Examfree: Terms and Conditions
PREMISE
Examfree owns to SERVICES & CONSULTING FORCE S.R.L. (VAT: 14610081003) (hereinafter referred to as the “Company”, “we”, “us”, “our” and “ourselves”) web-address is www.examfree.in/ including all the subsidiary pages (hereinafter referred to as the “Website”). The registered office of the Company is situated at Viale Dei Promontori 414, CAP 00122 - Rome - Italy. Mentioned below are the legal agreements that are binding between the Company and you (hereinafter referred to as the “User”). You are requested to carefully read these Terms of Use because they are related to the way you use and interact with the Website, and/or with the information that is part of it and/or that is shared on our social media profiles and pages, and all the products and services that you can access through the Website. The mentioned Terms of Use govern all kinds of uses of the Website, whether as a registered customer or as a guest. “Common Terms of Use” means the Terms of Use that have been laid out here. “Particular Terms of Use” refers to those Particular Terms of Use that have been laid out to cover any service or product that you may buy through the Website, and those Terms of Use that take precedence over the Common Terms of Use to the possibility of any conflict between them. This is an agreement governing your relationship with www.examfree.in, and use of the service, as defined below, provided to you by www.examfree.in you may use the service only on the condition that you accept all of the terms and conditions contained herein. Please read these terms carefully before using these service. Using these service indicate that you accept these terms. If you do not accept these terms (“terms of use”), do not use these service. Acceptance of Terms of Service This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is a legal agreement between You, either an individual or an entity (the “You” or “User”), and www.examfree.in and its affiliates (collectively, the “Examfree”), regarding the Service, as defined below. Examfree makes the Website www.examfree.in including all related Examfree’s website such as www.examfree.in included within this Internet website (together, “Website”), and all information, graphics, documents, text, products, services and all other elements of the Website and all products and Service offered and operated through Website and related plug-ins, add-ons and applications, available for You subject to the terms and conditions set forth in this Agreement. By using the Service, You agree to be bound by the following Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the Website and all such terms shall be deemed accepted by You. If You do NOT agree to all these Terms of Service, You should NOT use the Service. If You do NOT agree to any additional specific terms which apply to particular Examfree’s Content (as defined below) or to particular transactions concluded through the Website, then You should NOT use the part of the Website and/or Service which contains such Examfree’s Content or through which such transactions may be concluded and You should NOT use such Examfree’s Content or conclude such transactions. Also, when You use any current or future Examfree’s Service or visit Examfree’s Website or obtain any products or Service, whether free of charge or for payment, of Examfree or any business affiliated with Examfree, whether or not included in the Website, You will be subject to the guidelines and conditions applicable to such services or business. These Terms of Service may be amended by Examfree at any time. Such amended Terms of Service shall be effective upon posting on the Website. Please check the Terms of Service published on the Website regularly to ensure that You are aware of all terms governing Your use of this Website and Service. Also, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through the Website (the “Examfree’s Content”) or transactions concluded through the Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service. Examfree reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Examfree reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion. These terms and conditions are in addition to the Website Disclaimer on the website. Certification Questions reserves the right to vary or withdraw any of the Services described on the Website without notice.
DEFINITIONS
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the study materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party. “Educational or study Materials” means the information provided by Certification Questions to accompany a course provided as part of the Services in hard copy or electronic form. “Fees” means the fees paid by you to Examfree for the Services. “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world. “Online Training " means the delivery by us of an online content pursuant to which you learn study materials by app simulator. “Service” or “Product” means the provision of the online content and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone. “Use of service” means the license to use Certification Questions’ content by visualizing study material on the web or mobile application. “Website” means www.examfree.in including all the subsidiary pages. “you” means the individual purchasing the Services as a Consumer or a Professional.
