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Eltima IBC TERMS OF SERVICE

IMPORTANT NOTICE: THIS IS A LEGALLY-BINDING CONTRACT. THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS AND WILL BE WHOLLY AGREED TO BY YOU THROUGH USE OF THE ELTIMA IBC WEBSITE OR SERVICES. FURTHER, THESE TERMS OF SERVICE WILL WHOLLY GOVERN YOUR RELATIONSHIP WITH ELTIMA IBC AND YOUR USE OF ITS WEBSITE AND/OR SERVICES.


IF YOU DO NOT WHOLLY AGREE TO THE TERMS OF SERVICE HEREIN, DO NOT USE ANY ELTIMA IBC SERVICES!


PLEASE READ CAREFULLY.


Eltima IBC’S PRIVACY POLICY, WHICH IS INCORPORATED AND MADE A BINDING PART OF THESE TERMS OF SERVICE, IS LOCATED AT https://wiki.eltima.com/policies/policies.html.

These Eltima IBC Terms of Service (“Terms of Service”) govern Access and/or Use of all Eltima IBC, a Commonwealth of Virginia corporation (“Eltima IBC”), Services and Website by all Users and/or Visitors (or “You(r)”). These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the COMMONWEALTH OF VIRGINIA without reference to conflicts of law rules and principles.


Key Term Definitions


Access and/or Use: The act of electronically visiting the Website and/or taking advantage of Services or any information provided by Eltima IBC.


Service(s): All Eltima IBC Services, including, but not limited to, all content, data, documents, graphics, information (whether or not User Content), products, text, and all other elements offered through the Website or any device.


Users and/or Visitors (“You(r)”): All individuals, partners, or groups, including all business, commercial, non-profit, organizations or entities in whatever form, whether legally recognized or not, who Access, Use, or take advantage of Eltima IBC Services.


Website: Any website(s) owned or operated by Eltima IBC.


Note that any Key Terms may be used cumulatively and together to affect the required meaning. For example, “Website Services” includes both Key Terms “Services” and “Website” and should be read together to mean: Eltima IBC Website Services and Services in general.


1. OVERVIEW OF ELTIMA IBC SERVICES


Eltima IBC provides Users with simple and advanced technologies, software solutions, mobile, server-side and desktop applications. The Eltima IBC Website is a one-stop shop that offers digital products and Services to help make Users’ lives easier, such as system utilities and multiple data management products and technologies. Eltima IBC’s desire to provide easy-to-use and practical software solutions for its User’s is why Eltima IBC craves to constantly improve, fix, and enhance its products and Services. Eltima IBC is committed to helping Users resolve their software-related issues. Should You wish to reach the Help Team or to contact Eltima IBC for any reason, please send an email to ping@eltima.com.


2. ACCEPTANCE OF TERMS OF SERVICE


These Terms of Service are a legally-binding agreement between You and Eltima IBC regarding Use of the Website as made available by Eltima IBC and/or its authorized licensor(s) (“Licensor”). Eltima IBC makes available its Website and Services for Your Use subject to the terms and conditions set forth in these Terms of Service. By Accessing and Using the Eltima IBC Website and Services, You AGREE to be bound by and to ACCEPT these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.


If You do NOT AGREE to ALL the terms and conditions contained in these Terms of Service, You should NOT Use or take advantage of any Eltima IBC Services. If You do NOT AGREE to any additional specific terms which apply to particular Content (as defined in Section 2.2 hereof) or to particular transactions concluded through Eltima IBC Website or Services, then You should NOT Use the part of the Website or Services which contain such Content or through which such transactions are concluded. Additionally, when Using or taking advantage of any Eltima IBC Services, should You visit another website or obtain any products, applications or services from another entity or provider, whether free of charge or for payment, You will be subject that third-party’s guidelines and conditions applicable to such products, applications or services, and NOT those of Eltima IBC.


2.1 Type of License. You are granted a revocable, limited license to Use the Eltima IBC Website and Services as outlined and detailed in Section 4, below. Furthermore, Eltima IBC offers a variety of third-party products and services that may offer a variety of licenses upon purchase by You. Some of these third-party licenses will be outlined in Section 4.3, below.


2.2 Updates to Terms of Service. These Terms of Service may be amended by Eltima IBC at any time upon notice provided by any of the following means: (i) through a posting on the main page of the Website; (ii) during the purchase process for an Eltima IBC product or Service; or (iii) by email to the address You have previously provided when You set up Your User Account or otherwise. Your failure to provide or maintain accurate and current contact information with Your User Account related to Eltima IBC Services or Website will not obviate Your responsibility to comply with these Terms of Service. Specific terms and conditions may apply to specific content, products, materials, Services or information contained on or available through this Website (the “Content”), or to transactions concluded via the Website. Such specific terms may be in addition to these Terms of Service, or, where inconsistent, only to the extent that the Content or intent of such specific terms is consistent with he Terms of Service, and then such specific terms will prevail. Please check these Terms of Service regularly to ensure that You are aware of all terms governing Your Use of the Eltima IBC Website and Services.

Eltima IBC reserves the right to make changes or updates with respect to the Website, or to the Content or the format thereof at any time without notice. Eltima IBC also reserves the right to terminate or restrict access to the Website and its Services or any portion thereof for any reason whatsoever in its sole discretion.


3. USER WARRANTIES AND OBLIGATIONS


3.1 Agreement of Use. You AGREE to Use the Eltima IBC Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction(s). Specifically, You AGREE and warrant that in Using Eltima IBC Website and Services, Your actions do not contravene the laws, rules, or regulations of (i) the country, state, or locality where You reside, or (ii) the country, state, or locality where Eltima IBC is located or operates. This includes complying with applicable export and import restrictions as well as any other restrictions.


