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Unbenanntes Dokument

Terms and Conditions of Use
Last update March 8. 2010 © Sandro Del-Prete 2010


• Description of the Website and Membership
• General Acknowledgments and Agreements
• Use of Works
• Restrictions
• Management and Operation of the Website
• Payments
• Membership Account
• Representations and Warranties
• Indemnification
• Limitations and Disclaimer
• Term and Termination
• Effect of Termination
• Suspension
• Miscellaneous

THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CHECKING THE CORRECT BOX AT THE END OF THESE TERMS AND CONDITIONS OF USE (THIS “AGREEMENT”) , YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This Agreement governs your use of the SandroDelprete.com website, including, without limitation, the downloading of photographs, illustrations, images or other pictorial or graphic works (“Works”) from the SandroDelprete.com website, together with all of the foregoing uses and services, to be hereinafter referred to as the “Website”).


1. Description of the Website and Membership
The Website provides, among other things, general information about the Website, a search engine to search for Works on the Website, a process by which visitors can register to become Members, as further described below. Members have the ability to download Works from the Website in accordance with an applicable Content Download Agreement.

When a visitor to the Website registers to become a Member, he or she will select an available user name (“Membership Name”) and a corresponding user password (“Membership Password”) to create a unique, personal Membership Account. During registration, each Member shall be given the opportunity to accept a default country designation (and also language and currency designations pre-determined by Sandro Del-Prete to correspond to such country) based on the IP address from which such Member is accessing the Website. Sandro Del-Prete, in its sole discretion, may provide each Member with the opportunity to specify a country other than the default country (but the language and currency linked to such other country shall be pre-determined by Sandro Del-Prete to correspond to such other country). Once such information is entered during registration, such information cannot be revised later. The Member shall also be required to specify whether he or she is registering as an individual or on behalf of a company or entity (and, if so, the name of the company or entity).

A Member shall download a Work through his or her Membership Account, and such Work shall be subject to an applicable Content Download Agreement based on criteria specified by such Member, and also on criteria specified by Sandro Del-Prete. A Member shall be able to download a Work for a particular use(s) only if he or she pays trough PayPal, and only if he or she agrees to the applicable Content Download Agreement for such Work and such use(s).

2. General Acknowledgments and Agreements
Your use of the Website constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website.
Sandro Del-Prete shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon member notification and publication of such changes on the Website. Your continued use of the Website after the effectiveness of such changes and notice constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website.
If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by Sandro Del-Prete, do not use the Website.
Services on the Website are available only to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Website are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Website. Your Membership Account on the Website may not be sold or otherwise transferred to another person or entity. If your use of the Website is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

3. Use of Works
You may only download Works to or from the Website in accordance with the terms and conditions of this Agreement and of an applicable Content Download Agreement. You may not use, reproduce, distribute, display or create derivative works based on any Works that appear on the Website unless you enter into a Content Download Agreement, and you may do so only to the extent expressly permitted under the terms and conditions of an applicable Content Download Agreement.
You acknowledge and agree that no ownership of any downloadable Works can be transferred, and that only sales through the merchandise section can be effectuated, on or through the Website. Only the rights expressly sublicensed in an applicable Content Download Agreement are granted on or through the Website. You acknowledge and agree that Sandro Del-Prete or its licensors retain all ownership rights in and to the Works, and that such Works are covered and protected by copyright, trademark and other intellectual property rights of Sandro Del-Prete or its licensors.


4. Restrictions
You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including any false identifying information for your Membership Account.

5. Management and Operation of the Website
Sandro Del-Prete reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that Sandro Del-Prete has no obligation to make, or continue to make, the Website or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Sandro Del-Prete). Sandro Del-Prete reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.
You acknowledge and agree that Sandro Del-Prete may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Website. You acknowledge and agree that Sandro Del-Prete may also store personal information about you on its computers within Switzerland. By using this Website you acknowledge and agree that Sandro Del-Prete may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any Work violates the rights of third-parties; or to protect the rights, property, or personal safety of Sandro Del-Prete, its users or the general public.

6. Payments
Transactions on the Website, including downloads of Works, shall be conducted in accordance with Sandro Del-Prete's Standard pricing and payment policies and subject to any amounts that may be owed to Sandro Del-Prete with respect to such transactions.
You can pay by using a credit card or an online payment account such as PayPal, and you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize Sandro Del-Prete to charge the designated credit card or online payment account for the total amount of the purchase, including any sales or similar taxes.

7. Membership Account
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided by Sandro Del-Prete to you, and the Membership Password selected by you and approved by Sandro Del-Prete for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.
You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and Corresponding Password, and that Sandro Del-Prete may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Website.

