GENERAL CONDITIONS OF SALE
Last revised 04/05/2023
Foreword – Effectiveness of the General Conditions – Amendments
1. These general terms and conditions of sale, available on the website shop.fondazioneligabue.it (hereinafter, the Site) in favor of the user for reproduction and preservation pursuant to Article 12 of Legislative Decree No. 70/03 and Part III, Title III, Chapter I, Section II of Legislative Decree No. 206/05 and subsequent amendments, have as their object the online sale of products and services made available by the Site consisting mainly of books, e-book files and services related to the sale of the aforementioned products. All products and services offered are illustrated in detail on the home page of the Site (shop.fondazioneligabue.it) within the respective sections, distinguished by product category.
2. The products made available by the Site consist mainly of books, e-book files; the services made available by the Site are those related to the sale of the aforementioned products. All products and services offered are explained in detail on the home page of the Site (shop.fondazioneligabue.it) within the respective sections, distinguished by product category.
3. The owner of the Website is Fondazione Giancarlo Ligabue (hereinafter, “Ligabue”), with registered office in San Marco, 3319, 30124, Venice, P.I. 04374850271
4. All purchases of products and services made through the Website (hereinafter, the Purchase Agreements) by users accessing it (hereinafter, the Customers) are governed by the General Conditions as well as by the other provisions and operating instructions contained in the Website. In the event of any conflict between what is set forth in the aforementioned provisions and operating instructions and what is contained in the General Conditions, the latter shall prevail.
5. Any transaction and/or payment condition possibly granted to the Customer in derogation of the General Conditions shall be valid only if Ligabue has accepted said condition in derogation in writing.
6. The provisions of these General Conditions shall apply indiscriminately to all Customers, except for those provisions for which applicability to Consumer Customers only has been expressly provided. By “Consumer Customer” is meant a natural person who purchases the products or services offered by the Site for purposes unrelated to any entrepreneurial or professional activity carried out; for the purposes of these General Conditions, it is presumed that a “Consumer Customer” is not that Customer who sends a proposal to purchase products or services while simultaneously entering his or her VAT number in the area of the Site relating to the Customer’s personal data. Articles 50 to 63 of Legislative Decree no. 206/2005 also apply to Purchase Contracts entered into by Consumer Customers . 206/2005.
7. Ligabue invites each Customer to read carefully, before making each purchase transaction, these General Conditions and, once the purchase procedure envisaged by the Website has been completed, to print them and keep a copy or save an electronic copy.
8. Ligabue may amend, at any time and without notice, the contents of the General Conditions herein. Any amendments made will take effect from the date of publication on the Website, as stated in the heading of the General Conditions themselves.
Purchase Procedure
9. The Customer may purchase the products in the electronic catalog, detailed in the home page of the Site within the respective sections by product category, as described in the relevant information sheets contained in the Site, respecting the technical access procedures illustrated therein. The publication of the products and services displayed on the Site constitutes an invitation addressed to the Customer to formulate a contractual proposal for purchase. The order sent by the Customer has the value of a contractual proposal and implies full knowledge and full acceptance of these General Conditions. The purchase of the Subscription, is understood to be automatically renewed for subsequent editions of the Product in question authorizing Fondazione “Giancarlo Ligabue” to automatically charge the cost of such Subscription through the payment method present in our systems. In the event that it is not possible to charge the cost of the Subscription on the payment methods present in our systems, the Buyer must indicate within 30 days a valid payment method, otherwise the order will be cancelled. The Purchaser may give notice of cancellation to be sent to the Company by the deadline of October 31 of the year afferent to the expiration of the Subscription, Such cancellation must be sent by registered letter with return receipt (or telegram) to “Giancarlo Ligabue” Foundation (hereinafter, “Giancarlo Ligabue Foundation”), c/o Ligabue S. p.a at Via dell’Azoto 4/M, 30175 Venezia – Marghera, or by e-mail to info@fondazioneligabue.it, or by fax to 041 27.05.661, the latter confirmed by registered A.R. letter within the following 48 hours.
