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EMOTID TERMS OF USE

(updated 31/01/2012)

These Terms of Service (hereinafter referred to as "Terms") govern the access and use of the services, applications and websites (hereinafter referred to as "Services") of emotID srl– Bologna, Italy– VAT Reg. no. 03121451201 (hereinafter referred to as “emotID”), and any information, texts, pictures, photos or other material posted or that appears on the Services. Access to and use of the Services is conditioned on acceptance and compliance with these Terms. By accessing or using the services, the user agrees to be bound by these Terms which represent the contract between emotID and the emotID users, i.e. the people that access and use the Services. These Terms shall prevail over any other previous agreement made in any manner.

1. Language of the Terms

This document was drawn up in Italian. If there is any conflict between the translated version of this agreement and the Italian version, the Italian version will control.

2. Privacy

For information on the personal data protection policies applied by emotID, please read the "Information on personal data processing” which explains how emotID processes personal information, how it collects and uses the data, and how to protect privacy when using the Services.

3. Applicable law and jurisdiction

These Terms and all actions arising herefrom will be governed by Italian law. The court of Bologna (Italy) will have exclusive jurisdiction over every action or legal proceeding that may arise from any dispute. The user accepts this law and jurisdiction and waives his or her right to make any objection to said place of jurisdiction.

4. Amendments to the Terms

emotID can change these Terms. At the sole discretion of emotID, if the change is considered to be significant the user will be notified through an update to the account or by e-mail to the address associated with the account. The user agrees to be bound by the new Terms if he or she continues to access or use the Services after said changes.

5. The Services are available on an “As is” basis

The user accesses and uses the Services or any content therein at his or her own risk. The user understands and agrees that the Services are provided on an "AS IS" and "AS AVAILABLE" basis. Without prejudice to the above, emotID does not provide any express or implied warranty, of merchantability, fitness for a particular purpose or non-infringement. emotID does not provide any warranty and will not be responsible or liable for the completeness, accuracy, availability, punctuality, safety or reliability of the Services or any content therein. emotID will not be responsible or liable for any damage to the user’s computer system, loss of data or any other damage resulting from access or use of the Services or any Content therein. The user also agrees that emotID will not be responsible or liable for the deletion or failure to back up or send any Content or other communications provided by the Services. emotID does not guarantee that the Services will correspond to the requests of the user or that they will be available on an uninterrupted, safe basis, without any errors. No advice or information, whether oral or written, obtained from emotID through its Services, will create any guarantee that has not been provided for hereinunder. emotID constantly strives to introduce innovations to provide the best experience possible for its users. The user acknowledges and agrees that the type and nature of the Services that emotID provide can change from time to time, without the user having to be informed beforehand. Without prejudice to the above, emotID will make an e-mail address available to its users (ooops@emotid.com when drawing up these Terms) in order to report any problematic issues identified by the users.

6. Contents of the Services

The user acknowledges that all the information (for example: data files, written texts, videos, pictures, etc.) that the user can access as part of the Services or through use of the Services are the exclusive responsibility of the person who provided said content. All this information is referred to below as the “Content”. The user is aware of the fact that the Content presented as part of the Services may be protected by intellectual property rights held by the person who provided the Content to emotID, in some cases also by the advertisers (or by other persons or companies on their behalf). The user may not change, hire, grant in use, loan, sell, distribute or create derivative works based on this Content (in full or in part). The user acknowledges that even though he or she may be exposed to Content considered to be offensive, obscene or unsavoury when using the Services, the Services are being used at his or her own risk.
Please note the following with respect to any Content that the user decides to input, post or show through the emotID Services: The information regarding visibility of the Content posted by the user for the Services are indicated under “Information on personal data processing”.

7. Licences

emotID grants the user a personal, worldwide, royalty-free, non transferable and non-exclusive licence to use the software provided by emotID as part of the Services (and referred to below as “Software”). The exclusive purpose of this licence is to enable the user to user the Services as provided by emotID in accordance with these Terms. Unless expressly authorised by emotID, the user may not grant (or sub-licence) his or her right to use the Software. The Software used by the user may automatically download and install occasional updates from emotID. These updates are designed to improve, increase and further develop the Services, and may include de-bugging, improvements, new software modules and completely new versions. The user agrees to receive these updates (and authorises emotID to send them) as part of his or her Service use. The user holds the copyright and any other right that he or she already holds on the Content that he or she transmits, sends or displays on or through the Services (for example publishing his or her comments on the web or mobile platforms made available by the Services). By accepting, sending or viewing his or her own Content, the user grants a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to emotID to reproduce, adapt, change, publish, publicly run, publicly display or distribute any Content that the user transmits, sends or displays on or through the Services. The exclusive purpose of this licence is to enable emotID to display, distribute and promote the Services.

