1. Introduction, and Acceptance of Terms
1.1 Welcome to the Website. The following Terms and Conditions (the “Terms” or “Terms and Conditions”), together with all other applicable Website legal policies and guidelines, including, without limitation, the Privacy Policy, Cookie Policy, and Disclaimer and Disclosure (collectively, the "Legal Policies"), apply to any individual, group, organization, or other entity that accesses, browses, visits, interacts with, or uses the website with domain name www.ryanwinegan.com (the "Website") that is owned and operated by Ryan Winegan (“Ryan Winegan,” “us,” “we,” or “our”). Ryan Winegan is registered in the Italian Republic (Repubblica Italiana) with VAT number (Partita IVA) IT05534710263.
1.2 By accessing or using this Website and its services, you agree to be bound by these Terms and Conditions and all other applicable Legal Policies. Please review them carefully, as they govern your rights, obligations, and the use of your personal data. All of the Terms and Legal Policies herein are legally binding to the fullest extent permitted by applicable law. If you do not accept and agree to these Terms and this Website's Legal Policies in their entirety, you are not authorized to use the Website and must cease all such actions immediately.
1.3 If you are accessing, browsing, visiting, interacting with, or using this Website on behalf of one or more others, you represent and warrant that you are authorized to accept these Terms and the Legal Policies on their behalf.
2. Purpose of These Terms
2.1 These Terms and Conditions establish:
(a) what you can expect from us as you use the Website;
(b) what we expect from you and the rules for using the Website;
(c) the intellectual property rights related to the Materials you find on the Website and what Ryan Winegan can do with the content you share on the Website and with us;
(d) what you can and cannot do with the Materials;
(e) what legal rights and responsibilities both you and Ryan Winegan have, as well as what to expect in the event of any problems or disagreements regarding these Terms or the Legal Policies; and
(f) all other applicable legal matters relating to the Website and its services.
3. Website and Materials
3.1 For the purposes of these Terms, the Website includes www.ryanwinegan.com and all associated features, graphics, displays, text, images, artwork, music or video clips, software code, scripts, interfaces, documentation, and other components or content, as well as any updates, modifications, or enhancements to any such items or other materials accompanying the Website (collectively, the “Materials”).
4. Scope of Use
4.1 These Terms and Conditions and the Legal Policies govern all users who access, browse, visit, interact with, or use the Website (collectively referred to as “access” or “use” herein), in any capacity, regardless of how they engage with the Website or its services.
5. Interpretation
5.1 Section headers or titles are for convenience only and shall not affect the meaning or interpretation of any provision.
5.2 The term "Entity" refers to any individual, corporation, partnership, limited liability company (LLC), government agency, or any other form of legal or organizational structure, such as sole proprietors, businesses, non-profits, or any other similar organizations. An Entity may act on its own behalf or on behalf of one or more others.
5.3 The terms "you," "your," and "user" refer to any Entity that accesses, browses, visits, interacts with, or uses the Website. Each user of the Website is collectively referred to as “users,” “their,” or “they”.
5.4 The terms "including," "such as," and "or" are interpreted as follows:
(a) “including” is intended to be interpreted in an open-ended, non-exhaustive manner, meaning “including, but not limited to,” “including without limitation,” or similar expressions, and shall not be construed as an exhaustive list;
(b) “such as” is intended to be interpreted in an open-ended, non-exhaustive manner, meaning “such as, but not limited to,” “such as without limitation,” or similar expressions, and shall not be construed as an exhaustive list; and
(c) "or” is inclusive, meaning “and/or,” and connected items may apply singly, jointly, or in combination.
5.5 The abbreviation "e.g." is intended to be interpreted in an open-ended, non-exhaustive manner, meaning 'for example," and similiar expressions, and shall not be construed as an exhaustive or limiting list.
5.6 Words importing the singular shall be interpreted to include the plural, and words importing the plural shall include the singular, unless the context expressly requires otherwise.
