Terms and Conditions
Revision date: April 10, 2010
Terms and Conditions ("Statement") governs our relationship with users and others who interact with Mperience. By using and/or visiting Mperience, you signify your agreement to this Statement and Mperience’s privacy notice (http://www.mperience.com/mp/privacy.jsp).
This Statement apply to all users of the Mperience Website, including users who are also contributors of content, information, and other materials or services on the Website.
2. However, by submitting User Submissions to Mperience, you hereby grant Mperience a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Mperience Website and Mperience's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Mperience Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Mperience Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions. You understand and agree, however, that Mperience may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
3. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mperience all of the license rights granted herein.
4. When you publish content or information it means that everyone, including people off of Mperience, will have access to that information and we may not have control over what they do with it.
5. We always appreciate your feedback or other suggestions about Mperience, but you understand that we may use them without any obligation to compensate you for them.
6. When you publish content or information we have no obligation to distribute your content or information to other users.
7. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mperience to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions.
8. Mperience does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Mperience expressly disclaims any and all liability in connection with User Submissions. Mperience does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Mperience will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Mperience reserves the right to remove Content and User Submissions without prior notice.
2. You will not collect users' content or information, or otherwise access Mperience, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not use Mperience to do anything unlawful, misleading, malicious, or discriminatory.
8. You will not do anything that could disable, overburden, or impair the proper working of Mperience, such as a denial of service attack.
9. You will not facilitate or encourage any violations of this Statement.
1. You will not use Mperience if you are under 13.
2. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
3. You must keep your account password secure. You must notify Mperience immediately of any breach of security or unauthorized use of your account.
4. You will not transfer your account to anyone without first getting our written permission.
5. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
6. Although Mperience will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mperience or others due to such unauthorized use.
2. We can remove any content or information you post on Mperience if we believe that it violates this Statement.
3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights or trademarks (including Mperience, Mperience Logos), or any confusingly similar marks, without our written permission.
5. If you collect information from users, you will: obtain their consent, make it clear you (and not Mperience) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
6. You will not post anyone's identification documents or sensitive financial information on Mperience.
7. You will not send email invitations to non-users without their consent.
YOU AGREE THAT YOUR USE OF THE Mperience WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mperience, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Mperience MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Mperience WEBSITE. Mperience DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Mperience WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mperience WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
2. If anyone brings a claim against us related to your actions, content or information on Mperience, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" we mean anything you post on Mperience that would not be included in the definition of "information."
5. By "data" we mean content and information that third parties can retrieve from Mperience.
6. By "post" we mean post on Mperience or otherwise make available to us (such as by using an application).
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version on http://www.mperience.com/mp/termsofuse.jsp. Mperience may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions.
Terms and Conditions ("Statement") governs our relationship with users and others who interact with Mperience. By using and/or visiting Mperience, you signify your agreement to this Statement and Mperience’s privacy notice (http://www.mperience.com/mp/privacy.jsp).
This Statement apply to all users of the Mperience Website, including users who are also contributors of content, information, and other materials or services on the Website.
1. Privacy
We encourage you to read the Privacy Policy, and to use it to help make informed decisions.2. Sharing Your Content and Information
1. As an Mperience account holder you may submit textual content and images, collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Mperience does not guarantee any confidentiality with respect to any User Submissions.2. However, by submitting User Submissions to Mperience, you hereby grant Mperience a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Mperience Website and Mperience's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Mperience Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Mperience Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms and Conditions. You understand and agree, however, that Mperience may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.
3. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mperience all of the license rights granted herein.
4. When you publish content or information it means that everyone, including people off of Mperience, will have access to that information and we may not have control over what they do with it.
5. We always appreciate your feedback or other suggestions about Mperience, but you understand that we may use them without any obligation to compensate you for them.
6. When you publish content or information we have no obligation to distribute your content or information to other users.
7. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mperience to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms and Conditions.
8. Mperience does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Mperience expressly disclaims any and all liability in connection with User Submissions. Mperience does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Mperience will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Mperience reserves the right to remove Content and User Submissions without prior notice.
3. Safety
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Mperience.2. You will not collect users' content or information, or otherwise access Mperience, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not use Mperience to do anything unlawful, misleading, malicious, or discriminatory.
8. You will not do anything that could disable, overburden, or impair the proper working of Mperience, such as a denial of service attack.
9. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
In order to access some features of the Website, you will have to create an Mperience account. You are solely responsible for the activity that occurs on your account.1. You will not use Mperience if you are under 13.
2. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
3. You must keep your account password secure. You must notify Mperience immediately of any breach of security or unauthorized use of your account.
4. You will not transfer your account to anyone without first getting our written permission.
5. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
6. Although Mperience will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mperience or others due to such unauthorized use.
5. Protecting Other People's Rights
1. You will not post content or take any action on Mperience that infringes or violates someone else's rights or otherwise violates the law.2. We can remove any content or information you post on Mperience if we believe that it violates this Statement.
3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights or trademarks (including Mperience, Mperience Logos), or any confusingly similar marks, without our written permission.
5. If you collect information from users, you will: obtain their consent, make it clear you (and not Mperience) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
6. You will not post anyone's identification documents or sensitive financial information on Mperience.
7. You will not send email invitations to non-users without their consent.
6. Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Mperience to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3, 4, and 5.7. Warranty Disclaimer
WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR Mperience, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOU AGREE THAT YOUR USE OF THE Mperience WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Mperience, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Mperience MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Mperience WEBSITE. Mperience DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Mperience WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mperience WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Mperience exclusively in a court located in Rome, Italy. You agree to submit to the personal jurisdiction of the courts located in Rome, Italy for the purpose of litigating all such claims.2. If anyone brings a claim against us related to your actions, content or information on Mperience, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
9. Definitions
1. By "Mperience" we mean the features and services we make available, including:
1. our website at www.mperience.com and any other Mperience branded or co-branded websites (including sub-domains, international versions, widgets, embeddable player, and mobile versions);
2. other media, software (such as a toolbar), devices, or networks now existing or later developed.
The Mperience Website may contain links to third party websites that are not owned or controlled by Meperience. Mperience has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mperience will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Mperience from any and all liability arising from your use of any third-party website.
2. By "us," "we" and "our" we mean Mperience s.r.l.2. other media, software (such as a toolbar), devices, or networks now existing or later developed.
The Mperience Website may contain links to third party websites that are not owned or controlled by Meperience. Mperience has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mperience will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Mperience from any and all liability arising from your use of any third-party website.
3. By "information" we mean facts and other information about you, including actions you take.
4. By "content" we mean anything you post on Mperience that would not be included in the definition of "information."
5. By "data" we mean content and information that third parties can retrieve from Mperience.
6. By "post" we mean post on Mperience or otherwise make available to us (such as by using an application).
7. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
10. Other
1. This Statement makes up the entire agreement between the parties regarding Mperience, and supersedes any prior agreements.2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version on http://www.mperience.com/mp/termsofuse.jsp. Mperience may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions.