Terms & Conditions of Use

These terms and conditions of use (hereinafter, “Terms of Use”) govern the user’s (“User”) access to and use of the website www.cart-italy.com (“Website”), and the services offered to User when User visits or shops on the Website (the “Services”). These Terms of Use also govern User’s access to and use of and the Website’s content, including its text, layout, images, graphics, logos, button icons, audio clips, digital downloads, data compilations and the selection and arrangement thereof (collectively, “Content”) available on or through the Website. The Website is owned and operated by GUT ITALIA LLC (“GUT”), a Florida Limited Liability Corporation, having an address at 200 South Biscayne Boulevard, Miami, Florida 33131 U.S.A.. GUT and its affiliates are herein referred to as the “GUT Businesses” or generally as “GUT,” except where particular aspects of the Website or Services are provided or managed by one particular entity, in which event such entity will be expressly named. These Terms of Use govern the relationships between User and each and every entity that comprises the GUT Businesses. Users may request a complete list of GUT Businesses by sending a mail or email request to GUT at the address set forth hereinabove.
The User’s use of the Website and Services constitutes User’s agreement to and acceptance of these Terms of Use. In addition, as a condition of User’s use of the Website, User represents and warrants to GUT that it will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. If a User does not agree to and accept these Terms of Use, that User is prohibited from accessing and using the Website and the Services. These Terms of Use govern User’s use of the Website and the Services regardless of whether User is accessing the Website or Services from a computer or mobile phone device (for example, through an iPhone application). BY ACCESSING, BROWSING OR USING THE WEBSITE AND/OR THE SERVICES, USER ACKNOWLEDGES AND AGREES THAT USER IS AT LEAST 18 YEARS OLD, HAS READ AND UNDERSTANDS THESE TERMS OF USE, GUT’S PRIVACY POLICY AND AGREES TO BE BOUND HEREBY AND THEREBY. IF USER IS NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS OF USE AND GUT’S PRIVACY POLICY, THEN USER MAY NOT BROWSE OR USE THE WEBSITE. MOREOVER, GUT DOES NOT AND WILL NOT GRANT USER ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE OR THE SERVICES WITHOUT USER’S WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THESE TERMS OF USE AND GUT’S PRIVACY POLICY.
The Services available on the Website may be subject to additional terms. When using the Services, User will also be subject to the terms and agreements applicable to the specific Services (for example Gift Card Policy related to the use of gift cards, etc.). In the event of an inconsistency between these Terms of Use and the terms specific of a Service, the Service terms will control.

1. License.

User agrees that the Website and the Content are and remain the sole property of GUT, and, except as expressly permitted by GUT in writing, User’s license to access, browse and/or use the Website and the Content is limited solely to a limited, personal, revocable, non-exclusive, non-transferable license to (i) access and view the Website and Content, and (ii) copy, download and store the Content temporarily (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content, solely for User’s non-commercial use and not for resale or distribution to anyone else. User further agrees that, with respect to any Content that User downloads, creates, generates, stores and/or prints, pursuant to these Terms of Use, User will reproduce and include all copyright and other proprietary notices included in such Content.
Except as expressly permitted by GUT in these Terms of Use or otherwise in writing, User may not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or the Content, in whole or in part, in any form or by any means, whether manual or automatic. User shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the name “GUT”, “C’ART” or any colorable equivalent thereof without the prior written authorization of GUT.
All rights not expressly granted to User in these Terms of Use are expressly reserved and retained by GUT or its licensors, suppliers or other content providers. Users may not misuse the Website or Content and may only use the Website and Content as permitted by law. In the event User fails to comply with these Terms of Use, the licenses granted by GUT shall terminate immediately.

2. Intellectual Property.

All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, including without limitation any and all trademarks, copyrights and patents, are the property of GUT, its licensors or suppliers. The Website and Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by GUT’s express written authorization.
“GUT” and “C’ART” are trademarks owned by GUT Edizioni S.p.A., the holding company of GUT ITALIA LLC, or by its subsidiaries (“Trademarks”). All other trademarks, service marks, domain names, logos and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of GUT or their respective owners.
Except as provided in these Terms of Use, GUT does not grant User any rights in or to the Trademarks or the Other Trademarks. User agrees that User shall not use the Trademarks or Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of GUT or the respective owners of the Other Trademarks as the case may be.
GUT vigorously enforces its intellectual property rights to the fullest extent permitted by law. Accordingly, GUT will prosecute any unauthorized use or reproduction of any of the Content, databases used to store the Content (“Databases”) and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

