Terms of Use
Acceptance of Terms of Use These Terms of Use govern your use of the content
and functions available through the viaemilia9.com domain name and other
websites and apps on which these terms reside or are linked from (collectively
the "Platform") that are operated by Via
Emilia 9 LLC ("Via Emilia 9 "). By using, visiting, or browsing
the Platform, you accept and agree to be bound by these Terms of Use. If you do
not agree to these Terms of Use, you should not use the Platform. These Terms
of Use are an ongoing contract between you and Via Emilia 9 and apply to your use of the Via Emilia
9 Platform.
Changes to Terms of Use Via Emilia 9 the right, from time to time, with or
without notice to you, to change these Terms of Use in our sole and absolute
discretion. The most current version of the Terms of Use will supersede all
previous versions. Your use of the Via Emilia 9 Platform after changes are made
means that you agree to be bound by such changes.
Privacy and Personal Information On certain areas of our Platform,
you may be given the ability to provide us with personally identifiable
information. Please read our Privacy Policy for more information about our
information collection and use practices, which Policy applies to information
you submit on this Platform.
Third-Party Content These Terms of Use apply to all users of the Platform, including
users who are also contributors of video content, information, and other
materials or services on the Platform. The Platform may contain links to third
party Platforms that are not owned or controlled by Via Emilia 9. Via Emilia 9 has
no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party platforms. In addition, Via Emilia 9 will
not and cannot censor or edit the content of any third-party site. By using the
Platform, you expressly release Via Emilia 9 from any and all liability arising
from your use of any third-party Platform. Accordingly, when you leave the
Platform or submit information to a third-party platform accessible from this
Platform, the terms and conditions and privacy policy of that other platform
will apply.
Platform Access
Via Emilia 9 hereby grants you permission to use the Platform as
set forth in these Terms of Use, provided that:
Ø
your use of the Platform as permitted is solely for your
personal, noncommercial use;
Ø
you will not copy or distribute any part of the Platform,
including content on the Platform provided by Via Emilia 9 or its licensors, including graphics,
images, text, digitally downloadable files, trademarks, logos, product and
program names, or slogans (“Via Emilia 9 Content”), in any medium without Via Emilia 9 prior written authorization;
Ø
you will not alter or modify any part of the Platform other
than as may be reasonably necessary to use the Platform for its intended
purpose;
Ø
you will not use any electronic communication feature of the
Platform for any purpose that is unlawful, tortious, abusive, intrusive on
another's privacy, harassing, libelous, defamatory, embarrassing, obscene,
threatening, or hateful;
Ø
you will not upload, post, reproduce, or distribute any
information, software, or other material protected by copyright or any other
intellectual property right (as well as rights of publicity and
privacy) without first obtaining the permission of the owner of
such rights;
Ø
you will not upload, post, email, or otherwise transmit
any advertising or promotional materials or any other form of
solicitation or unauthorized communication; and you will not
upload, post, email, or otherwise transmit any material that contains viruses
or any other computer code, files, or programs which might
interrupt, limit, or interfere with the functionality of any
computer software or hardware or telecommunications equipment; and
Ø
you will otherwise comply with the terms and conditions of
these Terms of Use.
You agree not to use or launch any automated system, including
without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Platform in a manner that sends more
request messages to the Via Emilia 9 servers in a given period of time than a human
can reasonably produce in the same period by using a conventional on-line web
browser. Notwithstanding the foregoing, Via Emilia 9 grants the operators of public search engines
permission to use spiders to copy materials from the site for the sole purpose
of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. Via Emilia 9 reserves the right to revoke these exceptions
either generally or in specific cases. You agree not to collect or harvest any
personally identifiable information, including account names, from the
Platform, nor to use the communication systems provided by the Platform for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Platform with respect to their user submissions.
Your Account In order to access some features of the Platform, you will have to
create an account. If you register an account on the Platform, you are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your account, and you agree to accept responsibility for
all activities that occur under your account or password. When creating your
account, you must provide accurate and complete information. You may never use
another's account without permission. You must notify Via Emilia 9 immediately of any breach of security or
unauthorized use of your account. Although Via Emilia 9 will not be liable for your losses caused by
any unauthorized use of your account, you may be liable for the losses of Via
Emilia 9 or others due to such
unauthorized use.
The Platform sells products to adults, who can purchase with a
credit card. If you are under 13, you may browse the Platform but you may not
register an account, purchase goods or participate in any offers or promotions.
Via Emilia 9 reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
its sole discretion.
