Terms of Use

Last updated on October 13, 2013

Metasolutions, Ltd. provides to customers the ability to view material from the Internet in an innovative way. The services offered by us include our software applications (including any updates, new versions or new releases thereof), including but not limited to applications for mobile devices such as Apple’s iPad and iPhone, and devices running the Android operating system, our websites located at www.spinei.ro and www.metasolutions.ro (the “Sites”) and any other services offered in connection with our Applications or the Sites (any and all of the foregoing are referred to as the “Services”). The Services do not include any other third-party service you interact with via the Services.

Please read the following terms and conditions (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Services and set forth the legally binding terms for your use of the Services, whether or not you are an App User or a visitor of the Site. A “App User” is a person who has downloaded and installed a copy of one or more of our Applications.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE APPLICATIONS, SITE, OR SERVICES, BY DOWNLOADING THE APPLICATIONS TO ANY DEVICE OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.

 

Modification

Metasolutions reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Site or within the Applications or otherwise provide you with notice of the modification. The date of most recent revision shall be noted at the beginning of these Terms of Use. By continuing to access or use the Site or Services (including any Application) after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services. Notwithstanding the preceding sentences of this paragraph, no revisions to these Terms of Use will apply to any dispute between you and Metasolutions that arose prior to the date of such revision. These Terms of Use may only be modified in writing as set forth in this paragraph, and may not be modified orally.

 

Third Party Materials and Agreements

You may be able to access, review, display or use third party services, resources, content or information (“Third Party Materials”) via the Services. By using the Application to find and view material on the Internet, you are directing it to present the Third Party Materials that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any such Third Party Materials, and Metasolutions disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials via the Application. You further assume all responsibility for any data charges that you may incur for use of the Application and/or access to any Third Party Materials. Your ability to access or link to Third Party Materials or third party services (including any social networks) does not imply any endorsement by Metasolutions of Third Party Materials or any such third party services. You acknowledge and agree that Metasolutions: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such Third Party Materials; (c) does not undertake or assume any duty to monitor the Application for inappropriate or unlawful content; and (d) does not make any promises to remove Third Party Materials from being accessed through the Services. Notwithstanding the foregoing, Metasolutions reserves the right to block or remove Third Party Materials at any time in Metasolutions’s sole discretion.

These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third Party Materials in violation of applicable copyright law, and the owners of such Third Party Materials may have the right to seek damages against you for any such violation.

 

Privacy

 

By using the Services you are subject to Metasolution’s Privacy Policy located at spinei.ro/privacy.html, which is hereby incorporated into and made part of these Terms of Use. The Privacy Policy provides information and notices concerning Metasolution’s collection and use of your personal information. If you have any questions about the Privacy Policy, you may contact us at office@metasolutions.ro.

 

Ownership

The Site and Services are protected by copyright, trademark and other laws of Romania and foreign countries. Except as expressly provided in these Terms of Use, Metasolusions and its licensors exclusively own all right, title and interest in and to the Site and Services including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services.

Metasolutions claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.

 

Application License

 

License Grant. Subject to your compliance with the terms and conditions of these Terms of Use, Metasolutions grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install a copy of the Application onto any authorized device you own and control, and run such copy of the Application solely for your personal, non-commercial use. Furthermore, with respect to any iTunes Store Sourced App you may only use the iTunes Store Sourced App as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Metasolutions reserves all rights in the Application not expressly granted to you in these Terms of Use.

Restrictions. Except as expressly specified in these Terms of Use, you may not (a) copy or modify the Application, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Application; (b) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Application to any third party; or (c) make the functionality of the Application available to multiple users through any means, including but not limited to distribution of the Application or by uploading the Application to a network or file-sharing service or through any hosting, application services provider or any other type of service.

Proprietary Rights. The copy of the Application is licensed, not sold, to you. You agree that Metasolutions and its licensors own all right, title and interest in and to the Application, including all intellectual property rights therein, and that Metasolutions retains ownership of all copies of the Application even after installation on your mobile device.

Export Control. You may not use, export, re-export, import or transfer the Application except as authorized by Romanian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable Laws. You also may not use the Application for any purpose prohibited by law.

 

Copyrighted Materials: No Infringing Use

You may not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Metasolutions has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users or access to the Site and Services to users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.

 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at office@metasolutions.ro.

 

General Prohibitions

You agree not to do any of the following while using the Site or Services:

• Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, including but not limited to in any Third Party Materials; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar, offensive, shocking or objectionable; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual, group, class of people or characteristics of any person; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
• Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page;
• Access, tamper with or use non-public areas of the Site or Services, Metasolution’s computer systems or the technical delivery systems of Metasolution’s providers;
• Attempt to probe, scan or test the vulnerability of any Metasolutions system or network or breach any security or authentication measures;
• Access or search the Services through the use of any engine, software, tool, agent, device or mechanism other than the software provided by Metasolutions or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
• Send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use the Application to do anything misleading, malicious or discriminatory;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

Metasolutions will have the right to investigate and take all appropriate legal action to prevent, stop or deter violations of any of the above, including infringement of intellectual property rights and Site and Services security issues.

You acknowledge that Metasolutions has no obligation to monitor your access to or use of the Site or Services, or to review or edit any Third Party Materials, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Metasolutions reserves the right, at any time and without prior notice, to remove or disable access to any Third Party Materials that Metasolutions, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Site or Services.

 

Disclaimers

THE SITE, SERVICES AND THIRD PARTY MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, METASOLUTIONS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. METASOLUTIONS MAKES NO WARRANTY THAT THE SITE, SERVICES OR THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM METASOLUTIONS OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, INCLUDING THE APPLICATION REMAINS WITH YOU. NEITHER METASOLUTIONS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT METASOLUTIONS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT METASOLUTIONS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS, THIRD PARTIES OR THIRD PARTY MATERIALS, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL METASOLUTION’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN METASOLUTIONS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Metasolutions used herein are trademarks or registered trademarks of Metasolutions. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.