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Terms

LAST UPDATED – March 2023

1. You Agree to These Terms by Using This Site

Your access to and use of gondola-it-consulting.com, including the website’s “Content,” “Services,” and “Software” (collectively referred to as the “Site”) are subject to the following Terms of Use as well as to all applicable laws and regulations (referred to as the “Agreement”). If you do not agree to and accept these Terms of Use and this Agreement, please exit the Site immediately.  

2. Ownership of Content 

The Site and all its contents, including but not limited to all text, images, audio, and video (collectively, the “Content“) are owned and copyrighted by Gondola IT Consulting Ltd. (“Gondola”), its subsidiaries, sponsors, or affiliated companies (collectively, the “Affiliated Entities“), or others, with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is a registered and/or unregistered trademark of Gondola or others. Your use of any Content, except as provided in these Terms of Use, without prior written permission of the Content owner is strictly prohibited. You are also advised that Gondola will aggressively and fully enforce its intellectual property rights under the law, including seeking criminal prosecution, when applicable. 

3. Your Use of the Site (Permissions and Prohibitions) 

Gondola permits you to use the Site as follows: 

  • This Site contains various Content, as described above. The only Content you may download from this Site is that which is made specifically for downloading. You may download such Content for non-commercial, personal use, provided that you retain all copyright and other proprietary notices contained on the Content.
  • You must comply with all applicable laws, rules, and regulations while using the Site. You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise use Content without the express and written permission of Gondola.
  • You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law (“Prohibited Material”). Gondola will fully cooperate with any law enforcement authorities or any court order requesting or directing Gondola to disclose the identity of anyone posting or transmitting Prohibited Material. What Gondola considers Prohibited Material may not be the same as what the general public considers inappropriate; therefore, Gondola reserves the right to decide, in its sole discretion (except for that which is strictly prohibited and defined by law), what is inappropriate and therefore Prohibited Material.
  • You are prohibited from using the Site to impersonate any person or entity, including any Site moderator or any representative of Gondola or its Affiliated Entities, or falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site, or stating or implying that Gondola endorses any statement you make. 
  • You are prohibited from using the Site to advertise or perform any commercial solicitation or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site.
  • You are prohibited from using the Site to post or transmit any virus, worm, Trojan Horse, Easter egg, time bomb, adware, spyware, malware, rootkit, keylogger, ransomware, or any other computer code, file, or program that is harmful or invasive or could damage or hijack the operation of or monitor the use of any hardware, software, or equipment of Gondola or any other person, entity, or governmental body.
  • You are prohibited from using the Site to violate the legal rights of others or to collect personally identifiable information about Site users.
  • You are prohibited from restricting any other person from using the Site, from interfering with or disrupting the operation of the Site or the servers and/or networks used to make the Site available, and from violating any requirements, procedures, policies, or regulations of such networks.
  • You are prohibited from modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site. 
4. Software, Services, and User Content 

Gondola may occasionally provide Site users with access to specialized content and interactive services (collectively, the “Services”) through which users can display or post information and materials. Gondola may also occasionally provide users with access to certain software tools (collectively, the “Software”) that can be used for various purposes, including but not limited to viewing video provided by the Site, interacting with other Site users, or creating content. 

The Services and Software, the information and materials made available through the Site, and all software used to make the Site available are and shall remain the exclusive property of Gondola and its licensors and suppliers. They are protected by copyright, trademark, patent, and/or other proprietary rights and international laws.  

Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Gondola to access and use the Site, you may download and view one (1) copy of any Content and Software on the Site to which Gondola provides access or download permission, on any single computer. This download is solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized in writing in advance by Gondola, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works from (whether in whole or in part), reverse engineer, decompile, or disassemble any Services or Software, all or any part of the Site, or any materials made available through the Site. Certain Software may be governed by an additional end user license agreement or “EULA” to which you may be required to agree before using such Software. The EULA, if required, can be found on this Site. 

With respect to information or materials that you choose to display or post on any interactive services of the Site (“User Content”), you grant Gondola and the Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, compensation-free, perpetual, irrevocable right and license to: (a) use, reproduce, distribute, adapt (including without limitation to edit, modify, translate, and reformat), derive, transmit, display, and perform (publicly or otherwise) such User Content (including, without limitation, your voice or likeness as embodied in such User Content), in any media now known or hereafter developed, for Gondola’s and the Affiliated Entities’ business purposes, and to (b) sublicense the aforementioned rights, through multiple tiers, to the maximum extent permitted by applicable law. The aforementioned licenses shall survive termination of this Agreement. For each item of User Content, you represent and warrant that you have all rights necessary to grant the licenses granted in this section and that such User Content (as applicable) and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you may have under any applicable law under any legal theory. 

