Legal Notes

LEGAL NOTES AND TERMS OF USE OF THE WEBSITE

Legal notes

Fondazione Bracco
Registered office – Via Cino del Duca 8 – 20122 Milan
Tax Code 97432950158
VAT number 07328950964

Terms of use of the website 

The following document contains information on rights, duties and access and use of this website and/or its services.

1. MANAGER OF THE WEBSITE

This website is managed by Bracco Foundation, whose data are given in the section “Legal Notes” (hereinafter referred to as “Bracco Foundation” or “Site manager”).

2. WEBSITE ACCESS AND USAGE

By accessing this website and/or the contents present as services, including consultation, data download, posting or uploading to the site or other uses of the site and its content as a registered user or unregistered visitor, you undertake to respect these Conditions and all applicable legal provisions on copyright, data and information security, personal data protection and civil and/or criminal responsibility.

3. REGISTRATION AS WEBSITE USER 

Users who intend to register for areas, sections or particular services on the website undertake to supply only information regarding themselves that is complete, current and truthful. The user also undertakes to communicate in good time to Bracco Foundation any variation in the data concerning the registration. Bracco Foundation reserves the right to verify the accuracy of the data provided and may refuse the user access to the website and/or to any of its resources, services or content. 
If to access this website or part of it a login is effected, the user undertakes at the end of the session to use the log off option to close it. Bracco Foundation reserves the right to “logoff” any users whose account, following login, remains in stand by for a significant period of time unchallengeably decided by the Foundation.

4. PASSWORD AND ACCOUNT DATA SUPPLIED BY BRACCO FOUNDATION 

The user is responsible for maintaining the secrecy of his password and other account data and of his account activities. Any unauthorised use of the user account or other security breaches must be immediately communicated to Bracco Foundation by email to info@fondazionebracco.com or by ordinary mail to the following address: Bracco Foundation, via Cino del Duca 8, 20122, Milan, Italy. 

5. VARIATIONS IN THE WEBSITE AND IN THESE CONDITIONS

The manager of the site, also through authorised third parties, reserves the right to make, with or without prior warning, modifications or improvements to the services, contents and any other information relating to the website, including these conditions of use. Bracco Foundation thus advises regular control of the website and its terms of use. 

6. PERMITTED AND FORBIDDEN USE OF THIS WEBSITE

Access to this website and its use, including viewing, copying, downloading of data, graphics, images, photographs, drawings, descriptions, information and text, video, audio, publications, utilities, software (including applets), and the content of all newsletters sent by email or similar communications as transmitted by Bracco Foundation (or in the name of Bracco Foundation), is prohibited if not explicitly consented by these Conditions. 
Bracco foundation grants the user limited authorisation for access to this website and its content and for personal, non-commercial use of them only for the purposes defined in this website, so long as authors rights are respected. Any other use of the website is prohibited, including use for purposes other than those mentioned above, and also modifications, distribution, transmission and downloading of the website (with the exception of page-caching), republication or reverse engineering, without the previous consent in writing of the site manager (unless such a prohibition is excluded by applicable law). Authorisation to use the website does not include authorisation to re-sell, commercial use or distribution of the contents of the website, the collection and use of any material or attachment contained in the site, or derivative use of this website or its content (including framing), the downloading or copying of information to the advantage of third parties, any use of data mining, robots or similar tools for the collection and extraction of data, any use of the contents of the website in another website, server or computer environment connected to the Internet, or use of the content of the website that suggests a connection with services of Bracco Foundation not explicitly agreed in writing between the parties. 
The user may not use this website or its services in a way that infringes the sense of these terms of use or any applicable law or regulation, or that causes or may cause damage, interruption or limitation to the website or its services. 
It is forbidden to attempt to access without authorisation any part of this website or accounts of other users or networks or computer systems connected to this website, in any form (hacking, password mining or other). The user may not gather or attempt to gather information and personal data referring to third parties through this website.

7. AUTHORS RIGHTS RELATING TO THE CONTENT OF THIS WEBSITE

The contents of the website, including their selection and arrangement, are the property of Bracco Foundation and/or of their content and technologies provider and/or of third parties who have conceded the use of such content to Bracco Foundation and is protected by the relevant laws, including that relating to authors rights. 
The limited authorisation to use the contents of the website (for the purposes mentioned above) is explicitly linked to the recognition, respect and protection by the user of any note referring to authors rights, registered trademark or other right protecting the contents of the website. The user acquires no property rights to the email addresses, URL or other personal identification assigned or chosen to access the services available on this website. The limited rights of the user concerning the use of such addresses/identification maintained their validity only for as long as the registration/account for access to this website or its respective services remains valid. At the end of the period of validity, Bracco Foundation will be free at its discretion to use or assigned to another user the address/identification. The use or unauthorised copying of the contents of the website or use of the contents of the website contrary to these conditions may lead to the violation of authors rights, registered marks or provisions of civil or criminal law. The user is forbidden to use any content of the website (or any content available through this website) in a way that infringes authors rights, registered marks or other rights. 
Bracco Foundation reserves the right to take action against those who make unauthorised use of the site or violate these usage conditions.