Limitation of Liability. this platform (including, without limitation, all
information contained hereon) is provided on an "as is, as available"
basis. no warranties, express or implied, including but not limited to those of
merchantability or fitness for a particular purpose, are made with respect to
this platform or any information or software therein. in no event shall Via
Emilia 9 , its officers, directors,
employees, or agents, be liable to you for any direct, indirect, incidental,
special, punitive, or consequential damages whatsoever resulting from any (1)
errors, mistakes, or inaccuracies of content, (2) personal injury or property
damage, of any nature whatsoever, resulting from your access to and use of our
platform, (3) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or financial information stored therein,
(4) any interruption or cessation of transmission to or from our platform, (5)
any bugs, viruses, trojan horses, or the like, which may be transmitted to or
through our platform by any third party, and/or (6) any errors or omissions in
any content or for any loss or damage of any kind incurred as a result of your
use of any content posted, emailed, transmitted, or otherwise made available
via the Via Emilia 9 platform, whether
based on warranty, contract, tort, or any other legal theory, and whether or
not viaemilia9 is advised of the possibility of such damages. the foregoing
limitation of liability shall apply to the fullest extent permitted by law in
the applicable jurisdiction.
you specifically acknowledge that Via Emilia 9 shall not be liable for user submissions or
the defamatory, offensive, or illegal conduct of user or any third party and
that the risk of harm or damage from the foregoing rests entirely with you.
Via Emilia 9 makes no
representations about the reliability of the features of this Platform, the
content, or any other Platform feature, and disclaims all liability in the
event of any service failure. You acknowledge that any reliance on such
material or systems will be at your own risk. Via Emilia 9 makes no representations regarding the amount
of time that any content will be preserved.
The Platform is controlled and offered by Via Emilia 9 from its facilities in the United States of
America. Via Emilia 9 makes no
representations that the Via Emilia 9 Platform is appropriate or available for use
in other locations. Those who access or use the Via Emilia 9 Platform from other jurisdictions do so at
their own volition and are responsible for compliance with local law. Indemnity
You agree to defend, indemnify and hold harmless Via Emilia 9, its parent
corporations, affiliates officers, directors, employees and agents, 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:
Ø your use of and access to the
Platform;
Ø
your violation of any term of these Terms of Use;
Ø
your violation of any third party right, including without limitation
any copyright, property, or privacy right; or
Ø any claim that one of your user
submissions is offensive, defamatory, obscene or otherwise objectionable or
caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Use and your use of the Platform.
App Platform Users. The use of the app Platform requires use of a mobile device
and wireless mobile data service, which must be obtained from your wireless
carrier, and may require Internet access, which must be obtained from your
service provider; you are responsible for obtaining and paying for such
additional services and obtaining a suitable device, including without
limitation all usage charges related thereto. You are required to send and
receive, at your cost, electronic communications related to the Platform,
including without limitation, administrative messages, service announcements,
diagnostic data reports, and Platform updates, from Via Emilia 9, your mobile
carrier or third-party service providers. If you do not have an unlimited
wireless mobile data plan, you may incur additional charges from your wireless
service provider in connection with your use of the Platform. You are solely
responsible for obtaining any additional subscription or connectivity services
or equipment necessary to access the Platform, including but not limited to
payment of all third-party fees associated therewith, including fees for
information sent to or through the Platform.
Via Emilia 9 may, at its
discretion, automatically download Platform updates to your device from time to
time. You agree to accept these Platform updates, and to pay for any costs
associated with receiving them. The Platform may not work with all devices or
all mobile carriers. Via Emilia 9 makes
no representations that the Platform will be compatible with or provided by all
mobile carriers. In the event that fees are charged for the Platform, or other
third-party service providers charge a fee for the products or services they
provide, you agree to pay such fee to the respective party in exchange for your
continued use of such products or services. Some services may be subject to
different or additional terms (including fees), which you will be required to
agree to prior to your use of such services.
Ability to Accept Terms of Use. You affirm that you are either more than 13 years
of age, or an emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms, conditions,
obligations, affirmations, representations, and warranties set forth in these
Terms of Use, and to abide by and comply with these Terms of Use. In any case,
you affirm that you are over the age of 13, as the Via Emilia 9 Platform is not intended for children under
13. If you are under 13 years of age, then please do not use the Via Emilia 9 Platform - there are lots of other great web
sites for you. Talk to your parents about what sites are appropriate for you.
Miscellaneous. These Terms of Use will be governed by and construed in
accordance with the internal laws of New York City without regard to conflicts
of laws principles. By using this site, you hereby agree that any and all
disputes regarding these Terms of Use will be subject to the courts located in
New York City. These Terms of Use operate to the fullest extent permissible by
law. Via Emilia 9 fails to act with
respect to your breach or anyone else's breach on any occasion, Via Emilia 9 is not waiving its right to act with respect
to future or similar breaches. If any provision of these Terms of Use shall be
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect the validity and
enforceability of any remaining provisions. These Terms of Use constitute the
entire agreement between you and Via Emilia 9 regarding the use of the Platform.