Terms of Service
These conditions apply to visitors to the site(s) and users who register for the Services and are legally binding. By accepting these conditions and/or using the Services, users declare their agreement with them. If you do not wish to accept these terms, you should not use the Services
Access to and use of diennea.com, magnews.co.uk, magnews.com, emailsuccess.com and tdb.diennea.com (all together “the Sites”) are activities governed by the Terms of Use (“Terms”). Access to and use of the Sites presuppose that these Terms have been read, understood and accepted.
The services requested on the Sites are provided directly by DIENNEA S.r.l., with registered office in Viale G. Marconi 30/14, 48017, Faenza (RA), Italy, VAT No. 02243600398.
If you need assistance, please contact the following email address helpdesk@magnews.it. You will be able to find information about the free services requested and the paid services that can be requested, the site registration form, suggestions and other general information about the services provided by the Sites.
For information on personal data processed by the Sites, see the Privacy Policy of the Sites.
Diennea may amend or simply update all or part of these Terms of Use. Notification of changes and updates to the Terms of Use will be given to users on the diennea.com Home page as soon as they are adopted and will be binding as soon as they are posted on the website in this section.
By accessing this site, you (the “user” or “you”) declare and warrant that you have read, understand, and agree (1) to be bound by the following terms and conditions (“Agreement”) which also set forth the terms of your use as a registered user of our (“Services”); (2) that you have the entitlement and ability to comply with this Agreement; and (3) that you agree to comply with all applicable laws and regulations regarding your access to and use of the Sites.
Art. 1 – Access and use
The user may access the services directly from the Sites; in some cases it will be necessary to proceed to a registration where some information and personal data will be requested and will be treated in accordance with the Privacy Policy. The Services are free.
You may not access or use the Services for an illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy and data protection, online conduct, and the lawfulness of content.
You must not modify, adapt, or unlawfully enter the Sites or modify another website by falsely appearing to associate that website with one of the Sites.
You must not transmit any computer worms or viruses or any code of a destructive nature.
You must not violate any laws of your legal system (including, but not limited to, copyright laws).
Art. 2 – Registration
In order to use some of our Services, you may be required to register by creating an account and filling out a form with your personal data (for example, for the services provided by the magnews.it website), from which you may request to subscribe to services or download materials.
In order to register, you must complete the appropriate procedure by providing us with current, complete and accurate information as requested in the online registration form.
It is your responsibility to keep your registration information current, complete and accurate, and you are liable for any damages caused by your failure to do so.
You will be asked to choose a password. Maintaining the confidentiality of your password and your account is entirely your responsibility. In addition, you are entirely responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Diennea is not liable for any harm you may incur as a result of someone else using your password or account, whether or not you are aware of it. You may delete your account at any time.
If you breach this Agreement, we may, at our sole discretion, delete your account, remove or edit any content or access linked to your account, or take any other action we deem appropriate.
Art. 3 – Ownership, proprietary information and intellectual property.
a) Diennea Intellectual property
With the exception of content provided by users, or linked to or from an external source, all information and materials appearing as part of the Sites (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles and names (and collectively “intellectual property”) are the property of Diennea Srl and governed by this Agreement.
The Sites in their entirety and all that is subject to intellectual property are protected by the laws on copyright, distinctive signs and trademarks in force in Italy, as well as by the law of the European Union, by international treaties and conventions, and by the laws of other countries, when applicable.
With the exception of information that is in the public domain or for the use of which you have been authorized in writing by Diennea S.r.l., you may not use, reproduce, copy, modify, publish, transmit, distribute, execute, display, download, license, enter into a database, use to create derivative works, reverse engineer, transfer or sell any intellectual property, information, software or products obtained from or through this site, in whole or in part.
b) Linked content
Third-party content that you link to or reference when you post content on the Sites belongs to those same third parties.
Diennea respects the intellectual property rights of third parties. By submitting any material or photographs via the Sites, (1) you are granting permission for publication on the Sites, and (2) you are representing that you are the rightful owner of the material submitted and that no other person or legal entity may claim rights to such material.
Diennea reserves the right to remove access to material that is the result of infringement.
Art. 4. – Limitations of use.
You are deemed to be granted a non-exclusive license to display content on the Sites, but only while accessing the Sites. Except to the extent necessary for the limited purpose of reviewing material on the Sites, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any content for profit is strictly prohibited. The use of any of our marks as metatags on other websites is strictly prohibited.
You may not use any automated or manual practices, devices, processes, software, programs, algorithms, methodologies, or routines, including but not limited to “robots”, “spiders”, or other similar processes or features to interfere or attempt to interfere with, or impose an unreasonable burden on, the operation of the Sites.
Your permission to use the Services is automatically revoked if you violate any of the terms and conditions of this Agreement.
You are authorized only to visit, view, and retain a copy of the Sites’ pages for your own personal use and you agree not to duplicate, download, publish, modify, or otherwise distribute the materials on the Sites for any commercial use or for any purpose other than that described in this Agreement. You also agree not to deep-link to the Sites for any purpose unless specifically authorized by Diennea.
Section 5 – Unauthorized use of the Service
You shall not use the Services for any unlawful, obscene, abusive, harassing, improper or objectionable purpose, to sell or offer to sell goods or services, to conduct or submit surveys, contests or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree not to post or store on our Sites any software, information, data, databases, music, audio, video or audio-video files, photographs, images, documents, text, digital files, or other materials (“Materials”) that violate intellectual property rights (including copyrights, trademarks, trade secrets, patents, rights of publicity, or, to the extent protectable, confidential ideas. Illegal or unauthorized use of the Sites, including but not limited to framing of the Sites or linking to the Sites or unauthorized use of any robot, spider, or other automatic device on the Site, will be investigated and will be subject to any legal action deemed appropriate, including civil action.
