Terms & Conditions of Use
Terms & Conditions of Use
This website is operated by SONBAY e.U. and SourceNova GmbH, doing business as CLUEVO (“CLUEVO”, “us” or “we”). These Terms and Conditions of Use apply to this website and any other websites linking to these Terms and Conditions of Use (including, but not limit to, mirrored, co-branded and successor sites) owned, operated, controlled and/or otherwise made available by CLUEVO, its affiliates and their subsidiaries (collectively, the “Website”).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO CLUEVO SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE CLUEVO SERVICES AND PRODUCTS, AND THE RELATED CLUEVO SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “CLUEVO TECHNOLOGY”).
CLUEVO IS WILLING TO PROVIDE YOU WITH ACCESS TO THE CLUEVO TECHNOLOGY THROUGH THIS WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, AND ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM CLUEVO OR ITS AFFILIATES IN CONNECTION WITH THE CLUEVO TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE CLUEVO TECHNOLOGY AND EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE CLUEVO TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM CLUEVO.
By accessing, subscribing, downloading and/or otherwise using the CLUEVO Technology, you (a) represent that you are the age of majority in your state or jurisdiction of residence, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by the terms and conditions set forth in this Agreement, and (c) agree to all operating rules and policies of CLUEVO that may be published within the CLUEVO Technology.
Copyright and Limited License
The CLUEVO Technology and all content and other materials found in the CLUEVO Technology, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, interfaces, sound files, other files and the look and feel, selection and arrangement thereof, including, without limitation, all intellectual property and proprietary rights therein (collectively, the “Website Materials”) is the proprietary property of CLUEVO or CLUEVO’s licensors and is protected by the Austrian and international copyright, trademark, and other intellectual property laws.
Subject to the terms and conditions set forth herein and any third party restrictions, CLUEVO grants you a non-transferable, non-exclusive, revocable, and non-sublicenseable limited right and license to view, use and access the CLUEVO Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the CLUEVO Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use; (b) to use the CLUEVO Technology for your internal evaluation purposes in accordance with the applicable documentation if you have registered for a trial version; and/or (c) to use the CLUEVO Technology for your internal business purposes in accordance with the applicable documentation if you have purchased a commercial use license from CLUEVO; provided you retain all CLUEVO copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by CLUEVO and CLUEVO disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the CLUEVO Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the CLUEVO Technology, or any part thereof; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the CLUEVO Technology, or any part thereof; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the CLUEVO Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of CLUEVO its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use CLUEVO Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using CLUEVO Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the CLUEVO Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the CLUEVO Technology or servers or networks connected to the CLUEVO Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the CLUEVO Technology (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users. You agree not to access the CLUEVO Technology by any means other than through the interface that is provided to you. You may not use the CLUEVO Technology for any purpose that is unlawful or prohibited by these Terms and Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CLUEVO, its affiliates or other individuals. You expressly waive any moral rights you may have in such Community Content (as defined hereinafter).
You agree to update information input by you or provided by you to CLUEVO for use in conjunction with the CLUEVO Technology or to provide any other services to you (the “User Data”) in the event that the User Data becomes inaccurate. You agree that User Data shall not include, and you shall not provide to CLUEVO, anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious. As between you and us, you retain any intellectual property rights in User Data and grant CLUEVO a perpetual, non-exclusive, royalty-free, fully paid, irrevocable, worldwide license, under any and all such intellectual property rights to the extent necessary for CLUEVO to provide the CLUEVO Technology and other services to you, including without limitation, the rights to publicly perform, publicly display, transmit, distribute, sell, resell and create derivative works. You also authorize CLUEVO to sublicense those rights to our contractors and/or business partners who help us provide the services you may request.
By making a Unsolicited Submission, you waive the right to make any claim against CLUEVO or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, and shareholders related to use of the Unsolicited Submission as permitted hereunder.
You represent and warrant that your Unsolicited Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for CLUEVO.
Electronic Delivery Policy and Your Consent
Repeat Infringer Policy
CLUEVO respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the account of any users who are deemed to be repeat infringers. CLUEVO may also, at its sole discretion, limit access to the CLUEVO Technology and/or terminate the accounts of any users who infringe the intellectual property rights of others (regardless of whether there is any repeat infringement).
You agree that CLUEVO may post your business logo on the customer page of the Website. The CLUEVO logo, the name, the CLUEVO initials, and any other product or service name. emblem, trademark or slogan contained in the CLUEVO Technology (including, but not limited to, this Website and the Website Materials) are trademarks of CLUEVO, its corporate partners, licensors, or other respective owners, and may not be copied, imitated or used, in whole or in part, without the prior written express permission of CLUEVO or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “CLUEVO,” the CLUEVO initials, or any other name, trademark or product or service name of CLUEVO without our prior written permission. Unless specifically stated otherwise, our reference to any products, services, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
All payments made to CLUEVO shall be made in Euros. Except for trial versions, all payments shall be made at the commencement of the term of your use of the CLUEVO Technology and then on an annual basis, depending on the plan you choose (described in more detail below). Some uses of the CLUEVO Technology may require you to register to receive a free trial access right. Once that trial expires, you will only be able to continue using that portion of the CLUEVO Technology by paying in advance for your additional usage.
