Terms of Use
Last update: 31/07/2020
PRELIMINARY REMARKS
The present website, accessible at the URL www.cynthiaabila.com (henceforth referred to as “Website”), is exclusive property of Cynthia Abila Studios, with registered office in Nigeria, no. 2 Seiviri Street, Abuja, Federal Capital Territory, 900271, TIN: 18949006-0001.
Accessing to the present Website, using it and navigating through its pages, automatically confer the status of User and imply the full acceptance of the present Terms of Use (contractual provisions regulating the use of the Website) as well as of the General Sales Conditions, the Privacy Policy, the Cookie Policy and any other note, legal notice, statement or disclaimer that may be published anywhere on the Website, which shall all be deemed legally binding for Website Visitors as provided under Nigerian law.
In any case, this Website is not intended for natural persons under 18 years of age.
Users who do not intend to accept one or more of the following Terms of Use are invited to immediately interrupt the use of the Website.
Users undertake to use the Website and any data, information or material available on the Website only for legitimate purposes, in accordance with the present Terms of Use, assuming all legal responsibilities that may arise from unlawful use of the contents and/or from the violation of any applicable legislation.
1. DURATION AND MODIFICATION OF WEBSITE TERMS OF USE
1.1 The content of the present Terms of Use can be modified, without notice, at the discretion of Cynthia Abila Studios; Users are therefore invited to constantly consult the present Terms of Use in order to be always informed about the conditions applied.
1.2 The present Terms of Use and any eventual subsequent modification that, in any case, will be published on the Website, shall remain in full force throughout Customer’s use of the Website and of its relative contents, materials and/or services.
1.3 Even after terminating the use of the Website, the following provisions of the present Terms will remain in force and continue to be binding, due to their ultractivity. In particular they concern:
a) the exclusion and limitation of Cynthia Abila Studios liability;
b) the law applicable to the contract and to its execution;
c) jurisdiction and competent Court to settle eventual disputes.
2. WEBSITE PURPOSES.
2.1 The present Website is based on commercial purposes: through it, Cynthia Abila Studios intends to sell Products exclusively to Consumers, that is to natural persons acting on the present Website for personal purposes unrelated to their own commercial, entrepreneurial or professional activity eventually performed. For this reason, Cynthia Abila Studios reserves the right to refuse to accept any purchase order proposal submitted by subjects other than the final consumer, as well as any other purchase order proposal not compliant with the present Terms of Use and with the General Sales Conditions.
3. SERVICE SUSPENSION OR INTERRUPTION.
3.1 Cynthia Abila Studios reserves the right to suspend or interrupt, temporarily or permanently, the functions of the Website at any time, including the access to the present Website, to its pages, contents or related services.
3.2 The User acknowledges that, for these operations Cynthia Abila Studios will in no way be liable towards users or third parties.
4. CONTENTS, COPYRIGHTS, TRADEMARKS AND DOMAIN NAMES.
4.1 The entire Website, including all its web pages, ideas, graphics, contents, audio-visual materials and, more in general, any other creative content related to the Website and to its services, are owned by Cynthia Abila Studios.
4.2 These contents cannot be reproduced, used or represented by the User, least of all for purposes that can be can be considered illicit and/or are expressly prohibited by the present Terms of Use, except in cases and within the limits expressly recognised by Cynthia Abila Studios or in cases and within the limits permitted by the law.
4.3 Users are granted the non-transferable and limited right of private and non-commercial use of the present Website and/or of its services.
4.4 All marks and distinctive signs identifying the Products sold on the Website are registered trademarks of Cynthia Abila Studios and are used on the present Website with the sole purpose of distinguishing, describing and advertising the Products on sale. Cynthia Abila Studios has the right to make exclusive use of the brands it owns.
4.5 Users are not authorised, unless otherwise provided by Cynthia Abila Studios or by any other owner of registered trademarks published on the Website, to use the above mentioned trademarks for distinguishing other goods or services, even if not similar to those available on the Website or belonging to other trademark owners.
4.6 Any unlawful or unauthorised use of the above mentioned trademarks is absolutely forbidden. Likewise, it is not in any way allowed to use these marks or any other distinctive sign present on the Website to take unfair advantage of the distinguishing character or repute of the trademark, or to be detrimental to the trademark or to its owner.
4.7 Cynthia Abila Studios undertakes to remove, as early as possible, any content declared unlawful by a Judicial Authority. Likewise it will be removed any content considered illicit as established in the sole discretion of Cynthia Abila Studios and eventually reported by Users. In this case, Cynthia Abila Studios will properly inform the competent authority
4.8 In case Cynthia Abila Studios would ascertain, directly or after Users’ report, the infringement of the relevant national and/or international legislation, it reserves the right to interrupt the access to the present Website, as well as to its specific contents and materials.
