Terms and conditions - Part 2
Disclaimer / Liability
Use of the Website and the facilities thereon, and any material or information obtained from this Website is at your own risk, and Modellisimo.com hereby expressly disclaims, to the fullest extent permitted by applicable law, all warranties, expressed or implied, of any kind whatsoever including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and infringement. In addition, Modellisimo.com shall not be responsible for the failure of performance of this Website and/or the software used thereon; the loss of data or services resulting from delays, non-deliveries, or service interruption; the accuracy, quality or nature of information obtained through its services; nor the consequences arising from or related to any viruses transmitted through its servers, or any liability, costs, loss of profits or consequential losses arising from your use of, or inability to access this Website.
In relation to Content uploaded by users, All such Content whether expressed as opinions, statements or recommendations, are those of users expressing such views and are not those of Modellisimo.com Not withstanding any other provision in these Terms and Conditions, nothing herein shall limit your rights as a consumer under English law. Modellisimo.com will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website, or products or services offered on the Website, whether by Modellisimo.com or on its behalf, for:
(1) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (2) any loss of goodwill or reputation; or (3) any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either party at the date on which the event giving rise to the loss occurred. Nothing in these Terms and Conditions shall exclude or limit Modellisimo.com liability for death or personal injury resulting from the negligence of Modellisimo.com or that of its servants, agents or employees. You agree to indemnify Modellisimo.com in respect of any liability or any costs, loss of profits, loss of data, or consequential losses arising from a breach by you of any of the terms of this agreement, or arising out of your use of any of the Modellisimo.com sites.
While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Modellisimo.com reserves the right to deny in its sole discretion any user access to this Website or any other Modellisimo.com site, or any portion thereof, without notice. Modellisimo.com also reserves the right to remove any Content that it deems in its sole discretion to be unacceptable, undesirable or in violation of these Terms and Conditions.