Globber Terms of Service
1. Accepting the Terms
1.1 Your use of Globber’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Globber. “Globber” refers to the owner of the domain www.globber.org .
1.2 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
1.3 You can accept the Terms by:
- clicking to accept or agree to the Terms, where this option is made available to you by Globber in the user interface for any Service; or
-by actually using the Services. In this case, you understand and agree that Globber will treat your use of the Services as acceptance of the Terms from that point onwards.
1.4 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Globber, or (b) you are a person barred from receiving the Services under the laws of the State of Italy or other countries including the country in which you are resident or from which you use the Services.
1.5 Before you continue, you should print off or save a local copy of the Terms of Service for your records.
2. Changes to the Terms
2.1 Globber may make changes to the Terms of Service from time to time without informing the user. When these changes are made, Globber will make a new copy of the Terms of Service available at the URL http://www.globber.org/tos/ .
2.2 You understand and agree that if you use the Services after the date on which the Terms of Service have changed, Globber will treat your use as acceptance of the updated Terms of Service.
3. Ending your relationship with Globber
3.1 The Terms will continue to apply until terminated by either you or Globber as set out below.
3.2 If you want to terminate your legal agreement with Globber, you may do so by (a) notifying Globber at any time and (b) closing your accounts for all of the Services which you use, where Globber has made this option available to you. Your notice should be sent, in writing, to Globber’s address which is set out at the beginning of these Terms.
3.3 Globber may at any time, terminate its legal agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Globber is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- Globber is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
- the provision of the Services to you by Globber is, in Globber’s opinion, no longer commercially viable.
3.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Globber have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 15 shall continue to apply to such rights, obligations and liabilities indefinitely.
4. Language of the Terms
4.1 Where Globber has provided you with a translation of the Italian language version of the Terms, then you agree that the translation is provided for your convenience only and that the Italian language versions of the Terms will govern your relationship with Globber.
4.2 If there is any contradiction between what the Italian language version of the Terms says and what a translation says, then the Italian language version shall take precedence.
4.4 The Terms and your relationship with Globber under the Terms, are subject to the laws of the State of Italy. You and Globber accept to be under the jurisdiction of the State of Italy to resolve any legal controversy resulting from the Terms.
5. Terms of the Service
5.1 Globber is not responsible for any interruption of the service. The user won’t have any possibility to ask for a reparation caused by the interruption of the service.
5.2 As part of this continuing innovation, you acknowledge and agree that Globber may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Globber’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Globber when you stop using the Services.
5.3 You acknowledge and agree that if Globber disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
5.4 Globber can, in any moment, cancel or modify the contents entered by the user.
5.6 You acknowledge and agree that while Globber may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Globber at any time, at Globber’s discretion.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Globber for all activities that occur under your account.
6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify globber immediately to: webmaster @ globber . org.
7. Data integrity
7.1 Globber is not responsible in any way for the integrity of the contents, information and services in the site. Thus, it is responsability of the user to keep backups of its data.
7.2 Globber is not responsible for the loss of data and contents of any type for any reason.
7.3 You understand that Globber, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Globber to take these actions.
8. Hacking
8.1 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Globber, unless you have been specifically allowed to do so in a separate agreement with Globber.
8.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
8.3 You agree not to use any of the Services for activities concerning spamming such as:
- obtain email addresses through the Services for commercial uses; or
- extend email invitations indiscriminately through the Services.
9. State of service
9.1 Unless you have been specifically permitted to do so in a separate agreement with Globber, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
9.2 The Services are provided ''as is'' and Globber gives you no warranty with respect to them.
9.3 In particular, Globber does not represent or warrant to you that:
- your use of the Services will meet your requirements,
- your use of the Services will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the Services will be accurate or reliable, and
- that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.
9.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
9.5 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
10. Advertisements
10.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
10.2 The manner, mode and extent of advertising by Globber on the Services are subject to change without specific notice to you.
10.3 In consideration for Globber granting you access to and use of the Services, you agree that Globber may place such advertising on the Services.
10.4 You accept that the information shown during the use of the Services can be sent to others for advertising purposes.
