TERMS AND CONDITIONS
- GENERAL USE. RULES.
You must read these terms and conditions of use (the “Terms”) before using the web site www.com (the “Site”). If you use the Site, you are agreeing to abide by all of the provisions set forth in this Terms between you and Nobel Technologies Ltd (Nobel, we”, “us”, “our”). By using, accessing or downloading any information from the Site, you acknowledge that you read, agreed and will comply with these Terms and you agree to the bound by the Terms. If you do not agree with these Terms, do not use this Site.
1.2. Nobel may change, add or remove portions of the Terms at any time, but if it does so, it will post such changes on the Site.
1.3. Nobel may discontinue, change, or suspend any aspect of the Site at any time. Nobel may change, discontinue, or suspend the availability of any database, Content, feature, or Product of the Site. Nobel may impose limits on features, including services, use, or restrict your access to parts or all of the Site without notice or liability.
1.4. These Terms may be available in multiple languages on various websites; in the case of a conflict between any other language version and the English language version of these Terms, the English language version shall always control.
1.5. These Terms represent the entire understanding relating to the use of the Site.
1.6. For particular situations, these Terms are applying in conjunction with the Master Service Terms (MSA) that are published on https://anyatalk.com/terms-conditions/, are part of the Agreement between Parties and form an integral part thereof. The Parties agree to be bound by these Terms, MSA and to abide by the provisions set out therein. Capitalized terms not defined in these Terms shall have the meanings ascribed to them in the MSA or the Agreement. MSA and the Agreement shall be applied only between the Parties as defined in the Agreement and MSA.
NOBEL CONTENT & PRODUCT. RESTRICTIONS.
2.1. The Content and Product contained in the Site are intended for your informational or demonstration purposes. All materials on the Site (including, but not limited to documents, products, software, and services, articles, photographs, images, illustrations, audio clips, video clips, graphics, sound, music, text, demonstration programs, downloadable items, software and underlying code, also known as the “Content or Product”) are protected by copyright, and owned or controlled by Nobel or the party credited as the provider of the Content. You must abide by all additional trademark, service mark, patent, copyright notices, information, or restrictions contained in any Content accessed through the site.
2.2. Except as stated herein, none of the Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Nobel or the Third-Party Provider. No part of the Site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Nobel. You also may not, without Nobel prior express written permission, “mirror” any information contained on this Site on any other server. Nothing on this Site shall be construed as conferring any license under any of Nobel or any Third-Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Information contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2.3. This Site may be linked to other Internet sites and resources that are not under the control of and are not maintained by Nobel. Nobel is not responsible for the content of those sites and is not responsible for the materials at any other site. Nobel is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Nobel of those sites. You assume responsibility for any and all uses of Content.
2.4. The Site and its Content are protected by copyright pursuant to national and international copyright laws, and title to the Content shall not pass to you or any other user. You may not modify, reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in electronic, mechanical, photo reproduction, recordation or otherwise in any form or by any means, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, including derivative works, perform, display, distribute, or in any way exploit or alter, any of the Content or Product or the Site in whole or in part. Use of the Content or Product in a networked environment is prohibited.
2.5. Content or Product is subject to change without notice at the sole discretion of Nobel. If you violate any of the provisions contained in these Terms, your permission to use the Content or Product automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or Product. Nobel may, at its option, terminate or restrict without notice any access (and any account of such person) to the Site without prejudice to its right to claim for indemnification of damages in case of termination for breach of the Terms.
3.1. Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts.
3.2. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.
REPRESENTATIONS AND WARRANTIES. USE OF SERVICES
4.1. You represent, warrant and covenant: (a) that you are at least eighteen years old, (b) that all information provided by you is accurate and correct, and (c) that you will not infringe the right of any third party.
4.2. Use of this Site is at your sole risk. Nobel does not represent or warrant: the accuracy or reliability of any content, information, service, product, software, or demonstration contained on the site.
Reliance upon such content, information, service, product, software or demonstration shall be at your own risk.