PURPOSE
Certification Questions’ mission is focused to improve your skills and the study through an exclusive app which contains also customized questions for your level. Certification Questions enables anywhere to share educational material. Certification Questions considers its application model the best way to offer valuable and interactive educational content to our users. Certification Questions needs rules to keep its platform and services safe for you. Certification Questions will provide the Service with reasonable care and skill in accordance with the description set out on the Website. Certification Questions expects you to confirm that the Services you are purchasing will meet your needs. Certification Questions does not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
REGISTRATION
Most aspects of the Service may require you to register and provide information about yourself. You agree to: (a) provide accurate and complete information about yourself as prompted by the relevant registration form and (b) maintain and promptly update this information (by using the appropriate forms on our Websites or emailing us at [email protected]). Certification Questions may terminate your account and any or all rights that you have been granted to make use of its Websites, if any information you provide is inaccurate, false, or incomplete. The registration processes on Certification Questions’ Websites may involve you creating a password to enable you to access your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Certification Questions of any unauthorised use of your account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Certification Questions will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree that Certification Questions has no responsibility or liability for the deletion or failure to store any messages, other communications or other content maintained or transmitted by its Services. Certification Questions reserves the right to de-activate accounts that are inactive for an extended period of time.
LIABILITY DISCLAIMER
No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of identical or original certification exams. Although Certification Questions aims to provide the services to the highest standards, It doesn’t accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement. Any damage or loss that can be incurred to You, including, but not limited to those as a result of:
Any reliance on completeness, accuracy or existence of information of any kind that is displayed on the website; Any allowed change made by Certification Questions as a part of their service, or any permanent or temporary cancellation in providing particular services or offers (as well as any functions connected with these services); Disruption, deletion or failure to store any content or other communication transferred or maintained through Your use of the services; Not providing relevant and accurate information from User; Password loss or the loss of access to Your account caused by You, or making Access to Your account or to password available to the third party Certification Questions is liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the study material in relation to which a dispute has arisen. No claim may be brought after the last date on which the Services concerned have finished or ceased to be provided by us. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
INTELLECTUAL PROPERTY
All Intellectual Property Rights in the study Materials are, and remain, the intellectual property of Certification Questions or its owners, whether adapted, written for or customized for the Client or not. You are not authorized to:
Copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the study Materials without prior written permission; Record on video, relay by videophone or other means the Online Training or in general the content; Use the Online Training or content in the provision of any other course or training; Modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Training or content. Breach by you of this clause shall allow Certification Questions to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to log in to the website. In consideration of the Fees paid by you, Certification Questions grants to you a limited, non-transferable, non-exclusive license to use the study Materials and the web app for the sole purpose of training.
COPYRIGHT AND TRADEMARK
All contents of the Web Site are under copyright by Certification Questions. All rights reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations and products descripted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and European Copyright, notifications of claimed copyright infringement under copyright law should be sent to [email protected]. ANY NOTIFICATION THAT DOES NOT ADHERE TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE The written DMCA Notice must include the following:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information to reasonably locate the material (i.e., the URL of the webpage containing the material). It shouldn’t be a brief or generic description;
- Contact information of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, such as an address, telephone number, and email address that can be used as a method of communication.
- A statement that the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LINKS
This website contains links to other websites operated by third parties over whom we have no control. Such links are provided for your convenience only and www.examfree.in accepts no responsibility or liability in respect of the content, accuracy or use of other websites.
TERRITORY STATEMENT
Please do not access or use the content from a jurisdiction where such access or use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organization. If you breach this provision, you will be held entirely responsible.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (ec.europa.eu/consumers/odr/).
JURISDICTION AND GOVERNING LAW
If any difference or dispute arises, then the Italian courts shall have full Jurisdiction over them. The dispute can be in or out of connection with the use of the Website and any purchases made on it. All your activities on the Website and the purchases that you make are to be governed in accordance with the laws of Italy.
