www.myr.eu.com is a website run by MYR S.r.l. ("Company"). The Company is legally registered in Italy, in the city of Jesolo (VE) at the address, Piazza Brescia 10/C. The Company's VAT number is 04440120275.
These terms and conditions govern use of the MYR website or services, as well as the software included in the Services, including all the applications, content Files (defined below), scripts, instruction sets and any other related documentation (collectively, "Software"). By using the Services or Software, the user ("End-User") accepts these terms and conditions. If End-User has stipulated a different contract with MYR for the Services or Software in question, the terms and conditions of that contract will take precedence, should there be any conflict with the terms and conditions of this contract.
By using the Company's website, End-User confirms that it accepts and complies with these terms and conditions of use. If End-User does not agree with these terms and conditions, it must not use the Company's website. The Company advises End-User to print a copy of the terms and conditions contained herein, for future reference.
1. Performance of this contract.
1.1 Applicable law
Italian law will apply and be applied to all relations between MYR and End-User.
1.2 Eligibility.
End-User must be at least 14 years old to use the Services.
1.3 Privacy.
The Company's privacy statement can be found at the link http://www.myr.eu.com and governs how personal information provided by End-User to MYR is used. By using the Services or Software, End-User accepts the conditions of the privacy statement.
1.4 Information on desktop application use.
End-User has the option to share information with MYR on how End-User uses MYR desktop applications and services. This option is active by default. The information is associated with End-User's MYR account and enables MYR to provide a more personalized user experience, as well as improve the features and quality of MYR products. End-User may change its settings at any time from the MYR Account Management page. For further details concerning information on desktop application use, go to http://www.myr.eu.com
1.5 Availability.
The pages that describe the Services are accessible worldwide, but that does not mean that all Services or their features and functions are available in End-User's country, or that the content generated by End-User and put on line through the Services is legal in End-User's country. MYR may block access to certain Services (or to certain features or content of the services) in some countries. It is the End-User's responsibility to ensure that it can legally use the Services in a specific location. The Services are not available in every language.
1.6 Software Licenses.
Some Services or Software are also governed by their respective software license agreement. Any content provided by MYR to End-User (for instance, Software, SDKs, models, and so on) is granted by license, not sold, to End-User, and may be subject to separate license agreements, which may be periodically updated.
1.7 Prevailing terms and conditions.
In case of any conflict between the terms and conditions of this agreement and those of the software licenses, the latter will prevail with regard to the Service or Software in question.
1.8 Modifications.
MYR may modify, update or stop its provisioning of Services and Software (including relative portions or functions of them) at any time and without any liability towards End-User or third parties. However, MYR will make every reasonable effort to notify End-User before making any changes. Furthermore, MYR will grant End-User a reasonable amount of time to download End-User's own content.
2. Use of the Service.
2.1 Terms and conditions of use.
End-User may access Services and use them in compliance with these terms and conditions and with existing laws.
2.2 Viewing the website.
The Company's website is available free of charge.
The Company does not warrant that the website, or any of its content, will always be available or free of interruption. The Company could suspend it, remove it or limit availability of all or some of its parts for operational or company-related reasons. In case of suspension or removal of the website, the Company will try to ensure that reasonable advance notice is given to End-User.
Furthermore, End-User is responsible for ensuring that every person who accesses the Company's website via End-User's Internet connection knows and accepts these terms and conditions of use and any other applicable terms and conditions.
2.3 MYR intellectual property.
MYR and its licensees remain the sole owners of any right, title and interest related to the web Service and the Software. Furthermore, the Company is the owner and license holder of all rights to intellectual property on the website and in the material published there. MYR holds and reserves all rights not granted by and in these terms and conditions.
End-User may print a copy of and download excerpts from any page on the Company's website for the sole purpose of personal consultation and may inform others within its organization about content published on the website.
End-User may not modify any paper or digital copies of any printed or downloaded material in any form. Furthermore, End-User may not use any illustration, photograph, video, audio sequence or graphics separately from their original accompanying file. The Company name must always be recognized in any material extracted or downloaded from the website.
