|
|
Support Portal Terms and Conditions
Dynamic Design Solutions offers a wide range of content,
and information about its products and services via the
Support Site. By your acceptance of these Terms and Conditions
you agree to comply with the terms and conditions as stated
below. You further agree that Dynamic Design Solutions may,
at its sole discretion, terminate your access to the Support
Site at any time without notice. Access to the Support Portal
is conditional upon you being a customer of Dynamic Design
Solutions.
- Limited Right to Use. The Support
Site is owned and operated by Dynamic Design Solutions.
Dynamic Design Solutions either owns the intellectual
property rights, including copyright, or has acquired,
where necessary, licenses in the information including
all text, HTML code, multimedia clips, images, graphics,
icons, Java code, and the selection and arrangement
of the contents of the Support Portal (collectively the
"Information"). As a user of the Support Site, you are
granted a limited license to use (display, download,
and/or print) the Information for your own personal
non-commercial use only, provided the Information is
not modified and provided you keep intact all copyright
and other proprietary notices. Any other use of the
Information is prohibited without the prior written
permission of Dynamic Design Solutions or the respective
owner. None of the Information may be otherwise reproduced,
republished or re-disseminated in any manner or form
without the prior written consent of Dynamic Design
Solutions as such unauthorized use may, among other
things, violate copyright, trademark, and other similar
laws.
- Communications. Except for any
disclosure by you for technical support purposes, or
as is otherwise specified in these Terms and Conditions,
all communications from you to the Support Portal will
be considered non-confidential and non-proprietary.
All such communications shall be deemed and remain the
property of Dynamic Design Solutions and we shall be
entitled to full rights of ownership, including without
limitation, an unrestricted right to use for any purpose,
any ideas, concepts, know-how, or other techniques contained
in such communications and to disclose such communications
in any form, medium, or technology now known or later
developed, for any purpose, commercial or otherwise,
without compensation to you. You are solely responsible
for the content of your communications and their legality
under all laws and regulations. You agree not to use
the Support Portal to distribute, link to, or solicit
content that is defamatory, harassing, unlawful, libelous,
harmful to minors, threatening, obscene, false, misleading,
or infringing a third party intellectual or privacy
rights.
- In order for us to grant you access to the Support
Site, Dynamic Design Solutions requires certain
information when you are registering for the Support
Site or when you are signing into the Support Portal
thereafter ("User Information"). The User Information
will be retained and used by Dynamic Design Solutions
to verify compliance with these Terms and Conditions,
to keep track of the domains from which people visit
us, to create a user profile to better serve you,
and to simply contact you either electronically
or otherwise. If you decide that we should not use
the User Information to contact you, you must notify
Dynamic Design Solutions and we will then cease
from contacting you using such information. By agreeing
to these Terms and Conditions, you consent to the
collection and use of the User Information by Dynamic
Design Solutions.
- Access to the Support Portal requires a login
ID and password. You agree to maintain the confidentiality
of the login ID and password.
- Dynamic Design Solutions has put in place and
shall maintain commercially reasonable physical,
electronic and managerial policies and procedures
to secure unauthorized use of your personal User
Information. Dynamic Design Solutions will not sell,
trade, or transfer User Information to third parties.
Dynamic Design Solutions will, however, comply with
any court order in disclosing the identity of any
person posting communications on the Support Site.
- Absent the use of encryption, the Internet is
not a secure medium and privacy cannot be ensured.
Internet e-mail is vulnerable to interception and
forging. Dynamic Design Solutions will not be responsible
for any damages you or any third party may suffer
as a result of the transmission of private or confidential
information that you make to Dynamic Design Solutions
through the Internet, or that you expressly or implicitly
authorize Dynamic Design Solutions to make, or for
any errors or any changes made to any transmitted
information.
- Dynamic Design Solutions uses "cookies". A cookie
is a small data file that a web site can transfer
to a visitor's hard drive to keep records of the
visits to such site. A cookie contains information
such as your username and password that helps us
recognize the pages you have visited and improve
future visits, but the only personal information
a cookie can contain is the information that you
provide yourself. A cookie cannot read data off
of your hard drive or read cookie files created
by other sites. Information stored in cookies maybe
encrypted. If you prefer not to accept a cookie,
you can set your web browser to warn you before
accepting cookies or you can refuse all cookies
by turning them off in your web browser. Refusing
to accept a cookie may prohibit or significantly
reduce your use of the Support Site.
