Terms of use

Agreement between the user and Captivo

The Captivo website and family of websites (hereafter: Captivo websites) consist of several web pages operated by Captivo.

The Captivo websites are offered to you on the condition that you accept without modifications the terms, conditions, and notices contained herein. Your use of the Captivo websites constitute your acceptance of all these terms, conditions and notices.

 

Modification of these terms of use

Captivo reserves the right to change the terms, conditions and notices under which the Captivo websites are offered, including but not limited to the user fees of the Captivo websites.

Links to third party sites

The Captivo websites may contain links to other websites (“linked sites”). Linked sites are not under the control of Captivo and Captivo is not responsible for the content of any linked site, including but not limited to any links therein, or any changes or updates to such linked sites. Captivo is not responsible for the webcast or any other form of transmission received from any linked site. Captivo provides you with its links only for your use and the inclusion of these links does not imply the endorsement of Captivo of the site nor any association with its operators.

No illegal or prohibited use As a condition of your use of the Captivo websites you warrant to Captivo that you will not use the Captivo websites for any purpose that contravenes the law or any of the terms, conditions or notices listed herein. You may not use the Captivo websites in any way that could damage, disable, overburden or interfere with the Captivo sites or interfere with the use of the Captivo websites. You must not attempt to obtain any material or information by any means not provided for this purpose through the Captivo websites.

Use of communications services The Captivo websites may contain bulletin boards, chat areas, discussion groups, forums, communities, personal web pages, calendars and/or other communication features designed to allow you to communicate with the general public or groups of users (collectively “communications services”). You agree to use the communication services only to send and receive messages and materials that are adequate and in connection with the particular communications service. For example but not limited to, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others;
  • Publish, post, download, distribute or disseminate any inappropriate, blasphemous, defamatory, obscene, indecent or unlawful subject, name, information or material;
  • Upload files that contain software or other items protected by intellectual property laws (or by the rights of privacy or publicity) unless you own or control the rights or have received all necessary permissions;
  • Advertise or offer to sell or purchase goods or services for commercial purposes, except where such communications service expressly permits such messages;
  • Conduct or forward competitions, pyramid schemes or chain letters;
  • Download any file posted by another user of a communications service that you know, or reasonably should know, can not be legally distributed in this way;
  • Falsify or delete any mention of copyright, legal or other appropriate notices or proprietary designations or labels regarding the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or prevent any other user from using and enjoying the communication services;
  • Violate any code of conduct or other instructions that may apply to any particular communication service;
  • Collect or collect information about others, including email addresses, without their consent;
  • Violate any applicable law or regulation.

Captivo has no obligation to monitor communications services. However, Captivo reserves the right to analyze the material posted in a communications service and to delete any material at its sole discretion. Captivo reserves the right to disable access to any or all communications services at any time without notice and for any reason. Captivo reserves the right, at any time, to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to modify, refuse to post or delete any information or material, in whole or in part, in Captivo at its sole discretion. Always be careful when providing personal identification information about yourself or your children in any communication service. Captivo does not control or endorse the content, messages or information found in any communication service and, therefore, Captivo expressly disclaims any liability with respect to the communication services and any action resulting from your participation in any service communication. Managers and hosts are not allowed Captivo spokespersons and their opinions do not necessarily reflect those of Captivo. Documents uploaded to a communication service may be subject to restrictions on use, reproduction and/or dissemination. You are responsible for complying with these restrictions if you download the material.

Equipment supplied to Captivo or to any site of Captivo.

Captivo does not claim ownership of the material you provide to Captivo (including comments and suggestions) by post, download, entry or submission to any Captivo website or its associated services (collectively “submissions”). However, by posting, downloading, entering, providing or submitting your submission, you grant Captivo, its affiliates and sub-licensees the right to use your submission in the course of operating their internet business, including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission, and publish your name in connection with your submission. No compensation will be paid for the use of your submission as provided here. Captivo has no obligation to publish or use any submissions you may provide and may remove any submission at any time at Captivo’s sole discretion. By posting, uploading, entering, providing or submitting your submission, you warrant and represent that you own or control all rights in your submission as described in this section, including, without limitation, all rights to provide, post, download, enter or submit submissions.

Disclaimer of liability

The information, products and services included in or available on the Captivo websites may contain typography inaccuracies or errors. Changes are regularly made to the information. Captivo and/or its suppliers may create and/or modify the Captivo websites at any time. The information published on the Captivo websites should not be used to make personal, medical, legal, or financial decisions, and you must consult an appropriate professional for specific advice adapted to your situation. Captivo and/or its suppliers make no representations about the relevance, reliability, availability, fastness and accuracy of the information, software, products, services and graphics contained on the Captivo sites for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and graphics are provided “as is” without warranty or condition of any kind. Captivo and/or its suppliers disclaim all warranties and conditions for this content, products, services and software, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement.  To the maximum extent permitted by applicable law, in no event will Captivo and/or its suppliers be liable for any direct, indirect, special, punitive, special, consequential or incidental damages, including without limitation, damages, loss of data, or of profits, arising out of or relating to the use or performance of the Captivo website, with delay or inability to use the Captivo website or the related services, the provision or absence of service delivery or for any information, software, products, services and related graphics, obtained through the Captivo website, or which are related to the use of the Captivo websites, whether based on contract, negligence, strict liability or otherwise even if Captivo or its suppliers have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for direct damages. Indirect, the above limitations may not apply to you. If you are dissatisfied with any part of the Captivo websites, or with these terms of use, your sole and exclusive remedy is to stop the use of the Captivo websites. Service contact: support_infra@emyode.com

Termination / access restrictions

Captivo reserves the right, in its sole discretion, to terminate your access to the Captivo websites and related services or any part of it at any time without notice. General: to the extent permitted by law, this agreement is governed by the laws of the state of Washington, usa and you consent to the exclusive jurisdiction of the courts of king county, Washington, usa in all disputes arising from or in connection with the use of the Captivo websites. Use of the Captivo site is not permitted in any jurisdiction that does not give effect to all the provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment relationship or agency relationship exists between you and Captivo as a result of this agreement or use of the Captivo websites. The use of this agreement by Captivo is subject to existing laws and legal procedures, and nothing in this agreement is in derogation of Captivo’s ability to comply with governmental, judicial and law enforcement requirements or related requirements to your use of the Captivo websites or information provided or collected by Captivo with respect to such use. If any part of this agreement is held to be invalid or unenforceable under applicable law, including, but not limited to, the disclaimers and limitations of liability set out above, then the invalid or unenforceable provision will be deemed to be replaced by a valid and enforceable provision that best fits the spirit of the original provision, and the rest of the agreement will remain in effect. Unless otherwise indicated, this agreement constitutes the entire agreement between the user and Captivo with respect to the Captivo sites and cancels and replaces all previous communications or contemporaneous proposals, whether electronic, oral or written, between the user and Captivo with respect to the Captivo website. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings on the basis of or in connection with this agreement to the same extent and subject to the same conditions as other business documents and documents, files originally created and perpetuated in printed form. It is the express wish of the parties that this agreement and all related documents be drafted in english.

Opinion on copyright and trademarks

All contents of the Captivo websites are: copyright 2021 Captivo and/or its suppliers. All rights reserved.

Trademarks

The names of companies and products mentioned herein may be trademarks of their respective owners. The examples of companies, organizations, products, people and events mentioned here are fictitious. No association with a company, organization, product, person or real event should be deducted. All rights not expressly granted are reserved.

Notice and complaint procedure for breach of copyright

In accordance with title 17 of the “united states code, section 512 (c) (2)”, copyright infringement notices under the us copyright act must be sent to the designated agent’s service provider. All applications not relating to the following procedure will be unsupported. See notes and complaint procedures for copyright infringement.