Privacy policy

Terms Of Service

Overview

The following are terms of a legal agreement between you and "Tosecon Ltd." . By accessing, browsing, or using this Web site or the software available for downloading from it, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

Translations

Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and "Tosecon Ltd." makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.If you wish to view this information in German language, then visit this page to view the text in German language.

BY REGISTERING FOR, INSTALLING, ACCESSING OR USING ANY OF OUR SERVICES, YOU AGREE TO THESE TERMS OF SERVICE (the "TOS"). This TOS is an agreement in electronic form that has the same force and effect as an agreement in writing.

1. Terms of Service: This TOS governs your use of the Services and your relationship between You and us. In this TOS, the term "You," "your", etc., means the individual or entity using the Services, and the term "we" or "us" means "Tosecon" Ltd., subsidiaries and affiliates that provide the Services to You. If you cannot or do no wish to abide by the terms of this TOS, You may not use the Services.

2.Modifications of the TOS: "Tosecon Ltd."  may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting."Tosecon Ltd." may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

3.You: You must be at least 13 years of age or older to use the Services. You understand that You may not accept the benefits of the Services unless you abide at all times by this TOS.

4.Proprietary Rights.

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without "Tosecon Ltd." prior written consent, except that "Tosecon Ltd." grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, WinMagic does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

4.Location of the Services: The Services are controlled and operated within the country Bulgaria. Although the Services are accessible from outside of Bulgaria, You understand and agree that the Services

(a) are not designed or customized for distribution for any specific country or jurisdiction

(b) may not be used in any Territory prohibited by law,

(c) may not be appropriate or available for access or use in any particular Territory,and

(d) are provided without any content filtering or rating mechanism.

Information "Tosecon Ltd." publishes on the Internet may contain references or cross references to "Tosecon Ltd." products, programs and services that are not announced or available in your country. Such references do not imply that "Tosecon Ltd." intends to announce or make available such products, programs, or services in your country.We have no obligation to assure that the Services comply with applicable local laws and regulations within the Territories in which you elect to use the Services.You are solely responsible for compliance with local laws applicable to your use of the Services.

5.Registration

Certain Services may require that you obtain a user identification to authenticate access to your Services ("User Id").If you elect to sign up for any of our Services, You must register in your own name, provide true and correct information to us, and meet the eligibility requirements of Section 3

6.Your resposibiliies when using our services:You are responsible for your use of the Services under your User Id. When you use any of our Services, you will:

    a. Follow all applicable laws and regulations;

    b. Follow this TOS, including any other guidelines or policies that may apply to specific Services;

    c. Protect Your User Id and keep your password secret; and

    d. Not let anyone use Your User Id for any purpose.

7. Prohibited Activities: When you use any of our Services, you will not:

    a. Participate in, facilitate or further illegal activities;

    b. Use any Service in a way that harms us or our customers, advertisers, affiliates, vendors, or anyone else;

    c. Send any e-mail or Instant Message or use any other communication tool to send any unsolicited bulk communication;

    d. Use any automated process to access or use the Services, including but not limited to scripts, spiders, or BOTs;

    e. Use any process, whether automated or manual, to capture data or content from any Service, including but not limited to screen-scraping;

    f. Use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services;

    g. Interfere with anyone's use and enjoyment of the Services; or

    h. Resell or redistribute any Services or any part of the Services

8. Termination of Your Account: We have the right to enforce this TOS and take whatever action against your Account we deem appropriate in our sole discretion. We are not required to provide notice prior to terminating or taking any other action against Your Account.

9. Contact and Other Personal Information:

YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONTACT, INTERACTION, LOSS OF PRIVACY, AND ANY OTHER CONSEQUENCES THAT OCCUR BETWEEN YOU AND ANY OTHER USER OF OUR SERVICES OR THE PUBLIC AND THAT THE ENTIRE RISK FALLS ON YOU.

10. Changes to or Discontinuation of Services: We, in our sole discretion, may change or discontinue any or all aspects of the Services without notice, including access to support services, content and other products or services ancillary to the Services.

11.Public Forums.

We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site or the Web Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

12. Software license

    8.1 License: We and our suppliers grant You a personal, non-exclusive, non-transferable, limited license to install any provided software on any computer or device from which You wish to access our Services and to use the software to connect to and use our Services in accordance with this TOS.

    8.2 Automatic Upgrades: We occasionally will provide automatic software and technology upgrades to improve Your experience although these upgrades may not be consistent across all platforms and devices. You agree to accept and to take no action to interfere with such automatic upgrades, scanning, and related services.

    8.3 Limited to Accessing Our Services: You may only use the software to access and use our Services.

    8.4 Copying, Selling, Reverse Engineering Prohibited: You may not copy the software except to install it on Your computer or other devices. You may not sell the software or incorporate it (or any portion of it) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the software in any way or remove proprietary notices in the software.

    8.5 Reverse Engineering of Communication Protocols Prohibited: You may not obtain the communications protocol for accessing our Services unless expressly authorized by us.

    8.6 Laws and Regulations: You agree to abide by all laws and regulations in effect regarding Your use of the Software and our Services. You may not authorize or assist any third party to do any of the things described in this section.

    8.7 Commercial Item: The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth herein.

    8.8 Export Laws: You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Software subject to restrictions under such laws to a national destination prohibited under such laws, or to any person or entity prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization.

13.Linking to the Web Site.

All links to this Web site must be approved in writing by "Tosecon Ltd.". You agree that if you include a link from any other web site to the Web Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Web Site. You are not permitted to link directly to any image hosted on the Web Site or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Web Site in any manner such that the Web Site, or any page of the Web Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Web Site be discontinued, and to revoke your right to link to the Web Site from any other web site at any time upon written notice to you.This Web site may provide links or references to non-"Tosecon Ltd." Web sites and resources. "Tosecon Ltd." makes no representations, warranties, or other commitments whatsoever about any non-"Tosecon Ltd.".Accordingly, you acknowledge and agree that "Tosecon Ltd." is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.When you access a non-"Tosecon Ltd." Web site, please understand that it is independent from "Tosecon Ltd.", and that "Tosecon Ltd." does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

14. DISCLAIMER OF WARRANTIES

    14.1 DISCLAIMER: YOUR USE OF THE SERVICES, SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND SOFTWARE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. WE AND OUR SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE, SERVICES, OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WE PROVIDE SERVICES AND SOFTWARE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

15.LIMITATION OF LIABILITY

IN NO EVENT WILL "Tosecon Ltd." BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WINMAGIC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

16. INDEMNIFICATION

    16.1 Indemnification: Upon a request by us, You agree to defend, indemnify and hold harmless us and our suppliers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of this TOS for which You are responsible or from the use of the Services or Internet, or in connection with Your transmission of any Content on the Services.

    16.2 Defense and Control of Claims: We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. In that event, You shall have no further obligation to provide indemnification for us in that matter.

17.Applicable Laws.

We control and operate the Web Site from our offices in the country Bulgaria. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

18.Miscellaneous

The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the country Bulgaria.You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the country Bulgaria. You agree to submit to the personal and exclusive jurisdiction of the courts located within Bulgaria. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions 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 the Terms and Conditions remain in full force and effect.

 

 

Last Updated:

 

01.03.2013