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osteocom.me Terms of Service

Welcome and thank you for your interest in the osteocom website (the “Website”) and the educational services and content made available on the Website by osteocom.net Srl. (“osteocom” or “We”).

These Terms of Service contain the terms and conditions that govern all use of the Website and all content, services and/or products available on or through the Website (collectively, the “osteocom Services”).

The osteocom Services are offered to you subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, osteocom Privacy Policy, Cookies Policy, Guidelines as defined below), any future modifications, and procedures that may be published from time to time on the Website or otherwise made available to you on or through osteocom Services (collectively, the “Terms”). When accepted by you, the Terms form a legally binding contract between you and osteocom. If you are entering into the Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.

Visitors of the Website and users of osteocom Services are referred to herein individually as “User” and collectively as “Users”.

PLEASE READ THE TERMS CAREFULLY. BY LOGGING INTO, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE OSTEOCOM SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, THEN PLEASE DO NOT LOG INTO, ACCESS, BROWSE OR OTHERWISE USE THE OSTEOCOM SERVICES.

1. Description of osteocom Services

The osteocom Services enable dentists, hygienists, dental technicians, assistants, students, operator and companies, university, associations, or other dental professionals (collectively, “member”) to connect with other members providing professional value content on an independent contractor basis. For example, members may provide clinical posts, images, articles, video lectures, documents, tutoring and learning services to the others members through the osteocom social Services.

The osteocom Services are provided through our unique professional platform where members receive information via the osteocom Services and then work on assignments and projects in a structured pages. The osteocom Service also allows members to create an online page with custom branding, and other customizable features.

2. Eligibility; Use of osteocom Services

2.1 ELIGIBILITY. OSTEOCOM SERVICES ARE AVAILABLE ONLY TO USERS WHO ARE IN THE DENTAL SECTOR OR AT LEAST THE LEGAL AGE OF MAJORITY IN THE JURIDICTION IN WHICH THEY ARE LOCATED.

Osteocom services are not available to any users suspended or removed from the website or osteocom services by osteocom.

BY USING OSTEOCOM SERVICES, YOU REPRESENT THAT YOU ARE ABLE TO LEGALLY CONTRACT IN THE JURISDICTION IN WHICH YOU ARE LOCATED, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE OR OSTEOCOM SERVICES.  

2.2 Minors. You may access and use osteocom Services on behalf of a minor under the age of 18 or permit such minor to access and use the osteocom Services with your consent or under your supervision, provided that you are a parent or legal guardian of such minor and all User Submissions (as defined below) submitted or posted to osteocom Services are entered by you, or by such minor with your consent or under your supervision. If you allow a minor to access or use osteocom Services with your consent in this manner, you remain responsible for ensuring the accuracy and lawfulness of any such User Submissions and otherwise complying with all of the terms and conditions contained herein.

2.3 Use of osteocom Services. Subject to your agreement and compliance with these Terms, osteocom grants you permission to use osteocom Services as set forth in these Terms and consistent with the intended features of osteocom Services.

3. Privacy

osteocom takes the privacy of its Users very seriously. osteocom’s Privacy Policy and Cookies Policy are hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to osteocom’s collection, use, and disclosure of your personal information.

4. Additional Terms

When using osteocom Services, you will be subject to any additional guidelines or rules applicable to specific features, applications, products, or services which may be posted from time to time on the Website or otherwise made available to you on or through osteocom Services (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

5. Modification of the Terms

osteocom reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes from time to time on the Website or otherwise making them available to you on or through osteocom Services. Please check these Terms and any Guidelines periodically for changes. Your continued use of osteocom Services after such changes have been published on or through osteocom Services constitutes your binding acceptance of such changes. For any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon the earlier of (i) your continued use of osteocom Services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms on or through osteocom Services. Notwithstanding the foregoing, the resolution of any dispute that arises between you and osteocom will be governed by the Terms in effect at the time such dispute arose.

