Terms and Conditions of Use
THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. You shall not use the Services for any purpose that is prohibited by these Terms of Service and acknowledge that you are responsible for all of your activity in connection with the Services.
Last modified: April 10, 2014
This Agreement governs your use of the wonderqrcode.com website, including, without limitation, the uploading and spreading of QR Code (“QR Code”) including photographs, illustrations, documents or other graphic or multimedia works (“Contents”) onto or from the wonderqrcode.com website. Wonder QR Code is a web application offered by ESG Services S.r.l. (to be hereinafter referred to as ESG).
1. Description of the Website
A user can generate free QR Code using images and multimedia contents.
A user shall spread a QR Code only if he or she agrees to the terms and conditions of this Agreement.
2. General Acknowledgments and Agreements
Your use of the Website constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website.
ESG shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon publication of such changes on the Website. Your continued use of the Website after the effectiveness of such changes and notice constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website.
If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by ESG, do not use the Website.
3. Use of Contents
You may only spread contents through the Website in accordance with the terms and conditions of this Agreement. You may not use, reproduce, share, display or create derivative contents based on any content created by others unless you have received all necessary consents.
You acknowledge and agree that no ownership of any content can be transferred, and that no sale of any content can be effectuated on or through the Website. You acknowledge and agree that ESG is not liable for sharing of contents covered and protected by copyright, trademark and other intellectual property rights.
You acknowledge that you own all contents and information that you post and have the ability to control how they are spread by means of the application settings.
When you delete your contents, they shall be deleted from all Wonder QR Code interface and servers, though details of your Images and URL destination shall be saved on Wonder QR Code systems for statistical purpose.
By using the web site you agree that ESG could use your QR Code on its web site or social network channel.
You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.
You shall not upload onto the Website, or use the Website to spread, any image or content that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents. ESG does not permit copyright infringing activities and infringement of intellectual property rights on its website, and ESG will remove all images and contents if properly notified that such images and contents infringes on another's intellectual property rights. ESG reserves the right to remove works without prior notice. ESG will not permit a user's access to its Website if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user permission removed from the Website more than twice.
You shall not upload onto the Website, or use the Website to spread, any QR Code or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.
You shall not post personal documents or confidential information as stated by the Italian legislation or by the legislation of the country where Wonder QR Code is spread.
You shall not upload or post onto the Website, or use the Website to transfer, any QR Code or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any QR Code or other material or content that you use on it.
ESG reserves the right to decide whether any image and related contents are appropriate and comply with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. ESG may remove any such QR Code or contents and/or block a user's access to the web site for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
You may not use the Website and the QR Code generated by it in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used.
5. Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any user image or other content infringes upon your copyrights, you may submit a notification by providing our Team with the following information in writing:
I. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
II. Identification of the copyrighted image or contents claimed to have been infringed, or, if multiple copyrighted images or contents distributed online or off-line are covered by a single notification, a representative list of such images or contents with support specification (online and off-line);
III. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ESG to locate the material;
IV. Information reasonably sufficient to permit ESG to contact you, such as an address, telephone number, and, if available, an electronic mail address;
V. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
VI. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You are aware that in the case of missing information your notification of claimed infringement shall not be effective.
6. Management and Operation of the Website
You acknowledge and agree that ESG has no obligation to review any image or other material or content uploaded onto the Website or distributed through QR Codes, and shall have no responsibility for any such image or other material or content. ESG shall have the right, in its sole discretion, to accept or deny, delete, move or edit any image or other material or content uploaded onto the Website and spread with QR Code. If you upload any images or spread with QR Code other material or content onto the Website, or any Ad or other material or content is uploaded or posted onto the Website.
You acknowledge and agree that ESG shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Website, including any web log or comments to any web log.
You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Website. You acknowledge and agree that ESG may also store information about you on its computers within or outside Italy. By using this Website you acknowledge and agree that ESG may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any image or content violates the rights of third-parties; or to protect the rights, property, or personal safety of ESG, its users or the general public.
QR Code need mobile connectivity, preferably wi-fi. ESG is not responsible if QR Codes cannot be read for lack of connectivity or other technical problems related to devices you or third-parties own or under your or third-parties control.
7. Representations and Warranties
In addition to the representations and warranties you have made above, each of ESG and you hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.
You agree to indemnify, defend and hold harmless ESG and its employees and representatives from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website (including any uses under your Account or User Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any QR Code or other material or content whether or not intentional. ESG shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with ESG in the defense of any such claim, action or matter.
9. Limitations and Disclaimer
You agree that neither ESG nor its affiliates, nor any of their employees and representatives, shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.
NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, ESG MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR THE SERVICES AVAILABLE ON THE WEBSITE, OR ANY OR OTHER MATERIAL OR CONTENT AVAILABLE ON THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY WORKS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.
ESG shall have no responsibility for any QR Code or other material or content uploaded or posted onto the Website, including, without limitation any material or content uploaded, posted or distributed by any user onto the Website in any forum or as any comment to a web log or Social Network.
10. Term and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 12. ESG at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by logging into your membership Account on the Website and then sending a termination request to ESG. In the event termination is by ESG, ESG shall notify you of such termination. ESG reserves the right, in its sole discretion, to terminate your membership Account at any time, including, without limitation, deactivating your User Name and Password.
11. Effect of Termination
Upon any termination of this Agreement:
a. your membership Account shall be canceled and closed and your User Name and Password shall be deactivated;
b. all contents uploaded by you shall be removed from the Website; provided, however, that ESG may continue to use the contents for internal archival and reference purposes;
c. any and all Credits shall be not redeemable by you for cash.
Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination. The provisions of Sections 8, 9, 11, 13 shall survive the termination of this Agreement.
12. A Suspension
ESG reserves the right, in its sole discretion to block users who do not comply with the terms and conditions of this Contract.
At Wonder QR Code, we strive to educate our members about achieving and maintaining high standards in the use of photographic images through good judgment and the application of relevant, recognized principles and standards. The purpose of this Section 14B is to outline ESG’s expectations of its members regarding human rights, with a specific focus on children’s rights, in its business practices. This Section 14B is in addition to, and does not derogate from, any other policies or agreements binding on our members, including any provisions in this Agreement.
Wonder QR Code has a zero-tolerance policy related to inappropriate contents concerning children. In its role as a marketplace for the uploading and downloading of QR Code and contents, if ESG becomes aware of any such inappropriate contents concerning children it may take one or more of the of the following actions (in addition to any other actions it may deem appropriate):
- Alert the appropriate law enforcement authorities
- Remove the images and contents of concern from Website and servers
- Inhibit access to the Website
To support its efforts, ESG has established and maintains a mechanism by which users of its services can alert ESG staff regarding any images or contents of concern, including inappropriate images or contents of children. To provide feedback or to alert ESG of an image of concern, please contact us at firstname.lastname@example.org
This Agreement shall be governed by and construed in accordance with the laws of the State of Italy, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in Rome, Italy.
Neither party (you and ESG) shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.
No waiver on the part of ESG to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of ESG to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. ESG shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.
If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.
This Agreement prevails over any previous agreement.
If any part of this Agreement is unenforceable, all other parts of this Agreement shall nevertheless remain in full force and effect.
Not appliance of any part of this Agreement is not a waiver whatsoever.
Any modification or waiver to this Declaration shall be written and signed by ESG.
If ESG is involved in a merger, acquisition, asset sale or any other composition, all ESG rights and obligations could be transferred.
For any other matter not stated in this Agreement, we shall bind to the Italian jurisdiction or to the jurisdiction of the country where Wonder QR Codes were distributed.