1. Legal Notice
1.1 These "Terms" apply to the entire contents of the website under the domain name www.powersoft-audio.com (the "Website") and to any correspondence between you and Powersoft (the "Company"). Please read these Terms carefully before using the Website. Using the Website indicates that you accept these Terms regardless of whether or not you choose to register your information with us. If you do not accept these Terms, do not use the Website.
1.2 You may access the Website (excluding websites to which links are provided on the Website) without registering your details with us. The Company may revise this legal notice at its sole and absolute discretion and without prior notice from time to time, by updating these Terms. You should therefore check the Website from time to time to review these Terms, because, by accessing and continuing to use the Website, you will be deemed to have accepted that you are bound by the Terms appearing on the Website at the time of your access. Certain of these Terms may, however, be superseded by expressly designated legal notices or terms located on particular pages within the Website.
2. Intellectual Property and Licence
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 The copyright, trademarks, database rights and other intellectual property rights in all content and material on the Website (including without limitation photographs and graphical images) are proprietary rights owned by the Company or its licensors. For the purposes of these Terms, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of these Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
3. Privacy and Registration
4. Visitor Conduct
4.2 You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2.
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website (linked sites will generally open a new window, the Website remaining open). The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 You may not create links to the Website without the prior written consent of the Company, which consent will only be given subject to the satisfaction of certain criteria.
5.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.
6. Disclaimer and Liability
6.1 The Company does not guarantee, represent or warrant that your use of the Website will be uninterrupted or error-free. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
6.2 You expressly agree that your use of, or inability to use, the Website is at your sole risk. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, conditions and other terms and expressly disclaims any warranty of any kind, either express or implied, including all implied warranties of satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, title and non-infringement which, but for this legal notice, might have effect in relation to the Website.
6.3 In no case shall the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies, its directors, officers, employees, affiliates, agents, contractors or licensors be liable to you or any third party for any direct, indirect, incidental, punitive, special or consequential loss or damages including without limitation any loss of use, profits or data arising from your use of the Website or for any other claim related in any way to your use of the Website including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, or inability to use, any content posted, transmitted or otherwise made available via the Website or from the conduct of any users of the Website, whether online or offline, the deletion of your data , information or content stored on the Website, even if advised of their possibility whether such losses or damages arise in contract, negligence, tort or otherwise.
6.4 The Company does not represent or guarantee that the Website will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and the Company disclaims any liability relating thereto. You shall be responsible for backing up your own system and if your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6.5 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and any prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
6.6 Nothing in this Agreement shall act to exclude or limit the Company's liability for death or personal injury caused by negligence, fraud, misrepresentation as to a fundamental matter or any other liability which may not by applicable law be excluded or limited.
If you are dissatisfied with any part of the Website or with this agreement, your sole and exclusive remedy is to discontinue using the Website.
By using the Website, you agree to indemnify and hold the Company and any of the Company's group companies, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website, any action taken by the Company as part of its investigation of a suspected breach of this agreement or as a result of its finding or decision that a breach of these Terms has occurred.
These Terms are between you and the Company and are governed by the Italian laws. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Italian courts.
The Company may delay enforcing its rights under these Terms without losing them.