6. Registration; Account and Password

6.1 Registration for an Account. To access certain features of osteocom Services, you will have to create an account and become a registered user of osteocom Services. If you create an account for osteocom Services, you agree that any information you provide to osteocom on registration for an account and at all other times will be true, accurate, current, and complete. Since the provision of certain features of osteocom Services may depend on the continued accuracy of your account information, you also agree that you will ensure that this information is kept accurate and up-to-date at all times your account remains open.

To access or use osteocom Services, you will have to sign in by entering your account and password information. As you will be responsible for all activities that occur under your account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. You also agree to immediately notify osteocom of any unauthorized uses of your account or if you believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password). You may be liable for any losses incurred by osteocom or others due to any unauthorized use of your account.

6.2 Registration Through Authentication Services. osteocom permits you to register for an account for, or sign in to, the osteocom Services by providing some or all of the required account information through certain third party social networking and/or authentication services, such as Facebook Connect and Google OpenID (“Authentication Service”). By registering for an account or signing in by providing any account information through an Authentication Service, you agree that osteocom may access and use any account information from the Authentication Service that you have configured to be made available to third parties in this manner, and you agree to the terms of use of the Authentication Service regarding your use of the osteocom Services via the Authentication Service. You further agree that any Authentication Service is a Linked Site (as defined below) and you are solely responsible for your interactions with the Authentication Service as a result of accessing the osteocom Services through the Authentication Service.

7. Ownership of the Website

The Website is solely and exclusively owned and operated by osteocom. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Website (collectively, the “osteocom Materials”) are protected by International, European and Italian copyright, database, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions (as defined below) or other content owned and/or posted by Users, all osteocom Materials are the copyrighted property of osteocom, its affiliates and/or third party licensors. Furthermore, all trademarks, service marks, and trade names contained in the osteocom Materials are proprietary to osteocom, its affiliates and/or third-party licensors. Your use of osteocom Services does not grant to you ownership of any content, code, data or any part of the osteocom Materials you may access on or through the Website. Any commercial or promotional distribution, publishing or exploitation of the osteocom Materials is strictly prohibited unless you have received the express prior written permission from osteocom or the otherwise applicable rights holder. osteocom reserves all rights to the osteocom Materials not expressly granted in the Terms.

Users shall not modify or alter any osteocom Material as well as any part of the Website or of the osteocom Services and Contents.

8. Content Rights. The content available on the Website or otherwise through osteocom Services is intended for personal and non-commercial use. All such content, including, without limitation, informational materials, documents, forms, pictures, images, audiovisual works, and any user comments (collectively, the “Content”), is owned or controlled by osteocom, its affiliates, its licensors, or the relevant user, and is protected by copyright and other intellectual property laws. Subject to the foregoing, osteocom authorizes you to download a single copy of any part of the Content that osteocom or its licensors have expressly made available for download on the Website solely for your personal, non-commercial use. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website or osteocom Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through osteocom Services or as otherwise permitted by applicable law.

The Website permits interaction between the Services and third parties websites. Content and Users Submissions may be shared on different platform, such as other social networks, depending on the features and to the extent permitted by the Website and its functionalities (e.g., the Website media player).

Inline links (e.g., framing and embedding) to Contents or Users Submissions is not allowed unless the Website made available the means for this use with specific functionalities.

