Jamio cloud platform lowcode nocode
TRIAL JAMIO

JAMIO.COM TERMS AND CONDITIONS OF USE

1. Generalities

 

The terms and conditions of use set forth in this document (hereinafter Terms) apply to the Jamio openwork Internet site accessible at www.jamio.com and the linked Internet sites accessible at instruments.jam io.com and players.jamio.com (hereinafter collectively referred to as the Site).

The Site, owned by Openwork srl, based in Bari-Italy at via M. Partipilo 38, P.IVA 05252520720 (hereinafter referred to as Openwork), provides online information services related to the Jamio openwork platform (hereinafter referred to as Services).

Constitutes an integral and substantive part of the Conditions, for all legal purposes, the Intellectual Property Policy Openwork.

By using the Services, you agree to the Terms. If you do not agree you are asked not to use the Services or download any materials from them.

 

2. Definitions

 

Where named in the Conditions, the terms below shall have the meanings set forth below for the purposes of the Conditions.

User: the natural person who uses the Services.
Data: the User's contact details, possibly provided by the User to Openwork during the use of the Services or during registration.
Login Credentials: username and password to access a software system.
Registered User: User in possession of Access Credentials to use the Services.
PaaS: acronym for Platform As A Service, software platform delivered as a service.
Support forum: Service for aggregating and sharing information provided by users of the Jamio openwork PaaS.
IP Rights: any and all rights, current and future, at the Italian, EU or international level, arising from a patent, trademark, utility model, design, copyright, software, trade secrets, images or other identifying marks, moral rights and other related rights or any other industrial and/or intellectual property right, including also the right to one's name, personal image and confidentiality of one's personal data.
Openwork Intellectual Property Policy: the document drafted by Openwork, published at http://www.openworkbpm.com/policy-proprieta-intellettuale-openwork, in which are contained the obligations of Users regarding the protection of IP Rights owned by Openwork, as well as the faculties that can be acted upon, in this regard, by Openwork itself.
24/7/365: acronym for the provision of a service done seamlessly 24 hours a day, seven days a week, 365 days a year.
Party: indistinctly identifies Openwork or the User.
Third Party Request: means a request by qualified third parties for Data. Third Party Requests may include search warrants, court orders, subpoenas, or any other request for which there is no written consent from the User allowing disclosure.

 

3. Subject

 

The Terms govern how the Service is used and accessed.

 

4. Characteristics of services

 

4.1. Registration. Registration for the Services provides access to non-public information. The User will always have the option to cancel their registration to the Services. Openwork reserves the right to cancel the registration of a registered User who violates the Terms.

4.2. Fees. The use of the Services is free of charge.

4.3. Suspension. Openwork reserves the right to suspend the Services in whole or in part without giving any notice.

4.4. Support Forum. Anyone can read discussions while only registered Users can reply to already opened discussions or open new ones. The author of a new question automatically receives notification, to the email address specified during registration, of replies posted by other users. Registered users can choose to follow any discussion in the Forum and receive notification of posted responses. The Forum is not monitored 24/7/365.

 

5. Usage policy

 

5.1. Inappropriate Use. The User is prohibited from using the Service inappropriately. For example, the User must not perform or attempt to perform the following activities:

  • - Send, publish, transmit information that:
  • - conflict with or violate IP Rights, trade secrets, trademarks, patents or other property rights of third parties;
  • - contain offensive content;
  • - contain viruses, worms, Trojan horses or, otherwise, other contaminating or destructive features;
  • - damage, violate or attempt to violate the secrecy of correspondence and the right to confidentiality;
  • - Are false, misleading or deceptive;
  • - Send unsolicited communications, promotions or advertisements or spam;
  • - Send information that is altered, misleading, or has false source identification, including "spoofing" or "phishing."
  • - Promote or advertise products or services other than those you own without the relevant permissions;
  • - Collecting or using e-mail addresses, names, or other identifiers without the consent of the person concerned (including, without limitation, spamming, phishing, Internet scams, password theft, spidering);
  • - Collect or use third party information without the consent of the owner of the information;
  • - Unauthorized access to or use of data, systems, or networks, including any attempt to probe, examine, or test their vulnerability;
  • - Accessing, tampering with, or using non-public areas or parts of the Services or shared areas of the Services to which it has not been authorized;
  • - To engage in activities that result in interference with the use of the Services;
  • - Interfere with or tamper with any User, host or network, such as by sending viruses or spam, overloading or using flooding and mail-bombing techniques in any part of the Services;
  • - Access or search the Services through means other than publicly supported interfaces (e.g., by "scraping");
  • - Use automated systems or other means to create a large number of registered Users or to access the Services by means other than the official interface;
  • - Offer information to the public (textual or graphic) that is harmful to Openwork's image;
  • - Which in any case are contrary to the applicable statutory and/or regulatory provisions.

