These terms of use are entered into by and between you and DVIDA SPA (“DS”, "Dvida Spa", “Company”, “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of dvidaspa.com including any content, functionality, and services (collectively, the “Services”) offered on or through dvidaspa.com (the "Website"), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the Website. By using the Website or any of the online web services, mobile applications and services for other types of devices provided to you on, from or through this Website or our mobile applications, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://dvidaspa.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

 

1. No children under 18

The Services are not directed at or intended for use by children under 18 years old. We do not knowingly collect or retain personal information from minors under the age of 18. If you are under the age of 18 and are visiting or otherwise using the Website please exit the Website immediately and do not disclose or provide any personally-identifiable information via the Website.

 

2. OWNERSHIP OF THE WEBSITE

All pages within this Website and any material made available for download are the property of Company, or its licensors or suppliers, as applicable. The Website is protected by United States and international copyright and trademark laws. The Company name, the stylized form of “Dvida Spa” as shown on the homepage of dvidaspa.com, terms [COMPANY TRADEMARKS], as shown on the homepage of dvidaspa.com and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. The contents of the Website, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this site (“content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, or form) of Company without our express written consent.

 

3. Users Outside the United States

The Services are not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection, use and transfer that may differ from U.S. law, your personal information submitted through the Services and transferred to the U.S. may not have the same legal data protection as in your jurisdiction. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

4. WEBSITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS

We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

 

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

 

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Website or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

 

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep link to any feature or content on the Website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. You may not modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services. You may not post or transmit any information or software that contains a virus, worm, time bomb, Trojan horse, spyware, adware, malware or other harmful, malicious or disruptive component; or tamper with or damage the Services in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

 

Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy found at https://dvidaspa.com/privacy-policy/, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

In the event access to the Website or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. We are not responsible for any losses arising out of the unauthorized use of your registration or the Services. If you believe that the security of your user ID and/or password has been compromised, you agree to immediately change your user ID and/or password to eliminate this security risk. You will notify Company of any known or suspected unauthorized use of, or disclosure related to, your registration. Your access to the Website may be revoked by Company at any time with or without cause.

 

5. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AGENTS, PARTNERS, CLIENTS, SPONSORS AND CONTRACTORS, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS OR OTHER EXPENSES (INCLUDING REASONABLE LEGAL FEES) ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM (A) YOUR VIOLATION OF THESE TERMS, INCLUDING BUT NOT LIMITED TO THE PROVISIONS RELATING TO USER GENERATED CONTENT, (B) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER USER OF THE SERVICES, AND/OR (C) any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

6. Consent to Receive Communications

If you register or sign up to receive alerts, emails, or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the prompts contained at the bottom of the communications.

 

7. ACCURACY AND INTEGRITY OF INFORMATION

Although Company attempts to ensure the integrity and accurateness of the Website, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Website and content thereon. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Website may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or content posted to the Website from any non-Company affiliated third party.

 

8. TYPOGRAPHICAL ERRORS AND INCORRECT PRICING

In the event a product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / Service listed at the incorrect price.

 

9. Other Terms and Conditions

Additional terms and conditions may also apply to specific portions, Services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

10. LINKS TO THIRD PARTY SITES

The Website may contain links to other websites (“linked sites”). This includes links contained in advertisements, including banner advertisements and sponsored links. The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Company is not responsible for webcasting or any other form of transmission received from any linked site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators. You are encouraged to review any privacy policy or terms of service posted on the linked sites. Certain content, products and Services available via our Website may include materials from third parties, and may be subject to the terms and conditions of the GNU Lesser GPL License, Version 3.

 

11. OPTIONAL TOOLS

We may provide you with access to third-party tools; we do not monitor or have any control or input with regard to such tools. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

12. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

 

13. USER GENERATED CONTENT AND OTHER POSTINGS TO THE WEBSITE

If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Website (“user generated content” or “User Content”), you agree not to provide any user generated content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, (3) without Company’s prior written approval (except for postings to job boards), constitutes an advertisement, promotion or solicitation of goods or services for commercial purposes (including but not limited to the solicitation of users of the Services to become users of other online services competitive with Company), or any other form of solicitation involving commercial activities and/or sales, such as contests, sweepstakes, advertising or pyramid schemes; or (4) contains or transmits a virus or any other harmful component. You agree not to contact other Website users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all user generated content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, perpetual, irrevocable, transferable right and license to use the user generated content however Company desires, including without limitation, to copy, link to, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, sublicense and/or distribute such user generated content and/or incorporate such user generated content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any user generated content in confidence; (2) to pay to you any compensation for any user generated content; (3) to provide notice to you or attribution regarding any User Content; or (4) to respond to any user generated content. Company and its subsidiaries, licensees and third-party content providers and licensors have the right to assert and enforce these provisions relating to User Content directly or on its own behalf.

 

Company does not regularly review posted user generated content, but does reserve the right (but not the obligation) to monitor and edit or remove any user generated content submitted to the Website. You grant Company the right to use the name that you submit in connection with any user generated content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any user generated content. You are and shall remain solely responsible for the content of any user generated content you make. Company and its affiliates take no responsibility and assume no liability for any user generated content submitted by you or any third party.

 

Company IS UNDER NO OBLIGATION TO POST OR USE ANY USER CONTENT, AND WE MAY REMOVE USER CONTENT OF WHICH WE BECOME AWARE AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION. Company reserves the right to decide whether User Content is appropriate and complies with these terms and conditions. Company assumes no responsibility or liability for the deletion, corruption, or loss of User Content or failure to receive or store User Content for any reason, including but not limited to malfunctioning of any network, hardware, or software.

 

You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any user generated content you post or allow to be posted to the Website.

 

14. Contests, Sweepstakes and Promotions

 

You acknowledge that if and when Company sponsors contests, sweepstakes, or promotions (each a “Special Program”), or third parties sponsor a Special Program in conjunction with Company, Company or the third party will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with these Terms, will govern that particular Special Program.

 

15. DISCLAIMER OF WARRANTIES; LIABILITY DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, SUITABILITY, TIMELINESS OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

16. TERMINATION/ACCESS RESTRICTION

Company reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof at any time, without notice. If your access or account has been terminated, Company may, but is not obligated to, irretrievably delete any and all content stored pertaining to activity from your registration.

 

17. GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A., exclusive of its choice of law rules, and each party hereby consents to the exclusive jurisdiction and venue of the state and federal courts of Wake County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Website and/or Services and waives any jurisdictional, venue or inconvenient forum objections to such courts. You further agree that neither you nor Company will participate in a class action lawsuit or class action arbitration or claims brought in a private attorney general or representative capacity, if Company is a party to such a proceeding. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Website. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in these terms and conditions is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. Nothing in these terms and conditions shall be deemed to confer any third-party rights or benefits. These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.

 

18. COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Website are: by Company and/or its suppliers. All rights reserved. You may not use any trademark or service mark appearing on or in the Services without the prior written consent of the owner of the mark.

 

19. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

 

Any rights not expressly granted herein are reserved.

 

20. MODIFICATION OF THESE TERMS OF USE

Company reserves the right to change the terms, conditions, and notices under which the Website and/or Services are offered, including but not limited to the charges associated with the use of the Website and/or Services as well as the suspension or discontinuance of a product or Service.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your use of the Services after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. However, any changes to the dispute resolution provisions set forth in the section titled “General” will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.