10. Correct receipt of the Customer’s proposal is confirmed by Ligabue by means of an automatic reply sent to the e-mail address communicated by the Customer and only confirms the correct receipt of the proposal within the information systems. This confirmation message will indicate the expected day of shipment and a ‘Customer Order Number’, to be used in any subsequent communication with Ligabue. The message will repeat, in addition to the information required by law, all the data entered by the Customer, who undertakes to verify their correctness and promptly communicate any corrections.
11. Each order can be viewed by the Customer on the Site, in his/her personal area, immediately after the order has been sent. Until the order has been processed by Ligabue (communicated to the Customer by updating the information contained in his personal area), the Customer has the right to modify or cancel the order, exclusively through the specific access and modification functions provided in the aforesaid personal area.
12. Each Purchase Agreement entered into between Ligabue and the Customer shall be deemed concluded with Ligabue’s acceptance of the order. Ligabue has the right to accept or not, at its own discretion, the order sent by the Customer, without the latter being entitled to make claims or rights of any kind, for any reason whatsoever, including compensation, in the event of non-acceptance of the order. Ligabue’s acceptance shall be deemed tacitly released, unless otherwise communicated to the Customer within 48 hours of sending the order, by means of an e-mail message sent to the address communicated by the Customer. Following the sending of the confirmation reply by Ligabue, in the event that it is Ligabue that discovers (due to errors of a technical or formal nature) the incorrectness of the price and/or characteristics, published on the Website, of the products and services that are the subject of the Customer’s Proposal, Ligabue will expressly notify the Customer of this, inviting him/her to make a new proposal, if still interested.
13. By sending the order, in the various ways provided by the operating instructions of the Website, the Customer declares that he/she has read all the indications provided to him/her during the purchase procedure, and fully accepts the General and Payment Conditions described below.
Prices of products – delivery costs – availability of products
14. All product prices are clearly indicated on the Site and are inclusive of VAT only. They do not include any additional and different taxes, levies or duties arranged by the relevant applicable legislations, such as those provided for in connection with imports. To the extent necessary, the Customer shall therefore arrange for customs clearance of imports and payment of any duties and taxes (other than VAT) that may be due in the country of importation.
15. If a product is presented on the Site in areas other than the appropriate sections intended for product purchase transactions or otherwise without the “add to cart” icon, it shall be deemed unavailable for sale through the Site.
16. Prices and availability of products, as shown on the Site, are subject to change at any time and without prior notice, it being understood that, limited to orders being accepted or as above accepted by Ligabue, the terms and conditions of sale in force at the time the order is sent by the Customer shall apply, except for orders not accepted, as per the paragraph in point 12.
17. The Site highlights the products available for shipment. Such availability of products is not updated in real time; moreover, in view of the possible simultaneous access to the Site by many users, the actual availability of individual products may vary significantly during the same day with respect to the indications shown on the Site. Ligabue does not undertake any commitment nor does it guarantee the certainty of immediate delivery of the products purchased and indicated as available on the Website and therefore it shall in no event be liable for any delays in delivery.
18. Should the delivery time of the ordered product be delayed compared to the delivery time indicated on the Site prior to the order, Ligabue undertakes to promptly notify the Customer by means of an e-mail message to the address indicated by the Customer. Until the time of shipment by Ligabue, communicated to the Customer by updating the information contained in its personal area, the Customer has the right at any time to cancel the order or modify it, exclusively by following the specific procedures and technical functions reported in its personal area.
19. The cost of each shipment, the amount of which may vary depending on the method of delivery and payment as well as the country of destination and the total amount of the order, is added to the total price of each Purchase Agreement and is clearly indicated and communicated to the Customer, through the Site, before the conclusion of the Purchase Agreement; the aforementioned shipping cost will also be specified in the Customer’s personal area until the order is processed.
