MOLESKINE reserves the right to do the following and will not be liable to any user or third party for so doing:
- change the Terms at any time;
- change any of the Websites, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, functionality, promotion, data on or feature of any of the Websites or the hours that any of the Websites are available; or
- change any fees or charges in connection with the use of any the Websites.
The information and materials provided on or through the Websites, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, games, software, applications and/or links (collectively, the "Materials") are intended to educate and inform you about us and our business and to provide you with access to our services. MOLESKINE's MATERIALS ARE PROVIDED "AS IS" AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. Unless otherwise specified on a Website, you may download Materials displayed on the Website and you may use the downloaded Material solely for your own personal uses. You may print copies of any textual Material available for downloading on the Websites, and you may execute copies of any software/games/applications available for downloading on the Websites pursuant to the Terms. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms.
You acknowledge that the Materials and Websites are protected by copyrights, trademarks, patents and other proprietary rights owned by MOLESKINE and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Materials, and that these rights are valid and protected in all media existing now or later developed and under United States and foreign laws. Except as expressly provided herein, MOLESKINE does not grant you any express or implied rights in or to the Materials and/or the Websites, and all right, title and interest that MOLESKINE has in the Materials and/or the Websites not explicitly granted to you by MOLESKINE or its licensors are retained by MOLESKINE or its licensors, respectively. No Materials may be modified, copied, adapted, reverse engineered, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, transferred, licensed or sold in any form or by any means, in whole or in part, without MOLESKINE's or its licensors' prior written permission, except that the foregoing does not apply to your own posted submissions. MOLESKINE hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Websites, subject to your complete compliance with the Terms and any and all other terms and policies set forth on or in the Materials and/or the Websites.
The Materials remain the property of MOLESKINE or its licensors, as applicable. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to any such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by these Terms and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of MOLESKINE or its licensors, if applicable. If you download software/games/applications from a Website, each such software/game/application is licensed on a limited basis to you by us or by the owner of such software/game/application, and you must comply with any license agreement included with or displayed by such software/game/application. Title to any such software/game/application is not transferred to you. You may own the medium on which the software/game/application is recorded, but we retain all right, title and interest in and to the software/game/application, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the software/game/application to a human-perceivable form or transfer the software/game/application to any third party. Should there be any conflict between the license agreement for such Materials (including software/games/applications) and the Terms, the license agreement will control.
3. Your Information/Usernames & Passwords
In order to access certain areas of or participate in certain activities (including without limitation the ability to purchase or obtain Site Items (as defined below) with your Virtual Currency (as defined below)) contained on the Websites, we may require you to provide us with certain personal information about you (e.g., your name and e-mail address). Providing us with your personal information is your choice. Each time you decide to provide us with your personal information, you agree to: (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your current e-mail address), and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your access to and use of any of the Websites (or any portion thereof) or your participation in any activity contained on the Website.
In order to access certain areas of, or participate in certain activities contained on, any of the Websites, we may require you to create a user account and select a username and password. If you create a user account, you agree to provide MOLESKINE current, complete, true and accurate information, and to update this information should it change. MOLESKINE has the right to suspend or terminate your user account and refuse any and all current or future use of the Websites (or any portion thereof) and remove any content you have posted thereon, including content made available to other users. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, may cause confusion or for any other reason as determined by us in our sole discretion. Your selection and use of a specific username does not convey any ownership or rights in that username and MOLESKINE reserves the right to revoke and/or reassign that username in its sole discretion. You understand and agree that MOLESKINE reserves the right to change, remove, alter or delete any username, with or without prior notice to you, at any time and for any reason in MOLESKINE's sole discretion.
You are entirely responsible for maintaining the confidentiality of your USERNAME and password and for any and all activities (INCLUDING USE OF VIRTUAL CURRENCY, SITE ITEMS, OR SERVICES ON ANY OF THE WEBSITES, AS APPLICABLE) that ARE CONDUCTED through THE USE OF YOUR USERNAME AND PASSWORD WHETHER OR NOT AUTHORIZED BY YOU. You are responsible for the confidentiality and use of your account, including your username and password and agree not to transfer or resell your right to use or access to the Websites or participate in any activities contained on the Websites to any third person or party. If you have reason to believe that your username or password is no longer secure, you must: (i) promptly change your password by visiting the Websites, and (ii) immediately notify us of the problem by emailing us at email@example.com (with the subject line: "Username Password Security Issues").
