1. Recitals

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This website, including its mobile version and related application (hereinafter collectively referred to as the "Website"), is owned and operated by Giulia D'Auria (Tax Code: DRAGLI93A49F205M) (hereinafter, the "Owner").

The Website is an informational blog intended for any user of the Website (hereinafter, the "User"). On certain occasions, such as promotional initiatives, access to the Website may be restricted to a limited audience. The access to and use of the Website by any User, regardless of the purpose of their visit, are governed by these General Terms and Conditions of Use (hereinafter also referred to as the "Terms and Conditions"). By accessing and using the Website, the User agrees to be bound by these Terms and Conditions. If the User does not intend to accept the Terms and Conditions, they must refrain from using the Website. The User's access to the Website may be suspended or terminated at any time by the Owner without notice in the event that (a) the Owner has reasonable grounds to believe that these Terms and Conditions and/or any other rule on the Website have been violated, or (b) the Owner deems such action necessary for security reasons.

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2. Changes to these Terms and Conditions 

These Terms and Conditions may be periodically amended by the Owner. The User acknowledges and agrees that continued use of the Website after the date on which the Terms and Conditions have been modified shall be deemed as implicit acceptance of the modified Terms and Conditions. It is the User's responsibility to periodically check the Terms and Conditions to verify any changes.

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3. Account

The User may choose to register their details through the Website and create a personal account (hereinafter, the "Account"). To create an Account, the User must provide: (a) email address; (b) first name; (c) last name; (d) password necessary to access the Account. The processing of such data shall be carried out in accordance with the Privacy Policy. The User is solely and entirely responsible for maintaining the confidentiality of their login information and controlling access to their Account. The User is exclusively responsible for all activities carried out through their Account, including, but not limited to, any comments and/or reviews posted on the Website, where such functionality is available. The User must immediately notify the Owner at the email address info@theordinaryallure.com of any security breaches or unauthorized use of their Account credentials of which they become aware. The User's Account may be closed or suspended by the Owner at any time and without notice if (a) the Owner believes the User is using their Account in violation of these Terms and Conditions and/or any other rule on the Website, (b) the Owner has reason to believe that a third party is using another User's Account without their consent, or (c) for security reasons or for Website maintenance purposes.

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4. Intellectual Property

 

4.1. Website and Protected Material

The User acknowledges and agrees that the Website contains confidential information protected by intellectual property laws. All intellectual property rights in the Website, including but not limited to software, HTML code, newsletters, texts, databases, designs, photographs, images, layouts, video and/or audio materials, and any other content on the Website (hereinafter, the "Protected Material"), are the exclusive property of the Owner and/or its licensors. The Protected Material is made available to the User by the Owner and/or its licensors solely for personal and non-commercial use. The User may not: (a) copy, reproduce, publish, transmit, distribute, perform, display, modify, create derivative works from, reverse engineer, sell, license, or otherwise exploit the Website or any portion of the Protected Material without prior written authorization from the Owner; (b) access or use the Website or any portion of the Protected Material for commercial purposes or for any purpose that competes with the Owner and/or its licensors.

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4.2. Trademarks

The User acknowledges and agrees that the Owner and/or its licensors are the exclusive owners of the trademarks and logos appearing on the Website (hereinafter, the "Trademarks"). Any use of the Trademarks by the User is strictly prohibited and constitutes an infringement of the intellectual property rights of the Owner and/or its licensors. The Owner reserves the right to take legal action to seek compensation for damages in the event of counterfeiting of the Trademarks and/or any violation of its intellectual property rights.

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4.3. Hyperlinks

The Website may contain hyperlinks to third-party websites, web pages, or content. The Owner does not control such third-party websites, web pages, and content and shall not be held responsible for the accuracy, correctness, security, or reliability of any third-party website, web page, or content. The Owner shall not be liable for any damages or losses suffered by the User resulting from their access, use, or reliance on such third-party websites, web pages, or content. The creation of links to the Owner's Website, framing of the Website, or any use of the Protected Material requires prior written authorization from the Owner, which may be revoked at any time at its sole discretion. The Owner reserves the right to (a) request the removal of any unauthorized link and (b) seek compensation for any damages resulting from unauthorized links.

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5. Social Media

Where permitted by the features available on the Website, the User may share certain content (e.g., product details, images, news) on social media networks (such as Facebook, Twitter, Pinterest, Google+, etc.). ​Content shared on social networks will be subject to the terms and conditions of use of each of the social networks, which, therefore, should be consulted in advance by the User. The User assumes sole responsibility for sharing Website content on social networks, and the Owner shall not be liable for any consequences resulting from such sharing. The User agrees to indemnify and hold harmless the Owner from any harmful consequences resulting from the User's posting on social networks of any content from the Site and/or its combination with any other content.

