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| Ejoiner Term of Use |
THE FOLLOWING DESCRIBES THE TERMS ON WHICH EJOINER OFFERS YOU ACCESS TO OUR SITE AND SERVICES.
Welcome to the Web site operated by Ejoiner. We maintain this Web site, Ejoiner.com, as a service to our visitors. By using this Site, you agree to comply with and be legally bound by the following terms of use, whether or not you become a registered user of the Services.
Please review the following terms carefully. If you do not agree to these terms, you have no right to continue using this Site. Failure to use this Site in accordance with the following terms of use may subject you to severe civil and criminal penalties. We reserve the right to make changes to these terms at any time. Your continued use of our Services constitutes your acceptance of such changes. Accordingly, you should review these terms from time to time for such changes.
1. USER RESPONSIBILITY
1.1 Our Site is a Venue. Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to learn about one another and, if they wish, arrange stays with one another. We are not involved in the actual contact between users. As a result, we have no control over the conduct of our users or the truth or accuracy of the information that users post on the Site.
1.2 Identity Verification. Because user verification on the Internet is difficult, we cannot and do not confirm each user's purported identity. Although we provide our rate system, you are responsible for determining the identity and suitability of others with whom you may match by means of this Site. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. We encourage you to communicate directly with potential hosts and guests through the tools available on the Site.
1.3 Your Experience with Other Users. You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services and to take any other action in good faith to restrict access to or the availability of any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.
1.4 Release. Because our Site is merely a venue, in the event that you have a dispute with one or more users, you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
2. USER CONDUCT. In your use of our Services, you must act responsibly and exercise good judgment. By way of example and not limitation, you shall not:
a) violate any applicable law or regulation;
b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
c) use information obtained through our Services for any unauthorized purpose;
d) interfere with or damage our Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers;
f) use our Services in connection with the distribution of unsolicited commercial email (Spam) or advertisements;
g) harass any other user of our Services;
h) collect or store any information about any other user other than for purposes of the permitted use of our Services;
i) use our Services for any commercial purpose whatsoever; or
j) assist any third party in doing any of the foregoing.
3. PRIVACY: Informative note on the handling of personal data
The data provided by the User will be recorded in Italy on electronic databases belonging to Ejoiner, with head office in Milan, which will be the proprietor in relation to their processing.
The personal data of the User will be utilised by Ejoiner in respect of the principles of the protection of privacy established by the Legislative Decree no. 196 dated 30 June 2003, and by the other current legislation on the subject.
The present informative note concerns the personal data forwarded by the User, as well as those deriving from the visits and navigation of our site.
The personal data requested are subdivided into two categories: obligatory and optional, as illustrated in the procedure and the request for activation of the services offered. The provision of the obligatory data and the related handling for the purposes indicated above is strictly functional to the performance of the indicated services. The eventual refusal of the User to provide such data or the eventual refusal to agree to their handling will make it impossible to utilise the service offered by Ejoiner.
The other data collected serve to help Ejoiner to offer an ever better service. As regards these data, the User is free to supply them or not.The other data collected serve to help Ejoiner to offer an ever better service. As regards these data, the User is free to supply them or not.
Ejoiner subjects the personal data of the Users to all the handling operations outlined in the Legislative Decree 196/2003 - that is to collection, recording, organisation, storage, elaboration, modification, selection, extraction, comparison, utilisation, interconnection and any other operation useful for the provision of the requested services, including the communication to third parties, where necessary - through automated and computerised procedures. The data may also be organised in databases or archives.
More specifically, the purposes of the handling of the personal data are the following:
- to supply the scheduled services;
- to verify the quality of the services offered;
- to arrange for all necessary accounts and fiscal compliance;
- to perform market, statistical, marketing and product preference surveys;- to trace the sources of any eventual illegal actions, only in the case of specific requests and on behalf of the competent authorities.
Should the User have given his/her special consent:
- to supply information and/or offers on products, services or initiatives offered or promoted by Ejoiner and/or by affiliated and/or associated companies, and by commercial partners and outsourcers, without this constituting transfer of the personal data to third parties;
Ejoiner informs that, in accordance with the terms and conditions of art. 7 of the Legislative Decree 196/2003:
the User is entitled to obtain confirmation of the existence or otherwise of personal data regarding him/her, even if these are not yet recorded, and the communication of the same in intelligible form.the User is entitled to obtain confirmation of the existence or otherwise of personal data regarding him/her, even if these are not yet recorded, and the communication of the same in intelligible form.