5. USERS’ OBLIGATIONS.
5.1 Users undertake to make diligent use of the present Website and of the services available therefrom, in full observance of Italian Law, good morals and the present Terms of Use, as well as of the General Sales Conditions, the Privacy Policy, the Cookie Policy and any other note, legal notice, statement or disclaimer that may be published anywhere on the Website.
5.2 All information provided by the User through whatever means, aimed at obtaining the provision of the services offered Cynthia Abila Studios, must be truthful and complete. In any case, the User will be solely responsible for eventual false and/or incomplete declarations, false and/or incomplete information provided, as well as eventual damages incurred by Cynthia Abila Studios or third parties.
5.3 Moreover, Users shall NOT (by way of non-exhaustive example): make use of tools, software or scripts that might be detrimental to the Website and to the tools used by Cynthia Abila Studios (and its technicians) for the provision of its services; violate or attempt to alter any aspect of the services provided on the Website; block, overwrite, modify or copy where it is not necessary for the proper use of the services provided on the Website; reproduce contents making use of “robot/crawler” search engines; reproduce and disclose Website contents to the public without prior authorization; manipulate data and contents present on the Website; undertake any action that might hinder the proper functioning of Cynthia Abila Studios’s infrastructure and of the Website; commit or encourage an offence; disturb other Users; send unsolicited material, also known as “spam”; transmit and/or spread any virus, trojan, worm, malware, logic bomb, or any other material that might be technologically harmful; violate confidentiality and privacy or be in any way obscene or offensive; infringe property rights, including industrial and intellectual property, of any person.
6. ACCOUNT CREATION
6.1In order to take advantage of certain services, Users can create a personal account, registering on the Website according to the following procedure:
6.4We specify that, in any case, as indicated in the General Sales Conditions, it is possible to purchase Products on the Website also without account registration, although this would imply the impossibility of using the information services described above.
6.5Users shall note that, after accessing to any Website section through a public computer (for example in a internet point, public library, university classroom, etc.), is advisable to carefully perform the log-out procedure after the last session of use; otherwise, other users of the same device may have access to the account previously used
6.6 Moreover, in case of access from mobile devices (for example: smartphone or tablet), through web browser or application, it is possible that, basing on device’s setting, the User account remains connected; we therefore suggest to protect your mobile devices with a password and, if lost or stolen, to use the remote data cancellation option (if available) to delete all personal information stored on the device and, ultimately, change the password of the account registered on the Website.
6.7Registered Users may, at any time and for any reason, request the cancellation of their account sending an e-mail to info@cynthiaabila.com; Users will receive the relative deletion confirmation via e-mail.
6.8 Account credentials (username and password) shall be used exclusively by the User and may not be shared with third parties; the User undertakes to retain these credentials with confidentiality, ensuring that no one can access them, and to promptly inform Cynthia Abila Studios in case he/she suspects or becomes aware of an unauthorised access or improper use of these credentials.
6.9 Each User can create only one personal account on the Website: is therefore expressly prohibited to make multiple registrations.
6.10 Cynthia Abila Studios reserves the right to delete a User account in case of violation of the present Terms of Use, or in case that the personal data provided by the User are not complete, truthful and correct, without prejudice to damages.
6.11 As already pointed out in paragraph 3.1 of the present Terms of Use, Cynthia Abila Studios reserves the right to suspend or interrupt, temporarily or permanently, the functions of the Website at any time, including the access to the present Website, to its pages, contents or related services, especially for security reasons.
7 . LIMITATION OF LIABILITY.
7.1 The present website and all related services are offered “as is” without any operation guarantee.
7.2 Users acknowledge that the use of the present website and of its services is at their own risk. In particular, Cynthia Abila Studios doesn’t provide any specific guarantee on eventual expected results, desired or achieved through the use of the present Website and of the relative services, and cannot be held liable for User’s claims related to the use or malfunction of the Website or of its services.
7.3 Also by means of its own appointed external representatives, Cynthia Abila Studios has adopted technical and organizational measures to protect the security and integrity of personal data relating to services, traffic and electronic communications, in order to avoid risks of damage or destruction of confidential data and information regarding Users, as well as unauthorised or non compliant accesses to these data and information.
7.4 The User acknowledges and agrees that Cynthia Abila Studios cannot be held in breach of its obligations or considered responsible in case of delays and malfunctions of the Website or of its services, as well as in case of damages, direct or indirect, caused to Users or to third parties, resulting from events occurring beyond the Seller’s reasonable and physical control, such as, by way of non exhaustive example:
a. malfunction and/or failure of the services provided by telecommunications operators and/or of the electrical equipment and lines, as well as of telephone and/or digital and cyber connections not directly managed by Cynthia Abila Studios or by persons acting under its responsibility;
b. malfunction of the terminals or other systems of communication used by the Customer;
c. actions undertaken by other Users or persons having access to the same Internet connection;
d. other events deriving from accidental circumstances and/or force majeure.
