The Glomera Services

Welcome to www.glomera.com the innovative platform for the creation and management of your own webTV and for distributing and receiving video, audio, and other content (hereinafter the “Glomera Services”).

The Glomera Services are provided by Glomera Srl, an Italian company with registered offices in Turin (Italy), Via Cardinal Massaia 83, VAT nr. 09734990014 (hereinafter “Glomera”)

In order to access and register to the Glomera Services YOU MUST BE MAJOR OF AGE. If you are accessing and registering to the Glomera Services on behalf of a business YOU MUST HAVE THE AUTORITHY TO BIND THAT BUSINESS.

By clicking on the “I agree“ button at the end of the registration process, you agree to be bound by these General Terms and Conditions of Use of the Glomera Services.

General Terms and Conditions of Use
of
the Glomera Services.

1. The Glomera Services
1.1 By accepting these General Terms and Conditions of Use of the Glomera Services and fulfilling all the relevant steps of the registration procedure Glomera will provide the subscriber to the Glomera Services (hereinafter the “Subscriber”) with the Glomera Services better described under the page FAQ .

1.2 Upon completion of the registration process the Subscriber will have access to the Subscriber’s own area on the Glomera site (the “Client Area”) where the Subscriber will find all instruments and tools inabling the Subscriber to set up the Subscriber’s own webTV channel.

1.3 Glomera reserves the right, at Glomera’s own discretion, to change, modify, add, or remove portions of these General Terms and Conditions of Use at any time by posting the amended version of these General Terms and Conditions of Use under the page Amended (the “Amended Terms”). A thirty (30) days advanced alert on the Client Area pages will notify the Subscriver that, unless differently stated the Amended Terms or fees will automatically be effective thirty (30) days after they are initially posted. The Subscriber’s continued use of the Glomera Services after the expiry of the 30-day term above shall constitute the Subscriber’s binding acceptance of any such Amended Terms.

1.4 When using the Glomera Services, the Subscriber shall be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the “Additional Policies“). All such Additional Policies shall be deemed hereby incorporated by reference into these General Terms and Conditions of Use. In the case of any inconsistency between these General Terms and Conditions of Use and any other document that has been incorporated by reference herein, these General Terms and Conditions of Use shall control.

1.5 Embeddable player. Glomera provides an embeddable player feature on the Glomera Services. Subject to these General Terms and Conditions of Use and to the relevant Additional Policies applicable thereto from time to time, Glomera hereby grants the Subscriber a limited, non-exclusive, freely revocable license to incorporate such embeddable player into the Subscriber’s own personal websites, provided that the subscriber includes a prominent link back to the Glomera Services on the pages containing the embeddable player. The Subscriber’s hereby represents and warrants that the Subscriber shall not circumvent, disable or otherwise interfere with security related features of the embeddable player or features that prevent or restrict use or copying of any material and/or content distributed by Glomera through such embeddable player or enforce limitations on use of the embeddable player and/or the material and/or content therein.

1.6 Search functionalities. The Glomera Services has certain functionalities to search for and incorporate video and other content available on third party websites unrelated to Glomera (the “Search Function“). Glomera has not responsibility for any content found on such third-party sites and used and/or displayed by the Subscriber by any means whatsoever through the Glomera Services, and Glomera does not review, clear, or approve any such content. It is the Subscriber’s sole responsibility to comply with any applicable terms and conditions of the third-party website operators when using such content.


2. Registration, Passwords

2.1 Upon completion of the registration process and in order to access the Client Area, the Subscriber will be provided with an user name (the “ID”) and an access personal password (the “APP”). The ID and APP are personal, can not be used from two or more locations at the same time and the Subscriber will not be entitled to transfer or assign them to any third party whatsoever. The Subscriber shall be liable vis-à-vis Glomera and any third parties for any and all actions, transactions and/or facts occurred and/or executed under the Subscriber’s ID and APP. Therefore the Subscriber shall preserve the confidentiality and secrecy of the Subscriber’s ID and APP and shall inform Glomera forthwith of any unauthorized use or loss of them.

2.2 Without limiting anything in these General Terms and Conditions of Use, Glomera will not be responsible or liable, directly or indirectly, in any way and under any theory of liability WHATSOEVER for any loss or damage of any kind whatsoever occurred as a result of, or in connection with, the Subscriber’s failure to comply with this Section 2.