For any upgrade or downgrade to your use of the CLUEVO Technology that you elect, you will be charged the new rate at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your service plan may cause the loss of features or capacity of your account and CLUEVO shall not be liable for such loss.
You agree to pay the price that is stated at the time of your election to purchase a particular product or plan, along with any applicable sales taxes. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities (“Sales Tax”). Sales Tax may be added to your order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.
Prices and availability of the CLUEVO Technology are subject to change without notice. To the extent permitted by law, CLUEVO reserves the right to withdraw any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit or debit card charged.
Paying for Your Order
Any credit card or debit card payments made by you via the Website are processed by a third-party payment processor. The payment processor may not support all payment methods, currencies or locations for payment. The accepted methods of payment may change at CLUEVO’s or the payment processor’s sole discretion. Please review all payment and transaction policies available on the Website and/or contact your credit card issuer for more information. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment processor in addition to these Terms and Conditions Use.
Your card will be authorized for the full amount of your purchase at the time of your order. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide CLUEVO and/or its service provider with alternative payment information to fulfill your payment obligation. You acknowledge and agree that all payments are final and will not be returned, in whole or in part. Unless otherwise specified and except to the extent require by law, all charges are nonrefundable.
By providing CLUEVO with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize CLUEVO to charge you for the services using your payment method; and (iii) authorize CLUEVO to charge you for any paid feature of the services that you choose to sign up for or use while these Terms and Conditions of Use are in force. We may bill you (a) at the time of purchase; (b) shortly after purchase; or (c) on a recurring basis for subscription plans. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription plans. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
CLUEVO offers various annuals subscription pricing options. When you purchase the CLUEVO Technology on a subscription basis, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to CLUEVO by the method you have chosen at the recurring intervals chosen by you, until the subscription for that service is terminated by you or by CLUEVO. By authorizing recurring payments, you are authorizing CLUEVO to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”).
Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, CLUEVO or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or cancel your account for such subscription services, you authorize us or our service provider to continue billing that payment method and you remain responsible for any uncollected amounts.
Canceling the Subscription Plan
You may cancel a subscription plan at any time, with or without cause. Please contact email@example.com. to cancel the subscription plan. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.
If you are taking part in any trial-period offer, you must cancel the trial service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial service(s) by the end of the trial period, we may charge you for the service(s).
The CLUEVO Technology allows users to connect with each other and CLUEVO (“CLUEVO Community”).
You understand that all user generated information (including, but not limited to, that portion of your User Data or Unsolicited Submission that you post in the CLUEVO Community), data, text, photographs, graphics, video, messages, tags, or other materials contained in the CLUEVO Community pages (“Community Content”), whether publicly posted or privately transmitted, are the sole responsibility of the user from whom such Community Content originated. This means that you as the user, and not CLUEVO, are entirely responsible for all Community Content that you upload, post, email, transmit or otherwise make available via the CLUEVO Community. CLUEVO does not guarantee the accuracy, integrity or quality of such Community Content. Under no circumstances will CLUEVO be liable in any way for any Community Content, including, but not limited to, any errors or omissions in any Community Content, or any loss or damage of any kind incurred as a result of the use of any Community Content posted, emailed, transmitted or otherwise made available via the CLUEVO Community.
You acknowledge that CLUEVO may or may not pre-screen Community Content, but that CLUEVO and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Community Content that is available via the CLUEVO Technology. Without limiting the foregoing, CLUEVO and its designees shall have the right to remove any Community Content that violates this Agreement or is otherwise objectionable, as determined by CLUEVO. You agree that you must evaluate, and bear all risks associated with, the use of any Community Content, including any reliance on the accuracy, completeness, or usefulness of such Community Content. In this regard, you acknowledge that you may not rely on any Community Content created by CLUEVO or submitted to CLUEVO.
