Bekonix End User Terms of Acceptable Use
The following sets forth the Terms of Acceptable Use (“TAU”) for the "Bekonix" Website and Desktop applications (together referred to as “Site”), along with the related software, features, and services (together referred to as “Services”), whether provided to you directly by Bekonix or distributed by a third party. This TAU may be updated by Bekonix from time to time without notice to you. You can review the most current version of the TAU at any time by accessing the links at the bottom of the software. In addition, when using any of Bekonix's services, you are subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. You are expected to read and understand the terms and conditions set forth herein, in addition to any terms and conditions which may be posted with respect to any of Bekonix's services.
Language of Terms
Where Bekonix has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Bekonix. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
You are responsible for any and all information, data, text, software, music, sound, photographs, graphics, videos or other material (“Content”) that you use to create products, or upload, post, email, transmit or otherwise make available. Bekonix does not control the Content you use to create products, or post via the Services and, as such does not guarantee the accuracy, quality, or integrity of such Content. Under no circumstances will Bekonix be liable in any way for any Content, including, but not limited to, 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 made available or any content unavailable in any way via the Services.
You agree not to use the Service to upload, post, email, transmit or otherwise make available any Content that is unlawful, threatening, abusive, defamatory, harassing, tortuous, obscene, or libelous; harms minors or others in any way; or infringes any patent, copyright, trademark, trade secret or other intellectual property of any other party. You agree that you obtain no copyright or other intellectual property right in any Themes, Occasions, Graphics, or any third-party branding, logos, characters or slogans (Licensed Content) provided from this service; that you will not use the Licensed Content in any way that implies or otherwise suggests any endorsement by, personal relationship with, or defamation of the licensor or the subject(s) of the Licensed Content; and that you will not duplicate or republish the customized products containing Themes, Occasions, Graphics, or Licensed Content in any manner.
Bekonix may at any time and in its sole discretion refuse or remove any Consumer Content that Bekonix deems to be Objectionable Content or to be a violation of the Bekonix TAU. Bekonix may, as appropriate, report to law enforcement agencies or other authorities any Objectionable Content and cooperate with law enforcement agencies or other authorities in any investigation of Objectionable Content.
You agree to not interfere with or disrupt the functionality of any computer hardware, software or system, or telecommunications equipment through any material that contains a computer or software virus; intentionally or unintentionally violate any applicable local, state, federal or international law; impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity through any means, including but not limited to forging e-mail headers, forging return e-mail addresses, or otherwise hiding the actual identity of the sender; sending spam, sending unsolicited bulk/commercial e-mail, distributing unsolicited advertisements or forwarding chain letters. You further agree not to use the Services for denial-of-service attacks, 'pingflooding', 'SYN- flooding', e-mail harassment or bombing, IRC harassment (*1), running IRC bots, sharing an account with a non-user, causing or allowing to cause access to the Services by any unauthorized user, e-mail harassment, spamming, mailbombing, or causing or allowing access to any other service of any organization without authorization or with intent to cause damage or to gain access beyond that allowed by the organization.
Bekonix TAKES CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND INCIDENTS OF SPAM VERY SERIOUSLY.
You acknowledge that Bekonix does not pre-screen Content, but shall have the right (but not the obligation) in its sole discretion to refuse, remove or move any Content that is available via the Services. Without limiting the foregoing, Bekonix shall have the right to remove any Content that violates the TAU or is otherwise objectionable. You agree that you must bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Bekonix specifically does not warrant or guarantee or agree to preserve the integrity of any Content left on the Site and you agree to maintain copies of all Content loaded onto the Site. Bekonix agrees to allow you to temporarily maintain Content on the Site only with the understanding and acknowledgement that all such Content may be deleted, lost, modified or corrupted from time to time and should be preserved separately by you.
You may optionally activate a Bekonix Account in order to use some of our Services. To prevent unauthorized access, you agree not to share your account password with others. If you learn of any unauthorized use of your password or account, send an email to: privacy@Bekonix.com
Legal Use of Computer Systems
The Services are only to be accessed and used by those authorized to do so. You agree not to reproduce, duplicate, copy, sell, resell, rent, timeshare or otherwise exploit for commercial purposes, any portion of the Services, use of the Services or access to the Services.