2.3 Glomera in its own discretion shall be free to prevent the Subscriber’s access to the Subscriber’s own Client Area and/or disconnect the operativity of the Subscriber’s ID and APP without notice, should Glomera deem that a substantial breach of these General Terms and Condition of Use and namely of this section 2 be in place, or should the Subscriber make an illegal or unfair use of the Glomera Services.


3. Client Area and Content Uploading

3.1 By accessing the Subscriber’s Client Area, in accordance with the Additional Policies applicable from time to time to the specific offer of the Glomera Services chosen by the Subscriber, the Subscriber shall be free to create, upload and/or display audiovisual content, written works posted on message boards, chat and blogs, and any other content, including without limitation, videos, music, images, and text (collectively, “Subscriber Content“).

3.2 Once submitted to Glomera and/or uploaded onto the Client Area the Subscriber Content shall not be assigned, sold, transferred to any third party whatsoever unless through the Glomera Services.

3.3 The Subscriber shall retain all the Subscriber’s intellectual property rights in and to the Subscriber Content. However, by submitting the Subscriber Content to Glomera and uploading the Subscriber Content onto the Client Area, the Subscriber hereby undertakes, acknowledges and agrees to :

3.3.(i) grant Glomera a perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, sub-licensable through multiple tiers and freely transferable license to copy, display, perform, use, reproduce, distribute, publish, create derivative works of, sell, edit, transmit, make available to the public, translate and howsoever exploit, either directly or indirectly, as a whole or in part, by any means whether currently known or in existance in the future the Subscriber Content in connection with the Glomera Services and the Glomera business, including without limitation for promoting and redistributing the Subscriber Content or part of or all of the Glomera Services (and derivative works thereof) in any media formats, media channels or medium now or hereafter in existence. For the avoidance of doubt, the foregoing license includes, but is not limited to, the most ample rights to exploit the Subscriber Content in proximity with or in connection with any third party content; and

3.3.(ii) grant each user of the Glomera Services a non-exclusive license to access the Subscriber Content through the Glomera Services, and to copy, use, reproduce, distribute, publish, prepare derivative works of, display, transmit, make available to the public, translate and/or perform such Subscriber Content solely as permitted through the functionality of the Glomera Services and under these General Terms and Conditions of Use.

3.4 The Subscriber shall be solely responsible for all of the Subscriber Content and shall bear all liabilities connected to the posting or publishing it onto the Client Area and the Subscriber hereby acknowledges and represents that the Glomera Services are merely providing the Subscriber the means to produce and distribute the Subscriber Content. As a result, the Subscriber hereby affirms, represents and warrants that:

3.4.(i) the Subscriber is the original legitimate author and/or creator and/or owner of or has previously obtained any and all the necessary licenses, rights, consents, approvals and/or permissions to use, license and authorize Glomera and Glomera's users to use and distribute the Subscriber Content as necessary to exercise the rights and licenses granted by the Subscriber in pursuance to these General Terms and Conditions to Use and in the manner herein contemplated by Glomera;

3.4.(ii) The Subscriber Content does not and will not at any time: (a) infringe, violate, or misappropriate any third-party rights, including without limitation any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other rights of any person or entity whatsoever; and

3.4.(iii) The Subscriber Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Glomera Services.