6. Application of Interpretation Rules
6.1 The rules of interpretation in Section 5 apply to these Terms and Conditions and the Legal Policies.
7. Legal Policies: Incorporation and Supremacy
7.1 Priority of Terms
If there is any conflict between these Terms and the Legal Policies, these Terms shall prevail, except to the extent the Legal Policies provide otherwise, including where required to ensure compliance with applicable EU or Italian laws, such as data protection obligations under the GDPR and the Italian Privacy Code.
7.2 Incorporation of Legal Policies
All Legal Policies and expressly incorporated by reference into, and form part of, these Terms. By accessing or using the Website, you acknowledge and agree to comply with all such Legal Policies, which govern specific aspects of your use of the Website, including personal data processing in accordance with EU and Italian law.
8. Additional Terms
8.1 In some cases, you may be subject to additional or different terms, policies, or guidelines (“Additional Terms”) that apply to specific websites, services, or features. Such Additional Terms will be provided on the relevant website or in connection with the applicable offering they pertain to. If there is any conflict between these Terms and the Additional Terms, the Additional Terms shall prevail with respect to the subject matter they govern.
8.2 All Additional Terms are expressly incorporated by reference into, and form part of, these Terms.
9. Services Provided
9.1 This Website provides:
(a) Information about Ryan Winegan;
(b) Information about Ryan Winegan's creative work;
(c) Features of Ryan Winegan in the press;
(d) Information about non-profit causes Ryan Winegan supports;
(e) Links to third-party websites;
(f) Links to platforms or retailers where Ryan Winegan's work is available;
(g) Materials available to users via the internet; and
(h) An online submission form that allows users to submit inquiries.
9.2 This Website does not sell products or process donations, sales, payments, orders, or any other transactions directly. Any such transactions are carried out exclusively with the relevant third-party platform, retailer, service, or external website (collectively, "Third-Party Services"), under their own terms and conditions.
9.3 This Website does not handle customer service-related issues or any third-party customer service-related inquiries.
10. Third-Party Services
10.1 Your interactions with Third-Party Services linked to, promoted, or advertised on this Website (e.g., for purchasing products) are governed by the terms, privacy policies, and all other applicable legal policies and guidelines of those third parties. Please review the privacy policy, terms of service, and all other respective legal policies and guidelines before engaging in transactions or providing personal information. Any purchases or agreements you enter into with Third-Parties Services are strictly between you and them. Ryan Winegan is not responsible for the content, policies, or practices of Third-Party Services. Please note that your rights under mandatory EU or Italian law, including consumer protection rights, are not affected by this provision.
10.2 Any issues, inquiries, or disputes relating to Third-Party Services must be addressed directly to the relevant Third-Party Service provider(s). Users understand and accept that Ryan Winegan is not obliged to resolve any issues arising from the use of Third-Party Services.
10.3 When you engage with Third-Party Services, your personal data may be processed in accordance with their privacy policy, and you should ensure that you understand how your data will be handled. Users understand and accept that Ryan Winegan is not responsible for the processing of personal data by these Third-Party Services.
11. Age Limitations
11.1 The Website is not directed to any user whose age:
(a) is under the age of 18 years old or the age of majority;
(b) restricts the processing of their personal data; or
(c) requires parental or legal guardian consent to process their personal data.
11.2 If you are a minor, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand them. The term “minor” refers to anyone who is under the age of 18 or the age of majority in their jurisdiction, whichever is greater.
11.3 Each minor who accesses, browses, visits, interacts with, or uses the Website is collectively referred to “minors” herein. Nothing in this Website is intended to solicit information from minors, and the Website is not designed to determine whether a user is a minor.
11.4 If you are a minor, do not submit any personal data to Ryan Winegan, including your name, email address, telephone number, or any other information that would permit us to identify you. Because such information will not be specifically identified as being from minors, users of this Website should be aware that personal data submitted by minors may be treated in the same manner as information given by an adult.
