Public Terms and Conditions of Service

 

 

 

 

 

It is important that you read carefully and understand these terms and conditions of service. If you do not accept these terms and conditions of service, you are not permitted to access or use the services.

1. Definitions

The following terms and expressions shall have the meanings set out below.

Public - means Public Technologies Inc., 2711 Centerville road, suite 400, Wilmington 19808, DE, USA.

User - means a party utilizing Free Services or Paid Services.

Client - means a User utilizing Paid Services.

TACOS - means these Terms and Conditions of Service between the User and Public.

Service - means the services provided to User by Public including, but not limited to, news aggregation/distribution and content integration services and professional networking applications. Some of these services are accessible for free (“Free Services”), while some others require the User to pay fees (“Paid Services”) set out in the Public corporate website and in the web page used by Client to subscribe to a Paid Service.

RSS - acronym for “Really Simple Syndication”, a widely-supported format for feeds, used to deliver summaries of web content, including links to full versions of that content.

Access Credentials - means a combination of an individual code and password provided by Public to the User pursuant to which a User is enabled to access the Service.

Authorized Contributor - means a User selected by Public as a User that is authorized to manage one or more Sources.

Source - means an organization that has submitted Content to be made available using the Service, either by an Authorized Contributor or the organization that owns or controls or on whose behalf the website from which the Content has been retrieved is operated.

Content - means any material to be made available using the Service that has been submitted by an Authorized Contributor or retrieved by Public from a website owned or controlled or operated on behalf of a Source.

Public Taxonomy - means the codes used by Public to index the information made available on the Service, including Content.

Source Management - means the right of an Authorized Contributor to edit all the information related to a Source and displayed in the Service and to submit Content to be available on a Service.

Account – means all of the data and rights associated with one or more specified Users’ use of the Service.

Multi-user Account - means an Account where one or more Users are able to create one or more Associated User Accounts and are responsible for the management and use of all the Associated User Accounts and for all fees associated with such Associated User Accounts.

Associated User Account - means an Account that is created and managed by another Account.

Order Form – the form used to define specific fees, duration, renewal and payment methods applicable to specific service agreements with the Client. Order Forms are typically used to regulate Multi-user Accounts with customized pricing.

Fees - mean the fees charged for use of the Service as presented by Public in the “Services” section of the Public website, in the web page used by Client to subscribe to or access a Paid Service, in a web page that is displayed and acknowledged by Client prior to accessing a Paid Service or in the Order Form.  Public may add or change the amount of Fees at any time.

Billing Account – is the online form included in the Billing Section of the Service to be used by the Client to provide Public with all the information needed to send Invoices and process payments, including Company name, Address, Billing Address, Billing E-mail, Invoice mailing address, Phone number, Fax number, Starting and Final date of the contract, Termination notice, Billing frequency, Payment method, Payment terms, Billing method, and the list of the purchased Paid services.

2. Conditions of use of the Service

2.1. User obligations

In consideration of the use of the Service, the User represents that he, she or it is of legal age and capacity to form a binding legal agreement and he, she or it is not a person barred from receiving services under the laws of the applicable jurisdiction. The User also agrees to:

• provide true, accurate, current and complete information as prompted by the Service's registration form and
• maintain and promptly update the registration data to keep it true, accurate, current and complete.

If the User provides any information that is untrue, inaccurate, not current or incomplete, or Public has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Public has the right to suspend or terminate the User’s Account and deny such User from any and all current or future use of the Service (or any portion thereof). In using the Service, the User will:

1. obey all applicable law and comply with all local rules regarding online conduct in the country in which the User resides or from which the User accesses the Service;
2. obey any codes of conduct or other notices Public may provide;
3. obtain, maintain and be solely responsible for all costs and charges associated with all telecommunications, broadband, computer hardware or equipment and services needed to access Public’ websites to access the Service;
4. not share with any third party and maintain the confidentiality of the Access Credentials.

In using the Service, the User may not (and shall not encourage or permit any third party to:

1. engage in, facilitate or further unlawful conduct;
2. use the Service in a way that harms other Users, Public or its suppliers, affiliates, resellers, distributors and/or vendors, or any customer or advertisers;
3. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or advertise or offer to sell or buy any goods or services without Public’ express prior written consent;
4. use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial message (“spam”);
5. use any automated process or Service to access and/or use the Service (such as a BOT, a spider, periodic caching of information stored by Public, or “meta-searching”) or to otherwise reproduce or circumvent the navigational structure or presentation of the Service without Public’ express prior consent;
6. use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
7. damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with any User’s use and enjoyment of the Service;
8. resell or redistribute the Service, or any part of the Service unless the User has been specifically permitted to do so in a separate agreement with Public;
9. post or transmit anything that is threatening, harassing, degrading, hateful or intimidating, defamatory, fraudulent or tortuous, obscene, indecent, pornographic or objectionable to Public in its sole discretion, infringing of another party’s rights, gives rise to criminal or civil liability, that encourages unlawful conduct, that provides instructional information about unlawful activities, that constitutes material nonpublic information about any person without proper authorization to do so.