9. Prohibited Conduct. You agree that you are responsible for your own conduct while using osteocom Services and for any consequences thereof. You agree to use osteocom Services only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you agree that when using osteocom Services, you will not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload, post, email or transmit or otherwise make available through osteocom Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
  • upload, post, email or transmit or otherwise make available through osteocom Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
  • upload contents which violates privacy rights of third parties;
  • download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
  • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of copyrightable material;
  • remove any copyright, trademark or other proprietary rights notices contained in or on osteocom Services;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by osteocom;
  • improperly restrict or inhibit any other user from using and enjoying osteocom Services;
  • use osteocom Services for any illegal or unauthorized purpose;
  • interfere with or disrupt osteocom Services or servers or networks connected to osteocom Services, or disobey any requirements, procedures, policies or regulations of networks connected to osteocom Services;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of osteocom Services or collect information about its Users for any unauthorized purpose; or
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
10. Fees; Payment

10.1 Fees. osteocom may, now or in the future, charge service fees for the use of osteocom Services or certain premium content or services provided thereon. osteocom may also deduct a transaction fee from the amounts paid by a User for access and use of your instructional content and/or services provided through the Website. You agree to pay to osteocom all fees (including any applicable taxes) for content or services purchased on or through osteocom Services under your account at the then-current rates described on the Website at: Terms of Service. Service and/or transaction fees will be billed at the time you purchase the services. Unless otherwise communicated to you by osteocom in writing, all fees and charges are non-refundable. osteocom may change the fees for the use of osteocom Services, or any content, service or features provided thereon, or add new fees or charges, at any time. For any change in fees for ongoing services purchased under your account, osteocom will send you a notice of such change in advance of providing you with such services (via a message on or through the Website or email).

10.2 Payment. osteocom will bill charges through the payment method specified in your account (e.g. a credit card or electronic funds transfer). If you pay any applicable fees with a credit card, osteocom may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You authorize such credit card account to pay any amounts described herein, and authorize osteocom to charge all sums described herein to such credit card account. You agree to provide osteocom updated information regarding your credit card and account upon osteocom’s request and any time the information earlier provided is no longer valid. For any amounts payable by osteocom to you (such as the amounts paid by a User for access and use of your instructional content after deduction by osteocom of its transaction fee), osteocom will pay such amounts to you through the payment method specified in your account.

11. User Submissions

11.1 Generally. osteocom Services may allow you and other Users to submit, post, transmit, and share content with other Users, which may include, without limitation, informational materials, documents, forms, pictures, images, audiovisual works, and any user comments submitted by you and other Users on or through osteocom Services (collectively, “User Submissions”). Users undertake not to post unauthorised commercial communications on osteocom.

User Submissions are provided to Users or displayed on or through the Website for informational purposes only and their content is not otherwise controlled or endorsed by osteocom. osteocom does not guarantee any accuracy or confidentiality with respect to any information contained in any User Submission, and strongly recommends that you think carefully about what you transmit, submit or post to or through osteocom Services. You understand that all information contained in User Submissions is the sole responsibility of the person from whom such User Submissions originated. This means that you, and not osteocom, are entirely responsible for all User Submissions that you upload, post, transmit, or otherwise make available through osteocom Services, as well as for any actions taken by osteocom or other Users as a result of such User Submissions.

11.2 Right to Remove or Edit User Submissions. osteocom makes no representations that it will publish or make any User Submission available on or through osteocom Services, and reserves the right (but has no obligation), in its sole discretion, to refuse to allow any User Submission on the Website, or to remove any User Submissions which violate these Terms at any time with or without notice.

In case of repeatedly reported infringements of these Terms, osteocom reserves the right to disable a User’s account.

11.3 License Grant by You to osteocom. You retain all your ownership rights in your User Submissions, whether posted and/or uploaded by you or made available on or through osteocom Services by osteocom. By submitting your User Submissions to osteocom through osteocom Services, you hereby grant osteocom and its affiliates, sublicensees, partners, designees, and assignees of osteocom Services (collectively, the “osteocom Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform, and otherwise exploit your User Submissions and derivatives thereof for any purpose whatsoever in connection with osteocom Services and osteocom’s (and its successors’) business, including, without limitation, for providing you with the services you have chosen consistent with the intended features of osteocom Services, for provision to all Users of certain services, features and/or contests available on or through osteocom Services, and for marketing, promoting, and/or redistributing part or all of osteocom Services (and derivative works thereof) in any media formats and through any websites, social media networks or media channels now known or hereafter discovered or developed.