4.3. The content, information, services, product, software, and demonstrations, contained herein and provided are done so on an “as is” basis without any warranties of any kind. Nobel and its respective customers, partners, suppliers, and affiliates, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement of third parties’ rights. Nobel and its respective customers, partners, suppliers, and affiliates make no representations or warranties about the reliability, completeness, accuracy, suitability, correctness or timeliness of the content, information, services, product, software, and demonstrations on or through the use of the Site.
4.4. Nobel, its officers, directors, employees, agents, licensors, and/or its respective customers, partners, suppliers, and affiliates and suppliers shall in no event be liable for any damages whatsoever, including, without limitation, incidental and consequential damages, damages resulting from lost data or business interruption, or lost profits, resulting from the use or non-use of the site or the content, information, service, product, software, and demonstrations and the related graphics contained therein. Such limitations to consequential and incidental damages are in effect and full force whether based on warranty, contract, tort or any other legal theory, and whether or not Nobel is advised of the possibility of such damages. If you are dissatisfied, your sole and exclusive remedy under this agreement is to discontinue use of this Site. Since some states/jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under these Terms are exclusive and limited to those expressly provided for.
4.6. Any software that could be made available to download within the Site (the “Software”) will be the subject to the Terms, MSA and the Agreement between Parties.
5.1. You agree to defend, indemnify and hold Nobel, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers, and Affiliates (the “Indemnified Parties”), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys’ fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of these Terms.
5.2. Nobel will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.
6. APPLICABLE LAW AND DISPUTE RESOLUTION
6.1. By accepting these Terms through use of this Site, you agree that, in the event of any dispute, legal action arises between you and Nobel or proceeding relating to your access to and use of the Site or interpretation of the Terms will be subject to the exclusive jurisdiction of Malta for a final and binding decision.
6.2. You and Nobel further agree that the these Terms as well as all matters relating to your access to and use of the Site will be governed by and construed in accordance with the laws of the Malta as set forth below. You hereby waive any objections to such jurisdiction in any action arising out of your transactions with Nobel, including any claim involving Nobel’s employees, officers, or directors.
LIMITATION OF LIABILITY
7.1. Nobel shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the content or information. In no event shall Nobel be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if Nobel has been previously advised of the possibility of such damage.
7.2. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and will not make a claim against Nobel for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the information. You agree to hold Nobel harmless from, and you covenant not to sue Nobel for, any claims based on using the Site.
7.3. You agree that in no event shall Nobel be liable for any consequential, punitive, incidental, indirect or special loss or damage whatsoever (including but not limited to damages for loss of income, loss of business or profits, or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the services arising from or in any way connected with the performance of its obligations under these Terms, even if Nobel has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Additionally, in no event will Nobel, Nobel’s Affiliates and their respective shareholders be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind (including, but not limited to, economic loss, loss of information or data, interruption, delay or loss of access to or use of the Internet, and the like), arising in any way or any manner from errors or omissions in the content or defects in the services provided by Nobel.
7.4. Nobel’s total liability for direct damages resulting under these Terms, regardless of whether that liability arises in contract, tort (including negligence), equity or statute shall, unless otherwise stated in these Terms, be limited to the value of the direct damage, as proved. This section shall survive termination of these Terms.
8.1. Nobel is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations.
9.1. Official correspondence must be sent to the address: (i) 11 Dinu Vintila street, 3rd Floor, 2nd District, Bucharest, Romania or (ii) 68, Northfields, Penthouse 9, Independence Avenue, Mosta MST 9026, Malta or (iii) by email at email@example.com.
Nobel will investigate notices and claims and will take appropriate actions. Pursuant to the applicable laws and regulations, notifications of claimed with respect to the Site (the “Notification”) must be submitted in writing to: Nobel or by e-mail at firstname.lastname@example.org.
11 Dinu Vintila St., 3rd Floor,
Euro Tower Building 021101
Sector 2, Bucharest, Romania