The following are the general terms (hereinafter "Terms") that govern the provision of the Services and the use of the Glossom Site.
The User expresses his will to accept the Terms and undertakes to comply with them by doing any one of the following:
The User undertakes not to use the Services and the Site if he has not accepted every part of the Terms and undertakes to read the Terms carefully whenever he uses the Services or uses the Site.
Pursuant to and for the purposes of these Terms, the following definitions apply.
Glossom undertakes to make available to the User, who intends to use them, the Services and the Site under the following terms and conditions.
The User registers and, after having accepted these Terms, can use the Services. The registered User can use the User Area to Upload Contents, modify the configuration options of his profile and of the Services via the Connection Modes.
When the User registers he chooses a username and a password that he can use to
access the User Area and the Services via the Connection Modes.
The User must remember the username and keep the password secret, and therefore the
User is responsible for all the activities carried out when the said username and
password are used.
The User agrees to:
In the Info Area, the information on the registration of the User (technical phases,
storage, methods of access and of identification and correction of errors, available
languages, applicable terms of use, etc.) and on the use of the Services are available in
various languages.
The registered User can use the Services whenever he wishes when they are available
via the Connection Modes.
The registration request that the User sends us will be binding for Us only if the User
receives confirmation from us via e-mail that the entire registration process has been
properly completed. The User has to print the confirmation e-mail and retain it.
None of the information contained on the Site may be considered as an offer of the
Services, but is an invitation to send the registration request.
The User accepts that the Services may be used immediately after acceptance of the
registration, and therefore, even in case the User is a consumer, the right of withdrawal
is not applied, pursuant to art. 55, sub-section II letter "a" of Italian Legislative Decree
D.Lgs. 206/05 (Consumer Code).
The Connection Modes that We make available to the User to enable him to use the Services allow certain activities to be carried out and enable certain functions to be activated. Within these functions they are included the ones of Upload of Contents, sharing of the Contents with the Glossom Community and/or with the Visitors of the Site, modification of the Services operation parameters choosing between the available ones in the User Area (among these, the ones to share the Contents). Glossom reserves the possibility to add new functions to the Services, or to eliminate them, to its unquestionable discretion. Glossom does its best to ensure that the Services are easily usable by as many possible configurations of operating systems, but explicitly excludes that the Services will work on all operating system and therefore Glossom explicitly excludes that the Connection Modes may be used on any operating system and/or from any resource connected to the Internet. The User is aware of and accepts this limit of functionality of the Services and of the Connection Modes and takes responsibility for testing the good functionality of the Connection Modes in the configurations of the operating system and of the Internet resources he is interested in using.
The Upload is free of charge but all the connection costs to the Internet, of the computer from which the Content is transmitted to the User Area, will be borne by the User.
Without prejudice to the limits elsewhere provided for in these Terms and in the law,
Glossom undertakes not to claim any right on the User's Content present in the User
Area and not to allow access to the Content nor to divulge them to third parties which
are not the Glossom Community or the Visitor's of the Site, depending on the sharing
parameters chosen by the User.
The User authorizes Glossom to use the Contents in order to realize promotional
activities of the Services and/or of the Site, for example, inserting the Contents in the
home page of the Site.
The User authorizes the other Users to use his Contents in order to create relations with
them or in other ways (such as for example to insert the Contents in the Collections) in
relationship to the use of the Services as provided in the terms eventually indicated
during the Upload phase of the Contents by the same User.
The User authorizes Glossom and the other Users of the Services to continue using the
Contents with which they have created relations or anyways that they have used in
another way (such as for example inserting such Contents in the Collections) even after
that the User has cancelled his registration or removed the single Contents.
Given that the Services are free of charge, any kind of working order guarantee of the
Services and of the Connection Modes is excluded and, in case of malfunctioning,
nothing will be due from Glossom to the User.
The User acknowledges and accepts that no reassurance, notice or information, whether
oral or written, given by Glossom to the User shall create any warranty in favour of the
User not expressly made within these Terms.
For all assistance requirements, the User can contact Glossom's Help Desk by writing
to Glossom's address indicated in the Contacts Area. The User can also send an e-mail
to the address indicated in the Contacts Area.
The User agrees to:
If the User provides false, inaccurate, out-of-date or incomplete registration data or
information, or if Glossom has reasonable reason to suspect that such registration data or
information are false, inaccurate, out-of-date or incomplete, Glossom has the right not to
activate the registration account and the right to suspend or terminate it and to refuse or
deny the User all further use of the Services.
