Terms and Conditions

Terms and Conditions

1. TERMS OF USE
By using this website you are accepting terms and conditions of this disclaimer notice. If you do not agree with anything in this notice you should not use this website. This notice is an agreement between the registered users and YouSpice. Use or reproduction of content or materials of this website for any purpose not expressly permitted is prohibited. See also section 5 on copyright information.
If you do not accept or comply to terms and conditions set out in this disclaimer, YouSpice reserves the right to terminate your access to all or part of this site, with or without notice and to review this disclaimer notice.
Changes and further notice will be effective within 24 hours after publication on the website www.youspice.com and will be given in the language used in the license agreement subject to acceptance or eventually notified by sending an e-mail to user.

2. WEBSITE CONTENTS
YouSpice is a “social market place”, an interactive site, where registered users can contribute by uploading their simulation and SPICE projects files of electronic circuits for free or in exchange for credits. Registered users can download free projects , they can also download “For Credits” projects using the credits in their account.

3. PRIVACY POLICY
YouSpice wants to protect the privacy of users of the website http://www.youspice.com and ensure the confidentiality of personal information you provide. We ensure the compliance of the data processing to applicable Italian laws (see attached pdf Italian Privacy Code), regulations and international standards (according to “Madrid Resolution”, November 5, 2009 on “International Standards on the Protection of Personal Data and Privacy” pdf) so that any and all personal information may be handled in a proper manner. Any modification will be reported in this privacy policy. Before you register, please read carefully terms and conditions of use of this website. The requirements in order to subscribe are listed below.
The Users must give all the required information filling all the fields marked with asterisk (*) in the registration form, as they are strictly necessary to provide you with the requested services. The filling of the other fields is voluntary. The user guarantees that the personal information provided by filling the registration form are true.

Conditions for user registration
The YouSpice users are private or companies who subscribe to this website. They must fill all the information name, surname, nickname, country, e-mail address. They have access to a reserved area with login and password, where are kept all the information on their purchases history.
No credit card information is requested, because during transaction, these data are managed by the site www.paypal.com.

By using our website and by registering for any of the services or products, you accept that such personal data will be gathered and stored in our databases. You may update your Personal Information at any time by going to your personal area ( "Your Area" voice of main menu). We will maintain appropriate safeguards to ensure the security, integrity and privacy of your personal data. We do not share personal data with other companies for marketing or similar purposes.
We may also occasionally use it to inform you of new services and products related to those you have ordered and of changes and activities within YouSpice website. By registering for services and products in our website, you can agree to YouSpice using your email address in this way, by choosing this option when filling the registration form. Please note that we take no responsibility for personal data posted on any open forums or message boards. The controller of the data collected is YouSpice, in Falconara Marittima (Ancona) - Italy. Anytime you are free to exercise your rights under art. 13 Legislative Decree n. 196 dated June 30 2003, by sending an e-mail to info@YouSpice.com with the request to check, confirm, modify, delete or process in any other way your data.

4. PAYMENT
The prices of Credits for downloading virtual products, and to gain access to the Premium content of the site, are clearly listed on this website. You can proceed with the payment of the total amount of the order only by Paypal. As soon as we receive the payment, you will receive the amount of purchased credits, visible in your personal area.

5. COPYRIGHT INFORMATION
All rights of use are reserved.
The text, designs, images, databases, logos, structure, trademarks and other contents of this website are protected by YouSpice or projects owners intellectual and industrial property rights and of third parties who have duly authorized the use of described elements by completing a registration form or through specific agreements with YouSpice or users. All the projects uploaded on this website are covered by copyright. Any use of the file or its contents that is not specifically authorized by the owners or by Italian and international Copyright Law is prohibited. Any reproduction or other use of all or part of this website contents is strictly prohibited, unless prior permission of YouSpice, content or projects owners or third parties and may lead to extrajudicial, judicial, civil or criminal proceedings as appropriate. For the purpose of avoiding any infringement of intellectual and industrial property, if you believe that your rights have been violated, due to any content of this website, please notify immediately to info@YouSpice.com , providing data of the owner of the rights and a brief description of the content protected by intellectual property rights and its location on the website and a declaration of full responsibility for the information submitted.
Exceptions to copyright
By downloading the files you accept and agree to be bound by the terms and conditions of the following licenses. The projects authors grant you the rights contained above in consideration of your acceptance of such terms and conditions.
Limitations on liability
In no event shall projects authors and YouSpice be liable to you on any applicable law for any incidental, consequential, punitive damages arising out of the license agreement or the use of the project files. (For warranties disclaimer, read more above in section 7).

LICENCE AGREEMENTS
This Agreement is between the authors sharing "Projects files" and the users who downloads "Project files" from this website. You may not allow anyone else to use your username or password. For the purpose of this Agreement, "Project files" are defined as any simulation, schematics ,or PCB, microcontroller source code, and any files made available for download on this website and any image of schematics .

The user is granted a non-exclusive, non transferable license to use the Project files, for studying or realize electronics devices for personal use only, in no way related to commercial activities.
The license enables him to make free copies, modify, translate, incorporate the files, only if it remains for private/non commercial purposes. Private copying is not a right, but an exception to the author’s exclusive right of reproduction, so far as it doesn’t prejudice the legitimate interests of the author.
Licensee may NOT, however, resell, transfer or sublicense the project files to any third party, in whole or in part, in any form, whether modified or unmodified.The user may NOT distribute the Projects files, electronically or in hard copy, share Projects files across a network, on a CD, on a Website or in any other way;
The user may NOT use Projects files for public educational purpose in schools, colleges, high school, universities, courses fee.

