Nativery

TERMS OF SERVICE

These Terms of Service (hereinafter the "Terms") govern the use you will make of this site, and the products and services which may be accessed via the site, or any other website linked to www.nativery.com and managed by Nativery.
Your use of the Platform and linked sites is subject to these Terms and to all applicable laws, standards and regulations. Please read the following terms and conditions carefully and contact us if you have any questions.
By accessing and/or using the Platform and the features offered on it, you acknowledge that you have read, understood and accepted to be legally bound by these Terms of Service. Failure to accept the Terms, even in part, will prevent you from accessing and using the www.nativery.com site.
The Terms may be changed and/or updated at any time. Changes will be displayed at any time on www.nativery.com. By accepting these Terms, you accept such changes and you promise to periodically check for changes and/or updates.

1. Use of the Platform
Nativery guarantees the restricted right to access and use the Platform and the linked sites under the terms and conditions established in the Terms of Service. You acknowledge that Nativery may change or discontinue the Platform, or any of its features, at any time, at its sole discretion. Acceptance of the Terms will not entitle you to any support, update, add-on patches, enhancements or corrections for the Platform. Such updates or tools will be made available to you at Nativery's sole discretion.
Access to and use of the Platform and linked sites shall not mean that you will acquire any right, title or interest in the content accessible through such access and use. No license to use or reproduce any logo or trademark included in the Platform is granted to you under these Terms. The trademarks, logos, service marks and trade names displayed on the Sites are protected, regardless of whether they are registered or not. Any unauthorized use of the content or information published on the Platform and on the linked sites, and any unauthorized reproduction, retransmission or other use of any part of the Sites may infringe copyright, trademarks, privacy, advertising or other third-party rights or third parties. This includes, without limitation, the use of automated systems or software to harvest data for business purposes (also known as screen/content scraping).

2. Intellectual property and infringement
By accepting the Terms and conditions of use, you acknowledge and agree that all our trademarks, logos, copyrights and all other intellectual property rights in all material contained on the Platform, or in the linked sites, remain the property of Nativery. In addition, you agree that you may not change, copy, reproduce, create derivative works, decode, alter, improve, or in any way exploit Natively Platform material or content.
All content and all materials contained in the Platform and in the linked sites are Nativery's property, or are used by Nativery upon authorization of the owner and are protected by the applicable trademark and copyright legislation.
Should you believe that your intellectual property rights, or those of a third party, have been infringed, please contact Nativery at the email address: dpo@nativery.com. Nativery shall perform all necessary checks and proceed to take down any content that infringes third party rights.

3. Limitation of liability
The manager shall use the utmost diligence in the running and maintenance of the site and its content, however, NATIVERY SRL excludes any and all liability for the correctness, completeness and timeliness of data and information provided by the Platform, or on the linked sites. Therefore, any liability for errors or omissions arising from the use of the data or information on the Platform shall be excluded, the content of which is provided "as is", and without any kind of implicit or explicit guarantee. You acknowledge and declare that you will use the Platform and its Services at your own risk. Under no circumstances shall Nativery or its agents be held liable by you, or any third party for any loss of earnings, loss or damage to data, failure or malfunction of your computer, interruption of business activity, or any other indirect, direct, accidental or consequential losses, in relation to the use of the Platform, or the impossibility of using it, of using its services or data, even if such loss is foreseeable, including, but not limited to, injury caused to persons or damage caused to property, whatever the nature, or resulting from any unauthorized access or use of the site, or arising from bugs, viruses, Trojans or similar, which may be transmitted through the Platform or sites linked by any third party.
Nativery shall use all reasonable skill and care in providing its products, and in maintaining a safe and error-free environment, but it cannot, under any circumstances, guarantee that the products and data will always work without interruptions, delays or imperfections. Provided it has acted with reasonable skill and care, Nativery shall not accept any liability for: losses not caused by its breach of these Terms, or otherwise by its actions; losses that are not reasonably foreseeable by the parties at the time of signing these Terms; any offensive, inappropriate, obscene, illegal or otherwise objectionable content published by others that you may encounter on the Platform; and events beyond our reasonable control.
Without prejudice to the provisions of this clause, Nativery's total liability shall not exceed EUR 100.00.

4. Privacy and Cookie Policy
Use of the Nativery Platform and its Services is also governed by the Privacy Policy. By using the Platform, or by using its Services, you agree to the terms and conditions established in said Privacy Policy. If you are a Publisher or Advertiser, you will also be subject to compliance with additional specific terms provided for these categories.
In addition, the Nativery Platform may use cookies or other automatic data collection methods.
For further information, please read our Privacy Policy and Cookie Policy.
For any reports and/or information regarding the privacy or cookie policy, you may write to: responsabileprivacy@nativery.com

5. Indemnity
You agree to indemnify, defend and hold Nativery, its employees, its affiliates, its customers and sales agents harmless, as well as their respective officers, directors and employees from any liability, loss or cost (including reasonable legal fees) arising from any claim or demand made by third parties due to, or arising from your access to the Platform; use of the Service or Platform and/or breach of the Terms; breach by you, or any third party using your account, of any intellectual property right, or other right of any person or entity.

6. Termination
Nativery, at its sole discretion, may, at any time, for any reason or for no reason, interrupt or suspend the use of the Platform or linked sites, without providing you with any prior notice or being liable to you in any way. All provisions under these Terms which, due to their nature, may survive termination, shall survive termination, including, but not limited to, provisions regarding ownership, disclaimers and limitations of liability.

7. Final provisions
Nativery may not be held liable for the availability of websites, applications or other offerings owned or controlled by third parties. Nativery neither approves nor shall be held liable, directly or indirectly, for the working order of such third-party websites, their privacy policies and/or content (including misleading or defamatory content), including, but not limited to, advertising, products, or other materials or services provided or made available on such websites or resources; nor for any damage, loss or criminal offence caused or alleged to have been caused by, or in connection with, the use or reliance on such content, goods or services available on such external sites, or third-party resources.
When using the Platform, you agree to comply with all the relevant laws in your jurisdiction (including, but not limited to, copyright laws) and that you shall not use the Site for purposes that are unlawful or prohibited under these Terms. By way of example, you shall not:
- publish or transmit any message or solicitation intended to obtain passwords, accounts or private information from any Nativery user;
- create or send spam to any Nativery user;
- use robots, spiders or other automatic means to access the platform for any purpose, without the express written consent of Nativery;
- tamper with, or attempt to tamper with the correct functioning of the Platform, or any activity carried out on it, or on the Services offered;
- circumvent the measures that the Platform may adopt to prevent or restrict access to the same.
If any part of these Terms may be deemed unlawful, invalid, or for any reason unenforceable, then such provision shall be deemed separable from these Terms, and it shall not affect the validity and enforceability of the remaining provisions under the Terms.

8. Electronic notifications
Please send any questions or concerns regarding these Terms to: info@nativery.com. Should you submit an electronic communication by email, you accept that the content of such communication may not be considered confidential.

9. Applicable law
These Terms of Use shall be governed by and construed in accordance with Italian law, to which referral shall be made in full for any matters not expressly provided for herein. You agree to submit to Italian jurisdiction, and agree that any dispute arising from, or relating to the use of the Platform or these Terms will be subject to the sole jurisdiction of the Court of Turin, Italy.