End-User may not use any part of the material extracted or downloaded from the website for commercial purposes without a license granted by the Company or its licensors.
If End-User prints, copies and downloads any part of the material from the website, thereby violating these terms and conditions of use, End-User's right to use the Company's website will be immediately terminated and, upon request by the Company, End-User must return or destroy any copy of the Material it has produced.
2.4 Storage.
When Services include storage, End-User is advised to continue making regular backups of its content. MYR may impose reasonable technical limits on End-User's content; for instance, in terms of file size, storage space, computing and data processing power, or other. MYR may suspend Services if End-User exceeds the storage space limits associated with its account, lifting the suspension only when End-User is below that limit.
2.5 Content generated by End-User.
We can host content generated by our users. By accessing our Services, End-User may come into contact with content that End-User may find offensive or disturbing. The only remedy is simply to avoid viewing that content. To report any such content, users can click the "Report" button, if available.
2.6 Reliability and completeness of the information on the website.
The content on the Company's website is provided solely for general information purposes. It is not suitable for consulting purposes as it cannot be relied upon. Before taking action, or refraining from taking action, based on the website content, we advise End-User to seek professional or expert opinion.
Notwithstanding the reasonable efforts taken to update information on the website, the Company gives no statement or warranty, either implied or explicit, with regard to the accuracy, completeness and up-to-dateness of the website content.
2.7 Links to third-party websites.
The Company's website contains links to other websites and resources provided by third parties. These links on the Company's website are provided solely for End-User's convenience and they can help it find other useful information on the Internet. When End-User clicks on these links, it will leave the Company's website and be sent to another website. The Company has no control over the content of those websites and resources.
The Company is not responsible for the content of third-party websites. The Company is not an agent of those third parties and does not promote or warrant their respective products. The Company makes no statement or warranty regarding the accuracy of the information on those websites. The Company advises End-User to always check and verify the information obtained from third-party websites before taking any action based on that information.
Furthermore, End-User must be aware of the fact that the statements on security and privacy on these websites can differ from those of the Company. Therefore, End-User must carefully read all third-party security and privacy statements. If End-User has any doubts or questions about the products and services provided by third-party websites, End-User must contact those third parties directly.
2.8 Viruses and harmful software.
MYR does not warrant that its website will be fully protected or free of bugs or viruses.
End-User is responsible for the configuration of its own computer devices, programs and platforms used to access the Company's website. End-User must use its own virus protection software.
End-User must not use in any improper way the Company's website by knowingly introducing viruses, Trojan Horses, worms, logic bombs or other dangerous or technologically harmful material. End-User must not try to obtain unauthorized access to the website, to the server the Company's website is on and to any other server, computer or database connected to the Company's website. End-User must not hit the Company's website with DoS (Denial of Service) or DDoS (Distributed Denial of Service) attacks. By violating these provisions End-User would commit a criminal offense. The Company will report any violation to the legal authorities and will cooperate with them by giving them End-User's identity. If a violation is found to have been committed, End-User's right to use the Company's website will be immediately terminated.
3. End-User's personal content.
3.1 Ownership.
End-User retains all rights to and ownership of its own content. MYR makes no claim to ownership of End-User's content.
3.2 MYR Access.
MYR will access, view or listen to End-User's personal content in a limited manner. For instance, to provide Services, MYR may need to access, view or listen to End-User's personal content in order to: (a) respond to requests for assistance; (b) detect, impede or otherwise address fraud, offences and security or technical problems; (c) take measures aimed at ensuring compliance with these terms and conditions. MYR's automated systems may analyze End-User's personal content by using techniques such as automatic learning. This analysis may occur when content is sent, received or stored. By using this analysis MYR is able to improve the Services.
