1. Acceptance of the Terms of Service
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Rotativa.io, because by using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!), or contact us at firstname.lastname@example.org. We'll be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website
Rotativa.io is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security, and Privacy
We are working hard on improving Rotativa.io, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
To access certain features of the Website you have to register by providing accurate and complete registration information. You must treat your credentials as confidential, not disclosing them to any third party and only using Rotativa.io in person. We highly recommend that you choose a strong password (e.g. "correcthorsebatterystaple") for your account and that you log out from your account at the end of every session.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
4. Intellectual Property Rights and Use Guidelines.
The Website and its entire content, features and functionality (including look!), are owned by Viva Software and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use of material on the Website, please address your concerns to: email@example.com
You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, or hacking the Website in any manner. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
5. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Rotativa.io is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
6. Handling of Claims
6.1 Remedail Action
If there is an Infringement Claim made to Rotativa.io against Rotativa.io service or intellectual property, Rotativa.io must promptly, after becoming aware of the Infringement Claim, at its option:
- for the Customer with whom it has privity of contract, right equivalent to those that Rotativa.io is required to grant under the current subscription contract; and:
- for Rotativa.io, the rights to supply the relevant affected Services free of any claim or liability for infringement;
b. procure for the Customer other services and deliverables equivalent to the affected Services that comply with the requirements in this Agreement for the duration of the Customer’s remaining current subscription term;
c. modify the affected Services so that they cease to infringe those rights (while still complying with the requirements of the current subscription Agreement); or
d. terminate the Customer’s service subscription agreement and provide a refund for the remaining term.
6.2 Customer Recourse
a. In addition to any other remedies the Customer may have under their subscription Agreement, if RotativaHQ has not complied with section 6.1 with respect to the contracted Services, the Customer may::
- itself, or by engaging a third party, attempt to achieve any of the outcomes described in section 6.1; or
- terminate the subscription Agreement all Services or Service Orders or any or all Service Orders or any part of the Services.
6.3 Indemnification of Intellectual Property Claims
a. Rotativa.io will indemnify the Customer (Indemnified Person) in relation to any Losses incurred in connection with an Infringement Claim brought or threatened against any of them resulting from their use of the Rotativa.io service, except to the extent that any Losses arise from the use of any part of the Services including Deliverables in breach of this clause 6.3. Rotativa.io will not be liable in any manner for claims against the Customer or any of its employees or users resulting from the content they provide or process through the Service.
b. In the event that an Infringement Claim is brought or threatened against any Indemnified Person, the Customer must (and to the extent the Customer does not, the Losses indemnified shall be reduced proportionality to the extent the relevant act would have avoided or mitigated the Loss):
- notify Rotativa.io in writing of such Infringement Claim as soon as practicable;
- consult with Rotativa.io, at Rotativa.io cost and expense, over the defense of the Infringement Claim in a timely, proper and reasonable manner; and
- take reasonable steps to mitigate its Loss (such phrase to have the same meaning as under common law as it applies to a damages claim, but interpreted to apply to this indemnity).
c. Upon receipt of notice of the Infringement Claim, Rotativa.io must:
- in the event of an infringement, do all things reasonably necessary to obtain for the Supplier (at no cost) the right to use the Service including the Deliverable in accordance with this Agreement; and
- make such modifications to the Service including the Deliverable as may be necessary to remove any infringement.
d. The Supplier agrees the Company holds the benefit of the indemnity in this clause 1.3 for itself and on trust for the Indemnified Persons and each of those persons is entitled to receive the benefit of this indemnity
7. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the state of Italy without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the court of the city of Padua, Italy.
8. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Rotativa.io and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service).
f any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
These terms may be modified at any time without notice. Such modifications become effective on the date that they are first posted. By continuing to use the site, you agree to be bound by such modifications. Please check back often. Should you not wish to be bound by the modified terms, discontinue your use of the site.
10. Electronic Consent
By using Rotativa.io, you agree to be bound by these terms. Additionally, you also consent to be bound by your electronic agreement to any additional terms and conditions by clicking “I Consent” or “I Agree” or other similarly-worded language the same as if it were a handwritten signature with full legal force and effect.
11. Entire Agreement
This agreement contains all the terms agreed to by the Rotativa.io owner and you with respect to your use of this service. It replaces and supersedes all previous discussions, understandings, and agreements.
We welcome any comment, question and communication at firstname.lastname@example.org