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Terms and conditions of service

I.  Definitions

Content:   All of the content or material featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio/video recordings, multimedia combinations, and programs for computers or other electronic devices, including web-based programs, owned or licensed by the emakers.

Link:   A HTML link which connects to a different document, resource or material availabel on this Site or on different site the emakers neither owns nor controls.

Site:   This site identified by the URL: http://www.theemakers.com .

Terms:   THE TERMS AND CONDITIONS OF SERVICE governing your use of the Site, which are described in this page or other Site's pages.

II.  Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND the emakers governing your use of this site www.theemakers.com (the "Site").
Please review the Terms fully before you continue to use the Site, and review our Privacy Policy, which also governs your use of the Site, to understand our practices.
You shall also be subject to any additional terms posted with respect to individual sections of the Site.

Your continued access or use of the Site indicates your full acceptance of the Privacy Policy and of these Terms and additional Terms described in other Site's pages.

It is your responsibility to review the Privacy Policy and the Terms regularly. Your use and browsing of the Site is at your risk.
If you do not agree with the Privacy Policy or these Terms, if you are dissatisfied with any of the materials contained in the site www.theemakers.com, with the quality of service or Content it provides, your sole and exclusive remedy is to discontinue accessing and using the Site.

III.  Changes In Terms and Conditions, and Site Content and Services

We may modify or terminate our Contents or services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify the Privacy Policy and these Terms from time to time without notice. Please review both the Privacy Policy and these Terms from time to time so that you will be apprised of any changes.

IV.  Intellectual Property Issues

The Site is owned by the emakers.

a. All of the Content featured or displayed on the Site, is owned or licensed by the emakers.

b. Some of advertisements for third-party entities are not considered Content for the purposes of this Section. However, these advertisements are owned or licensed by their respective third-party entities and are subject to protections similar to those set forth in these Terms of Service.

Pursuant to the copyright and trademark laws, you agree with:

1. That you may only download Content that the emakers designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.

2. To not reproduce, distribute, modify, translate to other language, re-post on another site (regardless of the server on which the Content is stored and of its location ), or sell any Content without specific written authorization from the emakers, unless such use is pursuant to Section V of this agreement (Educational Use of Content).

3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.

4. To refrain from framing or mirroring any portion of the Site.

5. To link to the Site only in accordance with our Terms for linking to the Site.

6. That by posting or submitting any text or other materials to the Site you grant the emakers a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission, to reproduce, distribute, modify, translate to other language, and make the material available in electronic or different format, on any kind of already existing or future device. Moreover, you accept to free the emakers from any sort of payment, responsability, obligation such materials are bound to .

7. Notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide the emakers' designated agent the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b. A description of the copyrighted work that you claim has been infringed;

c. A description of where the material that you claim is infringing is located on the site;

d. Your address, telephone number, and e-mail address;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

the emakers' designated agent for notice of claims of copyright infringement on the Site can be reached as follows:

By Mail:

Ufficio Reclami
the emakers
Via Delle Peschiere, 21 M
21022 Azzate
Italia

By phone: +39 0332 459618

By e-mail: copyclaims@theemakers.com

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE ON THE SITE.

This Agreement does not grant you any right on the Content, other material or services of the Site.

V.  Educational Use of Content

 With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the user's particular educational institution and may under no circumstances be used for commercial purposes. The authorization for Educational Use of Content is valid only if, and provided that, the usage of the content downloaded IS NOT unlawful, threatening, offensive, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, it DOES NOT encourage criminal conduct, it DOES NOT give rise to civil liability, and it DOES NOT CAUSE ANY SORT OF DAMAGE to the emakers ot any other third part entity.
However, the Educational Use of Content can be considered authorized only if a written notice for this reason is sent to the emakers:
By Mail:

Ufficio Pubbliche Relazioni
the emakers
Via Delle Peschiere, 21 M
21022 Azzate
Italia

By e-mail:

pr@theemakers.com

The notice must contain:

a. The address, telephone number, and e-mail address of who desires download the Content for educational purposes;

b. A statement from who desire download the Content and make Use for educational purposes of it;

c. The list of Content that will be downloaded to be used for educational purposes.

Content used for any purpose must always maintain unaltered copyright and other proprietary notices.
Content must always maintain unaltered and may not be translated to other language, re-posted, framed, mirrored on any other Web sites, computer networks, or whatever else electronic device (mobile, camera, etc.) or electronic device networks, regardless of educational use.

VI.  Disclaimer of Warranties

the emakers disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material available on the Site. the emakers disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. the emakers disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site through the Site SERVICES.
THE Site Content, AND ALL MATERIALS, INFORMATION, PRODUCTS AND Content AND SERVICES INCLUDED IN THE Site Content AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. the emakers AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. the emakers AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Site Content AND SERVICES. the emakers AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE Site Content AND SERVICES. the emakers AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR Content, SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Site Content OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Site Content AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Site Content AND SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN Content, MATERIAL OR DATA THROUGH THE USE OF THE Site Content AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH Content, MATERIAL, DATA AND SERVICE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

VII.  Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL the emakers OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE Site Content OR SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF the emakers OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Site Content OR SERVICES, FROM INABILITY TO USE THE Site Content OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Site Content OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER Content OR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Site Content OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Site Content OR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Site Content OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Site Content OR SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Site Content OR SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Site Content OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall the emakers or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

You acknowledge that due to the immediate nature of this medium, the emakers does not review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. the emakers will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.

VIII.  User Conduct

All users shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, which encourages criminal conduct, that may give rise to civil liability, infringe the emakers' or third part entities' rights, can CAUSE ANY SORT OF DAMAGE to the emakers or any other third part entity, You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by the emakers to do so.

Conduct by any user that, at the discretion of the emakers, restricts or inhibits any other user from using or enjoying the Site will not be permitted. the emakers reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of Italy or of another state.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, the emakers RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to assume full and sole responsibility for any postings you make to the Site.

IX.  Indemnification

You agree to indemnify, defend, and hold harmless the emakers; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any infringement of these Terms.

X.  Terms for linking to the Site

Please review the Terms for linking to the Site fully before you accept these Terms.

XI.  Miscellaneous

These Terms of Service will be governed by and construed in accordance with the Italian Laws and Jurisdiction, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by the emakers.

Copyright © 2006-2017 the emakers. All rights reserved.