11.4 Limited License Grant to Other Users. By submitting or distributing your User Submissions through osteocom Services, you hereby grant to other Users a non-exclusive license to access or otherwise use your User Submissions for personal, non-commercial use. The foregoing license granted by you terminates as to a specific User Submission once you remove or delete such User Submission from the Website, provided, however, that other Users’ rights to such User Submission arising out of distributions occurring on or prior to deletion of such User Submission from the Website survive any termination or expiration of the license granted in this Section 11.4.

11.5 User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you either own your User Submissions or have the necessary licenses, rights, consents, and permissions to use and authorize osteocom to display or otherwise use your User Submissions under all patent, trademark, copyright, privacy or image rights, or other proprietary rights in and to your User Submissions in a manner consistent with the intended features of osteocom Services and these Terms, and to grant the rights and license set forth in Section 11.3, and (ii) your User Submissions, osteocom’s or any osteocom Licensee’s use of such User Submissions pursuant to these Terms, and osteocom’s or any of osteocom Licensee’s exercise of the license rights set forth in Section 11.3, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, images or privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation; or (c) require obtaining a license from or paying any fees and/or royalties by osteocom to any third party for the performance of any services you have chosen to be performed by osteocom or for the exercise of any rights granted in these Terms, unless you and osteocom otherwise agree.

11.6 Inaccurate or Offensive User Submissions. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources and that osteocom does not endorse and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Submissions. You understand that osteocom cannot, and does not, review all User Submissions and does not endorse any User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, misleading, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against osteocom with respect thereto.

11.7 Feedback. If you provide osteocom with any comments, bug reports, feedback, or modifications proposed or suggested by you for osteocom Services (“Feedback”), osteocom shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into osteocom Services. You hereby grant osteocom a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

 12. Termination

12.1 By osteocom. You agree that osteocom, in its sole discretion and for any or no reason, may terminate these Terms, any account you may have with osteocom or your use of osteocom Services, and remove and discard all or any part of any User Submissions uploaded by you, at any time. osteocom, in its sole discretion and at any time, may also discontinue providing access to osteocom Services, or any part thereof, with or without notice. You agree that any termination of these Terms, your access to osteocom Services or any account you may have may be effected without prior notice, and you agree that osteocom will not be liable to you or any third party for any such termination except as described in these Terms.

osteocom does not permit any fraudulent or illegal activities on or through osteocom Services and reserves the right to terminate access to osteocom Services and remove all content submitted by any persons who are found to be engaging in illegal activities. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of osteocom Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies osteocom may have at law or in equity.

12.2 By you. You may terminate your account, these Terms and your right to use osteocom Services at any time and for any reason or no reason, by contacting osteocom customer service at support@osteocom.net or by deleting your account and discontinuing your use of osteocom Services. If you terminate these Terms or your account, you will remain obligated to pay all outstanding charges, if any, relating to your use of osteocom Services incurred before termination.

12.3 Loss of Your Information on Termination. Upon any termination or expiration of these Terms, whether by you or osteocom, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE WEBSITE OR OTHERWISE THROUGH OSTEOCOM SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU and osteocom will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party.

12.4 Survival. Upon termination or expiration of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections7, 8, and 10 through 22.

 13. Third-Party Sites, Products and Services

osteocom Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Users. osteocom does not endorse any such Linked Sites or the information, content material, products, or services contained on or accessible through Linked Sites. Furthermore, osteocom makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

14. User Interactions and Disagreements

14.1 User Interactions. The osteocom Services allow you to correspond or otherwise interact with other Users. You acknowledge that such other Users are not affiliated with or controlled by osteocom or its affiliates, and osteocom cannot influence the instruction, information, content, materials or services provided by them. Your correspondence or interaction with other Users is solely between you and such other Users. osteocom’s sole function is as a marketplace and facilitator of transactions related to educational materials between interested parties who enter into such transactions on their own terms. YOU AGREE THAT OSTEOCOM AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER USERS.

