT OF THIS ARTICLE MAY NOT BE APPLICABLE TO THE USER.
11.2 THE USER IS RESPONSIBLE FOR THE ASSESSMENT OF THE INFORMATION AND CONTENT OF WHICH THEY COME TO KNOW THROUGH THE SITE. USE OF THE SITE INVOLVES THE ASSUMPTION OF ALL RELATED RISKS AND THE USER ASSUMES ALL AND ANY LIABILITY FOR ANY INTERRUPTIONS IN ITS USE, LOSS OF DATA AND COSTS RELATED TO THE ASSISTANCE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE SITE.
11.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE HATOR, HATOR'S LICENSED RIGHTS HOLDERS, SERVICE PROVIDERS, REPRESENTATIVES, DIRECTORS OR ADMINISTRATORS OF HATOR FROM ANY LIABILITY TITLE, FOR ANY POSSIBLE DAMAGE, INCLUDING THEREIN, BUT NOT LIMITED TO, ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, LOSS OR EXPENSES, WHICH ARE DUE, OR ANYWAY CONSEQUENT, TO THE USE OF THE SITE, THE SERVICES, SITE OR RELATED TO IT, OF ANY LINKED SITES OR OF THEIR USE AS WELL AS THE FAILURE FOR ANYONE TO USE IT, OR CONNECTED TO ANY MALFUNCTION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAYED OPERATION OR RETURN LINE OR SYSTEM, EVEN IF THE SUBJECT KNOWS THE POSSIBLE OCCURRENCE OF SUCH DAMAGES, LOSSES OR EXPENSES.
11.4 IT IS UNDERSTANDED THAT NONE OF THESE CONDITIONS OF USE CONTAINS ANY EXCLUSION OR LIMITATION (I) OF HATOR'S LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY; (II) OF HATOR'S LIABILITY IN THE EVENT OF MALICE, MISREPRESENTATION OR SERIOUS FAULT AND / OR (III) ANY OTHER LIABILITY WHICH LAW DOES NOT ALLOW TO EXCLUDE OR LIMIT.

INDEMNITY

12.1 To the maximum extent permitted by applicable law, the User agrees to indemnify and hold harmless Hator, each company controlled by it or connected to it, as well as their respective managers, representatives, shareholders and employees, from any and all loss, liability, claim o judicial request (including related legal fees to a reasonable extent) that is made by a third party and due to the use by the User of the Site and the Services, or in any case deriving from them, in violation of the Terms of Use, to the violation of the aforementioned Conditions of use, to the violation of the declarations and guarantees made by the User pursuant to these Conditions of use and / or to the fact that the User Material supplied through the Services entails responsibility for Hator towards third parties .

APPLICABLE LAW - JURISDICTION

13.1 The Terms of Use, as well as any non-contractual obligation deriving from or relating to them, are governed by the rules of Italian law and must be interpreted on the basis of it (with the exception of the rules on private international law); the application of the mandatory rules of the User's place of residence remains unaffected. All disputes arising from, or relating to the Conditions of use or any non-contractual obligation deriving from them or relating to them, will be devolved exclusively by the Italian courts or by the courts of the User's place of residence if required by a mandatory rule provided for by applicable law.

PROTECTION OF PERSONAL DATA

14.1 Before uploading or providing personal data on the Site, please carefully read Hator's privacy policy regarding the protection of personal data available on the PRIVACY POLICY page of the Site.

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