Users of the Services acknowledge that Internet content presented through the Services may be protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Such materials may not be used, copied, reproduced, transmitted, distributed, or used to create derivative works without the authorization of the owner of such proprietary right or as otherwise allowed by law.
Bekonix expects its users to respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Bekonix's Copyright Agent (whose contact information is set out below) with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Bekonix's Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Enforcement Officer. Bekonix, Inc.909 Mormon St, Folsom, CA 95630.
By Email: enforcement@Bekonix.com
Bekonix may terminate a user's access to any of the Services at any time in its sole discretion. Bekonix has the right to charge an individual or organization for Services rendered if it determines that the individual or organization has knowingly used Services that are normally charged for without Bekonix's express permission. This includes, but is not limited to, network bandwidth, system usage, disk storage, employee compensation to investigate or intervene, and any associated downtime caused by abuse of Bekonix's Services.
Bekonix may increase prices and add or delete Service(s)/features to or from the Services without notice. Prices may vary. You agree that Bekonix has no responsibility or liability for the deletion or failure to store any products, photos, images, text, music or other Content maintained or transmitted by the Services. You acknowledge that Bekonix reserves the right to remove files that are inactive for an extended period of time. You further acknowledge that Bekonix reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You acknowledge that Bekonix may establish general principles and limits concerning use of the Services, including without limitation the maximum number of days that products, content or other upload will be retained by the Site, the maximum size of any product, content or upload that may be sent from or received by a user account, the maximum amount of disk space that will be allotted to you on Bekonix's servers and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time.
The Services may include, or third parties may provide, links to other World Wide Web sites or resources. Because Bekonix has no control over such sites and resources, you acknowledge and agree that Bekonix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bekonix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
LIMITATION OF LIABILITY
IN NO EVENT WILL Bekonix OR ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR LIABILITIES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES, IN CONNECTION WITH YOUR USE OF THIS SITE AND THE SERVICES OR YOUR RELIANCE ON OR USE OR INABILITY TO USE THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES ON THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF Bekonix IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Bekonix THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THE TAU. SOME JURISDICTIONS PROHIBIT EXCLUSIONS OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN Bekonix AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S MATERIALS OR SERVICES, THIS SITE AND ALL 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, Bekonix MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FOR THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OR SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE AND THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR OTHER TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES TO THE SERVICES AT ANY ITEM WITHOUT NOTICE. Bekonix DOES NOT MAKE ANY COMMITMENT TO UPDATE THE SITE AND THE SERVICES IN THE EVENT THEY ARE OUT OF DATE.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (I) Bekonix DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH USE OF THE SERVICES, (II) Bekonix MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES, (III) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK, AND (IV) Bekonix SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES.
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 DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. Bekonix 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 THE SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO SOURCE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEKONIX OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAU.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, Bekonix'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED THE ACTUAL AMOUNT PAID TO Bekonix.
Bekonix owns the Copyright in the pages, the screens displaying the pages and in the information, materials and other content contained in this Site, and all Software and theme content downloaded by you from the Site unless otherwise indicated, and all rights are protected by U.S. and international copyright laws and treaties. The software, information, materials and other content of this Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without Bekonix’s express written consent, which shall be in its sole discretion.
Unless otherwise stated, Bekonix owns the Bekonix trademarks shown on this Site. Other product and names and logos mentioned or used on the Site are the trademarks of their respective owners.
Certain third-party components or content such as fonts are distributed under license from their providers.
Use of Software
Bekonix grants to each customer a limited and nonexclusive license to install and use the Bekonix Software (including any software from third-party vendors that Bekonix distributes) in object code format, its associated documentation, and any updates thereto ("Software") in order to access and utilize the Services and for no other purpose. Bekonix may modify the Software at any time, for any reason, and without providing notice of such modification to a customer.
The Bekonix Software is Bekonix’s confidential and proprietary information and it embodies trade secrets and intellectual property rights protected under United States copyright laws, other laws, and international treaty provisions. All rights, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain, Bekonix property. By installing the Software on your computer, you agree to the terms and conditions of this TAU. In addition you agree not to translate, decompile, reverse engineer, the Software or any part thereof.