7.5. In case of interruption of the functionalities of the website, Cynthia Abila Studios undertakes to restore them as promptly as possible.
7.6. Cynthia Abila Studios takes all appropriate measures in order to prevent the publication on the Website of any contents, images, videos, sounds or graphics describing or representing scenes or situations of physical or psychological violence, or anything that could be deemed offensive to human dignity, freedom of sexual and religious expression, human and civil rights.
7.7. In any case, Cynthia Abila Studios does not guarantee that the above-mentioned contents are appropriate or lawful in other Countries outside Italy. If the User should identify the above-described situations, please do not access the Website. Nevertheless, in case the User decides to access the Website and use the services offered, this will happen exclusively under his/her own responsibility and freedom of choice.
8. THIRD-PARTY WEBSITES AND CONTENTS.
8.1. The Website may contain references (or links) to third-party websites, contents and materials stored on third-party servers, which are not in any way controlled or monitored by Cynthia Abila Studios, who therefore declines any possible liability related to these third-party websites’ content, operation, accuracy, lawfulness, reliability, privacy policy or other policies and disclosures.
8.2. The mere possibility of directly accessing from the present Website to third-party websites, contents and materials, does not in itself imply the approval or sponsorship of these. For this reason, the Seller shall not be liable for any loss, damage or cost incurred by the User or by third parties. Likewise, he does not guarantee that these third-party websites, contents and materials are regularly updated.
8.3. By deciding to access to third-party websites, contents and materials, the User acknowledges and accepts that the present Terms of Use, together with the General Sales Conditions, the Privacy Policy, the Cookie Policy and any other note, legal notice, statement or disclaimer that may be published anywhere on the present Website, are no longer valid for third-party websites, contents and materials.
8.4. Cynthia Abila Studios strictly prohibits the use of meta-tags and framing techniques on its Website pages, that is the display of a Website page into another website, preventing the recognition of contents’ authorship. The publication of a link to the Website, instead, shall only be permitted prior written authorization provided by Cynthia Abila Studios
8.5. Cynthia Abila Studios reserves the right to undertake any type of action necessary to protect its rights and legitimate interests in the event of pecuniary or non-pecuniary damages including, by way of non-exhaustive example, damages in terms of honour, reputation or image.
9. PERSONAL DATA PROTECTION ON THE WEBSITE.
9.1. Users can have access and browse the Website without revealing their identity or providing any personal data, unless otherwise required by the Cookie Policy and except for the purchase of Products offered on the Website.
9.2. In case the User wants to receive information or contact Cynthia Abila Studios he/she must provide some personal data and fill the specific contact form. Before submitting his/her own personal data, the User is invited to carefully read the Privacy Policy.
9.3. The User is invited to refrain from communicating, throught the contact form or via e-mail, any sensitive data or data belonging to special categories of data as intended by article n. 9 of the EU Personal data Protection Regulation 2016/679 (“General Data Protection Regulation” – GDPR).
9.4. Cynthia Abila Studios declares that the treatment of personal data, acquired during users’ browsing and use of Website services and functionalities, will take place, now and in the future, in full compliance with the obligations laid down in the Nigerian Data Protection Regulation and the UE Regulation 2016/679, according to the terms and for the purposes specified in the Privacy Policy which the User acknowledges and specifically declares to have read and accepted.
10. MISSION AND COMMERCIAL POLICY.
10.1. The commercial policy of Cynthia Abila Studios consists in selling Products on this Website to the Users intended both as final Consumer, that is the natural person acting on the present Website for personal purposes unrelated to his/her own commercial, entrepreneurial or professional activity eventually performed, as well as Business, that is the juridical or natural person acting on the present Website for purposes related to her/his/its own commercial, entrepreneurial or professional activity.
10.2. In any case, Cynthia Abila Studios will not accept any purchase order proposal not compliant with the present Terms of Use and to the General Sales Conditions.
11. APPLICABLE LAW AND DISPUTE RESOLUTION.
11.1. The present Terms of Use, the General Sales Conditions, the Privacy Policy, the Cookie Policy, any other note, legal notice, statement or disclaimer that may be published anywhere on this Website, as well as the relations between Cynthia Abila Studios, owner of the Website, and the Users, shall apply Nigerian Law.
11.2. In any case, we inform European Users about the existence of a specific European platform for online dispute resolution (“ODR”) accessible at https://ec.europa.eu/consumers/odr/.