Web Site Terms and Conditions of Use for the World except for Germany/Austria/Liechtenstein · Nutzungsbedingungen für die Welt mit Ausnahme von Deutschland/Österreich/Liechtenstein
Legal Information & Notices
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the equinux web site located at www.equinux.com, and all associated sites linked to www.equinux.com by equinux, its subsidiaries and affiliates, including equinux sites around the world (collectively, the "Site"). The Site is the property of equinux USA Inc. ("equinux") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
equinux reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, equinux grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to equinux or the respective owners (see below), and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The images used by equinux were either created by our in-house design team or acquired from the following photo libraries and the sole property of their respective owners: www.photocase.com (soulstormer, typogretel, Maria Vaorin, markusspiske, mem-film.de, misterQM, Markus Gann, ditomax, Sir John, doc_lopez, Grafikmonster, Z2sam, basilius, Osawa) sowie von www.dreamstime.com, www.fotolia.com, www.istockphoto.com, www.stockxpert.com, www.pixelio.de, www.sxc.hu, www.aboutpixel.de, www.morguefile.com, www.flickr.com (u.a.: BoonLeeFamPhotography, Iburiedpaul, ugod, www.charlietphoto.com, catsper, steve_lodefink, borevagen), www.imageafter.com, www.unsplash.com und www.shutterstock.com. Music used by equinux has either been created by equinux or acquired from external authors and is the sole property of their respective owners: et al.: "Never get out" by Brad Sucks used under a Creative Commons license - Link: http://www.bradsucks.net/music/source/
Content use
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise.
You may use information on equinux products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by equinux for downloading from the Site on www.equinux.com/press; www.equinux.com/presse, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Permitted use
You may in exception to condition (3) above use information on equinux products and services purposely made available by equinux for downloading from the Site (www.equinux.com/press; www.equinux.com/presse) solely in whole and under compliance with the other conditions above (1), (2) and (4), for:
(1) editorial use by press and/or industry analysts
(2) sale presentation of/sale promotion for equinux products in your (online) store if you are a distributor/reseller of equinux products
This right to use is personal to you and is not transferable by you to another party. This permission is not applicable for equinux competitors. The information cannot be used to promote or sell any product or technology (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the information, in whole or in part, for any reason.
As between you and equinux, equinux is and shall remain the sole and exclusive owner of the information. You will not delete, alter or conceal any proprietary legends relating to the information, and each use will be accompanied by the applicable proprietary attribution shown next to the information.
The information is provided to you by equinux on an 'AS IS' basis, without warranty of any kind, including non-infringement or ownership. You, not equinux, are responsible for your use of the information. Any misuse of the information or breach of this Terms will cause equinux irreparable harm. equinux is either the owner or licensee of the information, not an agent for the owner.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. equinux reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any equinux server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of equinux, including any equinux account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or equinuxís systems or networks, or any systems or networks connected to the Site or to equinux.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other personís use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to equinux on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of equinux or others.
Strictly forbidden is any use of any content of the equinux Website in connection with insulting, defaming, racist, violence glorifying, pornographic or elsewise illegal content.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
equinuxís obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
equinux may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and equinux makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Rights and Permissions
Claims of Copyright Infringement
* equinux's Unsolicited Idea Submission Policy
* Software and Documentation Information
* Feedback and Information
* Warranties and Disclaimers
* Legal Contacts
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Privacy
equinuxís Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view equinux's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the equinux Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under equinux's control, and equinux is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
EQUINUX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EQUINUX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EQUINUX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EQUINUX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EQUINUX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EQUINUX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
equinux reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
iSale Lab
equinux does not warrant to display total amount of iSale auctions at any time (auctions will be scanned periodically).
Furthermore equinux does not warrant to show all displayed auctions always correctly, complete and up to date.
Limitation of Liability
Except where prohibited by law, in no event will equinux be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if equinux has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold equinux, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneysí fees), made against equinux by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
equinux may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) equinux's rights or property, or the rights or property of visitors to or users of the Site, including equinux's customers. equinux reserves the right at all times to disclose any information that equinux deems necessary to comply with any applicable law, regulation, legal process or governmental request. equinux also may disclose your information when equinux determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that equinux may preserve any transmittal or communication by you with equinux through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or equinux determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of equinux, its employees, users of or visitors to the Site, and the public.
