Objects Online Terms of Use
(Revised October 1, 2008)
CONTENTS:
ARTICLE 1: Definitions
Member or "You": person or legal representative that signs the "registering
form".
Objects Online, "We" or "Us": Objects Online,
Inc., a Delaware Corporation which is a provider of services that allow members
to access to professional services offered to internet users (both members and
guests) from the objectsonline.com website.
Internet: Network of multiple connected servers
situated in different geographic locales all over the world.
Identifier: General term designating any kind
of confidential code or password that allows a member to identify himself or
herself and to connect to the objectsonline.com services.
objectsonline.com: website of Objects
Online, Inc.
Parties: Collectively refers to "Member" and
"Objects Online"
Terms: Objects Online Terms of Use.
ARTICLE 2: Objects
The object of this agreement is the definition of the general terms and
conditions under which, on the one hand, objectsonline.com provides its services
to its members and, on the other hand, members can access and use these
services. Connection to these services is conditional on the respect of these
general terms and conditions. Validation of the registration implies the
acceptance of all the conditions described below. In order to use any of the
services offered on objectsonline.com, You must agree to these Terms. By using
any services provided on objectsonline.com You are agreeing to the Terms.
Parties agree that Internet is an open and
informal network made up from the connections between computer networks at an
international level. These networks may have differing transmissions
capabilities and be subjected to their own policies of use. No one can guarantee
that the entire internet is functional at all times. Accessing these services is
possible around the clock and every day except in cases of force majeure or an
event that is outside the competence of objectsonline.com and with all proper
reserve as to possible system failures or maintenance works required for the
proper running of all services and tools. Access and utilization rights to the
services of objectsonline.com are not exclusive and not transferable.
ARTICLE 3: Using identifiers and passwords
The elements allowing members to identify themselves and to connect to the
services of objectsonline.com are personal and confidential. Any subscribed
member of the objectsonline.com services must be the only person to use it and
is therefore solely responsible for the utilization of his or her password.
Members undertake to keep their password secret and not to disclose it in any
form.
ARTICLE 4: Rules for using internet
objectsonline.com is not responsible for any of the services available
through the internet and has no control of any kind over the nature and
character of the data that transit through its central server. The communication
of members by means of passwords, confidential codes and generally of all
information that the members deem to be sensitive or confidential is made at
their own risk. Members acknowledges that data circulating through the internet
may be regulated by terms of use or protected by property rights. The member is
solely responsible for the use of the data that he or she consults, requests or
transfers through internet.
ARTICLE 5: Conditions of joining
objectsonline.com
The member acknowledges that he or she has read the conditions listed in the
present contract as they appear on the screen when registering to the service
and expressly declares that he or she accepts them without any reserve.
objectsonline.com confirms the acceptance of the member to its service by
sending a message to the email address entered by the member. The contract only
takes effect when objectsonline.com has sent a message confirming that the
member's account has been APPROVED.
ARTICLE 6: Users of the
objectsonline.com service
Users who wish to become members undertake to fill in the registration form
by providing accurate information. In particular, users undertake that they will
not create a false identity as the originator of messages.
ARTICLE 7: Services
An online sales service
objectsonline.com cannot be held responsible
for access speed from any other site over the world or for any external loss of
speed, as this is dependent on the complexity of the world network, the unequal
capacity of different subordinate networks and data flow at different times of
the day.
ARTICLE 8: Maintenance
Objects Online continues to innovate and improve the services it offers to
You. Accordingly, You expressly acknowledge and agree that the form and nature
of services offered to You by Objects Online may change at any given time,
without prior notice to you.
Furthermore, you acknowledge and agree that Objects Online, in its sole
discretion may need to interrupt all or part of its services for maintenance or
other reasons, without prior notice to You.
ARTICLE 9: Responsibility
THE MEMBER ACKNOWLEDGES THAT OBJECTSONLINE.COM CANNOT BE HELD RESPONSIBLE
FOR INTERRUPTIONS AND ANY POSSIBLE CONSEQUENCES AFFECTING MEMBERS OR THIRD
PARTIES.
