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Online Terms & Conditions |
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Online Purchasing Terms & Conditions |
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| Acceptance |
| The
web services that Daeja provide to you are
subject to the following Terms of Use (the
"Terms"). Daeja reserves the right
to update the Terms at any time without notice. |
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| Description |
Daeja
provides you with access to a variety of
web based resources, including but not limited
to company, product and licensing information,
documentation, pricing information and product
purchasing, product installation, support
and maintenance information, download areas
including downloadable and trial versions
of various products and samples, communication
forums, links to other sites and resources,
(collectively "Services"). The
Services, including any updates, enhancements,
new features, and/or the addition of any
new web based services, are subject to the
Terms.
Service operation
Daeja does not guarantee the availability
of the Service or that any aspect of the
service will operate without fault or delay.
Daeja is not responsible, in any way, for
delays or problems incurred, with particular
reference to Internet communications services
and equipment, third party services and
Internet Service Providers. The Service
is provided on an “as is” basis
without any obligation or liabilities to
Daeja other than those expressly laid out
in these Terms.
Daeja reserve the right to make any changes
to the Services or web site content of any
form, location, domain, or any aspect of
the site without notice at any time. |
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| Personal use |
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Unless otherwise specified, the Services are
for your personal and non-commercial use.
You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license,
create derivative works from, transfer, or
sell any information, software, products or
services obtained from the Services |
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| Protection of information |
| See
the Privacy
Statement
disclosures relating to the collection and
use of your information. |
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| Software available
on this site |
| Any
software that is made available to download
from the Services ("Software") is
the copyrighted work of Daeja and/or its suppliers.
Use of the Software is governed by the terms
of the Software License
Agreement ("License Agreement")
which accompanies or is included with the
Software. An end user will be unable to install
any Software that is accompanied by or includes
a License Agreement, unless they first agree
to the License Agreement terms.
The Software is made available for download
solely for use by end users according to
the License Agreement. Any reproduction
or redistribution of the Software not in
accordance with the License Agreement is
expressly prohibited by law, and may result
in severe civil and criminal penalties.
Without limiting the foregoing, copying
or reproduction of the Software to any other
server or location for further copying,
reproduction or redistribution is expressly
prohibited, unless such copying, reproduction
or redistribution is expressly permitted
by the License Agreement accompanying such
Software or unless express written permission
has been granted by Daeja.
If the Software is warranted, it is only
warranted according to the terms of the
License Agreement.
Except as warranted in the License Agreement,
Daeja hereby disclaims all warranties and
conditions with regard to the Software,
including all warranties and conditions
of merchantability, whether express, implied
or statutory, and fitness for a particular
purpose.
For your convenience, Daeja may make available,
as part of the Services or in its software
products, tools and utilities for use and/or
download. Daeja does not make any assurances
with regard to the accuracy of the results
or output that derives from such use of
any such tools and utilities. Please respect
the intellectual property rights of others
when using the tools and utilities made
available on the services or in Daeja software
products.
Documents available on this site
Any documentation that is made available
(and/or to download) from the Services ("Documents")
is the copyrighted work of Daeja and/or
its suppliers.
Daeja and/or its respective suppliers make
no representations about the suitability
of the information contained in the Documents
and related graphics published as part of
the Services for any purpose. All such Documents
and related graphics are provided "as
is" without warranty of any kind. Daeja
and/or its respective suppliers hereby disclaim
all warranties and conditions with regard
to this information, including all warranties
and conditions of merchantability, whether
express, implied or statutory, and fitness
for a particular purpose. In no event shall
Daeja and/or its respective suppliers be
liable for any special, indirect or consequential
damages or any damages whatsoever resulting
from loss of use, data or profits, whether
in an action of contract, negligence or
other tortious action, arising out of or
in connection with the use or performance
of information available from the Services.
