Saevio Apps SRL Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AND COMPLETELY BEFORE USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES (DEFINED BELOW). BY USING, REGISTERING FOR, OR SUBMITTING CONTENT TO THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS OF USE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, YOU MAY NOT USE, REGISTER FOR, OR SUBMIT CONTENT TO THE SERVICES.

1. Services Covered; General Terms

A. These Terms of Use are between Saevio Apps SRL and you. The services covered by these Terms of Use ("Services") include all versions of Saevio Apps SRL websites, mobile websites, and other Internet enabled or wireless means by which Saevio Apps SRL provides content to you or receives content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, Saevio Apps personal computer applications, mobile applications, and tablet applications), content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products, and delivery of Saevio Apps SRL content to you at your request. The Services are owned and operated by Saevio Apps SRL, but the Services may include elements licensed from or provided by third parties.

B. Saevio Apps SRL (along with its licensors) retains all right, title and interest in and to the Services, including all intellectual property rights therein. Saevio Apps SRL has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Services. Saevio Apps SRL has the right to terminate and/or suspend your ability to access the Services or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms of Use). All fees paid for use of or access to the Services are 100% non-refundable unless stated otherwise in separate terms and conditions provided when you sign up for a particular Service or unless applicable law provides otherwise. The Services are intended for use by a general audience and are not directed to those under the age of 13.

2. Using our Services

You must follow any policies made available to you within the Services.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is not Saevio Apps SRL’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws

3. Privacy Policy

By using any of the Services or by agreeing to these Terms of Use, you are also agreeing to the terms of Saevio Apps SRL's Privacy Policy and the collection, use, sharing and storage of information as described therein, including without limitation your personal or personally identifiable information.

4. About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

5. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. Saevio Apps SRL may also stop providing Services to you, or add or create new limits to our Services at any time.

6. Registration

A. Some of the Services may provide you with the opportunity to register by creating a user account in order to enable certain features or receive certain information. You must be at least 18 years of age to register. By registering to use the Services, you represent that you are of the minimum registration age or older, and if you are under the age of majority in your country, state or territory, you represent that you either are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit material, participate on Services, and fulfil the obligations set forth in these Terms of Use, which form a binding contract between you and Saevio Apps SRL. Saevio Apps SRL will use the information you provide upon registration and thereafter in accordance with Saevio Apps SRL's Privacy Policy.

B. By registering, you represent and warrant that all information that you choose to provide is current, complete and accurate. You agree to maintain and promptly update such information as necessary, so that it remains current, complete and accurate. If the registration process requires you to create and use log-in credentials such as an email address or user name along with a password, you acknowledge and agree that Saevio Apps SRL may rely on the subsequent use of your log-in credentials to provide access to your account and the information you have provided. You are responsible for all use of your account, regardless of whether you authorised such access or use, and for ensuring that all use of your account complies fully with these Terms of Use.

7. Equipment

You shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.

8. Restrictions on Use

  1. You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. You shall not post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Services. Any conduct by you that in Saevio Apps SRL's discretion restricts or inhibits any other user from using or enjoying the Services is not permitted.
  2. The Services contain copyrighted material, trademarks and other proprietary information, including, without limitation, animation, text, software, images, video, graphics, music and sound, and the rights to the contents of the Services under the United States copyright laws and other laws are owned or controlled by Saevio Apps SRL. While you may access, view, use and display the Services for your personal use, you may not modify, reproduce, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the content will be permitted without the express written permission of Saevio Apps SRL and any relevant third party copyrights owners. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
  3. The foregoing provisions of Paragraph 8 are for the benefit of Saevio Apps SRL, its subsidaries, affiliates and its third party providers, contractors, advertisers, licensees, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

