- Acceptance of Agreement
- Permitted and Prohibited Use of the Website
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Devolutions.
You may not:
- use the Website in order to transmit, distribute, store or destroy its contents (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) in a manner that is defamatory, obscene, threatening, abusive or hateful;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
- sell or resell any part of the Website or access to the Website;
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Devolutions will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- No Linking, Framing, Mirroring, etc.
Links to the Website without the express written permission of Devolutions are strictly prohibited. To request permission to link to the Website, please send an email to firstname.lastname@example.org. Devolutions may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
- Misprints and Product Availability and Prices
Devolutions endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Devolutions cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Devolutions does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
Devolutions reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services and any other Website content without any notice or liability to you or any other person. Devolutions does not make any commitment to update the Website.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in U.S. dollars.
- Forums and Postings
You are responsible for your own communications and are responsible for the consequences of your postings. You must not, and by using this Website you agree not to, do the following things:
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- post a sexually-explicit image or statement;
- post advertisements or solicitations of business, post chain letters or pyramid schemes;
- impersonate another person; or
- post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
By submitting content to any public or non-public area of the web site, you grant Devolutions and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
- Login Names and Passwords
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively “Codes”) by Devolutions. For the purposes of accessing the Website, the Codes remain the property of Devolutions and may be cancelled or suspended at any time by Devolutions in its discretion without any notice or liability to you or any other person.
Devolutions is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Devolutions may act upon any communication that is given with the use of Codes. Devolutions may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Devolutions is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with these Terms and Conditions; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Devolutions by email to email@example.com if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.
- Software Agreements
Devolutions may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
- Submitted Information
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Devolutions will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Devolutions or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
- No Warranties, Disclaimers and Liability Exclusions and Limitations
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY DEVOLUTIONS TO THE FULLEST EXTENT PERMITTED BY LAW.
DEVOLUTIONS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DEVOLUTIONS IS NOT RESPONSIBLE FOR THOSE COSTS.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
- Protection of Personal Information
- Links to Other Sites
- Governing Law and Dispute Resolution
- General Provisions
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.