3. Use of the Website.

User acknowledges and agrees that the Content and Databases or any other information contained therein are valuable intellectual property owned by or licensed to GUT, and that no proprietary rights therein are being transferred to User by these Terms of Use. User agrees that it shall not, directly or indirectly, (i) use any of the Content, Databases or any other information contained therein for any purposes other than User’s personal, non-commercial use; (ii) use the Content, Databases or any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom; (iii) use the Content, Databases or any other information contained therein in violation of any applicable laws or regulations; (iv) publish or distribute in any medium the Content, Databases or any other information contained therein, in whole or in part, to any other entity; (v) access or attempt to access any other User’s account; (vi) obtain or ascertain or attempt to obtain or ascertain any other User’s username, password and/or personal information (“Personal Data”) by any means whatsoever; (vii) elude or attempt to elude the Website’s security systems; (viii) attempt to gain access or gain access to the Website in a fraudulent manner; (ix) use the Website for any purpose other than those intended by GUT as set forth in these Terms of Use; or (x) upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers or other equipment.
User acknowledges and agrees that any and all misappropriation or misuse of the Content, Databases and/or any other information contained therein will cause irreparable harm to GUT and that in such event money damages will not constitute sufficient compensation to GUT. Consequently, in the event that User, directly or indirectly, misappropriates or misuses the Content, Databases and/or any other information contained therein, User specifically consents to GUT obtaining injunctive relief against User in addition to any other legal or financial remedies to which GUT may be entitled.
GUT reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate a User’s password and account should that User be in violation of these Terms of Use. If you are under 18, you may use the Website and the Services only with the involvement of your parent or guardian. GUT reserves the right to refuse to provide services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

4. Registration and User ID.

In order to take advantage of the Services, Users may choose to register on the Website by entering certain Personal Data and following the instructions given in the registration program. User hereby agrees that all Personal Data provided to GUT in connection with registration is accurate and up-to-date. In the event a User’s Personal Data changes, User agrees to update it on the Website using the instructions available thereon.
User is solely responsible for maintaining the confidentiality of its registration information, including a username and password (“Registration Information”). User agrees not to authorize third parties to access the Website using User’s Registration Information. User is responsible for all use of the Website by any individual accessing the Website through User’s Registration Information. User may not sub-license, transfer, sell or assign its Registration Information and/or its obligations under these Terms of Use to any third party without the prior written approval of GUT. Any attempt at such assignment will be null and void and shall be considered a material breach of these Terms of Use. GUT expressly reserves the right to terminate a User’s account and/or refuse service to a User, without prior notice, if User violates these Terms of Use, or if GUT decides, at its sole and exclusive discretion, that it would be in GUT’s best interest to do so.

5. User Submissions.

GUT may from time to time permit Users to submit content to the Website. User hereby acknowledges and agrees that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than Personal Data and/or Registration Information) to GUT through the Website (individually and collectively, “Submissions”), User (i) grants GUT a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grants GUT the right to pursue at law any person or entity that violates User’s and/or GUT’s rights in User’s Submissions; and (iii) forever waives any and all of User’s rights, including but not limited to moral rights, if any, in and to User’s Submissions, including, without limitation, any all rights or requirements of attribution or identification of User as the author of the Submission or any derivative thereof. User further acknowledges and agrees that User’s Submissions are non-confidential and do not contain proprietary information. GUT reserves the right to not post a User Submission on or to remove any User Submissions from the Website, in whole or in part, without notice, for any reason or no reason. GUT is not liable for nor does it endorse any statement, idea or representation contained in the Submissions, and GUT does not guarantee the Submission’s accuracy, integrity or quality. Further, any review that violates the provisions of these Terms of Use or the guidelines set forth below regarding submission of content will not be posted on the Website.
Except as described in GUT’s Privacy Policy, GUT will not be required to treat any Submissions as confidential, and User acknowledges and agrees that GUT may use, in connection with its business, any of the concepts and ideas contained in User’s Submissions (including, without limitation, product or advertising ideas) without compensation to User, and GUT will not incur any liability to User as a result of any similarities between concepts and ideas contained in User’s Submission and future GUT operations and business. Except as otherwise set forth in these Terms of Use, GUT is entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to User or any other person, and without User’s consent.
User Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to GUT’s Privacy Policy. User is responsible for the content of User’s Submissions and agrees to defend, at GUT’s option, and at User’s sole expense, indemnify and hold GUT, its affiliates and their respective employees, agents, representatives, successors and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which GUT may incur as a result of User’s Submissions.
With respect to User Submissions, User acknowledges, warrants and agrees that:

1. User’s Submissions will be true and accurate, and the original work of User’s authorship, that User is not employed or otherwise being compensated by the provider of the products or services (if any) that User’s Submissions relate to, and that User is not impersonating any other person;

2. User has the right to make User’s Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which User’s Submission relates; and

3. User’s Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secrets or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy.

