Terms of service

Acceptance and Modification of the Terms of Use

Access to the website ("Site") of Ernani S.r.l. and its trademark licensees (each individually and/or collectively referred to hereinafter as "Ernani"), use of the Site and the interactive services permitted from time to time by the Site ("Services"), and any legal transactions concluded through it are governed by these Terms of Use ("Terms"), presuppose that you have read and understood the Terms and Conditions, and imply your acceptance thereof.

The Terms and Conditions may be modified or updated from time to time by Ernani, in whole or in part. Modifications and updates to the Terms and Conditions will be binding upon publication in the relevant section of the Site.

To stay informed of any changes or updates, we therefore invite you to regularly access this section to check for the most recent and updated versions of the Terms and Conditions.

Ernani may interact with users on third-party sites to post content or invite users to comment, such as www.facebook.com/ernani or www.twitter.com/ernani ("Third-Party Sites"). The Terms govern the Services even when they are provided through Third-Party Sites. However, please note that Ernani does not control Third-Party Sites and that these Terms do not apply to companies that are not owned or controlled by Ernani, or to the actions of individuals that Ernani does not employ or control. Therefore, you should always review the terms of use posted on Third-Party Sites.

Intellectual Property Rights

The contents of the Site, including but not limited to the works, images, photographs, dialogues, music, sounds, videos, text, and any other material in any format, including but not limited to menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions, and software (individually and/or collectively, "Rights"), and the related distinctive signs, trademarks, and/or logos, are the exclusive property of Ernani, either exclusively available to Ernani or otherwise licensed to Ernani. The Rights are protected by copyright. The Rights may not be reproduced, distributed, sold, transferred, or modified in any way or form, even partially, except as specifically provided.

In the event that URLs relating to specific content are provided on the Site, users may use the relevant codes only for their own direct, personal, and private use, provided that such use is not for directly or indirectly commercial and/or profit-making purposes.

Any use of the codes and/or Rights in violation of the limitations set forth in these Terms, or otherwise contrary to the law, is unlawful and will therefore be prosecuted by Ernani. The trademarks and logos, including domain names, are the exclusive property of Ernani. Said trademarks, logos, and domains may not be used in any way without the prior written consent of Ernani.

Content Liability

You are solely responsible for all content you upload, post, email, or otherwise transmit to the Site and Third Party Sites, through the Services, or otherwise, including product ratings and reviews, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, videos, messages, reviews, forum posts, comments, questions, answers, and any other materials (each, "Content" and collectively, "Content").

Content and Limitation of Liability

Ernani provides the Site and Services and all other applications and services contained on the Site and hosted on Third Party Sites solely as a forum. Ernani is not responsible for the statements, representations, or content provided by its users in public forums on the Site or such Third Party Sites, including those provided through the Services. You may access the Content and any other content on the Site only as permitted in these Terms and the Privacy Policy, and you agree not to use, copy, or distribute any of the Content other than as expressly permitted in these Terms.

Except as otherwise specified on the Site and in the Privacy Policy, by submitting Content to Ernani, you represent and warrant that:

  • You have agreed to participate in a public forum;
  • The Content will be available to all other users of the Site and potentially on Third Party Sites;
  • You are the sole author and owner of the intellectual property rights and other rights contained in the Content (or have the necessary 

    You hereby grant and authorize Ernani to use all intellectual property rights and other related rights to enable the publication and use of the Content as intended on the Site and Third Party Sites; and

  • you agree to voluntarily waive any "moral rights" in such Content and not to request that any personally identifiable information be used in connection with the Content you submit, and any derivative works, improvements, or updates thereof.

     

You further represent and warrant that any Content you submit:

  • Is not false, inaccurate, or misleading;
  • Does not infringe any copyright, patent, trademark, trade secret, or other intellectual property right, or any right of publicity or privacy of any person or entity;
  • Does not violate any obligation with respect to such Content under any law or contractual or fiduciary relationship;
  • Does not violate any law, statute, ordinance, or regulation (including, but not limited to, export control, consumer protection, unfair competition, or derogatory or false advertising);
  • Is not, or could not reasonably be considered, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously oriented, or offensive, abusive, tortious, threatening, or harassing to any individual, company, or association;
  • Is not sent with the expectation of compensation or other consideration from a third party unless otherwise provided and specifically consented to in writing by Ernani;
  • Contains no information that references other websites, addresses, email addresses, contact information, or telephone numbers;
  • Complies in all respects with these Terms and the Privacy Policy;
  • Does not constitute unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," chain letters, "pyramid schemes," or any other form of solicitation;
  • Does not contain any software, worms, or other potentially harmful programs or files.