TERMS OF SERVICE
ATTENTION, NOTICE TO USER: THIS IS AN AGREEMENT GOVERNING YOUR RELATIONSHIP WITH CERTIFICATION-QUESTIONS.COM, AND USE OF THE SERVICE, AS DEFINED BELOW, PROVIDED TO YOU BY CERTIFICATION-QUESTIONS.COM YOU MAY USE THE SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THESE SERVICE. USING THESE SERVICE INDICATE THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS OF SERVICE”), DO NOT USE THESE SERVICE. Acceptance of Terms of Service This Terms of Service Agreement (the “Agreement” or “Terms of Service”) is a legal agreement between You, either an individual or an entity (the “You” or “User”), and www.examfree.in and its affiliates (collectively, the “Examfree”), regarding the Service, as defined below. Examfree makes the Website www.examfree.in including all related Examfree’s website such as www.examfree.in included within this Internet website (together, “Website”), and all information, graphics, documents, text, products, services and all other elements of the Website and all products and Service offered and operated through Website and related plug-ins, add-ons and applications, available for You subject to the terms and conditions set forth in this Agreement. By using the Service, You agree to be bound by the following Terms of Service and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on the Website and all such terms shall be deemed accepted by You. If You do NOT agree to all these Terms of Service, You should NOT use the Service. If You do NOT agree to any additional specific terms which apply to particular Examfree’s Content (as defined below) or to particular transactions concluded through the Website, then You should NOT use the part of the Website and/or Service which contains such Examfree’s Content or through which such transactions may be concluded and You should NOT use such Examfree’s Content or conclude such transactions. Also, when You use any current or future Examfree’s Service or visit Examfree’s Website or obtain any products or Service, whether free of charge or for payment, of Examfree or any business affiliated with Examfree, whether or not included in the Website, You will be subject to the guidelines and conditions applicable to such services or business. These Terms of Service may be amended by Examfree at any time. Such amended Terms of Service shall be effective upon posting on the Website. Please check the Terms of Service published on the Website regularly to ensure that You are aware of all terms governing Your use of this Website and Service. Also, specific terms and conditions may apply to specific content, products, materials, Service or information contained on or available through the Website (the “Examfree’s Content”) or transactions concluded through the Website. Such specific terms may be in addition to these Terms of Service or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service. Examfree reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Examfree reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.
TERMS AND CONDITIONS
The usage of third party logos does not represent an endorsement or an association with any other company. The usage of third party logos are just related to increase the User Customer Experience. So the logos easily group and organize the web-site area\sections in menu or launchpad. The practice tests are so grouped and it is easy to compare the different available material.
The usage of logos it is not to represent any sort of relationship with the respective holders of the logos rights.
The copyrights to all text, images, logos, photographs, videos and animations, software, and all other information contained in the Website belong to Certification-Questions or a third party.
Certification-Questions does not provide any guarantee whatsoever regarding the completeness and accuracy of the information that appears on this Website. Certification-Questions may change the information appearing on this Website without prior notice.
Certification-Questions doesn’t substitute the official materials which are available on official and authorized web-site.
Certification-Questions provides a Simulator which helps people to enjoy and learn more, but it doesn’t offer the real Exam Tool with the real Exam Questions.
Certification-Questions offers practice test to play with your knowledge and test your ability in the IT world: Certification-Questions.com materials do not contain actual questions and answers from Real Certification Exams.
DESCRIPTION OF SERVICE
Certification-Questions provides a Simulator which helps people to enjoy and learn more, but it doesn’t offer the real Exam Tool with the real Exam Questions. Certification-Questions offers practice test to play with your knowledge and test your ability in the IT world: Certification-Questions.com materials do not contain actual questions and answers from Real Certification Exams. Certification-Questions provides a Simulator with only practice questions. Certification-Questions provides unofficial study materials, and educational material which doesn’t intend to substitute the official materials provided by other company displayed in the web-site. So o Certification-Questions doesn’t substitute the official materials which are available on official and authorized web-site.
PRODUCT DESCRIPTIONS
The Company attempts to be as accurate as possible in describing its products. However, the Company does not warrant that product descriptions or other content on this site are accurate, complete, reliable, current or error-free. If a product purchased on this site is not substantially as described, your remedy is to contact our support team ASAP.