20. The visual representation of the products on the Website, where available, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment on the part of Ligabue as to the exact correspondence of the image depicted on the Website with the actual product; and this, with particular regard to its actual dimensions and/or the chromatic aspects of the covers and/or packaging. In the event of any difference between the image and the written product sheet, the description of the product sheet shall always prevail.
Payments
21. Payments in execution of Purchase Agreements entered into through the Site may be made by bank transfer, postal bulletin and/or by credit card. The Customer is required to choose, at the time of the conclusion of the Purchase Contract, the payment method chosen. The latter, once the Purchase Agreement has been finalized through Ligabue’s acceptance, cannot be changed.
Payments by credit card
22. If the Customer proceeds to purchase the products with payment of the price by credit card, the bank of reference will immediately verify the validity of the credit card, but will charge the total amount corresponding to each Purchase Agreement only when the order is “Evaded”. In such payment hypothesis, the Customer shall then have (a) the right to cancel the order (exclusively by following the specific procedures and technical functions reported in his personal area) without any reimbursement having to take place or (b) the right to add new products to the order (again in the same way as indicated above) increasing the total amount due to Ligabue spa.
23. Information relating to the purchaser’s credit card is transmitted via secure connection directly to the website of the banking institution handling the transaction. In ways that comply with applicable industry regulations, said information shall be used to proceed with payment transactions in the manner specified in the preceding paragraph.
24. Ligabue reserves the right to request at any time from the Customer additional information (e.g. landline telephone number) or the sending of copies of documents proving the ownership of the credit card used to finalize the Purchase Agreement. If the Customer fails to send the requested information or additional documentation, Ligabue reserves the right not to accept the order or to withdraw from the completed Purchase Agreement, giving simultaneous notice to the Customer at the e-mail address indicated by the Customer.
Payment by bank transfer and/or postal bulletin
25. Payments for products purchased by bank transfer and/or postal bulletin must be communicated to Ligabue by fax or email attaching a copy of the payment. If such bill is not submitted, Ligabue reserves the right not to proceed with the processing of the order.
26. Nothing more than that agreed in the Purchase Agreement shall be due by the Customer to the courier upon delivery of the products.
27. In the event of non-payment by the Customer of the agreed price, for whatever reason or cause, Ligabue will invite the Customer in writing to pay the balance and shall have the right to charge the Customer interest on arrears in an amount equal to the amount provided by law; in such a case, until such time as the Customer has regularized its debt position with Ligabue, the latter also reserves the right to cancel any subsequent deliveries of products, to terminate any existing Purchase Agreements as well as to block the purchase functions through the Website, without prejudice to compensation for any further damage.
Deliveries and Documentation
28. All deliveries of products shall be at Ligabue’s risk. The risk will transfer to the Customer upon delivery of the products to the Customer by the shipper, carrier or other agent appointed by Ligabue for delivery.
29. Ligabue may receive, through the Site, purchase orders with worldwide delivery. Shipping charges will be automatically calculated by the Site and will be viewable and knowable by the Customer prior to placing the order. They vary from country to country and for Italy they may also vary according to the method of payment chosen.
30. No responsibility, for any reason whatsoever, may be charged by the Customer to Ligabue in the event of any delay in the processing of the order or in the delivery of the products covered by the Purchase Agreements.
31. For each Purchase Contract finalized through the Website, Ligabue shall issue a delivery voucher (Ddt) or, for those Customers (non-consumers) who have and have entered their VAT number in the master data relating to the order, an invoice relating to the products to be shipped. The purchase voucher or invoice will be sent by Ligabue to the e-mail address indicated by the Customer who is the holder of the order, pursuant to art 14 D.P.R. 445/2000 and DL 52/2004. For the issuance of the invoice, the information provided by the Customer at the time of the order shall be authentic. No change in the invoice will be possible after the issuance of the same nor will it be possible to issue an invoice after the order to Customers who have not provided their VAT number at the time of the order.
