Last Updated: July 18, 2023
Please read these terms and conditions (“Terms”) carefully before using www.frankovitali.com (the “Site”), operated by Vitsia Entertainment Group, Inc., Francesco Vitali and their affiliates, licensors and related parties (collectively “Company,” “we,” “us,” or “our”).
You agree to be bound by these Terms by accessing or using the Site. You may not access or use the Site if you do not agree to all the Terms.
Section 1 – Eligibility and Access
1.1 You must be at least 18 years old to access or use the Site. Using the Site, you represent and warrant that you are of legal age and eligible to form a binding contract with the Company.
1.3 We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Site for your own personal use, subject to these Terms.
1.4 We may terminate your right to access or use the Site at any time for any or no reason, including for violation of these Terms.
Section 2 – Modifications to the Terms
2.1 We may change these Terms at any time at our sole discretion, including by adding new or additional terms. We will update the “Last Updated” date above if we modify these Terms.
2.2 Your continued use of the Site after any modification constitutes your acceptance of the new Terms. You must check these Terms for amendments each time you access the Site.
2.3 Modifications are effective immediately upon posting and apply prospectively. Your access and use of the Site after the effective date of any modifications constitutes your acceptance of the modified Terms.
Section 3 – User Content
3.1 If you submit, post, display, or otherwise make available any text, images, audio, video, or other content (“User Content”) through the Site, you grant us a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any media or through any media channels, subject to your privacy settings and applicable law. This license is to operate, develop, provide, and promote the Site and Company’s products and services. You grant us the same right and license concerning any name, username, profile pictures, or other information you provide in connection with your User Content.
3.2 You represent and warrant that: (i) you own or have the necessary rights and permissions to grant the rights and licenses specified in these Terms; (ii) the User Content does not infringe any intellectual property or other proprietary rights; (iii) the User Content is not defamatory, obscene, illegal or otherwise objectionable; and (iv) the exercise of the rights granted herein will not violate or infringe the rights of any third parties.
3.3 We may modify or adapt your User Content for technical requirements associated with the operation or providing of the Site and our products or services.
3.4 You acknowledge that we have no obligation to monitor User Content or the use of the Site. However, we may monitor User Content at our sole discretion to ensure compliance with these Terms. We reserve the right to remove or restrict access to any User Content anytime for any reason. We may take these actions without notice to you.
3.5 The User Content is owned by the user and not by Company. We do not claim any ownership rights in any User Content. You retain all ownership rights in any User Content you provide through the Site. However, you acknowledge that third parties may access or obtain your User Content by operating the Site and exercising the licenses you have granted in these Terms.
Section 4 – Prohibited Conduct
You agree not to use the Site to:
4.1 – Violate any applicable laws, regulations, or third-party rights;
4.2 – Infringe any intellectual property rights or other proprietary rights, including unauthorized access or use of computers, accounts, networks, data, or systems;
4.3 – Post, share, transmit or otherwise make available any unlawful, offensive, obscene, abusive, pornographic, threatening, or harassing material, including promoting violence, use of illegal drugs, or discrimination;
4.4 – Make available any material that contains viruses or other harmful code or programs designed to interrupt, damage, destroy or limit the functionality of any software, hardware, or computer systems;
4.5 – Impersonate or misrepresent your affiliation with any person or entity;
4.6 – Post false, inaccurate, misleading, deceptive, or fraudulent information, advertising, or materials;
4.7 – Collect or harvest any personally identifiable information of other users;
4.8 – Violate the privacy rights or rights of publicity of others;
4.9 – Solicit personal information from minors or send soliciting messages to phone numbers or email addresses if you have been previously asked to stop such communications;
4.10 – Send “junk mail,” spam, chain letters, pyramid schemes or similar unsolicited messages;
4.11 – Download, store, or transmit any User Content that you know or reasonably should know cannot be legally distributed through the Site;
4.12 – Restrict or inhibit other users from using the Site;
4.13 – Use any data mining, bots, scrapers, crawlers, or other automated tools, algorithms, or methods to access, collect, use, republish, or redistribute content or information from the Site;
4.14 – Provide assistance or support to parties engaging in the prohibited activities described above; or
4.15 – Violate these Terms, our Community Guidelines, or any additional terms applicable to specific features or functionality of the Site.
Section 5 – Community Guidelines
In addition to complying with the Terms, we expect users of the Site to abide by the following Community Guidelines:
5.1 – Treat others with respect. Do not insult, attack, or harass others.
5.2 – Post meaningful, relevant, and appropriate content. Do not post irrelevant, distracting, or repetitive messages or content.
5.3 – Maintain privacy. Do not disclose private or confidential information about yourself or others.
5.4 – Act lawfully. Do not encourage or assist others to violate any laws, regulations, or third-party rights.