3.5 THE SUBSCRIBER HEREBY REPRESENTS AND WARRANTS WITH AND TO GLOMERA THAT THE SUBSCRIBER SHALL NOT NOR SHALL THE SUBSCRIBER LET AND/OR ENABLE ANY THIRD PARTY TO:
(i) UPLOAD TO OR CREATE ON THE CLIENT AREA ANY SUBSCRIBER CONTENT THAT VIOLATES ANY LAW, REGULATION, TREATY OR THIRD PARTY RIGHT (INCLUDING, WITHOUT LIMITATION, TRADE SECRET, INTELLECTUAL PROPERTY, PRIVACY, OR PUBLICITY RIGHTS);
(ii) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE GLOMERA OR ANY THIRD PARTY;
(iii)POST, UPLOAD TO, OR CREATE ANY SUBSCRIBER CONTENT THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, PORNOGRAPHIC, VULGAR, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO ANY KIND OF LIABILITY WHATSOEVER, VIOLATE ANY LAW, OR, IN GLOMERA. SOLE DISCRETION, IS OTHERWISE INAPPROPRIATE;
(iv)POST ADVERTISEMENTS OR SOLICITATIONS OF BUSINESS;
(v)IMPERSONATE ANOTHER PERSON OR ENTITY, WHETHER ACTUAL OR FICTITIOUS, FALSELY CLAIM AN AFFILIATION WITH ANY PERSON OR ENTITY, OR ACCESS THE GLOMERA SERVICES ACCOUNTS OF OTHERS WITHOUT PERMISSION, MISREPRESENT THE SOURCE, IDENTITY, OR CONTENT OF INFORMATION TRANSMITTED VIA THE GLOMERA SERVICES, OR PERFORM ANY OTHER SIMILAR FRAUDULENT ACTIVITY;
(vi) USE THE GLOMERA SERVICES FOR ANY PURPOSE OTHER THAN TO ACCESS THE GLOMERA SERVICES AS SUCH SERVICES ARE OFFERED BY GLOMERA;
(vii) CIRCUMVENT, DISABLE OR OTHERWISE INTERFERE WITH SECURITY-RELATED FEATURES OF THE GLOMERA SERVICES OR FEATURES THAT PREVENT, LIMIT OR RESTRICT USE OR COPYING OF ANY MATERIALS OF ANOTHER USER’S CONTENT;
(viii) RENT, LEASE, LOAN, SELL, RESELL, SUBLICENSE, DISTRIBUTE OR OTHEWISE TRANSFER THE LICENSES GRANTED HEREIN;
(ix) DELETE INDICATIONS OR NOTICES REGARDING THE COPYRIGHT OR OTHER PROPRIETARY RIGHTS ON THE GLOMERA SERVICES OR ANY THIRD PARTY CONTENT;
(x) MAKE UNSOLICITED OFFERS, ADVERTISEMENTS, PROPOSALS, OR SEND JUNK MAIL OR SPAM TO OTHER USERS OF THE GLOMERA SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, UNSOLICITED ADVERTISING, PROMOTIONAL MATERIALS, OR OTHER SOLICITATION MATERIAL, BULK MAILING OF COMMERCIAL ADVERTISING, CHAIN MAIL, INFORMATIONAL ANNOUNCEMENTS, CHARITY REQUESTS, AND PETITIONS FOR SIGNATURES;
(xi) USE THE GLOMERA SERVICES FOR ANY ILLEGAL PURPOSE, OR IN VIOLATION OF ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, INCLUDING, WITHOUT LIMITATION, LAWS GOVERNING INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS, AND DATA PROTECTION AND PRIVACY;
(xii) DEFAME, HARASS, ABUSE, THREATEN OR DEFRAUD USERS OF THE GLOMERA SERVICES, OR COLLECT, OR ATTEMPT TO COLLECT, PERSONAL INFORMATION ABOUT USERS OR THIRD PARTIES WITHOUT THEIR CONSENT, OR, EXCEPT AS EXPRESSLY AUTHORIZED HEREIN, USE MATERIALS, THIRD PARTY CONTENT, OR OTHER CONTENT ON THE GLOMERA SERVICES FOR ANY COMMERCIAL USE, IT BEING UNDERSTOOD THAT, OTHER THAN AS EXPRESSLY STATED HEREIN, SUCH MATERIALS, THIRD PARTY CONTENT AND OTHER CONTENT AVAILABLE ON THE GLOMERA SERVICES IS FOR PERSONAL, NON-COMMERCIAL USE ONLY;
(xiii) REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE OF THE GLOMERA SERVICES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(xiv) MODIFY, ADAPT, TRANSLATE OR CREATE DERIVATIVE WORKS BASED UPON THE GLOMERA SERVICES OR ANY PART THEREOF, EXCEPT AND ONLY TO THE EXTENT THAT SUCH ACTIVITY IS EXPRESSLY PERMITTED BY APPLICABLE LAW NOTWITHSTANDING THIS LIMITATION;
(xv) INTENTIONALLY INTERFERE WITH OR DAMAGE OPERATION OF THE GLOMERA SERVICES OR ANY USER'S ENJOYMENT OF THEM, BY ANY MEANS, INCLUDING UPLOADING OR OTHERWISE DISSEMINATING VIRUSES, ADWARE, SPYWARE, WORMS, OR OTHER MALICIOUS CODE;
(xvi) TAKE ANY ACTION THAT MAY UNDERMINE GLOMERA’S RATING AND COMMENT SYSTEM (SUCH AS DISPLAYING, IMPORTING OR EXPORTING INFORMATION OFF THE GLOMERA SERVICES, USING INFORMATION ON THE GLOMERA SERVICES FOR PURPOSES UNRELATED TO THE GLOMERA SERVICES, OR IMPROPERLY MANIPULATING OR USING THE RATINGS AND COMMENT SYSTEM);
(xvii) TAKE ANY ACTION THAT IMPOSES OR MAY IMPOSE (IN GLOMERA’S SOLE DISCRETION) AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD ON GLOMERA’S INFRASTRUCTURE;
(xviii) INTERFERE OR ATTEMPT TO INTERFERE WITH THE PROPER WORKINGS OF THE GLOMERA SERVICES OR ANY ACTIVITIES CONDUCTED ON THE GLOMERA SERVICES;
(xix) BYPASS ROBOT EXCLUSION HEADERS OR OTHER MEASURES GLOMERA MAY USE TO PREVENT UNAUTHORIZED ACCESS TO THE GLOMERA SERVICES;
(xx) UPLOAD OR POST ANY SUBSCRIBER CONTENTS THAT CONTAIN ADVERTISING OR OTHER PROMOTIONAL MATERIAL, INCLUDING LINKS TO SUCH MATERIAL UNLESS EXPRESSLY AUTHORIZED BY GLOMERA.

