Legal Notice - Terms of Use
Introduction
Welcome to Project E-vitaTM (“the Site”). Please read the following Terms
of Use carefully before using this Site or ordering/downloading any of our products,
so that you are aware of your legal rights and obligations with respect to Project
E-vitaTM, Evaware Ltd, Audentia Solutions and its affiliates and subsidiaries
(individually and collectively, “Project E-vitaTM”).
By using the Site, purchasing software or other products, you signify your irrevocable
acceptance of these Terms of Use. You also agree to ensure that anyone who uses
this software on your computer also abides by the Terms of Use. Project E-vitaTM
has the right to revise the Terms of Use at any time without providing notice to
its users. Your continued use of the Site shall be deemed irrevocable acceptance
of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion of the
Site at any time. We may also impose limits on certain features or restrict your
access to parts or the entire Site without notice or liability.
Privacy
Your privacy is very important to us at Project E-vitaTM. To better protect
your rights we have provided the Project E-vitaTM
Privacy Policy to explain our privacy practices in detail.
Use of Project E-vitaTM Systems
Project E-vitaTM website, systems and associated software, sometimes
referred to as (the “Software”) and accompanying documentation that are made available
from this Site or on CD-ROM format are the copyrighted work of Audentia Solutions.
Where any third party Intellectual Property may be present due notice is given in
the system documentation or web pages. Use of the Software is governed by the terms
of the end user license agreement that accompanies or is included with such Software
and is also referenced on this website. You will not be able to download or install
any software that is accompanied by or includes an end user license agreement unless
you agree to the terms of such end user license agreement. If you do not agree to
such terms, you will not be able to use the Software. You may not decompile, reverse
engineer or otherwise attempt to discover the source code of the Software and systems
available through Project E-vitaTM.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and
Project E-vitaTM, the materials in or purchased through this site are
provided “as is” and without warranties of any kind either express or implied. To
the fullest extent permissible pursuant to applicable law, Project E-vitaTM
disclaims all warranties, express or implied, including, but not limited to, implied
warranties of merchantability or fitness for a particular purpose, or the warranty
of non-infringement. Without limiting the foregoing, Project E-vitaTM
does not warrant that the functions contained in the service will be uninterrupted
or error-free, that defects will be corrected, or that this service or the server
that makes it available are free of viruses or other harmful components. Project
E-vitaTM does not warrant or make any representations regarding the use
or the results of the use of the materials in this service in terms of their correctness,
accuracy, reliability, or otherwise. You (and not Project E-vitaTM) assume
the entire cost of all necessary servicing, repair, or correction. Applicable law
may not allow the exclusion of implied warranties, so the above exclusion may not
apply to you. Without limitation of the foregoing, you acknowledge that as a service
to users of the Project E-vitaTM service, we include links to other web
sites on the world wide web portion of the internet and that Project E-vitaTM
has no control over, and makes no representations of any kind whatsoever, regarding
the content or appropriateness of content on such web sites and you hereby irrevocably
waive any claim against us with respect to such web sites.
Under no circumstances, including, but not limited to, negligence, shall Project
E-vitaTM be liable for any special or consequential damages that result
from the use of, or the inability to use, the materials, the site, or any other
web site, even if Project E-vitaTM or a Project E-vitaTM authorized
representative has been advised of the possibility of such damages. Applicable law
may not allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you. No advice or
information, whether written or oral, obtained by you from Project E-vitaTM
or from or through the site shall create any warranty not expressly stated in the
terms of use. In no event shall Project E-vitaTM’s total liability to
you for all damages, losses, and causes of action (whether in contract, tort (including,
but not limited to, negligence) or otherwise) exceed the amount paid by you, if
any, for purchasing any materials or products.
Term of Use
The license for use of the Site and the Materials is effective until terminated.
You may terminate it at any time by destroying the Materials together with all copies
thereof. This license will terminate upon conditions set forth elsewhere within
this Terms of Use or if you fail to comply with any term or condition of this Terms
of Use. In such event, no notice shall be required by Project E-vitaTM
to effect such termination. Upon termination of this Terms of Use, you agree to
destroy the Materials together with all backup copies, modifications, printed or
written materials, and merged portions in any form, or return same to Project E-vitaTM
at your expense.
Web Site Links
Project E-vitaTM may provide links to other sites that we feel are
relevant and interesting to our users (“Link Sites”). Project E-vitaTM
is not responsible for the content on the Link Sites and is not responsible for
the accuracy of the information and intellectual property notices therein. Some
of these Link Sites may provide you with opportunities to purchase products (“Products”).
We do not endorse any of the Products nor do we make any representations or warranties
in connection with the Products.
Online Behaviour
Please exercise respect when participating in any of Project E-vitaTM
online community features such as Forums, Bulletin Boards, Chat Rooms, Email functions,
etc. (“User Materials”). You may not submit or publish through Project E-vitaTM
any User Materials that are libellous, defamatory, pornographic, an invasion of
privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual
property rights of a third party or would otherwise violate the rights of any third
party. Furthermore, you may not submit or publish User Materials through Project
E-vitaTM that solicit funds or services, contain advertising or include
programs that contain viruses or any other programs designed to impair the functionality
of any computer.
