Terms of service
Information pursuant to Legislative Decree 9 April 2003. n. 70
www.tublat.com domain name is registered by Iannotta Gianluca, currently located in Frazione San Silvestro 53, 82019 Sant’Agata De’Goti, Benevento, Italy, hereinafter referred to as "Tublat". For all the necessary information you can contact Tublat using these e-mail addresses: hello@tublat.com and tublat@legalmail.it
The VAT Number is IT01610380626.
The fees for the services provided by Tublat are illustrated in their website pages, accessible from www.tublat.com.
Definitions
Developer: Any person or company that registers to Tublat Service to develop Websites in accordance with the terms of this Agreement.
Tublat websites: The technological Platform managed by Tublat with which developers can implement websites.
Websites: Software, content and digital materials created using Tublat.
End user: every individual that personally or in the name of a company visits or makes use of a website created by a Developer.
1. Introduction
Tublat websites is a publicly accessible service with which Developers and Users can create and manage Websites. In order to create and manage Web Sites, the Developer must have a valid Tublat account by accepting this agreement.
2. Accepting the Agreement
2.1 Tublat websites service use related to creation and management of websites is subject to a legal agreement between the Developer or User and Tublat. This legal agreement is set up by the terms and conditions of the present document. In order for the Developer and/or User to use Tublat websites to create and manage their own Websites, they must accept the present Agreement by clicking “Create your Website”. The Developer and/or the User is not allowed to create and manage Web Sites using Tublat websites before having read and accepted this agreement.
2.2 The Developer and/or the User is not allowed to use Tublat websites and to agree on this "Terms of service" if: (a) He is not of legal age to sign a binding contract with Tublat (b) He is inhibited from receiving the Services under the laws of the United States or other countries including the country in which he is residing or from which he uses the Services
2.3 The Developer and/or User declares and warrants that he has full power, capacity and authority to accept this Agreement. If the Developer agrees to be bound by this Agreement on behalf of his employer or another entity, he declares and warrants that he has full legal authority on behalf of his employer or the aforementioned entity to accept this Agreement. If the Developer does not have the necessary authority, can not accept the Agreement or use Tublat websites on behalf of the employer of the aforementioned entity.
3. End User Assistance
Developer will be solely responsible for the provision of the services and maintenance of its Websites and any complaint regarding the same Websites. His contact information for the assistance shall be displayed on every page created by Developer, and made available to users to enable them to ask for assistance.
The failure to provide appropriate assistance in relation to the Developer Websites may, in some cases, lead to the removal from Tublat websites.
4. Developer Usage of Tublat
4.1 Except for the license rights assigned to the Developer as explained in Section 5, Tublat accepts not to obtain from the Developer (or from its license owner) any right, title or interest related to Developer Products, including all the relevant intellectual properties associated to these Products.
4.2 The Developer agrees to use the Services only for purposes that are permitted by (a) this Terms and Conditions agreement and (b) any applicable law, regulation or generally accepted practices or guidelines for the relevant jurisdictions (including, as an example, any laws regarding data and software Export to and from the United States or other relevant countries).
4.3 The Developer accepts that deciding to use Tublat websites to create and manage websites he will protect privacy and legal rights of the end users. If the Web Site created with Tublat has access and use personal information such as (and not limited to) username, passwords, age of birth, and so on, the Developer is obliged to inform the end user that himself or the product will use such information. Furthermore if the Developer has access to sensible information, he must:
produce a Privacy Policy that is compliant with the applicable laws
store and safeguard this information complying the applicable safety measures, and relevant storage duration
If any valid personal agreement has been signed by the parties, this will substitute the original agreement.
If the end users provide details about their Tublat account to the developers (even through the Website), Developer may use the above mentioned details, even through its Web site, to access to his Tublat accout only when and to the extent where the user has granted permission to do so.
4.4 Forbidden activities.
4.4.1 The Developer agrees not to do anything (including development and publishing of Websites or any other material) that violates this Terms of services or:
Violates 3rd party Terms of services
Violates local, regional or national laws
Include any activity which could interfer,violate, interrupt, harm hardware,software, networks, data of (and not limited to) Tublat users or any other internet user
Would include false information
Violate intectual properties of other users
Consent any forbidden download of unauthorized multimedia or streaming content
Violate intellectual property including licenses, patents, copyrights (refer to Digital Millenium Copyright Act by Google) trademarks, industrial secrets
CONTENT THAT Tublat deems, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, PORNOGRAPHIC, OR UNACCEPTABLE FOR ANY REASON
4.4.2 The developer agrees not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Tublat, unless he has been specifically allowed to do so in a separate agreement with Tublat.
