
AGREEMENT BETWEEN USER AND BAT
S.r.l.
The BAT S.r.l. Web Site is comprised of various Web pages operated by BAT S.r.l..
The BAT S.r.l. Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the BAT S.r.l. Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
BAT S.r.l. reserves the right to change the terms, conditions, and notices under
which the BAT S.r.l. Web Site is offered, including but not limited to the
charges associated with the use of the BAT S.r.l. Web Site.
LINKS TO THIRD PARTY SITES
The BAT S.r.l. Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of BAT S.r.l. and BAT S.r.l. is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
BAT S.r.l. is not responsible for webcasting or any other form of transmission
received from any Linked Site. BAT S.r.l. is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by BAT
S.r.l. of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BAT S.r.l. Web Site, you warrant to BAT S.r.l.
that you will not use the BAT S.r.l. Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the BAT
S.r.l. Web Site in any manner which could damage, disable, overburden, or impair
the BAT S.r.l. Web Site or interfere with any other party's use and enjoyment of
the BAT S.r.l. Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided
for through the BAT S.r.l. Web Sites.
USE OF COMMUNICATION SERVICES
The BAT S.r.l. Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive
messages and material that are proper and related to the particular
Communication Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
BAT S.r.l. has no obligation to monitor the Communication Services. However, BAT
S.r.l. reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. BAT S.r.l. reserves the
right to terminate your access to any or all of the Communication Services at
any time without notice for any reason whatsoever.
BAT S.r.l. reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in BAT S.r.l.'s sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. BAT S.r.l. does not
control or endorse the content, messages or information found in any
Communication Service and, therefore, BAT S.r.l. specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are not
authorized BAT S.r.l. spokespersons, and their views do not necessarily reflect
those of BAT S.r.l..
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BAT S.r.l. OR POSTED AT ANY BAT S.r.l. WEB SITE
BAT S.r.l. does not claim ownership of the materials you provide to BAT S.r.l. (including
feedback and suggestions) or post, upload, input or submit to any BAT S.r.l. Web
Site or its associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you
are granting BAT S.r.l., its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. BAT S.r.l. is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in BAT S.r.l.'s sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE BAT S.r.l. WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BAT S.r.l. AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BAT S.r.l. WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE BAT S.r.l. WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BAT S.r.l. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BAT S.r.l.
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BAT S.r.l. AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAT S.r.l.
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BAT S.r.l. WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE BAT S.r.l. WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BAT S.r.l. WEB
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE BAT S.r.l. WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAT
S.r.l. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BAT S.r.l. WEB
SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE BAT S.r.l. WEB SITE.
SERVICE CONTACT : info@BATcorse.com
TERMINATION/ACCESS RESTRICTION
BAT S.r.l. reserves the right, in its sole discretion, to terminate your access
to the BAT S.r.l. Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington, U.S.A. and you
hereby consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the BAT
S.r.l. Web Site. Use of the BAT S.r.l. Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between you and BAT
S.r.l. as a result of this agreement or use of the BAT S.r.l. Web Site. BAT
S.r.l.'s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of BAT S.r.l.'s
right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the BAT S.r.l. Web Site or information
provided to or gathered by BAT S.r.l. with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and BAT S.r.l. with
respect to the BAT S.r.l. Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and BAT S.r.l. with respect to the BAT S.r.l. Web
Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BAT S.r.l. Web Site are: Copyright BAT S.r.l. and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.