top of page

Terms and Conditions

By using the Site  www.realthroughput.com   and all its web pages (hereinafter the "Site"), you declare to accept the following Terms and Conditions and the others applicable laws. If you do not agree to be bound by these Terms and Conditions, or by any provision of these terms, you will not be able to use the Site.

1. Definitions

1.1 to allow full understanding and acceptance of these Terms and Conditions, the following terms, in the singular and plural, will have the meaning indicated below:

  • Real Throughput Srls , Via Roma 1 / c, Garbagnate Milanese (MI), hereinafter "Real Throughput" is the owner of this Site.

  • User and / or Visitor : any person who accesses and uses the functions of the Site

  • Registered User : User (natural or legal person) who has registered his own User Account with Real Throughput

  • User Account : the account created by a User with Real Throughput and identification of that specific Registered User

  • User Content : any content created, provided, imported, copied or uploaded to the Site by a Registered User with his User Account, including all drawings, images, animations, videos, audio files, fonts, logos, codes, illustrations, compositions, works of art, interfaces, usernames, information provided for the purpose of creating any subdomain, text, literary works and any other material ("Content").

2. Terms for using a User Account

2.1 The access and use of some sections and features of the Site is subject, first of all, to the registration and creation of a User Account with Real Throughput. In particular, the sections that require the registration of a User Account in order to be used by the User are the Blog and the Community sections included in the Real Throughput Site.

2.2 Access to the User Account by a third person may allow such third parties to take actions solely available to the Registered User, make changes to the User Account and accept any legal conditions available therein, make various statements, provide guarantees and much more, in which case all these activities will be considered carried out in the name and on behalf of the Registered User identified by the User Account.

2.3 Therefore, it is strongly recommended to keep the access credentials to your User Account strictly confidential, as the person identified by him will be the sole and complete responsible for all the activities that take place on his User Account (including declarations, guarantees and commitments contained therein), whether or not they are specifically authorized by the user, and for any damages, expenses or losses that may arise from such activities.

2.4 You must provide accurate and complete information when registering your User Account and using the Site and its services. We strongly recommend that you provide us with your personal (or business) contact information, including a valid email address, which we can use to identify and determine the true owner of your User Account and / or the User Content you submit to us.

2.5 In the event of a dispute over the ownership of a User Account, we reserve the right to determine ownership of such User Account in our reasonable judgment, whether or not an independent investigation is conducted. However, if we are unable to make a decision (in our sole discretion), we reserve the right to withhold and / or suspend your user account until the parties disputing your ownership have resolved the matter, without any liability to you or any other party.

3. Responsibility of the User

3.1 You represent and warrant that you are at least thirteen (13) years of age or sixteen (16) years of age if you reside in the European Union (EU) or have reached the age of majority applicable in your jurisdiction and that you have the legal authority, the right and freedom to sign the Real Throughput Terms and Conditions and to enter into a binding agreement on behalf of the User or the natural or legal person bound by the User to the Real Throughput Terms and Conditions;

3.2 As a Registered User, the user can have the right to create content and posts on the Blog Section contained in the Site. In this case, the User confirms and guarantees:

  • to be the owner of all rights to any User Content created and / or copied and / or imported and / or uploaded by the User to the Site.

  • that the User Content is (and will continue to be) true, current, accurate, not intended to violate the rights of third parties and may be lawfully uploaded, imported, owned, transmitted, viewed or otherwise used by the user in the country in which he / she resides or which the user can access and import, copy, upload, upload, use or possess in connection with the Services;

  • that you have obtained all necessary consents and permissions in compliance with all applicable laws, regarding the publication, transmission and publication of any personal information and / or image or representation of any person, entity or property forming part of the Content of the User, and to comply with all applicable laws.

3.3 The User accepts and undertakes to:

  • fully comply with all laws and other contractual conditions governing the use of the Services (and related interactions or transactions), including specific laws applicable to the User in any of its geographic locations

  • be solely responsible for compliance with any and all use of the Service and for any and all type of User Content

  • receive from time to time messages and promotional materials from Real Throughput or its partners, by post, email or any other form of contact you may provide to us (including the telephone number for making calls or sending text messages) . If you do not wish to receive such promotional materials or communications, please note that you can opt out at any time.

4. Intellectual Property

4.1 In the relationship established between Real Throughput and the User, the User who created a User Content is the owner of all intellectual property rights relating to his User Content. By creating User Content on this Site, the User grants Real Throughput an unlimited license to publish the Content on this Site. Furthermore, for the sole purpose of providing the services, the User acknowledges and accepts that Real Throughput will need to access, upload and / or copy User Content on our platform, to make display adjustments, duplicate backups and to perform any other technical operation and / or use necessary to perform our services, as we deem appropriate.