3.2 Prohibited Conduct. You AGREE not to Use or permit Use of Eltima IBC Services, via email, facsimile, faxing, posting, publishing, uploading, or otherwise transmitting any data or material, for any purpose that may (i) menace or harass any person or cause damage or injury to any person or property; (ii) involve the publication of any material that is false, defamatory, harassing or obscene; (iii) violate privacy rights or promote bigotry, racism, hatred or harm; (iv) constitute unsolicited bulk email, “junk mail”, “spam” or chain letters; (v) constitute an infringement of intellectual property or other proprietary rights; or (vi) otherwise violate applicable laws, ordinances or regulations. Eltima IBC reserves the right to disable, remove, or revoke access to You to any material that violates the foregoing restrictions or these Terms of Service. Eltima IBC shall have no liability to You in the event that Eltima IBC takes such action. You AGREE to defend and indemnify Eltima IBC against any claim arising out of a violation of Your obligations under this Section.


3.3 Prohibited Actions. You AGREE not to Access (or attempt to Access) Eltima IBC Services by any means other than through the means provided by Eltima IBC or its authorized Partners. You AGREE not to Access (or attempt to Access) the Services by way of automated means and that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).


Specifically, You AGREE that You will not:


  • Share Your Login ID or password;
  • Use or attempt to Use another User’s User Account (as defined in Section 5 hereof), password, or system without express consent from the owner of the User Account;
  • Remove or modify any Website markings or any notice of Eltima IBC’s or its Licensors’ proprietary rights;
  • Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services, or Access or Use the Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to Eltima IBC;
  • Disrupt or interfere with any other User’s enjoyment of the Website and Services or affiliated or linked sites;
  • Upload, post, or otherwise transmit through the Website and Services any viruses or other harmful, disruptive, or destructive files;
  • Access or attempt to Access any Content or User Content (as defined in Sections 2.2 and 11 hereof), which You are not authorized to Access under the Terms of Service; and
  • Disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website and Services or any affiliated or linked sites.

The rights granted to You under these Terms of Service are also conditioned on the following:


  • The rights of any User licensed to Use the Services cannot be shared or Used by more than one individual;
  • No part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other methods, except as expressly provided herein; and
  • You AGREE to make every reasonable effort to prevent unauthorized third parties not authorized by Eltima IBC from Accessing or Using the Services.

4. LIMITED LICENSE TO USE


4.1 Limited License. You are granted a revocable, limited, non-exclusive, non-transferrable, non-sublicensable license (“License”) to use Eltima IBC Website and Services, so long as Your Use of such Services is expressly permitted in these Terms of Service. Eltima IBC reserves the right to revoke Your License upon the breach of these Terms of Service or upon a good faith belief that Your Use of Eltima IBC Services will be injurious to Eltima IBC others, Users, the public, or in violation of these Terms of Service. Additionally, this License is not a sale of any of Eltima IBC intellectual property owner’s rights.


4.2 Restrictions. Your License to Use Eltima IBC Services may ONLY be used by You. You may not lease, lend, rent, sub-license, or transfer any of Your rights to Use Eltima IBC Services or any data received stemming from Your Use of this License belonging to Eltima IBC.

This License also is held with respect to all User obligations outlined and detailed in Section 3, above.


4.3 Third-party Licenses. Third-party licenses are independent of Your License to Use the Eltima IBC Website and Services. Depending on the product or Service(s) purchased from Eltima IBC Your license may vary. For a current list of third-party licenses available, please visit this link to Software Licenses.


5. USER ACCOUNT


5.1 User Account. You may sign up for a personalized account (“User Account”) with Eltima IBC in order to Access the full range of features offered by the Website and Services, and especially the Forum – Info Center. In creating a User Account, You AGREE to submit accurate, current, and complete information and keep this information frequently updated. Eltima IBC reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current, or incomplete.

When You create a User Account, You will choose a personal, non-transferable username and password. User Accounts may not be “shared” or used by more than one individual. After You ACCEPT these Terms of Service and Your User Account registration has been accepted by Eltima IBC, Your User Account will be established. You are solely responsible for any and all activities that occur under Your User Account, whether or not such use was authorized by You.

Please read Eltima IBC’s Privacy Policy as outlined in Section 15 below, which describes how Eltima IBC collects, uses, discloses, manages, and stores Your personally identifiable information (“Personal Information”).


5.2 User Account Information. The information You provide will be used only for such purposes as allowing You to set up a User Account and profile to interact with other Users through the Service, the Forum, to improve the Content of the Service, customize the advertising and Content You see, and communicate with You about specials and new features. It is completely optional for You to engage in these activities and/or create a User Account with Eltima IBC.

You AGREE and understand that You alone are responsible for maintaining the confidentiality of all usernames and passwords associated with any User Account You Use to Access the Website and Services. Additionally, You may not Use a User Account that belongs to someone else at any time without the permission of that account holder. Eltima IBC is not liable for any harm caused or related to the theft or misappropriation of Your username, password, User Content (as defined in Section 11 hereof), disclosure of Your username or password, or Your authorization of anyone else to Use Your username or password. However, You could be held liable for losses incurred by Eltima IBC, another User, or a third party due to misappropriation and Use of Your User Account. If You become aware of any unauthorized Use of Your User Account, please notify Eltima IBC immediately at ping@eltima.com.


6. PROHIBITED CONDUCT


VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN ELTIMA IBC’S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR USER ACCOUNT. WHILE ELTIMA IBC PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE ELTIMA IBC WEBSITE, YOU UNDERSTAND AND AGREE HAT ELTIMA IBC CANNOT BE RESPONSIBLE FOR CONTENT POSTED, SHARED, OR TRANSMITTED ON THE SERVICES THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. BY USING THE ELTIMA IBC WEBSITE, YOU AGREE NOT TO:


  • “Stalk”, harass, threaten, or defraud other Users;
  • Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other Users;
  • Make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, “spam” or other junk messages;
  • Transmit any worms or viruses or any code of a destructive nature through the Eltima IBC Websites or Services;
  • Impersonate another person or Access a User Account not Your own without explicit permission from the User Account owner;
  • Share Eltima IBC-related key codes or passwords with a third party or encourage another User to do so;
  • Misrepresent the source, identity, or content of information transmitted via the Eltima IBC Website, for example, claiming to be someone that you are not;
  • Use the Eltima IBC Website or Services for any illegal or unlawful purpose;
  • Interfere with any security-related features of the Eltima IBC Website, Services, or otherwise attempt to gain unauthorized access to the Eltima IBC Website, Services, other accounts, computer systems or networks connected to the Eltima IBC Website, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Eltima IBC Website or any activities conducted on the Eltima IBC Website;
  • Intentionally interfere with the operation of the Eltima IBC Website or Services or any User’s enjoyment of them;
  • Post inflammatory statements to get responses; and
  • Use the Website or Services in any manner that in Eltima IBC’s sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s Use and enjoyment of the Eltima IBC Website or Services.