2.2. Access Credentials

Public may refuse to grant any User, and no User may use, Access Credentials that are already being used by another User, that may be construed as impersonating another person, that belong to another person, that violate the intellectual property or other rights of any person or that are offensive. Public reserves the right to deny the issuance or continued use of Access Credentials to or by any User or potential User in its sole and absolute discretion.  The User will receive an individual code and password upon completing the Service's registration process.  The User may access the Service only using the User’s Access Credentials. The User is responsible for maintaining the confidentiality of the Access Credentials and is fully responsible for all activities that occur using the Access Credentials. The User agrees:

• to not use the Access Credentials of any other User,
• to immediately notify Public of any unauthorized use of the Access Credentials or any other breach of security, and
• to log off from the Service at the end of each session.

Public cannot and will not be liable for any loss or damage arising from failure to comply with this Section 2.2.

2.3. Account termination

The User agrees that Public may (subject to the obligation to refund unused or refundable fees paid by the User for Paid Services according to a separate agreement between Public and the User), without prior notice, immediately terminate a User’s Account and access to the Service.  Without limiting the generality of the foregoing, Public may terminate a User’s Account for:

• breaches or violations of or actions inconsistent with these TACOS or other incorporated agreements or guidelines,
• requests by law enforcement or other government agencies,
• a request by the User (self-initiated Account deletions),
• Public’ discontinuance or material modification to the Service (or any part thereof),
• technical or security issues or problems,
• extended periods of User inactivity, excluding the Paid Services,
• a determination that the Services (or portion thereof) is, in Public's opinion, no longer commercially viable,
• non-payment of any fees owed by the Client in connection with the Services, and/or
• the User’s bankruptcy or insolvency, or if the User is affected in any jurisdiction by any matter of substantially similar effect to bankruptcy.

Termination of a User’s Account includes:

• removal of access to all date, information and offerings within the Service,
• deletion of Users' Access Credentials and all related information, files and content associated with the Account or any part thereof; the User agrees that Public may retain a copy of such data or information as is necessary for Public to preserve or exercise its legal rights, and
• barring of further access or use of the Service.

Further, the User agrees that all terminations shall be made in Public's sole discretion and that other than the refund of prepaid and refundable fees for Paid Services pursuant to a separate agreement between Public and a Client, Public shall not be liable to any User or any third party for any termination of an Account or access to the Service. The User may request to terminate his, her or its Account at any time using the web form of the Service or writing an Account Cancellation request to [email protected]. The Client is responsible for all charges and fees incurred up to the time the Account is terminated. Notwithstanding any termination, all of Public’ rights and all of the User’s obligations under these TACOS (as amended from time to time), shall survive indefinitely.

2.4. Associated User Accounts

Only the User may use his, her or its Service Account. For some parts of the Service, Public may notify the User that it may set up additional Accounts that are dependent on the User Account (an “Associated User Account”). The Client is responsible for all activities that take place with his, her or its Service Account or an Associated User Account. The User has full control over Associated User Accounts. This control includes the right to end the Service, close or alter the Associated User Account at any time, and, in some cases, to request and receive machine and Service use information related to the Associated User Account.

2.5. Software

Subject to and conditioned upon the User’s compliance with these TACOS, Public hereby grants the User a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Service solely through the website or websites maintained by or on behalf of or with the express permission of Public and solely in accordance with these TACOS. If the User receives any software from Public as part of the Service, use of that software will be subject to the terms of the license agreement that accompanies the software.  If no license agreement accompanies the software, then Public grants the User the non-exclusive, non-transferable, non-sublicensable, limited right to use the software solely to access the Service pursuant to these TACOS. Public reserves all proprietary rights to the software for itself and its licensors. Public may automatically check the version of any software that it provides the User in connection to the Service. Public may automatically download updates to the software to the User’s computer at any time and the User shall not disable or prevent such downloads or updates.  The license to use any software provided by Public in connection with the Service terminates when the User’s right to use the Service terminates, after which the User must promptly uninstall the software. Public may disable such software upon such termination. The User will not disassemble, decompile, or reverse engineer any software provided by Public, except and only to the extent that the law expressly permits such activity.  The User must comply with all domestic and international laws and regulations that apply to software provided by Public. These laws include restrictions on import, export, location of use, end users and end use.

