Revised as per December 30, 2016
Commercial use requires a separate agreement. Commercial License details will be specified in the Product Sheet and the license will be regulated by Suntel Design, Inc. General Commercial Terms and Conditions.
- ABILITY TO ACCEPT THE AGREEMENT
- USE OF THE SUNTEL DESIGN, INC. SERVICES
You acknowledge that (a) the Suntel Design, Inc. Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Suntel Design, Inc., or its licensors where applicable, owns all right, title and interest in and to the Suntel Design, Inc. Services and software provided through or in conjunction with the Suntel Design, Inc. Services, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Subject to the terms and conditions contained herein, we hereby grants you a personal, limited non-exclusive, non-transferable license (without any rights to sublicense) to use, access and download the Suntel Design, Inc. Services, provided that: (i) your use of the Suntel Design, Inc. Services as permitted is solely for your personal, noncommercial use; (ii) with the exception of your User Content (as defined below), you will not use, copy, modify, sell, distribute, publicly display, transmit, revise, reverse engineer, upload, republish, post or create derivative works (where applicable) of the trade-marks, trade names, service marks, logos, information, software or other material or content or any part of the Suntel Design, Inc. Services (collectively, the ‘Content’) without Suntel Design, Inc.’s prior written authorization; (iii) you will not alter or modify any of the Content other than as may be reasonably necessary to use the Suntel Design, Inc. Services for its intended purpose; and (iv) you otherwise comply with the terms and conditions of the Agreement.
- OTHER RESTRICTION REGARDING THE USE OF THE SUNTEL DESIGN, INC. SERVICES
You agree to comply with all local laws and regulations regarding the use, download and/or installation of the Suntel Design, Inc. Services.
You agree not to use or launch any automated system, including without limitation, ‘data mining’, ‘robots,’ ’spiders,’ ‘offline readers,’ and similar data gathering or extraction methods. Notwithstanding the foregoing, we grants the operators of public search engines permission to use spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content. We reserve the right to revoke these exceptions either generally or in specific cases.
You agree not to upload, post, transmit, share, store or otherwise make publicly available on the Suntel Design, Inc. Services any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers. You also agree not to upload, post, transmit, share 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
You agree not to collect or harvest any personally identifiable information, including account names, email addresses, or any other contact information, whether to privacy laws or not, from the Suntel Design, Inc. Services, nor to use the communication systems provided by the Suntel Design, Inc. Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Suntel Design, Inc. Services with respect to User Content (as defined below).
You agree not to use the Suntel Design, Inc. Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
equipment; to intimidate or harass another; or to use or attempt to use another’s account, service or system without authorization from Suntel Design, Inc., or create a false identity on the Suntel Design, Inc. Services.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Suntel Design, Inc. Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. Suntel Design, Inc. reserves the right to decide whether User Content (as defined below) is appropriate and complies with this Agreement for violations of third party intellectual property rights, intellectual property law and other violations, including, without limitation pornography, obscene or defamatory material. Suntel Design, Inc. reserves the right, in its sole discretion, at any time and from time to time, to remove any User Content and/or terminate a User’s access for any such violations or other violations of this Agreement, without prior notice. Suntel Design, Inc. does not endorse any User Content or any opinion, recommendation, or advice expressed therein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Suntel Design, Inc. Services (“Submissions”), provided by you to Suntel Design, Inc. are non-confidential and shall become the sole property of Suntel Design, Inc.. Suntel Design, Inc. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- REGISTERED USER AND USER CONTENT
In order to access some features of the Suntel Design, Inc. Services, you must create a personal account. You may create an account on the registration page on Suntel Design, Inc.’s web site. Once you have created an account, you will be a “Registered User.” Registered Users are limited to one account per person. You may never use another person’s account. When creating your account, you must provide complete and accurate information. You are solely responsible for any activity that occurs on your account, and you must keep your account password secure. You must notify Suntel Design, Inc. immediately of any breach of security or unauthorized use of your account. Although Suntel Design, Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Suntel Design, Inc. or others due to such unauthorized use. You may terminate your account at any time, for any reason.
You shall be solely responsible for your own user content (the “User Content”) and the consequences of posting or publishing them. In connection with User Content, you confirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents and permissions to use and to authorize Suntel Design, Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Suntel Design, Inc. Services and this Agreement; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Suntel Design, Inc. Services and this Agreement.
Subject to Suntel Design, Inc.’s existing ownership rights and any other right granted to Suntel Design, Inc. herein, Suntel Design, Inc. does not claim any ownership rights in any User Content that you choose to post to the Suntel Design, Inc. Services. After posting User Content to the Suntel Design, Inc. Services, you continue to retain all ownership or license rights in your User Content and you continue to have the right to use your User Content as you did prior to such posting. However, by posting or making User Content available through the Suntel Design, Inc. Services, you hereby grant to Suntel Design, Inc. an unrestricted, nonexclusive, royalty-free, irrevocable, transferable, worldwide license to use, copy, modify, prepare derivative works from, distribute, publicly and display (whether by means of a digital transmission or otherwise) and process your User Content, or any part of it, solely on and through the Suntel Design, Inc. Services, including without limitation (i) adapting the format of your User Content for suitable display on the Suntel Design, Inc. Services; and (ii) displaying, in Suntel Design, Inc.’s sole discretion, your public User Content in search results generated by Suntel Design, Inc.’s search engine. In addition, where you have made your User Content public, posted a link to your User Content on another website or otherwise shared a link to your User Content, you grant to Suntel Design, Inc. an unrestricted, nonexclusive, royalty-free, irrevocable, worldwide right to sublicense the right to copy, modify, prepare derivative works from, and distribute your User Content as necessary to perform the Suntel Design, Inc. Services. In connection with the above license, you provide your consent for Suntel Design, Inc. personnel, including Suntel Design, Inc. contractors and service providers, to view your User Content at any time for the purpose of providing the Suntel Design, Inc. Services and filtering content that violates this Agreement.
Suntel Design, Inc. does not control the User Content in Registered Users’ accounts and does not have any obligation to monitor such User Content. However, regardless of whether the User Content is public or private, you agree that Suntel Design, Inc. may monitor such User Content at any time, for any reason.
Suntel Design, Inc. may send to the Registered Users any information related to the Suntel Design, Inc. Services that Suntel Design, Inc. finds appropriate.
- THIRD PARTY SITES, CONTENT AND ADVERTISING
The Suntel Design, Inc. Services contain (or you may be sent through the Suntel Design, Inc. Services) links and hyperlinks to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items made by, belonging to or originating from third parties (the “Third Party Applications, Software or Content”). The Suntel Design, Inc. Services also contains advertising from third parties (the “Third Party Advertising”). Such Third Party Sites, Third Party Applications, Software or Content or Third Party Advertising are not investigated, endorsed, monitored or checked for accuracy, appropriateness, or completeness by us and we are not responsible for any Third Party Sites accessed through the Suntel Design, Inc. Services or any Third Party Applications, Software or Content or any Third Party Advertising posted on, made available through or installed from the Suntel Design, Inc. Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites, the Third Party Applications, Software or Content or the Third Party Advertising.
We are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by third parties. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Suntel Design, Inc. Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Suntel Design, Inc. Services or relating to any applications you use or install from a Third Party Site.
- SHARE SERVICE
- USER DISPUTES
- REFUNDS FOR PURCHASES AND SUBSCRIPTIONS
Purchases are final and non-refundable unless your service offer or applicable law says you’re eligible for a refund. Refunds are generally not available for digital content that you have downloaded.
When you want to end a paid subscription, you could qualify for a refund. To see if you’re qualified for a refund, contact Suntel Design, Inc. Customer Support ([email protected]).
You agree to hold harmless and indemnify Suntel Design, Inc. and its subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees from and against any claim, suit or action, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorney’s’ fees, of every kind and nature, arising from or in any way related to your use of the Suntel Design, Inc. Services, any Content, any User Content, any Third Party Applications, Software or Content, any Third Party Advertising and any other conduct by you in connection with the Suntel Design, Inc. Services or with other users of the Suntel Design, Inc. Services or any violation by you of this Agreement or of any law or the rights of any third party,
- DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the Suntel Design, Inc. Services is at your sole risk. The Suntel Design, Inc. Services are provided on an “as-is” basis and without warranty of any kind. To the maximum extent permitted by law, Suntel Design, Inc. expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Suntel Design, Inc. makes no warranty
that the Suntel Design, Inc. Services will meet your requirements,
that the Suntel Design, Inc. Services will be error-free or bug-free,
regarding the security, reliability, timeliness, availability or performance of the Suntel Design, Inc. Services,
that the Suntel Design, Inc. Services or the Content will be available without change of any and all content, software and other items used or contained in any of the Suntel Design, Inc. Services and any of the Content, and
that any errors in the Suntel Design, Inc. Services will be corrected.
Any content or material downloaded or otherwise obtained through the use of the Suntel Design, Inc. Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content or material.
None of the Suntel Design, Inc. Services is intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the software could lead to death, personal injury, or severe physical or environmental damage.
No advice or information, whether oral or written, obtained by you from Suntel Design, Inc. or any third party or through the software shall create any warranty not expressly stated in these terms and conditions.
- LIMITATION OF LIABILITY
You expressly understand and agree that Suntel Design, Inc. shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Suntel Design, Inc. has been advised of the possibility of such damages) resulting from:
the use or the inability to use the Suntel Design, Inc. Services, the Content or the User Content,
the inability to use or access the Suntel Design, Inc. Services, the Content or the User Content or other content/data,
the cost of procurement of substitute goods or services,
unauthorized access to or alteration of User Content, or
any other matter relating to the Suntel Design, Inc. Services, the Content or the User Content. the foregoing limitations shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
- EXCLUSIONS AND LIMITATIONS
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in Sections 10 and 11 which are lawful in your jurisdiction will apply to you and Suntel Design, Inc.’s liability will be limited to the maximum extent permitted by law.
Suntel Design, Inc. may, in its sole discretion, from time to time and at any time, change, modify, suspend or terminate the Suntel Design, Inc. Services, your membership, or any other services included on or through the Suntel Design, Inc. Services for any reason and without notice.
The provisions of Sections 2, 3, 4, 5, 6, 10, 11, 12 and 13 shall survive any termination or expiration of these Terms and Conditions.
- NO THIRD PARTY BENEFICIARIES
- MISCELLANEOUS PROVISIONS
Choice of Law and Forum. These Terms and Conditions and the relationship between you and Suntel Design, Inc. shall be governed by the laws of the Kingdom of Norway without regard to its conflict of law provisions. You and Suntel Design, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Oslo, Norway. Nothing in this agreement shall prevent Suntel Design, Inc. from seeking injunctive remedies (or any other available and equivalent remedies) in any jurisdiction, and you hereby agree to this.