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6. User comments

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In certain sections of the Website, Users may be allowed to post comments and reviews (hereinafter, "Comments"). The User assumes full responsibility for their Comments and agrees to indemnify and hold the Owner harmless from any third-party claims. The Owner reserves the right to refuse and/or remove, at its sole discretion, any Comments deemed obscene, defamatory, or not aligned with its ethical principles.

 

7. General limitations on Website use and User conduct

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The User agrees to use the Website responsibly and to refrain from engaging in any activity that may violate the rights of other Users or third parties. In particular, the User, by accessing the Site, agrees to refrain from: (a) uploading to the Website, publishing, emailing or transmitting by any other means any content that is unlawful, harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, indecent, injurious to another's privacy, objectionable, offensive or racially, ethnically or otherwise objectionable; (b) upload to the Website, post, email or transmit by any other means unsolicited or unauthorized advertising or promotional materials, false information, chain emails and/or letters, or any other form of unauthorized commercial solicitation; (c) upload to the Website, post, email, or transmit by any other means materials containing viruses or other code, files, or programs created to destroy, damage, disrupt, or limit the operation of any software and/or hardware or any electronic telecommunications networks; (d) interfere with, or disrupt the operation of, the Website or the servers or networks connected to the Website, or violate the requirements, procedures, rules or regulations of the networks connected to the Website; (e) damage or attempt to damage the enjoyment of the Website by any User, host, or network, including without limitation by introducing viruses into the Website, willfully overloading or saturating the server and/or mailboxes, or, again, falsifying TCP/IP protocol information or any other information forming part of the headers included in any e-mail message; (f) making or attempting to make changes or alterations to any part of the Website; (g) accessing data not intended for the User or logging into a server/account that the User is not authorized to access; (h) attempting to ascertain or test the vulnerability of a system or network or, again, attempting to breach security or authentication measures without having received authorization; (i) usurp another person's identity; (j) engage in an activity or induce another person to engage in an unlawful activity or any other activity that may violate the rights of the Owner, its suppliers, partners, distributors or advertisers or any other User; (k) circumvent or attempt to circumvent, disable or otherwise interfere with any security-related element of the Website or elements that (1) prohibit or restrict the use or copying of any Protected Material or content and/or (2) reinforce limitations on the use of the Website or the content accessible on the Website; (l) transmit or transfer (by any means) information or software derived from the Website to foreign countries and/or to foreign nationals in violation of any national or international law or regulation; (m) enter false and/or invented and/or fictional data; (n) misuse the Trademarks. The User agrees to comply with all national and international rules and procedures regarding conduct to be maintained online and permissible content, including all applicable laws regarding the transmission of technical data. At any time and for any reason, the Owner may, at its sole discretion, implement any system that allows for the interruption and termination, without prior notice, of the User's use of the Website or any service offered on the Website, in the event that the User has engaged in or the Owner has a concern that the User may engage in conduct in violation of these Terms and Conditions and/or any other rules on the Website. The Owner reserves the right to claim damages from the User in case of non-compliance with these Terms and Conditions and/or any other rule on the Website.

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8. Website access and operation

The User is personally liable for arranging the computer and telecommunication facilities that enable him/her to access the Website. The costs of connection and equipment necessary to access the Internet and to use the Website are entirely and exclusively the responsibility of the User. The User acknowledges and agrees that use of the Website is at his/her sole risk. The Owner shall not be liable for any damages that a User may suffer as a result of such use. The Owner disclaims any and all liability for indirect damages, regardless of the causes, origins and nature of the same, resulting from the use and/or non-use of the Website, as well as from having lent credence to any information directly or indirectly from the Website, including, but not limited to, loss of profit, clientele, data or other loss of intangible property.

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9. Liability

The Owner releases no warranties of any kind, whether express or implied, concerning in particular the integrity, accuracy, timeliness, non-infringement, availability, reliability and completeness of the information on the Website, including information about the products, accessories or services offered and/or promoted and/or reviewed on the Website and/or their suitability for a particular use that the User intends to make of them. In the event that the User intends to make a claim against the Owner regarding the Protected Material on the Website and/or to the products and/or services offered therein, such claim shall be made by sending written notice to the following address: info@theordinaryallure.com, no later than six months after the occurrence of the event from which the claim originates.

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10. Miscellanea

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10.1. Validity of the Agreement

In the event that any provision of these Terms and Conditions is declared invalid or ineffective due to a legislative change or as a result of a ruling by a judicial authority, the remaining provisions of these Terms and Conditions shall remain in full force and effect.

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10.2. Applicable law and jurisdiction

 

These terms and Conditions are governed by Italian law.

 

Any dispute relating to the existence, interpretation and/or execution, termination of these Terms and Conditions shall be devolved to the jurisdiction of the Courts of the place where the User has his domicile or residence, if located in the Italian territory.

 

The User also has the possibility to resolve any disputes, without recourse to the Courts, through the online dispute resolution platform available at the link http://ec.europa.eu/consumers/odr/.

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