32. Unless otherwise communicated to the Customer by Ligabue’s Customer Service, delivery of products is intended to be at street level. At the time of delivery of the products by the courier appointed by Ligabue, the Customer shall check (a) that the number of packages being delivered corresponds to that indicated in the transport document and (b) that the packaging is intact, undamaged or in any case altered, including the sealing materials.
33. Any damage to the packaging and / or the products or the mismatch in the number of packages or indications must be immediately contested by the Customer, putting the words “ACCEPTED WITH RESERVE” on the courier’s delivery receipt. Furthermore, the Customer undertakes to promptly report – and in any case no later than 8 (eight) days from the date of delivery – to Ligabue (by sending a message via the “Contacts” page) any and all problems concerning the physical integrity, correspondence or completeness of the products received.
34. In order to carry out the delivery of the products ordered, the presence of the Customer or of a person appointed by him/her is always required at the place indicated by him/her and on the day of scheduled delivery. In case of absence of the Customer (or his appointee), the courier will leave a notice of second delivery for the next business day and a telephone number so that a different delivery date can be agreed upon. If the second delivery attempt is also unsuccessful, the purchase order will be considered cancelled and the products will return to Ligabue’s warehouses. In the latter hypothesis, Ligabue shall reimburse the Customer, if he has paid by credit card, the price of the undelivered products in addition to the shipping cost within 5 days from the return of the products to the warehouse, and the relevant Purchase Agreement shall be considered automatically and definitively cancelled, excluding any further reciprocal claim for any reason whatsoever.
35. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible, or that cause a significant increase in the cost of delivery to be borne by Ligabue, shall entitle Ligabue to split, postpone or cancel, in whole or in part, the scheduled delivery or to terminate the Purchase Agreement. In such cases, Ligabue shall provide timely and adequate notice of its determinations to the e-mail address indicated by the Customer and the latter shall be entitled to a refund of any price already paid, excluding any further claim, for any reason whatsoever, against Ligabue.
Right of Withdrawal
36. The Consumer Customer has the right to withdraw from the Purchase Agreement for any reason whatsoever and without the need to provide explanations, subject to compliance with the procedures set out below.
37. In order to exercise the right of withdrawal, the Consumer-Customer must send a request via the “Contacts” section of the website or by registered letter with return receipt addressed to Fondazione Giancarlo Ligabue (hereinafter, “Ligabue”), with registered office in San Marco, 3319, 30124, or by e-mail to redazione.magazine@ligabue.it, or by fax to 041 27.05.616, the latter confirmed by registered letter with return receipt within the following 48 hours. The withdrawal request must be sent no later than 14 working days from the date of receipt of the products.
Due to the special nature of the product, it is not possible to withdraw from the purchase of digital products (eBooks).
38. The return must be made by the Customer, through the shipment of the products subject to withdrawal, by courier of his choice. The products must be shipped, no later than 10 working days from the date of delivery, to the following address :
Giancarlo Ligabue Foundation
San Marco, 3319
30124 VENICE (VE)
39. In order to validly exercise the aforementioned right of withdrawal, the Consumer Customer must comply with the following terms and conditions:
- • the withdrawal may also apply limited to individual products forming the subject of a single Purchase Contract, it being understood that the withdrawal applies to the product in its entirety and that is, the Consumer Customer may not exercise the withdrawal limited to a part of the individual product purchased;
• the products forming the subject of Purchase Contracts in relation to which the Consumer-Customer has exercised the right of withdrawal must be intact and will be returned in the original packaging, complete in all its parts (including packaging and any ancillary documentation);
• in compliance with the instructions received from Ligabue, the Consumer-Customer will, at its sole responsibility and care, ship and return the products to Ligabue;
• should the returned product be damaged during transport, Ligabue shall only be obliged to notify the Consumer-Customer of the incident in order to enable him to file a timely complaint against the courier chosen by him, against whom (and/or the relevant insurance company) he may claim compensation;
40. Ligabue shall not be liable in any way for damage or theft or loss of returned products; any related risk therefore remains the sole responsibility of the Consumer Customer.