Art. 6 – Posting content or linking sources
Diennea reserves the right to refuse to post or to delete any user content or linked source if it contains or features any of the following unacceptable content:
Offensive, harmful and/or insulting language, including, without limitation: expletives, profanity, obscenity, harassment, vulgarity, sexually explicit language and hate speech (e.g., racist/discriminatory speech);
References to illegal and/or unlawful activities, intentional imposition of surcharges, misleading advertising, or violations of the right to health (e.g., food poisoning, foreign objects in food, etc.)
Comments about other users;
Content that includes personal attacks or describes physical confrontations and/or sexual harassment;
Content that consists of advertising or is commercial in nature, or is inappropriate based on the subject matter to which it relates;
Language that violates the norms of good taste or site standards, as determined by Diennea at its sole discretion.
Content that Diennea considers to be illegal, or in violation of any community, state or local law or regulation, or the rights of any other person or entity;
Language intended to imitate other users (including the names of other individuals) or inappropriate or offensive names or user signatures;
Content that is encrypted or contains viruses, Trojans, worms, time bombs, robots or other IT processes intended to damage, interfere with, intercept or appropriate any system, data or personal information.
Section 7 – Reporting
If you see objectionable content or have questions about this agreement, please contact Diennea at helpdesk@magnews.it.
Offline Behavior
Although Diennea cannot monitor the behavior of its users outside of the Sites, it is a violation of this agreement to use any information obtained from our Sites for the purpose of harassing, insulting, or harming another person, or for the purpose of contacting, advertising, soliciting, or selling to any user without their express consent.
Art. 8 – Limitation of Liability
Diennea is in no way responsible for the accuracy of the information provided by Users to the Sites. The use of the Sites is entirely at your own risk. The services on the Sites are provided without any warranty, express or implied. Diennea shall not be liable for any direct and/or indirect harm, losses or lost profits through no fault of its own incurred by you or any third party in connection with your use of the Sites or the information contained therein, including, but not limited to, economic loss, loss or corruption of data, loss of benefits or interest. Diennea’s liability for losses and/or harm incurred by you as a result of, or in connection with, the content on the Sites shall be limited to the removal of the content or material that caused it from the Sites within a reasonable period of time. There is a possibility that hackers may break into the Sites, modify their content and incorporate material harmful to the Sites, such as viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other type of destructive software that may damage the computer equipment or property of others. In this case, Diennea will not be in any way responsible for harm, losses or modifications generated by them to the user or to third parties. Where circumstances permit, Diennea will warn Users of the interruption of the normal operation of the Sites and their services. Under no circumstances will Diennea be liable if you attempt to connect to the Sites using a computer or programs that are obsolete compared to those normally used for an Internet connection. Diennea will not be liable in any case for harm and detriment of any nature caused by the lack of continuity, availability, reliability, usability of the Sites and, in particular, by way of example, but not limited to, for errors in accessing the same. Diennea will not be liable for the speed and reliability of your access to the Internet or to any type of communication network. Diennea will not be liable for any loss or any other circumstance arising from the theft, misappropriation or use of any user identification data (username and password) related to the Sites and access to the program and databases contained in the restricted part of the Sites. You are responsible for maintaining the confidentiality of your identification information related to the Sites and access to the restricted portion.
Section 9 – Indemnification and remedies
You agree to indemnify, defend and hold harmless Diennea, its agents, contractors, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including but not limited to reasonable legal fees, arising out of your breach of any provision of this Agreement, or any warranty provided herein, or otherwise arising in any way from your use of the Sites and/or the Software. Diennea reserves the right to assume sole control of the defensive activities for any action otherwise directed at obtaining indemnification from you, and should this occur you will be required to cooperate fully with Diennea in pursuing any possible defensive activity.
Section 10 – Changes to this Agreement
Diennea reserves the right, at its sole discretion, to modify, suspend or terminate this Agreement, the Services and Sites and/or any portion thereof, and/or your account and password at any time for any reason, upon reasonable notice. Please review this Agreement periodically for changes. Your continued use of the Sites signifies your acceptance of the Agreement and binds you to its changes completely and absolutely. If at any time you believe that you do not wish to accept these changes, you must immediately stop using the Services.
Art. 11 – Modification/termination
In the event that your access to the Services is terminated, you will still be bound by your obligations under this Agreement and any additional terms and conditions, including any warranties given by you and any exclusions and limitations of liability. Diennea is also not liable to you or any third party for any termination of access by you. You may, however, terminate this Agreement at any time by unsubscribing from the Services, subject to the preceding period.
Art 12 – General Provisions
This Agreement, the rights and obligations of the User and Diennea, and all actions, under this Agreement will be governed by Italian law. All disputes arising between you and Diennea shall be submitted to the exclusive jurisdiction of the Court of Bologna, Italy, subject to any different allocation of jurisdiction provided by law in favor of the user.
Use of our Services is unauthorized in jurisdictions that do not recognize the validity of all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover from the losing party the legal fees incurred.
No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of our Services.
If any provision of this Agreement, including, but not limited to, the warranty disclaimers and liability limitations set forth above, is or becomes invalid or unenforceable by operation of law, the remaining provisions shall continue in full force and effect and the invalid and/or unenforceable provision shall be deemed superseded by the valid, enforceable provision that most closely matches the intent and spirit of the original provision.
Our performance of this Agreement is subject to existing laws and procedures, and nothing contained in this Agreement is in derogation of our right to comply with requests or requirements arising from the application of such laws.