These Terms and Conditions of Use (herein referred to as “Terms of Use”) apply to the use of our website (herein referred to as "Website") located at www.brolmo.com or brolmo.com. The Website is the property of StivaSoft ltd. (herein referred to as "Company")

Any use of this Website and Services are subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to Brolmo's Privacy Policy, which is incorporated by reference into these Terms and Conditions. Your use of the Website and/or registering for the Services constitutes your acceptance of these Terms and Conditions.

As used in this Terms and Conditions:

1)"Software" means PHP/MySql based web poll script or web calendar script, together with any and all enhancements, upgrades, and updates thereto that may be provided in the future;

2)“Services” means online based service which provides you with a remotely hosted Software for your website.

BY USING THIS WEBSITE AND/OR SERVICES, YOU AGREE TO BE BOUND AND ABIDE BY THE TERMS AND CONDITIONS IN THIS SECTION. IF YOU OR YOUR COMPANY DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY DISCONTINUE USING THE WEBSITE AND/OR SERVICES.

USE OF THE WEBSITE

The entire content and materials published on the Website (including, but not limited to all included text, graphics, design, illustrations, images, associated media, printed materials, online documentation, code and/or software) and other matters related to and available on the Website are protected under domestic and international copyright and trademark laws and/or other proprietary (including but not limited to intellectual property) law.

No part of the Website may be modified, copied, publicly displayed, performed, reproduced, published, licensed, uploaded, posted, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without a prior written consent from the Company.

You may not use any of the pages of the Website in any way that will allow you to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You may not use the Website or Services in any manner that could damage, disable, overburden, or impair our servers, or interfere with any other party's use and enjoyment of the Website and/or Services. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the Services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other user of the Services of or visitor to the Website, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Services or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes any proprietary or non-proprietary rights.

SERVICES

Upon registration Company provides you with a web-based software application on a non-exclusive basis and hosted on a remote web server controlled by StivaSoft or other third party. All files and databases are hosted on our servers.

The hosting services and the Services do not include any deployment, training or other consulting or professional services which, if applicable, will be specified in a statement of work. Any other services related to the Software, such as customizations or program modifications and additions, shall be pursuant to separate written agreement.

REGISTRATION, REPRESENTATIONS, AND WARRANTIES AT REGISTRATION

You must register account before being able to use the services. By completing the registration process, you consent to enter into this agreement to use the Services. Company accepts this offer by activating the membership for the use of Services.

You warrant and represent that all of the data provided during the registration process is accurate and complete. In the event of any changes in your data, you shall promptly make such changes known to the Company without undue delay. You shall not use pseudonyms or pen names for the purpose of creating and maintaining multiple profiles, or to engage in any illegal or prohibited activity.

You are obliged to keep this password secret. Company shall not disclose the password or any other private profile information to any third party, except where such disclosure may be compelled by law.

Each user is entitled to register only once, and the user may only establish one (1) user profile.

LIMITED MONTHLY LOADS

The use of the Software is limited to 3 000 monthly views (loads). In event of exceeding the number of permitted loads you will be asked to upgrade your account or eventually to purchase your own copy of the Software. Please note that purchasing your own copy is subject to another terms and conditions available on http://www.phpjabbers.com . If you do not agree with them do not purchase the Software.

UPGRADING FROM FREE ACCOUNT TO PAID ACCOUNT

In event of exceeding the number of permitted loads you will be asked upgrade your membership from a free account to a paid account. You can manage your membership and choose your payment method in your account section.

YOURS RESPONSIBILITY

You shall be solely responsible for providing and maintaining the internet access and all necessary telecommunications equipment, software and other materials, necessary for accessing the Software and using the Services.

PROPRIETARY RIGHTS

Except the limited access rights granted upon registering and activating the Services, all right, title and interest in and to the Software (including any and all modification as a result of any implementation services rendered) are and shall remain the exclusive property of the Company.

DISCLAIMER OF WARRANTIES

The Services and all information on the Website is provided on an “as is” and “as available” basis. We do not provide warranties or representations of any kind except expressly provided above. We disclaim all representations and warranties, not expressly provided herein, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non infringement; and make no warranties that the Website, the Services and all information will be complete, accurate, uninterrupted, secure, or error free. All information on the Website may be changed without notice, except otherwise is not provided herein.

