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Terms of Use

This document contains information on rights and duties as well as on access to and use of this website and/or its services.

 

1.WEBSITE MANAGER 

This website is managed by the company mentioned in the “Imprint” (inserire hyperlink) (hereafter, “Bracco” or “Website Manager”). 

 

2.ACCESS TO THE WEBSITE AND USE OF THE SITE

By accessing this website and/or any of its content in the form of services, including consultation or downloading of information, posting or uploading information onto the site or any other use of the site and its content as a registered user or an unregistered visitor, you agree to respect these Terms of Use and to respect all applicable legal regulations on the issues of copyright, data and information security, personal data protection and civil and/or criminal liability.

 

3.REGISTRATION AS A USER ON THE WEBSITE

Any user intending to register for any areas, sections or particular services on the web site undertakes to provide only information that is complete, current and truthful. Users also undertake promptly to inform Bracco of any changes to the date provided for registration purposes.

Bracco reserves the right to check 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 a log-in is required to gain access to the website or any part thereof, the user undertakes to use the log-out option at the end of the session in order to close the session. 

Bracco reserves the right to log-out those users whose accounts have remained on stand-by for what, in its opinion, constitutes a significant period after log-in.

 

4.PASSWORD AND ACCOUNT DATA PROVIDED BY BRACCO 

The user is responsible for the secrecy of his/her password, account number and any other data, as well as the activities performed using his/her account. Any unauthorised use of the user account or other breaches of security must be communicated immediately to the Website Manager using the contact details provided.

 

5.CHANGES TO THE WEBSITE AND TO THESE TERMS OF USE

The Website Manager, also through authorised third parties, reserves the right – with or without prior notice – to make changes or improvements to the services, content and any other information relating to the website, including these terms of use.

Therefore, Bracco recommends checking the website and the Terms of Use on a regular basis.

 

6.PERMITTED AND PROHIBITED UTILISATION OF THIS WEBSITE

Access to this web site and its utilisation, including viewing, duplication and download of data, graphics, images, photographs, sketches, descriptions, information and collections of text, video, audio, utilities and software (including applets), as well as the content of any email newsletter or similar communications sent by Bracco (or in the name of Bracco), is prohibited unless specifically permitted on the basis of these Terms of Use.

Bracco grants the user limited authorisation to access this website and its content for personal but not commercial use and only for the purposes defined on this web site, subject to compliance with copyright requirements in relation to the website content.

Any other use of the website is prohibited, including its use for purposes other than those stated above.  Modification, distribution, transmission and downloading of the web site (except for page-caching), republication or reverse engineering are also prohibited, except with the prior written agreement of the Website Manager (except for such a prohibition is not possible under applicable law).

Authorisation to use the web site does not include authorisation for the resale, commercial use or distribution of the web site content, the collection and use of any description and price of products, support and service listing, or the derivative use of this web site and its content (including framing), the download or duplication of information for the benefit of other commercial enterprises, any use of data mining, robots or similar tools to gather and extract data, any use of the website content on another website, server or networked IT environment, or any use of the website content that suggests a link with the products, support or services of Bracco or Bracco Group companies that has not been specifically agreed in writing by the parties.

The user is not permitted to use this website or any of its services in breach of the spirit or meaning of these Terms of Use or of any other applicable rights or regulations or to make any other use that causes or could cause the website or its services to be harmed, interrupted or limited. 

Attempts to gain unauthorised access to any part of this website, to the accounts of other users or to networks or information systems linked to this website are prohibited in whatever form (hacking, password mining, etc.). Users are not permitted to gather or attempt to gather information or personal data of third parties via this website.

 

7.COPYRIGHT ON WEBSITE CONTENT

The website content, including its selection and display, is the property of Bracco or other companies belonging to the Bracco Group and/or their providers of content and technology and is protected by applicable laws, including copyright laws.

Limited authorisation to use the website content (for the purposes stated above) is specifically subject to recognition, respect and protection by the user of all notes relating to copyright, registered trademarks or other rights protecting website content.

Users do not acquire any rights of ownership to email addresses, URLs or other personal identification information allocated to them or chosen by them for the purposes of accessing the services available on this website. 

The limited rights of the user, regarding use of such email addresses/user identification data, shall remain valid only as long as the registration/account used to access this website or the respective services remains valid. At the end of the period of validity, Bracco shall be free at its discretion to utilise such email addresses/user identification data or to allocate them to another user.

Unauthorised use or copying of the web site content or utilisation of the web site content in breach of these rules may constitute a breach of copyright, registered trademark or other civil or criminal legal provision.

Indeed, users are prohibited from using any of the website content (or any content available on this website) in such a way as to breach copyright, registered trademarks or other rights. 

