Terms of Use

Acceptance of Terms

ADCIS S. A. (“ADCIS”) makes this Web site (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and all services operated by the Companies and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that ADCIS may publish from time to time (collectively, the “Terms of Use”). By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.

 

Wikimedia Commons user Damien ELIE has authorisation to release these images under copyright license cc-by-sa-4.0. To obtain a list of those files click here.

 

ADCIS reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site’s home page to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site shall automatically terminate, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Language

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

Defined Terms

All through the document, ADCIS SA and it’s subsidiary company Adcis, Inc. are collectively described as “The Companies”, unless otherwise specified.

 

User-supplied information, materials, files, communications, and documents are referred to collectively as “User Data”. “Aphelion Content” means all Materials provided by the Companies.

Types of Users

Please be aware that certain activities on this Site, such as the Support Section, are available only to persons who are covered under a paid agreement with both companies (“Customers”).

Intellectual Property; Limited Licenses to Users

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, the Companies and their suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

Use of Services

When using Services on this Site that are offered by the Companies, you shall be subject to any posted guidelines, or rules, applicable to such Services and to the Terms of Use. Such guidelines, or rules, may contain terms and conditions in addition to those in the Terms of Use.

Use of Software

The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of the Companies. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.

Use of Aphelion Content and User Data

Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Aphelion Content and User Data available on this Site subject to the following conditions:

1. The Aphelion Content and User Data may be used solely for personal, informational, and internal purposes.
2. The Aphelion Content and User Data may not be modified or altered in any way.
3. The Aphelion Content and User Data on the Site may not be distributed or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices contained in the Aphelion Content and User Data.
5. The Companies reserve the right to revoke the authorization to view, download, and print the Aphelion Content and User Data available on this Site at any time, and any such use shall be discontinued immediately upon notice from the Companies.
6. The rights granted to you constitute a license and not a transfer of title.
7. You are not authorized to use any data of the Aphelion Content in a third party site without a written authorization from the Companies.

Trademark Information

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of ADCIS SA or other third parties. You are not permitted to use the Marks without the prior written consent of ADCIS SA or such third party that may own the Marks. ADCIS logo are trademarks of ADCIS SA.

License to ADCIS for User Data

Certain services offered through this Site accommodate or require User Data. Depending upon the nature of the Service, by submitting User Data to this Site you grant the Companies one of the following types of licenses:

1. For User Data that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using the Aphelion software product, you grant the Companies a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Data. You also grant both companies the right to distribute and publicly display and perform such User Data for the purpose for which such User Data was submitted to the Site. This license will be in effect until such User Data is removed from the Site. You acknowledge and agree that any User Data you submit to the Aphelion Support section, such as mail messages, actions or extensions, may be downloaded, modified, reproduced, and distributed by users of this Site.
2. For User Data such as comments to User Forums, bug reports, piracy reports, or product suggestions, you grant the Companies and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Data, and you also agree that the Companies are free to use any ideas, concepts, know-how, or techniques that you send them for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Data to us unless:
   1. you grant us permission to do so;
   2. we first notify you that the User Data you submit to a particular part of the Site will be published or otherwise used with your name on it;
   3. we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or we believe it necessary in order to protect the rights of the Companies or others.

User Conduct

In using the Site, including all Services and Materials available through it, you agree:

• Not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
• Not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
• Not to create a false identity;
• Not to use or attempt to use another’s account, password, service, or system.
• Not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Prohibited Communications

You may submit only User Data to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain.

 

Flaming – We do not tolerate abusive, malicious, personal attacks. You will be banned if you persist in this behavior.