You may not use anyone else's user account at any time and you may not allow anyone else to use your account at any time. You agree that MOLESKINE will not be liable for any loss you may incur as a result of someone else using your username and/or password, either with or without your knowledge, and you further agree that you will be liable for losses incurred by MOLESKINE or another party due to someone else using your account information. Because of this, MOLESKINE strongly recommends that you exit from your account at the end of each session.
If we make products or services available for purchase, access or license, you agree to pay all fees or charges incurred by your account, including applicable taxes, in accordance with the Terms and the billing terms that are in effect at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. MOLESKINE may add new products and services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in our sole discretion. You represent to MOLESKINE that you are an authorized user or an authorized user of the chosen method of payment used to pay all fees you incur plus all applicable taxes. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.
4. Third Party Sites
Any dealings with third parties, such as advertisers, included within the Websites or participation in promotions involving the delivery of and payment for goods and services, or any other terms, conditions, warranties or representations associated with such third parties, are solely between you and that third party. MOLESKINE is neither responsible nor liable for any part of such dealings or promotions.
5. Compliance with Applicable Laws
MOLESKINE reserves the right at all times to disclose any information as MOLESKINE deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You hereby agree and acknowledge that: (a) MOLESKINE has the right to obtain without notification to you certain information about your computer or software, including without limitation, your operating system, identification of your hard drives, central processing unit, IP address, and Internet browser for purposes of identification; (b) MOLESKINE has the right to obtain without notification to you non-personal information from your connection to the Websites for demographic purposes; and (c) MOLESKINE has the right to obtain without notification to you information from your computer, software, and parts or portions thereof, including without limitation, your computer's random access memory, video card, central processing unit, hard drive(s) and any other storage devices in order to assist our efforts in policing users who may develop and/or use "hacks." The information obtained in this Section may be used for the purpose of identifying persons or entities not in compliance, or believed by MOLESKINE to not be in compliance, with the Terms or with other MOLESKINE rules, policies, notices and/or agreements.
You acknowledge and agree that you (and not MOLESKINE) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use any service provided by MOLESKINE, including without limitation, the Websites, and paying all charges related thereto. You also acknowledge that you are responsible for obtaining and maintaining your access to any website through which you access MOLESKINE's products or services, including the Websites.
7. Claims of Copyright Infringement
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 hosted by MOLESKINE infringe your copyright (for example, materials posted by MOLESKINE on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed or that access to it be blocked. Please see the requirements and specific instructions for submitting a notice to MOLESKINE on MOLESKINE's Copyright Policy. If you believe in good faith that a notice of copyright infringement has been wrongly filed by MOLESKINE against you, the DMCA permits you to send MOLESKINE a counter-notice. Please refer to MOLESKINE's Copyright Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for details. Notices and counter-notices with respect to the Website should be sent to MOLESKINE's Copyright Agent for Notice of claims of copyright infringement at: Moleskine America Inc., 210 West 11th Avenue, Suite 1004, New York, NY 10001, Attn: DMCA Agent, or By email: firstname.lastname@example.org (with the subject line: "DMCA Communication (from TOU)").
MOLESKINE's Copyright Agent for Notice of claims of copyright infringement should be contacted only for the purposes set forth in this Section 10. ALL OTHER INQUIRIES DIRECTED TO MOLESKINE's COPYRIGHT AGENT WILL NOT BE ANSWERED.
8. Ownership and Restrictions on Use
The Websites and Materials (and any intellectual property and other rights relating thereto) are and will remain the property of MOLESKINE. The Websites and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Websites in any way without our prior written permission. The Websites and Materials may be used solely to the extent necessary for your authorized use of the Websites, as provided in the Terms or as expressly authorized in writing by MOLESKINE. Modification of any of the Websites or Materials or use of the Materials for any purpose not expressly allowed hereunder may be a violation of copyright and/or other proprietary rights and is strictly prohibited. You acknowledge that you do not acquire any ownership rights in or to any of the Websites or the Materials by using any of the Websites or the Materials. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY MATERIALS OR ANY OR ALL OF THE WEBSITES, OR ANY PARTS THEREOF, IS PROHIBITED. Except as expressly provided in a separate license agreement, MOLESKINE and its licensors of the Materials do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information. All Materials are Copyright © 2013 Moleskine SpA, unless specified otherwise. ALL RIGHTS RESERVED.
