The following Terms of Service apply to this website and any websites operated by AimWi, LTD (collectively, the “Websites”).
These Terms of Service and Use (“Terms of Service”) are a binding legal agreement between you and AimWi, LTD (“AimWi”). By accessing or using our Websites, any features, content and products or services available from the Websites in any manner, including, but not limited to, visiting or browsing the Websites or contributing content or other materials to the Websites, you agree to be bound by these Terms of Service.
If you do not agree to these Terms of Service, please do not use the Websites.
1. Trademarks and Copyrights
The websites and all materials, including but not limited to logos, service marks, text, graphics, artwork, sounds, music, design, products, services and all other elements of our Websites provided by AimWi are owned by AimWi and protected by copyrights, patents, registered or unregistered trademarks, trade secrets or other proprietary rights under the law.
Our Websites may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Websites does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner.
Your use of our Website does not grant you ownership rights of any kind in our Websites.
AimWi respects the intellectual property rights of others and asks the users of our Websites to do the same.
AimWi will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
AimWi shall not be held responsible for any content generated by users or members of our Websites or for content that exists through any links posted on our Websites.
2. Use of the Websites
Under these terms of Service:
• You agree not to send or post any chain or spam letters and comments, junk mail or other form of solicitation.
• You agree not to use or encourage others to use the Websites for any illegal purpose or activities.
• You agree not to post, send, link or make available in any other way:
(1) pornographic or sexually explicit, disturbing and other inappropriate content.
(2) content that is copyrighted, protected by trade secret or otherwise subject to a third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AimWi all of the license rights granted herein.
(3) content or links to content that contains viruses, malware, spyware or other codes intended to damage or interfere with any software, hardware, equipment, system, data, or other information of the Websites or any third party,
(4) content that may harm or exploit children.
(5) content that violates, or encourages any conduct that violates laws and regulations.
(5) content that is illegal or contains any illegal information.
• You agree that if you provide feedback to us regarding our Websites, content of our Websites, or User Content, you authorize us to use that feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the feedback for any purpose.
• You agree not to attempt to hack or scam any members of the Websites.
• You agree not to use or launch any automated system, including “bots”, “spiders” or “offline readers,” that access the Websites in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
• You agree not to attempt to gain unauthorized access or try to test the vulnerability of any of our Websites, computer systems or networks used by our Websites.
• You agree to comply with these Terms of Service and Use as well as applicable local, national, and international laws and regulations.
Our Websites are provided to you on an AS IS basis for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AimWi reserves all the rights not expressly granted in and to the Websites and the content of the Websites.
3. User Content
Anything that you post or otherwise make available on the Websites is referred to as “User Content”.
You retain all the copyrights in the User Content you post on the Websites. However, by submitting User Content to the Websites, you hereby grant AimWi a perpetual, non-exclusive, royalty-free, irrevocable, transferable, sublicensable, worldwide license to use, store, sell, display, reproduce, modify, create derivative works, perform, and distribute your User Content for any purpose whatsoever, and to incorporate User Content in other works in any form, media, or technology now known or later developed.
The foregoing license shall be broadly construed, and shall include, without limitation the right to: (1) promote and redistribute part or all of the User Content (and derivative works thereof) in any media formats and through any media channels, (2) incorporate the User Content on tangible or intangible products (for example clothing, accessories) for resale or otherwise, (3) use the User Content for promotional purposes, whether to promote the Websites, other AimWi products or services, or third party products or services.
By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by AimWi to use any User Content. By way of further clarification, AimWi may freely sublicense the rights that you grant it in this provision to a third party.
To the extent necessary for AimWi to exercise its rights under the foregoing license, you hereby grant AimWi a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Content and in your likeness as contained therein.
You also hereby grant each user of our Websites a non-exclusive license to access your User Content through the Websites, and to use, store, display, reproduce, distribute such User Content as permitted through the functionality of the Websites and under these Terms of Service.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize AimWi to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Websites and these Terms of Service.