Ernani does not endorse any User Content, opinions, recommendations, or advice, and Ernani disclaims any liability with respect to User Content.

If Content includes ideas, suggestions, documents, or proposals submitted to Ernani through the Services, (a) such content is not confidential or proprietary, and Ernani has no obligation of confidentiality, express or implied, with respect to it; (b) Ernani may already own similar content or content in development; and (c) under no circumstances will you be entitled to any compensation, payment, or reimbursement of any kind from Ernani for such Content without Ernani's prior written consent.

For any Content you submit, you grant Ernani a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and fully transferable license to use, reproduce, communicate, distribute, copy, modify, delete, edit, adapt, publish, translate, publicly display and perform, use, create derivative works from, and/or sell and/or distribute such Content and/or incorporate such Content in any form, media, or technology now known or later developed, throughout the world, without compensation to you. This license will survive termination of these Terms and your use of the Site or Third Party Sites.

Service Guidelines

We value your interaction with us and strongly encourage you to contribute comments, ratings, reviews, opinions, ideas, questions and answers, images, videos, recipes, stories, and other content. To participate constructively in the Services, please consider the following guidelines:

  • Be respectful. Everything you post should be positive and appropriate for viewing by all users of the Site and Third Party Sites.
  • Stay on topic. Relevant and insightful contributions enhance the overall experience on the Site and Third Party Sites.
  • Be honest. Ernani requires users to be truthful in their participation, contributing Content that is accurate and based on their individual experience.

You may not use the Services to impersonate any person or entity, including, without limitation, any Ernani representative, forum administrator, guide, or host, or to falsely state or otherwise misrepresent your affiliation with another person or company.

All User Content is moderated and subject to these Terms. Ernani reserves the right not to post or repost any User Content. 

Any Content may be removed for any reason. Any Content that violates the provisions of these Terms regarding the submission of Content in general will not be considered.

Links to Other Websites

The Site may contain text links ("Links") to other websites that are in no way connected to the Site. Ernani does not control or monitor such websites, their content, or their policies. Any links to other websites should not be construed in any way as promotion by Ernani of such websites and/or the content published therein.

Cookies

Cookies may be present on the Site to improve user experience. Users who prefer not to receive cookies can set their browser to warn them of the presence of cookies and then decide whether to accept them. The browser can also be set to automatically reject all cookies; In this case, however, you may not be able to access all the services available on the Site.

Limitation of Liability

You acknowledge and agree that your access to and browsing of the Site is entirely at your own risk and under your sole responsibility. You agree to defend, indemnify, and hold harmless Ernani (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) from any and all claims, demands, losses, liabilities, costs, expenses, obligations, and damages of every kind and nature, known and unknown, including any attorneys' fees, arising from (a) your use of and access to the Site and the Services; (b) your violation of any term of these Terms; (c) your breach of the above representations and warranties regarding the Content; (d) your violation of any law or third-party rights (including, but not limited to, any copyright, intellectual property, or privacy right); or (e) any claim for any Content submitted that has caused damage to a third party. This indemnity obligation shall apply even in the event of termination of these Terms and your use of the Site and Services.

You further acknowledge and agree that the Site is provided "as is" and "as available" and may be temporarily inaccessible or otherwise contain defects that could impair your navigation of the Site and use of the Services.

Ernani shall not be liable for any loss or damage arising from or in any way connected with the use or operation of the Site and the Services, including, without limitation, damages for loss of business, loss of profits, business interruption, loss of business information, and/or any other pecuniary loss.

Registration

Access and registration to the Site and the Services is reserved exclusively for users over the age of 18.

The user undertakes to provide the personal information requested during registration ("Personal Data"), ensuring that it is current, complete, and truthful, and to promptly update it and maintain its confidentiality.

The user is responsible for safeguarding the password used to access the Site and Services and for any activities or actions for which their password is used. False personal information will not be provided on the Site or accounts created for anyone other than their own without authorization.

Allergens

Caffè Ernani provides allergen information on the relevant page of the site.

Governing Law

The Terms are governed by Italian law without regard to any conflict of laws provisions in the state or country of residence of the user. All actions, disputes, claims, or proceedings relating to the Site and user Services will be subject to the exclusive jurisdiction of the Court of Milan.

These Terms of Use for the Website were last updated on May 24, 2018.

