Vareos™ Terms and Conditions
Last Updated: September 14, 2011
Vareos™ Terms of Service
1. Agreement Overview
1.3 By accessing the Web Site or using the Service, you further represent and warrant that you are of legal age to form a binding contract with Savarese Software Research Corporation, that you are otherwise legally qualified to enter into contracts under applicable law, and that you are not a person barred from using the Service under the laws of the United States of America or other countries, including the country in which you reside or from which you access the Web Site or use the Service.
2. Changes to the Agreement
2.2 Savarese Software Research Corporation may, at any time and without notice, modify or discontinue the Web Site and/or Service. You agree that Savarese Software Research Corporation shall have no obligation of any sort in connection with any modification or discontinuance of the Web Site or Service.
3. Acceptance of Terms
3.1 In order to access the Web Site or use the Service, you must first agree to the terms of this Agreement. You may not access the Web Site or use the Service if you do not accept the terms of this Agreement.
3.2 You can accept the terms of this Agreement by clicking on a designated user interface element to accept or agree to the terms when creating an account. In addition, you accept the terms of this Agreement by actually using the Service.
3.3 You may not access the Web Site or use the Service if you are not of legal age to form a binding contract with Savarese Software Research Corporation or are not otherwise legally qualified to enter into contracts under applicable law.
4. Delivery of Service
4.1 Savarese Software Research Corporation constantly enhances and improves its software and services for the benefit of its customers. You acknowledge and agree that the Service may change without prior notice to you from time to time in terms of functionality, presentation, and fundamental nature.
4.2 As part of ongoing enhancement, improvement, and innovation, you acknowledge and agree that Savarese Software Research Corporation may stop—permanently or temporarily—providing the Service or any features of the Service to you or to users generally at the sole discretion of Savarese Software Research Corporation and without prior notice to you.
4.3 You acknowledge and agree that if Savarese Software Research Corporation disables access to your account, you may be prevented from accessing the Service, your account information or any files or other content stored in your accounts.
4.4 You acknowledge and agree that Savarese Software Research Corporation may at any time impose a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space you may consume.
5. Use of Service
5.1 In order to access the Service, you may be required to provide information about yourself. This information may be requested at the time of account creation or as part of your continued use of the Service. You agree that the information you provide to Savarese Software Research Corporation will always be accurate, correct, and up to date.
5.2 You agree to use the Service only for purposes permitted by this Agreement and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
5.3 You agree not to access or attempt to access the Service by any means other than through the interface that is provided by Savarese Software Research Corporation. You specifically agree not to access or attempt to access the Service through any automated means, including the use of scripts or Web crawlers.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Service or the servers and networks which are connected to the Service.
5.5 You agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Service for any purpose.
5.6 You agree that you are solely responsible for—and that Savarese Software Research Corporation has no responsibility to you or to any third party for— any breach of your obligations under the Agreement and for the consequences of any such breach.
6. Account Security
6.1 You agree and understand that you are responsible for maintaining the secrecy of passwords associated with the account you use to access the Service.
6.2 You agree that you will be solely responsible to Savarese Software Research Corporation for all activities, actions, and side-effects resulting from the use of your account. You agree not to allow anyone other than yourself to use your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Savarese Software Research Corporation immediately.
7. Service Content
7.1 You understand that all information which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content (“Content”) originated. This Content includes, but is not limited to, data files, written text, software, music, audio, and multimedia.
7.2 Savarese Software Research Corporation reserves the right (but shall have no obligation) to review, flag, filter, modify, refuse, or remove any or all Content from the Service.
7.3 You agree that you are solely responsible for (and that Savarese Software Research Corporation has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage to Savarese Software Research Corporation) by doing so.
8.1 You acknowledge and agree that Savarese Software Research Corporation owns all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by Savarese Software Research Corporation and that you shall not disclose such information without prior written consent from Savarese Software Research Corporation.
8.2 Nothing in the Agreement gives you a right to use any of Savarese Software Research Corporation's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Service.
8.4 Unless you have been expressly authorized to do so in writing by Savarese Software Research Corporation, you agree that in using the Service, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8.5 Savarese Software Research Corporation gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Savarese Software Research Corporation as part of the Service as provided to you by Savarese Software Research Corporation (referred to as the “Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Savarese Software Research Corporation, in the manner permitted by the Agreement.
8.6 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
8.7 You may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
8.8 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the content you give Savarese Software Research Corporation a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Service.
