2. Registration Information/Privacy Policy
Collection of Personal Information
When you engage in certain activities on this site, Application Aspect may ask you
to provide certain information about yourself by filling out and submitting an online
form. It is completely optional for you to engage in these activities. If you elect
to engage in these activities, however, Application Aspect may require that you provide
certain personal information, such as your name, mailing address, e-mail address,
and other personal identifying information. Your personal information will not be
leased, sold, rented or otherwise made available to any other third party except
to the extent necessary to comply with applicable laws, police investigations, or
in legal proceedings where such information is relevant. Occasionally, Application Aspect
allows access to database information to bonded mailing houses only for the purpose
of allowing for the printing of mailing labels that are used for Application Aspect's own direct mail and promotional purposes. In those instances, the third party
is bound by these terms.
Application Aspect collects this information in order to record and support your
participation in the activities you select. If you order a product, for example,
the information is used to register your license and rights, if any, to upgrade
discounts, technical support, or other benefits that may be made available to registered
users. Application Aspect also uses information that you provide as part of our effort
to keep you informed about product upgrades, special offers, and other Application Aspect
products and services.
Your personally identifying information will not be used by Application Aspect for
editorial purposes unless you first agree in writing. Application Aspect may also
use such information for Application Aspect promotional and marketing purposes. Application Aspect
respects your privacy.
Use of Cookies
When you visit ApplicationAspect.com, you can surf the site anonymously and access
important information without revealing your identity. In order to analyze and improve
our site, we use "cookies" to track your visit. A cookie is small amount
of data that is transferred to your browser by a Web server and can only be read
by the server that gave it to you. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify
you when you receive a cookie, which allows you to decide whether or not to accept
it. (For some Web pages that require an authorization, cookies are not optional.
Users choosing not to accept cookies will not be able to access those pages.)
While Application Aspect uses cookies to track your visit to ApplicationAspect.com,
and our Web servers automatically log the IP/Internet address of your computer,
this information does not identify you personally and you remain anonymous unless
you have otherwise provided Application Aspect with personal information.
Please note that Application Aspect is not responsible for the content or privacy
practices of third party Web sites to which ApplicationAspect.com may link.
Users may contact us with any further
questions.
Application Aspect Contact Information:
Attn: Raverus d.o.o., Application Aspect
Frana Bosnjakovica 4
Zagreb, 10000-HR
Croatia
3. Modifications of these Terms of Use
Application Aspect may modify these Terms of Use from time to time at its sole discretion.
Each time you log on to Application Aspect’s site, you will be deemed to have accepted
any such changes, unless you arrange to terminate your registration with Application Aspect’s
site immediately (i) by notifying Application Aspect of your unwillingness to accept
the changes to the Terms of Use; and (ii) by discontinuing your use of Application Aspect’s
site.
4. Modifications of the Application Aspect Site
Application Aspect may modify or discontinue Application Aspect’s site with or without
notice to you and without liability to you or to any third party.
5. Content of Messages
You agree not to use Application Aspect’s site to send or post on Application Aspect’s
site, any message or material that is unlawful, harassing, libelous, defamatory,
abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening,
racially offensive, inaccurate, or otherwise objectionable material of any kind
or nature or that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state, national
or international law or regulation, or encourage the use of controlled substances.
Application Aspect reserves the right to delete any such material from Application Aspect’s
site. Application Aspect will cooperate fully with any law enforcement officials
and/or agencies in the investigation of any person or persons who violate the Terms
of Use contained in this section.
You agree not to post or use Application Aspect’s site to distribute or send any
illegal material of any kind, including but not limited to, illegal material in
the form of text, graphics, video, programs or audio files. Posting content or participating
in any form of discussion with the intention to commit any illegal activity is strictly
prohibited.
You acknowledge that (i) Application Aspect permits access to content that is protected
by copyrights, trademarks and other intellectual and proprietary rights ("Rights");
(ii) these Rights are valid and protected in all media and technologies existing
now or later developed; and (iii) except as explicitly provided otherwise, the Terms
of Use and applicable copyright, trademark and other laws govern your use of such
content. You may not post to Application Aspect’s site, copy, reproduce, retransmit,
distribute, publish, commercially exploit or otherwise transfer any material subject
to the Rights. The burden of determining that Rights do not protect any information,
software, images or any other content on Application Aspect’s site rests with you.
You acknowledge that Application Aspect may acquire Rights to use any posted materials
as described below, and that you will not acquire any of those Rights by downloading
such materials.
6. Errors on Our Site
Prices and availability of products and services are subject to change without notice.
Errors will be corrected when and where discovered, and Application Aspect reserves
the right to revoke any stated offer and to correct any errors, inaccuracies or
omissions including after an order has been submitted and whether or not the order
has been confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is cancelled, Application Aspect will
issue a credit to your credit card account in the amount of the charge. Individual
bank policies will dictate when this amount is credited to your account.