8. REGISTERED MARKS

“Bracco Foundation” is the registered mark. The mark, the logo, the Internet address, the name of projects and derived activities that describe activities, initiatives or services of Bracco Foundation are registered marks and/or property of Bracco Foundation. Every list of marks registered by Bracco Foundation (or others) published on this website is regularly checked and updated, but may not be considered exhaustive or as containing all the marks registered by Bracco Foundation (or others). It is strictly prohibited to use marks of Bracco Foundation or to modify them (without explicit written authorisation from Bracco Foundation). Other names of bodies, institutions, companies or products used in this website may be marks registered by their respective owners. 

9. USER CONTENT THAT IS PROHIBITED OR SUBJECT TO LIMITATIONS

Bracco Foundation prohibits the transmission, distribution, publication, uploading, posting, presentation, common use or saving through or by the use of this website of content that is offensive or in any case held to be inadmissible by Bracco Foundation. These kinds of communication include those with pornographic, blasphemous, sexist, homophobic, defamatory, fraudulent, vulgar, obscene or offensive content, and affronts and insults of an ethnic, racial or religious character, incitement to acts that are violent, motivated by hate, illegal behaviour, illustrations of maltreatment of minors, minors in lascivious poses and child pornography, advertising, market research and prize competitions or other material that could give rise to civil or criminal consequences. 
Bracco Foundation forbids the uploading or use of contents of the website or the transmission of user content whose primary all subordinate purpose or effect is the sale, distribution or promotion of firearms, arms or drugs, so-called Make-Money-Fast systems (promises of winnings), pyramid or chain letters, fraudulent or criminal offers, the registration of an email address other than one’s own, actions that disturb auctions or markets (including publicly quoted stock markets), threats or disturbance to others, the disturbance of discussions for the creation of a false identity to deceive others, the transmission of sexual offers by minors, on behalf of minors or directed at them, racist declarations and comments, the imitation of another person or the claim to a relationship with a physical or juridical person. Bracco Foundation reserves the right (without assuming any obligation) to limit or council user access to the related contents of the website and/or user content and/or to transmit the user contents in question to the competent Authorities, if there has been or is suspected to have been an uploading of user content that breaches these Terms of use (or other applicable regulations or terms) or other conditions or regulations, without the need for the formal introduction or demonstration of a legal action or appeal.

10.LIMITATION OF RESPONSIBILITY – USER CONTENT AND USE OF THE WEBSITE 

Material, information and opinions expressed do not necessarily represent those of the Bracco Foundation. All user content is to be considered solely as the expression of an opinion and not as a statement of fact. All user content and/or services received or used by you, or transmitted by you using the website, including the use of forums, are at your sole discretion and are subject solely to the exclusions and limitations of responsibility in these Conditions. 
In the context of the definitions of law concerning authors rights, defamation, protection of personal data or other matters, Bracco Foundation excludes any responsibility in relation to any user content, including responsibility for any errors, viruses, deformation, written insults, obscenity or inexactness that may be contained in user content or in relation to any user content that may be illegal or to any other user content. Bracco Foundation is not responsible for any unauthorised access to the account of the user, or for the automatic forwarding of communications and/or viruses (caused by a virus or other cause) to persons whose data have been transmitted by a user to be inserted in his online address book available on this website. The limitations and exclusions of responsibility in these Conditions are applied independently of the fact that responsibility is claimed on the basis of contractual law, civil law (including negligence and defamation), responsibility independent of damage or other legal basis.

