"Content" means all the text, information, scripts, graphics, logos, photos, sounds, music, videos, interactive features and all other material on the Website, and the Intellectual Property Rights contained therein;
"EULA" means the end user license agreement under which the oTweak Software Product(s) are made available;
"Intellectual Property" or "Intellectual Property Rights" mean copyright, database rights, trademarks, service marks, trade dress, moral rights, author's rights, and other intellectual property rights, design rights (whether capable of being registered or otherwise) as may exist now or hereafter come into existence in any jurisdiction in the world, and all renewals and extensions thereof and includes trademarks owned by oTweak Software;
"oTweak Software" means oTweak Software, LLC, a limited liability company, the owner of the Website;
"oTweak Software Product(s)" means the software product(s) owned or duly licensed by oTweak Software;
"User" or "You" means any person visiting, accessing or making use of the Website;
"Website" means the oTweak Software website located at www.oTweak.com and all other websites connected to it and accessible through links or other access paths and the services available through such websites.
3.1 All Content shown on the Website (including its organization and presentation) is owned by oTweak Software or licensed from third parties and subject to copyright and other Intellectual Property Rights. You may retrieve and display Content from the Website on a computer screen, print individual pages and store such pages in electronic form on disk excluding any storage device connected to a network, strictly for Your own personal, non-commercial use. All other usage is precluded unless oTweak Software's prior written consent is obtained. All other intellectual property that appears on the Website and is not owned by oTweak Software is the property of its respective owner, who may or may not be affiliated with, connected to, or sponsored by oTweak Software.
4. oTweak Software Products
4.1 All oTweak Software Products are the copyrighted works of oTweak Software or its suppliers. These TOU do not apply to the purchase or use of the oTweak Software Products. The use of any oTweak Software Product is subject to the applicable EULA under which it is made available. You will be unable to install any oTweak Software Product unless You first agree to the terms and conditions of the EULA.
4.2 oTweak Software Products are only sold through resellers or distributors who do so in their own name and under their own terms and conditions. Any purchases initiated from this Website will be concluded with one of our trusted third party retailers in accordance with the retailers’ terms and conditions. You are therefore advised to review such terms prior to purchase.
4.3 oTweak Software Products are offered for purchase from this Website as digital products which need to be activated by You by inputting the serial number or code made available to You upon purchase. A physical CD version may be made available for purchase separately upon request, at oTweak Software’s sole discretion.
5. User Conduct and User Feedback
5.1 You represent and warrant that You are of sufficient legal age to access and use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree not to use the Website for any purpose that is unauthorized or unlawful and You acknowledge that Your failure to do so may subject You to civil and criminal liability. You further agree to abide by all applicable local, state, national and international laws and regulations.
5.2 You may link to the Website provided that You comply with the following:
i) You do not create a frame, browser or border around the Content of the Website;
ii) You do not misrepresent Your relationship with oTweak Software or imply that it is endorsing You or Your products or services; and
iii) You do not link from a website that:
- is discriminatory on the basis of a person's sex, race, disability, age, sexual orientation, religion or belief;
- is hateful, harassing or abusive by intent or otherwise;
- is derogatory to any individual or group or causes any other person annoyance, inconvenience or worry;
- is defamatory, libelous or deceptive about any person, organization or product;
- is offensive, obscene, indecent, sexually explicit, pornographic, threatening or criminal;
- is in violation of the privacy of others or otherwise breaches any obligation of confidentiality by which You are bound;
- unfairly criticizes or misrepresents others;
- is reasonably considered to be of an inflammatory nature or constitutes discussion on politics, religion and religious matters;
- constitutes unsolicited, commercial or advertising material, pyramid schemes, chain letters or other junk mail of any kind;
- contains any viruses, Trojan horses, worms, scrapers, time bombs, cancelbots or any other computer programming routines or engines that are intended to damage, detrimentally interfere with, modify, impede, surreptitiously intercept or expropriate any system, data or information or others' use of the Website;
- constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause oTweak Software to violate any applicable law or regulations; or
- is likely to create any liability (whether criminal or civil, and whether for You or oTweak Software); and
iv) You agree that oTweak Software reserves its rights to rescind its consent to allow links in general or specific instances, in which case any links already set up would have to be removed pursuant to oTweak Software's rights.
5.3 If You choose to communicate to oTweak Software any feedback, ideas or suggestions for improvement of the Website or any other product and/or service offered by oTweak Software ("Feedback"), oTweak Software shall have the right to freely use, modify, share, distribute and communicate such Feedback for any and all commercial and/or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such Feedback you elect to communicate to oTweak Software is not subject to any license or any other third party right.
6. Personal Information
8.1 YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND ITS CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT ANY USE OF THE WEBSITE AND/OR THE CONTENT WILL BE AT YOUR OWN RISK. oTweak Software GIVES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, IMPLIED OR EXPLICIT, ABOUT THE WEBSITE, ITS CONTENT, NOR THAT ACCESS TO SUCH WEBSITE OR CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY OR SAFE IN ANY MANNER. TO THE FULLEST EXTENT PERMITTED BY LAW, oTweak Software EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE WEBSITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY OR COMPLETENESS OF CONTENT, USER MATERIAL, TITLE, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE. oTweak Software STRONGLY RECOMMENDS THAT ANY INFORMATION AVAILABLE ON THIS WEBSITE IS VERIFIED BEFORE BEING RELIED UPON IN ANY WAY.
8.2 This Website may contain links to third party websites that are not owned or controlled by oTweak Software. oTweak Software has not reviewed, does not endorse, guarantee or assume responsibility for any product or service advertised or offered by any third party through the Website or any hyperlinked website or included in any banner, advertising or other promotional material, and You agree that the purchase or use of any third party product or service is solely Your choice and at Your own risk. Access to any third party website from this Website is likewise Your choice and at Your own risk and oTweak Software shall assume no responsibility for the content, privacy policies, or practices of any such third party websites.
8.3 oTweak Software operates this Website from various locations and makes no representation that it is appropriate or available for use in all locations.
9. Limitation of Liability
9.1 IN NO EVENT SHALL oTweak Software, ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, INTERRUPTION, LOSS OF PROGRAMS OR OTHER INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM (I) YOUR USE OF OR ACCESS TO THE WEBSITE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE WEBSITE, (II) FOR ANY FAILURE OR INTERRUPTION OF THE WEBSITE; WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATIONS OR TRANSMISSION OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF oTweak Software OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.3 SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, oTweak Software'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
10.1 These TOU and all other guidelines, rules and policies incorporated by reference constitute the entire agreement between You and oTweak Software relating to their subject matter and cancel and supersede any prior agreements between You and oTweak Software in relation to the Website. You acknowledge that You have read these TOU, understand them and agree to be bound by them. By Your continued use of the Website, You affirm Your willingness to be bound by these terms so if You do not agree with any of the terms of these TOU including the afore-mentioned guidelines, rules and policies, You should exit the Website, delete or destroy all Content and User Material which You have in Your possession and refrain from accessing this Website in the future. You may also be subject to additional terms and conditions that may apply when You use oTweak Software Products or third-party products or services.
10.2 If any part of these TOU is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these TOU will not be affected.
10.3 These TOU are governed by the laws of United States, and subject to the non-exclusive jurisdiction of the United States Courts. oTweak Software shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Website in the courts of the country in which You reside.
10.4 Rights and obligations under these TOU which by their nature are intended to survive termination, including without limitation the indemnification and limitation of liability provisions, will remain in full effect after termination or expiration of these TOU.
10.5 Any express waiver or failure to exercise promptly any right under these TOU by oTweak Software shall not create a continuing waiver or any expectation of non-enforcement. Failure to comply to these TOU may lead to action being taken against You. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.