Terms
of Use v1.11 for Baldwin Technology Solutions, Inc.
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web site, you
agree to be bound by these Terms of Use, and as amended
from time to time with or without notice to you. In addition,
if you are using a particular service on or through this
web site, you will be subject to any rules or guidelines
applicable to those services and they shall be incorporated
by reference into these Terms of Use. Please see our Privacy
Policy, which is incorporated into these Terms of Use by
reference.
2. Our Service.
Our web site and services provided to you on and through
our web site on an "AS IS" basis.You agree that
the owners of this web site exclusively reserve the right
and may, at any time and without notice and any liability
to you, modify or discontinue this web site and its services
or delete the data you provide, whether temporarily or permanently.
We shall have no responsibilty or liability for the timeliness,
deletion, failure to store, inaccuracy, or improper delivery
of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this web site, you must register on our
site, agree to provide truthful information when requested,
and be at least the age of thirteen (13) or older. When
registering, you explicitly agree to our Terms of Use and
as may be modified by us from time to time and available
here.
4. Privacy Policy.
Registration data and other personally identifiable information
that we may collect is subject to the terms of our Privacy
Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your
password and shall be responsible for all uses via your
registration and/or login, whether authorized or unauthorized
by you. You agree to immediately notify us of any unauthorized
use or your registration, user account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether
text, software, code, music or sound, photographs or graphics,
video or other materials ("Content"), publicly
or privately provided, shall be the sole responsibility
of the person providing the Content or the person whose
user account is used. You agree that our web site may expose
you to Content that may be objectionable or offensive. We
shall not be responsible to you in any way for the Content
that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service
provided, that you shall not:
(a) provide any Content or perform any conduct that may
be unlawful, illegal, threatening, harmful, abusive, harassing,
stalking, tortious, defamatory, libelous, vulgar, obscene,
offensive, objectionable, pornographic, designed to or does
interfere or interrupt this web site or any service provided,
infected with a virus or other destructive or deleterious
programming routine, give rise to civil or criminal liability,
or which may violate an applicable local, national or international
law;
(b) impersonate or misrepresent your association with any
person or entity, or forge or otherwise seek to conceal
or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service
in any commercial manner or in any manner that would involve
junk mail, spam, chain letters, pyramid schemes, or any
other form of unauthorized advertising without our prior
written consent;
(e) provide any Content that may give rise to our civil
or criminal liability or which may consititue or be considered
a violation of any local, national or international law,
including but not limited to laws relating to copyright,
trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free,
perpetual, non-exclusive right and license (including any
moral rights or other necessary rights) to use, display,
reproduce, modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create derivative works
and compilations, in whole or in part. Such license will
apply with respect to any form, media, technology known
or later developed;
(b) you warrant and represent that you have all legal, moral,
and other rights that may be necessary to grant us with
the license set forth in this Section 7;
(c) you acknowledge and agree that we shall have the right
(but not obligation), in our sole discretion, to refuse
to publish or to remove or block access to any Content you
provide at any time and for any reason, with or without
notice.
8. Third Party Services.
Goods and services of third parties may be advertised and/or
made available on or through this web site. Representations
made regarding products and services provided by third parties
are governed by the policies and representations made by
these third parties. We shall not be liable for or responsible
in any manner for any of your dealings or interaction with
third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners,
and co-branders from any claim or demand, including reasonable
attorney's fees, that may be made by any third party, that
is due to or arising out of your conduct or connection with
this web site or service, your provision of Content, your
violation of this Terms of Use or any other violation of
the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE
AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE")
IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK.
IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART
OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR
THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT
IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND
AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS
SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY
KIND.
Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you
only as it relates to implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE
USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST
TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM
ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE,
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability
and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited
to any and all copyrights, trademarks, patents, trade secrets,
and any other proprietary right that we may have in our
web site, its content, and the goods and services that may
be provided. The use of our rights and property requires
our prior written consent. We are not providing you with
any implied or express licenses or rights by making services
available to you and you will have no rights to make any
commercial uses of our web site or service without our prior
written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way
that would be considered copyright infringement or a violation
of your intellectual property rights, our copyright agent
may be contacted at the following address:
Click to contact our webmaster
14. Applicable Law.
You agree that this Terms of Use and any dispute arising
out of your use of this web site or our products or services
shall be governed by and construed in accordance with local
laws where the headquarters of the owner of this web site
is located, without regard to its conflict of law provisions.
By registering or using this web site and service you consent
and submit to the exclusive jurisdiction and venue of the
county or city where the headquarters of the owner of this
web site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any
law under which any provision may be held invalid by a court
with jurisdiction over the parties, such provision will
be interpreted to reflect the original intentions of the
parties in accordance with applicable law, and the remainder
of this Terms of Use will remain valid and intact; (ii)
The failure of either party to assert any right under this
Terms of Use shall not be considered a waiver of any that
party's right and that right will remain in full force and
effect; (iii) You agree that without regard to any statue
or contrary law that any claim or cause arising out of this
web site or its services must be filed within one (1) year
after such claim or cause arose or the claim shall be forever
barred; (iv) We may assign our rights and obligations under
this Terms of Use and we shall be relieved of any further
obligation.