ELTIMA IBC IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU, YOUR USER ACCOUNT, OR ANY OF YOUR AFFILIATES. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE ELTIMA IBC WEBSITE AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS.


7. PAYMENT TERMS


7.1 Subscription Plans. Eltima IBC may offer Services based on a one-time payment or on a Subscription Plan basis. The prices and features available to You regarding any Subscription Plan will be indicated on the Website and may contain additional terms and conditions, which shall be construed in accordance with Section 2.2, above (“Subscription Plan”). A Subscription Plan is typically offered on a month-to-month or annual basis. However, Eltima IBC reserves the right to change the prices, alter the features, or amend the length of a Subscription Plan upon notice to You. Any change to price or length regarding Your Subscription Plan will not take immediate effect but will become implemented upon the end of Your current Subscription Plan, whether month-to-month or annual. A Subscription Plan will continue to renew in perpetuity until either canceled by You or Eltima IBC.


7.2 Billing/Contact Information. The responsibility of providing accurate and complete billing and contact information stemming from any purchases falls solely on You. Eltima IBC is not responsible for any inaccuracies or omissions by You during the payment procedure, whether or not these inaccuracies or omissions negatively affect Your ability to download or use Eltima IBC Services and/or Website.


7.3 Discounts; Free Trials and Special Offers. Eltima IBC may offer select discounts as indicated on the Website. Such discounts are in the sole discretion of Eltima IBC and may be updated or modified from time to time, as will be provided on the Website. If You participate in any Special Offers or Trial Periods, the validity period of such an agreement will be stipulated on the offer itself, however, if not so stipulated, the time period shall not exceed thirty (30) days. Such Trial Periods and Special Offers may include their own additional terms and conditions which shall take precedence over any conflicting terms and conditions in these Terms of Service, in accordance with Section 2.2, above. To receive more information about a Discount, Free Trial, or Demo version, please contact Eltima IBC as outlined in Section 23, below.


7.4 Payment. Eltima IBC accepts credit/debit card, PayPal, PayNearMe, wire transfer(s), and check/money order payments. Other payment methods also may be available to You depending on where You are geographically located. Additionally, Eltima IBC allows for Users to make a payment in the currency of their choice. The currency exchange rate is automatically determined by the payment processing service used and Your bank should automatically convert the price.


7.5 Third-Party Invoices. At Eltima’s sole discretion, You may be given the opportunity to pay any current invoices due to Eltima IBC by using a third-party payment system or merchant account, such as PayNearMe or PayPal (“Payment System”). Eltima IBC does not charge You for electronic invoice payments, however, some Payment Systems may charge a fee to transfer funds. Eltima IBC does not control and is not responsible for any problems associated with the operation of these Payment Systems.


7.6 Tax Responsibility. Unless otherwise provided, all invoices, pricing, and quotes given or made by Eltima IBC are exclusive of all taxes. You are solely responsible for paying any applicable taxes pertaining to Your relationship with Eltima IBC and Use of its Services, including but not limited to sales tax, Value-added tax (VAT), goods and services tax (GST), excise, withholding, or similar levies or taxes whether foreign or domestic. Similarly, You are solely responsible for any penalties or the like due stemming from a failure to pay appropriate duties and/or taxes. Any such payments, taxes, or duties, or the like will not be subtracted from any amount You owe Eltima IBC. If a certificate of exemption or similar document or proceeding is to be made in order to exempt the sale from sales or use tax liability. You will be responsible for obtaining and providing Eltima IBC with such certificate, document or proceeding.

If Eltima IBC is required by law to make any deduction or withholding, You will take such reasonable steps to minimize or reduce such deduction as permitted by law. In that case, Eltima IBC may, but shall not be obligated, to assist You in this regard, including compliance with the procedures for claiming relief under applicable provisions of applicable tax treaties. Eltima IBC shall make such deduction or withholding as required in accordance with applicable law and the total of any amount so deducted or withheld and the remainder remitted to You will be deemed to be payment in full. You acknowledge and agree that any payments to You will be made against an invoice and/or any other documentation as may be required indicating the full value of the goods and/or services provided.


8. REFUND POLICY


8.1 No Refunds; Grace-Period Policy. Because of the nature of Eltima’s Services, all sales are FINAL. However, Eltima IBC provides a 14-day grace period during which You may qualify to receive a refund or replacement (“Grace-Period Policy”). You may qualify under the Grace-Period Policy where (i) the Services or product is malfunctioning on the User’s computer/mobile device (i.e., according to the features described on the product’s website or other official product documents); (ii) Eltima IBC is notified in writing (pursuant to Section 29, below) by the User/purchaser of the details concerning the issue and receives assistance from the User should any further consumer-side details need to be determined; and (iii) Eltima IBC is unable to address the malfunction within a reasonable amount of time. In the event that conditions (i), (ii), and (iii) above are met, a full refund will be provided to the purchaser without any additional compensation or reimbursement, or, at the User/purchaser’s election, replacement Services or a product of the same or similar value may be provided. To inquire about or initiate the Grace-Period Policy, please contact Eltima’s Help Team as outlined in Section 23, below.


8.2 European Union (EU) Residents. Because of the nature of Eltima’s Services, if You are a European Union (“EU”) resident, upon purchase of any Eltima IBC Services You will lose Your right of withdrawal under the Consumer Rights Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 (“CRD”). Your loss of the right of withdrawal is based upon CRD Article 16(m), which omits the purchase of “digital content” from the right of withdrawal. Upon purchasing Eltima IBC Services, You expressly consent to the performance of the purchase contract and ACKNOWLEDGE that You will lose the right of withdrawal. In such a case, effectively, Eltima IBC offers NO REFUNDS to EU residents pursuant to the CRD.