3.6 Glomera does not guarantee any confidentiality with respect to any Subscriber Content the Subscriber uploads onto or creates on the Glomera Services.


3.7 For the avoidance of any doubt, with respect to any content that the Subscriber finds on third-party websites through the Search Function, it is the Subscriber’s sole responsibility to comply with applicable laws and to respect the rights of the owners and licensors of such content. The Subscriber hereby represents, warrants and undertakes to indemnify and hold harmless Glomera for any losses or liabilities arising out of the Subscriber’s use of the Search Function or third party content


4. Termination; Terms of Use Violations

4.1 Glomera’s right to suspend or terminate. The Subscriber hereby agrees that Glomera, in its sole discretion and without penalty, may suspend or terminate any account (or any part thereof) the Subscriber may have with Glomera or the Subscriber’s use of the Glomera Services and remove and discard all or any part of the Subscriber’s Client Area, and any Subscriber Content, at any time. Glomera may also in its sole discretion and at any time discontinue providing access to the Glomera Services, or any part thereof, with or without notice. The Subscriber agrees that any termination or suspension of the Subscriber’s access to the Glomera Services or any account that the Subscriber may have - or portion thereof - may be carried out by Glomera without prior notice, and that Glomera will not be liable vis-à-vis the Subscriber or any third party for any such termination and/or suspension. Furthermore, Glomera reserves the right to refer any suspected fraudulent, abusive or illegal activity to appropriate law enforcement authorities. These remedies are in addition to any other remedies Glomera may have at law.

4.2 Subscriber’s termination. The Subscriber’s only remedy with respect to any dissatisfaction with (i) the Glomera Services, (ii) any term of this General Terms and Conditions of Use, (iii) any policy or practice of Glomera in operating the Glomera Services, or (iv) any content or information transmitted through the Glomera Services, is to terminate this Generatl Terms and Conditions of Use and cancel the Subscriber’s account through the specific tools in the Client Area. The Subscriber may terminate this General Terms and Conditions of Use at any time by discontinuing use of any and all parts of the Glomera Services and providing Glomera a 10-day advance written notice at the Glomera postal or email address [Glomera srl Via Cardinal Massaia 83 - 10147 Torino, Italy E-mail address: recess@glomera.com ]

4.3 Survival. Upon termination of these General Terms and Conditions of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, clauses 1.6, 3.4, 3.5, 3.7, 7.1 and sections 5,6 and 11.


5. Disclaimer

5.1 THE GLOMERA SERVICES AND/OR CONTENT AND/OR MATERIALS ON THE GLOMERA SERVICES, ARE PROVIDED ON AN “AS IS“ BASIS WITH NO WARRANTIES WHATSOEVER.

5.2 GLOMERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER TO THE SUBSCRIBER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE GLOMERA SERVICES AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

5.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH RESPECT TO THE GLOMERA SERVICES AND/OR CONTENT AND/OR MATERIALS ON THE GLOMERA SERVICES GLOMERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY:
(i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
(iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE GLOMERA SERVICES, OR ANY PART THEREOF;
(iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE GLOMERA SERVICES;
(v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE GLOMERA SERVICES; AND
(vi) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF GLOMERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS.