PRIVACY
Please review our PRIVACY POLICY, the provisions of which are incorporated in these Terms and Conditions by this reference. By using this site, you acknowledge that you have read and understood the Privacy Policy in detail.
DATA PROTECTION AND PRIVACY
We agree to make sure that none of your data is available to any third-party without your consent. Your privacy and protection is our top priority. After the initial registration, you have the right to change or update any part of your personal information at any time on the Website. For better security and confidentiality, read our detailed Privacy Policy to learn more about how to protect your personal information.
NOTICES
You consent to receive notices from us by e-mail, by mail at the addresses included in the contact information you provide to the Company, or by posting notices on this site. Notices posted on this site shall be considered received 24 hours after posting. Notices sent by e-mail shall be considered received immediately upon sending, unless the Company receives notice that the e-mail was not delivered. Notices sent by mail shall be considered received 3 business days after mailing.
WARRANTIES AND DISCLAIMERS
ALL CONTENT AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Examfree HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE SERVICE OR THE CONTENT. Examfree DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE OR SERVICE. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. Examfree DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY Examfree ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by Examfree in writing, contractors, agents, dealers or distributors of Examfree or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties. THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR SITE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. Examfree ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH SERVICE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Examfree OR FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. The Website may contain references to specific Examfree products and Service that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. You understand and agree that by using the Website and Service and products contained therein, You may be exposed to Examfree’s Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website, Service and products at Your own risk. IN NO EVENT SHALL Examfree OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE Examfree’S CONTENT, PRODUCTS, SERVICE, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE Examfree’ CONTENT, ANY SERVICE AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF Examfree HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST Examfree PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO Examfree IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to You. Your Warranties YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO Examfree IN CONNECTION WITH THE SERVICE OR WEBSITE IS TRUE AND ACCURATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THE TERMS OF SERVICE AND PROVIDE LICENSE AS SET FORTH IN SECTION (LICENSE TO YOUR CONTENT); (iii) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THE TERMS OF SERVICE; (iv) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (v) YOUR MATERIALS, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“YOUR CONTENT”) THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY Examfree, OR WEBSITE DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES. Term The term of this Term of Service (“Term”) shall begin when You start using the Service and shall continue in perpetuity unless otherwise terminated by Examfree by written notice. Examfree expressly reserves the right to change, suspend or discontinue all the Service or portion thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, this Terms of Service will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, You must immediately cease using the Service including without limitation any use of Examfree’s trademarks, trade names, copyrights and other intellectual property. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY. Fee, Payments. All rights and privileges provided herein to You under this Terms of Service are subject to your compliance of all of the terms and conditions and payments of applicable fee, if any, to Examfree, provided however, that Examfree expressly reserves the right to provide the Service free of charge during the Term, and further provided, that Examfree, solely at its own discretion and upon termination of this Agreement, may elect to provide the same or similar Service for a fee. Links to Other Sites and Third Party Materials In order to use the Service You may need to obtain and/or use certain third-party products, services and/or materials (“Third Party Materials”). Third Party Materials are (i) not licensed hereunder; (ii) not under Examfree’s control or license; and (iii) subject to the applicable licenses and respective terms and conditions of such third parties which You need to enter into prior or subsequent to the installation and/or use of the Third Party Materials and prior to the effective use of the Service. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third Party Materials or to entitle You to use such Third Party Materials. Intellectual Property Copyright, trademark and all other proprietary rights in the Service and/or Examfree’s Content (including but not limited to software, Service, audio, video and text) rest with Examfree and/or its licensors. Unless otherwise specifically provided herein or authorized by Examfree in writing, all rights in the Service and/or Examfree’s Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service and/or Examfree’s Content. All copyright and other proprietary notices shall be retained on all reproductions. Examfree hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material are the properties of their respective owners. Examfree disclaims any proprietary interests in the intellectual property rights other than their own. The Examfree shall conspicuously display graphics that indicates that the Service is provided by Examfree under the guidelines that may be communicated to You from time to time by Examfree. Such attribution must provide a direct link to the Website or such other address as Examfree may designate from time to time. Feedback You may from time to time provide suggestions, comments or other feedback to Examfree with respect to any product, material, software or information provided by Examfree (hereinafter “Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Examfree. However, Examfree shall not disclose the source of any feedback without the providing party’s consent. Examfree shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any Examfree’s privacy policies posted on the Website.