11.5 We do not knowingly collect or use personal data from minors. If we learn that we have collected or received personal data from a minor without verification of parental or guardian consent, Ryan Winegan will delete that information. If you believe we might have any information from or about a minor, please promptly inform Ryan Winegan.
12. User Liability and Geographic Restrictions
12.1 Non-EEA Users
Ryan Winegan is not liable for claims or liabilities related to personal data for users outside the European Economic Area (EEA), to the extent permitted by law.
12.2 Italian and EEA Users
For users within Italy or the EEA, this Website complies with GDPR and the Italian Privacy Code, and nothing here limits rights granted to applicable law.
12.3 Third-Party Websites
We are not responsible for third-party websites accessed via links; Users are responsible for compliance with their terms and policies.
12.4 Exceptions to Liability Limitations
Nothing in these Terms limits our obligations under mandatory consumer protection laws, data protection/privacy laws, or accessibility obligations (Legge Stance 4/2004 and EU accessibility directives).
13. Geographic and Content Type Restrictions
13.1 This Website is intended to be accessible globally. However, Ryan Winegan makes no claims or representations that the Website, any of the services provided, or any of the Materials available are accessible, appropriate, or legal for use by users outside the Italian Republic or the European Union. Users who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with applicable local laws and regulations, if and to the extent local laws or regulations are applicable.
13.2 The information provided on the Website is not intended for distribution to, or use by, any users in any jurisdiction or country where such distribution, publication, or use would be contrary to law or regulation.
13.3 The Website is not directed to any users in any jurisdiction where the publication or availability of the Website is prohibited, by reason of their nationality, residence, or otherwise. Users under these restrictions must not access the Website.
13.4 Users in jurisdictions where any content or services on this Website are restricted by law should refrain from accessing the Website. By accessing this Website, you agree that you are solely responsible for ensuring that your use of the Website complies with all applicable local laws and regulations, including those related to:
(a) Intellectual property rights, such as restrictions on copyrighted materials, trademarks, or any other intellectual property;
(b) Content that may be regulated, such as services that require specific licenses or approvals in certain regions; and
(c) Other legal restrictions, including those that may apply to the type of content or services provided on this Website in specific jurisdictions.
13.5 If you are in a jurisdiction or country where accessing any content, service, or any of the Materials on this Website would violate any laws, you should immediately discontinue use of the Website.
14. User Restrictions and Prohibited Conduct
14.1 Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website.
14.2 Except and solely to the extent such a restriction is impermissible under applicable law, you shall not:
(a) violate any applicable laws, rules, regulations, or statutes in connection with your access to or use of the Website;
(b) constitute or encourage conduct which would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted internet protocol;
(c) send Ryan Winegan any illegal or unauthorized material;
(d) use any electronic communication feature of the Website for any purpose that is abusive, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, threatening, hateful, or otherwise unlawful;
(e) pretend that you are, or that you represent, someone else, or impersonate any other Entity;
(f) use the Website in a manner that derives revenue directly from such use, or use the Website for any other purpose for which it is not designed or intended;
(g) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Website;
(h) alter information on or obtained from the Website;
(i) use any manual or other process to monitor or copy any of the content on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
(j) remove, alter or obscure any proprietary notice (including any notice of copyright, trademark, or any other form of intellectual property) of Ryan Winegan or any other intellectual property owner;
(k) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Website, even for research purposes;
(l) use any robot, spider, deep-link, scraper, or other automated means or interface to access the Website or extract data or gather or use information, such as email addresses, available from the Website or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
(m) use or launch any automated system, including robots, spiders, offline readers, or any other similar tools, that accesses the Website in a manner that sends more requests to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional online browser;
(n) attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
(o) use any device, software, or routine that overburdens or interferes with the proper working of the Website;
(p) introduce any viruses, Trojan horses, worms, logic bombs, or other material to the Website that is malicious or technologically harmful;
(q) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
(r) circumvent, disable, or tamper with any security-related components or other protective measures applicable to the Website;
(s) take any action which might impose a significant burden (as determined by us in our sole discretion) on the Website’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Website; or
(t) attempt to do any of the acts described in this Section 14.2, or assist or permit any Entity in engaging in any of the acts described in this Section 14.2.