8.9 You understand and permit that Savarese Software Research Corporation, in performing the required operations to provide the Service, may transmit or distribute your Content over various public networks and in various media; and may make such changes to your Content as are necessary to adapt that Content to the technical requirements of connecting networks, devices, services, or media.
8.10 You confirm and warrant that you have all the rights, power, and authority necessary to grant the above license.
9. Play Tests and Beta Tests
9.1 You may be given the opportunity to test new applications, games, and site features. You agree that your participation as a playtester and/or beta tester is subject to the following terms and conditions.
9.2 Closed tests are confidential. The pre-release applications or games—including information about features and functionality to be offered as part of the applications or games—are confidential. If you participate in a closed test, you will use your best efforts to safeguard and to prevent unauthorized access to, copying, disclosure, and unauthorized use of the pre-release applications or games. You will carry out the testing personally and not provide access to pre-release applications or games to any other person. You agree that breach of the above confidentiality obligations will cause irreparable harm to Savarese Software Research Corporation, and that Savarese Software Research Corporation is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the test applications or games confidential will continue until Savarese Software Research Corporation publicly distributes, or has otherwise disclosed to the public through no fault of yours, each of the applications or games and the content that you are testing.
9.3 As a playtester or beta tester, you are invited to use or play pre-release applications or games for the sole purpose of evaluating the applications or games and identifying errors. Nothing in this Agreement, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the pre-release applications or games or content that you find here. The pre-release applications or games are provided for testing on an “as is” “as available” basis and we make no warranty to you of any kind, express or implied.
9.4 When using or playing some pre-release applications or games you may accumulate credits, experience points, equipment, or other value or status indicators. This data may be reset at any time during the testing process, and it may be reset when the particular application or game completes this testing phase. In this case, all user or player history and data will be erased and each user or player will return to initial status.
9.5 By using or playing a pre-release application or game, you agree that:
- using or playing a beta application or game is at your own risk and that you know that the applications or games may include known or unknown bugs,
- any value or status indicators that you achieve through application use or game play may be erased at any time,
- Savarese Software Research Corporation has no obligation to make these applications or games available for play without charge for any period of time, nor to make them available at all,
- these applications or games may be available only by subscription once the testing process is complete or at any time in the future,
- if it is a closed test, you will keep all information about the beta applications or games confidential as stated above and not disclose such information to any other person.
9.6 Test accounts are non-transferable under any circumstances.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE WEB SITE, THE SERVICE, THE INTERNET, AND ANY SOFTWARE PRODUCED BY SAVARESE SOFTWARE RESEARCH CORPORATION IS AT YOUR SOLE RISK AND THAT EACH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
10.2 SAVARESE SOFTWARE RESEARCH CORPORATION PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SAVARESE SOFTWARE RESEARCH CORPORATION WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
10.3 SAVARESE SOFTWARE RESEARCH CORPORATION DOES NOT WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
10.4 YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVARESE SOFTWARE RESEARCH CORPORATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT
10.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SAVARESE SOFTWARE RESEARCH CORPORATION OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT.
10.7 YOU ACKNOWLEDGE AND AGREE THAT SAVARESE SOFTWARE RESEARCH CORPORATION, ITS SUBSIDIARIES, LICENSORS, AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF SOFTWARE PRODUCED BY SAVARESE SOFTWARE RESEARCH CORPORATION.
10.8 IN NO CASE SHALL SAVARESE SOFTWARE RESEARCH CORPORATION'S OR ITS SUBSIDIARIES', LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SAVARESE SOFTWARE RESEARCH CORPORATION FOR THE SERVICE.
10.9 IN NO CASE SHALL SAVARESE SOFTWARE RESEARCH CORPORATION BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, THE SERVICE, THE INTERNET, OR ANY SOFTWARE PRODUCED BY SAVARESE SOFTWARE RESEARCH CORPORATION. NOR SHALL SAVARESE SOFTWARE RESEARCH CORPORATION BE LIBABLE FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH THE SERVICE.
10.10 BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SAVARESE SOFTWARE RESEARCH CORPORATION'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
10.11 SAVARESE SOFTWARE RESEARCH CORPORATION DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE WEB SITE AND/OR SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10.12 SAVARESE SOFTWARE RESEARCH CORPORATION FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.1 You agree to defend, indemnify and hold harmless Savarese Software Research Corporation and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on the Service.
11.2 Savarese Software Research Corporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Savarese Software Research Corporation in that matter. This section shall survive termination of this Agreement.
12. General Legal Terms
12.1 If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.