PRICE OF SERVICES AND GOODS
The prices are VAT inclusive, unless otherwise indicated. The prices of any service or goods that you might want to purchase are clearly mentioned under the option you select on our Website. We are not liable for amending or withdrawing, refusing to process order or failing to do so for any of the products or services that we sell. Before you confirm the order, the total price of your purchase will be shown to you. We reserve the right to update, withdraw or amend any of the services and products that we offer, or change their prices at any time without prior explanation or notice. In the wake of a serious error, even though we make full effort to make sure prices are always correct, any such transaction shall be voided by us, and you will be entitled to a full refund.
PAYMENTS
Your credit card data is sent directly via payment service provider (acquiring bank) whenever you make payments through your credit card. The Company takes all possible reasonable steps against of unauthorized access by third parties. This excludes, the possibility of such data becoming accessible to third parties while being transferred electronically. But it must be noted that it’s impossible to protect the data transferred electronically 100% sure. Please don’t forget about the possibility of such data can become known by unauthorised third parties and take care about that from your part as well.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and European Copyright, notifications of claimed copyright infringement under copyright law should be sent to [email protected]. ANY NOTIFICATION THAT DOES NOT ADHERE TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE The written DMCA Notice must include the following:
Identification of the copyrighted work claimed to have been infringed; Identification of the material that is claimed to be infringing and information to reasonably locate the material (i.e., the URL of the webpage containing the material). It shouldn’t be a brief or generic description; Contact information of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, such as an address, telephone number, and email address that can be used as a method of communication. A statement that the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LICENSE TO YOUR CONTENT
You hereby grant Examfree and Examfree accepts a non-exclusive and fully transferable, sublicensable and assignable royalty free right to store, load, adapt, modify, revise, transform, alter, create derivative works, install, execute, display and share with any third party or other users of Examfree’s Service and/or Website (to “Use”) Your Content in connection with the Examfree’s Service, on the Examfree’s or its affiliates’ websites in connection with Examfree’s products and Service pursuant to the terms and conditions of this Terms of Service with the right to sublicense to sublicensee(s) and end users any rights granted hereunder substantially on the terms and conditions set forth herein (the “License”). Unlawful or Prohibited Use You may not use the Website and/or Service for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website and/or Service. You may not use this Website and/or Service in any manner that could damage, disable, overburden, or impair this Website and/or Service, or that interferes with any third party’s use and enjoyment of this Website and/or Service. You agree that You will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Website and/or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Examfree to all users of this Website and/or Service. You shall not institute, assist, or become involved in an attack upon any Examfree server or otherwise attempt to disrupt the Examfree servers. ANY ATTEMPT BY YOU TO DAMAGE Examfree SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF Examfree IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, Examfree RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You hereby agree to indemnify and hold harmless Examfree, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service and/or Your Content, including without limitation infringement by Your Content of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy. Linking to the Website Linking to the Website is permitted provided that You comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Examfree endorses or sponsors the linker or its site, products or services. You must not use Examfree intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Examfree or as otherwise provided herein. Furthermore, You agree to remove the link at any time upon Examfree’s request.
APPLICABLE LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Italian Law without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the Italy for any claim or cause of action arising out of, or relating to or in connection with these Terms of Service or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by Examfree. Examfree does not bear any responsibility nor assumes any risks if by any reason a Service or the Website breach national law of any state. Those who access this Website or use the Service do so on their own initiative and are responsible for compliance with their national laws.