5.2. Vulnerability Testing. You shall not in any way attempt to probe, examine, penetrate or test the vulnerability of the Services or to breach the security of the Services or related authentication procedures, whether by passive or invasive techniques, without the express written consent of Openwork.

5.3. Offensive Content It is prohibited to send, post, transmit, through the Service, content that Openwork reasonably believes:

  • - constitute, depict, favor, promote, or refer in any way to pedophilia to racism, bigotry, terrorism, or pornography content that is not included in compliance with relevant regulations and accessible only to persons of age;
  • - be excessively violent, incite violence, contain threats, harassment or hate speech;
  • - be unfair or deceptive in relation to any jurisdiction's consumer protection laws, including chain letters and pyramid schemes;
  • - Be defamatory or violate a person's privacy;
  • - create a risk to personal safety or health, a risk to public safety or public health, compromise national security, or interfere with investigations by the Judicial Authority;
  • - Improperly disclose trade secrets or other confidential or proprietary information of third parties;
  • - Have the purpose of helping third parties circumvent copyright rights;
  • - Infringe third party's copyright, trademarks, patents or other property right of others;
  • - promote illegal drugs, violate export control laws, relate to illegal gambling or illegal arms trafficking;
  • - be otherwise illegal or solicit conduct that is illegal under the laws applicable in the relevant jurisdiction, of the User or Openwork;
  • - be otherwise harmful, fraudulent, or could lead to legal action against Openwork;
  • Have defamatory, libelous or threatening content;

5.4 Copyrighted Material It is prohibited to use the Services to download, publish, distribute, copy, or use in any way any copyrighted work of text, music, software, art, image, or otherwise protected by copyright except:

  • - Has been expressly authorized by the right holder;
  • - is otherwise permitted by current copyright laws in the relevant jurisdiction.

5.5. Copyrighted Material The responsibility for any content posted by Registered Users rests solely with them. The fact that a content is conveyed through the Servizo does not mean that Openwork has approved this content and verified its accuracy, completeness or usefulness.

5.6. The User is prohibited from:

  • - register for the Services if under the age of 13 or the minimum age in the relevant jurisdiction.
  • - decode the Services or reverse engineer the Services, and attempt or assist anyone to do so unless such restriction is prohibited by law.

Content "posted" or "transmitted" through the Service means any type of information.

 

 

6. Links

 

Openwork assumes no responsibility for materials created or published by third parties with which the Services have a link. Those who decide to visit a site linked to the Services do so at their own risk, assuming the burden of taking all necessary measures against viruses or other destructive elements. Linking to other sites does not imply that Openwork sponsors or is affiliated with the entities performing the services described on those sites.

 

7. Obligations of the user

 

7.1. Compliance. You hold Openwork harmless and agree that you are solely responsible for your use of the Services and agree to use it in accordance with the Terms.

7.2. Identity. The registered User also warrants, under his or her own personal and exclusive responsibility, that the data provided during registration are correct, up-to-date and true, and that they allow for the identification of his or her true identity. The User undertakes to notify Openwork of any change in the data provided, and also to provide at any time, upon request by Openwork, adequate proof of his or her identity.

 

8. Intellectual property rights

 

The User declares that he/she has read and fully accepts the provisions contained in the attached document Openwork Intellectual Property Policy subject to the possibility of storing on his/her computer or printing extracts of the pages of the Services solely for personal use.

