Amanuens Terms of Service

Last modified: 2010-12-21 — Print this document

Our ToS In Short

We're an Italian company, thus we're subject to the Italian laws.

Our Promise

We'll do our best to provide an excellent service.
We're fanatic about our users, and we'll do our best to accommodate your needs and requests.
We're paranoid about backups and data security, and we'll do our best to never, ever lose even one bit of your data.
Our service has write access to your data: we understand that this is somewhat critical, and we'll do our best to prevent any broken or invalid data to get into your repository.

That said...

Things do break sometimes, so you might encounter errors and malfunctions.
You might need a very specific feature that is vital to your business. Such feature might also be too complex to build, so we might not be able to add it.
Do not rely on our service as a secure, permanent data store.
Backup your repository regularly, just in case.

Full Terms of Service

Amanuens.com or Amanuens is a hosted Service operated by Threeplicate Srl. Any use of the Service is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to Privacy Policy. Your use of Amanuens.com constitutes your acceptance of these Terms and Conditions.

Your Account

If you create an account on Amanuens, then you are the owner of that account and all Content stored therein. Threeplicate Srl will not disclose any of your Content unless required to do so by court order or other legal action. However, you are solely responsible for maintaining the security of your account. You are also fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Threeplicate Srl of any unauthorized uses of your account or any other breaches of security.

Responsibility of Participants

If you participate in an account on Amanuens, you are responsible for the Content of that project and any harm resulting from that Content, regardless of whether the Content in question constitutes text, graphics, an audio/visual file or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
the Content is not spam, and does not contain unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and
the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party.

For purposes of these Terms of Service (including this Section 2), to "participate in an account" means to create an account, to access an account, to read or display any portion of an account or, to use Amanuens in any other way in connection with an account.

For purposes of these Terms of Service (including this Section 2), "Content" is defined as any material posted to, downloaded from or otherwise made available or accessed by means of or any link to and from Amanuens.

Payment for Services

Each Amanuens account has a balance either in Euros or US Dollars. You can top-up such balance at any time using the appropriate procedure available in the website. All Amanuens accounts are available for use and can be accessed if and only if the account balance is greater than zero. In case the account balance is zero or less than zero due to regular service consumption charges, you have 14 (fourteen) days to top-up the account balance to a positive amount or to delete all data stored in the account. If you don't top-up the balance in such terms, your account and all data therein stored will be deleted.

If you purchase additional services offered via the Amanuens platform, you will be prompted to accept specific terms and conditions applied to said services.

Responsibility of Amanuens Visitors

Each visitor to Amanuens is solely responsible for taking precautions as necessary to protect himself and his computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Threeplicate Srl has not reviewed, and cannot review, all of the material, including computer software, posted to Amanuens, and therefore cannot be responsible for that material's Content, use or effects. By operating Amanuens, Threeplicate Srl does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. Threeplicate Srl disclaims any responsibility for any harm resulting from use of the Service.

Removal of Content

At its sole discretion, Threeplicate Srl may (but is not required to) remove Content from Amanuens that it deems:

a violation of any Threeplicate Srl policy, including these Terms of Service and the Privacy Policy
harmful or objectionable
threatening
libelous, defamatory or false
subject to copyright and/or trademark laws or protection
pornographic or obscene.

Copyright Infringement

As Threeplicate Srl asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your copyright, you are encouraged to notify Threeplicate Srl, which will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a participant who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Threeplicate Srl or others, Threeplicate Srl may, in its discretion, terminate or deny access to and use of Amanuens. In the case of such termination, Threeplicate Srl will have no obligation to provide a refund of any amounts previously paid to Threeplicate Srl.

Limitation of Warranties

All Content posted to or available from the Service is provided "as is", and Threeplicate Srl and its owners, suppliers and licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain Content or Services through, Amanuens at your own discretion and at your own risk, and that Threeplicate Srl and its owners, suppliers and licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such Content or Services.

Limitation of Liability

In no event will Threeplicate Srl and its owners, suppliers and licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of Amanuens, or the Contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Threeplicate Srl, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Threeplicate Srl and its owners, suppliers and licensors arising out of or related to use of the Service, or the Contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Threeplicate Srl during the 6-month period prior to the date a claim is made. You specifically agree that this Section represents a reasonable allocation of risk between you and Threeplicate Srl and its owners, suppliers and licensors.

Miscellaneous Provisions

The Service, including without limitation all Content and features therein available and these Terms and Conditions, may be changed at the sole discretion of Threeplicate Srl and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions. You agree to periodically review these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between Threeplicate Srl and you concerning the subject matter hereof, and can only be modified by a written amendment signed by an authorized executive of Threeplicate Srl, or by the posting by Threeplicate Srl of a revised version on Amanuens.com.
You agree to defend, indemnify and hold harmless Threeplicate Srl and its owners, suppliers and licensors from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Amanuens, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
Any dispute arising out of or related to, directly or indirectly, the Service and its use shall be governed by the laws of Italy. The proper venue for any such dispute shall be in Milano, Italy.
A waiver or failure to enforce by either party of any term or condition of these Terms and Conditions or any breach thereof will not waive such term or condition or any subsequent breach thereof.