If the User uses the Services or the Site on behalf of and for a corporation, he guarantees
that he is authorized to accept these Terms on behalf of and for the corporation he
represents and that the corporation agrees to indemnify the User, Glossom or third parties
damaged by a breach of the Terms.
While using the Services and the Site, the User agrees:
The User assumes all liability for all the Content that he uploads or downloads in the User Area or in any case publishes or transmits in any other way through the Site. The User agrees not to upload or download any Content in the User Area or in any case publish or transmit it in any other way through the Site if:
The User acknowledges and accepts that the Services do not include a back-up or storage service and therefore Glossom will not be responsible for the risk of data loss of the User.
The User acknowledges and agrees that Glossom has the right to store the registration data, the logs, the Contents and other information regarding the activity of the User and to use the results, the statistics and the analysis of these operations in compliance with current laws. Glossom has the right to disclose the above-mentioned information to third parties to fulfil legal obligations or to comply with orders from public authorities, including the judicial authority, or to reply to objections according to which such Content infringes third party rights, or to protect the rights of Glossom, other Users and third parties according to the law and/or in conformity with these Terms.
Glossom manages the Site and the Services and controls its functioning from Italy and
makes no warranty that the Site and the Services are suitable for use or accessible in any
geographical area.
Glossom will do all that is reasonably possible within its capabilities and attentions to try
to maintain the availability of the Site and the functionality of the Services, even though
it makes no warranty that the Site and the Services will be available at all times.
In particular, we expressly exclude any responsibility for the case where malfunctioning
of the Services or the Site depends on:
In no case Glossom will be held liable for the Contents, including, by way of non-
exhaustive example, the cases where errors or omissions occur in the Contents, for the
loss or damage to any Content the User Uploads or in any case publishes or transmits in
any other way through the Site.
The User acknowledges and agrees to assume all the risks associated with the use of the
Services and the Site, including the possible satisfactory realization, completeness,
accuracy and usefulness of the Content processed using the Services.
Glossom does not carry out a regular check on the Contents, although Glossom reserves
the right to remove from the Site and delete any Content that he has known to be illegal
or anyways violates the right of a third party.
The User undertakes to hold harmless Glossom, its representatives, directors, employees, its business partners, its subsidiaries and associated companies from any request of compensation, including reasonable legal charges and fees, that is formulated by any third party in relation to a Content published, transmitted or sent by the User or in any case as a consequence of activities initiated by the User using the Services or the Site (including the activities initiated by the User for the corporation he represents) or initiated by any other person who accesses the Services or the Site using the User's username and password.
WITHOUT PREJUDICE TO THE EXPLICIT GUARANTEES GIVEN PURSUANT
TO THESE TERMS, GLOSSOM EXCLUDES ANY WARRANTY, CONDITION,
UNDERTAKING OR DECLARATION OF ANY KIND, EXPRESS OR IMPLICIT, OF
LAW OR OF ANY OTHER KIND OR IN ANY OTHER WAY CORRELATED WITH
THE SERVICES OR THE SITE, INCLUDING, WITHOUT LIMITATION, ANY
IMPLICIT WARRANTY OR CONDITION OF MARKETABILITY, SATISFACTORY
QUALITY, SUITABILITY FOR A SPECIFIC PURPOSE, OF CONFORMITY OR
DERIVING FROM ANY COMMERCIAL CONDUCT, USE OR PRACTICE.
SOME STATES/SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLICIT WARRANTIES; THEREFORE, THE ABOVE-MENTIONED EXCLUSION
MAY NOT APPLY TO THE USER, WHO MAY THEREFORE BE ENTITLED TO
OTHER RIGHTS ESTABLISHED BY THE LAW THAT CAN VARY FROM STATE
TO STATE OR FOR DIFFERENT JURISDICTIONS.
WITHOUT LIMITING THE GENERAL NATURE OF THE ABOVE STATEMENTS,
GLOSSOM MAKES NO WARRANTY THAT THE SERVICES OR THE SITE WILL
MEET THE USER'S REQUIREMENTS OR THAT THEIR OPERATION WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE
SERVICES AND IN THE SITE WILL BE CORRECTED.
THE USER USES THE SERVICES AND THE SITE AT HIS OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, ON NO
ACCOUNT SHALL GLOSSOM OR ITS LICENSING THIRD PARTIES AND ITS
SUPPLIERS OR COLLABORATORS BE LIABLE TO THE USER, OR TO THOSE
WHO FORWARD CLAIMS THROUGH THE USER, FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS
OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS, LOSS OF CONTRACTS, BUSINESS INTERRUPTIONS, LOSS OR
CORRUPTION OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, INCLUDING
NEGLIGENCE, OR OTHERWISE, EVEN IF GLOSSOM HAS BEEN WARNED OF
THE POSSIBILITY OF SUCH DAMAGES.