14.3 If you are prohibited under applicable law from using the Website, you must not use it.
14.4 If you are prohibited under applicable law from using any of the Materials of the Website, you must not use them.
14.5 We strictly prohibit the impersonation of Ryan Winegan, misrepresentation of any business or personal relationship with Ryan Winegan, or false claim to ownership of Ryan Winegan’s assets, including any of Ryan Winegan’s websites, social media accounts, intellectual property, product designs, or other creative works (both tangible and intangible) sold directly or via Third-Party Services, as well as any other Ryan Winegan property. Such actions, if intended to fraudulently gain service, custom, patronage, or user trust, are expressly forbidden.
15. Linking to the Website
15.1 You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
15.2 Subject to the foregoing, you must not:
(a) Establish a link from any website that is not owned by you;
(b) Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or
(c) Otherwise take any action concerning any of the Materials of or on the Website that is inconsistent with any provision of these Terms and Conditions.
15.3 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw any linking permission without notice. We may disable all or any link at any time without notice in our discretion.
16. Ownership and Proprietary Rights
16.1 The Website and its entire contents, features and functionality (including all information, software, text, displays, images, and any other characteristic thereof, as well as the design, selection and arrangement thereof), are owned by Ryan Winegan or other providers of such material and are protected by United States, European, or international copyright, trademark, and other intellectual property or proprietary rights laws.
16.2 The name “Winegan Designs” and any other product name, service name, or logo featured on the Website are registered trademarks or trademarks of Ryan Winegan. All other product names, service names, company names, and logos are trademarks, registered trademarks, or copyrighted properties of their respective owners or licensors.
16.3 You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Ryan Winegan or the respective intellectual property owner. You acknowledge that you do not acquire any ownership rights in any protected content.
16.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
16.5 We do not grant you any licenses, express or implied, to the intellectual property of Ryan Winegan or any other provider of such material or our licensors, except as expressly authorized by these Terms.
16.6 You agree to abide by and adhere to the copyright, trademark, and other intellectual property and proprietary laws, and you shall be solely responsible for any breach or violation of these Terms.
16.7 Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. You shall be liable for damages resulting from the breach or violation of any provision contained in these Terms.
16.8 If you print, copy, modify, download, or otherwise use or provide any other Entity with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our opinion, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any Materials on the Website is transferred to you, and all rights not expressly granted are reserved by Ryan Winegan.
16.9 If you wish to request the right to use or license any material on the Website or any property of Ryan Winegan beyond what is outlined in this Section 16, please direct Your request to: info@ryanwinegan.com. Even though we appreciate your inquiry and interest, we cannot guarantee that you will receive a response from us regarding your request. We will grant or reject all such requests in our sole discretion.
17. Submission and Provision of Materials and Ideas
17.1 No Confidential or Proprietary Submissions
Do not submit any information or any other material that you consider confidential or proprietary, either to us or through the Website.
17.2 Voluntary Provision and Submissions
If you voluntarily provide any suggestion, feedback, material, idea, content, or other communication to Ryan Winegan (collectively, a "Submission" or "Idea") you acknowledge and agree that:
(a) Ryan Winegan has no obligation to treat the Submission as confidential information;
(b) Ryan Winegan has no obligation to read, reply, use, post, or respond to your Submission;
(c) By providing the Submission, you grant Ryan Winegan a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free, transferable, sublicensable right to use the Submission for any lawful purpose, including improving the Website, developing products or services, or other activites consistent with our operations;
(d) You warrant and represent that you own or otherwise control all of the proprietary rights to your Submission; and
(e) Any personal data included in the Submission will be processed in accordance with the Privacy Policy and applicable data protection laws (GDPR and Italian Privacy Code).
