Terms of use

Welcome to the Powersoft’s website (“Site”).

These terms of use define the legal framework governing access to and use of the Site, so please read them carefully. By accessing the Site, you indicate that you accept the terms of use and that you agree to be bound automatically by these terms of use as well as their amendments in force at the time of your access to the Site. If you do not agree to the terms of use, please refrain from using the Site.

These terms of use do not alter nor modify any other agreement you might have with Powersoft S.p.A. or its subsidiaries or affiliates (“Powersoft“).

1. Use of the Site

Subject to your full compliance with these terms of use, Powersoft grants you a personal, non-exclusive, non-transferable, free of charge and revocable right of access to and use of the Site. Any other rights are expressly excluded except otherwise provided in a specific written agreement.

Access to the Site is permitted on a temporary basis and Powersoft reserves the right to withdraw or amend the Site at any time and in its sole discretion, including, without limitation, the right to delete and/or modify any terms of use and/or any elements, features and functions of the Site.

In the event Powersoft considers that your use of the Site is unlawful and/or unauthorized and/or violates these terms of use, Powersoft reserves the right to undertake any procedure it deems necessary, including to terminate these terms of use and to take any legal action.

2. Intellectual Property Rights

Powerosft is the sole and exclusive owner or licensee of all intellectual property rights hosted on the Site and in material published on it, including, without limitation, patents, know-how, trademarks, logos, software, hardware, applications, algorithms, models, data bases or similar, and materials such as documents, papers, photographs, graphics, illustrations, videos, text, software, design, pictures (“Materials”) protected by copyright.

Unless expressly authorized, you shall not use Powersoft trademarks, logos, Materials and/or other proprietary information contained on the Site without Powersoft’s express written consent.

Your access to and use of the Site and its content does not grant you any rights to Powersoft’s intellectual property or the intellectual property of third parties related to the Materials.

Other than as expressly permitted in these terms of use, none of the Materials may be copied, reproduced, distributed, downloaded, recorded, posted or communicate, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written authorization of Powersoft.

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Powersoft or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. No part of this Site may be made available as part of another website whether by hyperlink framing on the internet or otherwise. This Site and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Site or its content.

Any unauthorized use, reproduction and modification is prohibited. All infringers can be sued civilly and be prosecuted to the fullest extent of any applicable law.

3. Social Media

Powersoft is currently present on the most important social media sites (e.g. LinkedIn, Facebook, Instagram, YouTube). By using any of them you agree to comply with any other applicable platform specific terms of use.

Powersoft and its subsidiaries or affiliates, successors, assignees, employees, agents, directors, officers and shareholders do not assume any responsibility or liability for third party content posted or appearing on these sites, including but not limited to content and links posted by users. Powersoft and its subsidiaries or affiliates, successors, assignees, employees, agents, directors, officers and shareholders do not control nor assume any responsibility or liability for third party content and do not make any representation regarding the accuracy and completeness of content, information, opinions, claims, or advice.

You are responsible for all contributions you make on the social media sites.

You agree that your contributions must not:

  • be inappropriate, offensive, abusive, defamatory, racist, hateful, sexist, obscene, homophobic, inflammatory or irrelevant to the topics being discussed;
  • be indecent, sexually explicit or pornographic;
  • be false, inaccurate, misleading or based on rumours;
  • be excessively repetitive or constitute ‘spam’;
  • be threatening;
  • be unlawful;
  • reveal the personal information of any other person;
  • infringe any Powersoft’s and/or third party’s intellectual property rights (such as copyright, database rights, trade secrets, confidential information or trademarks);
  • impersonate any other person.

Powersoft reserves the right to block or remove contributions (communications, postings and/or other materials) at any time.

Powersoft reserves the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the social media sites constitutes a violation of any applicable law or any Authority it is required by any applicable law.

4. External Use of Powersoft’s Site Content

Except as expressly prohibited on the Site, you are permitted to take and use photos published on the Multimedia of Powersoft, in order to be used by member of press, academia, and no-profits organizations only for no-commercial and informational use, provided that (i) no documents or related graphics on the Site are modified in any way; (ii) no graphics on the Site are used separately from the corresponding text; (iii) Powersoft’s copyright and trade mark notices and this permission notice appear in all copies. Powersoft periodically adds, changes, improves or updates the Material without notice. However, under no circumstances Powersoft or any of its subsidiaries shall be liable for any loss, damage, liability or expense incurred or suffered which is claimed to have resulted from the use of photos, videos, and articles altered by you, or used with the purpose to denigrate, libel or slander Powersoft its directors, officers and employees.

5. Links to Third-Party Websites

The Site may provide links to websites operated by parties other than Powersoft. These links are provided for your ease of reference and information only. You understand and accept that Powersoft has no control over such websites and that, as a mere third party, Powersoft is not in any way responsible for (i) the availability or any content, accuracy, quality, advertising, products, services or other materials on or available from such services that may be linked to Powersoft Site, or (ii) the data protection regulation applied to such websites.

The products and services offered on websites operated by parties other than Powersoft can not be considered in any way sponsored, shared or supported by Powersoft.

Powersoft’s inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators.

You further acknowledge and agree that Powersoft shall not be responsible or liable, directly or indirectly, of any loss or damage which you may suffer by using those websites.

Powersoft is not responsible for hypertext links from any and all third party websites to the Site.

6. Security and Data Protection

Powersoft processes information about you in accordance with its privacy statement. You must read Powersoft privacy policy and cookie policy which contain important information about the use of your personal data, other information regarding your privacy and our security processes and policies and which forms part of these terms of use.

7. Liability and disclaimers

Powersoft does not guarantee, represent or warrant that your use of the Site will be uninterrupted or error-free. Powersoft shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Powersoft’s control.

All content of the Site is provided on an “as is” and “as available” basis for your information purposes only. Powersoft does not make any representation and/or warranty, or make any promise (whether express or implied) in respect to the Site or its content. Powersoft may make changes to the Material on the Site or to the products and any prices described in it, at any time without notice. The Material on the Site may be out of date, and Powersoft makes no commitment to update such Material.

Powersoft disclaims all liability and responsibility arising from any reliance placed on such materials by you or any visitor to the Site or by anyone who may be informed of any of its contents.

You expressly agree that any decision or action taken by you on the basis of information provided on or via the Site are at your sole discretion and risk.

Under no circumstances, including, but not limited to, negligence, Powersoft and/or any of its subsidiaries or affiliates, successors, assignees, employees, agents, directors, officers and shareholders shall be liable for any direct, indirect, incidental, special or consequential loss or damage arising from or otherwise in connection with the Site, any websites linked to it and any information or materials posted on it.

If anyone brings a claim against Powersoft related to your actions or contributions, you will indemnify and hold Powersoft harmless from and against all damages, losses, and expenses of any kind (including legal fees and costs) related to such claim.

You also understand and agree that Powersoft and/or any of its subsidiaries or affiliates, successors, assignees, employees, agents, directors, officers and shareholders shall not be liable for any direct, indirect, incidental, special, consequential, or any other damages relating to or resulting from your inability to access or use the Site for any reason or any failure, error, omission, interruption, defect, delay, computer viruses.

8. Governing Law and Jurisdiction

These terms of use are governed by and construed in accordance with the laws of Italy.

You irrevocably consent to the exclusive jurisdiction of the competent court located in Florence, (Italy) for any dispute connected with or related to this terms of use, with the exclusion of any other jurisdiction.

9. Miscellaneous

These terms of use form the entire agreement between you and Powersoft with respect to the subject matter hereof and supersedes the terms of any other communications or advertising with respect to the Site.

If any provision of these terms of use is found by a court or a regulatory body to be invalid or unenforceable the other provisions shall continue to apply.

Failure by any party to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.

Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against Powersoft.