11. NO GUARANTEE – SITE CONTENTS AND SERVICES 

All contents and services of the website are made available with an “as they are” and “as available” formula; Bracco Foundation also excludes – with the widest extension allowed by current law – any guarantee or assurance of any kind (“guarantees”), both explicit or implicitly agreed, on the contents and services of the website, including guarantees relating to negotiate ability, satisfactory quality, attitude for a given aim and non-infringement of the rights of protection of the intellectual property of third parties. Bracco Foundation does not assure the adequacy and accessibility of the website, or its availability for use in any location or its being free from viruses. Those who access this website and use the services or content of the website are responsible for respecting all the applicable laws and provisions, including all applicable national or local laws. Bracco Foundation controls the accuracy, reliability and up-to-dateness of all website contents, including information on (any) activities, projects, services, materials and descriptions received from third parties, however it does not offer any guarantee of the correctness of any declaration contained in the website. All material, services, information and documents contained in this website or to which reference is made may no longer be up-to-date. Bracco Foundation undertakes, as far as possible, to update the contents of the website, but offers no guarantee of this. Bracco Foundation excludes any guarantee your responsibility for any errors or omissions in the website contents. Any decision taken on the basis of information included in the website contents (or in user contents) is the sole responsibility of the user. Bracco Foundation does not guarantee that the services and functions of this website or interactions of other kinds through this website are available constantly, without interruption, in a safe manner and exempt from errors, nor that all errors will be eliminated or that this website, or the server that hosts it, are exempt from viruses or damaging components. Bracco Foundation offers no guarantee and assumes no responsibility for damage of any kind or viruses that could damage the computer of the user as a result of his access to or use of this website, also including, where expressly allowed by Bracco Foundation, the downloading of images, software or other content of the website. If the contents of the website make necessary repairs, assistance or the correction of equipment or data, these costs will be the responsibility of the user.

12. EXCLUSION OF RESPONSIBILITY WITH REFERENCE TO THE WEBSITE CONTENTS 

Bracco Foundation and the persons who participate in the development, production, hosting or supply of content for the website, are not responsible for direct, indirect, concrete, temporary or consequent damage or damage that involves compensation, including damage from loss of data, interruption of activity or resultant loss of time or for damage of any kind (including damage caused by negligence or other infractions) caused by the use of the contents of the website or by incapacity to use it, even if Bracco Foundation or its representative has been informed of the possibility of such damage. The exclusion of responsibility in this paragraph is applied in the limits allowed by current and applicable regulations.

13. PERSONAL DATA, DATA PROTECTION AND COOKIES

As concerns the treatment of personal data, refer to the website Privacy Policy.

14. INDEMNIFICATION

Within the limits of the methods laid down by current legislation, the user exonerates Bracco Foundation and its employees, administrators, councillors, members of governance, representatives, collaborators and service providers from responsibility and indemnity with reference to losses, costs, proceedings, damage, expenses (including legal expenses and costs of a reasonable amount) or claims of guarantee of any kind deriving from the claims of third parties for failure to respect any prohibition or limitation referred to the activities of users of this website as described in these Conditions. 
With no intention to limit the general character of the above exoneration, the user exonerates, indemnifies and holds harmless Bracco Foundation and its employees, administrators, councillors, members of governance, representatives, collaborators and service providers with reference to any claim, pretended responsibility, cost, expense, legal action and claim for damage compensation (for direct, indirect or consequential damage) of any kind, independently of the fact that these be known, supposed, detected or otherwise, and deriving from or in any way connected to any user content that is prohibited or subject to limitations uploaded by the user, or any use by a user of this website (including use that is prohibited or subject to the limitations of the website by the user).

15. HYPERTEXT LINKS TO AND FROM THIS WEBSITE 

The user undertakes to ask and receive the written authorisation of Bracco Foundation before creating a link to this website. So-called “deep linking” is strictly prohibited. All links must lead to the homepage of the website, must make clear that this website and its contents are to be considered separate from the site containing the link and must also underlined that this website is owned and run by Bracco Foundation. Bracco Foundation or third parties (authorised as above) may supply Hypertext links for other sites or Internet resources. The inclusion of such links does not imply the approval by Bracco Foundation of the contents of external websites. Bracco Foundation urges the user to apply the maximum care in using this website or others external to it. Some websites can contain information that may be judged inadequate or unpleasant. External websites can transmit their cookies to the user, read his data and/or solicit the supply of data and personal and sensitive information. Bracco Foundation has, as far as possible, verified the correctness and reliability of information contained in websites or external resources connected through links to this website or which are accessed through this website or which contain links for the website or sites of Bracco Foundation, but cannot be held responsible for the contents, advertising, products, services or other materials available on such resources or external websites. Bracco Foundation provides no guarantee or assurance concerning the security of any information asked to be transmitted to third parties by the user, and the user renounces any claim against Bracco Foundation with reference to matters of this kind.

16. MISCELLANEOUS

Should individual provisions of these Conditions be held to be inapplicable, the inapplicable probation will be replaced by a valid and applicable one as close as possible to the meaning of the original provision. This does not affect in any way the validity and applicability of the remaining provisions. Without prejudice to the exclusions and limitations of responsibility contained in these Conditions, a person may not make any claim or take legal action against Bracco Foundation with regard to this website or in connection to it, unless this claim or legal action is communicated in writing to Bracco Foundation within one (1) year from the date of the insurgence of the reasons for the legal action. Collaborators and representatives of Bracco Foundation are not authorised to modify these Conditions. 
Any declarations by third parties in the name of Bracco Foundation will not be considered as modifications of these Conditions or as declarations that are authorised and juridically binding with relation to this website or to the type and quality of the services and products presented or other contents of the website.