Webeaser License Agreement

- ENGLISH VERSION
- ITALIAN VERSION

END USER LICENSE AGREEMENT FOR WEBEASER

By checking the "I have read and accept..." box, You or the Entity or Company that you represent ("You") are unconditionally consenting to be bound by and are becoming a party to this End User License Agreement ("Agreement"). Your use of the software or service shall also constitute assent to the terms of this agreement. if you do not unconditionally agree to all of the terms of this agreement, do not check the "I have read and accept..." box and you will not have any right to use the Webeaser software or service. Acceptance of this agreement by Webeaser (“Webeaser,” “We,” or “Us”) is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; if these terms are considered an offer, acceptance is expressly limited to these terms.

Access

Subject to the terms of this Agreement and your compliance therewith, Webeaser grants to you a personal, nontransferable, nonsublicensable, nonexclusive license to use this software and the related on-line documentation (for example, the Help section) (collectively, the "Software") for your personal use only in obfuscated code form only, and only in accordance with the related on-line documentation. Webeaser shall retain all title to and ownership of the Software and all copies thereof. Webeaser reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on its website, https://www.webeaser.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Software or any Webeaser Service by you following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

Subscriptions and Expiration

Your access to the Software is granted upon completing your subscription to Webeaser. If you chose to have a Free Personal Webeaser account, your Webeaser projects will be subject to the terms of the Free Personal Webeaser account.

Restrictions

You shall not, nor shall you permit anyone else to, directly or indirectly: (i) modify, distribute, or, copy the Software; (ii) reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code or structure, sequence, and organization of the Software (except to the extent restrictions on reverse engineering are prohibited by applicable local law); or (iii) rent, lease, or use the Software or any Webeaser Service for timesharing or service bureau purposes. You shall maintain and not remove or obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies (if any) of the Software. As between the parties, all title, ownership rights, and intellectual property rights in and to the Software or any Webeaser Service, and any copies, portions, or derivatives thereof, shall remain in Webeaser and its suppliers or licensors. You understand that Webeaser may modify or discontinue offering the Software or any Webeaser Service at any time. This Agreement does not give you any rights not expressly granted herein.

Intellectual Property; Content

As a condition to your use of the Software, you represent, warrant, and covenant that you will not use the Software or any Webeaser Service: (i) to infringe or violate the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate (or encourage the violation of) any applicable law, statute, ordinance, or regulation; (iii) to disseminate, transfer or store information or materials in any form or format (your "Content") that are harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that otherwise violate any law or right of any third party; (iv) to disseminate Content that is an advertisement, solicitation, investment opportunity, or other unsolicited commercial communication; (v) to disseminate Content that is the confidential information of any third party without authorization from such third party to do so; or (vi) to disseminate any software viruses or any other computer code, files, or programs that may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or violate the security of any computer network. Further, you certify to Webeaser that if you are an individual (e.g., not a corporation), you are at least the age of majority in your jurisdiction, or you have obtained the consent of your parent or guardian to use the Webeaser Service. You also certify that you are legally permitted to use the Software and access the Content, and take full responsibility for the selection and use of the Software and access to the Content. This Agreement is void where prohibited by law, and the right to access the Software or the Webeaser Services is revoked in such jurisdictions.

Support; Equipment

This Agreement does not entitle you to any support, upgrades, patches, enhancements(collectively, "Support") for the Software. Any such Support for the Software that may be made available by Webeaser, in its sole discretion, shall become part of the Software and subject to this Agreement. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Software and the Webeaser Service, including, without limitation, modems, hardware, software, and internet service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Software and the Webeaser Service.

Warranty Disclaimer

The software and the Webeaser service is provided "as is" and Webeaser makes no warranty of any kind with regard to the software and the Webeaser service. Webeaser expressly disclaims all warranties, express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose or noninfringement. Further, Webeaser does not warrant results of use or that the software and the Webeaser service is bug-free or error-free or that its use will be uninterrupted. Webeaser does not and cannot warrant the results you may obtain by using the software and the Webeaser service. This disclaimer of warranty constitutes an essential part of this agreement. The foregoing disclaimers also apply with respect to Webeaser's contractors and agents. Some states do not allow the exclusion of implied warranties, in this case you cannot use the Webeaser service.. Further, Webeaser has no special relationship with or fiduciary duty to you. You acknowledge that Webeaser has no control over, and no duty to take any action regarding: which users gain access to the Software and the Webeaser Service; what Content you access via the Software and the Webeaser Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Webeaser from all liability for your having acquired or not acquired Content through the Software and the Webeaser Service. The Software and the Webeaser Service may contain, or enable you to access, information that some people may find offensive or inappropriate. Webeaser makes no representations concerning any Content contained in or accessed through the Software and the Webeaser Service, and Webeaser will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Software and the Webeaser Service.

Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)

Webeaser makes no guarantee regarding the confidentiality or privacy of any communication or information transmitted using the software or the Webeaser service. Webeaser will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on equipment, transmitted over networks accessed by the Software or the Webeaser Service, or otherwise connected with your use of the Software or the Webeaser Service.

Copyright Dispute and Privacy Policies

Limitation of Remedies and Damages

Under no circumstances and under no legal theory, including, but not limited to, tort, contract, negligence, strict liability, or otherwise, shall Webeaser be liable to you or any other person (i) for any indirect, special, incidental, or consequential damages of any character or (ii) for any matter beyond its reasonable control. Webeaser's liability for damages of any kind whatsoever arising out of this agreement shall be limited to $1 (U.S.), except where not permitted by applicable law, in which case Webeaser's liability shall be limited to the maximum extent permitted by such applicable law. The foregoing limitations shall apply even if Webeaser has been informed of the possibility of such damages. The foregoing limitations also apply with respect to Webeaser's contractors and agents. Some states do not allow the exclusion or limitation of incidental or consequential damages, in this case you cannot use the Webeaser service.

Indemnity

You agree that Webeaser and its partners, contractors, and agents shall have no liability whatsoever for any use you make of the Software. You shall indemnify and hold harmless Webeaser and its partners, contractors, and agents from any claims, damages, losses, liabilities, costs, and fees (including reasonable attorneys’ fees) arising from your use of the Software as well as from your failure to comply with any term of this Agreement.

Termination

This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement at any time. Your rights under this Agreement will terminate automatically without notice from Webeaser if you fail to comply with any term of this Agreement. Upon termination, the Agreement granted hereunder shall terminate and you shall immediately destroy and remove from all computers all copies of the Software, and discontinue all use of the Service, but the terms of this Agreement will otherwise remain in effect.

Server access

One of the webeaser service permits the use to connect to any server he owns and, using a webeaser script, to display server's files in the webeaser environment. This script reads, writes and deletes data/files on the server. A password security mechanism is active and Webeaser is not responsible for any hacking could occour through the script. -------------------------------------------------------------------

TERMS OF USE

1. Introduction

Your use of the Webeaser Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):

• Privacy Policy (find the link in the website footer)

• Cookie Policy (find the link in the website footer)

If you register on behalf of a business, you represent to Webeaser that you have the authority to bind that business and that your acceptance of this Agreement will be treated as acceptance by that business.

Changes and Modifications. Webeaser may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

As long as you comply with this Agreement, Webeaser grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links To Other Sites. The Service may contain links to or allow you to interact with and make use of other independent third-party websites, products or services (“Third-Party Sites, Products and Services”). Access to Third-Party Sites, Products and Services is provided solely as a convenience to our visitors. Such Third-Party Sites, Products and Services are not under Webeaser’s control and Webeaser does not necessarily endorse the content, advertising, products, services or other materials on or available from such Third-Party Sites, Products and Services. Your use of any Third-Party Sites, Products and Services may be subject to the third-party provider’s terms and conditions and privacy policy and may involve the disclosure or transfer of information from or about you to the third-party provider. You will need to make your own independent judgment regarding your use of and interaction with any Third-Party Sites, Products and Services. You acknowledge and agree that Webeaser is not responsible for the availability of any Third-Party Sites, Products and Services and that Webeaser shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with you use of or interaction with any Third-Party Sites, Products and Services.

2. Description of Service

General Description. The Webeaser Service is a content visualizer tool to create presentations, infographics, websites, aggregators, virtual desktops, application interfaces and more in a unique 3d environment and providing a seamless experience to the user. The Service lets you create your projects online and publish them on the internet with public or private access.

