Terms and Conditions
Acceptance of the terms and conditions
By using
the website
(hereinafter referred to as the "Website", "We" or "us"), you declare that
you accept these Terms and Conditions. If you do not agree with
these Terms and Conditions, please do not use our
Website. We reserve the right to amend, modify
or otherwise update this policy at any time.
We encourage visitors to review these Terms and
Conditions from time to time. Continued use of the Website
after the changes to these terms are posted signifies
acceptance of the changes.
1. Your account
If you create an account on our Website, you are
responsible for maintaining the security of your account and are
fully responsible for all activities that take place under
the account and for any other actions
taken in connection with the account. You agree to provide and
maintain accurate, current and complete information,
including your payment details and contact
details for notifications and other communications from us. You are
not permitted to use false or misleading information in
connection with your account.
2. Responsibility of the users of the website, products and/or
services
Your access to the Website, the Products and/or the Services
and your use of them must be lawful and comply with
these Terms, as well as with any other agreement between you
and us. When accessing or using the Website, the Products
and/or the Services, you must always behave in a civil and
respectful manner. We expressly prohibit any use of the Website, the
Products and/or the Services and you agree not to use the
Website for any of the following:
- Engaging in conduct that would constitute a criminal offense, would
create civil liability or would otherwise violate
any law or regulation of the city, state, country or
abroad, which would not be in accordance with the accepted internet
protocol,
- Communicating, transmitting or publishing material that is protected by
copyright or otherwise belongs to third parties, unless you are
the copyright owner or have the owner's permission to
publish it,
- Sharing, transmitting or posting material that discloses trade
secrets, unless you are the owner of them or have the
owner's permission,
- Communicating, transmitting or posting material that infringes the intellectual
property, right of privacy or publicity of another,
- Attempting to interfere in any way with the Website, or with our
networks or with network security, or attempting to use our
Website to gain unauthorized access to
any other computer system,
- Accessing data that is not intended for you or logging into a
server or account which you are not authorized to access,
In addition, if you manage an account, contribute to an
account, post material on the Website, post links
on the Website or otherwise make material available through the Website
(any such material, "Content"), you are solely responsible
for the content and for any harm and damage resulting from
the said Content, regardless of whether the said Content
constitutes text, graphics, an audio file or computer
software. By making the Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the
proprietary rights, including, but not limited to, intellectual
property rights, patents, trademarks or
trade secrets, of any third party,
- you have fully complied with any third-party licenses relating to the
Content and have done everything necessary to successfully transfer
to the end users any required terms,
- the Content does not contain or install viruses, worms, malicious
software, Trojan horses or other harmful or destructive content,
- the Content is not obscene, defamatory, bigoted or racially or
ethnically objectionable and does not infringe the privacy or
publicity rights of any third party.
You are responsible for taking the necessary precautions to
protect yourself and your computer systems from viruses,
worms and other harmful or destructive content. We will take
reasonable precautions to prevent the transmission of harmful
content from our technological systems to your own technological
systems. We expressly disclaim any liability for any harm
or damage resulting from accessing or using the Website, the
Products and/or the Services or accessing or using third-party
websites.
We have the right (although not the obligation) (i) to refuse or
remove any Content that, in our reasonable opinion,
violates any of our internal policies or is in any
way harmful or objectionable, or (ii) to terminate or refuse
access to and use of the Website, the Products and/or the Services
to any person for any reason, at our sole
discretion.
3. Fees and payments
By purchasing our Products and/or Services, you agree to
pay fees or annual subscription fees for the said Product or
Service. The configurations and prices of the Website, the Products
and/or the Services are subject to change at any time, and we may
modify the configurations, fees, prices and
offers, provided that no price change will apply to
you during a subscription period and will take effect
only after you agree to an extension, upgrade or renewal of the
subscription period. You agree to any such changes, if you do not
object in writing within seven (7) working days of receipt,
or of an invoice, incorporating or announcing the fee and/or
price changes. All prices do not include, and you must pay all
taxes, duties, levies or fees or other similar charges.
4. Use of third-party content and material
By
operating the Website, we do not state or imply that we adopt
the material posted there or that we believe that such material is
accurate, useful or harmless. The Website may contain
content that is offensive, obscene or otherwise objectionable, as well as
content that contains technical inaccuracies, typographical errors and other
errors. The Website may also contain material that infringes
privacy or publicity rights, infringes intellectual
property and other proprietary rights of third parties or the downloading, copying or
use of which is subject to additional terms and conditions,
stated or not. We disclaim all liability for any harm and/or
damage resulting from the use or downloading of postings by other parties on the
Website.
5. Content posted on other websites
We have not reviewed and cannot review all the material,
including computer software, made available through the
websites and web pages to which our Website refers and
which refer to our Website. We have no control over these
third-party websites and web pages and are not responsible for
their content or use. By linking to a third-party website or web
page, we do not state or imply that we endorse
the said website or web page.
6. Copyright infringement
We encourage you to respect the intellectual property rights
of others. If you believe that material found on or
linked to the Website infringes your copyright, please
notify us immediately. We will respond to all such
notifications, including, as required or appropriate, by
removing the infringing material or disabling all
links to the infringing material.
