These general terms and conditions govern the use of and access to the websites of Abiquo, Inc. (“Abiquo”, the “Company” or “we”), and the offer and acquisition of products and services of the Company, made available to users (“user” or “you”) at web sites in the abiquo.com domain (“this website”).
By using this website and acquiring of any product or service, you accept and comply with these general terms and any specific terms applicable to any particular part of the website. Accordingly, you should carefully read these terms and any instructions shown on the website each time you access the site.
Abiquo reserves the right to modify or delete at any time and without notice any content, services and information that are published in this website, as well as limit or modify these terms. Any modification will take effect as from the date of publishing and will bind any user accessing the page subsequent to publication. You may save these terms and print them using the “Print” function of the browser.
For any information about the Company or its products and services, please contact us at the email address info@abiquo.com
1.1 Terms of Use
This website provides information about Abiquo’s activities, initiatives, products and services in general, and serves to promote relations with and provide products and services to customers and business partners.
You may access and view the content of this website free of charge, subject to these terms and any specific terms governing certain content, products or services.
You undertake to make appropriate, correct and lawful use of the contents and services of the website, in accordance with these terms and conditions. Illegal, unlawful activities or those that are contrary to good faith and public order are strictly forbidden, as, in general, is any conduct that is detrimental to or attacks or induces any attack on human dignity and the principle of non-discrimination for reasons of race, sex, religion, opinion, nationality or any other personal or social circumstance; is prejudicial to public health and that of the consumers and users and in particular to young persons and children. It is also forbidden to carry out any activity aimed at impersonating any person or organization, and interfere, breach, alter or disconnect the system, servers, networks or contents of this website.
We reserve the right to exclude any user from the service without advance notice and to adopt such measures as it may deem appropriate at each time in order to prevent conduct and activities that are or may be in breach of these terms.
We reserve the right to modify, replace, update, renew, impede or restrict access, interrupt, block, temporarily suspend or cancel definitively any service, supply of information or any other content, either with regard to a specific user or in general, in particular when notified by any third party or administrative or judicial authority of any actual or potential breach of third party rights. Any potential breach should be notified to info@abiquo.com .
1.2 Registration
In order to receive certain services, access to certain areas of the site may require users to fill in a form with specified data – fields marked with an asterisk being obligatory. If this data is not completed, the Company reserves the right not to provide the service in question. You guarantee that any data that is provided is complete and accurate, and will be responsible for any false or inaccurate data. Personal data collected by us will be processed in accordance with our Privacy Policy. If we issue you login credentials (including a password) you may not reveal them to anyone else. Login credentials are personal and non transferable. You may not use anyone else's login credentials.
You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach or risk of breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements
1.3 Intellectual and Industrial Property
Independently of any free or open source software or content license that may apply to any works available on or via this site, and except for works that are in the public domain, all the elements of this website are covered by intellectual or industrial property rights. The rights in content, source code, form, design and name of the products, applications, tools, pages, brands, commercial names, logotypes, images, sounds and graphics, belong to, or have been granted to or are the object of a license in the name of, the Company.
Unless otherwise indicated on the specified web page (e.g. by free or open source or open content license), you may not reproduce, transform, publically communicate or distribute in any manner or form of the contents accessible via this website without the prior written consent of the Company. You may, view, print and/or download one copy of the materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. You may not use such contents on any other web site or networked computer environment or for any other purpose and such unauthorized use may violate copyright, trademark and other similar laws.
Some of the materials available on this site may be accompanied by their own licenses or terms of use, including without limitation free software or content licenses. With respect to your rights in and obligations regarding such materials, and to the extent there is a conflict, those licenses or terms of use take precedence over these terms, and you agree to be bound accordingly.
Copyright Infringement. We are committed to respecting others' intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our website, please contact us at info@abiquo.com .
1.4 User Generated Content
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on our website ("your Content"). You certify that you own all intellectual and industrial property rights in your Content. Such communications are considered non-confidential and non-proprietary. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, publicly communicate and distribute your Content and subsequent versions of your Content for the purposes of (i) displaying your Content on our website, (ii) distributing your Content, either electronically or via other media, to you. Abiquo will not have any liability or responsibility for the content of any communications that you post to the website, or for any errors or violations of any laws or regulations by you.
1.5 Monitoring
Although we are not obliged to do so, we reserve the right to review your communications on this web site to determine whether you comply with these terms. To the extent permitted by applicable law, Abiquo will comply with any court order in disclosing the identity of any person posting communications on this web site. It is advisable that you review our Privacy Statement before posting any such communications. Please note that when you conduct transactions with other companies providing content via this web site, you will also be subject to their privacy policies..
1.6 Linking to and from Other Sites
This website offers access to certain third party sites. Access and use by you of each of these sites or portals are governed by their own rules, which are shown in the "legal notice" to which there is a link at the foot of the various home pages. This also applies to any website to which a link from this website may lead. If you decide to access any of the third party sites linked to the website, you do this entirely at your own discretion and risk. Abiquo disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked site.
Any website that wishes to link to these pages should not reproduce any of these pages. You may not in-line or frame any of the content of this website, or create any other form of link that may infringe our rights, including rights under fair competition, trespass, illegal publicity, intellectual or industrial property rights, commercial reputation and honour. Likewise, persons linking to this website should abstain from using any distinctive signs, commercial names, headers, information or any other content of the website, except the indication that it forms part of the link itself and does not infringe any law or contract. In no case whatsoever will it be understood or stated that the Company has authorized, intervenes, assumes, participates or has supervised in any way the content of the page showing the hyperlink, or even that it consents to its inclusion, unless by express authorization.