AimWi takes no responsibility and assume no liability for any User Content that you or any other user or third party posts or transmits using our Websites. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
AimWi reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. We may remove such User Content and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
AimWi reserves the right to remove or modify User Content for any reason or for no reason, including User Content that we believe violates these Terms of Service and Use or our policies.
When you register as a member on any of the Websites you will be asked to provide a password. You will be responsible for all activities that occur within your account so you should keep your password safe and confidential.
You are solely responsible for safeguarding the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account details), you shall notify us immediately.
You may be liable for the losses incurred by AimWi= or others due to any unauthorized use of your account.
5. Copyright Infringement
If you are a copyright owner, or are authorized to act on behalf of one and you believe that any User Content or other content on our Websites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our Websites are covered by a single notification, a representative list of such works at our Websites.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AimWi to locate the material.
3. Information reasonably sufficient to permit AimWi to contact the complaining party, such as an e-mail, address and telephone number at which the complaining party may be contacted.
4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law”).
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content”).
You acknowledge that if you fail to comply with all of the requirements of this provision DMCA notice may not be valid.
Designated Copyright Agent of AimWi to receive notifications of claimed infringement can be reached via e-mail email@example.com or physical mail:
Attention: Copyright Agent
Narva mnt. 7-211, Tallinn 10117, Estonia
Upon receipt of the Notice as described below, AimWi will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Websites.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature.
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
4. Your name, address, telephone number, and e-mail address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, AimWi may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at AimWi’s sole discretion.
6. Governing Law
THE WEBSITES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AimWi, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AimWi MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE WEBSITES OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, NON-INFRINGEMENT OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (6) 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 WEBSITES.
AimWi DOES NOT WARRANT THAT THE FUNCTIONS OF OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE.
AimWi DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY LINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AimWi WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AimWi Ltd., ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS SHALL NOT BE LIABLE FOR (1) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, AND ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITES, CONTENT, USER CONTENT OR THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITES; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, OR (3) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF AimWi, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS 20.00 Euro.
EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You may terminate your use of our Websites at any time.
AimWi reserves the right, but are not obligated, to permanently or temporarily terminate or suspend a user account without notice and liability for any reason, including if the user violates any provision of these Terms of Service , or for no reason.
You remain solely liable for all obligations related to use of the Websites, even after you have stopped using the Websites.
For any dispute you have with AimWi, you agree to first contact us and attempt to resolve the dispute with us informally.
You agree to indemnify, save, and hold AimWi, its affiliated companies, officers, employees, agents, suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including but not limited to attorney fees, arising out of (1) your use or misuse of our Websites, (2) your violation of any terms of these Terms of Service, (3) your violation of the rights of any other person or entity, including without limitation any copyright, property, or privacy right, (4) any breach of the representations, warranties, and covenants made by you herein. AimWi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AimWi, and you agree to cooperate with our defense of these claims.
This defense and indemnification obligation will survive these Terms of Service and your termination of use of the Websites.
These Terms of Service, together with any other legal notices published by AimWi on the Websites, shall constitute the entire agreement between you and AimWi concerning the Websites. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and failure of AimWi to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
YOU AND AimWi AGREE THAT REGARDLESS OF ANY LAW OR STATUTE TO THE CONTRARY, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITES OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY AND FOREVER WAIVED AND BARRED.
We care about the security of our users. While we work to protect the security of your content and account, unfortunately, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account on any of our Websites.
Our Websites may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s website.
AimWi has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party sites or services.
14. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Websites are not intended for children under 13. If you are under 13 years of age, then please do not use the Websites.
15. Changes To These Terms of Service
AimWi may update these Terms of Service from time to time. You acknowledge that it is your responsibility to review our Websites and the Terms of Service periodically to learn of any modifications. Your continued use of our Websites after the posting of this Terms of Service shall constitute your acceptance of these Terms of Service.
If you have questions or concerns about these Terms of Service, please contact us via email at firstname.lastname@example.org or write us to AimWi, Narva mnt. 7-211, Tallinn 10117, Estonia.