(Updated: May 11, 2020)
1. Acceptance of the Terms and Conditions
1.1 PSafe Tecnologia SA and its affiliates (hereinafter referred to as the “Company”, “we”, “us” or “our”) provides and makes available this website http://enteprise.psafe.com (together with its subdomains, Content and Trademarks, the “Website”), whose use is subject to the present terms and conditions of use ( “Terms”). Please read these Terms carefully. By accessing, browsing or otherwise using the Website, you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not accept these Terms, you may not access, browse or use the Website.
2. Use of the Website
2.1 The content of this Website, including but not limited to software, text, graphics, and images, including that from third parties, (“Content”) is protected by national and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyrights, trademarks and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content in any copy you make of the Content. You may not sell, transfer, assign, license, sublicense or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or publication of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any of these Terms, your right to access and/or use the Content and the Website will be automatically terminated and you must immediately destroy any copies you have made of the Content.
2.2 The Company’s Trademarks used and displayed on this Website are registered and unregistered trademarks or service marks of the Company. Other company names, products and services found on the Website may be trademarks or service marks owned by third parties. Nothing on this Website or these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or service mark displayed on this Website without the prior written consent of the Company or the responsible third party, as applicable, specific to each such use. The Trademarks or service marks may not be used to disparage the Company or the applicable third party, the products or services of the Company or the applicable third party, or in any way (using commercially reasonable judgment) that may damage the goodwill in the Trademarks or service marks. Use of any Trademarks or service marks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark or service mark shall inure to the Company’s benefit.
2.3 You agree not to: (a) take any action that imposes an unreasonable load on the Website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Website or any activity that is being conducted on the Website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website, (d) delete or alter any material published on the Website by the Company or any other person or entity, or (e) frame or to link to any of the materials or information available on the Website.
2.4 The Website may contain links to third party websites (the “External Websites”). These links are provided only as a convenience to you and not as an endorsement by us of the content on such External Websites. The content of the External Websites is developed and provided by others. You should contact the administrator or webmaster for those External Websites if you have any concerns about such links or any content located on such External Websites. We are not responsible for the content of any linked External Websites and we make no representations about the content or accuracy of any materials on such External Websites. You should take precautions when downloading files all websites to protect your computer against viruses and other destructive programs. If you decide to access any External Websites, you do so at your own risk.
2.5 Certain elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws, and may not be copied or imitated in whole or in part, by any means, except as expressly permitted by Section 2.1 of these Terms. No content on this Website may be retransmitted without the Company’s express written consent in each instance.
3. Limitation of Liability and Disclaimer of Warranties
3.1 The Company, its affiliates, their respective officers, directors, employees, agents, suppliers or licensors (collectively, the “Company Parties”) make no warranties or representations about the Content, including, but not be limited to its accuracy, reliability, completeness, timeliness or reliability. The Company Parties will not be subject to liability for the truth, accuracy, or completeness of Content or any other information transmitted to the user or for errors, mistakes, or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.
The Company Parties do not warrant that the Website will operate error free or that the Website, its server, or the Content are free of computer viruses or similar contamination or destructive features. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
The Website and the Content are provided of on an “as is” and “as available” basis without any warranties of any kind. The Company Parties disclaim all warranties, including, but not be limited to, the warranties of title, merchantability, non-infringement of third-party rights, and fitness for particular purpose.
3.2 In no event shall any Company Party be responsible for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and/or the Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such Company Party has been informed of the possibility of such damages.
3.3 Some States do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in such States, some of the above limitations may not apply to you or be enforceable with respect to you, and the liability of the Company Parties shall be limited to the greatest extent permitted by law. If any portion of these sections is held to be invalid under the laws of a certain State, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
You agree to defend, indemnify and hold harmless the Company Parties from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Content or Website. The Company shall provide notice to you of any claim, suit, or proceeding. The Company reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests to assist the Company’s defense of such matter.
5. Termination of the Terms
5.1 The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Website or Content at any time and for any reason, without prior notice or liability. The Company also reserves the right to change, suspend or discontinue all or any part of the Website or the Content at any time without notice or liability.
6. User Must Comply with Applicable Laws
6.1 With respect to your access and use of the Website or Content, you are the only one responsible for ensuring the compliance with the laws of your specific jurisdiction.
6.2 The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any Content to countries or persons prohibited by export control laws of the United States or your country (as applicable). By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for complying with the laws of your specific jurisdiction regarding the import, export or re-export of the Content.
7. U.S. Government Restricted Rights
The Content is provided with “RESTRICTED RIGHTS”. Use, duplication or disclosure by the United States Government is subject to the restrictions contained in 48 CFR § 52.227-19 and 48 CFR § 252.227-7013 et seq. or its successor. The use of the Website or Content by the U.S. Government constitutes acknowledgement of our proprietary rights in the Website and Content.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. The Company’s failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms.
No waiver shall be effective against the Company unless made in writing, and no such waiver shall be interpreted as a waiver in any other circumstance or subsequent instance. Except as expressly agreed by the Company and you, these Terms constitute the entire agreement between you and the Company with respect to the Website, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the Website.
These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Any information sent or provided by you to the Website might be publicly accessible. Important and private information should be protected by you. The Company is not responsible for protecting the privacy of electronic mail or other information transferred over the Internet or any other network that you may use.