3.3 Limited access to End-User's personal content.
MYR does not monitor or control third parties' use of End-User's personal content. It is up to End-User to set limits on its own content and to apply adequate restrictions to access. If End-User does not select a specific level of access restriction to apply to its personal content, the system may set the most permissive level as default. It is End-User's responsibility to notify other users how its content can be shared, as well as to change settings regarding access to and sharing of that content.
3.4 Cancellation of license agreement.
End-User may cancel the license related to its content and suspend MYR's rights at any time by removing its content from the Service. However, some copies of the content could be saved following routine backups performed by MYR.
3.5 Feedback.
End-User is not obliged to provide MYR ideas, suggestions or proposals ("Feedback"). However, any Feedback that is sent to MYR grants MYR a non-exclusive license for that Feedback that is worldwide, royalty-free, transferable and sublicensable, to deliver, use, sell, have delivered, offer for sale, import, reproduce, publicly view, distribute, modify and publicly perform that Feedback.
4. Information on the account.
End-User is responsible for all activity that takes place through its account. End-User is requested to immediately inform Customer Assistance should End-User discover any unauthorized use of its account. End-User may not (a) share its account data (with any party who is not an authorized account administrator) or (b) use another person's account. The account administrator may use account data to manage End-User's activity and End-User's access to the Services.
5. End-User's conduct.
5.1 Responsible use.
The MYR communities are often made up of users who expect a certain level of courtesy and professionalism. End-User must use the Services in a responsible manner.
5.2 Improper use.
End-User must not improperly use the Services, Software or content provided by MYR as part of the Services. For instance, it is strictly forbidden:
(a) to copy, modify, host, transmit, sublicense or resell the Services, Software or content;
(b) to enable or permit others to use the Services, Software or content using End-User's own account data;
(c) to use the content or Software included in the services to create any type of database;
(d) to access or attempt to access the Services by means that are different from the provided or authorized interface;
(e) to circumvent limits on access or use that have been set in order to prevent certain uses of the Services;
(f) to share content or behave in any way that violates intellectual property rights (where "Intellectual Property Rights" means copyrights, moral rights, privacy rights, the right of publicity, and any other property rights);
(g) to upload or share any content that is illegal, dangerous, threatening, abusive, offensive, illicit, defamatory, libelous, vulgar, obscene, blasphemous, harmful to the privacy of others, or that incites hatred;
(h) to pretend to be a natural or legal person, make false statements with regard to one's relationship with a natural or legal person or otherwise give a distorted idea of that relationship;
(i) to try to deactivate, alter or destroy Services, Software or hardware;
(j) to interrupt or hinder use of the Services by other users, or interfere with that use (for instance, by harassment, intimidation or abuse, or inciting others to commit acts of violence or harm underage children);
(k) to send chain letters, unwanted mail, pyramid schemes, spam or other unrequested messages;
(l) to advertise or publicize products or services through the Services, without prior written consent from MYR;
(m) to use data mining or other similar methods to gather and extract data in relation to the Services;
(n) to violate any existing laws.
6. Charges and payment.
6.1 Third-party Charges and Fees.
End-User must pay any applicable third-party fees and charges (for instance, landline and cellular telephone charges, ISP fees, data plan fees, credit card fees, exchange rates, foreign transaction charges, and so on). MYR is not liable for any of these charges and fees. For any questions related to charges and fees, contact your financial institution. MYR may take any necessary measures to collect any charges and fees owed. End-User is liable for any charges and all costs connected with credit recovery.
6.2 Credit card information.
If End-User does not notify MYR of any changes it may make to its payment method, in order to avoid service interruption MYR may take part in programs provided by credit card companies to try to update End-User's payment method. End-User authorizes MYR to issue invoices with the updated payment information it has received.
7. Cancellation of service or software use.
7.1 Cancellation by End-User.
End-User may cancel and stop using the Services at any time. Closing its account does not relieve End-User of its obligation to pay any and all outstanding costs and charges.