Websites Linked From This Website
The CLUEVO Technology (including, this Website) may contain links to third party websites including, but not limited to, corporate sponsors that sell, manufacture or provide products and services. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement, sponsorship or association between CLUEVO and any third party product or service. Without limiting the generality of the foregoing, you agree that any such third party products and/or services are not under the control of CLUEVO, that CLUEVO is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party products and/or services. Your business dealings or correspondence with, or participation in promotions of, third parties other than CLUEVO, and any terms, conditions, warranties or representations associated with such dealings, will apply and are solely between you and such third party. You should review the applicable terms and policies, including privacy and data gathering practices, of any outside website to which you navigate. CLUEVO is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
Websites Linking to This Website
If you would like to link another website, product or service to the CLUEVO Technology (including, this Website), you may only do so if you obtain CLUEVO’s prior written consent. Such link may not suggest or imply CLUEVO’s endorsement or approval of any product, position, entity, or individual, or portray CLUEVO in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time. You may not use the CLUEVO’s logo or other proprietary graphic of CLUEVO to link to the CLUEVO Technology (including, this Website) without the express written permission of CLUEVO. Further, you may not frame this Website without CLUEVO’s prior written consent.
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for your benefit or any other individual or entity, any Confidential Information of CLUEVO. “Confidential Information” means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to CLUEVO or its licensors, including, but not limited to, all materials or information related to the business or activities of CLUEVO that are not generally known to others engaged in similar businesses or activities.
The Website is operated out of the Austria. CLUEVO makes no representation that the Website, materials or information on the Website or CLUEVO Technology are appropriate or available for use outside of the Austria, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access the CLUEVO Technology (including the Website) outside of the Austria do so at their own initiative and are responsible for their compliance with applicable local laws. You may not use or export any CLUEVO Technology or materials on the Website in violation of Austria or any other jurisdiction’s export, re-export, or import laws and regulations. To the extent any applicable local laws prohibit your viewing and use of the CLUEVO Technology, you may not view or use the CLUEVO Technology.
THIS WEBSITE IS ONLY INTENDED FOR VIEWING IN THE UNITED STATES BY PERSONS WHO ARE NOT A MINOR IN THEIR STATE OR JURISDICTION OF RESIDENCE. IF YOU ARE NOT AN INTENDED USER, DO NOT USE OR VIEW THIS WEBSITE.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE CLUEVO TECHNOLOGY (INCLUDING, BUT NOT LIMITED TO, THIS WEBSITE, WEBSITE MATERIALS, COMMUNITY CONTENT, THE CLUEVO COMMUNITY AND OTHER PRODUCTS AND SERVICES PROVIDED VIA THE CLUEVO TECHNOLOGY), ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT CLUEVO DOES NOT REPRESENT OR WARRANT THAT THE CLUEVO TECHNOLOGY (INCLUDING, BUT NOT LIMITED TO, THIS WEBSITE, WEBSITE MATERIALS, COMMUNITY CONTENT, THE CLUEVO COMMUNITY AND OTHER PRODUCTS AND SERVICES PROVIDED VIA THE CLUEVO TECHNOLOGY),
WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF CLUEVO TECHNOLOGY (INCLUDING, BUT NOT LIMITED TO, THIS WEBSITE, WEBSITE MATERIALS, COMMUNITY CONTENT, THE CLUEVO COMMUNITY AND OTHER PRODUCTS AND SERVICES PROVIDED VIA THE CLUEVO TECHNOLOGY) WILL BE UNINTERRUPTED OR ERROR-FREE. CLUEVO HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, SYSTEM INTEGRATION, DATA ACCURACY, FREEDOM FROM COMPUTER VIRUS, AND NON-INFRINGEMENT. CLUEVO DOES NOT MAKE WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
You further acknowledge and agree that any trial based service that you obtain a right to access may have a time bomb in it so that your use of such service shall automatically expire upon the expiration of the trial period.
Harassment in any manner or form through the use of the CLUEVO Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CLUEVO employee or representative, as well as other members or visitors through use of the CLUEVO Technology is prohibited. You may not upload to, distribute, send or otherwise publish within the CLUEVO Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party’s intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates CLUEVO’s then current policies). You may not upload commercial content within the CLUEVO Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.
You agree not to: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the CLUEVO Technology; (b) use Internet Relay Chat (IRC) bots via the CLUEVO Technology (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the CLUEVO Technology or the normal flow on CLUEVO Technology of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) run any program through the CLUEVO Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the CLUEVO Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the CLUEVO Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the CLUEVO Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of CLUEVO or another entity, or obtain or bypass others’ passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).
Limitation of Liability
IN NO EVENT WILL CLUEVO OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND/OR AGENTS (THE “protected Entities”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF THESE TERMS, YOUR USE OF OR INABILITY TO USE THE CLUEVO TECHNOLOGY (INCLUDING, BUT NOT LIMITED TO, THIS WEBSITE, WEBSITE MATERIALS, CLUEVO COMMUNITY AND COMMUNITY CONTENT), YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM SUCH TECHNOLOGY, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF CLUEVO WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL the protected entities’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO CLUEVO FOR THE CLUEVO TECHNOLOGY OR OTHER MATERIAL THAT IS SUBJECT TO THE CLAIM, OR (B) FIVE DOLLARS ($5.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE DISCLAIMER AND LIMITATIONS MAY NOT APPLY TO YOU.