17.3 Use of Submissions
By voluntarily providing any Idea to Ryan Winegan, you acknowledge and agree that:
(a) Ryan Winegan may independently develop or adopt any idea identical or similar to your Idea;
(b) Ryan Winegan is not responsible and shall not be liable for any compensation, royalties, or other payment in connect with the use or adoption of any such Idea; and
(c) Submission of your Idea does not transfer ownership or grant any rights to Ryan Winegan beyond the limited rights described in this clause.
18. Email and Other Electronic Communications
18.1 Electronics Communications
Visiting the Website or sending emails to Ryan Winegan constitutes electronic communications. By doing so, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, or other communication provided to you electronically, via email, or on the Website satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, and in compliance with EU and Italian electronic communications and data protection laws. Any personal data included in such communications will be processed in accordance with our Privacy Policy.
18.2 Communication Disclaimer
We welcome communicaton by e-mail or any other electronic communication method, such as via the submission form on this Website or another communication means. However, sending an email or other electronic communication does not establish any business, contractual, legal, or other professional relationship, partnership, collaboration, or any form of binding arrangement.
18.3 As explained more fully in our Privacy Policy, we will take reasonable steps to protect the confidentiality of any communications you send to us. However, we cannot guarantee the security of such communications, nor can we guarantee that we would not be required to disclose them in good faith in response to a court order, any other legal obligation, or similar mandatory requirement under applicable law.
18.4 Always use caution when giving out any personal identifying information about yourself.
19. No Guarantee of Response
19.1 Unless otherwise required by law, any feedback, inquiry, submission, or other communication sent to us is not guaranteed to receive a response. We thank you for your inquiry and appreciate your understanding.
20. Accessibility
20.1 Although we aim to make this Website as accessible and user-friendly as possible for all users, you understand that we may be exempt from certain legal accessibility obligations under the European Accessibility Act (Directive (EU) 2019/882), and that we do not guarantee the Website will meet all accessibility requirements. Furthermore, you acknowledge that we are not responsible for the accessibility features or limitations of third-party platforms or services we do not control, and that you use those platforms or services at your own choice and discretion.
20.2 For more information about the accessibility of this Website, please view our Accessibility Statement and the Accessibility Disclaimer section in the Disclaimer.
21. Cookies and Tracking
21.1 Our Website may use cookies and similar technologies. For details, see our Cookie Policy. Any new cookies or data processing requiring consent will comply with GDPR and Italian law.
22. Amendments to Website, Access, and Terms
22.1 Website Access and Content
Ryan Winegan reserves the right to modify, remove, restrict, refuse, or discontinue access to the Website and any Materials on the Website at any time and for any reason, at our sole discretion, without prior notice, except where notice is required by applicable law.
22.2 Third-Party Content
Ryan Winegan may, but is not obligated to, monitor, edit, or remove any content on this Website deriving from or provided by third parties, including text, images, photos, posts, logos, marks, graphics, designs, files, and all other information and materials, at any time and for any reason, at our sole discretion, without prior notice, except where notice is required by applicable law.
22.3 Changes to Terms and Policies
We may update, change, or replace these Terms and the Legal Policies, at any time and at our sole discretion, by posting the changes on the Website. All changes are effective immediately upon posting and apply to all subsequent use of the Website. Significant changes will be reflected by updating the "Last Updated" date at the top of the respective Website legal policy to which it pertains. Where required by law, we will notify you of material changes via email or a prominent notice on the Website.
22.4 Acceptance of Changes
Your continued use of the Website following the posting of any revised Terms or other Legal Policies constitutes your acceptance of those changes. You are expected to periodically review the Terms and all other Legal Policies to remain informed of any updates. If you do not agree to any revisions, you must STOP accessing the Website immediately.
