dbGLOVE Terms of Service

Version 1.0 - Last updated on January, 14th 2015

Notification

Please read the following to learn more about our Terms of Service before accessing dbGLOVE.

PLEASE NOTE THAT OUR TERMS OF SERVICE has changed effective January, 14th 2015.


Introduction

Welcome to www.dbglove.com, part of the dbGLOVE Internet Websites (collectively, the "Website" or "Websites") and Services (collectively, the "Service" or "Services"), which are offered by INTACT srl and by its Network. The Website and the Services include all functionalities offered offered by INTACT srl and by its Network, and associated with the Website or with other means (e.g., Mobile Apps, software plug-ins).

This is a legal agreement (“Agreement”) between Customer and INTACT srl. Please read the following terms and conditions (“Terms”) carefully. These Terms govern your access to and use of the Services (as described below), and constitute a binding legal agreement between you, as a user of the Services, and dbGLOVE.

BY ACCESSING AND/OR USING THE SERVICE(S) AND/OR SIGNING UP FOR AN ACCOUNT AND/OR USING ANY dbGLOVE WEBSITE (OTHER THAN TO READ THESE TERMS OF SERVICE FOR THE FIRST TIME), YOU ARE AGREEING, ON BEHALF OF YOURSELF AND/OR YOUR COMPANY, TO BE BOUND BY THE MOST RECENT TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICE(S).

Your access to and use of the Services is conditioned on your compliance with these Terms, also including those stipulated by Privacy and Policy as indicated at http://www.dbglove.com/pages/en/privacy-policy.

INTACT srl, in its sole and absolute discretion, reserves the right to revise, update, change, add to, supplement and/or delete this Agreement from time to time without notice to you. Such changes become effective immediately and if you use the Website after they become effective it will signify your agreement to be bound by such modifications or revisions.

Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to this Agreement.

If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your dbGLOVE Website account and terminate the Account. The continued use of dbGLOVE Websites by you following notice of changes to this Agreement will mean you accept any and all such changes. INTACT srl may change, modify, suspend, or discontinue any aspect of the dbGLOVE Websites at any time. INTACT srl may also impose limits on certain features or restrict your access to parts or all of the dbGLOVE Websites without notice or liability.

In addition to these Terms of Service, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here and is incorporated by reference into these Terms of Service. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.

You can review the most current version of this Agreement at any time at http://www.dbglove.com/pages/en/terms-and-conditions-of-service.


Intellectual Property Rights

This Agreement between dbGLOVE and you also governs, without limitation, all content and all information made available to you or by you through this site by dbGLOVE, INTACT srl, and/or third parties. The "Customer" shall mean the entity or person invoiced by INTACT srl for use of the Service, and “You” or “User” shall mean a unique user of the Service whether a Customer or not (as defined by unique URL, IP address or other unique identification).

The Website, the Service and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Website Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Service, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Service are expressly reserved.

Shall the Website or the Service contain any material whose copyright or intellectual property rights are not owned by us, our licensors, or both, we will specify the source of such material, when applicable and at our sole discretion.

INTACT srl alone (and its successor or assigns, or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the dbGLOVE technology, the content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Service, dbGLOVE technology, or intellectual property rights. The dbGLOVE name, the dbGLOVE logo, and the product names associated with the Service are trademarks of INTACT srl or its affiliated companies, and no right or license is granted to use them.


Services

The Service may be available either as a paid service plan (a “dbGLOVE Premium Account”) or as a free service plan. Each dbGLOVE Premium Account invoiced to and paid by the Customer in accordance with Section ‘Payment’ herein comprises a single dbGLOVE organization with an unlimited number of Users and special features not found on the free service plan. A free service plan is any dbGLOVE organization with a limited number of Users and functionality as determined by dbGLOVE in its discretion from time to time.


Access and Use

Access to the Website and to the Service including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. Except as expressly permitted in these Terms of Service, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

The Service may not be used in any way that is illegal or promotes illegal activities or in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent.