Access to CLUEVO Technology
You shall be responsible for obtaining access to the CLUEVO Technology and for all equipment necessary to access the CLUEVO Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the CLUEVO Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
Visitors may have limited ability to visit and browse the Website, but will not have full access to the services and our offerings without first creating an account. You may be asked to register as a user and/or member on certain pages or services within the CLUEVO Technology and to select a unique username and password in order to be able to access your account and use any of the CLUEVO Technology. As a registered user and/or member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you, and/or any breach of the terms and conditions of this Agreement. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use or modify, your account.
If you believe that the security of your password has been compromised, or that anyone has used your password to make unauthorized access to your user account, it is your responsibility to immediately notify CLUEVO and to request a new password by sending us an email to firstname.lastname@example.org. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Website. CLUEVO will not be liable for any loss or damage arising from your failure to comply with these requirements.
The CLUEVO Technology resides on the public internet. CLUEVO uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to CLUEVO and any information stored on servers controlled by CLUEVO. Notwithstanding these efforts, CLUEVO cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and, to the extent permitted by applicable law, disclaims all liability arising therefrom. Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the CLUEVO Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the CLUEVO Technology, overloading, “flooding,” “mailbombing” or “crashing” the CLUEVO Technology. Violations of system or network security may result in civil or criminal liability. CLUEVO reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You agree to defend, indemnify and hold CLUEVO, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms, any Community Content you post, store or otherwise transmit on or through the CLUEVO Technology, or your use of or inability to use the CLUEVO Technology, the CLUEVO Community, Website, Community Content and/or Website Material, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Community Content, your conduct, or your violation of the rights of any third party.
Termination; Removal of User Community Content
You may terminate this Agreement at any time by ceasing to use any portion of the CLUEVO Technology, or by providing written notice to CLUEVO. This Agreement immediately terminates if you breach any of the terms and conditions of this Agreement. CLUEVO will not offer you any refund if you terminate or breach this Agreement and/or your use of any or all of the CLUEVO Technology before the expiration of period in which you may have prepaid.
CLUEVO, in its sole and absolute discretion, may modify or discontinue any or all features of the CLUEVO Technology immediately and/or terminate your license to use and/or block your access to the CLUEVO Technology or any portion thereof at any time with or without notice. You hereby release CLUEVO from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of the CLUEVO Technology and/or the suspension or termination of your access to the CLUEVO Technology and/or any account associated with the CLUEVO Technology.
Upon termination, you must immediately destroy any CLUEVO Technology in your possession and our control.
To the extent permitted by applicable law, you shall immediately notify CLUEVO if you know or have reason to believe that CLUEVO has been or will be required, as a result of activity arising out of or related to this Agreement or the services contemplated hereunder by any court or administrative agency of Austria or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of your affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by you, you shall directly assist CLUEVO in CLUEVO’s attempt to reduce the burdens of compliance with any such directives, and you shall reimburse any and all reasonable expenses incurred by CLUEVO and its affiliates in complying with any such directive, including, but not limited to, attorneys’ fees and CLUEVO’s outside counsel attorneys’ fees for representation and advice, travel and lodging expenses.
Order of Preference
This Agreement governs your use and access to the CLUEVO Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with CLUEVO. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services within the CLUEVO Technology, conflicts with any provision of your other agreements with CLUEVO, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.
Revisions and Consents
CLUEVO reserves the right to revise this Agreement at any time and for no or any reason whatsoever. CLUEVO also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the CLUEVO Technology (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above. By continuing to use the CLUEVO Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver of any term or condition found in this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
This Agreement and your use of the CLUEVO Technology are governed and construed in accordance with the laws of the Austria.
This Agreement constitutes the entire agreement and supersedes any and all other understandings and agreements between you and CLUEVO with respect to the subject matter here of and no representation, statement or promise not contained herein shall be binding on you or CLUEVO. Although this Agreement may be updated or modified by CLUEVO from time to time as set forth therein, CLUEVO will not be bound by any other amendments or modifications to this Agreement unless expressly accepted in writing by CLUEVO in a written amendment expressly referencing this Agreement. This Agreement may not be supplemented or modified by any course of dealing or trade usage.
CLUEVO Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act (DMCA), CLUEVO has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. CLUEVO respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide CLUEVO’s Copyright Agent the following information (the “IP Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located within the CLUEVO Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your IP Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The CLUEVO Agent for transmitting the IP Notice for claims of copyright or other intellectual property infringement can be contacted at: email@example.com
Questions & Contact Information
Thank you for your cooperation. Questions or comments regarding the CLUEVO Technology should be directed by electronic mail to firstname.lastname@example.org.
Print these Terms
For record keeping purposes, CLUEVO encourages you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using and/or accessing the CLUEVO Technology have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.