Terms of Service
Inglobe Technologies srl
This document describes the Terms of service for the free services offered by Inglobe Technologies through its website and servers. Any paid service is ruled by the License Agreement that you subscribe with the service.
By using Inglobe Technologies website and services, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the “Terms of Service”). We may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service at http://www.inglobetechnologies.com
- USE OF SERVICES
In consideration of your use of Inglobe Technologies services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Italy or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by Inglobe Technologies Srl (hereafter also Inglobe). You are responsible for maintaining the confidentiality of your Inglobe account password, and are responsible for all activities that occur under your account. You agree to immediately notify Inglobe of any unauthorized use of your password or account or any other breach of security. Inglobe cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1. Inglobe reserves the right to refuse service to anyone at any time without notice for any reason.
- APPROPRIATE CONDUCT
Most material is posted by Inglobe. For what concerns material posted by subjects different from Inglobe, you understand that all information, data, text, photographs, graphics, executables, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You understand that by using Inglobe services, you may be exposed to Content that is out of Inglobe’s control. You agree that you are responsible for your own conduct and Content while using Inglobe’s services and for any consequences thereof. You agree to use Inglobe’s services only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Inglobe’s services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful Content; upload, post, email or transmit or otherwise make available any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such Content; upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines. download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner; impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; restrict or inhibit any other user from using and enjoying Inglobe services; use Inglobe services for any illegal or unauthorized purpose; remove any copyright, trademark or other proprietary rights notices contained in or on Inglobe services; interfere with or disrupt Inglobe services or servers or networks connected to Inglobe services, or disobey any requirements, procedures, policies or regulations of networks connected to Inglobe services; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Inglobe services or collect information about users for any unauthorized purpose; submit Content that falsely expresses or implies that such Content is sponsored or endorsed by Inglobe ; create user accounts by automated means or under false or fraudulent pretenses; promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature. While Inglobe prohibits such conduct and Content in connection with Inglobe’s services, you understand and agree that Inglobe may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or move any Content submitted to Inglobe’s services. You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use Inglobe’s services at your own risk.
- PROPRIETARY RIGHTS
You acknowledge and agree that Inglobe’s services and any necessary software used in connection with Inglobe services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through Inglobe services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Inglobe or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Inglobe services or the Software, in whole or in part. Inglobe grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Inglobe services. You agree not to access Inglobe’s services by any means other than through the interface that is provided by Inglobe for use in accessing Inglobe services.
Inglobe claims no ownership or control over any Content submitted, posted or displayed by you on or through Inglobe’s services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Inglobe’s services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content through Inglobe’s services, you grant Inglobe and its end users a worldwide, royalty-free, non-exclusive, perpetual license to exercise the rights in the Content, as stated below: to reproduce the Content; to create and reproduce derivative works of the Content; to display publicly and distribute copies of the Content; to display publicly and distribute copies of derivative works of the content. Furthermore, for the avoidance of doubt, Inglobe reserves, and you grant Inglobe, the right to syndicate Content submitted, posted or displayed by you on or through Inglobe’s services and use that Content in connection with any of the services offered by Inglobe. Notwithstanding the above, end users may not aggregate the Content obtained from Inglobe’s services for redistribution, and may not use or distribute Content obtained from Inglobe’s services in a mapping or geographic application or service without Inglobe’s prior authorization. You retain the right to make the Content available under different license terms or to stop distributing the Content through Inglobe’s services at any time; provided, however that any such election will not serve to withdraw the license granted under these Terms of Service. In order to stop distributing the Content through Inglobe’s services, you must terminate these Terms of Service as set forth in Section 9, or utilize the content removal function (if provided within the service), in which case the content removal will be effective within two (2) days.
