Terms of Use

Acceptance of terms

Pragma di Bruno Cancellieri ("PRAGMA") provides its OnlineNotes service to you subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time from this web site.

Description of service

PRAGMA provides users with access to a collection of information resources hereafter referred to as the "Service". You understand and agree that the Service may include advertisements and that these advertisements may be necessary for PRAGMA to provide the Service. You also understand and agree that the Service may include certain communications from PRAGMA, such as service announcements, administrative messages and a newsletter, and that these communications are considered part of OnlineNotes membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that PRAGMA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, communications or personalization settings.

User obligations

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form  and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PRAGMA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PRAGMA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). PRAGMA is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must monitor said service and is responsible for all such activities. You agree to abide by these terms of service and this service will not be used or the user will not permit others to use the Service through their account in any way that violates any law or regulation, subjects PRAGMA to liability, or violates the TOU including but not limited to, publishing, posting, distributing, or disseminating any defamatory, obscene, libelous, slanderous, or other unlawful material or information. PRAGMA reserves the right to verify the accuracy of the information you submit in connection with your registration for PRAGMA Services and you hereby consent to PRAGMA verification of such information.

PRAGMA Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.OnlineNotes/about/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to any country for storage, processing and use by PRAGMA.

Member access credentials

You will choose a password and a user name upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PRAGMA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PRAGMA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Member conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not PRAGMA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. PRAGMA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PRAGMA be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:

1. 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;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a PRAGMA official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. "stalk" or otherwise harass another; and/or
11. collect or store personal data about other users in connection with the prohibited conduct and activities set forth as described above.

You acknowledge that PRAGMA may or may not pre-screen Content, but that PRAGMA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, PRAGMA and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PRAGMA or submitted to PRAGMA, and in all other parts of the Service. You acknowledge, consent and agree that PRAGMA may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of PRAGMA, its users and the public. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Indemnity

You agree to indemnify and hold PRAGMA harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

General practices regarding use and storage

You acknowledge that PRAGMA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on PRAGMA's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that PRAGMA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that PRAGMA reserves the right to log off accounts that are inactive for an extended period of time.

Modifications to service

PRAGMA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PRAGMA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that PRAGMA may, under certain circumstances and without prior notice, immediately terminate your PRAGMA account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your PRAGMA account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in PRAGMA's sole discretion and that PRAGMA shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. You may cancel your PRAGMA by sending a request via the "contact" page.

Dealings with advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PRAGMA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PRAGMA has no control over such sites and resources, you acknowledge and agree that PRAGMA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PRAGMA 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

PRAGMA's proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PRAGMA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. PRAGMA grants you a personal, non-transferable and non-exclusive right and license to use the HTML and Javascript code of its Software provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software.

Disclaimer of warranties

You expressly understand and agree that:

1. your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. PRAGMA expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. PRAGMA make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
3. any material 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 or loss of data that results from the download of any such material.
4. no advice or information, whether oral or written, obtained by you from PRAGMA or through or from the service shall create any warranty not expressly stated in the TOU.

Limitation of liability

You expressly understand and agree that PRAGMA shall not be liable to you 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 PRAGMA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Notice

PRAGMA may provide you with notices, including those regarding changes to the TOU by either email, regular mail, or postings on the Service.

Trademarks and intellectual properties information

Without PRAGMA's prior permission, you agree not to display or use in any manner, the logos, marks and scripts contained with PRAGMA. PRAGMA respects the intellectual property of others, and we ask our users to do the same. PRAGMA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.

General information

Entire Agreement. The TOU constitutes the entire agreement between you and PRAGMA and governs your use of the Service, superseding any prior agreements between you and PRAGMA with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PRAGMA services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOU and the relationship between you and PRAGMA shall be governed by the laws of the Republic of Italy without regard to its conflict of law provisions. You and PRAGMA agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Rome, Italy.

Waiver and Severability of Terms. The failure of PRAGMA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.