It is stipulated that the Member is solely
responsible for any direct or indirect material or immaterial damage caused by
either himself/herself or one of his/her employees to objectsonline.com or to
third parties as a consequence of using the services of objectsonline.com. You
will both during and after the Term of these Terms defend, indemnify and hold
harmless Objects Online from and against any loss, injury or damage (including
any legal costs and expenses and any compensation costs and disbursements)
suffered and incurred by Objects Online in consequence of any breach of these
Terms by You.
objectsonline.com cannot be held responsible in
case of force majeure or because of events that are outside its competence such
as any interruption of the access networks to the services it offers or loss of
data. objectsonline.com cannot be held responsible for any use of the service
that does not conform to the present agreement. objectsonline.com cannot be held
responsible for the compatibility, reliability and usability of any software
other than those it offers itself.
YOU EXPRESSLY AGREE THAT YOUR USE OF
OBJECTSONLINE.COM IS AT YOUR SOLE RISK AND THAT OBJECTSONLINE.COM IS PROVIDED
"AS IS" AND "AS AVAILABLE"
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
OBJECTSONLINE.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF
OBJECTSONLINE.COM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
OBJECTSONLINE.COM IS NOT ERROR-FREE AND IS BEING PROVIDED "AS IS" AND WITH ALL
FAULTS, WITHOUT WARRANTY OF ANY KIND
OBJECTS ONLINE EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, CONDITIONS, REPRESENTATIONS, WHETHER STATUTORY, EXPRESS, OR IMPLIED,
ORAL OR WRITTEN (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE).
LIMITATION OF LIABILITY. IN NO EVENT SHALL
OBJECTS ONLINE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR
CONSEQUENTIAL DAMAGES, (INCLUDING LOSS OF ECONOMIC ADVANTAGE, BUSINESS, PROFITS,
DATA OR INACCURACY OF DATA), IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT
OR FROM USE OF OBJECTSONLINE.COM, WHETHER OR NOT OBJECTS ONLINE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION OR LEGAL
THEORY (WHETHER IN CONTRACT OR IN TORT, INCLUDING STRICT TORT LIABILITY, OR
BASED ON A WARRANTY) UNDER WHICH THE LIABILITY MAY BE ASSERTED.
ARTICLE 10: Content ownership
Unless expressly specified, all software developed by objectsonline.com
allowing the creation of the member's site or made available to the member in
the framework of its hosting remain the sole property of objectsonline.com. You
expressly acknowledge and agree that Objects Online owns all legal right, title
and interest in and to all services provided by Objects Online. These services
are owned by and proprietary to Objects Online and are protected by copyright,
trademark, patent, trade secret and other applicable law, whether or not those
rights happen to be registered or not. The Member will not copy or reproduce any
part of the software and/or the accompanying documentation in any way and under
any form; translate or transcribe the software and/or the documentation in any
other language; adapt or add to them any object that does not conform to their
specification. The Member will not attempt to reverse engineer, decompile, or
disassemble any services offered by Objects Online. The Member does not acquire
any right of any kind to the objectsonline.com brand name or to any of the
product brand names developed by objectsonline.com. The Member will not sublet
and/or put at the disposal of a third party in any way any part of the services
of objectsonline.com. You are only given a personal non-transferable
nonexclusive license to use Objects Online. This agreement is a personal one,
and only one agreement can be concluded by any single person or legal
representative for a single email address, unless previously approved by
objectsonline.com.
ARTICLE 11: Backup
objectsonline.com is not responsible for Your loss of licensed software. You
are responsible for backing up any software purchased, acquired, or otherwise
obtained from objectsonline.com. Objectsonline.com is not responsible for any
loss of data or any data corruption. Please review the
End User License
Agreement for information on
licensing terms.
ARTICLE 12: Member identification and
permitted uses
Prior to accessing certain services, You may be required to provide
information about yourself, such as identification or contact details, as part
of the registration process. Further, You may be required to provide
identification information to continue use of objectsonline.com. You agree that
any registration information You provide to Objects Online is accurate and
current. You also agree to provide a current email address.
You agree to use objectsonline.com only for
purposes that are permitted by all applicable laws, regulations and practices
and permitted by these Terms.
You agree to access objectsonline.com only
through the interfaces provided to You by Objects Online. You agree not to
access or attempt to access any of the services offered to You by
objectsonline.com through any automated means, such as web crawlers.