Ernani Srl
Via Don Luigi Sturzo, 19 – 20832 Desio (MB) Italy
P.I. and Fiscal Code 09016360969
REA MB – 1900833
Share capital €10,000 fully paid-up

Acceptance and Modification of the Terms of Use

Access to the website ("Site") of Ernani S.r.l. and its trademark licensees (each individually and/or all collectively referred to hereinafter as "Ernani"), use of the same and of the interactive services permitted from time to time by the Site ("Services"), and any legal transactions concluded through it are governed by these Terms of Use ("Terms"), presuppose that you have read and understood the Terms and imply your acceptance thereof.

The Conditions may be modified or updated from time to time, in whole or in part, by Ernani. Modifications and updates to the Conditions 

Terms and Conditions will be binding upon publication in the relevant section of the Site.

To stay informed of any changes or updates, we therefore invite you to regularly access this section to check for the most recent and updated terms and conditions.

Ernani may interact with users on third-party sites to post content or invite users to comment, such as www.facebook.com/ernani or www.twitter.com/ernani ("Third-Party Sites"). The Terms and Conditions govern the Services even when they are provided through Third-Party Sites. However, it should be noted that Ernani does not control Third-Party Sites and that these Terms and Conditions do not apply to companies that are not owned or controlled by Ernani, or to the actions of persons that Ernani does not employ or control. Therefore, you are advised to always review the terms and conditions published on Third-Party Sites.

Intellectual Property Rights

The contents of the Site, including but not limited to the works, images, photographs, dialogues, music, sounds, videos, text, and any other material in any format, including but not limited to menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions, and software (individually and/or collectively, "Rights"), and the related distinctive signs, trademarks, and/or logos, are the exclusive property of Ernani, either exclusively available to Ernani or otherwise licensed to Ernani. The Rights are protected by copyright. The Rights may not be reproduced, distributed, sold, transferred, or modified in any way or form, even partially, except as specifically provided.

In the event that URLs relating to specific content are provided on the Site, users may use the relevant codes only for their own direct, personal, and private use, provided that such use is not for directly or indirectly commercial and/or profit-making purposes.

Any use of the codes and/or Rights in violation of the limitations set forth in these Terms, or otherwise contrary to the law, is unlawful and will therefore be prosecuted by Ernani. The trademarks and logos, including domain names, are the exclusive property of Ernani. Said trademarks, logos, and domains may not be used in any way without the prior written consent of Ernani.

Content Liability

You are solely responsible for all content you upload, post, email, or otherwise transmit to the Site and Third Party Sites, through the Services, or otherwise, including product ratings and reviews, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, videos, messages, reviews, forum posts, comments, questions, answers, and any other materials (each, "Content" and collectively, "Content").

Content and Limitation of Liability

Ernani provides the Site and Services and all other applications and services contained on the Site and hosted on Third Party Sites solely as a forum. Ernani is not responsible for the statements, representations, or content provided by its users in public forums on the Site or such Third Party Sites, including those provided through the Services. You may access the Content and any other content on the Site only as permitted in these Terms and the Privacy Policy, and you agree not to use, copy, or distribute any of the Content other than as expressly permitted in these Terms.

Except as otherwise specified on the Site and in the Privacy Policy, by submitting Content to Ernani, you represent and warrant that:

  • You have agreed to participate in a public forum;
  • The Content will be available to all other users of the Site and potentially on Third Party Sites;
  • You are the sole author and owner of the intellectual property rights and other rights contained in the Content (or you have the necessary licenses, rights, consents, and authorizations to use and authorize Ernani to use all intellectual property rights and other related rights to enable the publication and use of the Content as intended on the Site and Third Party Sites); and
  • you agree to voluntarily waive any "moral rights" in such Content and not to request that any personally identifiable information be used in connection with the Content you submit, and any derivative works, improvements, or updates thereof.

You further represent and warrant that any Content you submit:

  • Is not false, inaccurate, or misleading;
  • Does not infringe any copyright, patent, or other proprietary right.
  • Is not, or could reasonably be considered, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously offensive, or offensive, abusive, tortious, threatening, or harassing to any individual, corporation, or association;
  • Is not submitted with the expectation of compensation or other consideration from a third party unless otherwise provided and specifically consented to in writing by Ernani;
  • Does not contain any information that refers to other websites, addresses, email addresses, contact information, or telephone numbers;
  • Complies fully with these Terms and the Privacy Policy;
  • Does not constitute unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," chain letters, "pyramid schemes," or any other form of solicitation;
  • Does not contain any software, worms, or other potentially harmful programs or files.

