Terms of Use
Acceptance of Terms
Welcome to SINERTEQ! “SINERTEQ” and “we” refer to SINERTEQ S.R.L., the operator of www.sinerteq.com web service (“the Service”). SINERTEQ provides the Service defined below to you subject to the following Terms of Use (“TOU”). By using the Service, you agree to be bound by the present TOU; if you do not entirely agree to this TOU, please do not use this Service.
Effective Date
The present TOU becomes effective at September 09th, 2008.
Changes to the Terms; Notice
The TOU is in electronic form and is subject to change without prior notice. Therefore we encourage our users to periodically consult the appropriate section of the Service. All notices to a party shall be made in electronic form. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service. SINERTEQ may broadcast notices or messages through the Service or other reasonable means now known or hereafter developed, to inform you of changes to this TOU, the Service, or other matters of importance. Such broadcasts shall constitute notice to you. You may notify us using contact@sinerteq.com. We do not accept mail or fax notices. We will contact you by e-mail at the address you provide. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. Notices from you via e-mail will be deemed given and received on the receive date of the e-mail.
Description of Service
The use of the Service is free. The Service provides original content as well as other web resources (“Sources”). Customer support is not offered for the Service, unless otherwise provided.
Modifications to or Discontinuation of Service
SINERTEQ is constantly innovating in order to provide the best possible experience for its users. As part of this continuing innovation, SINERTEQ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any features within the Service) with or without notice. You agree that SINERTEQ shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service (or any features within the Service). Should you object to any terms and conditions of the TOU or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
Use of Service
You may access the Service for your personal and private use. Printing is limited to non-commercial use; any other use or communication is prohibited without receiving SINERTEQ prior written consent. All rights not expressly granted to you by the TOU are reserved. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You understand that all information (“Content”), including but not limited to data, text, photographs, graphics, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the Source from which such Content originated. SINERTEQ does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SINERTEQ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree that you are solely responsible for (and that SINERTEQ has no responsibility to you or to any third party for) any breach of your obligations under the TOU and for the consequences (including any loss or damage which SINERTEQ may suffer) of any such breach. You agree to use the Service only for purposes that are permitted by the TOU and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. In using the Service, you will promptly notify us if you learn of a security breach related to the Service.
Prohibited Uses
Your use of the Service is subject to all applicable local, national and international laws and regulations. You agree not to access the Service by any means other than through the interface provided, unless you have been specifically allowed to do so in a separate agreement with SINERTEQ. Particularly, you may not: (a) defame others’ reputation, harm unpleasant and mental damage to others; (b) use the Service in a way that harms us or our advertisers, affiliates, resellers, distributors and/or vendors, Sources or any customer of ours or our advertisers, affiliates, resellers, distributors and/or vendors and Sources; (c) use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”); (d) use any automated process or service to access and/or use the Service (e.g. submit automated queries); (e) use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service; (f) damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone’s use of the Service; (g) resell or redistribute the Service, or any part of the Service; (h) use framing techniques to enclose the Service, or any individual element or materials within the Service, including without limitation, logos or other proprietary information, the content or the layout and design of any page or form contained on a page; (i) other uses which SINERTEQ considers as inappropriate.
Contributions
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to SINERTEQ through its feedback tools, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) SINERTEQ is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) SINERTEQ shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) SINERTEQ may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of SINERTEQ without any obligation of SINERTEQ to you; and (f) you are not entitled to any compensation or reimbursement of any kind from SINERTEQ under any circumstances.
Indemnity
You agree to indemnify and hold SINERTEQ and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content made available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another. If you violate TOU taking illegal use of the service, or intentionally damage the Service, SINERTEQ shall claim a cost of the damage (including lawyer’s fee) to you.
Property Rights
You acknowledge and agree that SINERTEQ owns all legal rights, title and interest in and to the Service, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with SINERTEQ, nothing in the TOU gives you a right to use any of SINERTEQ service marks, logos, design, domain names, and other distinctive brand features. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SINERTEQ. You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this TOU.
Copyright Policy
SINERTEQ respects the intellectual property and copyright policies of others, and we ask our users to do the same. At any time, if you believe that the Service violates your copyright policies, you may send SINERTEQ a copyright infringement notice. We request that contact is made with contact@sinerteq.com. In order to prevent the malicious use of copyright infringement notice, we require that your notice must be must substantially include all of the following: (a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SINERTEQ to locate the material; (c) information reasonably sufficient to permit SINERTEQ to contact you including address, telephone number and e-mail address at which you may be contacted; (d) A statement that you have a good faith belief and reason that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. After receipt of a valid copyright infringement notice meeting the requirements SINERTEQ is required to: (a) Expeditiously remove or disable access to the material that is alleged to be infringing, and (b) Take reasonable steps to promptly notify the claiming party that SINERTEQ has removed or disabled access to the material.
External Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that SINERTEQ is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SINERTEQ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Exclusion of Warranties
You expressly understand and agree that: (a) Your use of the Service are at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. SINERTEQ and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement; (b) SINERTEQ and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the Service will be corrected; (c) Any material obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data; (d) No advice or information, whether oral or written, obtained by you from SINERTEQ or through or from the Service shall create any warranty not expressly stated in the TOU, unless otherwise specified.
Limitation of Liability
You expressly understand and agree that SINERTEQ and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, 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 SINERTEQ has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Service; or (iv) any other matter relating to the Service.
Suspension; Termination
If you violate any of the terms in this TOU, SINERTEQ may suspend or terminate your use of the Service without prior notice.
General Terms
The TOU constitutes the entire agreement between you and SINERTEQ and governs your use of the Service, superseding any prior version of this TOU between you and SINERTEQ with respect to the Service. You expressly understand and agree that: (a) The TOU, and your relationship with SINERTEQ under the TOU, shall be governed by Romanian law. Any conflict shall arise, you and SINERTEQ agree to make all the reasonable efforts to solve it in an amiable fashion. Should the amiable efforts fail, you and SINERTEQ agree to submit to the exclusive jurisdiction of the courts of Romania; (b) Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the TOU do not affect your legal relationship with these other companies or individuals; (c) Any claim related to this TOU or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns; (d) The failure of SINERTEQ to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. Any waiver of any provision of this TOU will be effective only if in writing and signed by SINERTEQ. If any provision of this TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOU remain in full force and effect; (e) The section titles in the TOU are for convenience only and have no legal or contractual effect.