8.3 Demo/Free Trial Version. Because no refunds are offered based on the nature of the Services provided, Eltima IBC strives to provide You with Services and products of the highest degree as well as the best technical, sales, and informational support services. Eltima IBC wants You to be fully informed as to the capabilities and functions of its Services before Your purchase of any Services. As part of this commitment, Eltima IBC may offer demo and/or free trial versions to help assist You in determining which Services are appropriate for Your needs. For more information about Services or for assistance in determining which Services or product is best for You, contact the Help Team as provided in Section 23, below.


8.4 Grace-Period Policy Procedure. A request under the Grace-Period Policy must (i) be made within fourteen (14) days of the original purchase date; (ii) be sent to the Help Team (as provided in Section 23, below); and (iii) contain the order reference number along with a detailed and grounded reason(s) for the refund or replacement (“Grace-Period Request”). Upon submission of a Grace-Period Request, please allow up to 72 hours for a response to Your inquiry (if the matter is urgent please label the communication as such). Upon response from Eltima IBC regarding Your Grace-Period Request, please provide any details or information requested by the Help Team in order help process Your request. Should a Grace-Period Request be approved, Eltima IBC should fully process the refund or replacement within 72 hours. If You choose a replacement, the Help Team will guide You through the process. If You choose a refund, the purchaser will be refunded in the same currency in which they purchased the Services or product, refunded to the credit/debit card or bank account used for the purchase, and in the case of checks or money-order purchases, a check will be sent to the original purchaser. Depending on Services or product version purchased, Eltima IBC may also require additional actions on Your part before a Grace-Period Request may be finalized, e.g., returning a boxed CD version of the Services. All Grace-Period Requests are reviewed during business hours only, Monday to Friday, 08:00-17:00 CET (Central European Time).


8.5 Cases Ineligible under Grace-Period Policy. As a non-exclusive list of examples, the following cases are ineligible for a refund or replacement under the Grace-Period Policy: (i) User/purchaser refuses to follow instructions of the Help Team or doesn’t provide the necessary assistance; (ii) there is a “fix” or a “workaround” to the issue reported as a reason for a Grace-Period Request; (iii) the Services were purchased by mistake or on a wrongful assumption of Services and their associated capabilities; (iv) there is a functionality peculiarity that is mentioned in the Services’ user guide or on the product’s webpage; (v) the User/purchaser purchased the software for an operating system different from that used by the User (in such a case Eltima IBC reserves the right to change the License for the proper operating system); (vi) the User/purchaser did not read the License description and purchased a license type that does not meet their needs; (vii) the bug reported was fixed in a newer version than the User owns, but the User refuses to upgrade; (viii) the problem is caused by the User’s system or network settings or by a third-party application or device; (ix) the User changed their mind and no longer wants the Services for non-technical reasons; (x) the Services purchased were lost, stolen, damaged, or traded; (xi) the Services were ordered as part of a limited-time offer; (xii) the User purchased or downloaded another software in attempt to replace the Services purchased; (xiii) the User purchased the Services from a third party not related to Eltima IBC, and not an Eltima IBC licensed reseller (to ensure You purchase from a licensed Eltima IBC reseller contact the Help Team as outlined in Section 23, below); and (xiv) a refund is requested due to an issue that could have been detected previously through use of the free demo/trial version—for the Services are provided “as is”.


9. UPGRADE POLICY


9.1 General. Eltima IBC strives to provide outstanding maintenance of its products and Services which includes technical support from the Help Team and regular new releases. This strive for outstanding maintenance means that Eltima IBC regularly releases new minor and major versions of products and Services.


9.2 Software Upgrade Release. A software upgrade release can be major or minor; thus, to help determine the significance of an upgrade, use the following method: a major upgrade will change the version number of a product/service (i.e., the leftmost number); whereas, a minor upgrade will usually follow the original version number with “.01”, “.02”, “.03”, etc. (i.e., the rightmost number). As a further example, version 2.0.0.20 signifies that 20 minor upgrades have taken place on version 2.


9.3 Upgrade Cost. Minor updates are generally free, unless otherwise stated, however, major upgrades must be purchased. Such upgrade costs vary between Services, so in order to best inform You of potential costs for major or minor upgrades, please contact the Help Team, as outlined in Section 23.


9.4 Notifications of Upgrades; Upgrades. Eltima IBC offers subscription services for Product Update Notifications. To subscribe for Product Update Notifications, You simply select the product(s) and/or Services in which You are interested, click “Subscribe,” and Eltima IBC will begin sending You emails or notifications whenever a new build or version of the product(s) or Services are released. In order to see the changes or enhancements for any product developed by Eltima IBC, locate a product features page on the Website, then scroll to the bottom of the page and click “Release notes.” This will allow You to view exact dates, builds, and version numbers, as well as view the full list of features added or fixed.


To initiate a major upgrade simply download the latest build or product from the Download Area and use Your current registration information. If You discover that the build You have is not the most recent available but is within Your major version, follow these steps: (i) download the installer, as applicable, from the product page, the Download Area, or the link in the Upgrade Notification email (if received); (ii) install the latest build; (iii) launch the newly installed application and check whether it is registered; (iv) if the software seems to be in Demo mode, enter Your registration information (i.e., name and code) to unlock the software; (v) in some cases, You will have to restart the application in order for the license to apply. For a more detailed explanation of these steps please reach out to the Help Team as outlined in Section 23.


9.5 Upgrades Based on Bug Fixes. Eltima IBC guarantees that all bug reports that are submitted by registered Users will be investigated by Eltima IBC testers in accordance with the User’s applicable support plan, and nevertheless, a fix will be provided in a timely fashion. If a User reports a bug that was already fixed in a previous version, Eltima IBC may recommend the User to upgrade to the latest version in order to eliminate the problem. Also note, a bug that was fixed in a newer version than a User owns does not qualify for a refund under the Grace-Period Policy, outlined in Section 8, above.