9. Submissions

  1. By submitting material to Saevio Apps SRL or the Services, for good and valuable consideration, the sufficiency and receipt of which you hereby acknowledge, you automatically grant, or warrant that the owner of such material has expressly granted, to Saevio Apps SRL, its subsidiaries, its affiliates, its contractors, and its licensees, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology now known or hereafter devised; you waive your rights to attribution, integrity, or moral rights in the materials in connection with their use by Saevio Apps SRL and other authorized parties; you agree to allow use of your name and city on the Services and in publicity or advertising without compensation; and you understand and agree that Saevio Apps SRL shall have no obligation to copy, publish, display or otherwise exploit the materials, nor shall they be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the materials.
  2. Saevio Apps SRL shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. Saevio Apps SRL does not have an obligation to review posted material on the Services, and Saevio Apps SRL cannot assure that the material will either be appropriate or appropriately expressed. While Saevio Apps SRL may review submissions, Saevio Apps SRL does not assume responsibility for the contents of any submission. Saevio Apps SRL may choose not to publish all or any material submitted to the Services at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, Saevio Apps SRL shall have the right to remove any material that Saevio Apps SRL, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Saevio Apps SRL reserves the right to alter content as appropriate for the medium.
  3. You shall not e-mail, upload, post or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from such a submission.
  4. Subject to Saevio Apps SRL's policies regarding privacy, any e-mails, notes, message/billboard/forum postings, animation, images, videos, ideas, suggestions, concepts or other material submitted by you will be treated as non-confidential and non-proprietary.
  5. If you submit any content to Saevio Apps SRL, you will be deemed to have made the following representations and warranties, upon which Saevio Apps SRL will have the right to rely:
    1. You have the sole and exclusive right to grant such rights to Saevio Apps SRL;
    2. You have obtained any and all necessary rights and where required, written releases, from any and all recognizable persons appearing in the content, and from any and all persons who provided art work or any other material appearing in the content;
    3. Saevio Apps SRL's exercise of the rights granted to Saevio Apps SRL by you under Paragraph 9. A. will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world;
    4. You hereby grant any other user of the site the right to access, view, store or reproduce the content for that user's personal use;
    5. You waive your rights to attribution, integrity, or any other moral right in the content in connection with its use by Saevio Apps SRL;
    6. You agree to allow use of your name, user name (if applicable), city and state in publicity or advertising without compensation; and
    7. You understand and agree that Saevio Apps SRL shall have no obligation to copy, publish, display or otherwise exploit the content, nor shall it be obligated to prevent, or have any liability for, any unauthorized copying, publishing, displaying or other exploitation of the content by others.

10. Disclaimer of Warranty; Limitation of Liability

  1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER Saevio Apps SRL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, COVERED PARTIES) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICES. IN NO EVENT WILL COVERED PARTIES OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DAMAGES, CLAIMS, OR INJURY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR PERSONAL OR BODILY INJURY, (I) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES, OR (II) ARISING FROM OR IN CONNECTION WITH YOUR CREATING CONTENT, BY VIDEOTAPING, PHOTOGRAPHY OR OTHERWISE, FOR SUBMISSION TO THE SERVICES, AND YOU HEREBY ASSUME ALL RISK FOR ANY DAMAGES, CLAIMS OR INJURIES.
  2. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES.
  3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT Saevio Apps SRL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
  4. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL Saevio Apps SRL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS THAT MAY NOT BE DISCLAIMED.
  5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF PARAGRAPH 10 MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify and hold harmless Saevio Apps SRL and its suppliers, advertisers, licensors and affiliated companies and their respective directors, officers, employees, contractors and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees and costs) arising out, relating to or in connection with (a) your use of the Services, (b) any content or materials that you submit or upload to or through the Services, (c) your unauthorized use of the Services or content or material obtained through the Services, (d) any violation of any law or regulation by you, and (e) your breach of this agreement. Some jurisdictions restrict the use of indemnification clauses. Accordingly, some or all of this paragraph may not apply to you.

12. Third Party Content

Saevio Apps SRL is not a publisher of content supplied by third parties and users of the Services. Accordingly, Saevio Apps SRL has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Saevio Apps SRL. In many instances, the content available through the Services represents the opinions and judgments of the respective information provider or user. Saevio Apps SRL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by anyone other than authorized Saevio Apps SRL employee spokespersons while acting in their official capacities.

13. Export Control

Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Saevio Apps SRL does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws.

14. Business Associates

The business associates of Saevio Apps SRL identified on the Services are independent contractors of Saevio Apps SRL. The business associates are not joint venturers or partners of Saevio Apps SRL. No employee or representative of the business associates is under the control of Saevio Apps SRL.

15. Links

The Services incorporate links to other Web sites. Saevio Apps SRL does not in any way endorse, nor is it responsible for, the content on those other Web sites.

16. Copyright Protection

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide Saevio Apps SRL's Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 ("DMCA"):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Saevio Apps SRL to locate the material;
  4. Information reasonably sufficient to permit Saevio Apps SRL to contact you;
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on the Services can be reached at: contact@saevioapps.com

17. About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Saevio Apps SRL and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

For any information you can contact us at contact@saevioapps.com