23. Indemnification
23.1 Your Obligation to Indemnify
You agree to indemnify and hold harmless Ryan Winegan, as well as any future affiliates, agents, employees, contractors, representatives, or other individuals or entities that may become involved with the operations of Ryan Winegan or the Website (collectively, the “Indemnified Parties”), from and against any and all claims, demands, losses, damages, settlements, liabilities, actions, judgments, costs and expenses (such as reasonable attorney’s fees, costs of litigation, and related expenses), whether or not involving a third party, arising from any violation by:
(a) you of these Terms;
(b) you of any laws, regulations, or rules;
(c) your use of the Website;
(d) infringement by you of any intellectual property or proprietary rights; or
(e) your use of Materials accessed through the Website.
23.2 Additional Indemnity Clause
You agree to also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third-parties arising out of your use of the information accessed from the Website.
23.3 Scope of Indemnity
(a) This indemnity applies only to claims directly related to your misuse of the Website; and
(b) It does not cover claims arising from the Indemnified Parties' own negligence, willful misconduct, or violation of applicable law.
23.4 Notice and Cooperation
(a) You must promptly provide the Indemnified Parties with written notice of any claim, potential claim, or legal action related to your use of the Website.
(b) You agree to cooperate fully, at your own expense, in the defense or settlement of any such claim, to the fullest extent permitted by applicable law.
(c) In the event that an Entity makes makes a claim against us because of your improper use of the Website or any other provision in Section 22.1 or Section 22.2, you agree to help cover any related costs. This does not apply to anything we are responsible for ourselves.
23.5 Indemnity Limitations
(a) This indemnity is limited to the extent permitted under EU and Italian law.
(b) It is intended to cover only claims reasonable related to your unlawful or prohibited use of the Website and does not waive any rights you may have under mandatory consumer protection laws.
24. Choice of Law and Jurisdiction
24.1 Governing Law
These Terms, and any disputes arising out of in connect with them or any other Legal Policies, shall be governed by and construed in accordance with Italian law, without prejudice to any mandatory rights granted under EU or Italian law.
24.2 Consumer Rights
If you are a consumer residing in the EU, nothing in this clause limits your rights under mandatory consumer protection legislation, including the right to bring proceedings in the courts of your country of residence.
24.3 Jurisdiction
(a) For consumers, you may bring proceedings in your country of residence in the EEA or in Italy.
(b) For business-to-business disputes, the courts of Italy shall have exclusive jurisdiction.
24.4 Alternative Dispute Resolution
Where applicable, disputes may also be submitted to mediation or other alternative dispute resolution procedures in accordance with EU and Italian law.
25. Governing Language
25.1 The original version of all the Website's legal policies, including these Terms and the Legal Policies, is in English. This may not apply to any Additional Terms. In the event of any translation, the English version shall prevail and is provided for convenience and reference purposes.
25.2 Except for Additional Terms, which may be subject to separate rules, the English version of the Website, these Terms, and the Legal Policies shall generally prevail in case of discrepancies. However, you may rely on translations to the extent necessary to understand and exercise your mandatory rights under EU or Italian law.
25.3 You acknowledge that while translations may be provided or used to assist understanding, any discrepancies between a translation and the English version do not affect your statutory rights.
26. Dispute Resolution, Arbitration, and Class Action Waiver
26.1 Informal Resolution
If you have any concerns or disputes with Ryan Winegan, you agree to first attempt to resolve the issue informally by contacting us at: legal@ryanwinegan.com. You agree to make a good faith effort to resolve the dispute within 30 days of submission.
26.2 Binding Abritration
If a dispute is not resolved within 30 days of submission, you agree to resolve the dispute through binding arbitration under the rules of the Chamber of Commerce of Treviso-Belluno|Dolomiti, with the arbitration proceedings taking place in Treviso, Italy, within the European Union. You also acknowledge that:
(a) The official language of Italy is Italian, and arbitration proceedings may be conducted in Italian if English is not available.