8. Representations and Warranties
In addition to the representations and warranties you have made above, each of Sandro Del-Prete and you hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.

9. Indemnification
You agree to indemnify, defend and hold harmless Sandro Del-Prete, its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnities”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Work or other material or content whether or not intentional. Sandro Del-Prete shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Sandro Del-Prete in the defense of any such claim, action or matter.

10. Limitations and Disclaimer
You agree that neither Sandro Del-Prete, its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, SANDRO DEL-PRETE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WWW.SANDRODELPRETE.COM WEBSITE OR THE SERVICES ON THE WWW.SANDRODELPRETE.COM WEBSITE, OR ANY WORKS OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE WWW.SANDRODELPRETE.COM WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY WORKS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.

11. Term and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 11. Sandro Del-Prete at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to Sandro Del-Prete. In the event termination is by Sandro Del-Prete, Sandro Del-Prete shall notify you of such termination. Sandro Del-Prete reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.

12. Effect of Termination
Upon any termination of this Agreement your Membership Account shall be canceled and closed and your Membership Name and Membership Password shall be deactivated;

Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as a Content Download Agreement. The provisions of Sections 7, 9, 10, 12 and 14 shall survive the termination of this Agreement.

13. Suspension
Sandro Del-Prete reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time.

14. Miscellaneous
This Agreement shall be governed by and construed in accordance with Swiss law, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of Switzerland, and you and Sandro Del-Prete each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.


The relationship between Sandro Del-Prete and you under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint ventures, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.
No waiver on the part of Sandro Del-Prete to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Sandro Del-Prete to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Sandro Del-Prete shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.
This Agreement shall be inure to the benefit of, and be binding upon, Sandro Del-Prete and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Del-Prete and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Whenever the context so requires, the singular number shall include the plural and vice-versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.
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Content download agreement (Standard License)
• No Sale
• Sublicense
• Restrictions
• Payments and Pricing
• Ownership and Retention of Rights
• Representations and Warranties
• Indemnification
• Limitations and Disclaimer
• Term and Termination
• Effect of Termination
• Miscellaneous

This agreement (this "Agreement") shall be binding upon Sandro Del-Prete and any member (the "Non-Exclusive Downloading Member") who downloads a photograph, illustration, image or other pictorial or graphic work (the "Work") from the SandroDel-Prete.com website. The Non-Exclusive Downloading Member acknowledges and agrees that he or she shall be bound by the terms and conditions of this Agreement and that this Agreement applies to each Work that the Non-Exclusive Downloading Member downloads.

1. No Sale
The Non-Exclusive Downloading Member acknowledges and agrees that this Agreement does not effectuate any sale of the Work. Except for the rights specifically sublicensed under this Agreement, the Non-Exclusive Downloading Member shall not have any right, title or interest in or to, and in any event shall have no ownership of, the Work, including any copyright and other intellectual property rights.

2. Sublicense
Subject to the terms and conditions of this Agreement, Sandro Del Prete hereby grants to the Non-Exclusive Downloading Member a non-exclusive, for 5 years, worldwide, non-transferable sublicense to use, reproduce or display the Work an unlimited number of times, if not otherwise specified, in the authorized media solely for (a) personal or educational purposes and (b) in connection with the operation of a business. However, the Non-Exclusive Downloading Member shall have no right to sell or distribute for sale the Work or any reproductions thereof, whether alone or incorporated or together with or onto any item of merchandise or other work of authorship, in any media or format now or hereafter known which primary value lies in the Work itself. The Non-Exclusive Downloading Member shall have no right to grant further sublicenses. The Non-Exclusive Downloading Member shall have the right to transfer files containing the Work or permitted derivative works to direct clients, customers, and employees, or have the Work reproduced by subcontractors, provided that such subcontractors agree to abide by the restrictions of this agreement. In the normal course of workflow, the Non-Exclusive Downloading Member may also convey to a third party (such as a printer) temporary copies of the Work that are integral to the work product and without which the work product could not be completed. Third parties and subcontractors shall have no further or additional rights to use the Work and cannot access or extract it from any other file provided. The Non-Exclusive Downloading Member may create a digital library, network configuration or similar arrangement to allow the Work to be viewed by their employees, partners and clients. The Non-Exclusive Downloading Member shall pay to Sandro Del-Prete a sublicense fee in accordance with Sandro Del-Prete"s Standard pricing and payment policies . Notwithstanding anything to the contrary contained in this Agreement, with respect to electronic formats, the Non-Exclusive Downloading Member’s reproduction, distribution or display of the Work shall be limited to a resolution of 640 x 480 pixels and 72 dpi in website uses (regardless of the resolution of the Work available for downloading from the SandroDelprete.com website), and shall be limited to the resolution available for downloading from the SandroDelPrete.com website in other electronic uses. For clarification purposes but subject to the foregoing restrictions, it is intended that this sublicense shall permit use, reproduction and display of the Work in or for a business, display in an office or another place of the business.