9.6 Lifetime Upgrade Guarantee. Eltima IBC also offers a Lifetime Upgrade Guarantee in order for You to avoid paying for new major upgrades in the future. This Guarantee may be purchased for 30% of the original cost of the license (but not less than $9.95 USD), or 50% of the original price for certain Mac products (i.e., Commander One, CloudMounter, Uplet, and Photobulk). The Lifetime Upgrade Guarantee is not a Subscription Plan but is a one-time purchase that will always allow You to have the most up-to-date version of applicable Licenses.


10. SUPPLY AND RIGHT TO SERVICE


The term of these Terms of Service shall begin when You start using Eltima IBC Services and shall continue in perpetuity unless otherwise terminated by You or Eltima IBC by written notice (which includes electronic means), in accordance with Sections 7 and 22 hereof. Eltima IBC expressly reserves the right to immediately change, discontinue, limit, or suspend Your Services at any time, upon a good faith belief that Your Use of Eltima IBC Services will be injurious to Eltima IBC, others, or the public, or in violation of these Terms of Service. Upon the termination or expiration of Your Services, You must immediately cease Using the Eltima IBC Website and all of its Services. UPON TERMINATION OF YOUR AGREEMENT WITH ELTIMS IBC, YOU WILL NO LONGER BE AUTHORIZED TO USE OR TAKE ADVANTAGE OF ELTIMA IBC SERVICES IN ANY WAY.


11. USER CONTENT


11.1 General. User Account holders may be able to upload, store or transfer files, videos, pictures, data, information, and other material (“User Content”) through the Website and Services. Eltima IBC does not own any User Content and does not monitor, edit, or disclose any information regarding You or Your User Account without Your prior permission, except in accordance with these Terms of Service or Privacy Policy, as outlined in Section 15 below.


11.2 User-Uploaded Content. Whether uploaded directly from Your computer or from an online cloud-based platform, Eltima IBC shall not be responsible for any corruption of files, loss of data, breach of security, hacks, viruses, or any similar compromises of data You experience; this liability will solely fall upon the User and/or any third-party platform or service said User uses in order to upload User Content onto the Eltima IBC Website or Services.


11.3 Monitoring of User Content. Eltima IBC also does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or Accessed by You or any other User of the Website or Services. However, Eltima IBC reserves the right, solely in its own sole discretion, to refuse, remove, or disable access to User Content that Eltima IBC learns may be illegal or may violate these Terms of Service, although it has no obligation to do so. Eltima’s action or inaction to regulate Content or conduct, or to enforce against any potential violation of these Terms of Service by any User (or any other third party), does not waive Eltima IBC’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.


11.4 Responsibility for User Content. Eltima IBC does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for Your Access to, Use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It Your responsibility to investigate the licensing of any User Content prior to Using such User Content in any way and to ensure that Your Use of any such User Content complies with all applicable laws, licensing requirements and does not infringe any third-party proprietary rights. You are also responsible for any Content that You post or transmit as well as all Content posted or transmitted through or by Use of Your User Account.


11.5 Prohibited User Content. Types of User Content prohibited from the Website and Services includes but is not limited to: (i) illegal content; (ii) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (iii) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (iv) content that discloses another person’s personal, confidential, or proprietary information; (v) fraudulent content; (vi) malicious content such as malware or spyware; or (vii) content that offers, promotes, advertises or provides links to unsolicited products or services. Should You discover or come across content that You believe violates this Section or these Terms of Service, please use the Website Portal to “Report to Moderator” such Content, or contact the Help Team as outlined in Section 23, below.


12. YOUR WARRANTIES


YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO ELTIMA IBC IN CONNECTION WITH THE WEBSITE AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE (18 YEARS OLD) TO FORM A BINDING CONTRACT WITH ELTIMA IBC; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR USER MATERIALS, USER CONTENT, EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT YOU SUBMIT TO ELTIMA IBC OR MAKE AVAILABLE TO OTHER USERS OF THIS WEBSITE DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATION; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.


Any and all products downloaded or purchased from the Website and Services may be subject to United States export controls. You or Your representatives AGREE that You and Your End Users are not nor will be at any time in the future (i) located in a country embargoed by the United States; (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (OFAC); (iii) designated by the President or OFAC pursuant to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued pursuant to such statutes; (iv) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (v) if the undersigned is an individual or a company, named on the U.S. Treasury Department’s list of Specially Designated Nationals (SDN); or (vi) on the United States Commerce Department’s Table of Deny Orders.


13. INFORMATION AND MATERIALS PROVIDED BY YOU


The security of User information and Content is of the utmost importance to Eltima IBC. For this reason, all communications, documents, information, or Content submitted to, sent through, or stored on the Website and/or used for Services by You will be subject to these Terms of Service and Privacy Policy, as outlined in Section 15 below. Eltima’s Privacy Policy is subject to change at Eltima’s sole discretion, however, any Eltima IBC policy changes will not result in a material reduction in the level of protection provided for Your data.


14. CONFIDENTIALITY


All User Content provided by You shall be considered confidential including information regarding Your business and products, and all such information shall remain as Your intellectual property and will be held strictly confidential by Eltima IBC, and except as expressly authorized by You in writing, shall not be divulged or published by Eltima IBC and shall not be authorized by Eltima IBC to be divulged or published by others. Confidential information for purposes of this paragraph shall not include the following:


  • Information, which is or becomes available to the general public, provided the disclosure of such information did not result from a breach by Eltima IBC of this paragraph; and
  • Any Content or material (whether or not User Content) that breaches Sections 3, 4, 6, 11.5, or any other Sections herein.

15. PRIVACY POLICY


Eltima IBC respects Your privacy and the use and protection of Your Personal Information. Please see Eltima IBC’s Privacy Policy at https://wiki.eltima.com/policies/policies.html for important information and disclosures relating to the collection and use of Your Personal Information in connection with Your use of the Eltima IBC Website and Services.