1.7 Trademark information
“Abiquo” is a distinctive sign of Abiquo and is either a registered trademark or trademarks of Abiquo and its affiliated companies in the United States, Spain and other countries. The names of other companies and products mentioned herein may be the trademarks of their respective owners.
You have no right to use any such trademarks, and nothing contained in this web site or these terms grants any right to use (by implication, waiver, estoppel or otherwise) any trademarks without the prior written permission of Abiquo or the respective owner. The foregoing includes the use of metatags, keywords or similar references, including use in search engines and the services you may offer.
1.8 Advertising
Part of the website may contain advertising material or be sponsored. Advertisers and sponsors are solely responsible for ensuring that the material sent to be included on the web site complies with applicable legislation. Abiquo accepts no responsibility for any error, inaccuracy or irregularity that may be contained in advertising material, or that may be committed by the sponsors. Any claim relating to advertising content contained on this web site may be sent to the following e-mail addresses info@abiquo.com .
Our Privacy Policy is part of these terms and conditions and is set out on this web site. You agree to comply with terms of our Privacy Policy and all applicable laws and regulations with respect to any use by you of any personal information in connection with this website.
Notwithstanding anything to the contrary, if you choose to participate in an open source or community process on this site - whether by contributing code, participating in mailing lists, signing a contributor agreement or sending an e-mail - your participation is public and your privacy cannot be protected to the extent that you publish personal information such as your e-mail address, username or full name. To the extent that you contribute code, information, articles or other material to this site containing personal information, Abiquo cannot protect the privacy of such personal information and such material may be provided to others under these terms, a corresponding contributor agreement and/or applicable licenses.
We do not guarantee to you the availability, access or continuity of connection to this website or the supply of information or of any of the various services offered through it. As a result, you will not hold us liable in the event of interruptions in the service, delays, malfunctions and, in general, any inconvenience whose origin lies in causes beyond the control of Abiquo, or from a fraudulent or criminal action on the part of you, or force majeure.
Neither do we guarantee the use, procurement of results or infallibility of the contents provided over the website which, in all cases, are of an orientative and informative nature. This information was obtained from sources deemed to be reasonably reliable but should not be deemed infallible, and should be compared with other sources prior to you forming an opinion or making a decision. This is so specifically taking into account the fact that the Company does not control, supervise nor makes itself responsible for third party content, including dynamic content which may change over time, linked to from this site. All opinions, measures, downloads or actions of any nature adopted by you will be exclusively at your own account and risk.
IN NO EVENT SHALL ABIQUO OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF ABIQUO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Abiquo will only be liable for loss or damages incurred by you as a consequence of accessing the website, acquiring products or services, or using the contents or tools when such damages are attributed to wilful misconduct on the part of Abiquo.
Abiquo assumes no responsibility for accuracy, correctness, timeliness, or content of the contents provided on this web site. You should not assume that the contents on this web site are continuously updated or otherwise contain current information. Abiquo is not responsible for supplying content or materials from the web site that have expired or have been removed.
Without prejudice to the generality of the foregoing, Abiquo does not assume any liability arising
THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED "AS IS" AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED...
You shall hold Abiquo harmless in the event of damages caused to third-parties as a result of your rightful or wrongful use of the products, services, contents or tools available on the website.
5.1 Abiquo Obligations
In relation to the offering of any product or service that may be acquired via the website, the Company undertakes to:
If any of this information is missing or confusing, please contact us at info@abiquo.com .
5.2 User Obligations
You undertake to:
5.3 Prices
The prices and tariffs corresponding to any purchase of products and services will be those that appear in this website at the moment that you access the product or service and commence the purchase process. Similarly, the conditions concerning any shipping costs and taxes will those specified on the corresponding web page. Should the product or service contracted by you need to be physically delivered, shipping costs may vary according to the geographical location of delivery and will be met by you.
The Company reserves the right to modify tariffs and price lists published on its website should it see fit. In any event, any such changes will not apply to products and services contracted prior to the modification, with the exception of concepts related to the renewal of products and/or services.
Methods of payment for the services will be as specified in the corresponding conditions at the time you are contracted and will always be available to you prior to their being contracted. The Company reserves the right to cancel the services contracted by you in the event that the latter does not respect the methods of payment stipulated, or does not pay for the products and/or services.
5.4 Taxes
Prices set out in the website indicate sales tax (or equivalent, such as VAT), when applicable.
5.5 Refunds and Cancellations
If you are not satisfied with any product or the terms of any entitlement to services you have purchased from us, you may return the product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 14 Calendar Days of delivery of the Product or entering into the contract for the purchase of Services. Please contact sales@abiquo.com for these purposes.
You may not return a Product and claim a refund if the Product concerned software which is successfully downloaded from our site or supplied to you sealed and unused and you have broken the seal. You may not obtain a refund for a Service if you have commenced use of the Service.
5.5. Warranty and Disclaimer
Services will be provided diligently with the reasonable skill and care in accordance with Abiquo’s support levels. Products will conform substantially to their stated specifications.
EXCEPT AS OTHERWISE STATED, ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, NON INFRINGEMENT OR TITLE ARE DISCLAIMED AND EXCLUDED.
The Company uses technology on its website to guarantee the protection of information. The Company guarantees that the contracting of products and services will be carried out in a secure environment. A secure environment is indicated by a padlock symbol in the browser status bar or the letter “s” after http in the address field of the browser. Further information on the use of cookies is set out in our Privacy Policy on this website.
The laws of the State of Delaware govern these Terms and Conditions. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware.
Copyright ©2010, Abiquo Inc. All rights reserved. Version 1.0 – 23 March 2010