Twproject on the cloud Terms of service

The following terms constitute an agreement between you registered user and Open Lab Srl (“we or us”). This agreement (“Terms of Service”) governs your use of the Twproject hosted service, which you access on Twproject  server farms.

BY REGISTERING A USER NAME WITH AND USING THE Twproject hosted service, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE.

Please review these terms carefully. You agree to transact with us electronically, you consent to the information practices disclosed in the Twproject Privacy Policy, you consent to resolve in Florence, Italy any dispute that you may have with us. Please note that we offer the Twproject hosted service without warranties.

The user grants Open Lab the right to include the user as a customer in Twproject promotional material. User can deny Open Lab this right by submitting a written request via email to info@twproject.com, requesting to be excluded from Twproject promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective.

About Twproject hosted service

Twproject hosted service consists of the application offered at the web addresses hosted on Twproject web farms to which you gain access by registering your user name as a Twproject hosted service user; the service you gain access to by registering is called your Twproject environment.

Change to these Terms of Service

These Terms of Service govern your relationship with us. We may change these Terms of Service at any time. We will provide at least ten (10) days notice before any material changes take effect. If you disagree with the changes to these Terms of Service, simply discontinue your use of the Twproject hosted service before the modifications take effect. Your ongoing use of Twproject hosted service after the changes take effect signifies your agreement to the new terms.

Payments, registration and refunds

We will open a registered account and corresponding Twproject environment for you when you complete your registration and payment. You will receive by mail a user name that will be identified with your account and Twproject environment. You will also receive by mail a password to access your account. Your user name and password are your credentials to give you access to the Twproject hosted service. You must be legally competent to enter into contracts. You may not have a user name that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any user name that we determine in our discretion is unacceptable for use on the Twproject hosted service.

The Service is billed in advance on a yearly basis and is non-refundable. We don’t prorate for partial year usage.

Twproject hosted service Information

The Twproject Privacy Policy explains the information practices that apply to your Twproject hosted service information, as well as the choices you can make about the ways this information is used by the Twproject hosted service and its affiliated providers. You consent to the transfer of this information to and within countries for processing and storage by us. Additionally, you agree that we may use your user name to authenticate you on the Twproject hosted service.

Inactive Status

In addition to the termination rights that we have under these Terms of Service, we also reserve the right to deactivate your user name and Twproject environment if all the users of the environment have been inactive for more than 60 days. The only exception to this rule is if your Twproject environment is assigned to a fee-based service for which you are a subscriber in good standing. This means you must use your account regularly, such as, by logging into a Twproject hosted service with your user name in order to keep your registration active. If we deactivate a login name, we have the right to reassign that user name to another user.

Your Responsibilities

You are responsible for all activities under your account and Twproject environment, including the use of your account and user name by others. The service is provided on an “as is” and “as available” basis. You are responsible for keeping your password confidential. You may use the Twproject hosted service for lawful purposes only. You may not submit or transmit through the Twproject hosted service any material, or otherwise engage in any conduct that:

  • violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person, business or entity, including Open Lab, Twproject , and its employees and agents;
  • contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  • encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  • violates these Terms of Service, guidelines or any policy posted on the Twproject hosted service, or
  • interferes with the use of the Twproject hosted service by others.

Moreover the following general conditions hold:

  • Your use of the on line Twproject service is at your sole risk. Technical support is only provided to paying account holders and is only available via the online forum at http://www.twproject.com.
  • You understand that Open Lab uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the on line Twproject service.
  • You must not modify, adapt or hack the on line Twproject service or modify another website so as to falsely imply that it is associated with the on line Twproject service, Open Lab, or any other Open Lab service.
  • You understand that the technical processing and transmission of the on line Twproject service, including your contents, 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.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Open Lab) of other Twproject customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  • Open Lab does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the on line Twproject service will be corrected.
  • You expressly understand and agree that Open Lab shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Open Lab has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  • The failure of Open Lab to exercise or enforce any right or provision of the Terms of on line Twproject service shall not constitute a waiver of such right or provision. The Terms of on line Twproject service constitutes the entire agreement between you and Open Lab and govern your use of the on line Twproject service, superseding any prior agreements between you and Open Lab (including, but not limited to, any prior versions of the Terms of on line Twproject service).

You may not use the Twproject hosted service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Twproject hosted service. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

Twproject hosted service

We may change or discontinue any Twproject hosted service or feature at any time and without notice. We may impose general operating rules for the Twproject hosted service. For example, we may establish limits on storing, uploading or downloading any data or impose time outs if you are idle on a particular Twproject hosted service.

No Spam

You may not use Twproject hosted service to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

Access Costs

You must provide at your own expense the equipment and Internet connections that you will need to access Twproject hosted service. Those costs are in addition to any fees you pay if you elect to subscribe to any fee-based Twproject hosted service.
Support Services

You are using the Software and Services AT YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.

We Make No Warranties

We provide the Twproject hosted service as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN OPEN LAB REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Twproject hosted service at your own risk.

Limitation of Liability

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR PARENT’S AND OUR AND OUR SUPPLIERS CUMULATIVE LIABILILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE Twproject hosted service EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Termination

We may cancel or suspend your registered user account or Twproject environment at any time, without cause and/or without notice. We may terminate and/or suspend your account or user name immediately, without notice, if there has been a violation of these Terms of Service, if your account has been deactivated for inactivity (see the Inactive Status section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use Twproject hosted service will end once your account is cancelled or terminated, and any data you have stored on the Twproject hosted service may be unavailable later.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of Twproject hosted service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices

Your affirmative act of registering for a user name for Twproject hosted service constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Twproject hosted service (collectively, Notices). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with Twproject hosted service, or (3) by posting the Notice on Twproject hosted service or otherwise through the Twproject hosted service. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of Twproject hosted service.

In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service link on the web site http://www.twproject.com. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This contract constitutes the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

This User License Agreement is governed by Italian law. In the event of disputes, this agreement shall be exclusively subject to the jurisdiction of the Court of Florence – Italy.

Procedures for Making Claims of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on Twproject hosted service in a way that constitutes copyright infringement, please send a mail to info@open-lab.com to report possible copyright infringement.

 

Trademarks

All trademarks appearing on the http://www.twproject.com web site and subdomains are the property of their respective owners.