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1. Your relationship with Pi-Systems
1.1 Your use of pi-Systems’ products, software,
services and web sites (referred to collectively as the “Services” in this
document and excluding any services provided to you by pi-Systems under a
separate written agreement) is subject to the terms of a legal agreement between
you and Pi-Systems. “Pi-Systems” means pi-SYSTEMS International S.A., whose
principal place of business is at , 4 Fokianou St., 116 35 Athens, Greece. This
document explains how the agreement is made up, and sets out some of the terms
of that agreement.
1.2 Unless otherwise agreed in writing with pi-Systems,
your agreement with pi-Systems will always include, at a minimum, the terms and
conditions set out in this document. These are referred to below as the “Terms”.
1.3 The Terms form a legally binding agreement between
you and pi-System in relation to your use of the Services. It is important that
you take the time to read them carefully.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree
to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where
this option is made available to you by pi-Systems in the user interface for any
Service; or
(B) by actually using the Services. In this case, you
understand and agree that Pi-Systems will treat your use of the Services as
acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the
Terms if (a) you are not of legal age to form a binding contract with
pi-Systems, or (b) you are a person barred from receiving the Services under the
laws of any country including the country in which you are resident or from
which you use the Services.
2.4 Before you continue, you should print off or save a
local copy of the Terms for your records.
3. Provision of the Services by pi-Systems
3.1 You acknowledge and agree that if pi-Systems
disables access to your account, you may be prevented from accessing the
Services, your account details or any files or other content which is contained
in your account.
3.2 You acknowledge and agree that while Pi-Systems may
not currently have set a fixed upper limit on the number of transmissions you
may send or receive through the Services or on the amount of storage space used
for the provision of any Service, such fixed upper limits may be set by
Pi-Systems at any time, at Pi-Systems’ discretion.
1.3 The Terms form a legally binding agreement between
you and pi-System in relation to your use of the Services. It is important that
you take the time to read them carefully.
4. Use of the Services by you
4.1 In order to access most of the Services, you may be
required to provide information about yourself (such as identification or
contact details) as part of the registration process for the Service, or as part
of your continued use of the Services. You agree that any registration
information you give to Pi-Services will always be accurate, correct and up to
date.
4.2 You agree to use the Services only for purposes
that are permitted by (a) the Terms and (b) any applicable law, regulation or
generally accepted practices or guidelines in the relevant jurisdictions.
4.3 You agree not to access (or attempt to access) any
of the Services by any means other than through the interface and software that
are provided by pi-Systems. You specifically agree not to access (or attempt to
access) any of the Services through any automated means.
4.4 You agree 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).
4.5 Unless you have been specifically permitted to do
so in a separate agreement with pi-Systems, you agree that you will not
reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and
that pi-Systems has no responsibility to you or to any third party for) any
breach of your obligations under the Terms and for the consequences (including
any loss or damage which pi-Systems may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible
for maintaining the confidentiality of passwords associated with any account you
use to access the Services.
5.2 Accordingly, you agree that you will be solely
responsible to pi-Systems for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your
password or of your account, you agree to notify Pi-systems immediately.
6. Privacy and your personal information
6.1 For information about pi-Systems' data protection
practices, please read pi-Systems privacy policy here. This policy explains how
pi-Systems treats your personal information, and protects your privacy, when you
use the Services.
6.2 You agree to the use of your data in accordance
with pi-Systems' privacy policies.
7. Proprietary rights
7.1 You acknowledge and agree that pi-Systems own all
legal right, title and interest in and to the Services, including any
intellectual property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those rights may
exist). You further acknowledge that the Services may contain information which
is designated confidential by pi-Systems and that you shall not disclose such
information without pi-Systems’s prior written consent.
7.2 Unless you have agreed otherwise in writing with
pi-Systems, nothing in the Terms gives you a right to use any of pi-Systems’
trade names, trademarks, service marks, logos, domain names, and other
distinctive brand features.
7.3 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 Services.
8. License from pi-Systems
8.1 pi-Systems gives you a personal, non-assignable
license to use the software provided to you by pi-Systems as part of the
Services as provided to you by pi-Systems (referred to as the “Software” below).
This license is for the sole purpose of enabling you to use the Services as
provided by pi-Systems, in the manner permitted by the Terms.
8.2 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.
8.3 Unless pi-Systems has given you specific written
permission to do so, 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.
9. EXCLUSION OF WARRANTIES
9.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 9 AND
10, SHALL EXCLUDE OR LIMIT pi-SYSTEMS’S WARRANTY OR LIABILITY FOR LOSSES WHICH
MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF
CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL
APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
9.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND
“AS AVAILABLE.”
9.3 IN PARTICULAR, pi-Systems DO NOT REPRESENT OR
WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR
REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR
USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
9.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES 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.
9.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM pi-Systems OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9.6 Pi-Systems 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.
10. LIMITATION OF LIABILITY
10.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 9.1
ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT pi-Systems, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED
AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO,
ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF
GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH pi-Systems MAY MAKE TO THE
SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE
SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO
STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR
THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE pi-Systems WITH ACCURATE
ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT
DETAILS SECURE AND CONFIDENTIAL;
10.2 THE LIMITATIONS ON pi-Systems’ LIABILITY TO YOU IN
PARAGRAPH 10.1 ABOVE SHALL APPLY WHETHER OR NOT pi-Systems HAS BEEN ADVISED OF
OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11. Other content
11.1 The Services may include hyperlinks to other web
sites or content or resources. Pi-Systems may have no control over any web sites
or resources which are provided by companies or persons other than pi-Systems.
11.2 You acknowledge and agree that Pi-Systems is not
responsible for the availability of any such external sites or resources, and
does not endorse any advertising, products or other materials on or available
from such web sites or resources.
11.3 You acknowledge and agree that Pi-Systems is not
liable for any loss or damage which may be incurred by you as a result of the
availability of those external sites or resources, or as a result of any
reliance placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such web sites
or resources.
12. General legal terms
12.1 The Terms constitute the whole legal agreement
between you and pi-Systems and govern your use of the Services (but excluding
any services which pi-Systems may provide to you under a separate written
agreement), and completely replace any prior agreements between you and
pi-Systems in relation to the Services.
12.2 You agree that pi-Systems may provide you with
notices, including those regarding changes to the Terms, by email, regular mail,
or postings on the Services.
12.3 You agree that if pi-Systems does not exercise or
enforce any legal right or remedy which is contained in the Terms (or which
pi-Systems has the benefit of under any applicable law), this will not be taken
to be a formal waiver of pi-Systems’ rights and that those rights or remedies
will still be available to pi-Systems.
12.4 If any court of law, having the jurisdiction to
decide on this matter, rules that any provision of these Terms is invalid, then
that provision will be removed from the Terms without affecting the rest of the
Terms. The remaining provisions of the Terms will continue to be valid and
enforceable.
12.5 The Terms, and your relationship with pi-Systems
under the Terms, shall be governed by the laws of Europe without regard to its
conflict of laws provisions. You and pi-Systems agree to submit to the exclusive
jurisdiction of the courts of Athens, Greece to resolve any legal matter arising
from the Terms. Notwithstanding this, you agree that pi-Systems shall still be
allowed to apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.