IF A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION
CONTAINED IN THESE TERMS SHALL BE JUDGED INVALID FOR ANY
REASON WHATSOEVER BY A COMPETENT COURT AND GLOSSOM
CONSEQUENTLY BECOMES RESPONSIBLE FOR LOSS OR DAMAGE THE
EXTENT OF WHICH MAY BE LEGITIMATELY LIMITED, SUCH
RESPONSIBILITY, WHETHER ASSERTED ON THE BASIS OF CONTRACT, TORT
OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF 1 EURO.
NOTHING IN THESE TERMS SHALL LIMIT GLOSSOM'S RESPONSIBILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM GLOSSOM'S NEGLIGENCE,
OR LIMIT GLOSSOM'S RESPONSIBILITY TO THE USER FOR AN EVENT
RESULTING FROM FRAUDOLENT INTENTION OR FROM GLOSSOM'S GROSS
NEGLIGENCE.
The User agrees that Glossom may amend these Terms.
In this case, Glossom will notify the User by publishing the changes on the Site and/or by
sending an e-mail to the mail account indicated by the User on or after registration.
The User, within five days from the communication of the amendment, shall have the
possibility of accepting the new version of the amended Terms or not.
In any case however, by continuing to use the Services and the Site, the User will
demonstrate his implicit acceptance of the changes made.
Glossom reserves the right to suspend or cancel the User's registration account and/or
modify or temporarily or permanently disconnect the Services (or a part of them) and/or
the Site after giving the User at least 5 days prior notice by publishing a notice on the Site
and/or by sending an e-mail to the mail account indicated on or after registration.
In case of a just cause (such as, for example, to deal with security problems, to fulfil legal
obligations or to comply with orders from public authorities, including the judicial
authority, or to protect the rights of Glossom or other Users according to the law and/or
in conformity with these Terms) Glossom may suspend or cancel the User's registration
account and/or modify or temporarily or permanently disconnect the Services (or a part
of them) and/or the Site even without giving prior notice.
The Services are active from the moment in which the registration is approved for an
indefinite period.
However the User can withdraw by cancelling his registration at any time by following
the procedure available in the User Area of the Site.
With the cancelling of the registration, all the Content that may be present in the User
Area is deleted.
The User shall not sell or transfer these Terms or any of the User's rights, duties and obligations provided for in the Terms without Glossom's prior written consent.
These Terms replace any previous agreement, both written and verbal, that previously intervened between Glossom and the User and having the subject matter mentioned in these Terms (except the case of false statements made with gross negligence or fraudulent intent).
Communications to Glossom shall be made to Glossom's address given in the Contacts
Area.
The User may also use Glossom's fax numbers and e-mail addresses given in the
Contacts Area.
The communications to the User may be made:
Given the nature of the e-mail service, Glossom does not guarantee delivery of every e-
mail message.
The communications published on the Site are considered received when the User,
accessing the User Area after their publication, displays them on his computer according
to the procedure prepared by Glossom that forces its display.
These Terms shall be interpreted, evaluated and enforced in all senses according to Italian
law.
If the User is a consumer, he agrees to submit to the non-exclusive jurisdiction of the
Italian Courts.
If the User is not a consumer, he agrees to submit to the exclusive jurisdiction of the
Italian Courts and the exclusive competence of the Milan Court.
The fact that Glossom does not require the User to strictly follow the provisions of these Terms at all times and/or does not exercise one or more of the rights sanctioned herein does not imply the forfeiture of such rights or renunciation to exercise them by Glossom.
If one or more clauses of these Terms should be or should become contrary to imperative
rules of law or of public order, they will not be considered and will not affect the validity
of the other clauses of the Terms, without prejudice to the right of each party to ask for
these Terms to be amended.
Pursuant to and for the purposes of articles 1341 and 1342 of the Italian Civil Code, by
registering on the Glossom site, the User declares that he has read and expressly approves
the following clauses of the Terms:
4. Registration; 5. Using the Services; 8. Warranty and assistance; 9. User's duties:
registration; 11. User's duties: uploaded content; 12. Warnings and exclusion of liability:
data registration; 13. Warnings and exclusion of liability: using the service and the site;
14. Warnings and exclusion of liability: content; 15. Indemnity; 16. Exclusion of
warranties; 17. Limitation of responsibility; 18. Amendments; 19. Duration of the
relationship and withdrawal; 20. Miscellaneous.