Please remember that we do not monitor the contents of these community features
and cannot be held responsible for the User Materials. Therefore, we apologize in
advance for any offensive or otherwise displeasing User Materials.
Notwithstanding any rights or obligations governed by the Additional Terms, if,
at any time you upload or post User Materials, including but not limited to comments,
suggestions, problem reports, bug reports and design ideas to the Site you automatically
grant Project E-vitaTM a non-exclusive, royalty-free, perpetual license
of all rights throughout the universe to use, edit, modify, include, incorporate,
adapt, record and reproduce the User Materials including, without limitation, all
trademarks associated therewith, in any manner whatsoever, in or out-of-context,
in all languages, in all media now known and hereafter devised, and to use the User
Materials in advertising, promotion and publicity for the Site, Project E-vitaTM
and its or their products and services, in any and all media now known or hereafter
devised. In addition, you represent and warrant that you are entitled to enter into
these Terms of Use and that you waive any so-called “moral rights” in and to the
User Materials.
Submissions
Certain parts of the Site may ask for written suggestions or problem reports such
as using our contact form or problem report form (“Submissions”). In such a case,
please read carefully the specific terms, which govern those Submissions (“Additional
Terms”). In the absence of Additional Terms, the Project E-vitaTM Terms
of Use shall govern your legal rights with respect to those Submissions.
The Submissions shall be deemed the property of Project E-vitaTM. Project
E-vitaTM shall exclusively own all now known or hereafter existing rights
to the Submissions throughout the universe in perpetuity and shall be entitled to
use the Submissions for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions. In any event, any Submissions you
send to Project E-vitaTM will not be treated as confidential and Project
E-vitaTM shall not be liable for any disclosure of the Submissions.
Accounts and Security
Project E-vitaTM does not warrant that the functions contained in the
service provided by the Site will be uninterrupted or error-free, that defects will
be corrected or that this service or the server that makes it available will be
free of viruses or other harmful components.
As part of the registration process, each Patron will select a password (“Password”)
and a User Forename / Surname ("User Name"). You shall provide Project
E-vitaTM with accurate, complete, and updated Account information. Failure
to do so shall constitute a breach of this Terms of Use, which may result in immediate
termination of your Account. You may not (i) select or use a User Name of another
person with the intent to impersonate that person; (ii) use a name subject to the
rights of any other person without authorization; or (iii) use a User Name that
Project E-vitaTM, in its sole discretion, deems inappropriate or offensive.
You shall notify Project E-vitaTM of any known or suspected unauthorized
use(s) of your Account, or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of your password. You shall be responsible
for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination
of your Account, at Project E-vitaTM’s sole discretion, and you may be
reported to appropriate law-enforcement agencies.
Notification of Copyright Infringement
Project E-vitaTM will investigate notices of copyright infringement and
take appropriate actions. If you believe that your work has been used or copied
in a way that constitutes copyright infringement and such infringement is occurring
on this Site or on sites linked to from this Site, please notify Project E-vitaTM.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed
infringement must be a written communication addressed to the designated agent as
set forth below, and must include substantially all of the following:
a physical or electronic signature of the person authorized to act on behalf of
the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed
(“infringed work”) and identification of what material in such work(s) is claimed
to be infringing (“infringing work”) and which you request to be removed or access
to which is to be disabled;
a description of where the material that you claim is infringing is located on the
Site;
information sufficient to permit Project E-vitaTM to contact you, such
as your physical address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material
identified in your Notice in the manner complained of is not authorized by the copyright
owner, its agent, or the law;
a statement by you that the information in your Notice is accurate and, under penalty
of perjury that you are the copyright owner or authorized to act on the copyright
owner’s behalf.
For Notice of claims of copyright infringement, Project E-vitaTM can
be reached by our contact form.
Administrative Information
Jurisdictional Issues
This Site is controlled and operated by Evaware Ltd. Evaware Ltd makes no representation
that materials in the Site are appropriate or available for use in your location.
Those who choose to access this Site from any location do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local laws
are applicable.
Indemnity
You agree to indemnify and hold Project E-vitaTM, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of content you submit, post to or transmit through the
Site, your use of the Site, your connection to the Site, your violation of the Terms
of Use, or your violation of any rights of another person or entity.
Governing Law
By accessing this Site, you and Project E-vitaTM agree that all matters
relating to your access to, or use of, this Site shall be governed by and construed
in accordance with the laws of the United Kingdom, without giving effect to any
principles of conflicts of law.
Trademarks
The trademarks, logos and service marks (“Marks”) displayed on this Site are the
property of Project E-vitaTM or other third parties. You are not permitted
to use the Marks without the prior written consent of Project E-vitaTM
or such third party, which may own the Marks. Project E-vitaTM and the
Project E-vitaTM logo are trademarks of Audentia Solutions LLC,
Delaware, USA.