1. INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Alcads Site and the text, software, music, sound, photographs, video, graphics, domain names, URL’s, advertisements, commercially produced information, and other materials contained on the Alcads Site (Alcads content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of Alcads nv) or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, Alcads does not grant to you any express or implied rights to Alcads or any third party’s Intellectual Property. The Alcads Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.
2. USE OF Alcads CONTENT
You understand and agree that you are permitted to use Alcads Content only as expressly authorized by Alcads or its third party licensors, as applicable. You may download, view, copy and print Alcads Content, subject to the following: (a) the Alcads Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the Alcads Content may not be modified or altered in any way.
All Alcads graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of Alcads. Alcads trademarks and trade dress may not be used in connection with any product or service that is not Alcads, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Alcads. All other trademarks not owned by Alcads that appear on the Alcads Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Alcads
4. USER RESPONSIBILITIES
In consideration for your use of the Alcads Site, you must: (1) provide all equipment necessary for accessing and utilizing the Alcads Site; (2) provide for your own access to the World Wide Web and pay any telephone service fees or other charges associated with your access; and (3) agree to adhere to the terms of this Agreement. If you decide to purchase or access products or services through the Alcads Site, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so during checkout (this information will be referred to as Customer Information); (2) maintain and update your Customer Information as required to keep it current, complete and accurate; and (3) only enter into such agreement and provide such Customer Information when you are at least 16 years of age or older, in addition to being of such minimum age, if the laws of your country of residence so require to legally enter into an agreement, have your parent or legal guardian agree on your behalf. If we become aware that a user under the age of 16 is accessing or purchasing such products or services, we will notify the user that he is not eligible to do so. We will also expunge any Customer Information from our records, barring that which is used to block the child from our service. All Customer Information will be processed in accordance with the Alcads Privacy Statement. Alcads reserves the right to terminate your right to use the Alcads Site or block your access to the Alcads Site if Alcads learns that you have provided Alcads with false, inaccurate or misleading Customer Information or that you have otherwise violated this Agreement. Alcads reserves the right to change its criteria for allowing access to the Alcads Site, at any time, in its sole discretion.
5. LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the Alcads Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the Alcads Site; (2) Alcads has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) Alcads is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through the Alcads Site.
6. USER MATERIALS
The Alcads Site contains e-mail and other functions for you to provide files, data, media, orders, product inquiries, graphics, text or other information to Alcads (User Materials). You hereby grant (or warrant that the owner of rights to the content or information has expressly granted) Alcads the world-wide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display User Materials (in whole or in part) and to incorporate them in other works in any form, media, or technology now known or later developed on the Alcads Site. User Materials do not include your Customer Information, which is processed in accordance with the Alcads Privacy Statement. You agree not to provide Alcads with any User Materials that are confidential. You understand that the technical processing and transmission of information on the Alcads Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In the event that you make accessible communications or other materials that infringe the copyrights of a third party, Alcads will terminate your access to the Alcads Site in accordance with Alcads Copyright Policy as set forth below.
7. PERSONAL DATA
For detailed information regarding Alcads use of your Customer Information and any other personal data you may submit, please read the Alcads Privacy Statement.
8. IDEA SUBMISSION POLICY
Alcads will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when Alcads products or services (collectively, Alcads Products) might seem similar to ideas submitted to Alcads. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to Alcads or anyone at Alcads. If, despite this request, you still send us your ideas and materials, please understand that Alcads will not treat your ideas or materials as confidential or proprietary.
Alcads may terminate this Agreement at any time with or without cause. You agree that Alcads, in its sole discretion, may terminate your access to all or a portion of the Alcads Site, cancel any orders you have placed for products or services via the E-Store, and remove and discard any User Materials or Customer Information within the Alcads Site, for any reason, including, without limitation, lack of use, or if Alcads believes that you have violated this Agreement. You agree that any termination of your access to the Alcads Site may be effected without prior notice, and acknowledge and agree that Alcads may delete your account information in accordance with the Alcads Privacy Statement and/or prevent any further access to the Alcads Site. Further, you agree that Alcads will not be liable to you or any third party as a result of Alcads termination of your access to the Alcads Site. Should you object to any provision of this Agreement or any subsequent modifications to it, or become dissatisfied with the Alcads Site in any way, your only recourse is to cancel your account by sending a request for cancellation to Alcads via our contact form. Upon confirmation of your request, your account will be canceled and all your User Materials and Customer Information will be deleted in accordance with the Alcads Privacy Statement.