16. INTELLECTUAL PROPERTY (IP)


16.1 Sole Ownership of IP Rights. The Eltima IBC Website, in its entirety (except for User Content), including the Eltima IBC Website name and logo, and all other Eltima IBC Services, Content, site design, text, data, interfaces, product and service names, design marks, logos, button icons, legends, images, photographs, music, audio or video clips, titles, page headers, graphics, software and the selection, expression, structure, arrangement, coordination, enhancement and presentation of said elements, as well as the “look and feel” of the Eltima IBC Website (including color combinations, layout, design and all other graphical elements), are the sole property of Eltima IBC and/or its authorized affiliates or Licensors. The foregoing elements of Eltima IBC are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied, used or re-used for any purpose not expressly authorized in these Terms of Service, without Eltima’s prior written permission. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Material published by Eltima IBC on the Eltima IBC Website may contain other proprietary notices or describe products, services, processes, or technologies owned by Eltima IBC to which the same such protections and rights discussed above will exist, unless such material is rightly owned by a third party.


16.2 Use of Eltima IBC IP. Nothing in these Terms of Service or through the Use of Eltima IBC Services shall be construed as granting You a license to Use such material under any copyright, service mark, trademark, patent or other intellectual property right of Eltima IBC or any other third party, except as otherwise granted herein. Similarly, unless otherwise specifically provided herein or authorized by Eltima IBC in writing, all rights in the Website, Services, and Content not expressly granted to You is reserved by Eltima IBC. Pursuant to the License granted herein or as otherwise set forth, You AGREE not to copy, republish, frame, or make available for assign, download, distribution, lease, license, loan, modification, rent, sale, sublicense, transmission, reverse engineering, or creation of derivative works based on the Content, Website, Services, or Eltima IBC itself, other than in conjunction with the Services offered by Eltima IBC.


17. USER OWNERSHIP RIGHTS


17.1 Ownership of User Content. Except as provided in Section 17, hereof, Eltima IBC acknowledges and agrees that it claims no ownership or control, nor does it obtain any right, title, or interest from You under these Terms of Service to any User Content that You post, submit, or upload to the Eltima IBC Website or through its Services, including any intellectual property rights in Your User Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless agreed otherwise, You retain copyrights and any other rights You already hold in Your User Content. You alone are responsible for protecting those rights, as appropriate, and You AGREE that You are responsible for protecting and enforcing those rights and that Eltima IBC has no obligation to do so on Your behalf.


17.2 Right to Retain Copies. Eltima IBC reserves the right to retain a copy of all User Content that You post, upload, or submit to the Eltima IBC Website or through its Services. This retained Content, data, or User Content will be for the benefit of Eltima IBC in order to better experiences, functionalities, and Services for Users, monitor compliance with the Terms of Service, or for any other good faith purposes as Eltima IBC sees fit; however, Eltima IBC never publishes any User Content or data and treats such content as confidential information.


18. TOOLS AND STATISTICAL DATA


18.1 Monitoring of Services. Eltima IBC may use tools, scripts, software, and utilities (collectively, “tools”) to monitor and administer the Services and to help resolve any Eltima IBC service requests. The tools will not collect, report, or store any of Your data residing in the service production environment, except as necessary to troubleshoot service requests or other problems in the Services provided. Data collected by the tools (excluding production data) may also be used to assist in managing Eltima IBC’s product and service portfolio and for license management.


18.2 Statistical Information. Eltima IBC may compile statistical information related to the performance of its Services and may make such information publicly available, provided that such information does not incorporate and/or identify Your data, Your confidential information, or include Your company’s name. Eltima IBC retains all intellectual property rights in such statistical information.


19. THIRD-PARTY MATERIALS AND LINKING TO THE WEBSITE


19.1 General. The Website and Services may include links to other websites and/or third-party products that are not under Eltima’s control (collectively, “Third-Party Materials”). Third-Party Materials that may be appropriate or necessary for use with some Eltima IBC Services are specified in the Terms of Service, as applicable. Your right to use such Third-Party Materials is governed by the terms of the Third-Party Materials license agreement specified by Eltima IBC and not under these Terms of Service. Eltima IBC shall not be responsible in any way for such Third-Party Materials and requires that You to read the terms of service and privacy policy of these third parties before taking advantage of their services. Eltima IBC provides such links only for convenience to Users of the Website and Services, and the inclusion of any link to Third-Party Material(s) does not imply endorsement by Eltima IBC of the content, products and/or services of such Third-Party Material(s). Notwithstanding any provision to the contrary herein, nothing in these Terms of Service shall be construed as to grant You any rights or licenses with regard to such Third-Party Material(s) or to entitle You to use such Third-Party Material(s). By using any of these Third-Party Materials, You AGREE that Eltima IBC may share Your data associated with this use with any of these affiliated third parties to attain a specific result, as outlined in Eltima’s Privacy Policy in Section 15, above.


19.2 Linking to Website. Linking to this Website is permitted provided that You comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Eltima IBC endorses or sponsors the linker or its website, products or services. You must not use Eltima IBC’s intellectual property, including, but not limited to, trademarks, trade names, and copyrights without advance written permission from Eltima IBC. Furthermore, You AGREE to remove the link at any time upon Eltima IBC’s request.


20. LICENSES AND RIGHTS GRANTED TO ELTIMA IBC


Subject to the terms and conditions of these Terms of Service, each Party (“Mark Owner”) hereby grants the other Party (“Mark Licensee”), a non-exclusive, nontransferable, royalty-free, worldwide license to use its Marks to market and promote the services and/or products of the Mark Owner. Any use of the other Party’s Marks shall be subject to the Mark Owner’s right to review and approve, which approval shall not be unreasonably withheld, and shall conform with any trademark usage guidelines, polices, or requirements provided by the Mark Owner. Additionally, Users hereby grants Eltima IBC the right to publish, display, and/or refer to the final product developed pursuant hereto for promotional purposes.


21. ELTIMA IBC WARRANTIES AND DISCLAIMERS


21.1 Services “As Is” and “As Available.” EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ELTIMA IBC HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. ELTIMA IBC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, THE SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. ELTIMA IBC DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY ELTIMA IBC ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by Eltima IBC in writing, contractors, agents, dealers or distributors of Eltima IBC or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.


21.2 Use at Your Own Risk. THE USE OF THE ELTIMA IBC WEBSITE, SERVICES, OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE 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. ELTIMA IBC ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELTIMA IBC OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

The Website and Services may contain references to specific Eltima IBC products and Services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or Services shall be available at any time in any particular country.