 

9. Indemnity clause

 

9.1. User's Obligation. User indemnifies Openwork and agrees that it is solely responsible for the use of the Services and agrees to use it in accordance with the provisions of the Terms. User agrees to indemnify, hold harmless and hold Openwork harmless from any prejudicial consequences or claims of third parties, from all losses, damages, liabilities, costs, charges and expenses, including attorneys' fees, which may be incurred or suffered by Openwork arising out of a third party claim against Openwork or its affiliates concerning User's use of the Services in violation of these Terms.

9.2. Dispute Management. Openwork will promptly notify User of the claim and cooperate with User in the defense thereof. The User will have complete control over and assume responsibility for the defense unless (a) any settlement, involving an admission of liability by Openwork, requires prior written consent, which may not be withheld or delayed without cause, and (b) Openwork wishes to participate in the defense with its own counsel and at its own expense.
10. Disclaimer.

 

10. Disclaimer statement

 

Openwork does not warrant that the Services are free from defects or errors and disclaims all warranties of any kind, implied, express, statutory, or otherwise.

 

 

11. Limitation of liability

 

11.1 Limitation of Indirect Liability. To the maximum extent permitted by law, with the exception of Openwork 's obligations to hold Openwork harmless (provided for in Art. 9.1 of the Openwork Intellectual Property Policy) or by theUser (set forth in Section 12.1), neither theUser nor Openwork shall be liable under the Terms for (a) indirect, special, incidental, consequential, exemplary or punitive damages or (b) loss of use, data, management, revenue or profits (direct or indirect in either case), even if the Party knew or should have known that such damages could occur and even if the damages are not satisfactorily remedied.

11.2. Limitation of Amount of Liability. Any indemnification or compensation to the User for direct or indirect damages of any nature or kind arising from the use of the Services is hereby expressly excluded.

 

12. Disputes

 

12.1. Informal Resolution. It is Openwork 's intention to address problems without resorting to legal action. TheUser agrees to attempt to resolve the dispute by contacting Openwork through the notification procedures described in Section 17.4. If the dispute is not resolved within thirty (30) days of notification, either theUser or Openwork may file suit.

12.2. Arbitration Clause. The User agrees to resolve any claim regarding the use of the Services by final and binding arbitration except as provided below. The Chamber of Arbitration and Mediation of the Bari Chamber of Commerce will handle arbitration pursuant to the Rules of Arbitration Procedure established by it.

12.3 Exceptions to the Arbitration Clause. User and Openwork may bring suit in the Court of Bari, without first initiating the informal dispute notification process described above, solely for injunctive proceedings for the purpose of stopping unauthorized use or abuse of the Services or infringement of IP Rights. The User agrees to such venue and jurisdiction.

 

13. Confidentiality

 

The User and Openwork mutually agree to treat as confidential any data or information known or handled in connection with activities to perform the Services.

 

14. Changes

 

Openwork reserves the right to periodically update the Services and to periodically change the Terms and the Openwork Intellectual Property Policy.

 

15. Safeguard clause

 

In the event that one or more of the provisions contained in the Terms are deemed, for any reason, to be illegal, invalid, and unenforceable, except in those cases where the removal or elimination of such illegal, invalid, and unenforceable provisions would prevent compliance with the Terms, the legality, validity, and enforceability of the remaining provisions contained in the Terms shall remain unaffected, and the Terms shall be construed as if such illegal, invalid, or unenforceable provisions had never been contained in the Terms. Unenforceable provisions shall be modified to reflect the intent of the Parties and only to the extent necessary to make them enforceable.

 

16. Miscellaneous

 

16.1. Applicable Law. The Conditions shall be governed exclusively by the laws of the Republic of Italy.

16.2 Waiver. A waiver of any clause does not imply a waiver of the remaining clauses.

16.3 Notifications. Notifications to Openwork shall be sent by PEC, to openwork@pec.it, and shall be deemed delivered upon their receipt. Notifications to the Registered User, unless otherwise specified, shall be sent to the Registered User's email address and shall be considered as delivered upon their sending.

16.4 Jurisdiction. For any dispute related to the Conditions, the Court of Bari shall have exclusive jurisdiction.

 

 

Last modified: June 1, 2016
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