3. Restrictions
Notwithstanding anything to the contrary contained in this Agreement, and without limitation to any aforementioned restrictions, the Non-Exclusive Downloading Member acknowledges, agrees and warrants that he or she shall not:
(a) sub-license, sell, assign, convey or transfer any of it"s rights under this agreement. Sell, license or distribute the Work or any modified Work as stand-alone files or as part of an online database or any other database, or any derivative product containing the Work in such way that would allow a third party to download, extract or access the Image as a stand-alone file;
(b) share the Work with any other person or entity except as expressly permitted under this Agreement;
(c) post the Work online in downloadable format, post the Work on an electronic bulletin board, or enable the Work to be distributed via mobile telephone devices. Include the Work in any electronic template or application, including those that are web based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to website design, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter;
(d) download or store the Work on more than one computer at the same time, except that the Non-Exclusive Downloading Member may make a single backup copy to be stored on media separate from the single permitted computer;
(e) use, reproduce, distribute or display the Work in connection with design template applications intended for resale;
(f) use, reproduce, distribute or display the Work in connection with any goods or services intended for resale or distribution which primary value lies in the work itself, including, without limitation, mugs, t-shirts, posters, greeting cards, posters or other merchandise, and any of the foregoing in "print on demand" or tangible or electronic formats, as applicable;
(g) use, reproduce, distribute or display the Work (including, without limitation, by itself or in combination with any other work of authorship) in any manner that is libelous or slanderous or otherwise defamatory, obscene or indecent;
(h) remove any notice of copyright, trademark or other intellectual property right, or other information that may appear on, embedded in, or in connection with the Work in its original downloaded form, it being understood that the Non-Exclusive Downloading Member shall reproduce any and all such notices in any backup copy of the file comprising the Work that the Downloading Member makes;
(i) incorporate the Work into a trademark or service mark;
(j) take any action in connection with the Work that violates any law, regulation or statute in an applicable jurisdiction;
(k) Use the Work in an editorial manner, without the following credit adjacent to the Image: "© [Photographer's name] / [Name of the agency providing the Image].;
(l) take any action in connection with the Work that violates or infringes the intellectual property or other rights of any person or entity, including, without limitation, the moral rights of the creator of the Work and the rights of any person who, or any person whose property, appears in the Work; or
(m) take any action in connection with the Work that associates it or the creator of the Work, or the persons or property appearing in the Work (if any), with any political, religious, economic or other opinion-based movements or parties.
(n) use the Work in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to:
(1) the use of Images in pornography;
(2) tobacco ads;
(3) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services;
(4) political endorsements;
(5) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.

4. Payments and Pricing
As indicated above, the Non-Exclusive Downloading Member shall pay to Sandro Del-Prete a sub-license fee in accordance with Sandro Del-Prete's Standard pricing and payment policies .

5. Ownership and Retention of Rights
The Non-Exclusive Downloading Member acknowledges and agrees that Sandro Del-Prete and/or its licensor retains all rights, title and interest in and to the Work (except for the rights granted pursuant to this Agreement), and that neither title nor any ownership interest in or to the Work is transferred to the Non-Exclusive Downloading Member by virtue of this Agreement. Sandro Del-Prete and/or its licensor (as applicable) shall also retain the right to use, reproduce or display the Work solely to demonstrate the Work as part of his or her professional portfolio. Without any limitation to any other rights that Sandro Del-Prete may retain, Sandro Del-Prete shall continue to have the right to use the Work for internal archival and reference purposes.

6. Representations and Warranties
In addition to the representations and warranties made by the Non-Exclusive Downloading Member above, each of Sandro Del-Prete and the Non-Exclusive Downloading Member hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.

7. Indemnification
The Non-Exclusive Downloading Member agrees to indemnify, defend and hold harmless Sandro Del-Prete, its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, "Indemnities") from and against all claims, expenses (including attorney fees) or other liability arising from the Non-Exclusive Downloading Member’s breach of any of his or her representations, warranties or obligations under this Agreement, and from any and all uses of the Work, including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or "false light", right of publicity or blurring or distortion or alteration whether or not intentional. Sandro Del-Prete shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by the Non-Exclusive Downloading Member with counsel of its own choosing. The Non-Exclusive Downloading Member shall fully cooperate with Sandro Del-Prete in the defense of any such claim, action or matter.

8. Term and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 8. Sandro Del-Prete may at any time terminate this Agreement with respect to any Work in the event of any breach by the Non-Exclusive Downloading Member of any of his or her representations, warranties or obligations under this Agreement. The Non-Exclusive Downloading Member may at any time terminate this Agreement. Each of Sandro Del-Prete and the Non-Exclusive Downloading Member shall notify the other in the event it, he or she terminates this Agreement. Sandro Del-Prete shall also have the right, in its sole discretion, to deny the downloading of any Work from the SandroDelprete.com website. Upon termination of a license for any particular Work, the Non-Exclusive Downloading Member shall immediately cease using such Work, destroy, or upon the request of Sandro Del-Prete return the Work to Sandro Del-Prete, delete or remove the Work from its premises, computer systems and storage (electronic and physical), and shall ensure that its clients and customers do likewise.

9. Effect of Termination
Upon the termination of this Agreement, the Non-Exclusive Downloading Member shall cease using the Work and destroy all copies of the Work, and all derivative works and related materials (if any), in his or her possession or control. At Sandro Del-Prete"s request, the Non-Exclusive Downloading Member shall certify in writing to such destruction of the Work, derivative works and/or related materials. Termination of this Agreement shall not relieve the Non-Exclusive Downloading Member from any payment obligations that may have arisen prior to such termination. The provisions of Sections 1, 4, 5, 6, 7, 9 and 10 shall survive the termination of this Agreement.

10. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the federal or state courts of Switzerland, and the Non-Exclusive Downloading Member and Sandro Del-Prete each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.
The relationship between Sandro Del-Prete and the Non-Exclusive Downloading Member under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint ventures, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner.
The Non-Exclusive Downloading Member agrees that he or she shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with the license granted to him or her under this Agreement.


No waiver on the part of Sandro Del-Prete to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Sandro Del-Prete to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
Sandro Del-Prete shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. The Non-Exclusive Downloading Member shall have no right to assign any of his or her rights or obligations under this Agreement.
This Agreement shall be inure to the benefit of, and be binding upon, Sandro Del-Prete and the Non-Exclusive Downloading Member, and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Sandro Del-Prete and the Non-Exclusive Downloading Member, and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other.
If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect.
The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement
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Privacy Policy
• Users
• Type of Information Collected
• Cookies
• Third Parties
• How Your Information is Used
• Protecting Your Personal Information
• Your Choice
• Disclosures
• Notification of Changes
• Disputes

This Privacy Policy, as amended from time to time (the “Policy”), governs Sandro Del-Prete’s collection and use of your personal information. By using the site you consent to the collection, use and disclosure of your personal information in accordance with this Policy. This Policy is governed by the laws of the State of Switzerland irrespective of your location. If you have questions related to our Policy, please contact us.

Sandro Del-Prete info@sandrodelprete.com

1. Users
This website is intended for adults. If you are between the ages of 13 and 18, please ask your parent or legal guardian for permission before you enter Sandro Del-Prete’s site.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS:
SANDRO DEL-PRETE DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MUST NOT USE THIS WEBSITE. PLEASE DO NOT SEND SANDRO DEL-PRETE ANY PERSONAL INFORMATION INCLUDING YOUR EMAIL, NAME AND/OR CONTACT INFORMATION. IF YOU WANT TO CONTACT SANDRO DEL-PRETE, YOU MAY ONLY DO SO THROUGH YOUR PARENT OR LEGAL GUARDIAN.


2. Type of Information Collected
When you visit this site, we may collect certain non-personal information such as your Internet Protocol (“IP”) address, browser type, and operating system. This type of information does not identify you personally. When you register on the SandroDel-Prete.com website, we may also collect the personal information that you submit such as your name, address, email address, credit card numbers, and country of origin (“Registration Information”).
We may also collect non-Registration Information from our users, including the number of downloads on the site, profile changes, content changes, and forum activity. Sandro Del-Prete uses an outside third party credit card processing company to bill you for your purchases or compensate you for your uploads, which may in some instances include the storage of your personal information by the third party, such as your credit card number. Additionally, Sandro Del-Prete may track copyright infringement claims through its membership management module. Information related to copyright infringement claims may be stored by Sandro Del-Prete.