41. Once the integrity of the returned product has been verified, Ligabue shall refund to the Consumer Customer the full amount paid for the products referred to in the Purchase Agreement subject to withdrawal, no later than 30 days from the return of such products. The refund will be made by transferring the amount charged to the Credit Card indicated by the Consumer Customer or by Bank Transfer, in accordance with the correlative instructions and bank details that will be indicated by the same Consumer Customer.
42. In any case of failure to comply with the conditions and procedures for the exercise of withdrawal provided for in paragraph 39.- above as well as in the event of damage to the products due to causes other than the transport of the same, the Purchase Agreement shall remain valid and effective and Ligabue shall return the unduly returned products to the sender Consumer Customer, charging the same for the related shipping costs.
Communications and Complaints
43. All communications or claims, if any, by the Customer against Ligabue in relation to the Purchase Agreements shall be addressed to the Customer Service responsible for the management of the Website, by filling in the form “present in the “Contact” area of the Website.
Intellectual Property Rights
44. All trademarks (registered or unregistered), as well as any and all works of genius, distinctive signs or names, images, photographs, written or graphic texts and, more generally, any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Website shall remain the exclusive property of Ligabue and/or its assignors, without any rights deriving to the Customer from access to the Website and/or the stipulation of the Purchase Agreements. Any use, even partial, of the same is prohibited without the prior written authorization of Ligabue, in whose favor all related rights are exclusively reserved.
Applicable Law – Jurisdiction
45. The Purchase Agreement between the Customer and Ligabue shall be deemed concluded in Italy and governed by Italian Law.
46. For any dispute, the Judicial Authority of Venice shall have exclusive jurisdiction, with the exception of disputes with Consumer Customers, which shall instead fall under the jurisdiction of the Judicial Authority of the place of residence or domicile of the Consumer Customer. Treatment of personal data (privacy)
47. For the regulation of the processing of personal data by Ligabue, please refer to the specially dedicated area of the website; which can be reached at the following address: redazione.magazine@ligabue.it
General Conditions of Supply of the “E-BOOK” Service.
48. These General Terms and Conditions for the Supply of the “E-BOOK” Service (hereinafter, the Terms of Service) have as their object the regulation of the supply of services for the withdrawal for a fee (hereinafter, the Service or, sometimes, the Download) of one or more files in digital format containing literary, dramatic, scientific, educational works of genius (hereinafter, the E-Books), carried out and made available, via the Internet network, from the site www.fondazioneligabue.it (hereinafter, the Site).
49. The Service made available by the Site is detailed on the home page of the Site within the “Terms of Sale” section.
50. All downloads of E-Books made through the Site by users accessing it (hereinafter, the Customers) are governed by these Terms of Service as well as by the other provisions and operating instructions contained in the Site. In the event of any conflict between what is set forth in the aforementioned provisions and operating instructions and what is contained in the Terms of Service, the latter shall prevail.
51. Ligabue invites each Customer to read carefully, before performing each operation of the Download procedure, these Terms of Service and save an electronic copy thereof.
Provision of the Service
52. The Customer may access the Service with respect to the E-Books in the electronic catalog, which are detailed on the home page of the Website within the respective sections, by E-Book category, as better described in the relevant information sheets contained in the Website, complying with the technical access procedures illustrated therein. The publication of the E-Books displayed on the Site constitutes an invitation addressed to the Customer to formulate a contractual proposal for the provision of the Service. The Download order sent by the Customer has the value of a contractual proposal and implies full knowledge and full acceptance of these Terms of Service.
