PLEASE READ THIS CAREFULLY: Please read carefully all the rights and the restrictions in the following Terms and Conditions of Use, VideoPhone licence and legal notes and the privacy statement.

Until User does not accept these Terms and Conditions and the Privacy statements, VideoPhone cannot be installed.

VideoPhone software is supplied in accordance to what has been agreed in this Condition of use. User likewise, agrees to only use third party software supplied or configured as par of BONNEVILLE Ltd VideoPhone, within the application functions of "Communication and Entertainment".

END USER AND BONNEVILLE Ltd AGREEMENT

This Agreement is between End User and BONNEVILLE Ltd, for VideoPhone use and access and it includes Dvdcom software, information and documentation (named "Service"). User is to accept, without any alteration, all the Terms and Conditions, as well as, all the legal notes cited in these Terms and Conditions of use, to access the Service and/or to use it ("Terms and Conditions of Use" or "Agreement"). If User does not accept the whole Terms and Conditions, it is not possible to access or use the Service. A part of this Service, rules or other Terms and Conditions, which are enclosed in these Conditions, can be regulated by directives sent directly to the User. In case of conflict between those directives, rules, terms and conditions and this Conditions of Use, the last ones will prevail, except where the Videophone Privacy Statement, herewith enclosed, solves any language conflict that could be in these Terms and Conditions of Use and for any directive, rule, terms and conditions related to the Service, as to the subject considered by this Privacy Statement.

1. TERMS AND CONDITIONS OF USE AMENDMENT; REVISION

BONNEVILLE Ltd reserves the right to modify the Conditions of Use, and those modifications will have immediate effect. User is to regularly check those Conditions of Use. The most recent revision of those Conditions of Use are available on this page. The constant use of this Service, involves user consent to the conditions of use and their modifications.

BONNEVILLE Ltd is not bound to supply any upgrades or improvement to the Service. But, if BONNEVILLE Ltd, at its personal discretion, upgrades or improves those Services, these Conditions of Use will be applied to those upgrades and improvements, except as otherwise indicated.

2. SOFTWARE CLIENT LIMITATION OF USE

As a condition to the Service use, user is not allowed to use the Service for any illegal or prohibited purpose, which is directly forbidden from the Conditions of Use. End User is not allowed to use the service, damaging, disabling or overloading it nor allowed to interfere with third party use. User cannot obtain unauthorized access to the Service nor interfere in any case or damage accounts, systems or computer networks, combined to the Service. User cannot obtain or try to obtain any information or material through any mean which is not intentionally supplied by the Service itself. User is not allowed to access the Service to get information needed to project, develop or upgrade unauthorized software, to access the Service or to give it to others. User is not allowed to directly or indirectly charge any cost to a third party to use the Service, without any written contract with BONNEVILLE Ltd.

Accordingly to these conditions of use, user is allowed to use the service within his/her own business organization. However, user is not allowed to use the Service to publicize, try to sell or buy goods or services, to manage firms or business, without any written contract with BONNEVILLE Ltd.

End User agrees to use the Service only to send, receive and transfer, written messages and appropriate material. For example, and not as limitation, End User agrees that, during the Service use he/her is not authorized to:

· Use the Service for surveys, to advertise competitions, hoaxes, undesired emailing, undesired messaging, doubled or not demanded messages (commercial ones or different);

· Slander, abuse, molest, use as a pretext, menace or violate other’s legal rights (e.g. privacy, or advertising rights);

· Create a false identity to deceive third party;

· Post, transfer, distribute or spread any contents, names, inappropriate, unnecessary, defamatory, obscene, indecent or illegal material or information;

· Transfer or make available in other way, files containing images, pictures, software or other material which is protected by the laws on intellectual property, included, for example and not as limitation, laws on copyright or on registered trade marks, for privacy or publicity rights, if User does not own or does not control them or did not obtain all the necessary consents to carry out these operations;

· Use any material or information, included images or pictures, available through the service, violating laws on copyright registered trade marks, patents, companies or other proprietary rights;

· Transfer files containing viruses, Trojan Horse, worm, corrupted files or any other software or program which may damage computers or another user’s property;