2.6. Anti-spam Policy

The User will not spam or send unsolicited mailings to any person or entity using the Service. The User shall immediately cease using the function “Share this announcement by e-mail” and any other messaging function with regard to recipients who have requested not to receive such information. When using the “Share this announcement by e-mail” and any other messaging function, the User shall:

• not send any message that is unlawful, libellous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or otherwise objectionable; and
• not send any commercial, promotional, or solicitation information.

2.7. Public's proprietary rights

The User acknowledges and agrees that the Service and any necessary software used in connection with the Service contain proprietary and confidential information of Public and its licensors and that is protected by intellectual property and other applicable laws as well as laws regarding privacy and of personally identifiable information. The User further acknowledges and agrees that Content or information presented through the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Public and its licensors have and will own all right, title and interest, including all intellectual property rights, in the Software and the Service and all information and data generated in connection with use of the Service (other than Content owned by the User prior to accessing the Service, and the User will not take any action to jeopardize, encumber, limit, interfere or assert any ownership interest in the same.  Except for the limited license rights expressly granted in these TACOS, the User shall have no rights (implied or otherwise) in or to the Software or the Service or any information or data (other than Content owned by the User prior to accessing the Service) generated in connection with use of the Service.  Except as expressly permitted by applicable law or authorized by Public, the User undertakes not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.  Public grants the User a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of its Software on a single machine.  The User shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The User agrees not to modify the Software in any manner or form, nor to use modified versions of the Software.  The User shall not (and shall not allow any third party to) access to the Service in any manner not expressly provided for in these TACOS. The User undertakes not to access the Service through any mean other than through the website or other interface that is provided by Public to access the Service. The trade names, trademarks and service marks of Public include its name, stylized name and associated logos appearing in the Service.  Such trade names, trademarks and service marks cannot be used in conjunction with any products or services that are not Public’ or in any manner that is likely to cause confusion regarding the source of any products or services.  Nothing in these TACOS or the Service shall be construed as granting, by implication or otherwise, any license or right to use Public’ trade names, trademarks or service marks without Public’ express prior written consent.

2.8. Restrictions on linking and RSS usage

Without limiting other provisions contained in these TACOS, the User may include a link(s) on its website to Public's publicly accessible web pages (i.e., any web page which does not require a login and password and/or restrict access). The User may not link to a Public website any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights. Public may offer free RSS services. With regard to those services, the User agrees:

• to use RSS feeds only onto platforms in which a functional link is made available allowing immediate display - e.g. no intermediate or interstitial pages - of the full Content on Public platform;
• to provide proper attribution to Public as the source of the RSS feeds
• not to frame or otherwise control the browser window (if any) in which Public Content opens, including limiting the size or position of such window
• not to modify the format or branding of the headlines and other information provided in the RSS feeds
• not to associate the RSS feeds with any content that might harm the reputation of Public
• not to add to the RSS feeds any content, including any advertisements or other promotional content

Public reserves the right to object to the User’s presentation of the RSS feeds and the right to require the User to cease using the RSS feeds at any time. Public further reserves the right to terminate its distribution of the RSS feeds or change the content or formatting of the RSS feeds at any time without any notice to the User.

2.9. Restrictions on framing activities

Public is concerned about the integrity of the Service when it is accessed in a manner determined by third parties or viewed in a setting created or controlled by third parties. Accordingly, Public restricts activities such as embedding or presenting Content or any other portion of the Service within another website (“framing”). In this regard, without limiting any other provisions contained in these TACOS, the User may not frame any web page or portion thereof from a Public website or the Service except with Public's express prior written permission. Further, the User may not archive, cache, link to or mirror any Public web page or portion of a web page without Public’ prior written consent. If the User would like to use, mirror, reprint, frame, or redistribute any Public Content other than as permitted herein, the User must request express permission from Public. The User should include in the request:

• his or her name, e-mail address, and telephone number;
• the name of the company/organization he or she belongs to;
• the website address(es) where the proposed use would occur; and
• specific details about the contemplated linking, mirroring or framing activities, including the content or web page(s) of the website which the User would like to use.

Requests have to be sent to [email protected].

3. The Service

3.1. Service limitations regarding use and storage

The User acknowledges that Public may establish or modify general practices and limits concerning use of the Service, including without limitation:

• the maximum amount of Content submitted by the User, and
• the maximum size of any file that is uploaded by the User, and
• the maximum numbers of messages that may be sent from or received by a User on the Service, and
• the maximum number of messages that are stored in the message archive of a User, and
• the maximum disk space that will be allotted on Public's servers on behalf of the User, and
• the maximum number of times (and the maximum duration for which) a User may access the Service in a given period of time.