7. Termination
You may terminate your agreement and close your
account with us at any time, effective on the last day
of the term of your subscription, by sending an email
message. We may terminate our relationship with you or
terminate or suspend access to the Website, the Products
and/or the Services at any time, including the use
of any software, (i) if you violate these Terms, (ii)
if we have reasonable suspicions that you are using the Website, the Products
and/or the Services to violate the law or to violate
the rights of third parties, (iii) if you do not pay any amounts that
are owed to us, (iv) if you violate any applicable law or
regulation. Upon termination of your account for the above
reasons, there will be no refund of fees and you will be prohibited from
accessing the Website, the Products and/or the Services,
including all their data. If you believe that we have not
performed or that the Services are defective, you must
notify Us in writing and give a period of fourteen (14) days
for the rectification of the defect. If we do not rectify the
defect within this rectification period, you may terminate
the subscription with immediate effect, upon written notice to us.
8. Changes
The configurations and specifications of the Website,
including without limitation all the content that is
available there, the Products and the Services may be modified
and/or updated from time to time, at our
discretion. You are bound by any such changes or updates,
unless the said changes materially reduce the functionality and
value of the Website, the Products and/or the Services.
9. Special notice regarding children
The Website is not designed for or intended for use by
children under 1 year of age and our Products and Services cannot
be purchased by children under 16 years of age. We do not knowingly collect
personal information from visitors who are under 16 years of age. If
you are under 16 years of age, you are not permitted to submit personal
information to us. If you are under 16 years of age, you should use the
Website only with the consent of a parent or guardian.
10. Limitation of warranties
We and our licensors make no warranty or representation
in connection with the Website, the Products and the Services, or any
linked website or its content, including the
content, information and material therein or the accuracy,
completeness or timeliness of the content, information and
material. Also, we do not warrant or represent that access or
use of the Website, the Products and/or the Services or any
linked website will be uninterrupted or free from errors
or omissions, that defects will be corrected or that the Website, the
Products and/or the Services or any linked website is
free from computer viruses or other harmful components. We do not
assume any liability and will not be responsible for any damages
or viruses that may infect your computer equipment or
other property due to your use of the Products or the Services, or
accessing, using or browsing the Website, or downloading or
uploading any Content from or to the Website. If
you are not satisfied with the Website, your sole remedy
is to discontinue using the Website.
No advice, result or information, oral or written, that
you receive from us or through the Website, creates any
warranty that is not expressly stated herein. We do not adopt,
endorse, approve, encourage or necessarily agree with
any content or any user content, or any
opinion, recommendation, content, link, data or advice
expressed or implied therein, and we expressly disclaim all liability in
connection with user content and any other content, material or
information available on or through the Website, the
Products and/or the Services, which were created or provided by
users or other third parties.
11. Limitation of liability
In no event shall any party, its subsidiaries and
affiliates, their respective directors, officers, employees or
agents and other representatives, be liable for any
indirect, consequential, incidental, special or punitive damages,
including, but not limited to, lost profits and interruption
of business activity, whether in contract or in
tort, including negligence, arising in
any way from the use of the Website, the Products, the
Services and/or the Content thereof or any website
hyperlinked, even if the said party has been expressly advised of the
possibility of such damages. Except for damages related to
legally proven or admitted intellectual property infringement
caused by the Products and/or the Services, as delivered by
a party without third-party content, in no event shall the liability of a
party exceed the total amounts we received from you during
the six (6) month period immediately preceding the
date on which the damages first occurred.
12. Your representations and warranties
You represent and warrant that your use of the Website, the Products
and/or the Services will be in accordance with any agreement
between you and Us, the Privacy Policy, these Terms, and
with every applicable law and regulation, including, but not limited to
and not exclusively, any local laws or regulations of your country, state,
city or other governmental area, regarding online
conduct and acceptable content, and
including all applicable laws regarding the transmission of
technical data exported from the country in which you reside, as well
as with any other applicable policy or terms and conditions.
13. Indemnification
Subject to the limitations set forth herein, the parties
agree to defend, indemnify and hold each
other harmless, including their subsidiaries and affiliated companies,
their respective directors, officers, employees or agents
and other representatives, from and against all claims, losses,
damages, liabilities, and expenses (including, but not limited to, reasonable
attorneys' fees and court costs), arising from,
related to or in connection with (i) a material breach of these Terms or
any agreement between the Parties, or (ii) any allegation
that any information or material (including any
Content) infringes any rights of any third
party.
You understand and agree that, by using the Products and/or
the Services, you are solely responsible for any data,
including personally identifiable information that may be
collected or processed through
our Products and/or Services. You will defend us, indemnify
us and hold us harmless, without any limitation,
for all damages in connection with (alleged) violations of any
privacy laws through the use of the Products and/or the Services
under your account.
14. Miscellaneous
If any part of these Terms is found to be invalid or
unenforceable, the said part will be interpreted to reflect the
original intent of the Parties and the remaining parts will remain in full
force. The waiver by one of the parties of any term or condition of
these Terms or of any breach thereof, in any
case, does not imply a waiver of the said term or condition or
of any subsequent breach thereof. You may assign your
rights under these Terms only to any party that
consents and agrees to be bound by the terms hereof in
writing. We may assign our rights under these
Terms at our discretion. These Terms bind and
inure to the benefit of the parties, their successors and their
permitted assignees. You agree that there is no relationship
of joint venture, partnership, employment or agency between you and us as
a result of the Terms or your use of the Website, the Products and/or
the Services.