Your use of JOBY’s Web site (the "Site"), and all information, products and services on the Site, including our search function, specialty services and the rebate program (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). We may update these Terms from time to time without giving you any notice. Unless we let you know by giving you a notice, any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR SITE FOR ANY PURPOSE.
JOBY is pleased to give you access to this Site free of charge. However, in order to access the Site, you will need to establish an account with an Internet service provider. You will also need equipment to access the Site, including a computer, modem or other communication device. You agree to pay for all hardware and services costs needed to access the Site and use the Services. JOBY is not responsible for any of these costs.
Some parts of the Site may contain mature or adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. If you do not want to view this content, you can stop viewing the site at any time or navigate to a different area.
You do not have to be a registered member to use the Site, but some areas of the Site are only accessible to registered members. When you sign up to use the Site, you will be asked to give us some information about yourself. If you are not registered with us, please register now to be eligible for our membership benefits.
When you sign up, you will select a Member ID (your email address) and a password so that you can access your account with us. You agree that you will keep this information confidential. You are completely responsible for activities that happen under your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify JOBY and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of this Site or the JOBY Sites.
The Services are protected by U.S. and international copyright, patent, trademarks laws and other intellectual property laws-for more information about this, please email us at email@example.com.
You may use the Services on the Site and the affiliated Sites for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use. You cannot distribute or transfer the copies to others in exchange for money or other consideration. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth below. This means that you may not mirror the home page or results pages of the Site or any affiliated Site on your own Web site or Web page.
Except for allowing you to use the Site and the affiliated Sites for your personal use as set forth in the paragraph above, when you use the Site or the affiliated Sites, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of JOBY or other companies with which we are affiliated. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER JOBY PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
On some parts of our Site, you can post or tell us your comments on a given topic, or start a new topic for others to respond to. If you post anything, you guarantee to us that:
You have legal rights to post your material and it will not violate any law or the rights of any person; and
You are at least 18 years old if you are in a mature content area.
Except as set forth under "Community Content" below, all information and materials of any kind, including graphics, text or otherwise posted by someone on our Site ("Member Content") are subject to the following terms:
Some areas of the Site deserve special treatment because they contain information that most people would expect to be private. These sections include e-mail communications, instant message communications, homepages that are not marked "public," and personal photo albums that are not marked "public" ("Community Content"). Please note: marking a homepage or photo album "public" means that all visitors to our Site will be able to see the homepage or photo album and that the content will be licensed to us as "Member Content" under the terms explained above.
In general, we will not monitor, edit or disclose Community Content. We will only do so when we have reason to believe that disclosing it is necessary to identify, contact or bring legal action against someone who is causing you injury, or is injuring or interfering with the Services or JOBY's rights, or with other visitors to the Site. We may also reveal Community Content when we are required by the law, which includes responding to demands by law enforcement, civil and administrative authorities, usually in the form of a subpoena for information. We may also disclose the Community Content to identify or fix technical problems or respond to complaints about the Services.
We believe that all members and visitors benefit from basic rules regarding conduct while using the Services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask-and you agree-to follow the following basic rules of conduct when using the JOBY Sites:
You will follow these Terms and all applicable laws;
You will never give your password to anyone (no JOBY employee will ask for it) and you will not provide your billing or credit information except to make a purchase;
You will not harass, threaten or abuse other people when using the Site in any manner;
You will not interfere with others' use of the Site, including by interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users' enjoyment of the Services;
You will not post any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights;
You will not attempt to harvest any screen names or e-mail addresses for any commercial use;
You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;
You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with JOBY; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
You will not post any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services;
You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instance);
If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.
From time to time we receive requests to disclose the identities of our users. We do not disclose the identities of ours users unless we are legally required to do so.
If a governmental agency (for example, the Securities and Exchange Commission, law enforcement agencies, Attorneys' offices or similar governmental agencies) sends us a subpoena, we will comply with it. If we receive a subpoena by a third party that is not a governmental agency (for example, a subpoena in connection with civil litigation), we will contact the user whose identity has been requested using the contact information the user provided during the registration process. We will wait 10 days after notifying the user before complying with the subpoena, unless the subpoena requires us to disclose this information before then. If we cannot wait 10 days because of the deadline in the subpoena, we will let the user know the deadline included in the subpoena when we provide notice that we received it.
You understand that you are personally responsible for your behavior while on the Site and the JOBY Sites, and agree to indemnify and hold JOBY and its parent, subsidiaries, affiliates, and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees and costs) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, access to the Site or the affiliated Sites, your violation of either these Terms or the rights of any third party and/or in connection with the Rebates, prizes, disclosure of membership passwords and any other matter in connection with your participation in the Rebates Program.