The User agrees that its provision of communications, Content or other data or information to the Service is at the User’s own risk and that Public has no responsibility nor liability for the deletion or failure to store any message and/or other communications and/or other Content maintained or transmitted by the Service. The User acknowledges that Public reserves the right to log off Users that are inactive for an extended period of time. The User further acknowledges that Public reserves the right to impose or increase the amount of fees payable in connection with the use of any portion of the Service or to modify, from time to time, provisions and limits set forth in the present section.

3.2. Modifications and discontinuance

Public reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, for any reason including but not limited to maintenance, system updates or upgrades or the occurrence of events or circumstances beyond Public’ control. The User agrees that Public shall not be liable for any modification, suspension or discontinuance of the Service.

3.3. Notice

Public can send the User certain information in connection with the Service and has the right to send certain additional information, such as information regarding the Service that the law requires Public to send the User. Public may send the User this information in electronic form. The User has the right to withdraw his, her or its consent to this, but if he, she or it does, Public may terminate the User’s right and ability to access or use the Service. Public may provide notices to User:

• by e-mail to the e-mail address the User indicated when signing up for the Service;
• by access to a Public website that will be designated in an e-mail notice at the time the information is available; or
• by access to a Public website that will be generally designated in advance for this purpose.

Notices provided to the User via e-mail will be deemed given and received on the transmission date of the e-mail. As long as the User can access and use the Service, the User has the necessary software and hardware to receive these notices. The User shall treat any document received by Public by fax or e-mail as if the document were an original delivered to the recipient by hand delivery.  A User may send notices to Public by confirmed courier delivery to Public Technologies Inc., 2711 Centerville road, suite 400, Wilmington 19808, DE, USA.

3.4. Feedback to Public

By submitting ideas, suggestions, documents, and/or proposals (“Feedbacks”) to Public through its feedback web pages, the User acknowledges and agrees that:

1. Feedbacks do not contain confidential or proprietary information;
2. Public is not under any obligation of confidentiality, express or implied, with respect to the Feedbacks;
3. Public shall be entitled to use or disclose (or choose not to use or disclose) such Feedbacks for any purpose, in any way, in any media worldwide;
4. Public may have something similar to the Feedbacks already under consideration or in development;
5. Feedbacks automatically become property of Public without any obligation of Public to the User.

The User is not entitled to any compensation or reimbursement of any kind from Public under any circumstance for the Feedbacks submitted according to the provisions set forth in the present Section.

4. Content in the Service

All information (such as texts, document files, images, videos and audio files) which the User may have access to as part of, or through the use of, the Service are sole responsibility of the Source from which such content originated. All such information is referred to as the “Content”. Public publishes Content derived from other websites in the original format without editing or changing it. When some Content is made available on the Service, Public certifies the originating Source and the fact that this Content had not been edited or altered by any mean.

4.1. Limitation of liability regarding the Content

The User understands that Public does not control or endorse the Content that is provided in the Service. Public does not guarantee the accuracy, integrity or quality of such Content and provides no verification in connection therewith.  All Content is provided as is, where is and with all faults. Under no circumstances shall Public be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service.

4.2. Financial Notice

Public is not a broker/dealer or registered investment advisor under any jurisdiction, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Service constitute an offer or solicitation to buy or sell any security. Public does not endorse or recommend any particular financial product or service. Nothing contained in the Service is intended to constitute professional advice, including but not limited to, investment or tax advice.

4.3. Content derived from other websites

The Service may include data and information extracted from documents and web pages published on other websites for search reference purposes. Public assumes no responsibility regarding the accuracy of such data or information and use of such information is at User's own risk.  Public’ websites or the Service may provide links to other websites or resources. The User acknowledges that Public may have no control over any website or resource that is not owned, controlled or operated on behalf of Public. Public is not responsible for the availability of any such external site or resource, and does not endorse any advertising, product or other materials on or available from such websites or resources.  Other websites may provide links to Public’ websites or the Service with or without Public’ authorization.  The user acknowledges and agrees that Public does not endorse any such websites and shall not be responsible for any links from those websites or any content available through such other websites. The User acknowledges and agrees that Public is not liable for any loss or damage which may incur as a result of the availability of those external sites or resources, or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, information, products or other materials on, or available from, such websites or resources.

4.4. Content submitted by the User

To improve the quality and accuracy of the Content, Public may directly authorize Users to edit and submit Content to be included in the Service. Typically a User is upgraded to an Authorized Contributor by Public if he/she is verified as the official media/investor relations representative of the Source on any official web property/online content (i.e. contact info included in press releases) belonging to/operated by/issued by the Source itself. The User agrees to not use the Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person or entity or expressly or impliedly state that Public or another party endorses any Content or statement by any User;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that the Authorized Contributor do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or remove any copyright, trademark or other proprietary rights notices from the Service or data or information gathered from the Service;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses, Easter eggs, time bombs, spyware or any other computer code, files or programs designed to interrupt, monitor, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or restrict or inhibit any other User from using the Service;
• intentionally or unintentionally violate any applicable local or international law, including, but not limited to, regulations promulgated by Stock exchange control commissions and any regulations having the force of law;
• “stalk" or otherwise harass another; and/or
• collect or store personal data about other Users.

The User acknowledges that Public may or may not pre-screen Content, but that Public shall have in its sole discretion the right (but not the obligation) to pre-screen, refuse, or remove any Content that is made available via the Service. Without limiting the foregoing, Public shall have the right to remove any Content that violates these TACOS or is otherwise objectionable. The Authorized Contributor will indemnify Public and its suppliers, partners, directors, officers, employees, representatives, and assigns for all claims resulting from the Submitted Content. The Authorized Contributor acknowledges, consents and agrees that Public may access, preserve and disclose the User's Account Information and Content, if required to do so by law or in a good faith belief that the preservation or the disclosure of such access is reasonably necessary to:

• comply with legal process;
• enforce these TACOS;
• respond to whoever claims that any Content violates the rights of third parties;
• respond to Authorized Contributor's requests for customer service; or
• protect the rights, property or personal safety of Public, its Users and the public.

By submitting, posting or displaying the Content, the Authorized Contributor gives Public a perpetual, irrevocable, sublicensable (through multiple tiers of sublicensees), worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which the Authorized Contributor has submitted, posted or displayed on or through, the Service.  The Authorized Contributor irrevocably waives any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding Content; Public requests this waiver to help ensure that it has all of the rights necessary to provide the Service. The Authorized Contributor agrees that this license includes a right for Public to make such Content available to other companies, organizations or individuals with whom Public has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services. The Authorized Contributor understands that Public, in performing the required technical steps to provide the Service, may

• transmit or distribute the Submitted Content over various public networks and through various media; and
• make such changes to the Submitted Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

The Authorized Contributor agrees that Public may take these actions. The Authorized Contributor confirms and warrants to Public that it has all the rights, powers and authority necessary to grant the above license.

5. Paid Services

This section 5 applies in all situations in which Public provides User with access to or use of a Paid Service, i.e. when the User is a Client.  In the event that Client receives access to or use of a Paid Service pursuant to a separate agreement with Public or pursuant to separate terms and conditions, and such separate agreement or terms and conditions conflict with this Section 5, such separate agreement or terms and conditions shall control.

5.1. Payment

When a Client creates a Billing Account, subject to the remainder of this Section 5, the Client shall indicate bank transfer or credit card as the preferred payment method. The Client authorizes Public to charge Billing Account, using the selected payment method, for both the Paid Service and for any paid feature of the Service for which the Client chooses to utilize or access. The Client will pay all fees in advance. In the event that Public does not bill the Client timely for any billing period, Public can nevertheless bill the Client for such billing period together with any subsequent billing period. If a Service is provided on an ongoing basis for an indefinite term or for automatic renewal terms, Public may automatically renew the Service and bill the Client for any ongoing billing period or renewal term. The Client shall pay for Paid Services alternatively by bank transfer or credit card. The invoice, which may be in e-mail or paper form, shall set forth the total amount of fees being billed to the Client. All Invoices shall be due and payable within 30 days of the date of such Invoice. The Client shall pay or procure payment of the Invoice by remitting all sums due (together with any value added tax payable thereon).

5.2. Taxes and Currency Exchange

If the Client is based within any member state of the European Union, then VAT will be charged unless a valid VAT exempt certificate is provided to Public. Currency exchange settlements are based on the agreement with the payment method provider.

5.3. Term of Paid Services

If the Client applies for Paid Services and decides to pay by credit card, the term of Paid Services is month-to-month. Every month, the credit card will be automatically billed until the Client cancel his subscription to the Paid Service. If the Client applies for Paid Services and decides to pay by bank transfer, , the term of Paid Services will be included in the Order Form. Public may terminate the Service by notifying the Client 15 days in advance with an e-mail to be addressed to the e-mail address indicated by the Client.