7. Third Party Services
Special routing icons may be included within Application Aspect’s site, the activation
of which will allow you to access and learn more about Application Aspect and other
services provided by Application Aspect or its affiliates whereby the use of such
icons is free of additional charge to you. When you access any of these services,
your rights and obligations will be governed by the agreements and policies relating
to the use of these services.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF APPLICATION ASPECT’S SITE IS AT YOUR SOLE RISK. APPLICATION ASPECT’S
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APPLICATION ASPECT
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
APPLICATION ASPECT MAKES NO WARRANTY THAT APPLICATION ASPECT’S SITE WILL MEET YOUR
REQUIREMENTS, OR THAT APPLICATION ASPECT’S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES APPLICATION ASPECT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF APPLICATION ASPECT’S SITE. APPLICATION ASPECT WILL
NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE
OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF APPLICATION ASPECT’S
SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF APPLICATION ASPECT’S SITE IS 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 SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT APPLICATION ASPECT DOES NOT GUARANTEE THE ACCURACY
OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH APPLICATION ASPECT’S
SITE. APPLICATION ASPECT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE
RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH
THE UNDERSTANDING THAT NEITHER APPLIACTION ASPECT NOR ITS MEMBERS, WHILE SUCH MEMBERS
ARE PARTICIPATING IN APPLICATION ASPECT’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS,
INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. APPLICATION ASPECT ENCOURAGES YOU
TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT
YOU MAY HAVE.
APPLICATION ASPECT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED
TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED,
SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN APPLICATION ASPECT’S
SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM APPLICATION ASPECT OR THROUGH APPLICATION ASPECT’S SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
APPLICATION ASPECT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH APPLICATION ASPECT’S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH
APPLICATION ASPECT’S SITE.
APPLICATION ASPECT IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE
WEB PAGES THAT RESIDE OR IS POSTED OUTSIDE APPLICATION ASPECT’S SITE. AS A CONVENIENCE
TO APPLICATION ASPECT’S USERS, APPLICATION ASPECT MAY PROVIDE LINKS TO THIRD PARTY
SITES AND TO RESOURCES THAT ARE BEYOND APPLICATION ASPECT’S CONTROL. APPLICATION ASPECT
MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY
OF ANY SITES TO WHICH APPLICATION ASPECT MAY PROVIDE LINKS AND YOU HEREBY WAIVE ANY
CLAIM YOU MIGHT HAVE AGAINST APPLICATION ASPECT WITH RESPECT TO SUCH SITES.
9. Limitation of Liability
APPLICATION ASPECT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE APPLICATION ASPECT’S
SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH APPLICATION ASPECT’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF APPLICATION ASPECT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Promotional Messages
Application Aspect may, from time to time, send e-mail messages to you containing
advertisements, promotions, etc. Application Aspect makes no representation or warranty
with respect to the content of any such e-mail messages or any goods or services
that may be obtained from Application Aspect, and you agree that Application Aspect
shall not have any liability with respect thereto.
11. Indemnification
You agree to indemnify and hold each officer and/or employee of Application Aspect,
its parent companies, subsidiaries and affiliates, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of Application Aspect’s site, the violation of these Terms of Use
by you, or the infringement by you, or any other user of your account, of any intellectual
property or other right of any person or entity.
12. Remedies for Breach of these Terms by You
In the event that Application Aspect determines, at its sole discretion, that you
have breached any portion of these Terms of Use, or have otherwise demonstrated
conduct inappropriate for the community of Application Aspect’s site, Application Aspect
reserves the right to (i) warn you via e-mail that you have violated these Terms
of Use; (ii) delete any content provided by you or your agent(s) to Application Aspect’s
site, (iii) delete all content provided by you to Application Aspect’s site, (iv)
discontinue your registration with Application Aspect’s site and/or any other Application Aspect
community; (v) notify and/or send content to and/or fully cooperate with the proper
law enforcement authorities for further action; and/or (vi) any other action that
Application Aspect deems appropriate.
13. Miscellaneous
In the event that any provision of the Terms of Use conflicts with the local and/or
international law or if any such provisions are held invalid by a court with jurisdiction
over the parties to the Terms of Use, such provision will be deemed to be restated
to reflect as nearly as possible the original intentions of the parties in accordance
with applicable law, and the remainder of these Terms of Use will remain in full
force and effect.
The failure of either party to insist upon or enforce strict performance by the
other party of any provision of the Terms of Use or to exercise any right under
the Terms of Use will not be construed as a waiver or relinquishment to any extent
of such party's right to assert or rely upon any such provision or right in that
or any other instance, rather, the same will be and remain in full force and effect.
Application Aspect may assign, without notice, its rights and obligations under these
Terms of Use and upon such assignment Application Aspect may be relieved of any further
obligation hereunder.
You represent to Application Aspect that you have the authority to register with
Application Aspect’s site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall
be identified when posted on Application Aspect’s site by Application Aspect) constitute
the entire understanding between the parties as to the subject matter herein, and
supersede all prior agreements and understandings. Any legally unenforceable provision
of these Terms of Use will, at the election of Application Aspect, be deleted or
modified to correct the defect and, regardless, the remainder of the terms of these
Terms of Use will remain valid and enforceable.