5.5 – Avoid disruptive activity. Do not interfere with or disrupt the functioning of the Site.
Section 6 – Monitoring and Enforcement
6.1 We have the right, but not the obligation, to monitor and review all User Content and your use of frankovitali.com for compliance with these Terms. This may include accessing, recording, and disclosing any User Content or information about your access and use of the Site for any purpose relating to the operation, development, or enforcement of the Terms, including with cooperation from or disclosure to appropriate third parties.
6.2 We may investigate any violations of the Terms and take appropriate action in our sole discretion in response to breaches, including temporarily or permanently suspending access or terminating accounts and reporting activity to law enforcement authorities.
6.3 Enforcement is solely at our discretion, and failure to enforce any violations should not be construed as a waiver.
Section 7 – Intellectual Property Rights
7.1 The Site contains content owned or licensed by Company, including, but not limited to, designs, text, graphics, logos, icons, images, audio clips, software, and trademarks (“Company Content”). Company Content is protected under both United States and foreign laws, including copyright, trademark, and other intellectual property laws.
7.2 You may access and use Company Content solely for personal, non-commercial use. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or exploit Company Content without our express written permission. The use of Company Content for any other purpose is strictly prohibited.
7.3 If you provide Feedback, ideas, or suggestions related to the Site or Company Content (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize us to use that Feedback without restriction and without payment to you. Feedback will be considered non-confidential and our property.
7.4 If you believe your intellectual property rights have been violated by content accessible on the Site, please refer to our Intellectual Property Policy or submit a claim here: Hello@frankovitali.com
Section 8 – Links to Third-Party Websites and Services
8.1 The Site may contain links to third-party websites, resources, and services (“Third Party Services”). We provide the links only as a convenience and are not responsible for the content, products, or services on or available from those Third Party Services. Links do not imply our endorsement, sponsorship, or affiliation with the Third Party Services.
8.2 Your access and use of Third Party Services is at your own risk. We are not responsible or liable for the availability, accuracy, legality, appropriateness, or any other aspect of the content, materials, products, or services available through Third Party Services.
8.3 Any dealings you have with third parties found while using the Site are between you and the third party. We are not responsible or liable for any loss.
Section 9 – Indemnification
You agree to defend, indemnify and hold harmless the Company Vitsia Entertainement Group, Inc. Francesco Vitali, www.frankovitali.com , our affiliates, licensors and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, use of any information obtained from the Site, or your violation of any rights of another.
Section 10 – Disclaimer of Warranties
THE SITE WWW.FRANKOVITALI.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, LICENSORS AND SERVICE PROVIDERS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE FOREGOING DISCLAIMER OF WARRANTIES IS A MATERIAL PART OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND IS INTENDED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Section 11 – Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, OUR SUBSIDIARIES, AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY VITSIA ENTERTAINMENT GROUP, INC. and or Francesco Vitali, as well as the site www.frankovitali.com, BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO LIABILITY OR 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 OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Section 12 – Indemnification
You agree to indemnify, defend and hold harmless Company and our affiliates, licensors, and service providers, and each of our and their respective officers, directors, agents, contractors, partners, and employees, from and against any and all claims, demands, losses, obligations, causes of action, payments, costs, or damages, actual or consequential, direct or indirect, and including reasonable attorneys’ fees, arising out of, relating to or accruing from:
- Your use of, or activities in connection with, the Site.
- Any violation or breach of these Terms by you or any third party using your account.
- Any claims that your User Content caused damage to a third party.
- Any activity related to your account by you or by any other person accessing the Site using your account.
Section 13 – Exclusions
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply. In such jurisdictions, the foregoing limitations and exclusions will be applied to the greatest extent permitted by applicable law.
Section 14 – Governing Law
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
Section 15 – Arbitration
Any dispute arising out of or relating to these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be finally settled under the Rules of Arbitration of the American Arbitration Association by one or more arbitrators appointed in accordance with those Rules. Arbitration proceedings will be conducted in English and in Los Angeles County, California unless you and Company agree otherwise. The award rendered shall be final and binding upon both parties. Judgment upon the award may be entered in any court of competent jurisdiction. Should either party bring a court action to contest the arbitration award or its enforcement, the prevailing party shall be entitled to recover its costs, including reasonable attorney fees, incurred in connection and in addition to that.
Section 16 – Limitation on Time to File Claims
Any cause of action or claim you may have to arise from or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Section 17 – Entire Agreement
These Terms and any policies or terms incorporated herein constitute the entire agreement between you and the Company relating to your access to and use of the Site.
Section 18 – Contact Us
If you have any questions about these Terms, don’t hesitate to get in touch with us at:
Vitsia Entertainment Group, Inc.
Attention: Terms & Conditions
468 N Camden Drive, Suite 211
Beverly Hills, CA 90210