PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
ITSMART AG and its affiliates (“ITSMART”) provide access to a variety of technical and commercial resources (“Materials”) through this website (“Site”), subject to the following terms and conditions. Acronis reserves the right to revise these terms, conditions, and the Materials from time to time as Acronis sees fit, without any notice. Users who violate these terms and conditions will have their access cancelled and may be permanently banned from using the Site or any services provided by ITSMART. Users should check these terms and conditions periodically. By using the Site after we post changes to these terms and conditions, you agree to accept those changes, whether or not you have actually reviewed them.
Unless otherwise specified, the Materials are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Materials.
ITSMART use a technology called “cookies” to provide you with personalized information. A cookie is an element of data that our Site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. We will not store passwords or any personally identifying information in our cookies, nor will we read cookies created by other web sites. All pages on our Site where you are prompted to sign on or that are customizable require that you accept cookies. These cookies will let us know who you are and are necessary to access your account information (stored on our computers) in order to deliver products and personalized services. You may set your Web browser to notify you when you receive a cookie. However, should you decide not to accept cookies from us, you will limit the functionality we can provide when you visit our Site.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
This Site and all materials on the Site, including, but not limited to, trademarks, logos, designs, trade dress, and other designations used in connection with ITSMART’s products and services (the “Materials”) are the property of ITSMART and its licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by ITSMART and by copyright law, trademark law, international conventions, and other intellectual property laws. You may download or make a copy of the Materials provided you agree to comply with the ITSMART Trademark and Logo Usage Requirements. You may not remove or alter any ITSMART Trademarks, or co-brand your own products or material with ITSMART Trademarks, without ITSMART’s prior written consent. You acknowledge ITSMART’s rights in ITSMART Trademarks and agree that any use of ITSMART Trademarks by you shall inure to ITSMART’s sole benefit. You agree not to incorporate any ITSMART Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer software, computer or Internet-related products, services or technologies.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of ITSMART or such third party that may own the trademark or copyright of information displayed on this Site.
The ITSMART Site provides links to external sites as a convenience to the user. The inclusion of any link does not imply our endorsement of any other company, its site, or the products and services it sells. ITSMART is not responsible for the privacy practices or the content of any other Web site. In addition, it is not intended that ITSMART transmit your personal information to third parties, such as the vendors and suppliers of goods and services. ITSMART cannot control, and is not responsible for, the actions of third parties to whom your personal and commercial information may be transmitted. If any such third party misuses, misappropriates, or publishes your personal or commercial information, ITSMART is not responsible and does not accept any liability. If notified by you, as our sole obligation and your sole recourse, ITSMART will take reasonable commercial measures within our control to mitigate the problem and minimize the probability of its recurrence.
Please contact ITSMART for prior permission if you wish to create a hypertext link to any page on this Site. If you create a link to the Site, you remain fully responsible for any consequences of that link, whether direct or indirect, and you will protect ITSMARTs against all loss, damage, liability, costs, or expense arising from or in connection with the link.
INFORMATION SUBMITTED TO ITSMART
While ITSMART does not routinely monitor information, we reserve the right to monitor, restrict access to, edit, or remove any information that is available via the Site.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any content present on this Site infringes your copyright, you may request such content to be removed from this Site by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact ITSMART and provide the following information:
- A clear statement identifying the works or other materials believed to be infringed.
- A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
- Sufficient information about the location of the allegedly infringing materials so that ITSMART can find and verify its existence.
- Your name, telephone number and e–mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
The software and software documentation available for download from this Site are copyrighted works of ITSMART. The use of the software is governed by the terms and conditions of the end user license agreement, which accompanies the software. You may not use, download, or install the software unless you have agreed to the terms and conditions of the end user license agreement.
DISCLAIMERS AND INDEMNITY
By using the Site and/or posting Materials, you agree to indemnify ITSMART, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys’ fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defence of any claim. ITSMART reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. ITSMART DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ACRONIS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE.
ITSMART MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this site.
LIMITATION OF LIABILITY
NEITHER ITSMART, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF ITSMART (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ACRONIS’S TOTAL LIABILITY (OR THE TOTAL LIABILITY OF ANY THIRD PARTY PROVIDING INFORMATION ON THIS SITE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
ITSMART may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any message boards on the Site, for any reason, including without limitation, breach of this Agreement. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this Agreement will survive termination. In the event that you are unsatisfied with the services provided by ITSMART, your sole remedy is to terminate this Agreement.
GOVERNING LAW AND JURISDICTION
ITSMART operates the Site from its offices within Germany. ITSMART makes no representations that content and materials on the Site are legal or appropriate for use from outside Germany. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions, or other communications sent to the Site shall be and remain the exclusive property of ITSMART, and we may use all such communications in any manner, including reproducing, disclosing, and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of this Agreement, please contact us.