You understand and AGREE that by Using the Website and Services, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website and Services at Your own risk.


21.3 Lack of Liability. IN NO EVENT SHALL ELTIMA IBC OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION). THIS REFUSAL OF LIABILITY SHALL EXIST UNDER ANY THEORY OF LIABILITY RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS, OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, OR ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF ELTIMA IBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST ELTIMA IBC PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO ELTIMA IBC IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.


21.4 Limitation of Liability. IN NO EVENT SHALL ELTIMA IBC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED THE COST OF THE PRODUCTS OR SERVICES PURCHASED. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


22. ENDING YOUR RELATIONSHIP WITH ELTIMA IBC


These Terms of Service will continue to apply until terminated by either You or Eltima IBC in accordance with these Terms of Service. If You want to terminate Your legal agreement with Eltima IBC, You may do so by: (i) notifying Eltima IBC at any time, and (ii) closing Your accounts for all of the Services which You use. Any notice of termination should be sent to ping@eltima.com. Eltima IBC reserves the right to terminate its legal agreement with You at its sole discretion.


23. THE HELP TEAM


Eltima IBC offers technical support for its Users at no extra cost through the Help Team. In order to receive technical support from the Help Team, You should contact Eltima IBC at ping@eltima.com or through the Eltima IBC Website Portal. In such communication, You should describe the nature of the problem to be resolved as well as other necessary information such as Your username, name, email, phone number, etc. The Help Team will make all reasonable efforts to respond to such requests in a timely manner. You must cooperate with the Help Team when seeking technical support services by providing information necessary to assist the Help Team or as requested by the Help Team while diagnosing or resolving the issue(s). Although the Help Team cannot guarantee that a technical support issue will be resolved, the Help Team will make all reasonable efforts to perform technical support services in a professional manner and to the satisfaction of You.

The Help Team is available Monday through Friday, 08:00 to 17:00 Central European Time (CET). Typical response time for the Help Team is between 24 and 48-hours over business days and is provided in English. Eltima IBC makes no warranties or guarantees that the Help Team can resolve Your technical issues; however, the Help Team will strive to assist in answering Your questions, resolving technical issues, and addressing configuration, installation, and usage matters.


24. FEEDBACK


You may from time to time provide suggestions, comments, or other feedback to Eltima IBC with respect to any product, material, software, or information provided by Eltima IBC (“Feedback”). Such Feedback is warmly appreciated and welcomed as Eltima IBC strives to bring You the best possible Services. All Feedback is and shall be entirely voluntary and shall not, absent a separate agreement, create any confidentiality obligation for Eltima IBC. Eltima IBC will not disclose the source of any Feedback without notice to the providing party. However, Eltima IBC shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either Your or Eltima IBC’s obligations hereunder with respect to the information protected pursuant to Eltima IBC’s Privacy Policy, as outlined in Section 15 above.


The following methods can be used to communicate Feedback with Eltima IBC, or in general:



25. CLAIMS OF COPYRIGHT AND TRADEMARK INFRINGEMENT


25.1 Notice and Procedure. See Sections 25.2 to 25.4 below.


25.2 Digital Millennium Copyright Act (DMCA). Eltima IBC takes seriously all alleged copyright infringements and will respond accordingly to notices of any and all alleged copyright infringement that complies with applicable international intellectual property law (including the DMCA, which is applicable in the United States). If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Eltima IBC’s Copyright Agent with the written information specified below:


  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed upon;
  • A description of where the material that You claim is infringing is located on this Website;
  • 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 owner or authorized to act on the copyright owner's behalf.

Eltima IBC’s Copyright Agent for notice of claims of copyright infringement on this Website and/or Services can be reached as follows:


Philip A. Nicolosi
Phil Nicolosi Law, P.C.
6735 Vistagreen Way, Suite 210
Rockford, IL 61107
(815)314-0022

dmca@philnicolosilaw.com


For clarity, only DMCA notices should go to the Copyright Agent. Any other Feedback, comments, requests for Help Team support, and other communications You may have should be directed to Eltima IBC as outlined in Sections 23 and 24, above. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.


*Please note that the above procedure is exclusively for notifying Eltima IBC and its affiliates that Your copyrighted material may have been infringed.


25.3 Counter-Notice. If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and/or use the material in Your User Content, You may send a counter-notice containing the following information to the Copyright Agent:

  • Identification of the User Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
  • A statement that You have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the Content;
  • A statement that You consent to the jurisdiction of the Federal court in the City of Alexandria, Virginia, and a statement that You will ACCEPT service of process from the person who provided notification of the alleged infringement;
  • Your name, address, telephone number, and email address; and
  • Your physical or electronic signature.

If a counter-notice is received by the Copyright Agent, Eltima IBC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Content provider, member, or User, Eltima IBC must replace or restore access to the removed content within 10 to 14 business days upon receipt of the counter-notice.


25.4 Trademark Infringement Notice. Eltima IBC recognizes the importance of trademarks and takes allegations of trademark infringement very seriously. If You are the trademark owner (or the authorized representative of the owner), You can report a claim of trademark infringement to Eltima IBC at ping@eltima.com. While Eltima IBC does not adjudicate disputes between parties in connection with trademark infringement or any other matter, Eltima IBC will make good faith effort to address Your concerns, including (in some instances) removing the infringing content or disabling access to the infringing content. However, in order to be assured that the claimed content is indeed infringing, Eltima IBC may require proof from You, such as, for example a trademark registration or a court order finding trademark infringement. Some Services or products on the Website are created and operated by third-party developers or service providers. As such, Eltima IBC does not have the ability to control the content made available through these applications or services. If You believe Your trademark has been infringed by a third-party service provider and not Eltima IBC, You should contact the third party directly with Your concerns.