10. ACCEPTABLE USE
In consideration of your use of the Alcads Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify Alcads of any unauthorized use of your account or any other breach of security of which you are aware.
You agree that you will use the Alcads Site in a manner that complies with all applicable, international, federal, state, and local laws, and, subject to Alcads obligations under its Privacy Statement, you acknowledge that you are solely responsible for any User Materials that you upload, download, transmit or otherwise process using the Alcads Site.
You agree not to:
(a) upload, download or transmit via the Alcads Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another’s privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, “spam”, chain-letters, or other such solicitation;
(b) use the Alcads Site to publicly broadcast, transmit, or display User Materials for “pay-per-download” or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the Alcads Site or any Internet host;
(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;
(d) disrupt or interfere with the security of, or otherwise abuse, the Alcads Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Alcads Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the Alcads Site or products made available on the Alcads Site;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;
(f) sub-license, lease, rent, sell, resell, or otherwise transfer rights to the Alcads Site or exploit for any commercial purposes any use of the Alcads Site;
(g) modify, translate, de-compile, reverse-engineer, disassemble, or create derivative works based on the Alcads Site, or bypass the Alcads Site and directly access any individual components of or products that are included in the Alcads Site; or
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the Alcads Site or in Alcads Content printed or downloaded through the Alcads Site, or contained in or included with products or services received through the Alcads Site.
11. NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE Alcads END USER LICENSE AGREEMENT, THE Alcads SITE AND PRODUCTS OFFERED THROUGH THE Alcads SITE UNDER THIS AGREEMENT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Alcads DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. Alcads AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE Alcads SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. Alcads AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE Alcads SITE OBTAINED FROM Alcads OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY Alcads CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE Alcads SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE Alcads SITE ARE GOVERNED SOLELY BY THE THIRD PARTY’S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND Alcads HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Alcads, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE Alcads SITE, THE PRODUCTS OFFERED THROUGH THE Alcads SITE, INCLUDING WITHOUT LIMITATION THE Alcads PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF Alcads WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS Alcads ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. Alcads CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Alcads SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF Alcads FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold Alcads and its suppliers, licensors, vendors, service providers, 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 your use of the Alcads Site, and User Materials you submit, transmit, store, upload or download through the Alcads Site, any product received by you through the Alcads Site, or any violation of this Agreement or the rights of others.
14. COPYRIGHT POLICY – NOTICE TO Alcads REGARDING ALLEGED COPYRIGHT INFRINGEMENT
Alcads respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), Alcads has designated an agent to receive notifications of alleged copyright infringement associated with the Alcads Site. Alcads will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:
Hornchurch,Essex RM11 1RS
Phone: +44 (753) 712-1561
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Alcads reserves the right to terminate your use of the Alcads Site for any actual or alleged copyright infringement.
All notices to a party shall be in writing and shall be made via our contact form for notices to Alcads, or to the e-mail address that you provide to Alcads as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to Alcads may be sent by regular mail, postage prepaid to Alcads address provided below. Alcads may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
You may not export from Belgium or allow the export or re-export of any part of the Alcads Site or products obtained via the Alcads Site, in violation of any restrictions, laws or regulations of the Belgian Autorithy You agree to defend and indemnify Alcads from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of any claim that the Alcads Site, or any product or other information or materials obtained from Alcads were exported or otherwise accessed, shipped or transported in violation of this Section and all applicable laws and regulations.
Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and Alcads with respect to the Alcads Site and purchases made via the E-Store. While Alcads reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Alcads execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable Belgian laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in Belgium. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment. Alcads may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of Alcads. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.
18. Alcads E-STORE
The following provisions specifically relate to the e-tore portion of the Alcads Site. All other provisions of this Agreement apply to the E-Store as well:
Order Acceptance. Your receipt of an electronic or other form of order confirmation does not constitute Alcads acceptance of your order for products or services offered through the Alcads Site, nor does it constitute confirmation of Alcads offer to sell you a particular product or service. Alcads reserves the right at any time after receipt of your order to accept, decline, or limit your order for any reason. Your credit card will not be charged until Alcads has accepted your order and prepared your order for shipment or for download. We may require additional verifications or information before accepting any order. Price and availability of products and services offered through the Alcads Site are subject to change without prior notice. To the extent we provide information on the availability of Alcads Products or products and services provided by third party vendors, suppliers, publishers, and manufacturers (collectively Third Party Products), we attempt to be as accurate as possible.
