Dear user/visitor, please read carefully these ToU (ToU) of our website (gomusubi.com)(hereinafter referred to as the "Website").
The ToU govern your access to and use of the Website. Your access to and the use of the Website mean that You/the legal entity You represent agree with the ToU.
If You do not agree with the ToU, please cease from or stop using or accessing to the Website.
The use of the terms, "we", "us" and "our" are referred to Musubi S.r.l. (hereinafter also referred to as "Musubi").
1. User Eligibility
The Website is provided by Musubi S.r.l. and available only to entities and persons over the age of legal majority who can enter legally binding agreements under applicable law. If You do not qualify, You are not permitted to use the Website.
2. Scope of ToU
2.1 These ToU govern Your use of the Website and all applications, software, and services (hereinafter collectively referred to as the "Services") available on the Website, except to the extent such Services are the subject of a separate agreement (e.g. the registration as a member of the marketplace - if You want to register, please go to this link)
2.2 Specific terms and conditions may apply to the use of certain Services. Should this be the case, before You take advantage of such Services, You will have to accept the applicable terms and conditions.
3.1 Musubi may revise and update these ToU at any time. Your continued usage of the Website after any changes to these ToU will mean You accept those changes.
3.2 Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Musubi.
3.3 Musubi may also change or impose fees for products and services provided through the Website at any time at its sole discretion.
3.4 Musubi may establish or change, at any time, general practices and limits concerning other products and/or services at its sole discretion.
4. Musubi Marketplace's Terms and Conditions The terms and conditions applicable to the Musubi Marketplace are available at this link.
5. Information Submitted Through the Website and the Services
5.1 Your submission of information through the Website and the Services is governed by these ToU.
5.2 You represent and warrant that any information You provide through the Website or the Services is and will remain accurate and complete, and that You will maintain and update such information as needed.
5.3 You may not provide third-parties' personal information (meaning natural persons' information) through the Website. In the event that such information are provided, with respect to any individual whose personal information is provided by You to Musubi through the Website and the Services, You represent to Musubi that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
6. License and Ownership
6.1 Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of Musubi, its affiliates or third parties. The Content is protected by copyright and other laws in both Italy, Mexico and other countries.
6.2 Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of Musubi, its affiliates or other entities that have granted Musubi the right and license to use such Marks (or such use is permitted by applicable law even without any license) and may not be used or interfered with in any manner without the express written consent of Musubi.
6.3 Except as otherwise expressly authorized by these ToU, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Musubi's or the appropriate third party's prior written permission. Except as expressly provided herein, Musubi does not grant to You any express or implied rights to Musubi's or any third party's Intellectual Property.
6.4 Musubi grants You a limited, personal, nontransferable, non sub licensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by Musubi, and (b) access and use the Musubi computer and network services offered within the Website (the "Musubi Systems") only in the manner expressly permitted by Musubi.
6.5 Except for this limited license, Musubi does not convey any interest in or to the Musubi Systems, information or data available via the Musubi Systems (the "Information"), Content, Services, Website or any other Musubi property by permitting You to access the Website.
6.6 Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Musubi. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Musubi.
7. Restrictions on Use of the Website
In addition to other restrictions set forth in these ToU, You agree that:
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Musubi.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Website are restricted to customers of Musubi.
(f) You may not use or access the Website or the Musubi Systems or Services in any way that, at Musubi's sole discretion, adversely affects the performance or function of the Musubi Systems, Services or the Website or interferes with the ability of authorized parties to access the Musubi Systems, Services or the Website.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Musubi.
8.2 Inbound Links. Linking to any page of the Website other than to https://gomusubi.com/ through a plain text link is strictly prohibited in the absence of a separate linking agreement with Musubi. Any website or other device that links to https://gomusubi.com/ or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Musubi or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Musubi or any of its affiliates, (e) presenting false information about Musubi's products or services, and (f) using any logo or mark of Musubi or any of its affiliates without express written permission from Musubi.
Musubi does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Musubi and its affiliates are under no obligation to keep such information confidential, and (c) Musubi will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
10.1 You agree that Musubi, in its sole discretion, may terminate or suspend Your use of the Website, the Musubi Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.
10.2 Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content.
10.3 You agree that Musubi shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the Musubi Systems, Information and/or the Services.
11. Disclaimer of Warranties
11.1 Musubi makes no representation about the result to be obtained from using the Website, theMusubi Systems, the Services, the Information or the Content. The use of same is at Your own risk.
11.2 The Website, the Musubi Systems, the Services, the Information or the Content are provided on an "as is" basis. Musubi, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
11.3 Musubi and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the Content, Information or Services
provided on or through the use of the website or the Musubi Systems.
11.4 No information obtained by You from the Website shall create any warranty not expressly stated by Musubi in these ToU.
11.5 Should the limitation of warranties and liability set forth in this article be not applicable, You agree that Musubi's liability be in the lower amount provided for by applicable law.
12. Limitation of Liability
12.1 To the extent permitted by applicable law and to the extent that Musubi is otherwise found responsible for any damages, Musubi is responsible for actual damages only.
12.2 To the extent permitted by law, in no event shall Musubi, its affiliates, its licensors, its suppliers or any third parties mentioned at the Website be liable for any incidental, indirect, exemplary and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website, the Musubi Systems, Information, Services or the Content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Musubi is advised of the possibility of such damages.
12.3 To the extent permitted by law, the remedies stated for You in these ToU are exclusive andare limited to those expressly provided for in these ToU.
12.4 Musubi’s liability will not exceed the fees paid for the Services and/or for the use of the Website and/or Musubi Systems, or one hundred Euros (€ 100.00) if no such fees have been paid, as applicable. Should this limitation of liability not be applicable, the payable damages to Members shall be equal to the minimum amount provided for by applicable law.
13. Governing Law, Language and Jurisdiction
13.1 To the fullest extent permitted by law, these ToU are governed by Italian law.
13.2 Should these ToU be translated into other languages, the English version shall prevail.
13.3 All disputes arising in connection with this ToU, their interpretation, performance or termination shall be exclusively submitted to the Court of Milan.
13.4 Any claim concerning Website, the Musubi Systems, the Services, the Information or the Content and any other contractual relationship between You and Musubi shall be exclusively submitted to the Court of Milan.
14. General Provisions
14.1 You may not assign these ToU or any of Your interests, rights or obligations under these ToU.
14.2 If any provision of these ToU is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these ToU, which shall remain in full force and effect.
14.3 No waiver of any of these ToU shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
15. Customer Service
Questions or comments regarding the Website may be submitted to Musubi's Customer Service available here.