The User is entitled to obtain information regarding
a) the source of the personal data;
b) the aims and procedures of the handling;
c) the logic applied in the case of handling performed with the aid of electronic instruments;
d) the identification details of the proprietor, managers and appointed representative in accordance with article 5, comma 2;
e) the entities or categories of entities to which such personal data may be communicated or which may come into possession of the same in their capacity as appointed representative within the territory of the State, managers or assigned personnel.
The User is entitled to obtain:
a) the updating, correction or, where such an interest exists, the completion of such data;
b) the deletion, transformation into anonymous form or the blockage of data handled in violation of the law, including those the conservation of which is not required for the purposes for which the data have been collected or subsequently handled;
c) certification that the items described under letters a) and b) have, even as regards their content, been reported to those to whom the data have been communicated or circulated, except in the case where such compliance proves to be impossible or involves an employment of resources which is clearly out of proportion to the defended right. The User is entitled to oppose, wholly or partially:
a) for legitimate reasons, the handling of personal data concerning him/her, even where such data are pertinent to the purposes for which they have been collected;
b) the handling of personal data concerning him/her for the purposes of the forwarding of advertising material or of direct sales, or for the performance of market research or commercial communication. b) the handling of personal data concerning him/her for the purposes of the forwarding of advertising material or of direct sales, or for the performance of market research or commercial communication.
The personal data acquired by Ejoiner may be communicated to all employees, collaborators and consultants under any entitlement whatsoever by our Company, and to all the corporate organs. The same data may, moreover, be communicated a) to companies that are associated or affiliated with Ejoiner or to the commercial partners of Ejoiner or to the companies which perform surveys on customer preferences, always in respect of the purposes of the handling indicated above.
4. YOUR CONTENT
4.1 You Grant Us a License. By submitting any content (including without limitation, your photograph) to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose.
4.2 Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:
a) is defamatory;
b) contains nudity or sexually explicit content;
c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;
d) exploits images or the likeness of individuals under 18 years of age;
e) encourages, glamorizes or otherwise depicts use of drugs (including alcohol and cigarettes);
f) makes use of offensive language or images;
g) characterizes violence as acceptable, glamorous or desirable;
h) provides a link to any commercial websites; or
i) contains any of your personal contact information.
4.3 No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit.
5. THIRD-PARTY CONTENT. In using our Services, you may be exposed to content from other users or third parties, either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other users of our Services.
6. PROPRIETARY RIGHTS
6.1 Our Intellectual Property. All material on our Site are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of our Services.
6.2 Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods; or otherwise. You may not use of any of our trademarks as metatags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us at info@ejoiner.com. You may, however, establish ordinary links to the homepage of our Site without our written permission.
7. USERNAME AND PASSWORD. You will select a username and password as part of the registration process. You are solely responsible for the confidentiality and use of your username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your username and password or any other breach of security.
8. TERMINATION. We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete any of your accounts and all related information and files in such accounts and (c) bar your access to any of such files or Services.
9. DISCONTINUANCE OF SERVICES. We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
10. LEGAL COMPLIANCE. You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
11. REPRESENTATIONS AND WARRANTIES. You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
12. DISCLAIMER OF WARRANTIES
12.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM,AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.2. WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
12.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
12.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
13. LIMITS ON LIABILITY
13.1. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY OUR SERVICES, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
13.2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
13.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH OUR SERVICES OR THESE TERMS EXCEED THE SUM OF ONE US DOLLARS ($1).
13.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
14. INDEMNITY. You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys's fees, arising out or relating to your use of our Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
15. REPORTING MISCONDUCT. If you stay with anyone who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, you must immediately report such person to the appropriate authorities and to us by contacting us at info@ejoiner.com; provided that your report shall not obligate us to take any action or cause us to incur any liability.
16. LANGUAGES. The translation of any portion of this Site into another language is for your convenience only. Like any automated translation technology, the on-line third-party translation application used on this Site is susceptible to inaccuracy. You may rely only on the original, English-language version of this Site.
Please Contact Us with any questions regarding these Terms.
Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Use.
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