4.2 These Terms and Conditions do not transfer to the User any license to use the Site and / or the individual Content and / or the materials and / or User Content available therein, for any other purpose than the display and consultation of the Site, unless otherwise regulated.

4.3 All information, content, text, images, html code, photography and graphics published on this site are the property of Real Throughput or its licensors, and may not be copied, reproduced, republished, published, transmitted or distributed in any way without our express, prior, written consent. All trademarks and logos used or referred to on this Site are the property of their respective owners . 

4.4 Any reproduction in any form of the texts and contents of the Site, if not authorized, will be considered a violation of the intellectual and industrial property rights of the Owner and his licensee.

5. Cancellation

5.1 The User can stop using and request the cancellation of his Account at any time. The effective date and time of such cancellation will be the date and time when the cancellation process was completed.

 

5.2 Failure by the Registered User to comply with any of these Terms and Conditions of Use authorizes Real Throughput to suspend or cancel their User Account and to provide the User with the related Services.

6. Warranty disclaimer

6.1 This site is provided "as it is" and Real Throughput expressly disclaims all warranties of any kind, whether express or implied, including the warranties of merchantability and fitness for a particular purpose.

6.2 Real Throughput will endeavour to ensure that the Site is available without interruption 24 hours a day, but may not in any way be held liable if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons beyond the control of Real Throughput or due to events of force majeure.

6.3 The User indemnifies Real Throughput from any liability in relation to the illegal distribution of third party content or the use of the Application in a manner contrary to the law.

7. Limitation of Liability

7.1 tìThe User agrees to indemnify and hold harmless Real Throughput (and any of its subsidiaries or affiliates, its representatives, contractors, consultants, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred in defending themselves in court, that may arise from damage caused to other Users or third parties, in relation to the Content uploaded, the violation of the terms of law or the terms of these Terms and Conditions.

7.2 Real Throughput will therefore not be held responsible for:

  • any loss that is not a direct consequence of Real Throughput's breach of the Agreement;

  • any loss of business opportunity and any other loss, even indirect, that may be suffered by the User (such as, but not limited to, loss of business, loss of revenues, income, profits or presumed savings, loss of contracts or commercial relationships, loss of reputation or goodwill, etc;);

  • damages or losses deriving from interruptions or malfunctions of the Site due to force majeure events or, in any case, for unforeseen and unforeseeable events and, in any case, independent of the will and outside the sphere of control of Real Throughput such as, by way of exemplary and not exhaustive, interruptions or interruptions of telephone or electrical lines, of the Internet and / or in any case of other means of transmission, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties;

  • improper or inappropriate use of the Site by Users or third parties.

8. Links to Third Party Sites and Services

8.1 The links on this Site may lead to external services or websites not managed by Real Throughput. No judgments or warranties are made with respect to such other services or sites, and Real Throughput assumes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service.

8.2 Some of these links may refer to third-party sites or services that provide services through this Site. In these cases, the general conditions for the use of the site and for the use of the service provided by third parties will apply to the individual services, for which Real Throughput assumes no responsibility.

9. Communications

9.1 We may send you our communications in one of the following ways:

  • through the Real Throughput Services, including through a banner or pop-up window within the Real Throughput site, your account or elsewhere; via e-mail, sent to the e-mail address provided by you; and / or

  • by email, sent to the email address provided to us by You; and / or

  • by any other means, including any telephone number or physical address provided by you . 

 

9.2 Real Throughput communications to the User are considered received and effective within twenty-four (24) hours of their publication or sending with any of the above methods, unless otherwise indicated in the notice.

10. Miscellaneous

10.1 All information and material provided on this Site are for illustrative purposes only. It has no purpose and does not create any commercial, contractual or working relationship with Real Throughput.

10.2 No waiver by either party of any article of these Terms and Conditions will be effective.

10.3 If any provision of these Terms is illegal or invalid, it will not be considered part of these Terms and this does not affect the other provisions which will continue to be valid to the fullest extent permitted by law.

10.4 The protection and processing of personal data will take place in accordance with the Privacy Policy, available at the following internet address   https://www.realthroughput.com/privacy-policy

11. Applicable Law and Jurisdiction

11.1 These conditions and all disputes relating to the execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of Milan.

Last updated on : 05/28/2022

bottom of page