Bracco reserves the right to take appropriate legal action against any party making unauthorised use of the website content or violating these Terms of Use.

 

8.REGISTERED TRADEMARKS

"Bracco" is a registered trademark.

Trademarks, logos, Internet addresses, product names and their derivatives that describe products or services of Bracco or businesses forming part of the Bracco Group are trademarks registered and/or owned by Bracco or by Bracco Group companies. Any list of trademarks registered by Bracco (or other parties) and published on this web site is regularly checked and updated but it cannot be considered an exhaustive list of the trademarks registered by Bracco (or other parties).

The use or modification of Bracco or other entities of Bracco Group trademarks is strictly prohibited (except with specific written authorisation from Bracco). Other product names or business names used on this website may be registered trademarks of their respective owners.

 

9.USER CONTENT PROHIBITED OR SUBJECT TO LIMITATIONS

Bracco prohibits the transmission, distribution, sharing, uploading, posting, presentation, utilisation or saving, using this website, of offensive content or content considered unacceptable by Bracco.

This shall include pornographic, blasphemous, sexist, homophobic, defamatory, misleading, vulgar, obscene or offensive content, as well as insults or an ethnic, racial or religious nature, praise for violent actions triggered by hatred, illegal actions, depictions of the mistreatment of minors or of minors in lewd poses and child pornography, advertising, market research and prize competitions or other materials that could give rise to civil or criminal consequences.

Bracco prohibits the uploading or utilisation of website content or the transmission or user content whose primary or secondary purpose or effect is the sale, distribution or promotion of firearms, weapons or narcotics, Make-Money-Fast systems, chain letters or pyramid schemes, fraudulent or criminal offers, registration of an email address other than the user’s, actions to upset auctions or markets (included publicly listed stock markets), threats to or disturbance of other persons, disturbance to discussions or the creation of a false identity In order to mislead others, the sending of sexual proposals by minors, on behalf of minors or to minors, making racist statements and comments, imitating another person or boasting of a relationship with a physical or legal person.

Bracco reserves the right (without accepting any obligation) to restrict or cancel the user’s access to certain website content and/or user content and/or to send user content to the competent authorities if it suspects that user content has been uploaded in violation of these Terms of Use (or any other applicable laws or regulations) or other terms/conditions or regulations, without the need for a formal introduction or demonstration that legal action has been taken.

 

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

The materials, information and opinions expressed do not necessarily represent those of Bracco, the Bracco Group companies or related legal entities (or those authorised by them). All user content shall 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 sent by you when using the website, including for example the use of any forum, is subject to your discretion only and takes place subject to the exclusions and limitations of liability set out in these Terms of Use.

With regard to legal definitions regarding copyright, defamation and the protection of personal data and so on, Bracco accepts no liability in relation to any user content, including responsibility for any errors, viruses, defamation, written insults, obscenities or inaccuracies that might be contained in the user content or in relation to any user content that might be illegal or any other user content in general.

Bracco is not responsible for any unauthorised access to a user account or for the automatic forwarding of communications and/or viruses (caused by a virus or another factor) to persons whose data was submitted by a user for inclusion in the online address book available on the website.

The limitations and exclusions of liability contained in these Terms of Use shall apply irrespective of the fact that responsibility is claimed on the basis of contractual rights, civil rights (including negligence and defamation), responsibility irrespective of damage, breaches of guarantees or other legal principle.

 

11.NO GUARANTEE – WEBSITE CONTENT AND SERVICES

All of the website content and services are made available "as is" and "as available ". Moreover, Bracco excludes – to the widest degree permitted by law – all guarantees and assurances of any type ("guarantees"), whether explicit or implicitly given, in relation to the website content and services, including guarantees regarding negotiability, quality, suitability for a certain purpose and compliance with rights regarding the intellectual property of third parties.

Bracco does not guarantee the adequacy and accessibility of the website, or its availability for use in any place or its freedom from viruses. Anyone accessing this website and using the website services or content is responsible for compliance with all applicable laws and regulations, including all applicable national or local laws.

Bracco has confirmed the accuracy, reliability and updating of all of the website content, including data on (any) products and services and descriptions received from third parties. However, Bracco does not provide any guarantee of the accuracy of any statement contained on the website. All materials, products, services or information contained on or referred to on this web site may no longer be up to date. 

Bracco undertakes, as far as possible, to ensure that the website content is up to date but offers no guarantees in this regard. Bracco does not provide any guarantee or accept any liability for errors or omissions in the web site content  (to the extent that this does not conflict with any guarantees and other terms and conditions regarding the sale of Bracco products or services). Any decision taken on the basis of information included in the website content (or in the user content) takes place under the exclusive responsibility of the user.