53. Successful receipt of the Customer’s proposal is confirmed by Ligabue by means of an automatic reply sent to the web page of the Website from which the Customer operates in order to access the Service as well as by an automatic reply sent to the e-mail address communicated by the Customer. Ligabue’s response is generated automatically by the System of the Website and confirms the correct receipt of the proposal within the information systems and informs the Customer about the next steps, phase by phase, of the procedure for the provision of the Service, until the completion of the Download. The message repeats, in addition to the information required by law, all the data entered by the Customer, who undertakes to verify their correctness and enter into the Site promptly any corrections.
54. Each Download order can be viewed by the Customer on the Site, on its personal page, after about 20 seconds after the order has been sent. Until the Download order has been processed by Ligabue, the Customer has the right to modify or cancel the order, exclusively through the specific access and modification functions provided in the aforesaid personal page.
55. By sending the Download order, in the manner provided for in the operating instructions of the Website, the Customer declares that he/she has read all the indications provided to him/her during the procedure for the provision of the Service, and fully accepts the Terms of Service and payment described below.
56. Ligabue may use third party companies to manage part of the Service, such as encoding and hosting services of the E-Books.
57. Access to the Service presupposes the Customer’s availability of suitable hardware and software devices for the proper functioning of the Service. The lack (i.e., the Customer’s failure to purchase) of the aforementioned devices determines the Customer’s inability to use the Service, with no liability attributable to Ligabue. Detailed information on the hardware and software tools required to use the Service is explained on the “FAQ – Frequently Asked Questions” page of the Site.
Pricing of the Service – Availability and Storage of E-Books.
58. All prices for the Download of individual E-Books are clearly stated on the Site and are inclusive of VAT only. They do not include any additional and different fees, taxes or duties arranged by the relevant applicable legislations.
59. If an E-Book is presented on the Site in areas other than the appropriate sections intended for the purchase transactions of the Service or otherwise without the “add to cart” icon, it shall be deemed unavailable for the provision of the Service through the Site.
60. Prices and availability of E-Books, as set forth on the Site, are subject to change at any time and without notice, it being understood that, limited to orders being accepted or as above accepted by Ligabue, the terms of supply in effect at the time the order is sent by the Customer shall apply.
61. After payment of the price has been made, the Site will issue an order confirmation with a unique order number that will allow the Customer to access the E-Book Download page. Once the Download of the E-Book has been completed, the E-Book resides on the Customer’s computer like any other digital file and the Customer is only permitted to exercise the rights and faculties of use expressly authorized, for each E-Book, by the respective publisher, as indicated on the Site under “Product Sheet” for each E-Book. In any case, it is at least permitted for the Customer, for each E-Book, to view and reproduce it in digital format on another hardware medium (for the maximum number of copies established by the respective publisher).
62. The E-Books are made available to the Customer through the Service solely on the basis of a personal license to the Customer, non-transferable to third parties, the contents and limitations of which are established from time to time by the copyright holders of the E-Books themselves and for which Ligabue is not responsible.
63. The Customer further acknowledges and accepts that the Service as well as certain E-Books may be equipped with DRM (Digital Rights Management) systems involving the adoption of technologies for the protection or control of digital information, suitable for limiting, controlling or preventing certain forms of use of the E-Books or the use thereof in certain territories or for certain periods of time.
64. At the time of Downloading, the Site will send the Customer relevant information about the aforementioned restrictions on the use of the E-Books that may have been established. The Customer therefore undertakes to use the E-Books in full compliance with and in accordance with the aforesaid limitations on use as well as not to violate in any way the DRM systems as set forth above, if any.
65. Notwithstanding the foregoing, any use of the E-Books is circumscribed and limited to private use by the Customer only, excluding any commercial use. In particular, the provision of the E-Book does not transfer to the Customer any right to commercial or promotional use of the E-Books. Any potential for burning or export represents only a facilitation for the Customer and does not constitute a grant, waiver or other limitation of any rights of the copyright holders in any content incorporated in any E-Books.
66. Each E-Book may also be downloaded by the Customer multiple times if it has been lost for any reason. Once the E-Book is downloaded, it is the Customer’s responsibility not to lose, destroy or damage it and Ligabue shall not be liable to the Customer in any way if this should happen.