Without limiting the express warranties set forth in these Terms and Conditions, we do not warrant that the Software or the Services will meet your requirements or that the access to and use of the Software and Services will be interrupted or free of errors or omissions. We cannot and do not guarantee the privacy, security, authenticity and non-corruption of any information transmitted through, or stored in any system connected to the Internet. We will use all reasonable efforts to adequately maintain, and upgrade as necessary the Services. However, except as expressly set forth herein, we shall not be responsible for any delays, errors, failures to perform, or disruptions in the hosting services caused by or resulting form any act, omission or condition beyond our reasonable control.

LIMITATION OF LIABILITY

In no event shall Company be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits arising out of or relating to these Terms and Conditions or the use or inability to use the Services , even if it has been advised of the possibility of such damages.

PRIVACY POLICY

Privacy Policy is incorporated herein by reference and governs all collection, storage and usage of personal data. By accepting the terms and conditions in this section, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

PROMOTIONAL MATERIALS

Under your registration for the Services you agree to receive emails with promotional materials. Please note that unsubscribing from our mailing list may resulted in deactivating your account.

TERMINATION
You may terminate this agreement at any time by contacting us to request deactivation.
Company may terminate this agreement and Service if you refuse to upgrade your account in event of exceeding the number of permitted loads.
Please note that unsubscribing from our mailing list may also resulted in deactivating your account.

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. The User agrees to regularly review these Terms of Use and be aware of the changes made. By continuing to use the Site after any posted revision, the User agrees to abide by it.

Privacy Policy

Company insures that all personal information being voluntarily submitted in the processing of using the Website and the Services will be kept strictly confidential and used "solely" by Company, its authorized representatives, employees and licensees; for the strict purpose for which it was intended, and for your benefit and the best performing of the Services. We agree not to share, rent, sell, or release this information to any individual, entity, or third party, for any reason, without the your specific written consent; with exception as required by Law, Regulation, or Governmental Authority.

WHAT WE COLLECT

Different types of personally identifiable information are collected from the user by Company in order to be able to provide its services. These includes, but is not limited to: name, mailing address, telephone numbers, email addresses and other information that may be needed for providing the services requested by the user. All this information is provided voluntarily.

We also collect different types of non-personally identifiable information about its website visitors. These include but are not limited to referral URL's, Users' IP addresses, access times, referring web site addresses.

Some of the information is collected through Cookies, which are small pieces of data that are sent to your browser from a web server and are stored on your computer's hard drive. Cookies allow us to enhance and customize your online experience and improve our site. You may set your web browser to notify you when you receive a cookie and you may also erase cookies from your browser.

We may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.

We do not collect or transmit sensitive information (such as a credit card number) over the internet; all information regarding credit card holder or credit card number, or other like is verifying and processing by third parties (PayPal or any other payment processing company) in order to process the credit card transaction. These third parties are not authorized to use your information for any reason other than to fulfill our service.

USE OF YOUR PERSONAL INFORMATION

We use the collected information mainly to provide the Services. The information can also be used for sending periodic emails announcing important service changes, new features, technical issue updates and news, different promotions etc. Based on the data collected we try to improve its advertising and sales efforts, website layout and content and to make the overall user experience more rewarding.

HOW SECURE IS THE INFORMATION WE COLLECT?

We are committed to protecting and securing all provided information. However, there may be security and privacy limitations which are beyond our control. By choosing to provide personal information you understand and agree that the security, integrity and privacy of the information cannot be 100% guaranteed.

LINKED SITES

This Website may contain links to external web sites. If you use any of the external links, you will be redirected to a site which is not covered by our privacy policy. This privacy statement applies solely to information collected on brolmo.com website.

We reserve the right to change the above Privacy Policy at any time. Such changes will become effective and binding after their posting on brolmo.com website. You agree to regularly review this Privacy Policy and be aware of the changes made. By continuing to use the Services and website after any posted revision, you agree to abide by it.