Terms of Service
Last updated on June, 2020
Thank you for using Dolci & Capricci.
“CAFÉ & RESTAURANT DOLCI & CAPRICCI L.L.C maintains the
https://www.dolciecapricci.com/ Website (“Site”).
“United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
‘’Visa or MasterCard debit and credit cards in AED will be accepted for payment’’
‘’We will not trade with or provide any services to OFAC and sanctioned countries’’
‘’Cardholder must retain a copy of transaction records and Merchant policies and rules’’
PAYMENT CONFIRMATION – Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.
REFUND POLICY –
‘’Refunds will be done only through the Original Mode of Payment”
CANCELLATION POLICY – Customer can cancel their order within 10 minutes;. Please allow for up to 45days for the refund transfer to be completed.
We deliver our Products in UAE, Abu Dhabi. Shipping will be done by our drivers.
Delivery will be different for the area. We divided Abu Dhabi in three sector by color, Green, yellow and red for the far area. You can view the maps here.
Delivery time 1 hour. Delivery Fees will be depends of the area along with your specific contact detail.
Zone 1: 7 AED
Zone 2: 10 AED
Zone 3: 15 AED
I. Acceptance of terms
the Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Dolci & Capricci website at www.dolciecapricci.com (the “Site”) and any related mobile or software applications (“Dolci Capricci Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all existing and future Dolci & Capricci users, including but without limitation to users having access to ‘restaurant business page’ to manage their claimed business listings.
Please read these Terms carefully. By accessing or using Dolci & Capricci Platform, you are agreeing to these Terms and concluding a legally binding contract with Café & Restaurant Dolci & Capricci LLC. and/or its affiliates. You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Dolci & Capricci Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
• Clicking to accept or agree to the Terms, where it is made available to you by Dolci & Capricci in the user interface for any particular Service; or
• Actually using the Services. In this case, you understand and agree that Dolci & Capricci will treat your use of the Services as acceptance of the Terms from that point onwards.
“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to ‘restaurant business page’ to manage claimed business listings or otherwise.
“Content” will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “Dolci & Capricci Content” means content that Dolci & Capricci creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than Dolci & Capricci or its users and is available on the Services.
III. Eligibility to use the services
1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
IV. Changes to the terms
Dolci & Capricci may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Dolci & Capricci Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
V.Translation of the terms
Dolci & Capricci may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Dolci & Capricci. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
VI. Provision of the services being offered by Dolci & Capricci
1. Dolci & Capricci is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Dolci & Capricci provides, may require effecting certain changes in it, therefore, Dolci & Capricci reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
3. You acknowledge and agree that if Dolci & Capricci disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
4. You acknowledge and agree that while Dolci & Capricci may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Dolci & Capricci may set such fixed upper limits at any time, at Dolci & Capricci’s discretion.
5. By using Dolci & Capricci’s Services you agree to the following disclaimers:
o The Content on these Services is for informational purposes only. Dolci & Capricci disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Dolci & Capricci reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Dolci & Capricci. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Dolci & Capricci. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Dolci & Capricci.
o Any certification, licenses or permits (“Certification”) or information in regard to such Certification that may be displayed on the Restaurant’s listing page on the Platform is for informational purposes only. Such Certification is displayed by Dolci & Capricci on an ‘as available’ basis that is provided to Dolci & Capricci by the Restaurant partner(s). Dolci & Capricci does not make any warranties about the validity, authenticity, reliability and accuracy of such Certification or any information displayed in this regard.
o Any reliance by a user upon the Certification or information thereto shall be strictly at such user’s own risk and Dolci & Capricci in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Restaurant partner.
6. Dolci & Capricci reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Dolci & Capricci Platform anytime in future.
7. Dolci & Capricci may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Dolci & Capricci Platform terms. Further, Dolci & Capricci reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Dolci & Capricci determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Dolci & Capricci Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Dolci & Capricci reserves the right to modify, cancel and discontinue its Program without notice to the User.
VII. Use of services by user
1. Dolci & Capricci User Account Including ‘Claim Your Business Listing’ Access
b. You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
c. In creating an account and/or claiming your business’ listing, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business’ listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Dolci & Capricci or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
d. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Dolci & Capricci account for any purpose and that you will be liable for such unauthorized access.
e. By creating an account, you agree to receive certain communications in connection with Dolci & Capricci Platform or Services. For example, you might receive comments from other Users or other users may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through account settings.
1. Ownership of Dolci & Capricci Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Dolci & Capricci Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Dolci & Capricci and that you shall not disclose such information without Dolci & Capricci’s prior written consent.
b. You agree to protect Dolci & Capricci’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Dolci & Capricci (or Dolci & Capricci’s licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Dolci & Capricci and that you shall not disclose such information without Dolci & Capricci’s prior written consent. Unless you have agreed otherwise in writing with Dolci & Capricci, nothing in the Terms gives you a right to use any of Dolci & Capricci’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Dolci & Capricci; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Dolci & Capricci’s Content in whole or in part except as expressly authorized by Dolci & Capricci.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
2. Your License to Dolci & Capricci Content
a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Dolci & Capricci Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Dolci & Capricci Content or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
X. Restrictions on use
1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
a. Violate our Guidelines and Polices;
b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
d. Contains material that violates the standards of good taste or the standards of the Services;
e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
f. Accuses others of illegal activity, or describes physical confrontations;
g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
i. Attempts to impersonate another person or entity;
j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
p. Accesses or uses the account of another user without permission;
q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
s. “Hacks” or accesses without permission our proprietary or confidential records, records of another user, or those of anyone else;
t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
x. Collects, accesses, or stores personal information about other users of the Services;
y. Is posted by a bot;
z. Harms minors in any way;
aa. Threatens the unity, integrity, defense, security or sovereignty of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
bb. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
cc. Attempts to do any of the foregoing.