 

Trolls – Anyone deliberately antagonizing other forum users by posting “flame bait” type messages is not welcome. You will be banned if you persist in this behavior. In addition, you agree not to do any of the following while entering the Support section:

• Transmit any message, information, data, text, software or graphic files, or other materials that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, offensive, libelous, hateful or racially, ethnically, sexually or otherwise objectionable.
• Impersonate any person or entity, including but not limited to, an ADCIS official, message board moderator, employee, contractor, affiliate.
• Post or transmit any content that contains a virus, Trojan horse or other mischievous Content.
• Use the Aphelion Message Boards’ features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting [use of all caps] or flooding [continuous posting of repetitive text or topics]).
• Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation.
• Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation.
• Upload or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
• The Companies retain the rights to exclusively determine what violates any of the above rules.

 

Breaking any of the above rules of conduct will make your message board account subject to immediate banning, or your message deleted, edited or moved. Further, the forum moderators may contact your ISP (Internet Service Provider) due to the severity of your posts. Violation of these restrictions may result in denial of or limitations on access by you to this Site

Managing Content and Communications

Although it is not our intention to do so, ADCIS reserves the right, in its sole discretion, to delete or remove User Data from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. ADCIS may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Data, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Data.

 

To the maximum extent permitted by law, the Companies will have no liability related to User Data arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ADCIS also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Data content.

Use and Protection of Account Login and Password

You are responsible for maintaining the confidentiality of your account name, and password. You are responsible for damages resulting from all uses of your account name, and password, whether actually or expressly authorized by you, unless access to your account name, and password was obtained through no fault or negligence of your own.

Limitation of Liabilities

Limitation of liability in no event, including, without limitation, negligence, shall the Companies, their affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party of special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not ADCIS has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use or the inability to use this site, its services, or materials, the statements or actions of any third party on or through the site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, or other content, any services available through the site that are delayed or interrupted, or any web site referenced or linked to from this site.

 

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Warranties, Disclaimers and Limited Liabilities

Warranties and disclaimers except as expressly provided otherwise in a written agreement between you and the Companies with respect to such party’s materials or services, this site, and all other materials and services accessible through this site, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, the Companies make no warranty that (a) the services and materials will meet your requirements; (b) the services and materials will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; and (d) the quality of any products, services, or materials purchased or accessible by you through the site will meet your expectations.

 

This site could include technical or other mistakes, inaccuracies, or typological errors. ADCIS may make changes to the materials and services at this site, including descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and ADCIS makes no commitment to update such materials or services.

 

You understand and acknowledge that (a) ADCIS does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the site; (b) ADCIS makes no representation or warranties whatsoever about any such third parties, their content, products, or services; and (c) any dealings you may have with such parties at your own risk.

 

The use of the services or the downloading or other use of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of any data, or other harm that results from such activities. ADCIS assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials offered through the site. No advice or information, whether oral or written, obtained by you from ADCIS or through or from the site shall create any warranty not expressly stated in the Terms of Use.

 

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you to the extent permissible, any implied warranties are limited to one (1) year.

Personal Information and Privacy

To learn about how the Companies protect your personal information, such as your name and address, refer to the Online Privacy Policy described at the top of this agreement. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. With the exception of User Data, any non-personal information or material sent to the Companies will generally be deemed to NOT be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of the Companies or others, or as stated in our Privacy Policy. Please be aware that your browser must be enabled to accept cookies in order for you to use the Support section.

Notification of Copyright Infringement

The Companies will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide ADCIS’s Copyright Agent a notice containing the following elements:

 

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. A description of where the material that you claim is infringing is located on the Companies’ site;
4. Information sufficient to permit the Companies to contact you, such as your physical address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the use of the material identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this site. Such inquiries should be made to the Copyright Agent at webmaster_at_adcis.net.

Indemnity and Liability

You agree to indemnify and hold the Companies, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Data, computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

General

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between the Companies and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by the Companies to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by ADCIS from its offices in Saint-Contest, France. By accessing this Site, you and ADCIS agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the European Community, without regard to the conflicts of laws principles thereof. You and ADCIS also agree and hereby submit to the exclusive personal jurisdiction and venue of the Tribunal de Commerce de Caen, France.