Void Where Prohibited
equinux administers and operates the www.equinux.com Site from its location in South San Francisco, California USA; other equinux sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. equinux reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and equinux with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and equinux with respect to such use are hereby superseded and cancelled. equinux will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. equinux's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by equinux of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between equinux and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Copyright Information
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws.
Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
Rights and Permissions
If you have any questions concerning the usage or licensing of equinux copyrighted materials, for example, photographs, video footage, equinux advertisements or other equinux materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the equinux material.
Requests may be emailed to legal@equinux.com.
equinux's Unsolicited Idea Submission Policy
equinux or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies,product enhancements, processes, materials, 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 equinux's products or marketing strategies might seem similar to ideas submitted to equinux. So, please do not send your unsolicited ideas to equinux or anyone at equinux. 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 equinux, without compensation to you, and (2) equinux can use the ideas for any purpose and in any way, even give them to others.
PRODUCT FEEDBACK
equinux does, however, welcome your feedback regarding many areas of equinux'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 form found at http://www.equinux.com/contact. Please provide only specific feedback on equinux's existing products or marketing strategies; do not include any ideas that equinux's policy will not permit it to accept or consider. It's just one more way that equinux can learn how to best satisfy your needs.
Software and Documentation Information
Software
Use of the software from this site is subject to the software license terms set forth in a equinux, Inc. Software License. The software license agreement is available for review whenever software is downloaded at this site.
Documentation
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 equinux's copyright notice.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. equinux shall be free to use such information on an unrestricted basis.
Legal Contacts
Trademark:
If you have any questions concerning the usage or licensing of equinux trademarks, contact equinux by email at legal@equinux.com.
The information contained in this web site is subject to change without notice.
Copyright © 1997-2018 equinux USA, Inc. All rights reserved.
Updated by The equinux
Legal Team on March 2009
Effective March 2009
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the "Terms of Use") apply to the equinux web site located at www.equinux.com, and all associated sites linked to www.equinux.com by equinux, its subsidiaries and affiliates, including equinux sites around the world (collectively, the "Site"). The Site is the property of equinux USA Inc. ("equinux") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
equinux reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, equinux grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to equinux or the respective owners (see below), and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The images used by equinux were either created by our in-house design team or acquired from the following photo libraries and the sole property of their respective owners: www.photocase.com (soulstormer, typogretel, Maria Vaorin, markusspiske, mem-film.de, misterQM, Markus Gann, ditomax, Sir John, doc_lopez, Grafikmonster, Z2sam, basilius, Osawa) sowie von www.dreamstime.com, www.fotolia.com, www.istockphoto.com, www.stockxpert.com, www.pixelio.de, www.sxc.hu, www.aboutpixel.de, www.morguefile.com, www.flickr.com (u.a.: BoonLeeFamPhotography, Iburiedpaul, ugod, www.charlietphoto.com, catsper, steve_lodefink, borevagen), www.imageafter.com, www.unsplash.com und www.shutterstock.com. Music used by equinux has either been created by equinux or acquired from external authors and is the sole property of their respective owners: et al.: "Never get out" by Brad Sucks used under a Creative Commons license - Link: http://www.bradsucks.net/music/source/
Content use
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise.
You may use information on equinux products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by equinux for downloading from the Site on www.equinux.com/press; www.equinux.com/presse, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Permitted use
You may in exception to condition (3) above use information on equinux products and services purposely made available by equinux for downloading from the Site (www.equinux.com/press; www.equinux.com/presse) solely in whole and under compliance with the other conditions above (1), (2) and (4), for:
(1) editorial use by press and/or industry analysts
(2) sale presentation of/sale promotion for equinux products in your (online) store if you are a distributor/reseller of equinux products
This right to use is personal to you and is not transferable by you to another party. This permission is not applicable for equinux competitors. The information cannot be used to promote or sell any product or technology (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the information, in whole or in part, for any reason.