· Download any file transferred form another user if the user itself knows or should know, that that file should not be legally transferred in that way;

· Use, download, copy in any other way, supply, freely or not, to a natural person or corporation, any Service user’s directory or any other user directory, information on use or any part of it;

· Forge or remove any legal note, or proprietary designation or any software origin label or any other material contained in a transferred file;

· Violate any code of conduct or instruction which can be applied to the Service;

· Use a part of the Service to obtain information on other users, email addresses included.;

BONNEVILLE Ltd reserves the right to monitor the communications and to publish any information BONNEVILLE Ltd believes necessary (i) to ensure this Agreement observance, (ii) to fulfil any applicable law, regulation or legal process, (iii) to protect BONNEVILLE Ltd rights, property and interests as well as its employees and community. BONNEVILLE Ltd reserves the right to modify, to decline file transfer, or to remove completely or a part of, any information or material, at its own discretion.

End user must always be cautious in giving personal information regarding him/herself or hi/her family through the Service. BONNEVILLE Ltd does not check or approve contents, messages or information given through the Service, and therefore, declines any liability towards the Service and towards any action resulting form its participation to it.

User is liable for any activity, during his/her Service use. User agrees to notify immediately BONNEVILLE Ltd of any unauthorized use of his/her account or security violation, related to the Service.

3. PRIVACY

User can refer to VideoPhone Privacy Statement, available at http://www.videophone4g.com/eng/privacy.asp for any information regarding data collecting and use.

4. LINKS TO THIRD PARTY SITES AND SERVICES

Services may allow User to interact with third party web sites or services (Links). Links are not under BONNEVILLE Ltd control, therefore, BONNEVILLE Ltd is not liable for any link contents, included without any limitation, any link contained in a link or any change or update to the link itself. BONNEVILLE Ltd is not responsible for any file transfer from any link, neither if the link does not work properly. BONNEVILLE Ltd supplies those links to User only for convenience and the inclusion of any link does not entail any BONNEVILLE Ltd approval, neither its association to their operators. User must read and follow privacy statement and conditions of use related to those links.
End User is the sole liable for any association with third party , advertisers included, which support the Service, goods and services distribution and payment included.

5. SERVICE PROPERTIES CONDITIONS OF USE

End user can refer to the Conditions of Use applicable to these properties, for any for any terms and conditions regulating the use of any other web site, BONNEVILLE Ltd service or authorized third party one, which allows the user to use the service ("Service properties").

6. SOFTWARE AND AVAILABLE SERVICE CONTENTS

All BONNEVILLE Ltd software and contents, made available for displaying and/or for downloading, related to the Service ("Software") is owned by BONNEVILLE Ltd and its suppliers and licensed but not sold. Software use is regulated by the Terms and Conditions of the Licensing Contract, if available, enclosed in the software ("Licensing Contract"). User has not the possibility to install or use any software containing a Licensing Contract, before accepting its Conditions. For any software without a Licensing Contract, BONNEVILLE Ltd grants a non exclusive licence, which is revocable, personal and not transferable, and which allows the software use, only in relation to the Service and in compliance to the Conditions of Use. End User is not allowed to de-compile, disassemble or reverse engineer the software. The entire software is copyright protected as well as from International Agreement directions. Any unauthorized software reproduction or redistribution,  is expressly prohibited by law and can be civilly and penally actionable. SWITHOUT LIMITING WHAT PREVIOUSLY SAID, COPYING OR REDISTRIBUITING THE SOFTWARE IN OTHER SERVERS OR COMPUTERS, FOR FURTHER COPIES OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. SOFTWARE WARRANTY, IF EXISTING, IS ONLY FOR THE LICENSING CONTRACT. User takes note that Software, documentation and/or enclosed technical information, depend on Italian exportation laws.

Software Licence ends when user stops using the Service. Software licence can ends if BONNEVILLE Ltd, at its discretion, modifies the Service so that it won’t support the software anymore.