4.4.3 The developer can’t deviate or link to other websites that imitates Tublat websites or acts as if they were Tublat. For any doubt avoidance, the Developer may offer Web sites as an access point to paid services for which customers have registered and for which charge information has been provided.
4.4.4 The developer must not usi NPAPI plugin unless it is authorized by Tublat
4.5 The Developer accepts to be the only responsible for all the Websites he has created and managed through Tublat websites, and of any consequence that may arise from his actions (including any damage or loss suffered by Tublat or third parties). Furthermore the developer accepts that Tublat is not responsible towards the Developer or third parties for any action done by the Developer itself.
4.6 The Developers agree to be solely responsible for any breach of all the obligations under this Agreement, by existing contracts with third-party or third-party terms of service, the application of laws or regulations and also the consequences of the violation of the same (including any loss or damage suffered by Tublat or by third parties), and that Tublat is not responsible in any way against the Developer and the same third party for such violations.
4.7 Products Evaluation.
4.7.1 Tublat will allow users to evaluate the Websites. Tublat could use and publish statistics and analytics relevant to the Websites, for ex. Number of visitors, to identify or remove Websites that do not satisfy acceptable standards , as defined by Tublat.
Tublat reserves the right to show Web Sites to users at Tublat’s sole discretion.
4.7.2 Developer Websites will be subject to judgments that they may not agree with. Developers may contact Tublat for any questions or concerns about the judgement method.
4.8 Commercialization of the Product. The Developer will be responsible for its Websites, for the provision of the necessary information to end users, as well as the communication of precise security permissions, necessary for the operation of the Websites on users' computer, hardware or other devices.
5. Licenses
5.1 The Developer gives Tublat a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to host, create link, copy, modify, translate, publish, publicly display, test and distribute any Website and related Content which the Developer submits, post or display through, the Website.
5.2 The Developer gives user a perpetual, irrevocable, worldwide, and non-exclusive license to execute, display and use Websites and related content. The Developer has the opportunity to include a different license agreement with the End User (EULA) , which will regulate end user rights related to product license.
5.3 Tublat can take advantage of consultants or other representatives to execute and comply to the rights presented in this Agreement, provided that these consultants and representatives must comply to the same commitments of Tublat. Upon termination of this Agreement, Tublat will not distribute Developer Web Site anymore, but may retain and use copies of the Website for support purposes related to Tublat websites service.
5.4 The Developer declares and warrants that it holds, and maintain, all the rights necessary to grant the licenses to the Web sites and the content available or transmitted through the Web sites to Tublat its affiliates and Websites users.
5.5 Subject to the license rights granted in this Agreement, ( a) the Developer retains all rights in and to the Web sites and (b) each party retains all rights held independently to this Agreement, including the rights held under the U.S. Copyright Act or similar laws of other jurisdictions. Tublat acknowledges and agrees that it obtains trough this agreement from the Developer (or Developer’s licensors) any right, title or interest under this Agreement on the content he submits, posts, transmits or displays on or through the Website, including any intellectual property rights present in that content (whether those rights are registered or not, and wherever in the world they exist). Unless otherwise agreed in a written agreement with Tublat, Developer agrees to be responsible for protecting and enforcing those rights and that Tublat has no obligation to do so on his behalf.
6. Brand and advertisement
6.1 For "Brand Features" we mean the registered brand names, trademarks, logos, domain names and other distinctive brand distinctive elements of each party, owned by (or licensed to) such part when needed.
6.2 Each party owns all the rights, title and interest, including without limitation all intellectual property rights related to the distinctive elements of its brand . Except as expressly provided in this Agreement, neither party grants , nor the other party acquire, any right, title or interest (including , without limitation, any implied license ) in respect of the Brand Features of the other party. Pursuant to the terms and conditions of this Agreement, Developer grants Tublat and its affiliates a non-exclusive limited license valid for the duration of this Agreement to show the Developer Brand Features in order to use them in relation to Tublat websites and perform its obligations under this Agreement . Nothing provided in this Agreement gives the developer the right to use the brand names, trademarks, logos, domain names, or other distinctive brand owned by Tublat.
6.3 Advertising.
Tublat and its affiliates may insert the Developer Brand Features, screenshots, videos and demos of products and content contained in, available from or transmitted through the Web sites inside presentations, marketing materials and marketing events, Developer events, financial statements, websites lists (including links to the developer website), press releases, and customer lists (including, without limitation, customer lists posted on Tublat websites) in order to sponsor Tublat advertising products and services. Tublat grants to Developer a limited, non-exclusive, worldwide effective usage of Tublat Brand for the term of this Agreement solely for advertising purposes and only in accordance with the guidelines of the Tublat brand.