5.4. Updates to the Billing Account

The Client agrees to keep current all of the Billing Account information provided to Public such that Public can provide Invoices and process payments from the Client. The Client can access the Billing Section in the Service to make changes to the Billing Account information. Some Billing Account information, such as the preferred payment method, may only be changed with Public's prior consent. The Client expressly agrees that Public shall not be bound by any terms or conditions set forth on any purchase order or other payment communication to Public.

5.5. Trial Period Offers

The User may receive, in Public's sole discretion, a limited time of free service or some other trial period offer, for a duration that will be indicated by Public at its sole discretion. At the end of the trial period the User, in order to continue using the Paid Services, has to create a Billing Account and select a payment method.

5.6. Prices and Price Increases

Public reserves the right to change the amount of fees for any Paid Service.  Public will provide the Client with not less than 30 days prior notice of the effective date of any price change.  If, at the time of a price change, a Paid Service is being provided to the Client for a fixed period (e.g. an annual period) pursuant to fees previously paid by the Client, the price change will not take effect until the expiration of such fixed period.  If the Client does not wish to continue using a Paid Service after the effective date of a price increase, the Client must cancel the Paid Service and stop using it before the effective date of the price increase. If the Client cancels the Paid Service, then the Paid Service shall end at the end of the current fixed period for which Client has previously paid fees.  If the Client agrees to accept the price increase, the Client may continue using the Paid Service after the effective date of the price increase.  The Client’s failure to cancel and continued use of a Paid Service after the effective date of a price increase shall be deemed the Client’s agreement to pay the increased price.

5.7. Refund Policies

Unless otherwise provided by law, all fees and charges are non-refundable.

5.8. Invoice

In case of payment by credit card, Public will provide the Client with an online billing invoice. This is the only billing statement that Public will provide. The Client may view and print the invoice using the web form in the Service. The availability of new invoices will be notified by Public using the Billing e-mail address provided by the Client. The Client must contact Public within 120 days after an error first appears on the bill. The Client releases Public from all liability and claims of loss resulting from any error that the Client does not report to Public within 120 days after the error first appears on the online invoice. If the Client does not contact Public within this time, Public will not be required to correct the error.  In the event that Public determines that a billing error has occurred pursuant to which Public has underbilled the Client, Public can correct such error at any time.

5.9. Cancelling the Paid Services

Any Paid Service purchased online by credit card, can be cancelled at any time, with or without cause, but without any refund of previously paid fees unless Public’ has otherwise agreed in writing. The Paid Service can be cancelled by using the form in the Service. Cancellation of the Paid Service will not alter Client's obligation to pay all charges made to Client’s Billing Account. Multi-user with wire transfer as their payment method cannot be cancelled unless a Termination notice has been set in the Order Form.

5.10. Late Payments

Except to the extent prohibited by law, Public may assess a late charge if the Client does not pay on time. The Client must pay these late charges when Public bills Client for them. The late charges will be the maximum rate that is permitted by law. Public may use a third party to collect past due amounts. The Client must pay for all reasonable costs Public incurs in when collecting any past due amounts. These costs may include reasonable attorneys' fees and other legal fees and costs. Public may suspend or cancel the Service if the Client fails to pay in full on time.

6. No warranties and liability

6.1. Disclaimer and Limitation of Liability

The User agrees that use of the Service and any content, data or information obtained through the Service is at his, her or its sole risk and acknowledges that the service and content, data or information obtained through the Service is provided “as is” and “as available”, and that Public makes no warranty of any kind, express or implied, as to the Service, including, but not limited to, the implied warranties of merchantability, non-infringement, title, fitness for a particular purpose or use and any warranties that may arise from course of dealing, course of performance or usage of trade. Public hereby disclaims all statutory warranties to the greatest extent permitted by law.  A user must evaluate and bear all risks associated with the use of the Service. Public does not warrant that the Service is compatible with the User's equipment or that the Service, or e-mail sent by Public or its representative, is free of errors or viruses, worms or “Trojan horses”, or any other harmful, invasive, or corrupted files, and is not liable for any damage the User may suffer as a result of such destructive features. The User agrees that Public and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for:

• any injury or damages, whether caused by the negligence of Public, its eventual parent company, or its eventual sister companies or subsidiaries, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, general partners, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages which may occur to the User as a consequence of any claim against Public by any other party; or
• any fault, inaccuracy, omission, delay, or any other failure in the Service caused by the User's machine or arising from the use of the Service on such equipment. The content of other websites, services, goods that may be extracted from/linked to the Service is not maintained or controlled by Public. Public is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods linked to the Service or that may be used to extract information that is made available on the Service.