14.2 User Disagreements. You alone are responsible for your involvement and interactions with other Users. osteocom reserves the right, but has no obligation, to monitor disagreements between you and other Users. If you have a dispute with one or more Users, you irrevocably and forever release osteocom (and osteocom’s affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  

15. Disclaimers - No Warranties

15.1 UNLESS OTHERWISE EXPRESSLY STATED BY OSTEOCOM, OSTEOCOM SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OSTEOCOM SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OSTEOCOM AND ITS AFFILLIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. UNLESS OTHERWISE EXPRESSLY STATED BY OSTEOCOM, OSTEOCOM AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, OSTEOCOM SERVICES, OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

15.2 UNLESS OTHERWISE EXPRESSLY STATED BY OSTEOCOM, OSTEOCOM AND ITS AFFILIATES DO NOT WARRANT THAT OSTEOCOM SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OSTEOCOM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OSTEOCOM SERVICES AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH OSTEOCOM SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15.3 CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 16. Indemnification

You agree to indemnify and hold harmless osteocom and its affiliates from any claims, losses, damages, liabilities, including attorney's fees, arising out of your use or misuse of osteocom Services, including any violation connected to User Submissions created and/or uploaded by you, representations made to osteocom, its Users, and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. osteocom reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify osteocom, and you agree to cooperate with such defense of these claims.

17. Limitation of Liability and Damages

17.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL OSTEOCOM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF OSTEOCOM SERVICES, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE OSTEOCOM SERVICES OR ANY LINKED SITES, THE CONTENT, OR ANY OTHER INTERACTIONS WITH OSTEOCOM, EVEN IF OSTEOCOM OR A OSTEOCOM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OSTEOCOM DOES NOT HAVE CONTROL OVER USER SUBMISSIONS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OSTEOCOM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN CASE OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE.

17.2 Limitation of Damages. IN NO EVENT WILL OSTEOCOM’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’ OR SUPPLIERS’ BE LIABILE FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OSTEOCOM SERVICES OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY ACCESS TO OR USE OF OSTEOCOM SERVICES OR ANY PART THEREOF WHICHEVER IS GREATER.

17.3 Linked Sites. THESE LIMITATIONS OF LIABILITY AND DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY CONTENT, PRODUCTS OR SERVICES SOLD OR PROVIDED on any LINKED sites or otherwise BY THIRD PARTIES OTHER THAN OSTEOCOM AND RECEIVED THROUGH THE WEBSITE OR RECEIVED THROUGH ANY LINKED sites.

17.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT OSTEOCOM HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OSTEOCOM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OSTEOCOM. OSTEOCOM would not be able to provide the OSTEOCOM SERVICES to You on an economically reasonable basis without these limitations.

 18. Notice

Except as explicitly stated otherwise, legal notices will be served, with respect to osteocom and osteocom Services, to [mailto:info@osteocom.net] and, with respect to you, to the email address you provide to osteocom during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, osteocom may give you legal notice by mail to the postal mailing address provided during the registration process, if any, or if no such mailing address was provided during the registration process, by posting on the Website. In such case, notice will be deemed given three days after the date of mailing or posting, as applicable. You agree that all notices and other communications that osteocom provides to you electronically satisfies any legal requirement that such notice or communication be in writing.

osteocom‘s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Copyright Agent

osteocom.net srl,

Via Langhirano 268/A,

43124 Parma, Italy,

or by email at info@osteocom.net

19. Waiver

A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.

20. Governing law

These Terms shall be governed by and construed in accordance with Italian law.

21. Jurisdiction

Any dispute regarding the validity, enforceability, interpretation performance and termination of the Contract is subject to the exclusive jurisdiction of the Court of Milan, Italy.

Last modified: February, 2015