6. Digital Millennium Copyright Act.

If notified of an allegation that the Website contains infringing information, materials or other content, GUT may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the same from the Website. Notices to GUT regarding any alleged infringement should be sent to GUT at the address set forth above.

7. Links to and from Third Party Sites.

The Website may contain live hypertext links to other third party websites which can be accessed by Users. Such other websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of GUT. GUT does not endorse, approve, certify, maintain, or control these other websites and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. GUT provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those websites’ respective terms of use and privacy policies. Neither the inclusion of the link on the Website nor reference on the linked website to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by GUT. User acknowledges and agrees that GUT shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites.
There may be circumstances in which access to the Website is provided by a hypertext link located at another third party website. GUT has no responsibility for the content of such other websites, GUT does not make any representations or give any warranties or conditions with respect to any information contained in or at such other websites and User acknowledges and agrees that GUT shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites. GUT does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by GUT, User agrees not to: (i) provide or create a link to the Website; or (ii) create any frames at any other websites pertaining to any of the Content located on the Website. User further agrees not to post any materials to the Website without the express written permission of GUT.
These Terms of Use and any other GUT policies, rules or guidelines that User may find on this Website do not apply to companies that are not affiliated with or controlled by GUT, or to the activities of individuals not associated with GUT. Therefore, before using the services of any third party website, it is recommended that User become familiar with terms of use and other policies posted regulating such third party websites.

8. Security.

GUT has extensive security measures in place to protect the loss, misuse and alteration of the information stored in its Databases. GUT will exercise reasonable care in providing secure transmission of information between Users’ computers and GUT’s servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, GUT does not ensure or warrant the security of any information transmitted to GUT over the Internet, and GUT accepts no liability for any unintentional disclosure of User’s information.

9. No Warranties; Limitation of Liability.

THE INFORMATION AND CONTENT ON THE WEBSITE ARE PROVIDED FOR USER’S REVIEW IN ACCORDANCE WITH THE NOTICES AND TERMS OF USE SET FORTH HEREIN. THE INFORMATION AND CONTENT AND THESE TERMS OF USE MAY BE CHANGED OR MODIFIED BY GUT FROM TIME TO TIME WITHOUT NOTICE, AND IN ITS SOLE DISCRETION. THE WEBSITE IS OPERATED BY GUT ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GUT BUSINESSES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE GUT BUSINESSES AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER THE GUT BUSINESSES NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, FOR USER’S ACTION OR INACTION IN CONNECTION WITH THE WEBSITE OR FOR ANY DAMAGE TO USER’S COMPUTER OR DATA OR ANY OTHER DAMAGE USER MAY INCUR IN CONNECTION WITH THE WEBSITE. USER’S USE OF THE WEBSITE IS AT USER’S OWN RISK. IN NO EVENT SHALL THE GUT BUSINESSES, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE MATERIALS ON THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND, ACCORDINGLY, THE ABOVE EXCLUSION IS VOID WHERE PROHIBITED BY LAW.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT NEITHER THE GUT BUSINESSES NOR ANY OF THEIR AFFILIATES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. WITHOUT LIMITING THE FOREGOING, THE GUT BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

10. Indemnification.

User agrees to indemnify, defend and hold GUT, GUT Businesses, and their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of User’s use of the Website and/or any Content, information (text or graphical), software, or products obtained through the Website and/or from GUT.

11. Privacy Policy.

GUT recognizes the importance of protecting the privacy of Users. Users are encouraged to view the Website’s Privacy Policy at http://www.cart-italy.com/privacy-policy/, which is incorporated by this reference into and made part of these Terms of Use.

12. Applicable Law .

All disputes against GUT, including but not limited to disputes as to these Terms of Use, the license hereunder, Website access restriction and/or termination, GUT’s intellectual property, privacy and disclaimer of warranties shall be governed by the laws of the State of New York (without giving effect to its conflicts of law principles). Except as otherwise expressly provided, all legal proceedings arising out of or in connection with these Terms of Use and other Website policies shall be brought solely in the City of Miami, State of Florida. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

13. Severability; Waiver.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and GUT’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

14. Entire Agreement.

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between GUT and User with respect to User’s access to and use of the Website. These Terms of Use supersede all prior or contemporaneous communications and proposals between User and GUT, whether written or oral, with respect to User’s access to and use of the Website. For the avoidance of doubt, other agreements between User and GUT, including, without limitation, the other policies and terms posted on the Website with respect to privacy, terms of sale and/or other subject matter that is unrelated to User’s use of and access to the Website, are not governed by or superseded by these Terms of Use.

15. Communications and Complaints.

All User communications and complaints regarding GUT and the Website shall be communicated by email or postal mail to the address set forth hereinabove.