Terms of Use
Acceptance of terms
JDC Software ("JDC") makes this Web site (the "Site"), including all
information, documents, communications, files, text, graphics, software,
and products available through the Site (collectively, the "Materials")
and all services operated by JDC and third parties through the Site
(collectively, the "Services"), available for your use subject to the
terms and conditions set forth in this document and any changes to this
document that JDC may publish from time to time (collectively, the
"Terms of Use").
By accessing or using
this Site in any way, including, without limitation, use of any of the
Services, downloading of any Materials, or merely browsing the Site, you
agree to and are bound by the Terms of Use.
JDC reserves the right to change the Terms of Use and other guidelines
or rules posted on the Site from time to time at its sole discretion,
and will provide notice of material changes on the home page of the
Site. Your continued use of the Site, or any Materials or Services
accessible through it, after such notice has been posted constitutes
your acceptance of the changes. Your use of the Site will be subject to
the most current version of the Terms of Use, rules, and guidelines
posted on the Site at the time of such use. A breach of any of the Terms
of Use automatically terminates authorization to use this Site, and any
Materials downloaded or printed from the Site in violation of the Terms
of Use must be immediately destroyed.
Site contents
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other
materials that appear as part of this Site (collectively, the
"Contents") are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed by JDC Ltd.
collectively, and its subsidiaries and/or affiliates ("JDC"). The Site
as a whole is protected by copyright and trade dress, all worldwide
rights, titles and interests in and to which are owned by JDC.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this
Site are the property of JDC or other third parties. You are not
permitted to use the Marks without the prior written consent of JDC or
such third party that may own the Marks. "That's Rights!" is a trademark
of JDC Ltd.
Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection
and arrangement, are protected by copyright, trademark, patent, and/or
other intellectual property laws, and any unauthorized use of the
Materials or Services at this Site may violate such laws and the Terms
of Use. Except as expressly provided herein, JDC and its suppliers do
not grant any express or implied rights to use the Materials and
Services. You agree not to copy, republish, frame, download, transmit,
modify, rent, lease, loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create derivative works based on the
Site, its Materials, or its Services or their selection and arrangement,
except as expressly authorized herein. In addition, you agree not to use
any data mining, robots, or similar data gathering and extraction
methods in connection with the Site.
Use of Services. When using Services on this Site that are
offered by JDC, you shall be subject to any posted guidelines, rules, or
licenses applicable to such Services and to the Terms of Use. Such
guidelines, rules, or licenses may contain terms and conditions in
addition to those in the Terms of Use.
Use of software. The software and accompanying documentation that
is made available to download from this Site is the copyrighted work of
JDC and/or its suppliers. Use of the software is governed by the terms
of the license agreement that accompanies or is included with such
software. You will not be able to download or install any software that
is accompanied by or includes a license agreement unless you agree to
the terms of such license agreement. If you do not agree to such terms,
you will not be able to use the software. Absent a license agreement
that accompanies the software, use of the software will be governed by
the Terms of Use. You agree that you will not decompile, reverse
engineer, or otherwise attempt to discover the source code of any
software available on the Site.
Use of Content. Except as indicated to the contrary elsewhere on
this Site, you may view, download, and print the Content available on
this Site subject to the following conditions:
-
The Content may be used
solely for personal, informational, and internal purposes.
-
The Content may not be
modified or altered in any way.
-
The Content on the Site
may not be distributed or sold, rented, leased, or licensed to
others.
-
You may not remove any
copyright or other proprietary notices contained in the Content.
-
JDC reserves the right
to revoke the authorization to view, download, and print the Content
available on this Site at any time, and any such use shall be
discontinued immediately upon notice from JDC.
The rights specified above
to view, download, and print the Content available on this Site are not
applicable to the design or layout of this Site.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this
Site are the property of JDC or other third parties. You are not
permitted to use the Marks without the prior written consent of JDC or
such third party that may own the Marks. "That's Rights!" is a trademark
of JDC Ltd.
User conduct
In using the Site, including all Services and Materials available
through it, you agree:
-
not to upload, post, or
otherwise transmit through the Site any viruses or other harmful,
disruptive, or destructive files;
-
not to disrupt or
interfere with the security of, or otherwise cause harm to, the
Site, or any Services, Materials, system resources, accounts,
passwords, servers, or networks connected to or accessible through
the Site or any affiliated or linked sites.
Use and protection of
account number and password
You are responsible for maintaining the confidentiality of your
account number, account name, and/or password, if applicable. You are
responsible for damages resulting from all uses of your account number,
account name, and/or password, whether actually or expressly authorized
by you, unless access to your account number, account name, and/or
password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND JDC OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH
PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES
ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, JDC MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS
WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR
MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED
THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR
MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. JDC MAY MAKE CHANGES TO THE MATERIALS AND SERVICES
AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT
THIS SITE MAY BE OUT OF DATE, AND JDC MAKES NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) JDC DOES NOT CONTROL, ENDORSE,
OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED
BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION,
THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE
SITE; (ii) JDC MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT
ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY
DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND
(iv) JDC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS,
OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS
THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH
ACTIVITIES. JDC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER
SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE
OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE
SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM JDC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE.
THE ABOVE LIMITATIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY MAY LAST. TO THE EXTENT PERMISSIBLE, ANY IMPLIED
WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International users
The Site is controlled, operated, and administered by JDC from its
offices within Great Britain. Access to the Site from territories where
the Site or any of its Services or Materials are illegal is prohibited.
If you access the Site from a location outside the United Kingdom, you
are responsible for compliance with all local laws.
Personal information and privacy
To learn about how JDC protects your personal information, such as
your name and address, refer to our Privacy Policy.
Except as set forth in the Privacy Policy or in the Terms of Use, your
personal information will be deemed to be confidential. You understand
and agree that we may disclose information about you if we have a good
faith belief that we are required to do so by law or legal process, to
respond to claims, or to protect the rights, property, or safety of JDC
or others, or as stated in our Privacy Policy.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL JDC,
ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT JDC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF
LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE
INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS
OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH
VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR
OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED
OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND
EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Governing law and jurisdiction
By accessing this Site, you and JDC agree that all matters relating
to your access to, or use of, this Site shall be governed by the
statutes and laws of England and Wales. Any dispute or claim concerning
or arising from this Site shall be determined in accordance with the law
of England and Wales and the courts of England and Wales shall have
exclusive jurisdiction in determining such disputes and claims.
Language
It is the express wish of the parties that the Terms of Use and all
related documents have been drawn up in English. C'est la volonté
expresse des parties que la présente convention ainsi que les documents
qui s'y rattachent soient rédigés en anglais.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers
posted on the Site constitute the entire agreement between JDC and you
with respect to your use of the Site. If for any reason a Court of
competent jurisdiction finds any provision of the Terms of Use, or
portion thereof, to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the
parties as reflected by that provision, and the remainder of the Terms
of Use shall continue in full force and effect. Any failure by JDC to
enforce or exercise any provision of the Terms of Use or related right
shall not constitute a waiver of that right or provision. The section
titles used in the Terms of Use are purely for convenience and carry
with them no legal or contractual effect.
|
