License to use website
Unless otherwise stated, ArtVault Software and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ArtVault Software's express written consent.
Access to certain areas of this website is restricted. ArtVault Software reserves the right to restrict access to other areas of this website, or indeed this entire website, at ArtVault Software's discretion. If ArtVault Software provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to ArtVault Software a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to ArtVault Software the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or ArtVault Software or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. ArtVault Software reserves the right to edit or remove any material submitted to this website, or stored on ArtVault Software's servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied. ArtVault Software makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, ArtVault Software does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
ArtVault Software will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if ArtVault Software has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit ArtVault Software's liability in respect of any:
• death or personal injury caused by ArtVault Software's negligence;
• fraud or fraudulent misrepresentation on the part of ArtVault Software; or
• matter which it would be illegal or unlawful for ArtVault Software to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, ArtVault Software has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ArtVault Software's officers or employees in respect of any losses you suffer in connection with the website. You agree that the limitations of warranties and liability set out in this website disclaimer will protect ArtVault Software's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ArtVault Software.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify ArtVault Software and undertake to keep ArtVault Software indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by ArtVault Software to a third party in settlement of a claim or dispute on the advice of ArtVault Software's legal advisers) incurred or suffered by ArtVault Software arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to ArtVault Software's other rights under these terms and conditions, if you breach these terms and conditions in any way, ArtVault Software may take such action as ArtVault Software deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
ArtVault Software may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ArtVault Software may transfer, sub-contract or otherwise deal with ArtVault Software's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ArtVault Software's Unsolicited Idea Submission Policy
ArtVault Software or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ArtVault Software's products or marketing strategies might seem similar to ideas submitted to ArtVault Software. So, please do not send your unsolicited ideas to ArtVault Software or anyone at ArtVault Software. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
Terms of Idea Submission
You agree that: (1) your ideas will automatically become the property of ArtVault Software, without compensation to you, and (2) ArtVault Software can use the ideas for any purpose and in any way, even give them to others.
ArtVault Software does, however, welcome your feedback regarding many areas of ArtVault Software's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the feedback form. Please provide only specific feedback on ArtVault Software's existing products or marketing strategies; do not include any ideas that ArtVault Software's policy will not permit it to accept or consider. It's just one more way that ArtVault Software can learn how to best satisfy your needs.
Use of the software from this Site is subject to the software license terms set forth in a ArtVault Software Software License. The software license agreement is available for review whenever software is downloaded at this site.
Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains ArtVault Software’s copyright notice.
Third Party Companies and Products
Mention of third-party products, companies and web sites on the ArtVault Software Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. ArtVault Software assumes no responsibility with regard to the selection, performance or use of these products or vendors. ArtVault Software provides this only as a convenience to our users. ArtVault Software has not tested any software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and ArtVault Software assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take place between you and the vendor. The example companies, organizations, domain names, email addresses, people, place and events depicted on the ArtVault Software Site are purely fictitious. Any resemblance to existing companies, organizations, domain names, email addresses, people, places and events is coincidental.
These terms and conditions constitute the entire agreement between you and ArtVault Software in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Swiss Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Baselland.
The information contained in this site is subject to change without notice.
ArtVault Software, Hauptstrasse 55, CH-4450 Sissach, Switzerland
Last updated: April 10, 2018
Effective April 2018.