For any User Content, you acknowledge and agree Gondola reserves the right (but has no obligation) to evaluate all User Content before allowing it to be posted on the Site or otherwise stored in connection with the Site. You also acknowledge and agree that Gondola may do any of the following, at its sole discretion: (a) monitor User Content; (b) alter, remove, or refuse to post User Content or allow it to be posted or stored; (c) monitor and/or filter any of your communications through the Site (including, without limitation, by blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (d) disclose User Content or any communication through the Site, and the circumstances surrounding the transmission thereof, to any third party in order to: (i) operate the Site; (ii) protect Gondola and the Affiliated Entities and their respective sponsors, employees, officers, directors, shareholders, agents, representatives, and affiliates, and the Site’s users and visitors; (iii) comply with legal obligations or governmental requests; (iv) enforce these Terms of Use; or (v) for any other reason or purpose. In addition, Gondola has no control over, and Gondola and the Affiliated Entities shall have no liability to you for any damages resulting from the use (including but not limited to republication) or misuse by any third party of information voluntarily made public by you through any User Content or any other part of the Site. 

Please note that other Site visitors may post messages or make statements in the Services that are inaccurate, misleading, deceptive, or offensive. Gondola and Affiliated Entities neither endorse nor are responsible for any opinion, advice, information, or statements made in any Services by third parties. Without limitation, Gondola and the Affiliated Entities are not responsible for any information or materials made available through the Services (including but not limited to errors or omissions in postings or links or images embedded in messages or profiles), or results obtained by using any such information or materials. Under no circumstances will Gondola, the Affiliated Entities, or their respective employees, officers, directors, shareholders, agents, representatives, or affiliates be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Services solely reflect the opinions of the individuals who submitted them and not the opinions of Gondola or any of the Affiliated Entities. 

IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR ANY USER CONTENT, YOU DO SO AT YOUR OWN RISK. GONDOLA ASSUMES NO LIABILITY IN EQUITY OR LAW FOR SUCH DISCLOSURE UNDER ANY LEGAL THEORY. 

5. Registration: Usernames and Passwords 

You may be required to register with Gondola to access certain areas of the Site. Regarding such registration, Gondola may refuse to grant you, and you may not use, a username (or email address) that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the intellectual property or other rights of any person, that is determined offensive by Gondola (regardless of general public acceptance), or that Gondola rejects for any other reason at its sole discretion. You are responsible for maintaining the confidentiality of any password you use to access the Site, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to the Site, to any third party. If you do so, you agree that we may immediately terminate your use of the Site.  

You are fully responsible for all Site interaction that occurs in connection with your username or password. You agree to immediately notify Gondola of any unauthorized use of your username or password or any other breach of security related to your account or the Site, and to ensure that you log out of (i.e., exit) your account with the Site (if applicable) at the end of each session. Gondola is not liable for any loss or damage arising from your failure to comply with any of these terms. 

6. Privacy and Data Protection 

Any personal data (for example, your name, address, telephone number, or email address) that you transmit to the Site by email or otherwise will be used by Gondola in accordance with the Privacy Policy as posted and updated on the Site. Any other communication or material you transmit to the Site, such as questions, comments, or suggestions, will be treated as non-confidential and non-proprietary. Email and other transmissions will not be encrypted or otherwise secured. You represent and warrant that any information you provide in connection with your use of the Site is and shall remain true, accurate, and complete and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete, or incomplete, we may immediately terminate your use of the Site. 

7. Disclaimer of Warranties 

THE SITE AND ALL SOFTWARE, SERVICES, CONTENT, AND USER CONTENT MADE AVAILABLE THROUGH THE SITE ARE SUBJECT TO CHANGE AND ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  

Please note that certain jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. While not limited to the aforementioned exclusions, Gondola neither warrants nor represents that your use of the Site, any Software, Services, Content, or User Content will not infringe the rights of any third parties nor that any of the foregoing will be accurate, complete, or up to date. Additionally, with reference to any postings, submissions, and the like that may be on the Site, Gondola assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law contained in any such locations on the Site. 

8. Exclusion of Liability  

YOUR USE OF THE SITE OR ANY SOFTWARE, SERVICES, OR MATERIALS AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK. NEITHER GONDOLA, NOR ANY OF ITS AFFILIATED ENTITIES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, SHAREHOLDERS, LICENSORS, AND REPRESENTATIVES, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES. THIS INCLUDES DAMAGES ARISING OUT OF OR CONNECTED WITH THE USE OF THIS SITE, THE SERVICES, SOFTWARE, CONTENT, OR USER CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES, SOFTWARE, CONTENT, OR USER CONTENT, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER GONDOLA NOR ANY OF ITS AFFILIATED ENTITIES WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR SOFTWARE, OR RESULTING FROM ANY CONTENT OR USER CONTENT POSTED ON THE SITE BY GONDOLA OR ANY THIRD PARTY. YOUR SOLE COURSE OF ACTION IF YOU ARE DISSATISFIED WITH THE SITE IS TO STOP USING IT.

Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

9. Links to Third-Party Sites  

The Site may contain links to sites owned or operated by parties other than Gondola (“Third-Party Sites”). Such Third-Party Sites are provided for your convenience only. Gondola does not control and is not responsible for the content or privacy policies on, or the security of, such Third-Party Sites. Though this list is not exhaustive, Gondola specifically disclaims any responsibility if such Third-Party Sites do the following:

  • Infringe any Third Party’s intellectual property rights
  • Are inaccurate, incomplete, or misleading
  • Are not merchantable or fit for a particular purpose
  • Do not provide adequate security or protection of your privacy
  • Contain viruses or other destructive items
  • Are libelous or defamatory

Gondola does not control or endorse the content nor any products or services available on Third-Party Sites. If you establish a link to such Third-Party Sites, you do so at your own risk and without actual or apparent permission from Gondola.

10. Export Control  

Software and other materials from this Site may be subject to certain international Export Control and Dual Use Export Control laws and regulations. These laws and regulations prohibit the export of certain technical data and software to certain countries. Gondola does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by either of these Export Laws or to anyone on any prohibited list. By downloading or using any Software, you represent and warrant that you are not located in, under the control of, acting on behalf of, or a national or resident of any such country or on any prohibited list, and if you do so, you may be subject to penalty under such law including but not limited to incarceration and monetary fines.

11. Indemnity  

You agree to defend, indemnify, and hold harmless Gondola, the Affiliated Entities, and any other party involved in creating, producing, or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors, and representatives, from and against all claims, losses, costs, and expenses (including but not limited to lawyers’ fees) arising out of: (a) your use of or activities in connection with the Site (b) any violation of these Terms of Use by you or through your account, or (c) any allegation that any submission or User Content that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party.

12. Termination  

You agree that Gondola, in its sole discretion, may terminate your access to or use of the Site and the Services at any time and for any reason, including but not limited to if Gondola believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may take effect without prior notice and that Gondola may immediately deactivate or delete your account, including your password and all related information and files associated with it, and we may bar further access to such information. You agree that neither Gondola nor any of the Affiliated Entities will be liable to you or any third party for such termination and that Gondola will not be required to make such information available to you after you are terminated.

13. Revisions to the Terms  

Gondola may revise these Terms of Use at any time, without notice, by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the most current Terms of Use. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” date at the top of this document. If your failure to review these Terms of Use results in a change in the way this Site is used that adversely affects you, it will not be a defense that you were not notified of the change.

All content and services made available through the Site that were not made available as of the “LAST UPDATED” date shall automatically be deemed part of the Services when first made available through the Site. Any software or tools made available through the Site that were not made available as of the “LAST UPDATED” date above shall automatically be deemed to be Software for purposes of this Agreement when first made available through the Site.

When using any Services or Software on the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such Services or Software. These rules, terms, and conditions are hereby incorporated in the Terms of Use by this reference.

14. Revisions to the Site  

Gondola reserves the right to do the following at any time, temporarily or permanently, in whole or in part: (a) modify or discontinue the Site, the Services, or the Software, with or without notice; (b) limit the Site’s availability to any person, geographic area, or jurisdiction; (c) charge fees in connection with the use of the Site; (d) modify and/or waive any fees charged in connection with the Site; or (e) offer opportunities to some or all users of the Site. You agree that neither Gondola nor any of the Affiliated Entities shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, in whole or in part, or of any Service, Software, Content, submission, feature, or product offered through the Site. Your continued use of the Site after such changes indicates your acceptance of those changes.

15. Choice of Law, Jurisdiction, and Venue  

These Terms of Use and your use of the Site are governed by the laws of Hong Kong, without regard to its choice of law provisions and without regard to your country or state of residency. The courts of general jurisdiction located in Hong Kong will have exclusive subject matter and personal jurisdiction over any disputes arising out of, relating to, or concerning these Terms of Use and/or the Site, or in which these Terms of Use and/or the Site are a material fact. You waive any jurisdictional, venue, or inconvenient forum objections to such courts.

16. Severability  

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms of Use. This will not affect the validity and enforceability of the remaining provisions herein.

17. Void Where Prohibited  

Although this Site may be accessible worldwide, not all services referenced within it are available to everyone or in all locations or jurisdictions. Gondola reserves the right to limit the availability of this Site and/or the provision of any Service to any person, geographic area, or jurisdiction that it so desires, at any time, and in its sole and exclusive discretion.

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