67. Payments against individual Downloads completed through the Site may only be made by credit card or by one of the other forms of payment indicated on the Site. The Customer is obliged to choose, at the time of the conclusion of the procedure for the provision of the Service, the chosen mode of payment. The latter, once the Download is finalized, may no longer be changed.
68. If the Customer proceeds to the provision of the Service with payment of the price by credit card, the bank of reference will immediately verify the validity of the credit card, but will charge the total amount corresponding to each Download only when the corresponding E-Book is downloaded.
69. The buyer’s credit card information is transmitted via secure connection directly to the website of the banking institution handling the transaction.
70. Ligabue reserves the right to request at any time from the Customer additional information (e.g. landline telephone number) or the sending of copies of documents proving the ownership of the credit card used to finalize the Download. If the Customer fails to send the information or further documentation requested, Ligabue reserves the right not to accept the order by simultaneously notifying the Customer at the e-mail address indicated by the latter.
Right of Withdrawal
71. The Customer does not have the right to withdraw from the Service once the Download of the E-Book has begun; from that time the Download is final.
Liability – Limitations and Exclusions
72. The Service is provided as is without warranty of any kind and its functionality is subject to the proper use of the same by the Customer.
73. Ligabue shall only be liable for delays or inefficiencies in the event of willful misconduct or gross negligence directly attributable to Ligabue.
74. Ligabue. makes no warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and perfect functioning of the Service. The entire risk arising from the use of the Service is borne by the Customer. In no event shall Ligabue be liable for any consequential, incidental, indirect, or any other damages whatsoever, including, without limitation, damages due to lost economic profit, business interruption, computer downtime damage to hardware or software, loss of information or data, or any other damages, suffered by the Customer in connection with the use, or inability to use, the Service, even if Ligabue has been advised of the possibility of the occurrence of such damages.
75. Ligabue exercises no control over the E-Books that may be made available through the use of the Service, and makes no warranty whatsoever that they are offensive, obscene, defamatory, or otherwise unlawful or infringing of third party rights. Ligabue shall in no event be held liable for any material contained in the E-Books or, even indirectly, associated with them, accessed through the Service.
Obligations of the Customer
76. The Service is provided only for explicitly authorized use and in connection with products, software, applications or any other tools of which the Customer has the right to use. In particular, the Customer, who is obligated to ensure ownership of any rights, patents, or other licenses that may be necessary to use the Service, is prohibited from: (i) modify, translate, distribute, or create derivative works from the Service; (ii) copy or redistribute the Service; (iii) remove proprietary notices or labels marking the Service; (iv) modify, decompose, or alter the Service in any way; (v) use the Service in such a manner as to accomplish infringement of the intellectual property rights of the authors and other rights-holders in the E-Books.
77. The Customer also undertakes not to use the Service in a manner contrary to netiquette, not to engage in spamming, and not to otherwise inconvenience third parties. The Customer undertakes to indemnify Ligabue against any costs, damages or prejudicial consequences arising from the use of the Service in a manner contrary to these Terms of Service.
78. Use of the Service is strictly personal and may not be intended for commercial use. It is prohibited to use the Service to in turn provide a service, or part of a service, or an application or part of an application to third parties. In particular, distribution, transmission, or making the Service available to third parties is not permitted.
79. The Customer agrees to indemnify Ligabue against any loss, damage, liability, adverse consequence or expense in any way related to claims against the Customer due to the fact that the Customer has in any way used materials or products in connection with the Service in violation of any applicable law, the rights of third parties, or the terms of these Terms of Service.
Information on additional services
80. For the purpose of informing Customers about new Services and offers, Ligabue may send informational e-mails to the Customer, if the Customer has marked the appropriate space indicated on the pages relating to the provision of the Service. If the Customer does not wish to receive such e-mails, the Customer may: (i) not mark the appropriate space; or – where the space has been marked – (ii) request to cease sending such e-mails at any time.