5.4 FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, GLOMERA MAKES NO WARRANTY THAT THE GLOMERA SERVICES WILL MEET THE SUBSCRIBER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. THE GLOMERA SERVICESS MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

5.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE SUBSCRIBER FROM GLOMERA OR THROUGH THE GLOMERA SERVICES WILL CREATE ANY WARRANTY. THE SUBSCRIBER UNDERSTAND AND AGREE THAT THE SUBSCRIBER’S USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF INFORMATION, MATERIALS, OR DATA THROUGH THE GLOMERA SERVICES OR ANY THIRD-PARTY SERVICES TAKE PLACE AT THE SUBSCRIBER’S OWN DISCRETION AND RISK AND THAT THE SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE SUBSCRIBER’S PROPERTY (INCLUDING THE SUBSCRIBER’S COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.


6. Limitation of Liability

6.1 IN NO EVENT SHALL GLOMERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE GLOMERA SERVICES BE LIABLE IN ANY MANNER AND UNDER ANY THEORY OF LIABILITY WHATSOEVER FOR ANY LOSSES AND/OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF:
(i) THE GLOMERA SERVICES;
(ii) THE SUBSCRIBER’S ACCESS, USE OR INABILITY TO USE THE GLOMERA SERVICES;
(iii)ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS OF PROFITS, LOSS OF BUSINESS OR DATA), BUSINESS INTERRUPTION, AND DAMAGES RESULTING FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE GLOMERA SERVICES;
(iv)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SUBSCRIBER’S ACCESS TO AND USE OF THE GLOMERA SERVICES;
(v)ANY UNAUTHORIZED ACCESS TO OR USE OF GLOMERA’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION STORED THEREIN;
(vi)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE GLOMERA SERVICES BY ANY THIRD PARTY.

6.2 IN NO EVENT SHALL GLOMERA’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS’ TOTAL LIABILITY TO THE SUBSCRIBER FOR ANY AND ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE GENERAL TERMS AND CONDITIONS OF USE OR THE SUBSCRIBER’S USE OF THE GLOMERA SERVICES OR THE SUBSCRIBER’S INTERACTION WITH OTHER GLOMERA SERVICES USERS, EXCEED THE TOTAL AMOUNTS PAID BY THE SUBSCRIBER, IF ANY, TO GLOMERA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

6.3 THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY THE SUBSCRIBER BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SERVICES OR OTHERWISE BY THIRD PARTIES OTHER THAN GLOMERA AND RECEIVED THROUGH OR ADVERTISED ON THE GLOMERA SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.


7. Indemnification

7.1 The Subscriber agrees to indemnify, defend and hold harmless Glomera, its officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assignees, from and against any losess, claims, damages, liabilities, including legal fees and expenses, arising out of:
(i) any claim due to or arising out of the Subscriber’s violation of these General Terms and Conditions of Use, including but not limited to a claim arising out of a breach of the Subscriber’s representations or warranties made hereunder;
(ii) the Subscriber’s use or misuse of or access to the Glomera Services;
(iii)the Subscriber’s violation of any law, regulation or third party right, including without limitation any copyright, property, or privacy right; OR
(iv)any claim that the Subscriber or the Subscriber Content caused damage to a third party.

7.2 Glomera reserves the right, at the Subscriber’s expense, to assume the exclusive defense and control of any matter for which the Subscriber are required to indemnify Glomera, and the Subscriber agrees to cooperate with Glomera’s defense of these claims.

8. Assignment These General Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by the Subscriber, but may be assigned by Glomera without restriction.

9. Waiver and Severability
The failure to require performance of any provision shall not affect Glomera’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these General Terms and Conditions of Use or any Additional Policies constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these General Terms and Conditions of Use and/or the Additional Policies is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these General Terms and Conditions of Use and/or Additional Policies shall remain in full force and effect.

10. Notices
Glomera may provide the Subscriber with notices, including those regarding changes to these General Terms and Conditions of Use or any Additional Policies, by email, regular mail or postings on the Client Area. Notice posted on the Glomera Services is deemed given 30 days following the initial posting.

11. Choice of Law and Forum
These General Terms and Conditions of Use shall be governed and construed in accordance with the laws of the Italian Republic. Any dispute arising out of or relating to the validity, interpretation, application, performance and/or termination of these General Terms and Conditions of Use or the Subscriberr access or use of the Glomera Services shall be subject to the exclusive jurisdiction of the Courts of Turin (Italy).

12. Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these General Terms and Conditions of Use, and will not be deemed to limit or affect any of the provisions hereof.

13. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these General Terms and Conditions of Use.