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TERMS OF USE
ULTIMedia COMPANY WEB SITE TERMS OF USE
AND LEGAL RESTRICTIONS. ATTENTION: THIS LEGAL NOTICE AND THESE TERMS APPLY
TO THE ENTIRE CONTENTS OF THIS WORLD WIDE WEB SITE UNDER THE DOMAIN NAME
wwww.borne-kiosk.net
AND TO ANY CORRESPONDENCE BY EMAIL BETWEEN US. PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT
YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS , DO NOT USE
THIS WEB SITE.
Use of Site
ULTIMedia authorizes you to view and download
the materials at this Web site only for your personal, non-commercial
use, provided that you retain all copyright and other proprietary notices
contained in the original materials on any copies of the materials. You
may not modify the materials at this Site in any way or reproduce or publicly
display, perform, or distribute or otherwise use them for any public or
commercial purpose. For purposes of these Terms, any use of these materials
on any other Web site or networked computer environment for any purpose
is prohibited. The materials at this Site are copyrighted and any unauthorized
use of any materials at this Site may violate copyright, trademark, and
other laws. If you breach any of these Terms, your authorization to use
this Site automatically terminates and you must immediately destroy any
downloaded or printed materials.
Use of Software
If you download software from this Site,
use of the Software is subject to the license terms in the Software License
Agreement that accompanies or is provided with the Software. You may not
download or install the Software until you have read and accepted the
terms of the Software License Agreement User.
Submissions
Other than personally identifiable information,
any material, information or other communication you transmit or post
to this Site will be considered non-confidential and non-proprietary .
ULTIMedia will have no obligations with respect to the Communications.
ULTIMedia and its designees will be free to copy, disclose, distribute,
incorporate and otherwise use the Communications and all data, images,
sounds, text, and other things embodied therein for any and all commercial
or non-commercial purposes. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libelous, defamatory,
obscene, pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence,
in breach of privacy or for which you have not obtained all necessary
licences and/or approvals or which may cause annoyance or inconvenience
or other material that would violate any law. You also agree that any
Communications you make shall not constitute or encourage conduct that
would be considered a criminal offence, give rise to civil liability,
or otherwise be contrary to the law of, or infringe the rights of any
third party enforceable in, any part of , any part of the United Kingdom,
the European Union, the United States or the Commonwetitleh. You must
also not transmit any technically harmful Communications to or through
this Site (including, without limitation, computer viruses, logic bombs,
Trojan horses, worms, harmful components, corrupted data or other malicious
software or harmful data) or engage in other practices of misuse (including,
without limitation, hacking). ULTIMedia will fully co-operate with any
law enforcement authorities or court order requesting or directing ULTIMedia
to disclose the identity or locate anyone posting any such materials or
content.
User Chat Rooms
ULTIMedia may, but is not obligated to, monitor
or review any areas on the Site where users transmit or post Communications
or communicate solely with each other, including but not limited to chat
rooms, bulletin boards or other user forums, and the content of any such
Communications, but ULTIMedia shall be under no obligation to exercise
such right (and under normal circumstances does not do so). ULTIMedia,
however, will have no liability related to the content of any such Communications,
whether or not arising under the laws of copyright, libel, privacy, obscenity,
or otherwise. ULTIMedia retains the right to remove messages that include
any material deemed abusive, defamatory, obscene or otherwise unacceptable.
Links To Other Web Sites. Links to third party Web sites on this Site
are provided solely as a convenience to you. If you use these links, you
will leave this Site. ULTIMedia has not reviewed all of these third party
sites and does not control and is not responsible for any of these sites
or their content. Thus, ULTIMedia does not endorse or make any representations
about them, or any information, software or other products or materials
found there, or any results that may be obtained from using them. If you
decide to access any of the third party sites linked to this Site, you
do this entirely at your own risk.
Disclaimer
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO
THE MAXIMUM EXTENT ULTIMedia IS PERMITTED BY LAW, ULTIMedia PROVIDES YOU
WITH THE SITE ON THE BASIS THAT ULTIMedia EXCLUDES ALL REPRESENTATIONS
(EXCEPT FRAUDULENT REPRESENTATIONS AND REPRESENTATIONS AS TO MATTERS FUNDAMENTAL
TO USE OF THIS SITE), WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING,
WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY,
FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT
FOR THIS NOTICE WOULD HAVE EFFECT IN RELATION TO THE SITE. ULTIMedia further
does not warrant the accuracy and completeness of the materials or services
at this Site. ULTIMedia may make changes to the materials and services
at this Site, or to the products and prices described in them, at any
time without notice. The materials and services at this Site may be out
of date, and ULTIMedia makes no commitment to update the materials and
services at this Site. Information published at this Site may refer to
products, programs or services that are not available in your country.
Consult your local ULTIMedia business contact for information regarding
the products, programs and services that may be available to you. Applicable
law may not allow the exclusion of implied warranties, so the above exclusion
may not apply to you.
Limitation of Liability
ULTIMedia EXCLUDES ALL LIABILITY AND RESPONSIBILITY
FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD
PARTY AS A RESULT OF PROVIDING THE SITE OR ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS
SITE, OR THE MATERIALS, CONTENT OR INFORMATION CONTAINED AT ANY OR ALL
SUCH SITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY
ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING
OF ANY MATERIALS OR CONTENT FROM THE SITE OR ANY SITES LINKED TO THE SITE.
ULTIMedia, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING,
MAINTAINING OR DELIVERING THE SITE), SUBSIDIARIES OR AFFILIATED COMPANIES
("AFFILIATES") AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS
OR AGENTS OF ANY OF THEM SHALL NOT BE LIABLE IN CONNECTION WITH THE SITE
IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS
OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, FOR ANY LOSS OR DAMAGES
OF ANY KIND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY LOSS OF INCOME,
PROFITS, GOODWILL, DATA , CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES
ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER
OR NOT ANY SUCH LOSS OR DAMAGES IN THIS PARAGRAPH IS FORESEEABLE, KNOWN
OR FORESEEN OR OTHERWISE AND WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT
OR OTHERWISE. HOWEVER, NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ULTIMedia'S
LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (AS SUCH TERM
IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977) OR FOR FRAUDULENT MISREPRESENTATION
OR FOR MISREPRESENTATION AS TO A MATTER FUNDAMENTAL TO ULTIMedia'S ABILITY
TO UNDERTAKE SUCH OBLIGATIONS AND RESPONSIBILITIES AS ULTIMedia HAS UNDER
THESE TERMS. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM
THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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