- No Offer. No part of the Support
Site should be taken to constitute an offer or solicitation
to buy or sell products or services. Some products or
services mentioned on the Support Portal may only be available
in certain areas or jurisdictions. Any products or services
mentioned on the Support Portal are made available in
accordance with local law and only where they may be
lawfully offered for sale.
- Links to Other Sites. The Support
Site may contain links to other sites. A link to another
site should not be construed to mean that Dynamic Design
Solutions is affiliated or associated with, or is legally
authorized to use any trademark, trade name, logo, or
copyrighted symbol that may be reflected in the link
or the description of the link to such other sites.
The linked sites are not under the control of Dynamic
Design Solutions and Dynamic Design Solutions is not
responsible for the content of any linked site or any
link contained in a linked site. Dynamic Design Solutions
reserves the right to terminate any link or linking
program at any time. Dynamic Design Solutions may provide
links from the Support Portal to other sites as a convenience
to you and in no way should this be interpreted as an
endorsement of any company, content, or products to
which it links and reserves the right to note as such.
If you decide to access any of the third party sites
linked to the Support Site, you do this entirely at
your own risk. DYNAMIC DESIGN SOLUTIONS DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH
LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS
AS TO THE ACCURACY, OWNERSHIP, VALIDITY, OR LEGALITY
OF ANY CONTENT OF A LINKED SITE.
- Trademarks. The trademarks, service
marks, and logos ("Trademarks") of Dynamic Design Solutions
and others used in the Support Portal are the property
of Dynamic Design Solutions and their respective owners.
You have no right to use any such Trademarks, and nothing
contained in the Support Portal or these Terms and Conditions
grants any right to use any such Trademarks without
the prior written permission of Dynamic Design Solutions
or the respective owner.
- Viruses. Dynamic Design Solutions
makes commercially reasonable efforts to ensure that
all information provided on the Support Portal does not
contain computer viruses. Notwithstanding this, you
should take reasonable and appropriate precautions to
scan for computer viruses and should ensure that you
have a complete and current backup of the applicable
items of information contained on your computer system.
You should pay specific attention to some of the newer
viruses that have been written to automatically execute
when an infected word processing document is loaded
into certain word processing programs.
- Indemnity. You agree to indemnify,
defend, and hold Dynamic Design Solutions, its affiliates,
shareholders, directors, officers, employees, agents,
and representatives harmless from and against any and
all claims, liabilities, damages, losses or expenses
(including reasonable attorney's fees and costs) arising
out of, based on or in connection with your access and/or
use of the Support Site.
- Limitation of Liability. IN NO
EVENT SHALL DYNAMIC DESIGN SOLUTIONS, ITS AFFILIATES,
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS
INTERRUPTION, PERSONAL INJURY, COSTS OF REPLACEMENT
GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE
OR INABILITY TO USE THE Support Portal OR ANY DYNAMIC
DESIGN SOLUTIONS PRODUCTS OR SERVICES, DAMAGES RESULTING
FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS
PRESENTED ON THE SUPPORT SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER
LEGAL THEORY EVEN IF DYNAMIC DESIGN SOLUTIONS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Disclaimer. Dynamic Design Solutions
assumes no responsibility for accuracy, correctness,
or content of the Support Site. You should not assume
that the Support Portal is continuously updated or otherwise
contains current information or that the Support Portal
will operate without interruption. THE INFORMATION AND
MATERIALS PROVIDED ON THE Support Portal ARE PROVIDED
"AS IS, WHERE IS" AND ANY WARRANTY, REPRESENTATION,
CONDITION, OR OTHER TERM OF ANY KIND (WHETHER EXPRESSED,
IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE,
OR TRADE PRACTICE), INCLUDING WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR TITLE IS HEREBY EXCLUDED.
- Applicable Laws. The laws of Belgium
as applicable therein shall govern as to the interpretation,
validity, and effect of this agreement notwithstanding
any conflict of laws provisions or your domicile, residence,
or physical location. You hereby consent and submit
to the non-exclusive jurisdiction of the courts of the
Belgium as applicable for any action or proceeding instituted
under or related to this agreement.
- If you have any questions regarding these Terms
and Conditions, please contact Dynamic Design Solutions
at
partners@femtools.com.
|