The trademarks, logos and service marks displayed on the Websites (collectively the "Trademarks") are the registered and unregistered trademarks of MOLESKINE SpA, its subsidiaries and affiliates, its licensors and vendors and other third parties. The Trademarks owned by MOLESKINE SpA and its subsidiaries and affiliates, whether registered or unregistered, may not be used in connection with any product or service that is not MOLESKINE's, in any manner that is likely to cause confusion among consumers, or in any manner that disparages MOLESKINE. Nothing contained on the Websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of MOLESKINE or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and MOLESKINE will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
10. Use & Access
YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THE WEBSITES, REGISTER FOR AN ACCOUNT, OR TRANSMIT/SUBMIT/POST ANY SUBMISSION, ANY PERSONAL INFORMATION OR TO ANY FORUM. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. By accessing, using and/or submitting information to or through any of the Websites, you represent that you are at least 13 years of age or older and otherwise have the legal capacity to enter into these Terms.
UNDER 18: IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S REGISTRATION WITH THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE WEBSITES.
From time to time we may offer or allow you to participate in promotions, giveaways, contests or sweepstakes (each, a "Promotion") on our Websites. If you choose to participate in a Promotion, we may collect your personal information, such as your name, address, age, telephone number, email address or other contact information. Participation in any Promotion is subject to the Official Rules governing that Promotion. MOLESKINE may announce rules in connection with any Promotion, but regardless of whether specific rules are announced, all such opportunities will be controlled by the Terms, unless specifically superseded by Promotion-specific rules. In addition, as a condition to receiving any Virtual Currency or other awards or prizes for participating in such Promotions, you may be required to provide additional information, to sign a release or to authorize the use of certain biographical or other information about you in any MOLESKINE marketing materials. Please also be aware that if a third party administers the Promotion, your participation may be subject to additional terms and conditions, and you should specifically read such third party's rules, terms of service and privacy policies before participating. You agree that MOLESKINE is not responsible for such third parties' promotions.
13. Jurisdictional Issues
Regardless of the language used thereon, each of the Websites is directed for use by only United States citizens or individuals residing in the United States. We make no representation that the Websites or the Materials available thereon are appropriate or available for use in any other geographic locations other than the United States. Those who choose to access or use any of the Websites, or any Materials thereon, from any other locations do so on their own initiative and at their own risk and are responsible for their own compliance with local laws if and to the extent any local laws are applicable. Any software on the Websites is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. MOLESKINE reserves the right to limit the availability of the Websites and/or the provision of any service, Promotion, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, Promotion, program or other product that we provide.
14. User Ideas
MOLESKINE does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies or processes (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Websites or to MOLESKINE through email that you consider to be confidential or proprietary, and any User Ideas shall be deemed non-confidential. You are responsible and liable for any User Ideas. You agree that by submitting User Ideas to MOLESKINE, including any concepts, know-how or ideas, you hereby grant MOLESKINE a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Ideas in connection with the Websites and MOLESKINE's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to you or to others.
Your ability to access and use the Websites and Materials will remain effective until terminated in accordance with the Terms. MOLESKINE may suspend, terminate, modify or delete your account with or without notice to you, at any time for any reason or for no reason, including without limitation, for violation of the Terms. For example, your account may be deleted and terminated without warning (a) if MOLESKINE believes, in its sole discretion, that you are under 13 years of age; (b) if you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete); or (c) if MOLESKINE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Upon termination, your right to use the Websites will immediately cease, and you shall destroy all Materials obtained from the Websites and all copies thereof, whether made in accordance with the Terms or otherwise. In addition to its termination rights, MOLESKINE also reserves the right to refuse service to anyone and to remove content or Materials for any reason whatsoever in its sole discretion, including without limitation, if MOLESKINE becomes aware that you are a convicted sex offender.
You may terminate your account by sending a letter stating your intention to Moleskine America Inc., Attn: Digital Account Termination c/o Legal & Business Affairs, 210 West 11th Avenue, Suite 1004, New York, NY 10001 or email@example.com (with the subject line "Termination Request"). MOLESKINE may terminate and delete your account, in our sole discretion, if it has been inactive for a period of at least 12 months. Your account will be considered inactive if you do not log on to any Website using your username and password.