(b) You ane Ryan Winegan agree to waive any right to initiate or participate in any class action, representative action, or class arbitration in connection with these Terms, or any policies or guidelines incorporated into this Terms and Conditions, unless such waiver is prohibited by mandatory applicable law. This waiver is effective only to the extent permissible under EU or Italian consumer protection law and does not limit your right to seek individual redress in accordance with mandatory law.
(c) The decision of the arbitrator(s) is final and binding, and no award or procedural order shall be published.
26.3 Arbitration Costs
Except as required by law, you agree to you agree to bear all costs associated with initiating and administering the binding arbitration.
26.4 Consumer Protection Rights
If you are located in the European Union, you may have specific legal rights under applicable consumer protection laws that cannot be waived. Subject to those rights:
(a) Disputes must be resolved through individual arbitration;
(b) Class or cllective actions are not allowed; and
(c) Each party bears its own costs of arbitration, to the extent permitted by applicable law.
26.5 Fallback Jurisdiction
If any arbitration provision is found invalid or unenforceable:
(a) Legal proceedins shall be exclusively submitted to the competent courts in the Province of Treviso, Italy:
Giudice di Pace (Justice of the Peace) for minor claims.
Tribunale Civile di Treviso (Civil Court of Treviso) for larger claims.
26.6 Translation Responsibility
You acknowledge that you are responsible for any translation needed to understand arbitration or court proceedings. Legal documents or proceedings may not be in English; you are responsible for ensuring access and understanding.
26.7 Time Limit for Claims
Except where prohibited by applicable law, any claim arising under these Terms must be commenced within one (1) year after claimant first knows or reasonably should know of the act, omission, or default giving rise to the claim. Claims not asserted within this period are barred.
26.8 Injunction Relief
In the event your use of the Website violates these Terms:
(a) Ryan Winegan may seek injunctive or other equitable relief in any jurisdiction, to the extend permitted under applicable law;
(b) You acknowledge that Ryan Winegan may request such relief, but you retain all rights granted under mandatory EU or Italian law; and
(c) Ryan Winegan may initiate proceddings in your country, your country or residence, or any other relevant jurisdiction, without limiting your statutory rights as a consumer under EU or Italian law.
27. No Relationship
27.1 Nothing contained in these Terms will in any way constitute any association, partnership, agency, employment or joint venture between you and Ryan Winegan, or be construed to evidence the intention of you or Ryan Winegan to establish any such relationship.
27.2 You and Ryan Winegan do not have the authority to obligate or bind each other, in any manner.
28. Assignment and No Third-Party Beneficiaries
28.1 You will not assign any of your rights or delegate any of your obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempted assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
28.2 These Terms are not intended to, and do not, confer any rights or remedies upon any person, group, organization, or other entity other than you.
28.3 We may assign or transfer our rights and obligations under these Terms to a third party, including in connection with any merger, acquisition, restructuring, sale, transfer, or other transaction affecting control or ownership. We will ensure that any such assignment does not materially affect your rights under these Terms.
28.4 Where applicable laws require, we will notify you of the assignment in advance or within a reasonable time thereafter.
29. Waiver
29.1 No waiver by Ryan Winegan of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ryan Winegan to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
29.2 The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Ryan Winegan.
30. Severability
30.1 If any provision of these Terms, the Legal Policies, or any other applicable legal policy or guideline of the Website is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remaining provisions shall remain in full force and effort.
31. How to Contact Us
31.1 For any questions or concerns about these Terms, and all other feedback, comments, or other communications relating to the Website, please contact Ryan Winegan at info@ryanwinegan.com.
Terms and Conditions
Effective Date: September 5, 2025
Last Updated: September 5, 2025