Terms & Conditions
Terms & Conditions for Website
1. ACCEPTANCE OF TERMS
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto, or if you become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
All postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Site are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email, or otherwise make available via the Site. You understand that Sovena does not control, and is not responsible for, Content made available through the Site, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site, and Content available through the Site, may contain links to other websites, which are completely independent of the Site. Sovena makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to or visiting any other websites is at your own risk.
4. THIRD-PARTY CONTENT, SITES, AND SERVICES
The Site, and Content available through the Site, may contain features and functionalities that may link you to or provide you with access to third-party content that is completely independent of the Site, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
In the event that you have a dispute with one or more other users, you hereby release Sovena andtheir officers, employees, agents, successors, and/or assigns in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
5. PRIVACY AND INFORMATION DISCLOSURE
6. LIMITATIONS ON AND TERMINATION OF SERVICE
You acknowledge that Sovena may establish limits concerning use of the Site, including the maximum number of days that Content will be retained by the Site, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Site, and the frequency with which you may access the site. You agree that Sovena has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Site. You acknowledge that Sovena reserves the right at any time to modify or discontinue the Site (or any part thereof) with or without notice, and that Sovena shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
You agree that Sovena, at its/their sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof) immediately and without notice, and remove and discard any Content within the Site, for any reason, without limitation, if Sovena believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Sovena shall not be liable to you or any third party for any termination of your access to the site.
7. ACCESS TO THE SITE
Sovena grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. This license does not include any collection, aggregation, copying, duplication, display, or derivative use of the Site nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Sovena.
8. PROPRIETARY RIGHTS
The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from, or redistribution of the Site or the collective work, and/or copying or reproducing the Site or any portion thereof to any other server or location for further reproduction or redistribution, is prohibited without the express written consent of Sovena. You further agree not to reproduce, duplicate, or copy Content from the Site without the express written consent of Sovena, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Site. Olivari Mediterranean Olive Oil is a registered trademark of Sovena.
Although Sovena does not claim ownership of content that its users post, by posting Content to any public area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to Sovena an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Site, you automatically grant Sovena all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Site by any party for any purpose.
You agree to indemnify and hold Sovena, as well as its/their officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post, or make available through the Site, your use of the Site, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
10. GENERAL INFORMATION
The TOU and the Terms and Conditions constitute the entire agreement between you and Sovena and govern your use of the Site, superseding any prior agreements between you and Sovena. The TOU and the relationship between you and the Site shall be governed by the laws of the State of New York without regard to any conflict of law provisions. You and Sovena agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York. The failure of Sovena to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We welcome your questions and comments on this document or any aspect of the site. You may contact us by email at firstname.lastname@example.org or call Sovena at (315) 797-7070.
Terms & Conditions for Mobile Device Application
Terms & Conditions Agreement BY USING SOVENA USA INC.’S (“OLIVARI”) MOBILE DEVICE APPLICATION (THE “APP”), YOU ARE AUTOMATICALLY AGREEING TO AND SHOW THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS CONTAINED WITHIN THIS APP LICENSE AGREEMENT (THE “AGREEMENT”). BY CLICKING THE ACCEPTANCE BUTTON FOR THE APP, YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT AS THE “LICENSEE”. AFTER CLICKING THE ACCEPTANCE BUTTON, YOUR CONTINUED USE OF THE APP INDICATES YOUR CONTINUED ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT CLICK THE ACCEPTANCE BUTTON, YOU MAY NOT USE THE APP. THIS AGREEMENT IS SUBJECT TO CHANGE BY OLIVARI AT ANY TIME WITHOUT NOTICE. ALL RIGHTS TO USE THE APP ARE GRANTED ON THE CONDITION THAT SUCH RIGHTS ARE FORFEITED IF LICENSEE FAILS TO COMPLY WITH THE AGREEMENT. YOU MUST BE THIRTEEN (13) YEARS OLD OR OLDER TO USE THE APP. CHILDREN BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18) MUST HAVE PARENTAL CONSENT AND SUPERVISION.
The APP is provided free of charge, thus, there is no license fee for the APP.
2. License Agreement.
Subject to the terms and conditions of this Agreement, OLIVARI grants Licensee a limited, revocable, non-exclusive and non-transferable license-at-will (the “License”) to use the APP in order to upload content required and/or permitted by the APP. Nothing in this License will entitle Licensee to receive from OLIVARI hard-copy documentation, technical support, telephone assistance, or updates to the APP. OLIVARI may terminate this Agreement at any time, for any reason or no reason, with or without notice, and without any obligation to Licensee. Upon termination, Licensee agrees to immediately cease using the APP.
Licensee may not: (i) modify, revise, translate or create any derivative works of the APP or supporting documentation; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the APP; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the APP; or (iv) remove or alter any proprietary notices, legends, symbols or labels in the APP, including, but not limited to, any trademark, logo, copyright.