7. SUPPLIED OR SENT FILES

BONNEVILLE Ltd Software clients which allows the access to the service, allows user to send files to be used according to Service. For all files user sends or supplies to BONNEVILLE Ltd, in any other way, regarding the Service ("SEND") user authorizes BONNEVILLE Ltd to (1) use, copy, distribute, transfer, publicly show, publicly execute, reproduce, modify, change and reformat the user "Sending", in relation to Videophone and (2) to grant licence for them. BONNEVILLE Ltd will not pay user for his/her sending and has the power to remove it at any time. For each sending, user demonstrates to have all the rights to grant the authorizations included in this section.

8. WARRANTY DISCLAIMER – NON LIABILITY DECLARATION

BONNEVILLE Ltd SOFTWARE AND SERVICE IS PROVIDED "AS IS" AND "WITH ALL ITS DEFECTS". USER BEARS ALL THE RISKS REGARDING QUALITY, PERFORMANCE AND ACCURACY. BONNEVILLE Ltd AND ASSOCIATES, RESELLERS, DISTRIBUTORS, SERVICES SUPPLIERS AND/OR SUPPLIERS (JOINTLY NAMED "BONNEVILLE Ltd PERSONS") DO NOT ISSUE ANY WARRANTY. BONNEVILLE Ltd PERSONS DO NOT ISSUE ANY IMPLICIT, EXPLICIT OR PRESCRIPTED BY LAW WARRANTY, INCLUDED WITHOUT LIMITATION, (1) MERCHANTABILITY OR FITTED FOR PARTICULAR PURPOSE WARRANTIES, NEGLIGENCE LACK, ACCURACY, TITLE, PACIFIC ENJOYMENT, ABSENCE OF OBLIGATIONS AND NON BREACH OF OTHERS RIGHTS, (2) WARRANTIES COMING FROM THE COMMERCIAL TREATMENT OR USE (3) WARRANTIES ON SERVICE ACCESS CONTINUITY WITHOUT ANY ERROR. THERE ARE NO OTHER WARRANTIES BUT THE ONWS IN THIS CONTRACT. BONNEVILLE Ltd HAS THE POWER TO MODIFY SERVICES AND FUNCTIONS IN ANY WAY AND AT ANY TIME AND FOR ANY REASON.

BONNEVILLE Ltd AND BONNEVILLE Ltd PERSONS WILL NOT BE, IN ANY WAY, LIABLE FOR DIRECT OR INDIRECT DAMAGES, ACCIDENTAL, PUNITIVE DAMAGES COMING FORM, BASED ON OR COMING OUT OF THE THIS AGREEMENT OR OF SERVICE USE, INCLUDED, WITHOUT LIMITATION, DAMAGES CAUSED BY THE LOSS OF USE, LOSS OF DATAS AND PROFITS, THEY WILL NOT BE LIABLE FOR THE DELAY OR THE IMPOSSIBILITY TO ACCESS THE SERVICE, FO THE SERVICE ASSISTANCE SUPPLY OR NON-SUPPLY OF IT, OR FO R ANY INFORMATION, SOFTWARE PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES OR COMINF FORM THEIR USE, EVEN IF BASED ON CONTRACT, ON FAULT, NEGLIGENCE, OBJECTIVE LIALBILITY OR OTHERWISE, EVEN IF BONNEVILLE Ltd OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES COULD HAPPEN. AS SOME STATES OR JURISDICTIONS DO NOT EXCLUDE THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR ACCIDENTAL DAMAGES ITS EXTENDED LIMITATION COULD NOT BE APPLICABLE.

IN CASE USER IS NOT SATISFIED OF ANY PART OF THE SERVICES, OR OF ANY CONDITION OF USE, THE ONLY EXCLUSIVE REMEDY IS TO SUSPEND THE SERVICE USE.

9. INDEMNIFICATION

User agrees to indemnify BONNEVILLE Ltd, holding company, associates, managers and employees against any claims or demand, of all the related damages, including, without limitation, reasonable attorney’s fees, incurred by third party because of or as a result of User’s use or his/her conduct related to the service, user violations in using their own computer or their own identity, any other intellectual property or any other natural person and corporation rights.