As between you and equinux, equinux is and shall remain the sole and exclusive owner of the information. You will not delete, alter or conceal any proprietary legends relating to the information, and each use will be accompanied by the applicable proprietary attribution shown next to the information.
The information is provided to you by equinux on an 'AS IS' basis, without warranty of any kind, including non-infringement or ownership. You, not equinux, are responsible for your use of the information. Any misuse of the information or breach of this Terms will cause equinux irreparable harm. equinux is either the owner or licensee of the information, not an agent for the owner.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. equinux reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any equinux server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of equinux, including any equinux account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or equinuxís systems or networks, or any systems or networks connected to the Site or to equinux.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other personís use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to equinux on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of equinux or others.
Strictly forbidden is any use of any content of the equinux Website in connection with insulting, defaming, racist, violence glorifying, pornographic or elsewise illegal content.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
equinuxís obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
equinux may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and equinux makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Rights and Permissions
Claims of Copyright Infringement
* equinux's Unsolicited Idea Submission Policy
* Software and Documentation Information
* Feedback and Information
* Warranties and Disclaimers
* Legal Contacts
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Privacy
equinuxís Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view equinux's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the equinux Site
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under equinux's control, and equinux is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
EQUINUX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EQUINUX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EQUINUX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EQUINUX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EQUINUX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST EQUINUX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
equinux reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
iSale Lab
equinux does not warrant to display total amount of iSale auctions at any time (auctions will be scanned periodically).
Furthermore equinux does not warrant to show all displayed auctions always correctly, complete and up to date.
Limitation of Liability
Except where prohibited by law, in no event will equinux be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if equinux has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold equinux, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneysí fees), made against equinux by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
equinux may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) equinux's rights or property, or the rights or property of visitors to or users of the Site, including equinux's customers. equinux reserves the right at all times to disclose any information that equinux deems necessary to comply with any applicable law, regulation, legal process or governmental request. equinux also may disclose your information when equinux determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that equinux may preserve any transmittal or communication by you with equinux through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or equinux determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of equinux, its employees, users of or visitors to the Site, and the public.
Void Where Prohibited
equinux administers and operates the www.equinux.com Site from its location in South San Francisco, California USA; other equinux sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. equinux reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and equinux with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and equinux with respect to such use are hereby superseded and cancelled. equinux will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. equinux's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by equinux of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between equinux and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Copyright Information
A copyright is a property right in an original work of authorship. Copyright is recognized in most countries of the world by statutory copyright laws.
Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorized as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.
Rights and Permissions
If you have any questions concerning the usage or licensing of equinux copyrighted materials, for example, photographs, video footage, equinux advertisements or other equinux materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the equinux material.
Requests may be emailed to legal@equinux.com.
equinux's Unsolicited Idea Submission Policy
equinux or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies,product enhancements, processes, materials, 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 equinux's products or marketing strategies might seem similar to ideas submitted to equinux. So, please do not send your unsolicited ideas to equinux or anyone at equinux. 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 equinux, without compensation to you, and (2) equinux can use the ideas for any purpose and in any way, even give them to others.
PRODUCT FEEDBACK
equinux does, however, welcome your feedback regarding many areas of equinux'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 form found at http://www.equinux.com/contact. Please provide only specific feedback on equinux's existing products or marketing strategies; do not include any ideas that equinux's policy will not permit it to accept or consider. It's just one more way that equinux can learn how to best satisfy your needs.
Software and Documentation Information
Software
Use of the software from this site is subject to the software license terms set forth in a equinux, Inc. Software License. The software license agreement is available for review whenever software is downloaded at this site.
Documentation
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 equinux's copyright notice.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. equinux shall be free to use such information on an unrestricted basis.
Legal Contacts
Trademark:
If you have any questions concerning the usage or licensing of equinux trademarks, contact equinux by email at legal@equinux.com.
The information contained in this web site is subject to change without notice.
Copyright © 1997-2018 equinux USA, Inc. All rights reserved.
Updated by The equinux
Legal Team on March 2009
Effective March 2009
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