The Documents and related graphics published
on the Services could include technical
inaccuracies or typographical errors. Changes
are periodically added to the information
herein. Daeja and/or its respective suppliers
may make improvements and/or changes in
the Services at any time. |
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| Software, documents
and services available on this site |
In
no event shall Daeja and/or its respective
suppliers be liable for any special, indirect
or consequential damages or any damages
whatsoever resulting from loss of use, data
or profits, whether in an action of contract,
negligence or other tortious action, arising
out of or in connection with the use or
performance of software, documents, provision
of or failure to provide services, or information
available from the services. |
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| Membership accounts |
If
any of the Services requires you to open
an account, you must complete the registration
process by providing current, complete and
accurate information as prompted by the
applicable registration form. You are entirely
responsible for maintaining the confidentiality
of any password and/or username that you
may be required to create. Furthermore,
except for Daeja’s own responsibility
towards the matter, you are entirely responsible
for any and all activities that occur under
your account. You agree to notify Daeja
immediately of any unauthorized use of your
account or any other breach of security.
Daeja will not be liable for any loss that
you may incur as a result of someone else
using your password or account due to your
fault, either with or without your knowledge.
However, you could be held liable for losses
incurred by Daeja or another party due to
someone else using your account or password
due to your fault. You may not use anyone
else's account at any time, without the
permission of the account holder. |
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| No unlawful or prohibited
use |
As
a condition of your use of the Services,
you will not use the Services for any purpose
that is unlawful or prohibited by these
terms, conditions, and notices. You may
not use the Services in any manner that
could damage, disable, overburden, or impair
any Daeja server, or the network(s) connected
to any Daeja server, or interfere with any
other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized
access to any Services, other accounts,
computer systems or networks connected to
any Daeja server or to any of the Services,
through hacking, password mining or any
other means. You may not obtain or attempt
to obtain any materials or information through
any means not intentionally made available
through the Services. |
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| Use of Services |
The
Services may contain email services, bulletin
board services, chat areas, news groups,
forums, communities, personal web pages,
images, photographs, file cabinets and/or
other message or communication facilities
designed to enable you to communicate with
others or Daeja (each termed a "Communication
Service" and collectively termed "Communication
Services"). You agree to use the Communication
Services only to post, send and receive
messages and material that are proper and,
when applicable, related to the particular
Communication Service. By way of example,
and not as a limitation, you agree that
when using the Communication Services, you
will not:
- Use the Communication Services in connection
with surveys, contests, pyramid schemes,
chain letters, junk email, spamming or
any duplicative or unsolicited messages
(commercial or otherwise).
- Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights
(such as rights of privacy and publicity)
of others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful
topic, name, material or information.
- Upload, or otherwise make available,
files that contain images, photographs,
software or other material protected by
intellectual property laws, including,
by way of example, and not as limitation,
copyright or trademark laws (or by rights
of privacy or publicity) unless you own
or control the rights thereto or have
received all necessary consent to do the
same.
- Use any material or information, including
images or photographs, which are made
available through the Services in any
manner that infringes any copyright, trademark,
patent, trade secret, or other proprietary
right of any party.
- Upload files that contain viruses, Trojan
horses, worms, time bombs, cancelbots,
corrupted files, or any other similar
software or programs that may damage the
operation of another's computer or property
of another.
- Advertise or offer to sell or buy any
goods or services for any business purpose,
unless such Communication Services specifically
allow such messages.
- Download any file posted by another
user of a Communication Service that you
know, or reasonably should know, cannot
be legally reproduced, displayed, performed,
and/or distributed in such manner.
- Falsify or delete any copyright management
information, such as author attributions,
legal or other proper notices or proprietary
designations or labels of the origin or
source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from
using and enjoying the Communication Services.
- Violate any code of conduct or other
guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect information
about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose
of misleading Daeja or others.
- Use, download or otherwise copy, or
provide (whether or not for a fee) to
a person or entity any directory of users
of the Services or other user or usage
information or any portion thereof.
Daeja has no obligation to monitor the
Communication Services. However, Daeja reserves
the right to review materials posted to
the Communication Services and to remove
any materials in its sole discretion. Daeja
reserves the right to terminate your access
to any or all of the Communication Services
at any time, without notice, for any reason
whatsoever.
Daeja reserves the right at all times to
disclose any information as Daeja deems
necessary to satisfy any applicable law,
regulation, legal process or governmental
request, or to edit, refuse to post or to
remove any information or materials, in
whole or in part, in Daeja's sole discretion.
Always use caution when giving out any
personally identifiable information about
yourself or anyone else in any Communication
Services. Daeja does not control or endorse
the content, messages or information found
in any Communication Services and, therefore,
Daeja specifically disclaims any liability
with regard to the Communication Services
and any actions resulting from your participation
in any Communication Services. Managers
and hosts are not authorized Daeja spokespersons,
and their views do not necessarily reflect
those of Daeja.
Materials uploaded to the Communication
Services may be subject to posted limitations
on usage, reproduction and/or dissemination;
you are responsible for adhering to such
limitations if you download the materials. |
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| Materials provided
to Daeja or posted to this site |
Daeja
does not claim ownership of the materials
you provide to Daeja (including feedback
and suggestions) or post, upload, input
or submit to any Services or its associated
services for review by the general public,
or by the members of any public or private
community, (each termed a "Submission"
and collectively termed "Submissions").
However, by posting, uploading, inputting,
providing or submitting ("Posting")
your Submission you are granting Daeja permission
to use your Submission in connection with
the operation of its Internet businesses
including, without limitation, all Daeja
Services and the license rights to: copy,
distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate
and reformat your Submission; to publish
your name in connection with your Submission;
and the right to sublicense such rights
to any supplier of the Services.
No compensation will be paid with respect
to the use of your Submission, as provided
herein. Daeja is under no obligation to
post or use any Submission you may provide
and Daeja may remove any Submission at any
time in its sole discretion.
By Posting a Submission you warrant and
represent that you own or otherwise control
all of the rights to your Submission as
described in these Terms including, without
limitation, all the rights necessary for
you to provide, post, upload, input or submit
the Submissions.
In addition to the warranty and representation
set forth above, by Posting a Submission
that contains images, photographs, pictures
that are otherwise graphical in whole or
in part ("Images"), you warrant
and represent that (a) you are the copyright
owner of such Images, or that the copyright
owner of such Images has granted you permission
to use such Images or any content and/or
images contained in such Images consistent
with the manner and purpose of your use
and as otherwise permitted by these Terms
and the Services, (b) you have the rights
necessary to grant the permissions described
in these Terms, and (c) that each person
depicted in such Images, if any, has provided
consent to the use of the Images as set
forth in these Terms, including, by way
of example, and not as a limitation, the
distribution, public display and reproduction
of such Images. By Posting Images, you are
granting (a) to all members of your private
community (for each such Images available
to members of such private community), and/or
(b) to the general public (for each such
Images available anywhere on the Services,
other than a private community), permission
to use your Images in connection with the
use, as permitted by these Terms, of any
of the Services, (including, by way of example,
and not as a limitation, making prints and
gift items which include such Images), and
including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy,
distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate
and reformat your Images without having
your name attached to such Images, and the
right to sublicense such rights to any supplier
of the Services. The licenses granted in
the preceding sentences for Images will
terminate at the time you or Daeja completely
remove such Images from the Services, provided
that, such termination shall not affect
any licenses granted in connection with
such Images prior to the time you or Daeja
completely remove such Images. No compensation
will be paid with respect to the use of
your Images. |
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| Links to third party
sites |
The links in the Services will let you leave
Daeja's site. The linked sites are not under
the control of Daeja and Daeja is not responsible
for the contents of any linked site or any
link contained in a linked site, or any
changes or updates to such sites. Daeja
is not responsible for webcasting or any
other form of transmission received from
any linked site. Daeja is providing these
links to you only as a convenience, and
the inclusion of any link does not imply
endorsement by Daeja of the linked site.
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| Refunds |
Refunds are
only payable in certain circumstances and are entirely at
the discretion of Daeja management.
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