Relevant Definitions The following definitions apply: “Services” means all publications, products, technical support and product info contained on this Website; “Content” means all information, data, text, messages or other materials provided by us directly or from a Third-Party Provider; “Third-Party Provider” means our respective manufacturers, authors, developers and vendors; “User Content” means any comments, ideas, suggestions or other information regarding suggestion for new or improved software products, technologies, marketing, product names, data, articles, documents, forum threads, blog entries, computer code or other information posted on the Website or provided to or through the Services; “User” means any person (either acting personally or on behalf of their employer) who visits or uses the Website, Forums or Service and/or posts User Content.
Customer Obligations By using this Website and any of the Forums or other Services provided on the Website, you undertake not to: post or store any content which violates or infringes any third party intellectual property rights, or which is unlawful, obscene or otherwise objectionable; use the Content, User Content or the Services to construct any type of database or use any other data mining or similar data gathering methods; access or attempt to access the Services by any other means than the interface we provide or circumvent any access or use restrictions in place; attempt to disable or impair the Services, or disrupt any other User from using the Services; use the Website and Services to spam or transmit unsolicited communications; impersonate any person or entity or misrepresent yourself or your affiliation with any person or entity; use the Services or Website to develop hidden pages or images or manipulate identifiers to disguise the origin of any Content; collect or store personal data from other Users; copy, modify, host, stream, sublicense, or resell the Services in any manner; place advertisement of any products or services unless otherwise permitted by us; intentionally or unintentionally violate any applicable law or regulations; or use the Website, Services, Content or User Content to compete with us in any way. Any violation of the above or of any of the Terms may result in the immediate termination and deletion of your User Content, and we reserve the right to: block, alter, delete unsolicited email; remove User Content that contains third-party commercial advertisement, is inaccurate or includes unauthorised disclosure of personal information; and edit or remove any User Content we determine to be unlawful, offensive, or otherwise in violation of these Terms.
Copyright / User Content / Intellectual Property Please do not upload or share User Content unless you agree to these Terms and own the intellectual property rights to your User Content. Nothing on this Website should be construed as conferring any licenses to use any of our or any Third-Party Provider’s intellectual property rights. You acknowledge that Third-Party Provider’s content or User Content has not been independently authenticated by us and we do not provide, sell, license, or lease any of the Third Party or User Content. By submitting User Content to the Website, you grant us and all other Users a worldwide, no-charge, royalty-free, perpetual, non-exclusive and irrevocable license to use the User Content and any derivate works created from the User Content in any manner, whether commercial or not, including in our current and future products, without having to give any credit or compensation to you. In order to grant the above rights and licenses to us and other Users, you represent and warrant that you either own or have all intellectual property rights to the User Content you upload or share and that your User Content does not infringe any intellectual property rights of others. We have no obligation of any kind in respect to any User Content and do not control the User Content created, provided or uploaded to the Website. We assume no liability or responsibility over the sharing of User Content among our Users and are not obliged to remove the User Content. We do however,reserve the right to remove any User Content at any time at our sole discretion for any reason.
Disclaimer of Warranties You understand that all User Consent, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such User Content originated. You are entirely responsible for all User Content that you upload, post or otherwise transmit via the Services. We do not control the User Content posted via the Services or Forums made available on the Website and, therefore, do not guarantee, warrant and disclaim any liability for, the accuracy, completeness, integrity or quality of the User Content, Content or information on the Website. You assume all risks concerning the suitability and accuracy of the User Content on the Website and any publications. The Website and publications may contain technical inaccuracies or typographical errors. We and our Third-Party Providers assume no responsibility for, and disclaim all liability, for any such inaccuracies, errors or omissions on the Website, Content, User Content and publications and in any other referenced or linked documents. YOUR USE OF THE FORUMS AND WEBSITE IS AT YOUR SOLE RISK. THE FORUMS, WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Any Content or User Content downloaded or obtained through the use of the Services or Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result including any damages resulting from computer viruses. No advice or information, whether oral or written, obtained by you from us or through or from the Website, Services, Content or User Content will create any warranty or condition.
Liability and Indemnity TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, CYNCLY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF CYNCLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SERVICES AND/OR WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, SOFTWARE, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES OR WEBSITE; (iii) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSMISSIONS, DATA OR ACCOUNT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR SERVICES, INCLUDING CONTENT OR USER CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST CYNCLY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT OR SERVICES. YOU AGREE TO HOLD US HARMLESS FROM, AND YOU COVENANT NOT TO SUE CYNCLY FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS 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 CONTENT, WEBSITE, USER CONTENT, ANY OTHER INFORMATION OR THE SERVICES INCLUDING ANY USE BY YOUR EMPLOYEES, YOUR CONNECTION TO THE SERVICES, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
Third-Party Providers and their Content All Content, except User Content, provided on this Website is provided by us or our Third-Party Providers and is our or our Third-Party Provider’s copyrighted work. The Website contains links to third-party sites for your convenience. These third-party sites are not under our control, and we are not responsible for the content of any of the linked sites. If you access a third-party site from our Website, you do so at your own risk. Inclusion of the third-party link does not imply that we endorse or accept any responsibility for the content or availability of the third-party site. We are further not responsible for any loss or damage you may suffer caused by or in connection with your use of or reliance on such third-party sites.
Miscellaneous International application The Website, Content, User Content and Services are distributed internationally and may contain references to our products that have not been announced in your country. These references do not imply that we intend to announce such products or services in your country.
Assignment You may not assign any rights or obligations under these Terms without our prior written consent.
Governing Law To the extent permitted by applicable law, the laws of England and Wales govern any action related to these Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. All proceedings arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of England.
Amendments We and the Third-Party Providers may make improvements and/or changes to the Website, Content, Services or products and prices described on the Website from time to time. The amendments to the Terms will be affected by posting the amended terms to the Website.
Waiver and Severability Our failure to exercise or enforce any right or provision of the Terms does not constitute a waiver of that right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in these Terms, and the other provisions of the Terms shall remain in full force and effect.
Whole Agreement These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications and govern your use of the Services and Website superseding any prior agreements between us (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use our other services.