Welcome to The Smart Octopus, which is the property of Luciana Borrelli, the principal and sole member of the business. You and The Smart Octopus (“TSO”, “it”, “I”, “my”) agree that your access to and use of the website located at www.thesmartoctopus.com (THE “WEBSITE”) and the editing, translation and web services offered via the website by TSO (THE “SERVICES”) is subject to your agreement to these terms of service, which will become a binding agreement between you and TSO (THE “AGREEMENT”). The Smart Octopus is willing to allow you access to the website and provide the services only upon the condition that you accept all of the terms of this agreement. If you visit or purchase services from TSO, you accept the following conditions. Please review them carefully.
Description of service
The services offered via the website by The Smart Octopus are available only to people who can form legally binding contracts under applicable law. Without limiting the foregoing, the services are not available to individuals under the age of 18.
In order to receive the services and before work can begin, you must complete the registration form and accept the estimate sent by email. All prices quoted are in euros (EUR), unless otherwise stated. You agree that all information provided by you in connection with the registration and sign up process (“REGISTRATION INFORMATION”) is true, accurate, current, and complete and that you will promptly update your Registration Information as necessary such that it is, at all times, true, accurate, complete, and current. As part of the registration process, you will identify a username and password for your TSO account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the services in your name.
The Smart Octopus and its collaborators reserve the right: i) to refuse registration of, or cancel, accounts at any time and for any reason as TSO deems appropriate; ii) to limit quantities; iii) to refuse service, or cancel orders at its sole discretion.
The Smart Octopus may, as it deems appropriate, offer monthly invoicing arrangements to regular business and personal customers and agree to additional or modified terms for such arrangements. Unless agreed upon otherwise, payment must be made immediately after having accepted my estimate and prior to delivery of service.
Finally, TSO also reserves the right to modify, suspend or discontinue the service with or without notice at any time and without any liability to you.
When you visit thesmartoctopus.com or send emails to me, you enable me to communicate with you through the same channel. It goes without saying that you accept that all agreements, notices, disclosures and other communications that I provide to you electronically satisfy any legal requirement that such communications be in writing.
License and site access
The Smart Octopus grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify any portion of it except with the express written consent of The Smart Octopus.
This license does not include: i) any resale or commercial use of this site or its contents; ii) any collection and use of any service listings, descriptions, or prices; iii) any derivative use of this site or its contents; iv) any downloading or copying of account information for the benefit of another merchant; v) any use of data mining, robots, or similar data-gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Smart Octopus. You may not utilize framing techniques to endorse any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Smart Octopus without express written consent. You may not reproduce any image or depiction of this site as it might be rendered by a web browser or otherwise without express written consent from The Smart Octopus. You may not use any meta tags or any other hidden text utilizing The Smart Octopus’s name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by The Smart Octopus.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to thesmartoctopus.com so long as the link does not portray The Smart Octopus, or its services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the TSO logo as part of the link without express written consent from The Smart Octopus.
The website (contents and web design) is the property of Luciana Borrelli, owner of the company The Smart Octopus, with the sole exception of the photographs in the homepage, described as follows.
Photographs of banner:
https://creativecommons.org/licenses/by-sa/2.0/ © Todd Anderson
https://creativecommons.org/licenses/by/2.0/ © Arnaud Abadie
https://creativecommons.org/licenses/by/2.0/ © prilfish
Photograph of fun facts:
https://creativecommons.org/licenses/by/2.0/ © Angell Williams
The website is operated by The Smart Octopus and is protected by Italian and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site, including code and software. Unauthorized use of any portion of this site beyond that contained in the previous paragraph may violate copyright, trademark, and other laws.
Authors submitting material to The Smart Octopus for service retain copyright in such material, and The Smart Octopus requires no other credit or acknowledgment for work completed other than the fees described on the various pages throughout the site. The Smart Octopus does not claim any rights to such material by virtue of supplying its services, and will not use or disclose such material for any reason other than providing its services.
You represent and warrant: i) that you own or otherwise control all of the rights to the material that you submit for service; ii) that the material is accurate; iii) that use of the material you supply does not violate this policy and will not cause injury to any person or entity; iv) that you will indemnify The Smart Octopus for all claims resulting from material you supply. The Smart Octopus has the right, but not the obligation, to monitor and refuse any activity or content. The Smart Octopus takes no responsibility and assumes no liability for any material submitted by you or any third party.
The Smart Octopus provides advice on changes that you, your publisher, or other third parties may accept, reject, or further amend. Content of any finished work is therefore entirely the responsibility of the author or other people to whom the author delegates, licenses, or otherwise assigns control over his or her work. My work on any document or web content does not imply any endorsement of its content or of the author. Comments provided to the author by me are provided for personal use only. Credit, rights, and acknowledgment for original works created by The Smart Octopus and its staff or collaborators will be negotiated on a case-by-case basis.
Disclaimer of warranties and limitations of liability
The Smart Octopus and its collaborators attempt to be as accurate as possible. However, TSO does not warrant that service descriptions, other content of this site, or its services performed for its customers are accurate, complete, reliable, current, or error free. This site and The Smart Octopus’s services are provided by TSO on an “as is” and “as available” basis and at your sole risk. To the fullest extent permissible pursuant to applicable law, The Smart Octopus disclaims all warranties and conditions, expressed or implied, in respect of its services and any information, content, or materials on this site, including any implied warranties or conditions of fitness for a particular purpose, merchantability, and non-infringement.
TSO may provide links and pointers to internet sites maintained by third parties in its website, including banners, graphics, and links pages without limitation. The Smart Octopus does not operate, or control in any respect, any information, products, or services on these third-party sites. In no event is The Smart Octopus, its collaborators, independent contractors, or any third parties mentioned on the site liable for any damages whatsoever (including, without limitation, direct, incidental, or consequential damages, lost profits, or damages resulting from lost data, breach of confidentiality, or business interruption) resulting from the performance of The Smart Octopus’s services, the use or inability to use thesmartoctopus.com site or the material contained on the site, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, whether or not The Smart Octopus is advised of the possibility of such damages.
In no event is The Smart Octopus liable for damages in excess of the amount paid by a customer for the service in question. The Smart Octopus has set its prices and created this site in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and The Smart Octopus is found to have failed in its fundamental or essential purpose or has been fundamentally breached.
You specifically acknowledge and agree that The Smart Octopus is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any TSO material, or with any of TSO’s terms and conditions, your sole and exclusive remedy is to discontinue using its services. While I endeavour to ensure that any files originating at this site are free of known computer viruses, I make no warranty or guarantee that files are virus free, and I am not able to provide any assurances with respect to email or attachments that may have originated with third parties. All recipients are cautioned to check all email, attachments, and other computer files before accessing them, and any and all risk of virus contamination is assumed by the recipient.
This site and this agreement are governed by Italian legislation, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against The Smart Octopus shall take place in the courts of the City of Bologna, Italy. The parties shall attorn to the non-exclusive jurisdiction of the courts of Bologna.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.