7.2 Cancellation by MYR.
In case of termination of these terms and conditions for reasons other than just cause, MYR will make every effort, as far as possible, to send End-User, at least 30 days prior to termination, to the e-mail address provided by End-User, the instructions on how to recover its owned content. MYR may suspend, at any time, End-User's right to use and to access the Services or Software, if:
(a) End-User violates one of the provisions in these terms and conditions (or acts in such a way as to clearly indicate that End-User does not intend or is not able to comply with these terms and conditions);
(b) End-User is unable to promptly cover the costs of the Service or Services, where required;
(c) MYR is obliged to do so by law (for instance, in any case where providing Services or Software to End-User is, or becomes, illegal);
(d) MYR decides to stop providing the Services or Software, in full or in part (for instance, if it is impossible to continue providing the Services in the End-User's region due to changes in existing law);
(e) there has been a prolonged period of inactivity in the End-User's free account.
8. Inspection.
8.1 Screening.
MYR does not examine all content uploaded to the Services, but it may use available technology and procedures to identify certain types of illegal content (for instance, child pornography) or other illicit or illegal content or conduct (for instance, types of activity that indicate spamming or phishing, or key words that indicate that content prohibited to minors has been uploaded outside the area reserved for adults).
8.2 Disclosure.
MYR may access information related to End-User or to End-User's use of the Services and disclose it:
(a) when requested by law (for instance, when presented a valid subpoena or search warrant);
(b) to replay to customer service requests;
(c) when, at its own discretion, MYR deems it is necessary in order to protect rights, property or personal safety of the company, users or public.
9. Compliance with end-user licenses.
If End-User represents a business, company or organization, MYR has the right, though not more than once every 12 months and with prior notice of 7 days, to task its personnel or an independent outside inspector, subject to privacy obligations, to check (using manual and/or electronic methods) End-User's registers, systems and structures to verify that the installation and use of any Software or Service complies with the valid end-user licenses that have been granted. Furthermore, within thirty (30) days from MYR's request, End-User will provide MYR with all registers and information needed to verify that the installation and use of any Software or Service complies with the valid end-user licenses that have been granted. If the inspection reveals any missing license for the Software or Services, End-User must immediately purchase all necessary licenses and subscriptions, as well as any applicable support and maintenance. If unpaid fees exceed 5% of the amount due, End-User must also bear all reasonable costs of the inspection carried out by MYR.
10. Changes to the terms and conditions of use.
MYR may modify these terms and conditions, or any additional terms and conditions applicable to a Service or Software; for instance, to respond to any changes made to existing laws, Services or Software. End-User must regularly consult the terms and conditions. Any changes made to these terms and conditions will be highlighted on this page. Any changes made to licenses will be highlighted within the Service or Software in question. Each time End-User wants to use the Company's website, End-User must consult these terms and conditions to ensure that it fully understands the applicable terms and conditions in effect at that moment.
By continuing to use the Services or Software, or by accessing them after the changes have come into effect, End-User accepts and is bound by the updated terms and conditions.
11. Miscellaneous.
11.1 Italian language version.
The Italian language version of these terms and conditions is the version that will be used for any legal or other interpretation.
11.2 Contacting MYR.
End-User may contact MYR at: MYR S.r.l., Piazza Brescia, n. 10/C (30016) Jesolo (VE). Mail: info@myr.eu.com
11.3 Contacting End-Users.
MYR may contact End-Users by e-mail, letter, message sent through the Services, or by any other legally acceptable medium.
11.4 Indivisible contract.
These terms and conditions make up the entire agreement between MYR and End-User with regard to the use of the Software and Services.
11.5 Non-assignment.
End-User may not assign or otherwise transfer this agreement or the rights and obligations associated with them, in whole or in part, without the written consent of MYR, and any attempt to do so will be considered invalid. MYR may transfer to third parties its rights deriving from these terms and conditions.
11.6 Separability.
If a specific term or condition is invalid, that invalidity does not prejudice the other terms and conditions.
11.7 Non-waiver.
Any failure by MYR to comply with or perform one or more of these terms and conditions does not constitute a waiver of the article in question.