Aebis has a strong commitment to providing excellent service to all visitors of its Web site. We have prepared this statement ("Statement") to inform you of the principles that govern this Web site.
By using or accessing any part of the Website, you are agreeing to these Terms of Service and all other policies or notices posted by us on our websites: if you do not agree to these Terms of Service, do not use the Website.
We can change these Terms of Service at any time without any notice to you. It is your responsibility to review this Statement from time to time for any changes as it creates a binding legal agreement between you and Aebis. If you use the Website after we have changed any of the Statement, you are agreeing to all of the changes.
This Statement contains numerous general and technical details about the steps we take to respect your privacy concerns. We have organized the Statement by major processes and areas so that you can quickly link to the information of most interest to you, namely:
If after reviewing this Statement, you have any questions or concerns please send an email toor send a letter to:
Attn: Information Protection and Privacy
C/O CONSTANTIN ASSOCIATES LLP
575 Madison Avenue, 25th Floor
New York, NY 10022
United States of America
This Statement was last updated on November 15, 2012. In the future, we may need to make additional changes. All changes will be highlighted here so that you will always understand our current practices with respect to the information we gather, how we might use that information and disclosure of that information to third parties.
You have our permission to use our Website, but only if:
- you are over 18 years old;
- you do not copy the Website or any part of the Website; and
- you follow all the rules and restrictions that we have spelled out in this Statement.
You may need to set up an account in order to use some of the features of the Website. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Website. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. You are solely responsible for any User Comments you post to the Website, and the consequences of posting or publishing it; when we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Website. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
You may not:
- use our Website for any illegal purpose;
- submit User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
- forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
- submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
- submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- impersonate anyone else or lie about your affiliation with another person or entity;
- use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks;
- upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Website, or harm or corrupt our or anyone else's computer systems, or data;
- use our Website to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
- collect or gather other people's personal information (including account information) from our Website;
- submit User Content which disparages us or our partners, vendor or affiliates; or
- solicit, for commercial purposes, any users of our Website
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
If you post User Content, you are making a guarantee to us that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Website without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Website a non-exclusive royalty-free, fully-paid, sublicenseable and transferable license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Website and under these Terms of Service.
You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential. We are Not Responsible for User Content. We generally do not review any of the User Content posted by our users. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Website. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Website, including your exposure to User Content.
Aebis and its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Website and Content which is included in the Website (other than User Content). If you give feedback on the Website, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Website without compensation to you. We reserve all rights in and to the Website unless we expressly state otherwise. The Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the Website to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Website
All brand, product and service names used in the Website which identify Aebis or our suppliers and our or their proprietary products and services are the trademarks or service marks of Aebis or our suppliers. Nothing in the Website shall be deemed to confer on any person any license or right on the part of Aebis or such supplier with respect to any such image, logo or name
You agree not to disable, interfere, or try to get around any of the features of the Website related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Website or the Content on the Website.
We respect the intellectual property rights of others. You may not use our Website to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we will remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Website more than twice.
If you believe that something on our Website violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
1.provide your physical or electronic signature;
2.identify the copyrighted work that you believe is being infringed;
3. identify the item on our Website that you think is infringing your work and include sufficient information about where the material is located on our Website (including which website) so that we can find it;
4.provide us with a way to contact you, such as your address, telephone number, or e-mail;
5. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Website; and
6. provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
We are not a content-archiving service. We do not promise to store or make available on our Website any User Content that you submit, or any other Content, for any length of time. You are solely responsible for keeping back-ups of everything you post on our Website.
You acknowledge that temporary interruptions in the availability of the Website may occur from time to time as normal events. Also, we may decide to cease making available the Website or any portion of the Website at any time and for any reason. Under no circumstances will Aebis or its suppliers be held liable for any damages due to such interruptions or lack of availability.
Under the trademark , we may offer you for sale or download certain Aebis products or services ("Products"). Your use of such Products will be subject to licensing terms applicable to such Products, or a separate written agreement between you and Aebis.
Our Website may contain links to other websites that we do not own or control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content or products. You will not hold us responsible for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
You agree to indemnify and hold harmless Aebis and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Website, your connection to the Website, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Website.
We may terminate or suspend the Website or any part of the Website, terminate or suspend your use of the Website, block any IP address, or remove any of your User Content at any time without cause without any liability to you.
Further, we may terminate or suspend your permission to use the Website immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Website for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Website or for Products (if applicable).
Upon any termination we may delete your account, passwords and User Content, and we may bar you from further use of the Website. You understand that we may also continue to make your User Content available on the Website even if your use of the Website is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account or access to the Website.
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.
Portions of the Website may be accompanied by additional terms which apply to specific features or areas of the Website. Those additional terms supplement these terms with respect to your use of those features or areas.
YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.
USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. AEBIS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS 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.
AEBIS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE WEBSITE OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE WEBSITE OR THAT AEBIS WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE WEBSITE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND AEBIS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE WEBSITE OR ANY CONTENT OBTAINED FROM THE WEBSITE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, AEBIS AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE OR ANY CONTENT PROVIDED BY OR THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (I) YOUR USE OR INABILITY TO USE OUR WEBSITE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (IV) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AEBIS'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.