Avangate.com - Terms & Conditions

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Acceptance of terms

Last update: February, 2008

Welcome to www.avangate.com. ("Avangate") 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 Avangate 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 Avangate 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, constituting the entire agreement between you and Avangate.

Avangate 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. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms.

If any of these terms of use/conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Area of use

The Terms of Use are valid and apply to all the Web Sites in the avangate.com domains, sites for which Avangate is the author/owner/administrator. All these Web sites will be further called individually or collectively Site or Sites. These terms apply to purchases of software and digital content ("products") sold to any person or entity ("You") through this website by Avangate

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Author rigths

Avangate is the author of the Sites and has all the right and privileges pertaining to. Without additional information povided, all the Materials including documents, communications, files, text, graphics, software, pictures, designs, icons, audio/video clips are the property of Avangate or are licensed to be used by Avangate.

License of use

Avangate grants you a limited license to use/visit the Site, without the rigth to modify it. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Avangate. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Avangate and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Avangate's name or trademarks without the express written consent of Avangate.

Any unauthorized use terminates the permission or license granted by Avangate. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Avangate, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Avangate logo or other proprietary graphic or trademark as part of the link without express written permission.

Trade Marks

Avangate is a trade mark and it is owned by GECAD ePayment International S.R.L., legal owner of Avangate The domain avangate.com is owned and operated by Avangate Usage of the trade mark, of the domain, or of the name Avangate without Avangate prior written consent is prohibited and will be punished according with the Law. Failure to comply will automatically terminate any of the licenses granted as above.

Disclaimer of Warranties and Limitation of Liability

This site is provided by Avangate on an "as is" and "as available" basis. Avangate makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, Avangate disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Avangate does not warrant that this site, its servers, or email sent from avangate are free of viruses or other harmful components. Avangate will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain countries/state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

The product/services described in the Site do not represent an offer or a quote, being presented only for your information. To receive a quote from Avangate, please acces the corresponding Site section and apply for a quote. Avangate reserves the right not to answer your request.

Security. Your account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

If you believe that the confidentiality of your account and/or your password has been compromised you are responsible to notify Avangate as quick as possible in order that a new set of credentials to be generated for you.
Performing un-authorized operations on this Site, or tentatively performing the un-authorised operations, including but not limited to: abbusive usage, fraudulent usage, un-authorised access, modify/copy of the Materials, denial of service will be punished according with the Law.

Reviews, Comments, Communications, and Other content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Avangate reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Avangate and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Avangate and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Avangate or its affiliates for all claims resulting from content you supply. Avangate has the right but not the obligation to monitor and edit or remove any activity or content. Avangate takes no responsibility and assumes no liability for any content posted by you or any third party.

Minors

Avangate does not sell products and/or services to minors. Avangate might sell or process payments for produsct/services targeted to minors but purchased by an adult. If you are a minor and you vist our Sites you may do it only under your parent or your legal guardian supervision.

Other Businesses

Parties other than Avangate and its subsidiaries operate stores, provide services, or sell product lines using Services of the Sites. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Avangate does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Copyright Complaints

Avangate and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement presented below:

Notice and Procedure for Making Claims of Copyright Infringement

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Privacy Policy

Please visit and review our Privacy Policy, which also governs your visit to the Site, to understand our practices.

Applicable Law

All and any disputes arisen out of or in connection with our contract will be settled first amiably in maximum 30 days from starting. If the amiable negotiations fail any such disputes shall be settled by the law and the courts from the territorial jurisdiction of Avangate office, as the case may be.