However, Alcads does not warrant that product descriptions, product availability or other information on the Alcads Site is accurate, complete, reliable, current, or error-free. Alcads will not be liable for any lack of availability of Alcads Products or Third Party Products you may order through the Alcads Site. If your purchase order or any other communication with Alcads contains provisions inconsistent with this Agreement, this Agreement will prevail.
Security. The purchase area of the E-Store is designed to be secure. This means that any information you send us is protected by encryption. All messages are sent in an encrypted “digital envelope” and authenticated to verify the identity of both the sender and the receiver of the transaction. However, no connection to the Internet is completely secure. If you experience fraudulent use of your credit card as a result of shopping with Alcads, notify your credit card company in accordance with its reporting rules and procedures. Most companies will either cover all of the fraudulent purchases or hold you liable for a maximum of $50. Should your credit card company discover credit card fraud and hold you liable for some portion of the unauthorized charges, and provided the purchase was made through our secure server, Alcads will reimburse you for the maximum liability of $50.
Limited Warranty. Alcads offers through the E-Store both Alcads Products and Third Party Products. Certain Alcads Products and Third Party Products may be subject to End User License Agreements in addition to this Agreement. In the event of a conflict between any provision of a Alcads End User License Agreement and this Agreement, the provision of the Alcads End User License Agreement will control as to the particular conflicting provision.
Alcads Products. During the period within thirty (30) days after you download a Alcads Product or within thirty (30) days after you receive a Alcads Product if the product is shipped to you rather than downloaded (Warranty Period), Alcads will, at Alcads sole option and without charge, replace the Alcads Product if it fails to conform to the product’s accompanying documentation in effect at the time of shipment or download, or refund the purchase price of the Alcads Product, provided that Alcads will not have any liability whatsoever for any damage to or defect in a Alcads Product resulting directly or indirectly from your abuse or misuse of the product. For you to receive the benefit of this limited warranty, the following must occur: (1) you must notify Alcads of your claim of an alleged defect or nonconformity within the Warranty Period; (2) you must return any Alcads Product to Alcads (if the product was shipped), or certify in writing to Alcads that the product has been destroyed (if the product was downloaded); and (3) Alcads must determine that the Alcads Product is defective or nonconforming. If the Alcads Product has been shipped to you and the package is unopened, you may return the Alcads Product to Alcads, at your expense, any time within the Warranty Period for a refund of the purchase price.
Technical Support for Alcads Products. During the Warranty Period, Alcads will provide technical support to you for Alcads Products, without charge. If you wish to purchase a technical support package beyond the Warranty Period, you may do so through the E-Store.
Third Party Products. All Third Party Products ordered through the E-Store are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and Alcads will not be responsible for any Third Party Products, except that Alcads will coordinate returns of Third Party Products to Third Parties.
Taxes. Prices listed through the Alcads Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to Alcads upon demand, any such tax, charge or assessment, unless you have furnished to Alcads an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.
19. MODIFICATIONS TO AGREEMENT OR Alcads SITE
Alcads may at any time modify, update, or otherwise change the provisions of this Agreement. If any modification to this Agreement is unacceptable to you, you may immediately terminate your use of the Alcads Site or your account. However, if you do not terminate your account, or continue to use the Alcads Site following the posting of any modification to this Agreement, your continued use will be deemed an acceptance of that modification. Accordingly, we encourage you to visit the Alcads Site from time to time to review the current version of this Agreement. Alcads reserves the right to modify or discontinue all or part of the Alcads Site, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Alcads Site. You acknowledge and agree that Alcads will not be liable to you or any third party in the event that Alcads exercises its right to modify or discontinue all or part of the Alcads Site. Unless explicitly stated otherwise, any new features that augment or enhance the current Alcads Site will be subject to this Agreement.
All prices listed are yearly. A purchased license is valid for one year and must then be renewed and paid again.
You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement.