We
reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our
Services will terminate immediately.
Your submissions
and contributions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully prior
to using our Services to understand the (a) rights you give us and
(b) obligations you have when you post or upload any content
through the Services.
Submissions: By
directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"), you agree to assign to
us all intellectual property rights in such Submission. You agree
that we shall own this Submission and be entitled to its
unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to
you.
Contributions: The
Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit,
publish, distribute, or broadcast content and materials to us or
through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews,
rating suggestions, personal information, or other material ("Contributions"). Any Submission that is
publicly posted shall also be treated as a Contribution.
You understand that Contributions may
be viewable by other users of the Services and possibly through third-party
websites.
When you post Contributions,
you grant us a license (including use of your
name, trademarks, and logos):
By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy,
reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part), and exploit your Contributions
(including, without limitation, your image, name, and voice) for
any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your
Contributions, and to sublicense
the licenses granted
in this section. Our use and distribution may occur in any media
formats and through any media channels.
This license includes our use of your
name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what
you post or upload: By sending us Submissions and/or posting Contributions through any part of the
Services or making Contributions
accessible through the Services by linking your account through the
Services to any of your social networking accounts, you:
- confirm
that you have read and agree with our "
PROHIBITED
ACTIVITIES" and will not post,
send, publish, upload, or transmit through the Services any
Submission nor post any
Contribution that is
illegal, harassing, hateful, harmful, defamatory, obscene,
bullying, abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or
misleading;
- to the
extent permissible by applicable law, waive any and all moral
rights to any such Submission
and/or Contribution;
- warrant
that any such Submission and/or
Contributions are
original to you or that you have the necessary rights and licenses to submit such
Submissions and/or
Contributions and
that you have full authority to grant us the above-mentioned
rights in relation to your Submissions
and/or Contributions;
and
- warrant
and represent that your Submissions
and/or Contributions
do not constitute confidential information.
You are solely responsible for your Submissions
and/or Contributions
and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any
third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we
have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice
if in our reasonable opinion we consider such Contributions harmful
or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and
report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you
believe that any material available on or through the Services
infringes upon any copyright you own or control, please immediately
refer to the
"
COPYRIGHT
INFRINGEMENTS
"
section below.
9. SOCIAL MEDIA
As
part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a "Third-Party
Account") by either:
(1) providing your Third-Party Account login information through
the Services; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern
your use of each Third-Party
Account. You represent and warrant that you are entitled to
disclose your Third-Party
Account login information to us and/or grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party
Account, and without obligating us to pay any fees or making us
subject to any usage limitations imposed by the third-party
service provider of the Third-Party
Account. By granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in
your Third-Party
Account (the "Social Network
Content") so that it
is available on and through the Services via your account,
including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account
additional information to the extent you are notified when you
link your account with the Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings that you
have set in such Third-Party
Accounts, personally identifiable information that you post to
your Third-Party
Accounts may be available on and through your account on the
Services. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the
Services. You will have the ability to disable the connection
between your account on the Services and your Third-Party Accounts at any
time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content
for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may
access your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those
contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party Account by
contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party Account, except
the username and profile picture that become associated with your
account.
10. THIRD-PARTY WEBSITES AND CONTENT
The
Services may contain (or you may be sent via the Site)
links to other websites ("Third-Party
Websites") as well as
articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other
content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness,
or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on,
available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion
of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does
not imply approval or endorsement thereof by us. If you decide to
leave the Services and access the Third-Party Websites or to use
or install any Third-Party
Content, you do so at your own risk, and you should be aware these
Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices,
of any website to which you navigate from the Services or relating
to any applications you use or install from the Services. Any
purchases you make through Third-Party
Websites will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party
Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party
Websites.
11.
SERVICES MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable
(to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise
manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We
care about data privacy and security. Please review our Privacy
Policy:
https://aramid.io/privacy-policy.
By using the Services, you agree to be bound by our Privacy Policy,
which is incorporated into these Legal Terms. Please be advised the
Services are hosted in
France
, United
States
and United
Kingdom
. If you access the
Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
France
, United
States
and United
Kingdom
, then through your
continued use of the Services, you are transferring your data to
France
, United
States
and United
Kingdom
, and you expressly
consent to have your data transferred to and processed in
France
, United
States
and United
Kingdom
.
13.
COPYRIGHT INFRINGEMENTS
We
respect the intellectual property rights of others. If you believe
that any material available on or through the Services infringes
upon any copyright you own or control, please immediately notify us
using the contact information provided below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first
contacting an attorney.
14.
TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY
CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT
WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
15.
MODIFICATIONS AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any
information on our Services. We
will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We
cannot guarantee the Services will be available at all times. We
may experience hardware, software, or other problems or need to
perform maintenance related to the Services, resulting in
interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to
maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
16.
GOVERNING LAW
These
Legal Terms are governed by and interpreted following the laws of
Romania, and the use of
the United Nations Convention of Contracts for the International
Sales of Goods is expressly excluded. If your habitual residence is
in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in
your country to residence. Alexandru Remus
Bogdan PFA and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of Bucharest,
which means that you may make a claim to defend your consumer
protection rights in regards to these Legal Terms in
Romania, or in the EU
country in which you reside.
17.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control
the cost of any dispute, controversy, or claim related to these
Legal Terms (each a "Dispute"
and collectively, the "Disputes") brought by either you
or us (individually, a "Party"
and collectively, the "Parties"), the Parties agree to
first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to
these Legal Terms shall be determined by one arbitrator who will be
chosen in accordance with the Arbitration and Internal Rules of the
European Court of Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are in force at
the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of
arbitration shall be
Bucharest
,
Romania
. The language of the proceedings shall be
English, Romanian
. Applicable rules of substantive law shall be the law of
Romania
.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to
utilize
class action procedures; and (c) there is no right or authority for
any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect
to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to
submit to the personal jurisdiction of that court.
18.
CORRECTIONS
There may be information
on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
19.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING
ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
20.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY
YOU TO US
DURING
THE one (1) MONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING
OR
$100.00 USD
.
CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21.
INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage,
liability, claim, or demand, including reasonable attorneys’ fees
and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal
Terms; (4) any breach of
your representations and warranties set forth in these Legal Terms;
(5) your violation of
the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act
toward any other user of the Services with whom you connected via
the Services. Notwithstanding the foregoing, we reserve the right,
at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming
aware of it.
22.
USER DATA
We
will maintain certain data that you transmit to the Services for
the purpose of managing the performance of the Services, as well as
data relating to your use of the Services. Although we perform
regular routine backups of data, you are solely responsible for all
data that you transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any
such loss or corruption of such data.
23.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements,
notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
24.
CALIFORNIA USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can
contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
25.
MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to
exercise or enforce any right or provision of these Legal Terms
shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any
and all defenses you may have based on
the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.
26. CONTACT US
In
order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact
us at:
Alexandru Remus Bogdan PFA
Str. Doamna Ghica nr. 231, cam. 4
Bucharest
Romania
Phone: +40744758585
9. SOCIAL MEDIA