1. ACCEPTANCE OF TERMS
Welcome. 12manage B.V. (12manage) provides its service to you, subject to
the following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time at: https://www.12manage.com/terms.htm. In addition, when
using particular 12manage services, you and 12manage shall be subject to any
posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules (including but not limited
to our Spam Policy) are hereby incorporated by reference into the TOS. 12manage
may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
12manage currently provides users with access to a rich collection of resources
through its network of properties (the "Service"). You understand and
agree that the Service may include advertisements and that these advertisements
are necessary for 12manage to provide the Service. You also understand and
agree that the service may include certain communications from 12manage, such
as service announcements, administrative messages and 12manage newsletters,
and that these communications are considered part of 12manage membership and
you will not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including
the release of new 12manage properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that 12manage assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible for
obtaining access to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display or delivery
of advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of
legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such information
being the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or 12manage has reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, 12manage has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion
thereof).
4. 12manage PRIVACY AND COOKIE POLICY
Registration Data and certain other information about you is subject to our
Privacy and Cookie Policy.
5. AFFILIATED SITES
Everywhere in these Terms of Services where you read "12manage" you should
read "12manage and its affiliated sites".
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not 12manage,
are entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. 12manage does verify, moderate and classify
the Content posted via the Service but, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will 12manage be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a 12manage
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in
those areas (such as shopping rooms) that are designated for such purpose
(please read our complete Spam Policy);
- upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that 12manage may not pre-screen Content, but that 12manage
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, 12manage and its designees shall have the
right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you may
not rely on any Content created by 12manage or submitted to 12manage.com,
including without limitation information in 12manage Message Boards or Forums,
and in all other parts of the Service.
You acknowledge, consent and agree that 12manage may access, preserve, and
disclose your account information and Content if required to do so by law
or in a good faith belief that such access preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; (d) respond
to your requests for customer service; or (e) protect the rights, property,
or personal safety of 12manage, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within the Service may
include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by 12manage and/or
content providers who provide content to the Service. You may not attempt
to override or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
12manage does not claim ownership of Content you submit or make available
for inclusion on the Service. However, with respect to Content you submit
or make available for inclusion on publicly accessible areas of the Service,
you grant 12manage the following world-wide, royalty free and non-exclusive
license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly
accessible areas of 12manage.com, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on the Service
or into other works in any format or medium now known or later developed,
for the purposes of providing and promoting 12manage.
With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service other than 12manage.com,
the license to use, distribute, reproduce, modify, adapt, publicly perform
and publicly display such Content on the Service solely for the purpose for
which such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the Service
and will terminate at the time you remove or 12manage removes such Content
from the Service.
With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service
other than 12manage.com, the perpetual, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish, translate,
publicly perform and publicly display such Content (in whole or in part) and
to incorporate such Content into other works in any format or medium now known
or later developed.
"Publicly accessible" areas of the Service are those areas of the 12manage
network of properties that are intended by 12manage to be available to the
general public.
9. INDEMNITY
You agree to indemnify and hold 12manage, and its subsidiaries, affiliates,
officers, agents, co-branders 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 Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that 12manage may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days
that email messages, message board postings or other uploaded Content will
be retained by the Service, the maximum number of email messages that may
be sent from or received by an account on the Service, the maximum size of
any email message that may be sent from or received by an account on the Service,
the maximum disk space that will be allotted on 12manage's servers on your
behalf, and the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that 12manage
has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted
by the Service. You acknowledge that 12manage reserves the right to log off
accounts that are inactive for an extended period of time. You further acknowledge
that 12manage reserves the right to modify these general practices and limits
from time to time.
12. MODIFICATIONS TO SERVICE
12manage reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that 12manage shall not be liable to you
or to any third party for any modification, suspension or discontinuance of
the Service.
13. TERMINATION
You agree that 12manage may, under certain circumstances and without prior
notice, immediately terminate your 12manage account, any associated email
address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your 12manage account includes (a) removal of access to all
offerings within the Service, including but not limited to 12manage Mail,
Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings,
Alerts and Games, (b) deletion of your password and all related information,
files and content associated with or inside your account (or any part thereof),
and (c) barring further use of the Service. Further, you agree that all terminations
for cause shall be made in 12manage's sole discretion and that 12manage shall
not be liable to you or any third-party for any termination of your account,
any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and
such advertiser. You agree that 12manage shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because 12manage has no control over such sites
and resources, you acknowledge and agree that 12manage is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that 12manage shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
16. 12MANAGE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by 12manage or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part.
12manage grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create
a derivative work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security interest
in or otherwise transfer any right in the Software. You agree not to modify
the Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by 12manage for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. 12manage EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
12manage MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 12manage
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED
TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR
PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE
AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 12manage SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 12manage HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news,
messages, alerts or other information from the Service concerning companies,
stock quotes, investments or securities, please read the above Sections 17
and 18 again. They go doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the Service
is intended for trading or investing purposes. 12manage and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall
not be responsible or liable for any trading or investment decisions made
based on such information.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there
shall be no third party beneficiaries to this Agreement.
22. NOTICE
12manage may provide you with notices, including those regarding changes to
the TOS, by either email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION
The 12manage and 12manage.com logo, trademarks and service marks and
other 12manage logos and product and service names are trademarks of 12manage.
Without 12manage's prior permission, you agree not to display or use in any
manner, the 12manage Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
12manage respects the intellectual property of others, and we ask our users
to do the same. 12manage may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated,
please provide 12manage's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that
you claim has been infringed;
- a description of where the material that you claim is infringing is located
on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
12manage's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached by sending an email to info@12manage.com.
25. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and
12manage and govern your use of the Service, superseding any prior agreements
between you and 12manage. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other 12manage
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and 12manage
shall be governed by the laws of the Netherlands. You and 12manage agree to
submit to the personal and exclusive jurisdiction of the courts located within
Utrecht, The Netherlands.
Waiver and Severability of Terms. The failure of 12manage to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of Survivorship and Non-Transferability. You agree that your 12manage
account is non-transferable and any rights to your 12manage I.D. or contents
within your account terminate upon your death. Upon receipt of a copy of a
death certificate, your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
26. VIOLATIONS
Please report any violations of the TOS to info@12manage.com.
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