You agree to pay any and all taxes, duties and/or governmental charges such as income, sales, use, excise, value added, goods and services, and consumption taxes related to your participation in the Rebates Program as may be applicable.
SEARCH RESULTS: THE WEB CHANGES CONSTANTLY AND NO SEARCHING OR INDEXING TECHNIQUES CAN POSSIBLY INCLUDE ALL PAGES ACCESSIBLE ON THE WEB IN ITS INDEX OF SITES (THE "INDEX"). AS A RESULT, JOBY DOES NOT AND CANNOT GUARANTEE THAT YOUR SEARCH RESULTS WILL BE COMPLETE OR ACCURATE OR THAT THE LINKS ASSOCIATED WITH THE INDEX WILL BE ACCURATE OR ACTIVE AT THE TIME OF YOUR SEARCH. THE WEB SITES INCLUDED IN THE INDEX ARE DEVELOPED BY PEOPLE WE DO NOT CONTROL. THE PROCESS OF INCLUDING SITES IN THE INDEX IS LARGELY AUTOMATIC. JOBY CANNOT AND DOES NOT SCREEN THE SITES INCLUDED IN THE INDEX. FOR THESE REASONS, WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF ANY SITE INCLUDED IN THE INDEX, AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SITE OR ANY JOBY SITE (OR ANY SITE YOU MAY LINK TO FROM THE SITE OR ANY OF THE AFFILIATED SITES), OR ANY OFFENSIVE OR OTHERWISE OBJECTIONABLE CONTENT CONTAINED IN THE SITE OR ANY AFFILIATED SITE (OR ANY SITE YOU MAY LINK TO FROM THE SITE OR THE AFFILIATED SITES).
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE AFFILIATED SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT JOBY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT JOBY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ACCESS TO THE WEB SITE OR ANY SERVICES PROVIDED BY JOBY MAY BE INTERRUPTED OR UNAVAILABLE DUE TO MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, JOBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALTY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE AFFILIATED WEB SITES.
JOBY EXPRESSLY DISCLAIMS ANY ENDORSEMENT, RECOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JOBY, ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, ANY JOBY SITE, THE SERVICES OR THE INDEX, MEMBER'S USE OF THE INFORMATION, SERVICES AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE REWARDS PROGRAM, ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, INCLUDING POINT-EARNING OPPORTUNITIES; TYPOGRAPHICAL ERRORS AND/OR OMISSIONS; DAMAGES OF ANY KIND RELATED TO A MEMBER'S PARTICIPATION OR INABILITY TO PARTICIPATE IN THE REBATE PROGRAM; AND ANY ACTION, INACTION OR TRANSACTION ARISING FROM OR RELATED TO REBATE CREDITS INCLUDING WITHOUT LIMITATION ANY ISSUANCE, TERMINATION, CANCELLATION, REDEMPTION, PURCHASE, CREDIT OR REFUND MADE OR DUE TO THE MEMBER, BY OR FROM ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION, ADVERTISERS, ASSOCIATED AND AFFILIATED COMPANIES OR SUPPLIERS EVEN IF JOBY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.
You understand that JOBY is not responsible for the content of advertisements or Web sites from any companies associated with the Rebate Program. JOBY is not responsible for the accuracy of associated companies' information including any changes in or discontinuance of services and/or products, nor any intellectual property infringement made by any party. JOBY is not responsible for changes in the services and/or products offered by affiliated companies.
In no event shall JOBY's liability, either jointly or severally, exceed €50.
You may use our screen shots and logo for noncommercial purposes. You may ask about using static screen shots of our Site for commercial purposes by contacting firstname.lastname@example.org.
You may link to our site for non-commercial purposes.
If you are interested in using our Site for commercial purposes or licensing any of our many search technologies, please contact us at email@example.com for more information.
This contract shall be governed by and construed in accordance with the Italian's laws without regard to conflict of laws principles. These Terms as amended from time to time, set forth the entire understanding between the Member and JOBY and supersede any and all prior or contemporaneous agreements or understandings between you and JOBY, whether oral or written, as to the subject matter of these Terms. If any provision of these Terms or the application thereof to any Member or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of these Terms, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Bassano del Grappa (VI) - Italy, regarding any and all disputes relating to these Terms, your use of the Site or any JOB Site, the Services or the Rewards Program. No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an officer of JOBY. If the performance by JOBY of the Terms or any obligation thereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of JOBY, the Member shall excuse, without further action or notice, JOBY's performance to the extent of such prevention, restriction or interference.
You can direct any questions concerning these Terms to:
Vitec Imaging Solutions
Via Valsugana 100
36022 Cassola (VI) - Italy
Attention: Legal Department