You agree that You will not engage in any
activity that interferes with or disrupts objectsonline.com or the servers and
networks which are connected to objectsonline.com.
ARTICLE 13: Privacy
Our Privacy Statement is designed to assist you-businesses,
consumers and the general public-in understanding how we collect and use the
personal information you provide to us, and to help you make informed decisions
when using our web site and all of our related services therein. Please
see our complete Privacy Statement at
http://www.objectsonline.com/privacy.php.
ARTICLE 14: Returns and refunds
All software sales are final, except in cases of defective software/media or
unopened mail order products. All product exchanges/returns must be made within
30 days of original purchase date. In some cases, software developers may have
specific terms in place that may impose additional limitations or exclusions on
this return policy, which will be prominently noted in our product descriptions.
Some software developers may offer limited return policies. Please refer to our Help section for additional information. Before purchasing, the Member should read all product descriptions and system
requirements/compatibilities carefully, and read and accept the terms of the
Objects Online Website User Agreement (this document) and the Software End User
License Agreement (http://www.objectsonline.com/license_agreement.php). The Member should contact
Objects Online with any questions prior to purchasing.
For defective/incompatible products or
incorrect versions received, please contact Objects Online to receive a Return
Merchandise Authorization (RMA) number. We reserve the right to explore all
possible support options, or to reject return claims that in our judgment do not
meet the above criteria. We will issue you a credit card/PayPal refund for value
of the product minus any applicable shipping charges and/or a 5% administrative
fee. You must agree to immediately remove all installations and destroy all
backups of the product you are returning.
ARTICLE 15: Duration of the agreement
The present agreement is entered into by objectsonline.com and the Member
for an unlimited period of time. Either party can terminate it without any
motive or advance notice. The Member should notify objectsonline.com of
termination by either traditional mail or email.
ARTICLE 16: Shipping
Information
If your order is being shipped via UPS, $100
shipping insurance is automatically included. If the value of your UPS shipment
exceeds $100 and you would like to fully insure it (highly recommended...see
below), please do not complete your order online, but instead contact us for
pricing and insurance options. If additional shipping insurance is used, we'll
need to process your order manually.
If your order is being shipped via US Postal
Service (USPS), shipping insurance is not automatically included. Shipping
insurance is sometimes available for certain package types and destinations. If
you are selecting USPS and would like to insure the package (highly
recommended...see below), do not complete your order online, but instead contact
us for pricing and insurance options. If additional shipping insurance is used,
we'll need to process your order manually.
Objects Online is not responsible for lost,
misdirected, or abandoned mail. The customer assumes all responsibility for
replacing uninsured or underinsured packages. To ensure the safe arrival of your
package, we recommend that you double-check your shipping address prior to
completing your order, and select a delivery option that includes full shipping
insurance coverage.
All taxes, tariffs, import duties, customs
fees, and shipping brokerage fees are the responsibility of the customer.
Objects Online has no involvement in establishing these fees, nor any means of
estimating them. If the customer refuses to pay fees required by the shipper or
local governing authority, Objects Online reserves the right to recover the
package and assess a 20% restock fee plus all associated shipping costs to the
customer.
ARTICLE 17:
Gift Certificates
Objects Online gift certificates expire on the
calendar year they are issued. We can make an exception to this if the gift
certificate holder requests an extension before the last business day of the
calendar year, otherwise the gift certificate is forfeited. Gift certificates
issued during the month of December are automatically extended into the next
calendar year. Only one extension shall be granted on any single gift
certificate. We will email one reminder notice during the month of December that
a gift certificate is about to expire. When our accountant closes the books at
the end of the year, unclaimed gift certificates are voided unless they have
been extended by request in advance.
ARTICLE 18: Modifications of the general
terms of use
objectsonline.com reserves the right to modify the present use of terms to
adapt them to the development of the site on/or its use.
When these changes are made, Objects Online
will make a new copy of the Terms available at
http://www.objectsonline.com/conditions.php and any new Terms will be made available to
You from within, or through, objectsonline.com.
You acknowledge and agree that if You use
objectsonline.com after the date on which the Terms have changed, You agree to
be bound by the Terms as updated. YOU MAY NOT USE OBJECTSONLINE.COM IF YOU DO
NOT ACCEPT THE TERMS.
