PodiPodi - Terms of service

Introduction

Welcome to PodiPodi.com web site and any other web sites or services owned or operated by Digitalfog, Srl. ("Digitalfog"). This Terms of Service ("Terms" or "Agreement") is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age ("you") and Digitalfog regarding your use of PodiPodi.com services. All references to "us," "our", "Digitalfog" and "PodiPodi" in this Agreement are intended to refer to Digitalfog, Srl. and its affiliate entities.

The services hereunder are offered by Digitalfog, Srl. located at: Via Mattei, 14 Sermide (MN) Italy and email: info@digitalfog.it.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, USING AND/OR REGISTERING FOR PODIPODI SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE THE WIDGETBOX SITE.

Privacy Notice

Your privacy is important to Digitalfog. PodiPodi's Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

Modification of these Terms

Digitalfog reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms. Please check these Terms and any Guidelines periodically for changes. Your continued use of the PodiPodi Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on PodiPodi Site. You can review the most current version of the Terms at any time at: http://www.podipodi.com/terms/.

Limitations

VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN DIGITALFOG'S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE DIGITALFOG PROHIBITS CERTAIN CONDUCT AND CONTENT ON PODIPODI SITE, YOU UNDERSTAND AND AGREE THAT DIGITALFOG CANNOT BE RESPONSIBLE FOR CONTENT POSTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. BY USING PODIPODI SITE AND ITS SERVICES YOU AGREE NOT TO:

"stalk", harass, threaten, or defraud other users;
send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other users;
make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, "spam" or other junk messages;
transmit any worms or viruses or any code of a destructive nature through PodiPodi Site or any Services offered thereon;
impersonate another person or access another user's account without permission;
share PodiPodi-issued passwords with a third party or encourage another user to do so;
misrepresent the source, identity, or content of information transmitted via PodiPodi Site and its Services, for example, claiming a created work as your own that is not yours;
use PodiPodi Site and its Services for any illegal or unlawful purpose;
interfere with any security-related features of PodiPodi Site and its Services or otherwise attempt to gain unauthorized access to PodiPodi Site and its Services, or any part of them, other accounts, computer systems or networks connected to PodiPodi Site and its Services, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of PodiPodi Site and its Services or any activities conducted on PodiPodi Site and its Services;
intentionally interfere with the operation of PodiPodi Site and its Services or any user's enjoyment of it;
post inflammatory statements to get responses;
use PodiPodi Site and its Services in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of PodiPodi Site and its Services;

Password

When you register as a user you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all content posted and activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), you will immediately notify PodiPodi Team (Digitalfog). You may be liable for the losses incurred by Digitalfog or others due to any unauthorized use of your account.

Ownership - Proprietary Rights

PodiPodi Site and its Services are owned and operated by Digitalfog. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of PodiPodi Site and its Services provided by Digitalfog, including without limitation any artwork, visual art and any combination thereof (the "Materials") are protected by International copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Provided Information, which are owned by users, all Materials contained on the PodiPodi Site and its Services are the property of Digitalfog or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Digitalfog or its affiliates and/or third-party licensors. Except as expressly authorized by Digitalfog, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

PodiPodi Subscription

Limitations on Use
By subscribing on PodiPodi, you hereby agree to only use it on sites that you own. You may not give your account to other people to place on their sites. If Digitalfog determines that PodiPodi you subscribe to is being used on any web site not owned by you, Digitalfog reserves the right to disable the subscription and your account EVEN IF YOU DID NOT CAUSE OR AUTHORIZE THE OTHER USAGE (e.g., the owner of the other site has taken PodiPodi code without your consent).

Technical Processing
You understand that any technical processing and transmission through PodiPodi, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Digitalfog reserves the right at any time to modify or discontinue, temporarily or permanently, your access to PodiPodi (or any part thereof) with or without notice.

SUBMITTED MATERIALS

Submissions

You may submit any comments you may have on our Site and services, or ideas you may have on how to improve them, to info@podipodi.com. You may also have the opportunity to post certain comments, responses, and other materials on or as part of the PodiPodi "Send a comment" command . Please note that by submitting or posting any material, or by otherwise posting, uploading, inputting, providing or submitting your comments, feedback, concepts, know-how, techniques, software, or ideas (collectively, "Submissions"), you represent and warrant that (i) you are the author of all Submissions and/or are authorized by the author to submit all Submissions on their behalf (ii) your Submissions do not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) your Submissions do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) your Submissions do not contain any information that you or any third party considers confidential or proprietary; and (v) your Submissions are not false or misleading. Digitalfog reserves the right (but not the obligation) to remove or edit any Submission, but does not regularly review posted content.

If you do post content or make any Submission, and unless we indicate otherwise, you grant Digitalfog and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Digitalfog and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You will indemnify Digitalfog or its affiliates for all claims resulting from content you supply.

RELATIONSHIP

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and Digitalfog. This Agreement is between you and Digitalfog and is not intended to be for the benefit of any third party. If there is any dispute between you and any third party, you understand and agree that Digitalfog is under no obligation to become involved. In the event that you have a dispute with any third party or parties, you hereby release Digitalfog, its officers, employees, agents and successors in rights from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

SYSTEM OUTAGES

Digitalfog periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Digitalfog shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, nondelivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

NO WARRANTY

Digitalfog PROVIDES THIS WEB SITE AND RELATED SERVICES "AS ARE" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Digitalfog SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE. Digitalfog MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES Digitalfog MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Digitalfog SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. Some states OR OTHER JURISDICTIONS do not allow the disclaimer of implied warranties, so PORTIONS OF the foregoing disclaimer may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Digitalfog, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site (directly or through your agents), your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of the rights of any other person or entity.

MISCELLANEOUS

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement. The delay or failure of either party to require performance of any provision hereof shall in no manner affect such party's right at a later time to enforce such provision. No delay or failure of either party in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between Digitalfog and you pertaining to the subject matter hereof. In its sole discretion, Digitalfog may amend or modify this Agreement or any other documents referenced herein at any time by posting a revised version or versions on the Site. Any amended or modified terms will be effective upon posting. Continued use of or visits to the Site constitutes acceptance of any modified terms and conditions. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Digitalfog. Digitalfog may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.

NOTICES

Notices to Digitalfog shall be by email or certified mail, return receipt requested, at: info@podipodi.com or, if by certified mail, Digitalfog S.r.l., Via E. Mattei 14, 46028 Sermide (MN), ITALY.

Last Update: June 1, 2008

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