The following describes the terms on which Buongiorno S.p.A, a company of NTT DOCOMO GROUP offers you access to our site, services and programs. By using B-Ventures site (the “Site”), services, programs and tools you agree to the following terms and conditions and the general principle of the Site. Some B-Ventures programs shall have additional or other terms or agreements and, in order to participate, you should subscribe and accept them. This terms and conditions are effective from 09/07/2013 and supersedes all eventual previous versions. Buongiorno may amend the terms and conditions at any time by posting a revised version on our Site. The revised version will be effective at the time Buongiorno posts it. The Site may contain links to third party websites that are not owned or controlled by Buongiorno. Buongiorno has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Buongiorno will not and cannot edit the content of any third-party site. By using the Site, you expressly relieve Buongiorno from any and all liability arising from your use of any third-party website. Accordingly, Buongiorno encourages you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit. B-ventures Account In order to access some features of the Site or to participate to any B-Ventures program , you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Buongiorno immediately of any breach of security or unauthorized use of your account. Although Buongiorno will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Buongiorno or others due to such unauthorized use. General Use of the Site—Permissions and Restrictions Buongiorno hereby grants you permission to access and use the Site as set forth in these terms & conditions , provided that: A. You agree not to distribute in any medium any part of the Site or the contents of the Site without Buongiorno's prior written authorization, unless Buongiorno makes available the means for such distribution through functionality offered by the Site B. You agree not to alter or modify any part of the Site. C. You agree not to use the Site or any contents of the Sites for any of the following commercial uses unless you obtain Buongiorno's prior written approval: the sale of access to the Site; the sale of advertising, sponsorships, or promotions placed on or within the Site. D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Buongiorno servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments, email) for any commercial solicitation purposes. E. In your use of the Site, you will comply with all applicable laws. F. Buongiorno reserves the right to discontinue any aspect of the Site at any time. Your Use of contents of the Site In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of any contents of the Site: A. The content on the Site, and the trademarks, service marks and logos on the Sites, are owned by or licensed to Buongiorno, subject to copyright and other intellectual property rights under the Italian law. B. You may access contents of the Sites for your information and personal use solely as intended through the provided functionality of the Site and as permitted under these terms and conditions. You shall not download any content unless you see a “download” or similar link displayed by Buongiorno on the Site. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content of the Site for any other purposes without the prior written consent of Buongiorno. C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or enforce limitations on use of the Site or the contents therein. User Contents In order to apply to any b-ventures programs you may submit content, ideas and materials (“User Content”) to Buongiorno. You shall be solely responsible for your own User Content and the consequences of submitting your Content to Buongiorno. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit Users Content and you license to Buongiorno the use of the patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for the purpose and scope indicated in the program you are interested in or you are applying for. For clarity, you retain all of your ownership rights in your User Content. However, by submitting User Content to Buongiorno, you hereby grant Buongiorno a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use User Content as indicated in the program . You further agree that User Content you submit to Buongiorno will not contain third party copyrighted material, or material that is subject to other third party proprietary rights or other confidentiality and exclusivity rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to submit the material and to grant Buongiorno all of the license rights granted herein. You further agree that you will not submit to Buongiorno any User Content that is contrary to applicable local, national, and international laws and regulations. Furthermore, you agree that you will not submit to Buongiorno any User Content breaching a confidential or exclusivity obligation towards third parties (similar programs and/or investors) making incompatible your access to Buongiorno program. You further declare to accept the Buongiorno Code of Conduct you can read http://www.buongiorno.com/imgproc/Co/de/+o/f+/Co/nd/uc/t/previewpdf/Code+of+Conduct.pdf . at Buongiorno expressly disclaims any and all liability in connection with User Contents. Buongiorno does not permit copyright infringing activities and infringement of intellectual property rights and will not consider any User Content if properly notified that such User Content infringes on another's intellectual property rights. Termination Policy Buongiorno will terminate a user's access to the Site if, under appropriate circumstances, the user is determined to infringe the present terms and conditions or any applicable local, national, and international laws and regulations. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BUONGIORNO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. BUONGIORNO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PART. BUONGIORNO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SITE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BUONGIORNO WILL NOT BE A PARTY TO. Limitation of Liability IN NO EVENT SHALL BUONGIORNO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Site is controlled and offered by Buongiorno from its facilities in Italy. Buongiorno makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Indemnity To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Buongiorno, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these terms and conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these terms and conditions and your use of the Site. Ability to Accept Terms and Conditions You confirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in thes and to abide by and comply with these terms and conditions. Assignment These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Buongiorno without restriction. General These terms and conditions shall be governed by the internal substantive laws of Italy, without respect to its conflict of laws principles. Any claim or dispute between you and Buongiorno that arises in whole or in part from the Site or any service or program of the Site shall be decided exclusively by a court of competent jurisdiction located in Milan, Italy. These terms and conditions, together with the Privacy Notice at http://bventures.it/policy.pdf and any other legal notices published by Buongiorno on the Site, shall constitute the entire agreement between you and Buongiorno concerning the Site. Some b-ventures programs shall have additional or other terms or agreements and, in order to participate, you should subscribe and accept them If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of this these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Buongiorno's failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. Buongiorno reserves the right to amend these terms and conditions at any time and without notice. The revised version will be effective at the time Buongiorno posts it on the Site. Your use of the Site following any amendment of these terms and conditions will signify your assent to and acceptance of its revised terms.
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