Terms of Service
1. Basic Terms.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. To reduce the likelihood others will steal your password, Beretta encourages you to use passwords that use a combination of upper and lower case letters, numbers and symbols. Beretta cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
4. Content on the Services.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Beretta may not monitor or control the Content posted via the Services and cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. Beretta does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Beretta be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Your Rights.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant Beretta a worldwide, non-exclusive, non-cancellable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for Beretta to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Beretta for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Beretta, or other companies, organizations or individuals who partner with Beretta, will be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. Beretta may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Beretta will not be responsible or liable for any use of your Content by Beretta in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
6. Your License To Use the Services.
Beretta gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Beretta as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Beretta, in the manner permitted by these Terms. Although Beretta intends to offer the Service for free, Beretta reserves the right to charge a fee for premium and/or regular services. If Beretta seeks a fee for the Service, the user will have the right to refuse payment by cancelling the user's subscription to that aspect of the Service for which a fee is requested. The payment may require the communication of some data strictly necessary to external suppliers appointed to process the payment. The user understands and accepts that Beretta will not be held responsible for the availability and effectiveness of these payment systems, nor for any consequences deriving from the failure to activate a service due to non-payment, even in the event that this does not depend on the will of the User.
7. Beretta Rights.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Beretta and its licensors. The Services are protected by copyright, trademark, and other laws of both Italy and foreign countries. Nothing in the Terms gives you a right to use the names Shooting Data and/or Beretta or any of the Beretta trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Beretta or the Services is entirely voluntary and Beretta will be free to use such feedback, comments or suggestions as Beretta sees fit and without any obligation to you.
8. Restrictions on Content and Use of the Services.
Beretta reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. Beretta also reserves the right to access, read, preserve, and disclose any information as Beretta reasonably believes is necessary to:
<![if !supportLists]> i. <![endif]>satisfy any applicable law, regulation, legal process or governmental request
<![if !supportLists]>ii. <![endif]>enforce the Terms, including investigation of potential violations hereof
<![if !supportLists]>iii. <![endif]>detect, prevent, or otherwise address fraud, security or technical issues
<![if !supportLists]>iv. <![endif]>respond to user support requests, or
<![if !supportLists]> v. <![endif]>protect the rights, property or safety of Beretta, its users and the public.
You agree that you will not submit any content that is:
<![if !supportLists]> i. <![endif]>defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person
<![if !supportLists]>ii. <![endif]>bigoted, hateful, or racially or otherwise offensive
<![if !supportLists]>iii. <![endif]>obscene, pornographic or otherwise sexually explicit
<![if !supportLists]>iv. <![endif]>illegal or encourages or advocates illegal activity.
You may not do any of the following while accessing or using the Services:
<![if !supportLists]> i. <![endif]>access, tamper with, or use non-public areas of the Services, Beretta’s computer systems, or the technical delivery systems of Beretta’s providers;
<![if !supportLists]>ii. <![endif]>probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
<![if !supportLists]>iii. <![endif]>access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Beretta (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Beretta (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Beretta is expressly prohibited);
<![if !supportLists]>iv. <![endif]>forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
<![if !supportLists]> v. <![endif]>interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Copyright and Trademark Policy.
Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Your use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Beretta Trademarks and/or the Third-Party Trademarks may not be used to disparage Beretta and/or any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Beretta or in the Third-Party Trademarks.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Fabbrica d’Armi Pietro Beretta c.a.: Copyright Agent Via P. Beretta, 18 – P.O. BOX 160 25063 Gardone Val Trompia (BS) – Italy E-mail: email@example.com
10. Ending These Terms of Service.
The Terms of Service will continue to apply until terminated by either you or Beretta as follows. You may end your legal agreement with Beretta at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Beretta when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe:
<![if !supportLists]> i. <![endif]>you have violated these Terms
<![if !supportLists]>ii. <![endif]>you create risk or possible legal exposure for us; or
<![if !supportLists]>iii. <![endif]>our provision of the Services to you is no longer commercially viable.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this section shall affect Beretta’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
11. Esclusioni e limitazioni di responsabilità.
Please read this section carefully since it limits the liability of Beretta and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available "AS-IS". Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, BERETTA DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Beretta makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Beretta or through the Services, will create any warranty not expressly made herein.
B. Links. The Services may contain links to third-party websites or resources. You acknowledge and agree that Beretta is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Beretta of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERETTA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BERETTA EXCEED THE LOWER OF FIFTY EUROS (EUR €50.00) OR THE AMOUNT YOU PAID BERETTA, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT BERETTA HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
12. Disposizioni varie.
A. Waiver and Severability. The failure of Beretta to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction. These Terms and any action related thereto will be governed by the laws of Italy without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the court of Brescia (Italy), and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.