Legal informations

(Luxconnect S.A. Luxembourg)
Last Updated: April 4th, 2008

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEB SITE

WELCOME

This site is owned and operated by Luxconnect S.A. These terms of service (the "Terms of Service" or "TOS") apply to and govern your, and any authorized user of your account, use of this site. Your use of the Site signifies your agreement to be bound by these Terms of Service.

LICENSE TO USE THE SITE

Luxconnect S.A. grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.

CHANGES TO SITE AND/OR TERMS AND CONDITIONS OF SERVICE

Luxconnect S.A. reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site or this TOS, in whole or in part, at any time. Changes to this TOS will be effective when shown on this site. You agree to review this TOS periodically to be aware of any changes. Your continued use of the Site after any changes to this TOS are posted will be considered acceptance of those changes.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

All trademarks, service marks, and trade names are proprietary to Luxconnect S.A., their customers, affiliates, partners and/or their respective owners. Except as otherwise provided herein, you may not reproduce, perform, create derivative works from, republish, upload, edit, post, transmit, or distribute in any way whatsoever, any materials from this Site or any other web site owned or operated by Luxconnect S.A. (the "Site Materials") without the prior written permission of Luxconnect S.A. However, you may download or make one copy of the Site Materials, and other downloadable items displayed on the Site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Site Materials are left intact. Any modification of the Site Materials, or any portion thereof, or use of the Site Materials for any other purpose constitutes an infringement of Luxconnect S.A.'s copyrights and other proprietary rights. Use of the Site Materials on any other web site or other networked computer environment is prohibited without prior written permission from Luxconnect S.A.

ADDITIONAL CONTENT

From time to time, and at its sole discretion, Luxconnect S.A. may make available to users certain additional software, links, documents or any other data (additional content) that may be downloaded from this Site. In the event you download this content from this Site, the content, including any files, images incorporated in or generated by the content, and data accompanying the content (collectively, the "Content") are licensed to you by Luxconnect S.A. Luxconnect S.A. does not transfer title to the Content to you. You own the medium on which the Content is recorded, but Luxconnect S.A. retains full and complete title to the Content, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Content to a human-perceivable form.

UNSOLICITED SUBMISSIONS

Luxconnect S.A. is pleased to hear from its customers and visitors and welcomes your comments regarding Luxconnect S.A. services, including Luxconnect S.A.'s online services. Unfortunately, however, Luxconnect S.A.'s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Luxconnect S.A.'s professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials or ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials. If, at our request, you send or post certain specific submissions (e.g., via a message boards or contests) or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Luxconnect S.A. None of the Submissions shall be subject to any obligation of confidence on the part of Luxconnect S.A., and Luxconnect S.A. shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Luxconnect S.A. shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

LINKED SITES

Luxconnect S.A. is not necessarily affiliated with sites which may be linked to or from the Site (the "Linked Sites") and is not responsible for their content. Links from the Site to the Linked Sites are for your convenience only and you access them at your own risk.

NO RESALE / EXPLOITATION

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.

JURISDICTIONAL ISSUES

The Site is controlled and operated by Luxconnect S.A. from its offices within the Grand Duchy of Luxembourg. Luxconnect S.A. makes no representation that materials in the Site are appropriate or available for use in other locations. Software from this Site is further subject to GDL export controls.

TERMINATION

You understand and agree that Luxconnect S.A. may, in its sole discretion and at any time, terminate your password, account or usage of this site or any other Luxconnect S.A. site, and discard and remove any Content posted or submitted by for any reason. Luxconnect S.A. may also, in its sole discretion and at any time, discontinue any Service or limit or restrict any users access thereto, for any reason. You understand and agree that Luxconnect S.A. may take any one or more of these actions without prior notice to you. Should Luxconnect S.A. take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your Account, including your Registration Information and submitted Content. You understand and agree that Luxconnect S.A. shall not have any liability to you or any other person for any termination or removal of information concerning your Access.

DISCLAIMER

THE SITE, THE SITE MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUXCONNECT S.A. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUXCONNECT S.A. DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, SITE MATERIALS SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. LUXCONNECT S.A. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE MATERIALS, THE FORUMS OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LUXCONNECT S.A.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LUXCONNECT S.A. BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE MATERIALS, OR THE SOFTWARE, EVEN IF LUXCONNECT S.A. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LUXCONNECT S.A.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

COPYRIGHT NOTICE

If you believe that any Content appearing on the Site has been copied in a way that constitutes copyright infringement, please forward the following information to Luxconnect S.A.:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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.

OTHER

This TOS shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Courts of GDL and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.