Public does not:

1. make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service;
2. guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods that may be linked to the Service; or
3. guarantee the accuracy, completeness, usefulness or adequacy of any Content extracted from other websites, services, goods.

Public is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment used to access the Service. The User understands that Public may choose at any time to inhibit or prohibit their Content from being accessed under these TACOS. The User acknowledges that:

• the Service is provided for information purposes only and is not intended for trading purposes of both listed and unlisted securities and of any other good or service;
• Public does not guarantee the sequence, accuracy, completeness, or timeliness of the Service;
• none of the information contained in the Service constitutes a solicitation, offer, opinion, or recommendation by Public to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and
• the information provided in the Service is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.

Accordingly, notwithstanding anything to the contrary herein set forth, Public, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to the User or any other person for any:

• inaccuracies or errors in or omissions from the Service;
• delays, errors, or interruptions in the transmission or delivery of the Service; or
• loss or damage arising there from or occasioned thereby, or by any reason of non-performance.

Under no circumstances, including but not limited to negligence, shall Public, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns be liable to the user for direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if Public has been advised specifically of the possibility of such damages, arising from use or inability to use the service or any links or items on the service or any provision of these tacos, such as, but not limited to, loss of revenue or anticipated profits or lost business. Subject to Public’ obligation to refund any prepaid and refundable fees pursuant to a separate agreement between the Client and Public, a User’s sole and exclusive remedy for dissatisfaction with the Service is to stop using the Service.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Public' total liability to the User for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence) exceed the amount paid by the User, if any, for accessing the Service.

6.2. Indemnification

The User agrees, at his, her or its own expense, to indemnify, defend and hold harmless Public, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' and experts' fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to:

• the use of the Service by the User;
• the use by someone using the User's machine (or Account, where applicable);
• a violation of these TACOS by the User or anyone using the User's computer (or account, where applicable);
• a claim that any use of the Service by the User or someone using the User's machine (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
• any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by the User or someone using the User's computer (or account, where applicable);
• any misrepresentation or breach of representation or warranty made by the User contained herein; or
• any breach of any covenant or agreement to be performed by the User hereunder.

The User agrees to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Public reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with Public in asserting any available defense. The User acknowledges and agrees to pay Public's reasonable attorneys' fees incurred in connection with any and all lawsuits brought against the User by Public under these TACOS, including without limitation, lawsuits arising from User's failure to indemnify Public pursuant to these TACOS.

7. Privacy

In order to operate and provide the Service, Public collects certain information about the User. Public uses that information as described in the http://www.publicnow.com/privacy. In particular, Public may access or disclose information about the User, including the content of Users' communications, in order to:

• comply with the law or respond to lawful requests or legal process;
• improve the features or functionality of the Service;
• protect the rights or property of Public or Public's Users, including the enforcement of these TACOS; or
• act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Public's employees, Users or the public.

Public may use technology or other means to protect the Service and Users, or stop Users from breaching these TACOS. These means may include, for example, filtering to stop spam or increase security. These means may alter or prevent access to and use of the Service. In order to provide the Service, Public may collect certain information about Service performance, Users' machine (i.e. any equipment used by the User in order to access the Service) and Service use. Public may automatically upload this information from the User's machine. The User may read about this information collection in more detail in the Privacy Policy at http://www.publicnow.com/privacy.  These TACOS incorporate the terms and conditions of the Privacy Policy. The User understands that through the use of the Service the User consents to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to Italy and/or other countries for storage, processing and use by Public.

8. Copyright and trademarks

8.1. Trademark information

The “Public” and “Public gateways to facts” trademarks and service marks and any Public logo and product and service name are trademarks of Public Technologies Inc. The User agrees not to display or use in any manner the Public's trademarks, unless in case of Public's prior permission.

8.2. Public Taxonomy

The User acknowledges that the indexing codes (the “Public Taxonomy”) used for retrieving and classifying information from the Service are owned by Public, and that such indexing codes are protected by copyrights, database rights and/or trademarks owned by Public. The User may use the indexing codes solely to access information from the Service and may not otherwise copy, publish, re-distribute or otherwise use such codes.