2. You acknowledge that Dolci & Capricci has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
3. You hereby agree and assure Dolci & Capricci that the Dolci & Capricci Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Dolci & Capricci in any form or manner whatsoever.
2. BOOK SERVICE/TABLE RESERVATIONS:
a. The user can make a request for booking a table at a restaurant, offering table reservation via the Dolci & Capricci Platform and related mobile or software application and such booking will be confirmed to a user by email and/or by any other means of communication only after the restaurant accepts and confirms the booking. The availability of a booking is determined at the time a user requests for a table reservation. While using the Dolci & Capricci Book Service, you shall be required to provide certain details, You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Dolci & Capricci’s terms and privacy policies and agree to receive booking confirmations by email and/or by any other means of communication after booking a table through the Dolci & Capricci Book Service. User further agrees not to make more than one reservation for user’s personal use for the same mealtime.
b. Fees: Dolci & Capricci may charge booking fee (“Booking Fee”) from the user upon availing the Dolci & Capricci Book Service. This Booking Fee shall be adjusted by the restaurant against the total bill for the items consumed by the user at such restaurant. Any balance amount remaining to be paid after deduction of the Booking Fee from the restaurant bill shall be payable by the user. The user shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction. In the event of any change in the amount of the Booking Fee after the payment is made by the user, the amount of the Booking Fee already paid by the user will be applicable. The user may be required to furnish the payment instrument at the restaurant from which payment has been made for identification purposes.
c. Modifications & Cancellations: Any request for modification of the confirmed booking will be subject to acceptance of the same by the restaurant. Dolci & Capricci will use its best endeavors to keep the user informed of the status of the booking. For bookings where Booking Fee is not applicable, the user may cancel such booking thirty (30) minutes in advance from the scheduled booking time. A confirmed booking for which Booking Fee has been charged from a user, modification option will not be available, however the user is required to cancel the confirmed booking twenty-four (24) hours prior to the scheduled booking time to avail the refund. Unless otherwise provided herein these Terms, Dolci & Capricci shall refund the Booking Fee to the user within seven (7) working days from the date of such cancellation. However, Dolci & Capricci reserves the right to retain the Booking Fee in the event the user fails to cancel the booking within the estimated timeframe mentioned herein above.
d. Late Arrivals: Dolci & Capricci advises the users to arrive 10 minutes in advance of the scheduled booking time. The restaurant reserves the right to cancel your booking and allocate the table to other guests in case of late arrivals and Dolci & Capricci shall in no manner be liable for such cancellation initiated by the Restaurant. Dolci & Capricci hereby reserves its right to retain the Booking Fee paid by the users, in the event the user is late by more than 10 minutes from the scheduled booking time and/or fails to show up at the restaurant.
e. Dispute: In the event the restaurant fails to honor the confirmed booking or in case of any other complaint or dispute raised by the user in relation to the booking, the user shall raise such disputes with Dolci & Capricci within 30 minutes from the scheduled booking time at the helpline numbers as provided herein below. Upon receipt of such complaint or dispute, Dolci & Capricci will make reasonable efforts to verify the facts of such complaint/ dispute with the restaurant and may at its sole discretion initiate the refund of the Booking Fee to such user.
g. Additional Request: In the case of any additional request communicated by the user at the time of the booking, the same will be conveyed to the restaurant by Dolci & Capricci and confirmed to the user basis restaurant’s response. While Dolci & Capricci will take all the care to ensure timely communication of these requests to both the user and the restaurant, the liability to fulfill the request lies solely with the restaurant and Dolci & Capricci shall in no manner be liable if the restaurant does not honor any of the confirmed additional requests of the users.
h. Call Recording: Dolci & Capricci may contact via telephone, SMS or other electronic messaging or by email with information about your Dolci & Capricci Book Service or any feedback thereon. Any calls that may be made by Dolci & Capricci, by itself or through a third party, to the users or the restaurant pertaining to any booking requests of a user may be recorded for internal training and quality purposes by Dolci & Capricci or any third party appointed by Dolci & Capricci.
i. Liability Limitation: Notwithstanding anything otherwise set out herein, Dolci & Capricci shall in no manner be liable in any way for any in-person interactions with the restaurant as a result of the booking or for the User’s experience at the restaurant or in the event a restaurant does not honor a confirmed booking. Dolci & Capricci is only a platform connecting users to the restaurant and shall not be liable for any acts or omissions on part of the restaurant including deficiency in service, quality of food, time taken to serve or any other experience of the user.
XIV. Disclaimer of warranties, limitation of liability, and Indemnification
1. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOLCI & CAPRICCI, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“DOLCI & CAPRICCI PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DOLCI & CAPRICCI PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE DOLCI & CAPRICCI PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOLCI & CAPRICCI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY DOLCI & CAPRICCI, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
2. Limitation of Liability
You agree to indemnify, defend, and hold harmless the Dolci & Capricci Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
XV. Termination of your access to the services
1. You can delete your account at any time by contacting us via the “Contact Us” link at the bottom of every page or by following this process: Go to Profile > Setting > Security > click on the ‘Delete Account’ button and ceasing further use of the Services.
2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
XVI. General terms
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
2. Entire Agreement and Waiver:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
4. Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Dolci & Capricci and you shall have no authority to bind Dolci & Capricci in any form or manner, whatsoever.
5. Governing Law/Waiver:
(a) For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
6. Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
7. Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.