Bracco does not guarantee that the services and functions of this website or interactions of any other type via this web site shall be available continuously, without interruption, in a secure and error-free manner, or that all errors shall be eliminated or that this web site, or the server that hosts it, are free from viruses or harmful items.

Bracco and the Bracco Group companies do not offer any guarantee or accept any responsibility for damage of any type or for viruses that could damage the user’s computer caused by accessing or using this website, including by downloading images, software or other website content. If the website content leads to the need for repairs, assistance or maintenance of equipment or data, the related costs shall be borne by the user.

The information included in the website content (and in the user content) does not constitute medical, professional, legal or financial advice. 

The website may contain references to certain Bracco services and products that are no longer available or are not available in the same form in a certain country.  Such references should not be interpreted as an assurance or implicit guarantee that the products or services in question will at some time be made available in a certain country.

Where the law prohibits Bracco from excluding guarantees as above, Bracco excludes and limits the guarantees provided only to the maximum extent permitted by the law.

 

12.EXCLUSION OF LIABILITY WITH REGARD TO WEBSITE CONTENT

Bracco, the Bracco Group companies and the persons participating in the development, production, hosting or supply of website content are not liable for direct, indirect, concrete, temporary or consequential damages, or damages involving compensation, including inter alia damages due to the loss of data, lost earnings, the interruption of activities or loss of time, or for damages of any nature (including those caused by negligence of other irregularities) caused by the use of the website content or by inability to use the website content, even if Bracco or any of its legal representatives was informed of the possibility of such damages.

The exclusion of liability in this section shall apply insofar as permitted by applicable laws and regulations.

 

13.PERSONAL DATA, DATA PROTECTION AND COOKIES

With regard to personal data processing, please refer to the web site Privacy Policy (inserire link alla privacy policy).

 

14.EXEMPTION

Subject to legal limits, the user exempts Bracco, the Bracco Group companies and their employees, directors, statutory auditors, legal representatives, collaborators and service providers from responsibility and compensation for losses, costs, proceedings, damages, expenses (including legal expenses and costs of a reasonable amount) or claims for guarantees of any type as a result of third party claims for failure to respect any condition or limitation regarding the user’s activities on this website as described in these Terms of Use.

Without wishing to limit the general nature of the above exemption, the user exempts, warrants and indemnifies Bracco, the Bracco Group companies and their employees, directors, statutory auditors, legal representatives and service providers in relation to any claim, assertion of liability, cost, expense, legal action and claim for compensation for damages (direct, indirect or consequential damages) of any nature, irrespective of whether such damages are known, alleged, measurable or not and derive from or are connected to any prohibited user content or content subject to limitations uploaded by the user, or are the result of any utilisation of this web site by the user (including the prohibited use of the web site by the user or its use subject to limitations).

 

15.HYPERTEXT LINKS TO AND FROM THIS WEBSITE

The user undertakes to request and receive the written authorisation of Bracco before creating a link to this web site.  “Deep linking” is strictly prohibited. All links must lead to the website home page and must state that this web site and its content shall be considered separately from the site containing the link.  Moreover, they shall underline the fact that this web site is owned and operated by Bracco.

Bracco or third parties (authorised as above) may provide hypertext links to other sites or Internet resources. The inclusion of such links does not mean that Bracco approves the content of such external websites. Bracco invites users to take the utmost care when using this website or any other external website. Some websites might contain information that could be considered inappropriate or unpleasant. External websites may send their cookies to the user, collect data and/or request data and information of a personal and sensitive nature.

As far as possible, Bracco has sought to verify the accuracy and reliability of the information contained in external web sites or resources connected by links to this website or that are accessed via this website or that contain links to the website(s) of Bracco. However, it cannot be held responsible for the content, advertising, products, services or other materials available on these external resources or websites.

Bracco does not provide any guarantees or assurance with regard to the security of any information (including credit card information or other personal information) that the user is asked to provide to third parties.  The user waives the right to any claims against Bracco with reference to any such matters.

 

16.MISCELLANEOUS

If any single one of these Terms of Use is held inapplicable, the inapplicable term shall be replaced by a valid and applicable term whose sense is as close as possible to the original. This shall not affect the validity and applicability of the remaining terms in any way.

Without prejudice to the exclusions and limitations of liability contained in these Terms of Use, no person may attempt any claim or legal action against Bracco or a Bracco Group company in relation to this website or in connection to it unless Bracco is notified of said claim or legal action within one (1) year of the date the reasons for the legal action arose.

The collaborators and legal representatives of Bracco are not authorised to amend these Terms of Use.

Any statements made by sales personnel or customer service representatives in the name of Bracco shall not be considered as modifying these Terms of Use or as authorised and legally binding statements in relation to this web site or the type and quality of the services and products presented or the other content of the website.