Terms of Service (26/01/09 revision)

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:

1. selecting the checkbox "I accept the Terms and Conditions" during the registration process, and/or
2. using the Services, and/or
3. using the Site in any other way.

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.

Definitions

Pursuant to and for the purposes of these Terms, the following definitions apply.

Contacts Area:

area of the Site that is accessible at the address http://www.glossom.com/about where the contacts data of Glossom are available.

Info Area:

area of the Site that is accessible at the address http://www.glossom.com/our_services where information regarding the operation of the Services and the site is available.

User Area:

area of the Site that is accessible only by the User using the username and password that are assigned to the User upon registration.

Glossom Community:

all the users that are registered and enabled to use the Services.

Contents:

all the texts, images, audio-video files, audio files, and in any case all the files in any format that are transmitted, copied, sent, made available to the Glossom Community and/or to the Visitors of the Site and/or in any case processed by the User using the Services.

Glossom:

Glossom s.r.l., a limited liability company, set up in accordance with the laws of the Italian Republic, with offices in Milan in Corso di Porta Ticinese 65, ZIP CODE 20123, REA N. MI-1842093, Fiscal Code, Registration number at the Italian Company's Register and VAT no. 05710460946. Glossom can also be called "We" Or "Us"; "Our" (or "Ours") can also be said of Glossom.

Connection Modes:

interfaces (web or of another type) operating on certain configurations of some operating systems, by means of which the User can use the Services remotely through the Internet by connecting to the IP address that We have indicated and using the username and password that are assigned to the User upon registration.

Services:

services made available through the Site that allow the User, among the other things, to Upload Contents, share Contents with the Glossom Community and/or with the Visitors of the Site, and other activities which are better described in the Info Area.

Site:

the domain glossom.com and all its subdomains, as well as every other resource accessible through the Internet that makes the Services available.

Upload:

act of transferring from a computer or from a storage area available to the User to the User Area, the User Contents, via Connection Modes.

User:

the person who uses the Services and/or the Site having accepted these Terms.

Site Visitors:

those who browse the Site and, subsequently, access to its resources through the Internet and eventually reproduce them on their computers.

Object

Glossom undertakes to make available to the User, who intends to use them, the Services and the Site under the following terms and conditions.

Operation of the services

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.

Registration

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:

1. immediately inform Glossom of any unauthorized use of his username and password or possible violation of the security measures provided for the Services and the Site that he knows about
2. close the session whenever he stops using the Services or the User Area. The User can change the password (and agrees to do so regularly), using the tools available in the User Area.

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).

Using the services

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.

Upload

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.

Rights on the user's content

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.

Warranty and assistance

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.

User's duties: Registration

The User agrees to:

1. provide complete, up-to-date and accurate registration data (first name, last name, e- mail, etc. as required in the registration form on the Site)
2. promptly inform Glossom of any change regarding the registration data provided during registration and other information provided to Glossom, in order to constantly guarantee its accuracy, actuality and completeness.

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.

User's duties: Using the services and the site

While using the Services and the Site, the User agrees:

1. not to hide or make unrecognizable the User's identity or in any case make impossible to trace back to him the Content he Uploads in the User Area or on the Site or in any case publishes or transmits in any other way through the Site
2. not to allow access to the Services and to the Site by third parties through his username and password
3. not to interfere with, interrupt, damage or limit the Services, the servers or the network connected to the Services and to the Site or violate the security measures, procedures, policies or rules of the network connected to the Services, including the rules of Netiquette
4. not to intentionally or unintentionally violate the laws applicable in Italy, in the country where the User is located or other laws that are in any case applicable to the activities the User carries out, including the laws on data exportation and encryption
5. not to employ or occupy the resources of the Services or the Site or prevent access to the Services and the Site and their use without Glossom's permission
6. not to send spam e-mails
7. not to simulate to be Glossom or others
8. not to access illicitly, or attempt to access illicitly, data contained in files or information systems using decryption, network resource scanning or login data search systems or in any other way
9. not to forge headings or in any manner manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services or the Site
10. not to falsely represent his function as representative of persons or corporations
11. not to carry out activities that violate any contractual relation, current local, state, national or international rule of law including, but not limited to, attempts to compromise the security of any account or site on the network, intimidation or threats to cause harm, defamation
12. not to collect, store or in any case process personal data regarding third parties, unless they have given their permission according to the law

User's duties: Uploaded Content

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:

1. that Content is imprecise, obscene, pornographic, slanderous, or includes racist, violent, offensive, disturbing information, or instigates to commit crimes or is in any case illegal in Italy or in the place the User uses the Service or the Site or according to other applicable laws
2. by carrying out that activity he violates the pertinent personal data processing laws or the ones for the protection of business secrets and confidential information
3. to carry out the aforesaid activity he needs to have authorizations, rights or requirements required by law that he does not have
4. by carrying out that activity he infringes patents, trademarks, copyright or other third party right
5. the aforesaid Content contains computer viruses or any program or software designed to interrupt, destroy, damage or even just limit the functionalities of any software, hardware or network equipment or of the Services or the Site.
6. the aforesaid Content is in any way harmful to Glossom, other users of the Services or the Site or to third parties

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.

Warnings and exclusion of liability: Data Registration

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.

Warnings and Exclusion of liability: Using the service and the site

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:

• unauthorized or incorrect use of the Services or of the Site
• non-operation or partial operation of the User's computers or equipment
• an event that depends on the responsibility of the Providers or the telephone companies
• malfunctioning of the Internet or telephone network
• in general, any event that is not attributable to Glossom or its employees
• unauthorized access to Glossom's computer system by the User or by a third party or alterations in Contents transmission
• event of force majeure or any other cause outside Glossom's control or fault. The site contains links to other websites, and the User may be redirected to them, and Contents Uploaded by the Users. Such websites and Contents are not monitored or controlled by Us and hence We are not responsible for them

Warnings and exclusion of liability: Contents

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.

Indemnity

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.

Exclusion of warranties

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.

Limitation of responsibility

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.

Amendments

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.

Duration of the relastionship and withdrawal

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.

Transfer of the contract.

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.

Complete agreement.

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.

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:

• via ordinary mail to the address indicated by the User
• via e-mail to the e-mail account indicated by the User on or after registration, or
• by means of publication on the Site

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.

Italian law and jurisdiction

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.

Tolerance.

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.

Integration.

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.