7. Removal, Control and Updates
7.1 Removal by the Developer. The Developer may remove its Web sites from Tublat at any time, in such a way that they will not be manageable for the future through Tublat websites, but must comply with the terms of this Agreement in relation to each website managed by Tublat. The removal of the Websites by Developer from Tublat websites so that they are no longer distributed through Tublat (a) do not produce the termination or modification of the license rights of end users who have previously used the Web sites or (b) does not involve the removal of the Websites from computers, hardware or other devices owned by end users, or from any section of Tublat where information is stored on the Web Site
7.2 Control and removal by Tublat. Tublat has no obligation to monitor the Web sites or their content, but may at any time inspect or test the Developers’ Websites as well as their source code to verify that they meet the terms of this Agreement , the rules of Tublat program and any other term, obligation , law or current regulation , and can use automated methods to perform these checks. Tublat reserves the right to refuse to handle and / or register a Web Site at its sole discretion. Tublat reserves the right to remove and / or block websites that make use of redirects and / or inserted inside iframes. In case of non-fullfilment, the site can be obscured. At the Developer may be requested information or contact details to be personally identifiable as part of the registration process Tublat or during the use of the Services. Users agree to provide the most accurate, correct and up-to-date information to Tublat. In the context of the specifications for the Website, Tublat may require the developer to include information such as name and email address in the presentation of the Website.Tublat may use this information for the presentation of the Website in its directory or for other uses. Where Tublat is informed by Developer or becomes aware in other ways and assess at its sole discretion that a Developer Website, or distinctive elements of Developer brands (a ) infringe intellectual property rights or any other rights of any third party , (b) violate applicable law , or are subject to injunction , (c ) contain pornographic, obscene or otherwise violate the standards of Tublat hosting or other terms of service occasionally updated by Tublat at its sole discretion , (d) are published or distributed incorrectly , and (e ) may give rise to liability against Tublat or any third party , ( f ) contain viruses or are considered by Tublat as malware, spyware or harmful for the Tublat network or third parties; ( g ) violates the terms of this Agreement or Tublat program, or ( h ) damage the integrity of the Tublat servers (for ex. users are unable to access content or have issues ) , Tublat can prevent the display of the Web Site , remove the website from its system, disable or remove remote systems or devices of the user, or flag, filter change related materials (including , without limitation , descriptions, screenshots or metadata) or reclassify the Web Site at its sole discretion. Developer can contact Tublat if he has any question or concern about removal. Tublat reserves the right to suspend or prevent access to any system Website at its sole discretion.
8. Developers credentials
8.1 The Developer agrees to be responsible for the confidentiality of credentials chosen by the developer or that can be issued from Tublat itself, and will be solely responsible for all applications developed using this Developer credentials .
8.2 Tublat can limit the number of Websites that the Developer, the society or the organization for which he works, realizes or manages.
8.3 Tublat may, at its sole discretion, suspend or terminate the right of the Developer to manage his We sites through Tublat websites for any reason, including, without limitation: (a) breach of this Agreement or the Tublat Program Rules Tublat or (b) violation of any intellectual property law, including copyrights. For more information about Tublat rules about copyright, read the information presented here.
9. Privacy
9.1 In order to innovate and improve Tublat websites service, Tublat can collect some statistical data on the use of Tublat and computers, devices or other hardware of the users, including, but not limited to, information on how to use Tublat and sites. .
9.2 Data collected are examined as a whole to improve Tublat for the benefit of users and developers and are maintained in accordance with the Privacy Policy of Tublat. In order to improve the websites, aggregate data may be available to the developers by submitting a written request.
10. Duration of Contract, Service Cost and Termination of the Contract
10.1 Duration of Contract
This Contract has a duration of one year and will be renewed until its termination by the Developer, User and/or final User or by Tublat itself, according to the terms indicated below.
In order to avoid service interruptions (like – to make an example – the non-renewal of the domain in due course, etc.) the automatic payment system could proceed with the charging – in the payment system already chosen by the Developer and/or User – of the service cost from thirty (30) days before the performing contract expiration date. In case the charging attempts should fail, Tublat takes no responsibility for the direct or indirect damage deriving from the renewal failure of all the services bought by a third party which provide a yearly renewal.
In any case the automatic renewal will not be effective if the service cost – due to the payment profile chosen by the Developer and/or User – has not already been cashed by Tublat at least five (5) days before the performing contract expiration date.
10.2 Cost of Service
The cost of the Tublat service is meant to be annual. It can be paid, with a single annual deposit as shown on the Tublat’s website.
10.3 Termination of the Contract
10.3.1 Termination of the Contract
Tublat can, at every moment, terminate this Contract with the Developer, User and/or final User – as an example but not only – if:
(A) the Developer, User and/or final User violates any disposition of this Contract;
(B) Tublat is forced by law to proceed in this way;
(C) Tublat decides to provide no service any longer.