8. Advertising

Some Services may be paid for by advertising and advertising and promotions may be displayed. This advertising may be aimed at the content of the information stored in the Services, questions asked through the Services or other information. The manner, method or extent of the advertising by emotID may be subject to change without specific notification to the user. The user agrees that emotID may put this type of advertising on the Services in exchange for permission by emotID to the user’s access and use of the Services.

9. Limitation of liability

To the extent permitted by applicable law, emotID shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to loss of earnings, data, use, goodwill or other intangible losses due to: (i) access or use of the services or inability to access or use them; (ii) all behaviour or contents of third parties on the services, including, without limit, defamatory, offensive or illegal behaviour by other users or third parties; (iii) any content obtained from the services; (iv) unauthorised access, use or alteration of transmissions or content if based on warranty, contract, fault (including negligence) or any other legal theory, even if emotID has been advised that such damage could occur and even if the remedy provided for herein is unnecessary for its purpose.

10. Registration and account security

The user acknowledges and agrees that he or she is exclusively responsible for everything that happens on his or her account with respect to emotID. If the user becomes aware of any unauthorised use on his or her account, he or she agrees to immediately notify emotID at the following internet address: privacy@emotid.com. The user must provide his or her real name and information. With respect to the registration, and in order to ensure the security of the account, the user undertakes:
  1. not to provide false personal information or create an account on behalf of another person without authorisation;
  2. to only create one personal profile;
  3. not to create another account without the permission of emotID if the original account had been disabled;
  4. not to use the personal profile for his or her commercial gain (for example selling his or her comments published on or through the Services);
  5. not to use emotID if he or she has been charged with sex crimes;
  6. not to use emotID if he or she has been prohibited from accessing the Service pursuant to Italian or other laws, including the law of the country in which the user resides or from where he or she uses the Service;
  7. to ensure that his or her contact information is always accurate and up to date;
  8. not to permit others to access his or her account or to do anything else that could jeopardise the security of his or her account;
  9. not to transfer his or her account to third parties.

11. Safety

emotID undertakes to do its best to ensure that the web and mobile applications of emotID are safe, but cannot guarantee this. The emotID users will therefore have to collaborate with emotID, and must make the following commitments:

12. Ownership rights

The user acknowledges and agrees that emotID holds all the legal and ownership rights and interests to and in relation to the Services, including all intellectual property rights that attach to the Services. Nothing in these Terms will give the right to use any of the emotID trade names, trademarks, service marks, logos, domain names or other distinguishing marks. The user agrees not to remove, obscure or alter any proprietary information (including information on the copyright or trademarks) that may be contained in the Services. The user agrees that when using the Services, it will not use any trademark, service mark, trade name or logo of any company or organisation that could or would cause confusion with respect to the ownership or authorised user of said trademarks, names or logos. The user may not (and may not allow anybody else to) copy, change, create a derivative work from, carry out any reverse engineering, decompile or try to obtain the source code of the software or any other portion of the software unless expressly permitted or required by law.

13. Link

The Services may contain links to sites or resources of third parties. The user acknowledges and agrees that emotID will not be responsible for: (I) the availability or accuracy of said sites or resources; (II) the content, products or services made available by these sites or resources. The links to these sites or resources do not imply any approval by emotID either with respect to the sites or resources, or to the contents, products or services they provide. The user therefore acknowledges that he or she is the only responsible party and assumes all risks resulting from use of said websites or resources.

14. Images/photos/texts

The photographs, images, texts, or more generally anything that appears on the pages or structure of the sites and web and mobile applications of emotID are protected by copyright and are not freely available; they may not therefore be utilised, reproduced, or partially or fully used without previous authorisation from the rights owners. The images contained in the Services shall not therefore be downloaded for private use. The use of the images or data shall not be used for financial gain or other professional or commercial purposes. The images shall not be used for illegal or inappropriate purposes. If images or data that violate the law, offend public decency or breach regulations or contracts are discovered, please immediately notify emotID at the address ooops@emotid.com. Certain images contained in the emotID Services were acquired (along with the licences for use) from Internet sites that specialise in the on-line sale of images.

15. Termination and end of relationship

emotID reserves the right, in the appropriate circumstances, to remove without notice and at its sole discretion, the account of a user if it is considered responsible for repeated violations of these terms or if it could create legal risks for the company or if it publishes or performs actions that breach the rights of third parties, or more generally, if the law is breached in any manner. The user may deactivate the emotID applications at any time and in any case may write to privacy@emotid.com for anything related to the management of his or her emotID account, or more generally, regarding the processing of his or her personal data.

16. Other