Furthermore, except as expressly permitted in these Terms of Service, you may not:

Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Service.


Payment

Some parts, functionalities, or products may be sold by the Website or by the Service or offered upon payment of a subscription fee. Payment for Services under a dbGLOVE Premium Account shall be at prices and under terms stated on the dbGLOVE website, or as otherwise stated or quoted by INTACT srl from time to time. All prices are exclusive of taxes (VAT or otherwise), which may or may not be added to the price, depending on applicable law and the legal residence of the Customer.

INTACT srl is entitled to adjust the prices, functionality and number of Users for the Service from time to time. Adjusted prices shall take effect upon any subsequent term of the Service.

Payment shall be made automatically by charges assessed against the Customer’s credit card or by other designated payment method, as noted on the dbGLOVE website, or as otherwise instructed by INTACT srl from time to time.

In case of non-payment for any reason or any violation of these Terms and Conditions, INTACT srl shall be entitled - without liability - to immediately bar Customer's access to the Service and bar access to the service plan in question, and to terminate Customer’s account.

In case of termination of account, INTACT srl reserves the right to impose a reconnection fee in the event Customer requests to resume access to the Service. Customer agrees and acknowledges that INTACT srl has no obligation to retain Uploaded Data and that such Uploaded Data may be irretrievably deleted if the account is 30 days or more delinquent.


User Registration

In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 13, then you are not permitted to register as a user or otherwise submit personal information.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a username and password (a "Membership"), which may permit you access to certain areas of the Website not available to non-registered users.

Usernames and passwords are personal, and are to be considered part of Confidential Information. The User or Customer is at all times fully liable for all acts and omissions by Users whom the User or Customer has granted access and agrees to indemnify INTACT srl for all claims and losses related to such acts and omissions.

You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at privacy@intacthealthcare.com of any breach of security or unauthorized use of your Membership.


Username

Each user will select a user name during the registration process. If dbGLOVE finds such a username to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and/or suspend or terminate your use of your Account.

In particular, you may not use any name:


Responsibilities

You are responsible for all activity occurring under your User or Customer account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations, which are required, by your employer and/or the applicable administrators of your account.

You shall:


Service Level

dbGLOVE will at all times reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are granted. The Service is hosted by INTACT srl, or a subcontractor of its choice. All data stored as part of the Service may be backed up on a regular basis. If Customers with a paid service plan experience loss of data, INTACT srl may use reasonable efforts to attempt to restore data from the most recent working backup; provided, however, INTACT srl gives no warranties with respect to recovering or restoring any lost Customer data. The User or Customer is always encouraged to make its own backups of all data stored on the Service.


Copyright Policy

We respect the intellectual property rights of others, and we ask that users of the Website do the same.

If you believe that your intellectual property is being used on the Website in a way that constitutes copyright infringement, please provide us with the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):

The information specified above must be sent to our Designated Agent, whose contact information is as follows:

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.


Force Majeure

Neither Party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a Party.


Termination

This Agreement is effective until terminated. Either party may terminate this Agreement immediately by delivering to the other party written notice of such termination or by terminating the Account. INTACT srl reserves the right to terminate this Agreement without notice, if, in INTACT srl’s sole and absolute discretion, you fail to comply with any terms contained in this Agreement or SLA.

Notwithstanding anything to the contrary in this Agreement, INTACT srl reserves the right to suspend, permanently discontinue or terminate the Service, the dbGLOVE Website(s), any Software and/or your Account, or your access to any of the foregoing, at any time. Upon any discontinuation or termination of the Service, dbGLOVE Website(s), Software or your Account, this Agreement shall terminate with respect to the applicable Service, Software, Account and/or dbGLOVE Website. IN THE EVENT OF ANY SUSPENSION, DISCONTINUATION OR TERMINATION OF THIS AGREEMENT, THE SERVICE, dbGLOVE WEBSITES, SOFTWARE OR YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO ANY REFUNDS OR OTHER COMPENSATION FOR ANY REASON.