26. SERVICE ACCESS


If the Website and/or Services are not available for any period or any time, Eltima IBC shall not be liable. Eltima IBC gives no warranties as to the accessibility, performance, or availability of its Website or Services. Temporary suspension of access to the Website or Services may occur without notice at Eltima IBC’s sole discretion including, without limitation, in the case of repair, maintenance, system failure, or for reasons beyond Eltima IBC’s control. Eltima IBC reserves the right to suspend the operation of its Website or Services but will only do so on a good faith basis. You AGREE that neither Eltima IBC nor its third-party providers will be liable to You in any way for the termination, suspension, interruption, or delay of Your Services, Products, or access to the Eltima IBC Website.


27. INDEMNIFICATION


You hereby AGREE to indemnify and hold harmless Eltima IBC, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty, or liability, which includes reasonable attorney fees and other professionals’ costs, which are payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of User Content or Your breach of any representation, warranty, obligation, or covenant of these Terms of Service, or any products or Services purchased or obtained by You in connection with the Eltima IBC Website.


Eltima IBC retains the exclusive right to compromise, pay, and settle, without Your consent, any and all claims or causes of action that are brought against Eltima IBC. Eltima IBC also reserves the right, at Your expense, to assume the exclusive control or defense of any matter for which You are required to indemnify Eltima IBC and You AGREE to cooperate with the defense of these claims. You AGREE not to settle any matter in which Eltima IBC is named as a defendant and/or for which You have indemnity obligations under Section 27, hereof, without Eltima IBC’s prior written Consent. Eltima IBC will use all reasonable efforts to communicate with and notify You of any such action, claim, or other proceeding in an acceptable and timely manner.


28. ASSIGNMENT


Eltima IBC may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without Eltima IBC’s prior written consent, and any unauthorized assignment and delegation by You shall be void and ineffective.


29. AGREEMENT TO DEAL ELECTRONICALLY


All transactions with or through the Website or Services shall, unless initiated otherwise at Eltima IBC’s option, be conducted and executed electronically. Eltima IBC may keep records of any type of communication conducted via the Website or Services. You AGREE to receive and send electronic communications with Eltima IBC, which shall include all agreements, disclosures, and notifications. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.


30. MISCELLANEOUS


30.1 Injunctive Relief. You acknowledge and AGREE that any violation or breach of these Terms of Service may cause Eltima IBC immediate and irreparable harm and damage. As a result, Eltima IBC has the right to, and may in its sole discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief against You regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Eltima IBC in law or in equity, Eltima IBC may seek specific performance of any term in these Terms of Service.


30.2 Force Majeure. With the exception of payment obligations, neither You nor Eltima IBC will be liable for the failure to abide by or to perform an obligation under these Terms of Service, to the extent that such failure is caused by a force majeure event. A force majeure event includes acts of God, action by a governmental entity, civil disturbances, loss of electricity and/or telecommunications, natural disasters, strike, terrorism, war, or any other such extreme event beyond the reasonable control of either You or Eltima IBC.


30.3 Severability. These Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms of Service is held to be invalid or unenforceable under applicable law, then (i) such provision will be interpreted, construed, or reformed to the extent necessary to render the same outcome as attempted in the original writing (or as close thereto as possible); and (ii) such invalidity or unenforceability will not affect any other provision of these Terms of Service. However, if any material limitation or restriction is deemed illegal, invalid, or otherwise unenforceable in regards to the User’s License (as outlined in Section 4, above), the License will immediately terminate.


30.4 Waiver; Terms of Service Rights. In the case Eltima IBC or You waive any breach or rights under these Terms of Service, this waiver will affect only that particular situation and will not waive any other future breach or rights. Additionally, the failure of Eltima IBC to enforce these Terms of Service under strict performance will not be construed as a waiver of Eltima IBC’s rights and remedies, herein, nor shall the particular failure to enforce said situation stand as precedent that Eltima IBC does not enforce these Terms of Service under strict performance. Eltima IBC fully intends to enforce these Terms of Service in strict performance, however, Eltima IBC reserves the right to enforce and waive breaches, remedies, and rights on a case-by-case basis. Any such waiver, as discussed above, must be made in writing and executed by Eltima IBC, and when appropriate You, in order for any effect to be given to said waiver. No waiver will be effective without Eltima IBC’s authorized signature, and when Your signature is required, no waiver also will be effective without Your authorized signature, unless Eltima IBC can prove reasonable efforts were given or bad faith is at issue.


30.5 Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Virginia without reference to conflicts of law rules and principles. In the event of a dispute arising from or relating to the subject matter of these Terms of Service, suit may be brought only in the United States District Court for the Eastern District of Virginia, Alexandria Division, provided that, in the event that suit may not be brought in the United States District Court for the Eastern District of Virginia, Alexandria Division, suit may be brought in any court of competent jurisdiction in the Commonwealth of Virginia. You further AGREE to submit to the personal jurisdiction of any such court in the Commonwealth of Virginia for purposes of adjudicating any dispute arising from or relating to the subject matter of these Terms of Service and You AGREE to accept service of process in connection with any such suit. You also AGREE to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, relating to, or in connection with these Terms of Service or the Website or Services, provided that such exclusivity does not apply to legal actions initiated or brought by Eltima IBC. These Terms of Service shall not be governed by the United Nations Convention on Contracts (CISG), the application of which is expressly excluded.


30.6 Entire Agreement. These Terms of Service, including if not superseded by the most recent version (by calendar date of implementation) of Eltima IBC’s Terms of Service, constitute the entirety of the agreement between Eltima IBC and You to Access and Use the Eltima IBC Website and Services. As stated in Section 30.4, no waivers will be given effect that are not in writing, and likewise, no other documents shall be consulted or are necessary in interpreting this agreement between Eltima IBC and You, besides these Terms of Service. Unless allowed for or excepted by these Terms of Service, the agreement between You and Eltima IBC is wholly contained, herein.


ELTIMA IBC DOES NOT BEAR ANY RESPONSIBILITY NOR ASSUMES ANY RISKS IF BY ANY REASON A PRODUCT OR A SERVICE MADE AVAILABLE ON THE WEBSITE BREACHES NATIONAL LAW OF ANY COUNTRY. THOSE WHO ACCESS THE WEBSITE OR SERVICES DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH THEIR NATIONAL LAWS.


General questions to Eltima IBC may be submitted at ping@eltima.com, or as outlined in Section 24, above.