3. Cookies
When you visit our site, you may search and review certain information without disclosing your identity. We may use cookies to manage a visitor’s session and to enable registered users to utilize the “remember me” function. Cookies may be used irrespective of whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The type of information a cookie collects includes the date and time you visited, your browsing history, your preferences, and your username.
In some instances, our third party service providers may use cookies on our site. We cannot control or access cookies used by third party service providers. This Policy covers only cookies used by Sandro Del-Prete, and not any cookies used by third parties.
You have the ability to either accept or decline the use of cookies on your computer. Typically, you can configure your browser to not to accept cookies, however, declining the use of cookies may limit your access to certain features of the Sandro Del-Prete website. For example, you may have difficulty logging in or using certain payment features but you should be able to experience the basic functions on Sandro Del-Prete’s site, even if you decline the use of cookies.

4. Third Parties
Sandro Del-Prete uses third party service providers such as Pay Pal to process purchases made on our site. In addition, our website may occasionally contain links to other sites. If you click on these links, you leave the Sandro Del-Prete.com site and we are not responsible for the content or the security of your personal information when using the other site. These sites may have their own privacy policies governing the storage and retention of your personal information. They may collect information such as your name, mailing address, IP address, browser specifications, and credit card number. This Policy does not govern personal information provided to, stored on, or used by third party sites. We recommend that when you enter a third party site, you review the third party’s privacy policy as it relates to safeguarding your personal information.

5. How Your Information is used
Sandro Del-Prete may use your personal information to:
• Verify a user’s identity for security purposes
• Create and manage your membership account
• Process your transactions
• Provide customer services
• Display services or offers that may be of interest to you.
• Monitor our users’ downloads, changes in profiles, and forum participation.
• To communicate with you about your transactions, new products and services

We may also convert your information into anonymous data in order to help us monitor traffic on our site. For example, we may also use the personal information disclosed to us to assist you with technical difficulties you may experience while using our site. We may share your personal information and the demographic information we have collected with our third party service providers.

6. Protecting Your Personal Information
As a valued customer, we recognize that protecting your privacy is important to you. For this reason, Sandro Del-Prete is committed to protecting your personal information in several ways. Our servers are only accessible to a select number of authorized personnel. Your Registration Information is protected by a unique customer password and user ID, and your password is encrypted. You should not disclose your password information to anyone and you should always remember to log off if using a shared computer. We also use secure socket layer technology (SSL) for specific types of information, such as your login and payment information. We may retain your personal information for as long as is required to fulfill our business objective.
Additionally, the personal information collected by Sandro Del-Prete may be stored and processed in a country other than your home country. By providing us with your personal information and using the SandroDelprete.com site, you are consenting to any such transfer of information outside of your home country.
We have taken certain security protections in safeguarding your personal information. However, as with most electronic transactions, no method is 100% safe. While we strive to use a commercially acceptable means to protect your personal information, we cannot guarantee its security. Therefore, Sandro Del-Prete assumes no liability regarding the theft, loss, alteration or misuse of personal or other information, including without limitation such information that we have provided to third parties, or with regards to the failure of a third party to abide by the privacy policy or agreement between Sandro Del-Prete and a third party.

7. Your Choice
You may review and change the information you provide to us by going to the “My Profile” section of the site. You may opt out of receiving our newsletters when you register with SandroDelprete.com. By opting out, you will no longer receive certain special offers or promotions. We may continue to send you any legally required notifications and certain notifications, including but not limited to service related notices or notices regarding a change to any of Sandro Del-Prete’s policies (“Required Notices”). For example, we may send you a notice regarding server problems or scheduled website maintenance. In order to opt-out of receiving Required Notices, you may need to deactivate your account.

8. Disclosures
On rare occasions, Sandro Delprete.com may be required to disclose your personal information due to legal or regulatory requirements. In such instances, we reserve the right to disclose your personal information as required in order to comply with Sandro Del-Prete’s legal obligations, including but not limited to, complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests.

9. Notification of Changes
We reserve the right to change this Policy from time to time, and at our sole discretion. You should make note of the “last updated date” at the beginning of this Policy. With this information, you should be able to identify if the Policy has been updated recently.
Please note that if you have limited your account preferences, we will not change your preferences without your consent. If substantially all of Sandro Del-Prete’s assets are sold or merged with another company, Sandro Del-Prete will notify you of the transaction. The acquiring company will be given access to your personal information without your consent. If Sandro Del-Prete sells only a part of its business, the acquiring entity will have access to your personal information without your consent and Sandro Del-Prete may send you a notice regarding this sale.

10. Disputes
Any disputes regarding your privacy are subject to this Privacy Policy and Sandro Del-Prete’s Terms and Conditions, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law.
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