Ernani does not endorse any User Content, opinions, recommendations, or advice, and Ernani disclaims any liability with respect to User Content.

If the Content includes ideas, suggestions, documents, or proposals submitted to Ernani through the Services, (a) such content is not confidential or proprietary, and Ernani has no obligation of confidentiality, express or implied, with respect thereto; (b) Ernani may already have similar content or content in development; and (c) under no circumstances will you be entitled to any compensation, payment, or reimbursement of any kind from Ernani for such Content without Ernani's prior written consent.

For any Content you submit, you grant Ernani a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, communicate, distribute, copy, modify, delete, edit, adapt, publish, translate, publicly display and perform, use, create derivative works from, and/or sell and/or distribute such Content and/or incorporate such Content into any form, media, or technology now known or later developed, throughout the world, without compensation to you. This license will survive the termination of these Terms and your use of the Site or Third Party Sites.

Service Guidelines

We value your interaction with us and strongly encourage you to contribute comments, ratings, reviews, opinions, ideas, questions and answers, images, videos, recipes, stories, and other content. To participate constructively in the Services, please consider the following guidelines:

  • Be respectful. Everything you post should be positive and appropriate for viewing by all users of the Site and Third Party Sites.
  • Stay on topic. Relevant and insightful contributions enhance the overall experience on the Site and Third Party Sites.
  • Be honest. Ernani requires users to be truthful in their participation, contributing Content that is accurate and based on their individual experience.

You may not use the Services to impersonate any person or entity, including, without limitation, any Ernani representative, forum host, guide, or host, or to falsely state or otherwise misrepresent your affiliation with another person or company.

All User Content is moderated and subject to these Terms. Ernani reserves the right to refuse to publish or remove any Content for any reason. Any Content that violates the provisions of these Terms regarding the submission of Content in general will not be considered.

Links to Other Websites

The Site may contain text links ("Links") to other websites that are unrelated to the Site. Ernani does not control or monitor such websites, their content, or their policies. Any links to other websites should not be construed in any way as an endorsement by Ernani of such websites and/or the content published therein.

Cookies

The Site may contain "cookies" with the 

To allow users to better use the Site. Users who prefer not to receive cookies can set their browser to warn them of the presence of cookies and then decide whether to accept them. The browser can also be set to automatically reject all cookies; however, in this case, the user may not be able to access all the services available on the Site.

Limitation of Liability

The user acknowledges and agrees that their access to and navigation of the Site is entirely at their own risk and under their sole responsibility. The user agrees to defend, indemnify, and hold harmless Ernani (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) from any claims, demands, losses, liabilities, costs, expenses, obligations, and damages of every kind and nature, known and unknown, including any legal fees, arising from (a) use of and access to the Site and the Services; (b) violation of any term of these Terms; (c) your breach of the above representations and warranties regarding the Content; (d) your violation of any law or third-party rights (including, but not limited to, any copyright, intellectual property, or privacy right); or (e) any claim that any Content submitted has caused damage to a third party. This indemnity obligation shall apply even in the event of termination of these Terms and your use of the Site and Services.

You further acknowledge and agree that the Site is provided "as is" and "as available" and may be temporarily inaccessible or otherwise contain defects that could impair your navigation of the Site and use of the Services.

Ernani shall not be liable for any loss or damage arising from or in any way connected with the use or performance of the Site and the Services, including, without limitation, damages for loss of business, loss of profits, business interruption, loss of business information, and/or any other pecuniary loss.

Registration

Access and registration to the Site and Services is reserved exclusively for users over 18 years of age.

The user undertakes to provide the personal information requested during registration ("Personal Data"), ensuring that it is current, complete, and truthful, and to promptly update it and maintain its confidentiality.

The user is responsible for safeguarding the password used to access the Site and Services and for any activities or actions for which their password is used. False personal information will not be provided on the Site or accounts created for anyone other than their own without authorization.

Allergens

Caffè Ernani provides allergen information on the relevant page of the site.

Applicable Law

The Terms are governed by Italian law without regard to any conflict of laws provisions in the state or country of residence of the user. All actions, disputes, claims, or proceedings relating to the Site and user Services will be subject to the exclusive jurisdiction of the Court of Milan.

These Terms of Use were last updated on May 24, 2018.

Ernani Srl
Via Don Luigi Sturzo, 19 – 20832 Desio (MB), Italy
P.I. and Fiscal Code 09016360969
REA MB – 1900833
Share capital €10,000 fully paid