The Virtual Desktop 2.0 software provides users a way to access al their clouds account. Cloud's authorization process is done externally from webeaser. Webeaser does not request nor store any users cloud password/credentials. The Virtual Desktop 2.0 lets users access owned server throuh a script. The script id able to create/delete files so it it important that the access to the script is given only to webeaser. To ensure this a security mechanism has been implemente however Webeaser will take not responsability if the script is hacked ot if someone gets to use it wihtout permission. To have a complete secure mechanism with suggest to create Server Password protected areas, or to password protect the script. By accepting these terms you understand that to have the maximum level of security on your owned server, you need to put a server password. If you don't set a server password you are taking the responsability of any problem/data break that could arise.

3. Conditions of Use and User Conduct

As a condition of use, and the licenses granted to you herein, you agree to the following:

• Certain components of the Service permit or require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Webeaser immediately of any unauthorized use of your account or password, or any other breach of security. You must not knowingly allow others to use your account or password.

• You must not use the Service to harass, threaten, impersonate, or intimidate anyone.

• You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

• You must not upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.

• You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.

• You must not transmit any worms or viruses or any code of a destructive nature.

• You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).

• You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.

• You must not use the Service, or any presentation produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Webeaser for the topic and/or creator of the presentation.

• You must not share use of your account with any other person.

The Webeaser Service also allows the user to connect to its clouds. The authentication phase to access external clouds is performed outside Webeaser. Webeaser does not store any data nor passwords.

• One of the webeaser service permits the use to connect to any server he owns and, using a webeaser script, to display server's files in the webeaser environment. This script reads, writes and deletes data/files on the server. A password security mechanism is active and Webeaser is not responsible for any hacking could occour through the script. 4. Age Restrictions on Use of the Service

Users must be at least 13 years old. Users must be 13 years of age or older to use the Service. By using the Service you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Service, your Webeaser account, or otherwise interact with the Service. Webeaser will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Webeaser knows is under 13 years of age. If Webeaser discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, Webeaser will terminate the account and remove the information or other content.

Users between 13 and 18 need permission from a parent or guardian. Users between 13 and 18 years of age may utilize a Webeaser account established by their parent or legal guardian, with such parent or guardian’s approval. If you permit your child or legal ward between 13 and 18 years of age (“Child”) to use the Service, you hereby agree to these Terms of Use on behalf of both yourself and your Child. You further agree that you are solely responsible for any and all use of the Service by your Child regardless of whether such use was authorized by you.

5. Account Types

Webeaser offers a variety of user accounts. You can find out about all the types of accounts, as well as their features and pricing, on the main Webeaser website.

6. User Content & Options

6.1 GENERAL

Webeaser offers a number of ways to share, or not share, your projects with others.

When creating a Projects you can set it as Public (anyone can view it on the internet) or Private granting access only to specific Webeaser users. The Virtual Desktop 2.0 has only private access.

If you create a Public project, all of the content you create, including all of the information within your projects, and your user name will be available to anyone who has access to the internet (“Public User Content”). Public projects can be viewed by any web user, will appear in the searchable Webeaser database, and will be available for others to access and view online. Accordingly, you hereby do and shall grant to each User and to the public a worldwide, non-exclusive, revocable license to access, view and publicly perform your Public User Content. This license ends when you delete the project or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

6.2 LICENSES YOU GRANT TO WEBEASER FOR USE OF PUBLIC USER CONTENT AND PRIVATE USER CONTENT

In order to provide the Service to you in accordance with these terms, we need certain licenses from you in order for us to, e.g., host, store and display the content. For example, we need the right to publicly display/perform the work to allow us to display it on the computer monitor of any party who is not the copyright holder. We need the right to reproduce the content so that it can be saved to our servers. We need to create derivative works and modify the content, for example, when transcoding an uploaded image into a format that will work most efficiently with the Service.

With respect to User Content, you hereby do and shall grant to Webeaser (and its successors, assigns, and third party service providers) a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the content SOLELY FOR THE PURPOSE of providing you, and those with whom you have shared your projects, with the Service. This license ends when you delete your User Content or your account is closed (either by you or by us), except (i) to the extent that your User Content has been shared with others and they have not deleted it, (ii) that if you are a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your User Content for three years and (iii) that if you are not a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your User Content indefinitely.

RWebeaser makes no claim of ownership to your User Content, and obtains no rights to your content other than as provided for herein.

6.3 EXPIRATION AND REVOCABILITY OF LICENSES

Webeaser makes it easy for users with qualified accounts to change a project public/private at any time.

6.4 THIRD-PARTY CONTENT

Webeaser gives you the option, when creating or editing a project, to search for and insert third party content, such as images, into your projects. Such third party content is subject to certain license terms. For example, if you use an image that is licensed pursuant to a Creative Commons license that prohibits commercial use, you may not use the image for commercial purposes. Some license terms may limit the manner in which you are permitted to share content with others. You agree to review and comply with the license terms applicable to any third party content in a project.

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7. Payment Terms

7.1 PAYMENT FOR SUBSCRIPTION

You agree to pay the then-current fee for the account type (e.g., Free Personal, Premium, ) you have selected. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account.

7.2 CANCELLATION OF SUBSCRIPTION

Payment for subscriptions is non-refundable. If you delete your account before the end of the term for which you paid, your cancellation will take effect immediately. In either case (cancellation or deletion), you will not be given any refund.

7.4 TERMINATION

If your payment method is invalid or rejected for any reason your paid Webeaser account will revert to the Free Personal Webeaser account version and will be subject to the limitations of a Free Personal Webeaser account; provided, however, that Webeaser reserves the right to cancel your account entirely in such case.

Webeaser further reserves the right to cancel, or revert to Free Personal Webeaser account status, the account of any user who attempts to fraudulently obtain Webeaser alternative pricing not appliable to him.

8. Intellectual Property Infringement, Warranties

If you believe that Webeaser, or any user of the Service, has violated a copyright, trademark or other right you claim in your work, please contact at info@webeaser.com.

When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you upload, transmit, publish and disseminate through the Service, (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Webeaser the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate the copyright, trademark, or other intellectual property rights of any third party; and (c) you have the consent, release, and/or permission of each identifiable person depicted in your User Content to upload, transmit, publish, and/or disseminate their name and/or likeness through the Service.

9. Webeaser’s Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Webeaser Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Webeaser Content, contained on the Service is owned, controlled, or licensed by or to Webeaser, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or our Trademark and Brand Usage Policy, or otherwise permitted by law, no Webeaser Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Webeaser’s express prior written consent.

10. Termination; Breach of this Agreement

You agree that Webeaser may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Webeaser’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties. Webeaser will grant you a pro rata refund of any subscription fees only in case Webeaser terminates your account without cause.

If Webeaser takes any legal action against you as a result of your breach of this Agreement, Webeaser will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Webeaser.

11. Disclaimer of Warranties

While Webeaser attempts to make User Content available through the Service, Webeaser does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Webeaser will not be liable to you or to any third party for termination of your access to the Service for any reason.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WEBEASER AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “WEBEASER AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WEBEASER AND THE WEBEASER AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBEASER, THE WEBEASER AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

WEBEASER IS NOT RESPONSIBLE FOR ANY PROBLEM OR BUG THAT MAY OCCOUR ON A PROJECT:

12. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEBEASER AND THE WEBEASER AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT WEBEASER MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WEBEASER, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT WEBEASER AND THE WEBEASER AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

13. Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN THIS CASES YOU CANNOT USE WEBEASER.

14. Please Review Presentations For Appropriate Content Before Use

Webeaser has not reviewed the presentations featured on the Service to determine whether they are suitable or appropriate for your intended audience. Before using any of the presentations featured on the Service, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Webeaser is not responsible for the content of any presentations on the Service. If you find any content on the Service that you believe is objectionable, or that violates Webeaser’s terms of use or conduct guidelines, please feel free to notify us at info@webeaser.com.

15. Indemnification

You agree to indemnify and hold Webeaser and/or the Webeaser Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Webeaser and/or the Webeaser Affiliates in connection with any claim arising out of your breach of the Agreement. Webeaser reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

16. General Terms

Entire Agreement. This Agreement is the whole legal agreement between you and Webeaser. It governs your use of the Service and completely replaces any prior agreements between you and Webeaser with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Webeaser.

Governing Law. The laws of ITALY, will apply to any disputes arising out of or relating to these terms or the Webeaser Service.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Webeaser does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Webeaser may assign or delegate some or all of its rights and obligations under this Agreement.

17. How to contact us.

You may contact us by visiting: https://www.webeaser.com or by sending an email to info@webeaser.com