Terms of service

These Terms of Service (“Terms”) govern the access to and the use of the services of ILLYWORDS (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with the following Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Terms of use

1.1 You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

1.2 Users agree not to use the Services to:

• a)  Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
• b)  Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
• c)  Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
• d)  Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
• e)  Intimidate or harass another;
• f)  Use or attempt to use another’s account, service, or personal information;
• g)  Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Services;
• h)  Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
• i)  Use any means to bypass or ignore measures we use to restrict access or use of the Services;
• j)  Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
  In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Services (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Service in any manner that could disable, overburden, damage or impair such Service, or interfere with any other party’s use and enjoyment of any Service

2.3 ILLYWORDS may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2.4 You are prohibited from using the ILLYWORDS to advertise, perform or promote any commercial solicitation of good and or services.

2.5 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 us a worldwide, non-exclusive, 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 ILLYWORDS to make such Content available to other companies, organizations or individuals who partner with ILLYWORDS 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.

We 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.

2.6 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.

ILLYWORDS will not be responsible or liable for any use of your Content by ILLYWORDS 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.

2.7 All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of ILLYWORDS and its licensors. The Services are protected by copyright, trademark, and other laws of both the Italy and foreign countries. Nothing in the Terms gives you a right to use the ILLYWORDS name or any of the ILLYWORDS trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ILLYWORDS, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

3. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ILLYWORDS, its users and the public.

4. Disclaimer of Warranties and Limitation of Liability

4.1 This site is provided on an “as is” and “as available” basis.

We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. ILLYWORDS will not be responsible or liable for 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. You also agree that ILLYWORDS has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that 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 ILLYWORDS or through the Services, will create any warranty not expressly made herein.

4.2 Your access to and use of the Services or any Content is at your own risk. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we 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.

5. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. ILLYWORDS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6. Privacy

Any information that you provide to ILLYWORDS is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Italy and/or other countries for storage, processing and use by ILLYWORDS. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your ILLYWORDS account, which you may not be able to opt-out from receiving.

7. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are 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 ILLYWORDS 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.

8. Waiver and Severability

The failure of ILLYWORDS 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, the remaining provisions of these Terms will remain in full force and effect.

9. 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 Court of Trieste

10 Entire Agreement

These Terms, the ILLYWORDS Rules and our Privacy Policy are the entire and exclusive agreement between ILLYWORDS and you regarding the Services (excluding any services for which you have a separate agreement with ILLYWORDS that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ILLYWORDS and you regarding the Services.

These Services are operated and provided by ILLYCAFFE’ spa con unico socio, Via Flavia 110, 34147 Trieste Italy