6. CONDITIONS OF TRANSACTIONS
The credits can be purchased or earned in the following ways:
1) Uploading a “Free” project allows the users to earn 1 credit.
2) Uploading a “For Credits” project, after evaluation by YouSpice team, allows the users to earn a number of credits greater than or equal to 1, depending on the complexity and originality of the project.
3) Uploading an unpublished article, not yet present in Internet, about SPICE simulation topics, allows the users to earn a number of credits greater than or equal to 1, depending on the contents of the article.
Credits can be purchased, they can not be refunded if they are not used or in any other situation. The Credits earned by uploading articles or projects can be used to download other projects or to buy services whose prices are expressed in credits.

7. WARNINGS AND WARRANTY DISCLAIMER
The customers are warn that:
• they must accept the licensed project “AS IS”;
• the project files are prototypes therefore:
• may not have European Community or other international security standards necessary for approval and trade of an electrical / electronic device, unless explicit statement by the author on acceptance of responsibility;
• the functionality of the project files:
• depend on the reliability of mathematical models and the accuracy of designer’s work;
• is guaranteed only through an electronic simulation test;

The Users who upload projects:
• that publish their project drafts obtained by simulation, agree to publish reproducible results from a user with the same simulator (they must clearly specify the version and type of simulator used) and will be liable in case of misleading advertising or information;
• cannot publish project files designed by others or covered by copyright, without specific authorization of his author;
• may withdraw their project files from the website at any moment and can delete the data provided at the time of registration or when uploading the projects (for data processing read more in section 8 – Privacy Policy);

YOUSPICE provides no warranties:
• that the functions contained in the downloaded project files will meet customer requirements;
• for damage caused to property and persons deriving from the running of project files;
• of merchantability or fitness of project files for particular purpose;
• that from this website server will derive any error, virus or bug in your computer and you accept that it is your responsibility to make adequate protection against such threats. Perhaps, we recommend scanning every file before downloading;
• for any consequence or damage relating, even indirectly with the use of this website or any linked websites.

In case of violation of any of the above mentioned, YouSpice will remove the project from the website.
In no event shall YouSpice be liable for indirect, incidental, special or consequential damages, including loss of use, loss of profits or any other damage caused by the use of the projects files published on this website.
The entire risk of the quality and performance of the projects is with the author and must be settled between customers and authors. Technical questions may be submitted directly to the projects authors.
Links to other websites do not imply any endorsement of the contents, information and products provided by such websites.

8. LAW AND JURISDICTION
This disclaimer notice shall be governed and interpreted by the Italian Laws.
If any disputes will arise out of or related to the use of this website and from transactions on this website are subject to the jurisdiction of the Italian Courts of Ancona. All the parties hereby consent to such personal and exclusive jurisdiction. If the parties do not reach a voluntary settlement through negotiation, the dispute can be settled by ADR (Alternative Dispute Resolution) or ODR (Online Dispute Resolution), provided by the Chamber of Commerce of Ancona. For more information http://www.an.camcom.it/conciliazione Mediation is a dispute resolution technique that may be applied online to consumer to consumer (C2C) and to business to consumer (B2C) disputes.If the parties do not reach a voluntary settlement through the ADR or the ODR procedure, than the parties shall have no further obligation under this clause and upon notice by either party to the other, such dispute may then be referred to the exclusive Italian jurisdiction.

9. NEWSLETTER
Any registered user agreed to receive our newsletter, information, site updates, but can disable the option while registering or later, sending an e-mail to info@YouSpice.com and specifying the request.

10. FORUM
Registered users have free access to the forums available on the website. The available forums should be used only to discuss specific topics that are dedicated. Before you ask a new question, you better read, the answer to your problem may already be in the forum! Insert your comments only to one forum.
Respect the “netiquette”, as a guideline generally known and accepted in internet communities.
Avoid to use inappropriate language and respect other’s people time and bandwidth.
Avoid arrogance or groundless criticism.It is forbidden to send offensive, defamatory, or advertising messages or give information on how to violate the laws or incitement to commit a crime.
It is forbidden to upload image of project schematics picture of projects sold or exchanged in YouSpice.
YouSpice is not liable for the contents of the forums and for damages eventually caused directly or indirectly to others. Failure to comply with the netiquette and the above can result in a penalty, consisting in days of suspension at discretion of moderator team, depending on the context of the debate.
After the days of suspension your account will be reinstated.
Intentional breaches or repeated disregard for the netiquette can result in a ban, consisting in a termination of the account without further notice.A banned user cannot register again. If he creates a new account, the fact can be reported to the competent authorities.Users cannot delete their posts on the forum or ask for deletion, even after the removal of their account.

11 LINKS TO OTHER SITES
The linked sites are not under YouSpice control and YouSpice is not responsible for the Content of any linked site or any link contained in a linked site, or any changes or updates to such sites.

IMPORTANT NOTICE AND DISCLAIMER:
No one should engage in the practical realization of a project, if not being a technical expert in electronics. You are fully aware that in many of the devices in this site, there are potentially lethal voltages. PLEASE do not never work alone, if possible, always work with a person skilled in electronics, and even if you have electronics skills, always follow the safety measures to avoid electrical shock reported in the safety guideline attached in this page.
YouSpice is not liable in any case for damages to persons or property caused by the practical realization of electronic projects published on this website.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND YOUSPICE, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND YOUSPICE RELATING TO THE SUBJECT OF THIS AGREEMENT.

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