User Agreement

Introduction

User Agreement – Contract

When you use PBV Monitor Services you agree to all of these terms.

Your use of our Services is also subject to our Cookie Policy and Privacy Policy , which covers all the matters concerning use, share, and store of your personal information.

By clicking “Join”,” Sign Up”, or similar, registering, accessing and using our Services, you agree to enter into a legally binding contract with PBV Monitor. If you do not agree to this Contract (User Agreement), do not click on the aforementioned “Join”, “Sign Up” and similar nor access or use our Services in any way.

You can terminate this Contract at any time by closing the account and no longer accessing nor using PBV Monitor Services.

Services

This Contract applies to PBVMonitor.com, PBV Monitor-branded apps, and other PBV Monitor-related sites such as Global Legal Chronicle, apps, communications and services, including off-site Services, but excluding services that state that they are offered under a different privacy policy.

PBV Monitor

You are entering into this Contract with PBV Monitor (also referred to as “we” and “us”).
PBV Monitor uses the term “Designated Countries” to refer to countries in the European Union (EU), European Economic Area (EEA), and Switzerland.
This Contract applies to Members: the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other reference document in it) and updates.

Members

When you register and join the PBV Monitor Services, you become a Member.

Change

We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. In case of any material change to it, we will notify you about the changes through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes can be retroactive. Your continued usage of PBV Monitor Services after being notified about the changes means that you are consenting to the updated terms. If you do not agree to any changes, you may close your account at any time.

Obligations

Your Account

You will be responsible to keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. As a Member, you agree to use a strong password and keep it confidential; not to transfer any part of your account and follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.

Payment

You will honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.

Refunds are subject to our policy.

If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees. Failure to pay these fees will result in the termination of your paid Services.
Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
  • All of your purchases of Services are subject to PBV Monitor’s refund policy1.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Notices and Messages

You agree to us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out important notices.

Sharing

When you take actions on our Services, when you share information on PBV Monitor Services, others can see, copy and use that information.

PBV Monitor allow messaging and sharing of information in many ways (your profile, articles, group posts, links to news articles, job postings, messages and DMs. Information) and any content that you share, or post may be seen by other Members.

We will make sure to honor the choices you make about who can see your content or information where we made the settings available.

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

Right & Limits

Your License to PBV Monitor

You are the owner of the any content, feedback and personal information you provide to us, but by using our Services you are also granting us a non-exclusive license to it.
We will make sure to honor the choices you make about who can see your content, including how it can be used for ads.

As between you and PBV Monitor, you own the content and information that you submit or post to the Services, and you are only granting PBV Monitor and our affiliates the following non-exclusive license: worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others.

These rights are limited in the following ways:

  1. You can end the license for specific content by deleting such content from the Services, or by closing your account, except when shared it with others as part of the Service and they copied, re-shared it or stored it and for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy.
    If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.
  3. We will get your consent if we want to give others the right to publish your content beyond the Services. However, if you choose to share your post as public, we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable though their services. 
  4. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

You agree with us, PBV Monitor, that if the content includes personal data, it is subject to our Privacy Policy. You agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy and your choices (including settings).

You promise to only provide information and content that you have the right to share, and that your PBV Monitor profile will be truthful, that does not violate the law nor anyone’s rights (including intellectual property rights). PBV Monitor might be required by law to remove certain information or content in certain countries.

If you submit suggestions or feedback concerning our Services, you are agreeing that We can use and share such feedbacks for any purpose, without compensation to you.

Service Availability

We may change or end any Service or modify our prices prospectively. We may also change, suspend or discontinue any of our Services. We may modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

Other Content, Sites and Apps

Your use of others’ content and information posted on our Services, is at your own risk. Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. Members have choices regarding this feature.

Limits

We have the right to limit how you connect and interact on our Services, including the number of your connections and your ability to contact other Members. PBV Monitor reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.

Intellectual Property Rights

We’re providing you notice about our intellectual property rights.
PBV Monitor reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. PBV Monitor, and “in” logos and other PBV Monitor trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of PBV Monitor.

Automated Processing

We use data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you.

Disclaimer and Limit of Liability

These are our disclaimers of legal liability for the quality, safety, or reliability of our Services and the limits of legal ability we may have to you.

No Warranty

PBV Monitor and its affiliates make no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis. to the fullest extent permitted under applicable law, PBV Monitor and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

Exclusion of Liability

To the fullest extent permitted by law (and unless PBV Monitor has entered into a separate written agreement that overrides this contract), PBV Monitor, including its affiliates, will not be liable in connection with this contract for lost profits or lost business opportunities, reputation (e.g., offensive or defamatory statements), loss of data (e.g., down time or loss, use of, or changes to, your information or content) or any indirect, incidental, consequential, special or punitive damages.

PBV Monitor and its affiliates will not be liable to you in connection with this contract for any amount that exceeds (a) the total fees paid or payable by you to PBV Monitor for the services during the term of this contract.

Basis of the Bargain and exclusions

The limitations of liability in this Section 4 are part of the basis of the bargain between you and PBV Monitor and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if PBV Monitor or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

Termination

We can each end this Contract, but some rights and obligations survive.

Both you and PBV Monitor may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services.

The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members rights to further re-share content and information you shared through the Services;
  • Sections 4, 6, 7, and 8.2 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.

Governing Law & Dispute Resolution

In the unlikely event we end up in a legal dispute, you and PBV Monitor agree to resolve it in Milan courts using Italian law.
This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. 

If you live in the Designated Countries:
You and PBV Monitor agree that the laws of Italy, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and PBV Monitor agree that claims and disputes can be litigated only in Milan, Italy, and we each agree to personal jurisdiction of the courts located in Milan, Italy.

For others outside of Designated Countries:
You and PBV Monitor agree that the laws of Italy, excluding conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and PBV Monitor agree that claims and disputes can be litigated only in Milan, Italy, and we each agree to personal jurisdiction of the courts located in Milan, Italy.

General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don’t act to enforce a breach of this Contract, that does not mean that PBV Monitor has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that PBV Monitor may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided.

PBV Monitor “Dos & Don’ts”

Dos

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate and truthful information to us and keep it updated;
  3. Use your real name on your profile; and
  4. Use the Services in a professional manner.

Don’ts

You agree that you will not:

  1. Create a false identity on PBV Monitor, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  2. Develop, support or use any means or processes to scrape the Services or otherwise copy profiles and other data from the Services;
  3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of PBV Monitor;
  5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
  7. Violate the intellectual property or other rights of PBV Monitor, including, without limitation, copying or distributing our learning videos or other materials or copying or distributing our technology, unless it is released under open-source licenses; using the word “PBV Monitor” or our logos in any business name, email, or URL;
  1. Post anything that contains software viruses, worms, or any other harmful code;
  2. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  3. Imply or state that you are affiliated with or endorsed by PBV Monitor without our express consent;
  4. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without PBV Monitor consent;
  5. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without PBV Monitor consent;
  6. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  7. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  8. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  9. Overlay or otherwise modify the Services or their appearance;
  10. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  11. Violate the Professional Community Policy or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

Complaints Regarding Content

PBV Monitor respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process2 for complaints concerning content posted by our Members.

1 Except as required by law, payments are non-refundable, including fees and other charges. Please see additional details below.

2 PBV Monitor respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, We provide a process for submission of complaints concerning content posted by our Members.
Our policy and procedures are described and/or referenced in the sections that follow.
Please note that whether or not we disable access to or remove content, PBV Monitor may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that PBV Monitor has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury.
A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.