10. TECHNICAL ASSISTANCE

BONNEVILLE Ltd is not obliged to supply any technical assistance to end user. If end user does not own a separate written contract with BONNEVILLE Ltd regarding the Service, BONNEVILLE Ltd has the power to state the kind of assistance to be supplied, at any time and at its own discretion.

Third party software related to the Service is not covered by nay BONNEVILLE Ltd assistance. User must address to those software supplier to get any assistance, if provided.

11. TERMINATION

If End User, or a third party on his/her behalf has not a written or separated agreement with BONNEVILLE Ltd which modifies this condition of use, BONNEVILLE Ltd reserves the right, at its own discretion, to prevent service access, and service use or to a part of it, to the user, at anytime and without notice. If User, or a third party on his/her behalf, has not a written or separated agreement with BONNEVILLE Ltd, BONNEVILLE Ltd can prevent or suspend  the service access to the user, because of inactivity, for an extended period of time, which is fixed by BONNEVILLE Ltd.

12. ELECTRONIC COMMUNICATIONS

User agrees that BONNEVILLE Ltd supplies all information related to the service, in electronic format. BONNEVILLE Ltd may email those information on user’s email address supplied at registration, BONNEVILLE Ltd may send instant messages on user’s account, or through the BONNEVILLE Ltd website. User needs to have all the hardware and software required to receive those kind of messages during the period of use of the service. If User does not accept those kind of messages has to suspend the service use.

13. GENERAL

Executions breach, or rights or duties breach proceedings for these conditions of use are regulated by the Italian State laws. All other proceedings, included, without limitation, proceedings within the consumer protection laws, unfair competition and fault, are regulated by the state laws where user resides. User irrevocably accepts the exclusive jurisdiction and he competent jurisdiction of Milan, Italy, in case of disputes coming from or related to the Service use. User agrees that no company relation exists between and BONNEVILLE Ltd. as a result of this contract, at any time and as a part of it or entirely. BONNEVILLE Ltd performances related to this agreement, are regulated by the existing laws and by the legal actions, and nothing in this agreement is at BONNEVILLE Ltd rights derogation to suit the government and court’s requests and to the laws applications or for the requirements related to the user’s service use or to the information collected  from BONNEVILLE Ltd during this use. If any part of this contract is not valid or inapplicable according to law, included, without limitation, the non liability statement previously cited, the inapplicable or not valid regulation will be replaced by a valid one, which mostly corresponds to the original one, without affecting in any way the rest of this agreement. This contract, which includes the cited documents, is the agreement between BONNEVILLE Ltd and End User in relation to the Service and this contract takes the place of any other previous or contemporary communication or proposal, emailed, written or oral, between End User and BONNEVILLE Ltd in relation to Services. A printable version of this contract and of any legal note supplied in electronic format will be acceptable in legal or administrative proceedings, based on or related to this agreement, as far as, and subject to the same conditions of other company’s documents or datas generated at the beginning and handled on papers.

BONNEVILLE Ltd AND USER AGREE THAT ANY ACTION COMING FORM OR RELATED TO SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE ACTION CAUSE. OTHERWISE, THAT ACTION CAUSE, IS PERMANENTLY BANISHED.

14. LEGAL NOTES ON INTELLECTUAL PROPERTY

All BONNEVILLE Ltd contents related to service are: BONNEVILLE Ltd and/or its supplier, by BONNEVILLE Ltd, copyright © 2004. All rights reserved.

REGISTERD TRADEMARKS. "VideoPhone" and "VideoPhone4G" are registered trademarks in Italy and in the EC – of E.P. Europublicitè s.a. 5, bd de la Foire 2013 Luxenbourg. Real Company or products cited names, can be registered trademarks by the owners.

Any reference to companies, organizations, products, persons and events is purely coincidental. No partnership with any company, organization, product, person or event is intentional or can be supposed.

BONNEVILLE Ltd can be the owner of the patens, patent files, trade marks, copyright or other intellectual property rights related to the aforementioned Web pages which are part of the Service. Unless expressly expected, in a written BONNEVILLE Ltd licensing contract, the distribution of those Web pages does not entail any licence on those patents; trade marks copyrights or other intellectual property. All rights reserved unless expressly licensed.