4. Proprietary Rights.
Title, ownership rights, and intellectual property rights in the APP and all copies thereof shall remain in and with OLIVARI or its assigns. The APP is protected by copyright and other intellectual property laws and by international treaties. Licensee agrees to undertake such steps as are necessary in order to protect the APP against unauthorized copying or use. BY SUBMITTING PHOTOGRAPHS AND/OR OTHER MATERIALS (COLLECTIVELY, “MATERIALS”) TO THE APP, YOU HEREBY TRANSFER ALL RIGHT, TITLE AND INTEREST IN AND TO THE MATERIALS. IN THE EVENT THAT THE RIGHTS, TITLE AND INTERESTS IN THE MATERIALS CANNOT BE TRANSFERRED, YOU HEREBY GRANTTO OLIVARI AND OLIVARI’S PARTNERS (AS DEFINED BELOW) A PERPETUAL, EXCLUSIVE, WORLDWIDE RIGHT TO USE THE MATERIALS IN ANY AND ALL MEDIA WITHOUT LIMITATION. YOU RELEASE OLIVARI AND OLIVARI’S PARTNERS FROM ANY CLAIMS OR LIABILITIES ARISING FROM THE MATERIALS AND WAIVE THE RIGHT TO PURSUE ANY CLAIM AGAINST OLIVARI AND OLIVARI’S PARTNERS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE APP, AND/OR THE MATERIALS.
5. User Conduct.
You agree not to use the APP, or any results from your use of the APP, to:
- Upload, transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
- Upload, transmit, access or communicate any data or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Upload, transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including any privacy laws of any applicable jurisdiction;
- “Spam”, “stalk” or otherwise harass another;
- Collect or store personal data or other information about other users or non-users; or
- Intentionally make available spoofed files or files with information designed to misidentify the actual content of the file.
6. Disclaimer of Warranty.
THIS APP IS PROVIDED ‘AS IS’ WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP IS WITH LICENSEE. SHOULD THE APP PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE APP IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
7. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OLIVARI’S AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, REPRESENTAITVES, AFFILIATES, SUPPLIERS, AND ADVERTISING AGENCIES (COLLECTIVELY, THE “OLIVARI’S PARTNERS”) BE LIABLE TO LICENSEE FOR DAMAGES OF ANY KIND, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY LICENSEE OR THIRD PARTIES, A FAILURE OF THE APP TO OPERATE WITH ANY OTHER PROGRAMS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, THE COLLECTIVE LIABILITY OF OLIVARI’S AND/OR OLIVARI’S PARTNERS UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO LICENSEE.
8. U.S. Government Restricted Rights.
The APP is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3) of The Rights in Technical Data clause of DFARS 252.227-7013; subparagraph (b)(3) of The Rights in Noncommercial Computer Software and Noncommercial Software Documentation clause of DFARS 252.227-7014; subparagraph (c) of DFARS 252.227-7103-5; subparagraph (a) of DFARS 227.7202-3; or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Licensee further agrees to release, discharge, indemnify and hold harmless OLIVARI and OLIVARI’s Partners from and against any claims, damages, expenses or liability arising from or related to any injuries, damages or losses to any person or property of any kind resulting in whole or in part, directly or indirectly, Licensee’s use of the APP, or use of OLIVARI or OLIVARI’s Partners’ services, including, without limitation, Licensee’s breach of any terms or representations contained in this Agreement or the use by OLIVARI or OLIVARI’s Partners of any of the rights granted by Licensee.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement will be governed by and construed in accordance with the laws of the state of New York, excluding that body of laws pertaining to conflict of laws. If any provision of this Agreement is determined by a court of law to be illegal or unenforceable, such provision will be enforced to the maximum extent possible and the other provisions will remain effective and enforceable. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the courts of New York and Licensee expressly consent to the exercise of personal jurisdiction in the courts of New York in connection with any such dispute including any claim involving OLIVARI and/or OLIVARI’s Partners. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. OLIVARI shall have the right to modify this Agreement from time to time. You understand and agree that your continued use of the APP indicates your acceptance of any such modifications, which shall become a part of this Agreement.
11. Licensee Outside the U.S.
If Licensee is located outside the U.S., then the provisions of this Section 11 shall apply. The parties confirm that this Agreement and all related documentation is and will be in the English language. If the law of Licensee’s country, state, or province of residence prohibit or limit Licensee’s ability to use the APP, then Licensee shall be responsible for complying with such laws and agrees to indemnify OLIVARI and OLIVARI’s Partners against any breach. Licensee agrees that the APP will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the APP is identified as export controlled items under the Export Laws, Licensee represents and warrants that he or she is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that Licensee is not otherwise prohibited under the Export Laws from receiving the APP.