Last modified 06 May 2013
This is a legal agreement (“AGREEMENT”) between the customer (YOU) and JAMAIN SOCIAL AND SERVICES SRL (the COMPANY) regarding the use of JAMAIN platform (the SERVICES).
BY ACCESSING AND/OR USING THE SERVICES, YOU AGREE, 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 SERVICES).
Violation of any of the terms in this AGREEMENT will result in the termination of your Account and workspaces. While the COMPANY prohibits such conduct and Content on the SERVICES, you understand and agree that the COMPANY cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the SERVICE at your own risk.
The COMPANY reserves the right to update and change the Terms of Service any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time at: worklife.co/about/en/legal
JAMAIN is a web-based application available at worklife.co and other URLs under worklife.co Internet domain.
We intend as “the SERVICE”:
For a proper understanding this TOS you confirm to be familiar with the following terms that refers to specific functions of the service.
Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis.
Services plans are based on workspaces licenses. There are free licenses (also named as free service, it is normally the default license for a new account or workspace) and paid licenses (that you can optionally buy to extend your workspaces limits). If you own or manage several workspaces in the platform you can also consider buying one or more subscriptions (being a subscription a collection of paid licenses).
Plans and pricing for paid licenses and subscriptions (paid services) are available in the web platform and normally depends on specific limits of use (based on new significant records per month) for a specific duration.
Paid services are subject to the following:
The COMPANY reserves the right to modify plans and pricing at any time for any reason with or without notice. Such notice may be provided at any time by posting the changes the platform. Changes have immediate application on free services and are applied at the first renewal/upgrade in case of paid services.
Payment shall be made automatically by charges assessed against the Customer’s credit card or by other designated payment method, as noted on services itself or as otherwise instructed by the COMPANY from time to time.
All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
You agree that:
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
You are solely responsible for the proper cancellation of workspaces you own (sharing users are not allowed to delete the shared workspace). Deleting your personal workspace will also result in your account to be cancelled. After the ending of beta testing period (1 July 2013) you will have the possibility to delete the workspaces you own by using the workspace panel.
There will be no refund if you cancel the Service before the end of your current, paid-up service.
There is no cancellation fee. Cancellation causes immediate disabling of the workspaces public pages. All of your content will be deleted from the platform within 7 days from request.
The COMPANY may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
You acknowledge that the COMPANY owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Italian and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
The COMPAMNY claims no intellectual property rights over the material you provide to the Service. You shall retain all intellectual property rights to Uploaded Data stored on the Service.
The COMPANY does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that the COMPANY 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 the COMPANY has been advised of the possibility of such damages), resulting from your usage of the Service.
In no event shall the COMPANY be liable for any direct or indirect damage to the customer related to this agreement (loss of data, data disclosure, loss of income, loss of opportunity or any other damage) however caused and based on any theory of liability, and including but not limited to breach of contract, tort (including negligence) or any other. To the extent permitted by applicable law, the COMPANY will not be charged of any liability.
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 labour disputes; governmental decrees; and any other cause beyond the reasonable control of a Party.
The above-mentioned COMPANY, contracting entity under this Agreement, is JAMAIN SOCIAL AND SERVICES SRL VAT IT07990800968, 20124 Milan ITALY. Any notices should be sent to the address mentioned above. This Agreement is governed by the laws of the State of Italy without regard to conflicts of laws. The courts having exclusive jurisdiction over matters pertaining to this Agreement is “Tribunale di Milano, Italia”.
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact the COMPANY at firstname.lastname@example.org.