The provisions of Sections 2, 5, 6, 7, 8, 9, 13 through 16, 18, 19, 23, 24, 26 and 27 will survive any termination of the Terms.
THE WEBSITES, THE MATERIALS AND ANY AND ALL PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOLESKINE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MOLESKINE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITES OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITES ARE HOSTED OR ANY SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF MOLESKINE OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITES, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITES AND ANY MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITES ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Websites (including the Materials and Submissions) could include inaccuracies, errors or information or materials that violate the Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Websites. Although MOLESKINE attempts to ensure the integrity of the Websites, we make no guarantees as to any Website's completeness or correctness. In the event that a situation arises in which a Website's completeness or correctness is in question, please contact us at firstname.lastname@example.org (with the subject line "Inaccuracies in Website") with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website at issue, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
18. Limitation of Liability
NEITHER MOLESKINE NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES AND/OR MATERIALS CONTAINED ON THE WEBSITES, SUBMISSIONS, ANY LINKED WEBSITE OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITES, MATERIALS, SUBMISSIONS, PRODUCTS OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MOLESKINE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO MOLESKINE, IF ANY, TO ACCESS OR USE THE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND MOLESKINE OR A REPRESENTATIVE OF MOLESKINE CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATES ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend and hold harmless MOLESKINE, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, from and against any and all claims, damages, losses, costs (including without limitation, reasonable attorneys' fees and expenses) and other expenses that arise directly or indirectly out of or from: (a) your breach (including through use of your username, whether or not by you) of the Terms, including any violation of Community Standards; (b) any allegation that any Submission or other information you submit to us or transmit to the Websites or MOLESKINE infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other right of any third party; (c) your access to and use of the Websites; and/or (d) any claim that one of your postings or Submissions caused damage to a third party, including without limitation, libel, defamation, loss of or harm to reputation or any other damage whatsoever.
The Websites are provided by Moleskine SpA. If you have any questions, comments or complaints regarding the Terms or the Websites, feel free to contact us at: Moleskine, re: Web Site [Name], 210 West 11th Avenue, Suite 1004, New York, NY 10001, Attn: Webmaster or email@example.com (with the subject line "Questions, Comments or Complaints").
21. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
22. System Outages
MOLESKINE periodically schedules system downtime for the Websites for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that MOLESKINE has no responsibility and is not liable for: (a) the unavailability of any Website; (b) any loss of materials, data, Site Items, Virtual Currency, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, Site Items, Virtual Currency, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting any of the Websites, any Internet service provides or any Internet facilities and networks.
23. Statute of Limitations
Any claim or cause of action arising out of or related to use of the Websites, the Materials or the Terms must be filed within 1 year after such claim or cause or action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such 1 year period, such claim or cause of action will be forever barred.
24. Choice of Law/Venue
The Terms are solely governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between you and MOLESKINE relating to the Websites that involve a claim of less than $5,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association ("AAA"). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, you and MOLESKINE agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between you and MOLESKINE relating to the Website that involve a claim of more than $5,000 are subject to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, United States of America, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
Please Note, by agreeing and accepting these Terms, you explicitly agree that any claims or actions that you may otherwise have against MOLESKINE under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any disputes is in the United States according to the terms of this Section 27.
25. Mobile Terms
The Websites may include apps and website versions designed for mobile content that may be viewed on phones, tablets and other mobile devices (the "Mobile Sites"). In order to use the Mobile Sites, you must have a wireless mobile device and wireless through Wi-Fi or a participating mobile service provider.
If you are accessing the Mobile Sites through an app on an Apple iOS device (an "iOS App"), (a) MOLESKINE grants you a non-transferable license to use the iOS App on any iPad, iPhone or iPod touch, as applicable, that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service, and (b) these Terms are concluded between you and MOLESKINE only, and not with Apple, and MOLESKINE, not Apple, is solely responsible for the Mobile Sites and the content thereof, (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App, (d) in the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MOLESKINE's sole responsibility; (e) MOLESKINE, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of that iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (f) in the event of any third party claim that the iOS App or your possession and use of the iOS App infringes that third party's intellectual property rights, MOLESKINE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and (g) Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, to Moleskine, 210 West 11th Avenue, Suite 1004, New York, New York, Attention: Digital Business Counsel, Legal & Business Affairs. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express, on the second business day after deposit with the service.