10.5 You accept that Globber through its services can show contextual advertisements and sponsored links.
11. Law actions
11.1 In case a complaint is filed by a third party against Globber with regard to the conduct or use of the Services by the holder of a Glob or of one of the Services, the holder accepts to keep out Globber from any prejudicial effect deriving from the lawsuit, to reimburse all the legal expenses and to pay reparation for every damage sustained, direct or indirect.
12. Content in the Services
12.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
12.2 Globber does not perform any type of control or management of the Content.
12.3 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Globber (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Globber or by the owners of that Content, in a separate agreement.
12.4 Globber reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
12.5 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
12.6 You agree that you are solely responsible for (and that Globber has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Globber may suffer) by doing so.
12.7 Globber users must not:
- insert Content that can offend, such as fanaticist, racist, hatred or irreverent expressions
- threaten, bother, harass other users
- fake the identity of a employee, administrator, moderator or any other member of Globber with the intent to deceive or harass other users
- promote or provide information about illegal activities, or suggest physical damage or vituperate a person or a group of persons
- show any type of pornographic or erotic material (images, text, movies and audio-clips)
- discuss about arguments not appropriate to people under the age of 18 years old
- use the services as file storage
- create pages of links to sites not admitted by Globber’s policy
- publish or use any kind of material that could damage other user’s computer (such as virus, Trojan horse etc.)
12.8 the services offered by Globber cannot, under any circumstances, be used for commercial purposes such as:
- selling any kind of product or service
- promoting or sponsoring
- show advertising banners
- initiatives regarding gambling, lotteries or any type of games that require money to participate
- any kind of material or activity that breaks or invites to break the law.
13. Other contents
13.1 The Services may include hyperlinks to other web sites or content or resources. Globber may have no control over any web sites or resources which are provided by companies or persons other than Globber.
13.2 You acknowledge and agree that Globber is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
13.3 You acknowledge and agree that Globber is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
14. Terms on Globber Copyrights
14.1 Unless you have agreed otherwise in writing with Globber, nothing in the Terms gives you a right to use any of Globber’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Violations of this article are subjected to the Italian law.
14.2 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
15. Content licence from you
15.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Globber a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Globber to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
15.2 You agree that this licence includes a right for Globber to make such Content available to other companies, organisations or individuals with whom Globber has relationships for the provision of services, and to use such Content in connection with the provision of those services.
15.3 You confirm and warrant to Globber that you have all the rights, power and authority necessary to grant the above licence.
16. Terms on Copyright
16.1 You accept not to use the Services for acts that break the right of copyright, including posts with pictures, software, or any other material protected by the laws on intellectual property, on privacy unless the user has all the necessary authorizations. Furthermore you refrain from publishing cracked software or any kind of hacking device or links to sites that include this type of material.
16.2 Unless you have been expressly authorised to do so in writing by Globber, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
16.3 Other than the limited license set forth in Section 11, Globber acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Globber, you agree that you are responsible for protecting and enforcing those rights and that Globber has no obligation to do so on your behalf.
17. Email
17.1 You allow Globber to send to your email address:
- advertising messages; or
- informative messages regarding the status of the Service; or
- informative messages regarding the contents of the Service that refer to you.
17.2 When you invite other users to participate at the service using Globber’s interface, you allow Globber to send them notice emails. You also accept any kind of responsibility deriving from this operation.
18. Privacy
18.1 Depending on the “Decreto legislativo 30 June 2003, n. 196” of the Italian law the use of the services involves the authorization to the treatment, by any means, of personal data and to its use by Globber to carry out the necessary activities.
18.2 The user, by accepting this privacy contract, allows Globber to use its personal data in order to:
- collect, store and process his/hers personal data to provide the Services,
- processing personal data in order to define a commercial profile,
- use of processed commercial profiles for marketing and promotional purposes,
18.3 You allow Globber to use your personal data in case you are involved in an unlawful affair.
18.4 You allow Globber to send one or more Cookies to your computer. Cookies allow Globber to identify univocally the user’s browser.
18.5 You allow Globber to register, store and process the following information (sent by the user’s browser every time you access the Services):
- information regarding the cookies;
- IP address;
- the kind of browser;
- language of the browser;
- the time of the request;
in order to supply and improve the Service and any other use Globber may need.