- POLICIES REGARDING COPYRIGHT, TRADEMARKS, AND BRAND FEATURES
It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law. Any use of Inglobe’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service. By submitting Content to Inglobe’s services and website, you authorize Inglobe to use your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with Inglobe’s authorized distribution of the Content.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Inglobe has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Inglobe services. You acknowledge that Inglobe has set no fixed upper limit on the number of transmissions you may send or receive through Inglobe services or the amount of storage space used; however we retain the right, at our sole discretion, to create limits at any time with or without notice.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or resell any portion of Inglobe services, use of Inglobe services, or access to Inglobe services.
- MODIFICATIONS TO SERVICE
Inglobe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Inglobe’s service (or any part thereof) with or without notice. You agree that in case of free services, Inglobe shall not be liable to you or to any third party for any modification, suspension or discontinuance of Inglobe free services.
- CHARGES, REFUND AND CANCELLATION POLICY
AR-media is a cloud-based service which is delivered to users via the internet and does not involve the delivery of physical goods to users of the service. You agree that Inglobe Technologies may charge to your credit card or other payment mechanism selected by you and approved by Inglobe Technologies all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. We will begin to provide the AR-media service to you as soon as your payment has been approved and we activate Your Account. Inglobe Technologies may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that Inglobe Technologies will provide you with prior notice and an opportunity to terminate Your Account. For free services, if Inglobe Technologies changes the price of the Free Service to which you are subscribed, Inglobe Technologies will not charge you for the previously free Service and will start to charge you only after you have been notified of the applicable fees and agreed to pay such fees. For paid services, if Inglobe Technologies changes the price of a Paid Service to which you are subscribed, Inglobe Technologies will start to charge you with the new pricing only after the date of expiry of your current subscription and after you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event Inglobe Technologies is unable to collect the fees owed to Inglobe Technologies for the Services through Your Account, Inglobe Technologies may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Inglobe Technologies in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Inglobe Technologies may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for. We operate a “no refunds” policy across all our accounts/ plans and all fees charged for the use of the service (including any VAT or other sales taxes charged on the fees) are NON-REFUNDABLE. The above policy does not affect any statutory rights that you may have as a consumer to claim a refund. If you have a complaint about AR-media we would encourage you to first contact us at firstname.lastname@example.org so we can discuss your concerns. We will try to resolve any disagreements that do arise between us quickly and efficiently.
You may cancel your use of Inglobe services and/or terminate this Terms of Service with or without cause at any time by providing notice to Inglobe at email@example.com provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. Inglobe may at any time and for any reason, including a period of account inactivity, terminate your access to Inglobe services, terminate this Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Inglobe has previously canceled or terminated your use of Inglobe services, if you have provided an alternate email address, Inglobe will notify you via email of any such termination or cancellation, which shall be effective immediately upon Inglobe’s delivery of such notice. Sections 12 through 18 of the Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
Some Inglobe services might be supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Inglobe on its services are subject to change. You agree that Inglobe shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on Inglobe services.
Inglobe services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Inglobe has no control over such sites and resources, you acknowledge and agree that Inglobe is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Inglobe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Inglobe, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Inglobe services, violation of these Terms of Service or any other actions connected with use of Inglobe services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Inglobe will provide you with written notice of such claim, suit or action.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF INGLOBE SERVICES IS AT YOUR SOLE RISK. INGLOBE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INGLOBE MAKES NO WARRANTY THAT (i) INGLOBE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) INGLOBE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INGLOBE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH INGLOBE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF INGLOBE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INGLOBE OR THROUGH OR FROM INGLOBE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INGLOBE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INGLOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE INGLOBE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM INGLOBE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON INGLOBE SERVICES; OR (v) ANY OTHER MATTER RELATING TO INGLOBE SERVICES.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Inglobe may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Inglobe services.
- GENERAL INFORMATION
Entire Agreement. The Terms of Service constitute the entire agreement between you and Inglobe with respect to using Inglobe services, superceding any prior agreements between you and Inglobe. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Inglobe services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms of Service and the relationship between you and Inglobe shall be governed by the laws of Italy without regard to its conflict of law provisions. You and Inglobe agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Rome, Italy. Waiver and Severability of Terms. The failure of Inglobe to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Inglobe services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.