8.3. Copyright or intellectual property infringement

In the United States, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on through the Service infringe your copyright, you (or your agent) may send Public a notice requesting that Public remove the material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Public a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/ for details.  Notices and counter-notices should be sent by email to [email protected] or mailed to the address set forth below, or by faxing Public at the fax number set forth below. We suggest that you consult your legal advisor before filing a notice or counter-notice. For any claim of copyright or intellectual property infringement please provide the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that is claimed to have been infringed;
3. a description of where the allegedly infringing material is located on the site;
4. the address, telephone number, and e-mail address of the authorized person;
5. a statement by the owner of the copyright or other intellectual property interest or by its agent about the unauthorized use, and the indication of the law(s) which such unauthorized use is allegedly in breach of;
6. a statement by the authorized person made under penalty of perjury, that the above information in the notice is accurate and that the authorized person is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Claims of copyright or intellectual property infringement must be sent cumulatively:

• by registered mail: Copyright c/o Public Technologies Inc., 2711 Centerville road, suite 400, Wilmington 19808, DE, USA,
• by fax: +39 010 8683488,
• by email: [email protected].

9. General Terms

These TACOS constitute the entire agreement between the User and Public and govern the User's use of the Service, superseding any prior agreement between the User and Public with respect to the Service. The User also may be subject to additional terms and conditions that may apply when the User uses or purchases certain other Public services.

9.1. Acceptance of terms

In order to use the Service, the User must first agree to these TACOS. The User may not use the Service if he, she or it doesn't accept these TACOS. The User can accept these TACOS by:

• clicking to accept or agree to these TACOS, where this option is made available by Public in the sign-up page of the Service;
• by using any Access Credentials provided by Public or using the Service; or
• by signing the Order Form.

In addition to these TACOS, certain features, services or promotions made available through the Service may be governed by specific terms and conditions that are separate from these TACOS and made available to the User through the Service through link or otherwise.  By using any such feature or service or participating in such promotion, the User will become subject to those other terms and conditions.  To the extent that such other terms and conditions conflict with these TACOS, such other terms and conditions shall control.  These TACOS and the agreements and terms incorporated herein supersede all prior or contemporaneous agreements or representations, written or oral, concerning the Service.  Except as provided herein, no other amendment or modification of these TACOS will be effective unless in writing and signed by a duly authorized representative of Public.

9.2. Modifications to these TACOS

Public reserves the right to amend these TACOS, and/or remove and/or add provisions to it at any time, including any change to fees payable in connection with use of the Service. The User can review the most current version of these TACOS at any time at http://www.publicnow.com/terms. Such modifications shall be effective from the moment they are posted. The User agrees that a printed version of these TACOS (as amended from time to time) shall be admissible in judicial or administrating proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Accordingly, the User should review these TACOS each time he, she or it accesses or uses the Service. The use of Access Credentials provided by Public or use of the Service, after the posting of modifications to these TACOS, will constitute acceptance of these TACOS, as modified.  When using the Service, the User must comply with any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into these TACOS.

9.3. Language of these TACOS

Where Public has provided a translation of the English language version of these TACOS, then the User agrees that the translation is provided for convenience only and that the English language version of these TACOS will govern the User's relationship with Public. If there is any contradiction between what the English language version of these TACOS says and what a translation says, then the English language version shall take precedence.

9.4. Headings

The section titles in these TACOS are used solely for the convenience of both the User and Public and have no legal or contractual significance.

  9.5. Transfer of these TACOS

Public may assign or transfer this Agreement or all or any of its rights and/or obligations under these TACOS to any holding company or subsidiary of it. The contract entered into by Public and the User may not be assigned or sub-licensed to any third party by the User without the prior written consent of Public.

9.6. Waiver and Severability of Terms

The failure of Public to exercise or enforce any right or provision of these TACOS shall not constitute a waiver of such right or provision. If any provision of these TACOS is found by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision will be enforced to the extent possible consistent with the stated intentions of the parties and the other provisions of these TACOS shall nonetheless remain in full force and effect.

9.7. Choice of Law and Forum

The Service is hosted by or on behalf of Public from Italy and is not intended to be subject to the laws or jurisdiction of any state, country or territory other than those of Italy.  Users who choose to access the Service do so at their initiative and risk and are responsible for complying with all local laws, rules and regulations applicable to them.  Public reserves the right to limit the availability of the Service, in whole or in part, to any person in any geographic area or jurisdiction that Public chooses.  These TACOS and any relationship between the User and Public connected to the Service shall be governed and construed in accordance with the laws of Italy.  These TACOS and the relationship between Public and the User will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.  Public will not be liable because of any failure or delay in the performance of its obligations on account of riots, fire, flood, storm, earthquake, acts of God, hostilities, Internet or other network delays or failures or power failures or any other cause beyond Public’ control. The User and Public agree to submit any dispute arising under or related in any way to these TACOS to the exclusive jurisdiction of the courts located within the city of Genoa, Italy. Notwithstanding this, the User agrees that Public shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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