ARTICLE 19: Violation of the agreement -
Termination
In case of breach by either party of the terms of the present agreement by
failing to perform their duties and failing to make good on it, the other party
can terminate the agreement by a simple email message. In addition,
objectsonline.com reserves the right to terminate this agreement without advance
notification if the member fails to respect one of the clauses of the present
agreement and in particular in cases of piracy or an attempt to put to illegal
use the information circulating on the network and relating to the connection to
the account of the member. Also, objectsonline.com reserves the right to suspend
the access right of the member to his/her account on objectsonline.com.
objectsonline.com reserves the right to terminate immediately the provided
services without advance notification, in particular if the behavior of the
Member is in violation of the terms and conditions of the present agreement. The
Member renounces the right to appeal or protest against the suspension and the
use the services offered by objectsonline.com. In case of a violation of the
present agreement, objectsonline.com reserves the right to bring proceedings
against the Member in order to allow the courts of justice to establish
responsibility.
ARTICLE 20: Copyright issues
The Member must obtain preliminary authorization for the use of any data
protected by copyright or any other right to intellectual property from the
legal holders of these rights, in particular before the public reproduction,
display or communication of such data. Member warrants to Objects Online that
any data or information provided to Objects Online by Member does not infringe
any patent, copyright, trademark or trade secret of any third party in any
country and Member will indemnify and hold Objects Online harmless from any such
claimed infringement, provided that Objects Online provides Member with prompt
written notice of each such claim.
You may not copy, modify, create a derivative
work of, reverse engineer, decompile or otherwise attempt to extract the source
code of objectsonline.com or any part thereof.
ARTICLE 21: Miscellaneous
Entire Agreement: These Terms constitutes the entire understanding of the
Parties with respect to the subject matter hereof and merges all prior written
or oral communications, understandings, and agreements.
Assignment: Member may not assign these Terms
without Object Online's specific prior written consent which Objects Online will
not unreasonably withhold. Any attempted assignment by Member in violation of
the foregoing will be void.
Force Majeure: Objects Online shall not be
responsible for delays beyond its reasonable control.
Waiver: The failure by Objects Online to
enforce at any time or for any period any one or more of the terms or conditions
of these Terms shall not be a waiver of them or of the right at any time
subsequently to enforce all terms and conditions of this Agreement.
Severability: If any term or provision of these
Terms shall be held by any judicial, arbitral, regulatory or other public
authority of competent jurisdiction to be, illegal, invalid, void or
unenforceable, it will be to that extent omitted and the validity or
enforceability of the remainder of this Agreement shall not affected. Whenever
possible, each provision of these Terms will be interpreted in such a manner as
to be effective and valid under applicable law.
Headings: The clause headings in these Terms
are inserted for ease of reference only and shall not affect the construction or
interpretation of this Agreement.
Relationship between Objects Online and Member:
It is agreed and understood that Member is not the agent or representative of
Objects Online and has no authority or power to bind or contract in the name of
or to create any liability against Objects Online in any way or for any purpose.
Nothing herein contained shall be construed to create a partnership or joint
venture or employment relationship or agency relationship between the Parties.
Choice of Law: This Agreement will be governed
by and construed in accordance with the laws of the State of Florida (without
reference to Florida's rules regarding conflict of laws) and the parties further
consent to exclusive jurisdiction and venue in the federal courts sitting in
Hillsborough County, Florida, unless no federal subject matter jurisdiction
exists, in which case the parties consent to the exclusive jurisdiction and
venue in the Thirteenth Judicial Circuit Court in Hillsborough County, Florida.
Member waives all defenses of lack of personal jurisdiction and forum non
conveniens. Member further agrees that Objects Online shall be entitled to
recover its attorneys' fees and costs expended in enforcing any of the terms of
these Terms.
English: The English language version of this
Agreement will control regardless of any subsequent translations of this
Agreement.
No Licenses: Nothing contained in these Terms
shall be construed as granting, by implication, estoppel or otherwise, any
licenses or rights under any patents, copyrights, trademarks or other legally
protectable proprietary rights (present or future) of Objects Online unless
expressly provided for herein.
Version: 3 - Copyright © 2008 OBJECTS ONLINE,
INC. All rights reserved.
# 4564360_v3 r20081001 |