10.4 After the termination of this Contract, Tublat will stop distributing the Website of the Developer, User and/or final User, but may keep and use copies of it for support purposes which are linked to the Tublat websites service
11. Disclaimer of Warranties
11.1 Tublat is provided "as it is available", with the exclusion of any guarantee, without limitation, any guarantee related to timing, frequency and implementation of the product updates distribution.
11.2 The use of Tublat and any material downloaded or otherwise obtained through the use of Tublat by the developer and / or user, is at its sole discretion and at its own risk. The developer and / or users are solely responsible for any damage caused to computers or other devices and the loss of data resulting from such use.
11.3 Tublat makes no warranty or condition of any kind, express or implied, including, but not limited to, the implied warranties and conditions of merchantability, appropriate for a particular purpose of the violation.
12. Limitations of Liability
The developer and/or user expressly agrees that Tublat, its affiliates, distributors and affiliates, and licensors are not liable to the developer for any direct, indirect, incidental, special, consequential or exemplary damages allegedly suffered by the developer, and anything gives the cause and the theory of liability. It is included any loss of data, even if Tublat or its representatives have been advised of or should have been aware of the possibility of such losses.
13. Indemnification obligations
To the extent permitted by law, the developer and/or user agrees to indemnify Tublat, its affiliates and their respective directors, officers, employees and agents from any claim, action, suit or proceeding and from any loss, liability, damages, costs and expenses (including attorneys' fees) arising, first, from the use of Tublat websites by the developer and/or user, in violation of this Agreement, the Rules of the program Tublat or any law or regulation. Secondly, from the breach through the Web Site Developer of copyright, trademark rights, trade secrets, trade dress, patents or any other intellectual property right of any person arising out of or defames any person or infringement of its rights of publicity editorial or privacy. Thirdly, from claims of third parties arising out of or relating to the Site or the Web Developer's use of the latter Tublat.
14. Changes of the Contract
Tublat may make changes to this Agreement. When these changes are made, Tublat will make a new copy of the Contract at the site of Tublat www.tublat.com. It is responsibility of the Developer and/or User to periodically check the terms and conditions of this Agreement. The changes will become effective and shall be deemed accepted by the Developer and/or User in the following situations: immediately for those who become Developers and / or Members after the change; (b) for those who are already developers and/or users, the changes will be effective when the developer accepts the modified Agreement (except changes required by the law that will be effective immediately) or 7 days after the publication of the amendment, if the developer continues to use the services of Tublat.
15. Legal terms
15.1 This Agreement constitutes the entire legal agreement between you and Tublat, governs the use of Tublat websites by the Developer and completely replaces any prior agreements between you and Tublat in relation to Tublat websites. The Developer Agreement for Tublat, the program policies and Terms of Service of Tublat websites will be applied in the order indicated if there is any inconsistency between them, to the extent of such inconsistency.
15.2 The developer agrees that failure to exercise or enforce by Tublat of any legal right or remedy under this Agreement (or anything else Tublat benefits under any applicable law) will not be considered as a formal waiver of rights to Tublat and that those rights or remedies will still be available to Tublat.
15.3 If a Court having the jurisdiction in this matter, rules that any provision of this Agreement is invalid, that provision will be removed without affecting the other terms of the Contract. The remaining provisions of this Agreement shall continue to be valid and enforceable.
15.4 The developer acknowledges and agrees that each company in the group to which Tublat is the leading company will be third-party-beneficiary of their rights under this Agreement and that these companies will have the option to apply directly and rely upon any provision of the Contract which gives them an advantage or confers rights on their behalf. Other than this, no other person or company shall be beneficiary of this Agreement as a third party.
15.5 Export Limitations.
The websites available in Tublat may be subject to export controls or restrictions imposed by the European Union. Developers agree to comply with all export laws and regulations in force in the European Union. These laws include restrictions on destinations, end users and end use.
15.6 The rights granted in this Agreement may not be assigned or transferred to other parties (the Developer or Tublat) without the prior written consensus of the other party. Neither the developer nor Tublat be permitted to delegate their responsibilities or obligations under this Agreement without the prior written consensus of the other party.
15.7 This Agreement and the relationship between the Developer and Tublat established by the Agreement will be governed by the laws of the State in which it is located Tublat, without regard to the rules of private international law. Developer and Tublat agree to submit to the exclusive jurisdiction of the courts in which it is located Tublat, to resolve any legal matter arising from this Agreement. Nevertheless, the Developer agrees that Tublat shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
15.8 The obligations set in Sections 5, 6, 7, 11, 12, 13 and 15 will be valid even in case of expiration or termination of this Agreement.