After such termination, you understand and acknowledge that dbGLOVE will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease.

dbGLOVE will not be liable to you or any third party for termination of the Services or termination of your use of the Services. Upon any termination or suspension, any information (including Content) that you have submitted to the Services may no longer be accessed by you. Furthermore, dbGLOVE will have no obligation to maintain any information stored in our database related to your Storefront or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to dbGLOVE under these Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

dbGLOVE Premium Accounts are pre-paid and are non refundable. INTACT srl DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OF USE OF THE SERVICE. You may cancel your dbGLOVE Premium Account at anytime, which will be effective immediately. If you wish to cancel your dbGLOVE Premium Account you may do so via your “Account” page, or otherwise as instructed. Should you elect to cancel your dbGLOVE Premium Account, please note that you will not be issued a refund for any charged and paid fees. It is your responsibility to keep your contact and payment information current. You explicitly authorize INTACT srl to continue billing your credit card on file with us for as long as you continue using the Service, and in the event that your credit card is invalid for payment for any reason, then you remain responsible for any uncollected amounts.

This Agreement shall commence on the date of availability of the Services and will remain in effect for an initial term of contract as stipulated online at the dbGLOVE website (the “Initial Term”). Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at the then current fees, if applicable, unless Customer specifically terminates the Services online on dbGLOVE’s website.


Equitable Remedies

The rights granted to you and obligations made hereunder to dbGLOVE are of a unique and irreplaceable nature, the loss of which shall irreparably harm dbGLOVE and which cannot be replaced by monetary damages alone. As a result, in the event that you breach this Agreement, you hereby agree that dbGLOVE would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that dbGLOVE shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as dbGLOVE may otherwise have available to it under applicable laws. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).


Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Italy, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any state located in Italy and waive any jurisdictional, venue or inconvenient forum objections to such courts.


Severability

If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Except as otherwise specifically provided herein, this is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.


Waiver

The failure by dbGLOVE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.


Limitation of Liability

NEITHER dbGLOVE NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE AND/OR dbGLOVE WEBSITES (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES CONTAINED THEREIN), YOUR ACCOUNT, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE dbGLOVE WEBSITES, EVEN IF dbGLOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT dbGLOVE, ITS LICENSORS AND ITS LICENSEES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ON THE dbGLOVE WEBSITES OR USE OF SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE dbGLOVE’, ITS LICENSORS’ AND ITS LICENSEES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE dbGLOVE WEBSITES, OR ANY PART THEREOF, IS TO STOP USING THE dbGLOVE WEBSITES. THE MAXIMUM AGGREGATE LIABILITY OF dbGLOVE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID (IF ANY) TO dbGLOVE FOR THE SERVICES.


Disclaimers

THE INFORMATION, CONTENT AND MATERIALS ON dbGLOVE WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY dbGLOVE WEBSITE OR SERVICE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY dbGLOVE WEBSITE, SERVICE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY dbGLOVE WEBSITES OR SERVICES, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY dbGLOVE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

dbGLOVE explicitly disclaims any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any dbGLOVE Website or Service. dbGLOVE cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any dbGLOVE Website or Service or third-party information, content or materials contained on dbGLOVE Websites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information).

NEITHER dbGLOVE NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE dbGLOVE WEBSITES OR THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, dbGLOVE SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION STORED BY THE dbGLOVE WEBSITES. MOREOVER, NEITHER dbGLOVE NOR ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.

You may not be able to access dbGLOVE Websites whenever you want, and there may be extended periods of time where you cannot access dbGLOVE Websites.

dbGLOVE shall not be held liable for any delay or failure to perform under any circumstances, including without limitation those resulting from causes outside the reasonable control of dbGLOVE; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond dbGLOVE’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.


Modification to Terms

INTACT srl reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the dbGLOVE website at http://www.dbglove.com/pages/en/terms-and-conditions-of-service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.


Assignment

This Agreement may not be assigned by you without the prior written approval of INTACT srl, but may be assigned without your consent by INTACT srl to: