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KPI6.com Terms & Conditions

Users of the Services offered by KPI6.com acknowledge and accept these terms and conditions.

Owner of KPI6.com & relative services

KPI6.com Srl
Via P. Togliatti, 5/C
42049 – Rubiera (RE)
Italy

Owner contact email: info@kpi6.com

Information about KPI6

KPI6.com provides for a technical solution that allows Users to perform accurate analyses on their potential and current audience.

Introduction

This document

This document is a legal agreement between you, the User, and the entity providing KPI6.com. It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages KPI6.com as outlined in the present document. “KPI6.com” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this agreement

In order to use KPI6.com, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Content on KPI6.com and prohibited use of KPI6.com

Content available on KPI6.com

The content available on KPI6.com is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User’s device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on KPI6.com, nor allow any third party to do so through the User or its device, even without User’s knowledge. Where explicitly stated on KPI6.com, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through KPI6.com, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on KPI6.com. The Owner is not responsible for the content provided by third parties or for its availability.

KPI6.com may use for the purpose of the provision of the Service, third-party content. In this regard, the User shall not:

use any third-party content (in aggregate form or otherwise) in connection with any online advertising network, advertising exchange, or data broker
remove or alter any proprietary notices, copyright notices or marks from the third-party content or
display any third-party content in such a way that may create a false or misleading impression as to the origin or interpretation of it.
The User shall defend, indemnify and hold harmless KPI6.com from any claims arising as a result of User’s misure of the third-party content or of the breach of third parties terms of service, rules and policies.

In case of breach of the rules set forth in the present paragraph, the Owner reserves the right, at its own sole discretion, to immediately block the User’s access to the third-party content.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through KPI6.com, that they upload and post on or through KPI6.com, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:

  • other Users file complaints;
  • a notice of infringement of intellectual property rights is received;
  • it is decided to do so in view of, or as a result of, legal actions;
  • said action is solicited by a public authority; or
  • if it is believed that the content, while being accessible via KPI6.com, may put at risk the Users, third parties, the availability of the Service and/or the Owner.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain KPI6.com.

Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through KPI6.com, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

Services provided by third parties

Users may use third-party services or content included in KPI6.com, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on KPI6.com or any portion of it;
  • circumvent any technology used by KPI6.com or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through KPI6.com;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of KPI6.com or its content;
  • rent, lease or sublicense KPI6.com;
  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • misappropriate any account in use by another User;
  • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through KPI6.com in any way;
  • use KPI6.com in any other improper manner that violates the Terms.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on KPI6.com or any portion of it;
  • circumvent any technology used by KPI6.com or its licensors to protect content accessible via it;
  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through KPI6.com;
  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of KPI6.com or its content;
  • rent, lease or sublicense KPI6.com;
  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • misappropriate any account in use by another User;
  • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through KPI6.com in any way;
  • use KPI6.com in any other improper manner that violates the Terms.

Terms & Conditions of Sale

Purchase

Paid services

Kpi6.com provides for additional services or subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of KPI6.com.

Trial period

In the event that KPI6.com offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by KPI6.com. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.

Recurring subscription

Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

Automatic renewal

Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for an equal period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then KPI6.com may be forced to cancel their subscription when it runs out.

Methods of payment

Kpi6.com uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.

Any declined payment costs shall be borne by the User.

Right of withdrawal

Right of withdrawal

Users who have purchased one or more Services and qualify as a consumer, have the right to withdraw from the contract within 14 (fourteen) days from the date of contract conclusion without giving any reason. For the purpose of exercising the right of withdrawal, the User is obliged to inform the Owner, without any formality, of the decision to withdraw by sending an unequivocal statement to the address set out in this document. For this purpose, the User may use the withdrawal form provided at the bottom of this Agreement.

Effects of the exercise of the right of withdrawal

Any reimbursable amount will be returned by the Owner without undue delay, and in any event within 14 days of the notification of withdrawal by the User, using the same means of payment used by the User for the initial transaction, unless the User has expressly otherwise agreed.

Applicability of the right of withdrawal

The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.

Limitation to the right of withdrawal

The User acknowledges and accepts that the right of withdrawal does not apply, inter alia, to contracts for the supply of services after the full performance of the service by a professional if the performance initially began with the express consent of the User and their agreement to lose the right to withdraw. Therefore, if the Service has already been provided at the time of the request for withdrawal and the User has requested the execution, understanding fully well their loss of the right of withdrawal, the withdrawal is no longer exercisable. The User also acknowledges and agrees that the withdrawal shall not apply to the supply of digital content through a non-material medium once the execution of the agreement has begun with the express consent of the User and their acknowledgment of the loss of the right to withdrawal.

Indemnification and limitation of liability

Indemnity

Kpi6.com and all functions accessible through Kpi6.com are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals.
Kpi6.com and functions accessible through KPI6.com are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of KPI6.com. Therefore, the Owner shall not be liable for:

  • any losses that are not a direct consequence of the breach of the Agreement by the Owner;
  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
  • damages or losses resulting from interruptions or malfunctions of KPI6.com due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
  • incorrect or unsuitable use of KPI6.com by Users or third parties.

Indemnity

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.

Miscellaneous

Service interruption

To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on KPI6.com.

Service reselling

Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of KPI6.com and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

Intellectual property rights

All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning KPI6.com are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.

All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on KPI6.com are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Software license

Kpi6.com grants Users a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software and/or any other technical means embedded in the Service provided by KPI6.com. This license is for the sole purpose of enabling Users to use the Service and in doing so within the limits and in compliance with this Agreement and/or any other applicable rules.
User is required to use the Service in accordance with Owner’s intellectual and industrial property rights.
The Software related to the Service, like any other copyright or other intellectual property rights, is the exclusive property of the Owner and/or its licensors. User does not acquire any right or title with respect to the Software, and acknowledges that its use is non-exclusive and non-assignable, only for the duration of the Service usage, via remote connectivity, via Internet, for the provision of Services under this Agreement.
The right to use the Software, does not grant any rights to the original source code. All techniques, algorithms, and procedures contained in the Software and their documentation is information protected by copyright and are the sole property of the Owner or its licensors, and therefore may not be used in any way by the User for purposes other than those set forth in this Agreement.

All rights and license grants to the User shall immediately terminate upon any termination or expiration of this Agreement.

Attribution on material and analyses provided by KPI6.com

All digital or printed copies of reports, analyses, output, other materials or information generated or produced in providing the Service shall include the following attribution to KPI6.com: “Source: KPI6.com”.

Changes to these Terms

The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within KPI6.com.

Users who continue to use KPI6.com after the publication of the changes accept the new Terms in their entirety.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts

All communications relating to KPI6.com must be sent using the contacts stated in this document.

Severability

If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction

These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.

Dispute resolution

Online dispute resolution for consumers

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link.
The Owner is available for any questions via the email address posted under the Owner’s information in this document.

 

Definitions

Example withdrawal form
Addressed to:

KPI6.com Srl Via P. Togliatti, 5/C 42049 – Rubiera (RE) Italy
info@kpi6.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)

Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign if this form is notified on paper)

Service
The service provided by KPI6.com as described in these Terms and in KPI6.com.

Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.

User
Any user of the Service, whether a human being or legal entity.

Latest update: June 01, 2018

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