1. PREAMBLE

This web site is operated by AMARIS, a company registered in Austria under the company number FN 177463a and having its registered office at Handelskai 92 Gate 2 D2, 1200 Wien.

Any user of the Company’s web site accepts unreservedly, by using the site, the Terms of Use for its use that are set out here. These terms include the legal jurisdiction within which any legal issues arising from the operation of the site may be addressed. Any person who does not wish to accept these terms and conditions or who knows, or ought to know, of any reason why these Terms of Use might not be capable of applying to their purposes, is not authorized to use this site. These terms apply to each and every visit that a user may make to this site.

AMARIS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It the responsibility of the user to check these Terms of Use periodically for changes. The continued use of the Site following the posting of changes will mean that the changes are accepted and agreed. As long as the user complies with these Terms of Use, AMARIS grants a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

2. ADVICE

The contents of this website do not constitute any advice and should not be relied upon in making or refraining from making any decision.

 

3. COPYRIGHT

All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to AMARIS or otherwise used by AMARIS as permitted by law.

In accessing the Website the user agree that he will access the content solely for his personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

 

4. PRIVACY

Personal Information. In the course of using the Service, AMARIS may collect personal information that can be used to contact or identify the User (“Personal Information”). Personal Information is or may be used: (i) to provide and improve AMARIS’ Service, (ii) to administer the use of the Service, (iii) to better understand the needs and interests of users, (iv) to personalize and improve user’s experience, and (v) to provide or offer software updates and product announcements.

 

5. ANALYTICS

AMARIS may also collect some information (himself or through third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information. AMARIS uses this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase his Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.

 

6. ACCEPTABLE USE

The user must not use AMARIS’ website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

The user must not use AMARIS. website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

The user must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to AMARIS’ website without AMARIS express written consent.

 

7. RESTRICTED ACCESS

Access to certain areas of AMARIS’ website is restricted. AMARIS reserves the right to restrict access to other areas of AMARIS’ website, or indeed our whole website, at AMARIS’ discretion.

If [AMARIS provide the user with / the user generates] a user ID and password to enable the user to access restricted areas of AMARIS website or other content or services, the user must ensure that the password is kept confidential.

The user must notify AMARIS in writing immediately if he becomes aware of any unauthorized use of his account or password.

The user is responsible for any activity on AMARIS website arising out of any failure to keep his password confidential and may be held liable for any losses arising out of such a failure.

The user must not use any other person's user ID and password to access AMARIS website.

 

8. BREACH OF THE TERMS OF USE

If AMARIS becomes aware of a misuse of the Service or any violation of these Terms, it may in its sole discretion:

1. inform involved users;
2. request a response from involved users;
3. block the data concerned;
4. delete the data concerned;
5. block the responsible user;
6. block or delete involved groups;
7. terminate Service to the responsible user without notice;
8. inform affected private parties and/or competent authorities;
9. release data to government authorities and/or private right holders;
10. take any suitable action to eliminate the misuse if applicable;
11. seek compensation for damages; or
12. take any other action AMARIS considers appropriate.

 

9. OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of services, all of which terms are made a part of these Terms of Use by this reference. The user agrees to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms applicable to any service offered on or through the Site, the latter terms shall control with respect to the use of the specific service.

AMARIS obligations with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

AMARIS may make changes to any services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.

The following terms also govern and apply to the use of the Site, and they are incorporated herein by this reference:

• Terms and Conditions
• Data Protection Statement
• Data Protection Statement

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

 

10. DISCLAIMER OF WARRANTY

Customer acknowledges the inherent risks involved in online data storage, including without limitation the risk of destruction or loss of data. AMARIS PROVIDES ALL SERVICES “AS IS” AND WITH ALL FAULTS. THE ENTIRE RISK ASSOCIATED WITH THE SERVICES IS ASSUMED BY CUSTOMER. AMARIS EXTENDS NO WARRANTIES TO CUSTOMER OR TO ANY OTHER PERSON, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY THAT THE SERVICES ARE OF ANY PARTICULAR QUALITY.

The Service may contain links to other websites and services. AMARIS has no influence on the contents of these linked pages, dissociates itself herewith explicitly from all such contents, and makes no warranty whatsoever with respect to such links, websites, or services.

 

11. LIMITATION OF LIABILITY

IN NO EVENT WILL AMARIS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY LEGAL THEORY (INCLUDING FOR THE CONDITION, EXISTENCE, OR LOSS OF DATA SENT TO AMARIS OR THE DATA AMARIS RECOVERS) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS ON THE LEGAL THEORY ON WHICH THE CLAIM IS ASSERTED (INCLUDING, WITHOUT LIMITATION, CONTRACT, BREACH OF CONTRACT, AND TORT). Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to the user.

AMARIS will not be liable to Customer or to any other person for failure to perform or any delay in the performance of the Service due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labor disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond AMARIS’ reasonable control.

Customer agrees that the sole and exclusive remedy for unsatisfactory services shall be termination of the Service and a refund of any amount actually paid by Customer for the then current service term. AMARIS’ LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY NEGLIGENCE ON ITS PART, SHALL BE LIMITED TO THE AMOUNT CUSTOMER HAS PAID AMARIS FOR THE SERVICES FOR THE THEN CURRENT TERM OF SERVICE.

 

12. INDEMNIFICATION

CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS AMARIS AND ITS EMPLOYEES, AFFILIATES, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, SUITS, ACTIONS, DEMANDS, PROCEEDINGS (WHETHER LEGAL OR ADMINISTRATIVE), AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO (A) ANY BREACH OF THIS AGREEMENT BY CUSTOMER; (B) ANY USE OF THE SERVICE BY CUSTOMER; OR (C) ANY CLAIMS FOR INFRINGEMENT OF ANY THIRD PARTY RIGHTS ARISING FROM OR RELATED TO CUSTOMER’S DATA.

 

13. EXCLUSION OF THIRD PARTY RIGHTS

These terms of use are for the benefit of the user and AMARIS, and are not intended to benefit any third party or be enforceable by any third party. The exercise of AMARIS and the user‘s rights in relation to these terms of use is not subject to the consent of any third party.

 

14. SEVERABILITY

If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

 

15. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between the user and us in relation to the use of AMARIS website and supersede all previous agreements in respect of the use of AMARIS website.

 

16. LAW AND JURISDICTION

These terms of use will be governed by and construed in accordance with Austria law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of Wien.