T&Cs

For all orders via our online store the following terms and conditions apply. Our online store is aimed exclusively at consumers.

Acten AG delivers goods to European Union and Switzerland based on the present General Terms and Conditions. Our terms of business, pamynet and delivery as well as Swiss law shall apply exclusively. ACTEN USA LLC delivers goods to customers in USA based on the present General Terms and Conditions. Our terms of business, payment and delivery as well as US-law shall apply exclusively.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

The language(s) available for the conclusion of the contract: German, English

We save the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

The order constitutes the offer to Acten AG and ACTEN USA LLC to conclude a purchase contract. When an order is placed via our website www.acten.com, we send an e-mail in which we confirm that we have received the order and list its details (order confirmation). This order confirmation does not represent an acceptance of the offer but is only intended to inform you that we have received the order. For orders placed by post, fax or telephone, there is no confirmation of order receival. All orders are recorded in our IT system for further processing. By submitting an order to our IT system, the customer no longer has any options for access or correction. A purchase contract is concluded when we ship the ordered product. The invoice enclosed with the delivery represents the contents of the contract and the text of the contract in German. The text of the contract will be stored by ACTEN AG or ACTEN USA LLC after conclusion of the contract. Before the customer submits an order, they will see a summary of the shopping basket with all the details. Here the customer has the last opportunity to check and, if necessary, correct the selection of the ordered items and the customer data. A correction is possible by clicking on the fields “Change my data,” “Change shopping cart” or “Change payment method.”

In addition to the indicated product prices, shipping costs will be added. You can find out more about the amount of the shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to pick up the goods yourself.

(1) The ordered goods are generally dispatched within two working days of receiving the order. Packaging, shipping route and means of shipment are selected by Acten AG or ACTEN USA LLC. In case a complete delivery is not possible, we reserve the right to make a partial delivery of divisible services, provided that this is not unreasonable for the customer. Acten AG and ACTEN USA LLC reserves the right to limit the order to a customary household quantity if this is reasonable for the customer.

(2) The goods are delivered safely and discreetly to the customer’s designated address. The actual costs will be charged.

(3) Acten AG and ACTEN USA LLC has the right to extend delivery periods by the duration of the hindrance, but no longer than for a period of two weeks from the time of order, in case of force majeure, measures within the scope of industrial disputes and other unforeseen circumstances, including non-delivery by the sub-supplier, for which Acten AG and ACTEN USA LLC is not at fault. Acten AG and ACTEN USA LLC will inform the customer immediately about the non-availability and will reimburse any payments already made without delay. A delay occurs only after a reasonable extension of time has been set. If the delay should last longer, the customer can determine an appropriate period for the completion and withdraw from the contract after its fruitless expiration. Acten AG and ACTEN USA LLC shall likewise have the right to withdraw from the contract after the end of six weeks from the order date. Claims for damages are excluded unless the delay is the fault of Acten AG and ACTEN USA LLC.

(4) Acten AG and ACTEN USA LLC shall only be liable for damages caused by delay in case of slight negligence to the amount of up to 5% of the invoice value. This does not apply to damages resulting from injury to life, body or health which are based on a negligent violation of duty by a legal representative or vicarious agent of Acten AG and ACTEN USA LLC.

(1) The prices quoted by Acten AG and ACTEN USA LLC are in euros, swiss francs or us dollars and include statutory value-added tax.

(2) Payment for the goods is possible using the following methods:

Prepayment by bank transfer
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card (Stripe: MasterCard, VISA)
When you place your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

(3) The purchase price is due upon invoicing.

(4) If the customer is in default, they shall pay Acten AG and ACTEN USA LLC interest on default in the amount of 5% above the respective base interest rate. Delivered goods shall remain the property of Acten AG and ACTEN USA LLC until the invoice has been paid in full.

(5) RETENTION OF OWNERSHIP
The goods remain our ownership until full payment has been received.

Unless otherwise expressly agreed below, the legal liability for defects applies.

(1) If the customer indicates a defect, the goods in question must be returned immediately for inspection. In case of a justified and timely (i.e. within one month) notice of defects, the defects shall, at the discretion of the customer, be remedied or eliminated by way of subsequent performance. Acten AG and ACTEN USA LLC reserves the right to refuse subsequent performance under the statutory conditions applicable in Germany, Switzerland and USA. If the subsequent performance fails after the customer has set a reasonable deadline, the customer shall have the right to reduce the purchase price or to withdraw from the contract. Other rights of withdrawal remain unaffected by this. A time extension shall not be required if special circumstances exist which justify the immediate withdrawal under consideration of the mutual interests, e.g. if both types of subsequent performance are refused or the type of subsequent performance to which the customer has the right is refused or the type of subsequent performance to which the customer has the right has failed. The right to claim damages is not excluded by the withdrawal.

(2) In case of a violation of a pre-contractual, contractual and/or non-contractual obligation, even in case of a defective delivery, unlawful act and/or producer’s liability, Acten AG and ACTEN USA LLC shall only be liable for negligence with the exception of cases of gross negligence in case of a violation of an essential negligence which endangers the achievement of the purpose of the contract. The liability – with the exception of cases of gross negligence – is limited to the foreseeable damage typical for the contract at the time of conclusion of the contract.

(3) Outside the violation of an essential obligation, liability for slight negligence is excluded, but, in any case, limited to the amount of the remuneration owed.

(4) The above exclusions and limitations of liability shall not apply to any liabilities arising from a guarantee (e.g. for the condition of an object within the meaning of §§ 443, 444 BGB), from the willful violation of duties, from fraudulent concealment of defects, for cases of gross negligence which are based on a negligent violation of duty by one of our legal representatives or vicarious agents, for damages arising from injury to life, limb and/or health or in the case of a legally mandatory liability, in particular in accordance with the German Product Liability Act.

(5) For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty
– in the case of guarantee promises, if agreed, or
– as far as the scope of application of the product liability law is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must be typically expected.
Otherwise, claims for damages are excluded.

(5) The following applies to used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
The above limitations and shortening of the time limit do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
– in case of injury to life, body or health
– in case of intentional or grossly negligent breach of duty and fraudulent intent
– in case of violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
– within the framework of a guarantee promise, if agreed or
– as far as the scope of application of the product liability law is opened.
Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online store.

(6) Customer service: You can reach us by e-mail at info@acten.com. Our opening hours are from 09:00 to 11:30 and from 14:00 to 16:00 (Swiss Time)

If goods with obvious transport damages are delivered, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

Personal data will only be stored and used in compliance with the data protection regulations applicable in Switzerland, Austria and Germany. Acten AG and ACTEN USA LLC reserves the right to pass on data to affiliated companies within the scope of order processing. Acten AG and ACTEN USA LLC may obtain information on the financial circumstances of the customer for the purpose of credit checks and creditworthiness monitoring. Creditworthiness data will only be transmitted to credit agencies in compliance with the legal requirements applicable in Switzerland and Germany. In all cases, the scope of usage, storage and use of data is limited to the necessary minimum. The customer may object to the aforementioned use of the data at any time by notifying Acten AG, Turbinenweg 6, 8866 Ziegelbrücke, Switzerland. ACTEN USA LLC, 9940 W BAY HARBOR DR UNIT 6DS,
BAY HARBOR ISLANDS, FL 33154 USA Address marketing by Acten AG and ACTEN USA LLC does not take place.

If the customer makes use of their right of revocation, they have to bear the costs for the return (see hereafter right of revocation and consequences), Acten AG or ACTEN USA LLC reserves the right to refuse the acceptance of an unfree return.

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

If there is no purchase of consumer goods, the place of performance Ziegelbrücke, Glarus Nord, Switzerland, is the registered office of Acten AG or the place of perforamnce in Aventura, Florida, USA is the registred office of ACTEN USA LLC. The invalidity of individual clauses does not affect the validity of the other clauses. In particular, the contract remains effective for both parties.

These Subscription Terms and Conditions (“Terms”) are between you and ACTEN USA LLC and govern our respective rights and obligations. Please note that your use of the acten.com website is also governed by our website Terms and Conditions and Privacy Policy, as well as all other applicable terms, conditions, limitations, and requirements on the acten.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for an ACTEN subscription, you accept these Terms, conditions, limitations, and requirements.

Subscription Benefit

The reduced subscription product price of ACTEN is (CHF 89.90.-, EUR 82 € , USD 89.90 $), when choosing a recurring rebill frequency, and is outlined on the acten.com product webpage and in the cart during checkout. Discount applied may change for subscriptions created during disruptive sale events (Black Friday, Cyber Monday, Semi-Annual Sale, etc). The subscription discount does not “stack” on top of sale pricing — only the greater discount will apply for a transaction. Applicable taxes and normal shipping rates and rules apply.

Subscription Cancellation 

Your ACTEN subscription will continue until canceled. You may cancel or modify your ACTEN subscriptions at any time to the end of the following month in your Account Dashboard or by contacting ACTEN Customer Service.

Other Limitations

We reserve the right to accept or refuse your subscription at our discretion.

You may not transfer or assign any ACTEN subscription.

ACTEN subscribers are not permitted to subscribe for the purpose of resale, rental, or to ship to their customers or potential customers using their ACTEN subscription.

Fee and Renewal

The subscription fee is stated on the acten.com product webpage. Applicable taxes, and normal shipping rates and rules apply to all subscriptions. We will attempt to honor your preferred shipping method of your acten subscription, but as necessary, we reserve the right to process your subscription order using the next most economical shipping method.

If all eligible payment methods we have on record for you are declined for payment of your subscription fee, you must provide us a new eligible payment method promptly or your subscription will be canceled.

If you provide us with a new eligible payment method and are successfully charged, your new subscription period will vary depending on your chosen subscription. Visit your Account Dashboard and Subscription Orders to see renewal dates for your subscription.

UNLESS YOU NOTIFY US BEFORE YOUR RENEWAL DATE THAT YOU WANT TO CANCEL, YOU UNDERSTAND AND ACKNOWLEDGE YOUR ACTEN SUBSCRIPTION WILL AUTOMATICALLY CONTINUE, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES, INCLUDING ANY APPLICABLE TAXES AND SHIPPING FEES, USING ANY SAVED PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

Agreement Changes

We may, in our sole discretion, change these Terms in accordance with the Conditions of Use. Customers with an active ACTEN subscription will be notified via email at their ACTEN account email address of any changes to these Terms.

Termination by Us

We may terminate your ACTEN subscription at our discretion without notice. If we do so after you have been charged a subscription fee but prior to our shipment of the subscription order, your subscription will be canceled and we will give you a refund of the applicable subscription fee. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of any ACTEN subscription, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Returns

All returns of ACTEN subscriptions are subject to the acten.com Terms & Condition Policy.

We may provide you with a variety of resources, such as news and information about Acten, your account information, the ability to communicate electronically with Acten, and access to services and information available from time to time on or through the Website (the “Services”). We reserve the right in our sole and absolute discretion to terminate, modify, or suspend your access to the Website, Content or Services at any time (for any reason, or for no reason). In particular, and without limitation, we may terminate, modify, or suspend your access to the Website, Content and/or Services upon your non-compliance with these Terms of Use, and, if you are a distributor of Acten, your Application and Agreement (the “Acten agreement”) or if you violate our rights or the rights of any other party.

Our Privacy Policy is incorporated into, and made a part of, these Terms of Use.

You represent and warrant that (a) you are at least 18 years of age, (b) your use of the Website and Content is legal in, and does not violate any laws or rules of, the jurisdictions in which you reside or from which you use or otherwise access the Website, (c) all information (if any) provided by you to us is correct, (d) you possess the legal right and ability to enter into these Terms of Use, (e) your use of the Website and Content shall be in accordance with these Terms of Use (and if you are a distributor of Acten, the Acten agreement and the Policies and Procedures), (f) your use of the Website and Content shall be in accordance with all applicable laws and regulations, (g) you are capable of assuming, and do assume, any risks related to the use of the Website and Content, and (h) you understand and accept the terms, conditions and risks relating to the use of the Website and Content.

You may not copy, transmit, distribute, sell or publish any or all of the Website, Content or Services, without our prior, express and written consent. In your use of the Content, such as printing it, you may not remove or alter, or cause to be removed or altered, any notice, mark, or legend in or on the Content, including, but not limited to, copyright notices, trademarks, and disclaimers. You may not create derivative works of the Website or Content. In connection with your access to, and/or use of, the Website and Content, you agree not to:

• (i) Use the Website, Content or Services, in whole or in part, except as expressly provided in these Terms of Use or use the Website or Content for any purpose that is unlawful, immoral, or prohibited by these Terms of Use or any applicable local, state, or federal law, rule, or regulation;
• (ii) Use the Website, Content or Services in any manner that could damage, disable, overburden, or impair the Website, Content or Services, or interfere with any other party’s use and enjoyment of the Website, Content or Services;
• (iii) Obtain, or attempt to obtain, any materials, information, or other Content through any means not intentionally made available or provided for through the Website;
• (iv) Circumvent, or attempt to circumvent, any security feature of the Website;
• (v) Modify, delete, decompile, disassemble or reverse engineer the Website, Content or Services in any way whatsoever;
• (vi) Upload, e-mail or otherwise transmit to or through the Website or Services, any advertising, promotional, or other unauthorized communication, including, without limitation, “junk mail,” “surveys,” unsolicited e-mail, “spam,” “chain letters,” or “pyramid schemes”;
• (vii) Upload, post, email, or otherwise transmit any material that contains “trojan horses,” “worms,” software viruses, or any other computer code, files, or programs designed to or that might interrupt, destroy, interfere or limit the functionality of the Website, Content or Services, or any computer software or hardware or telecommunications equipment;
• (viii) Use any automated means, including, but not limited to, electronic “spiders,” “robots,” or “crawlers,” to download data from any of our databases; or
• (ix) Incorporate data from any of our databases into any emails or other “white pages” products or services, whether browser-based, based on proprietary client-side applications, or web-based, without our prior, express and written consent.

Unless otherwise indicated, our Website and Content are property of Acten, its affiliates, its licensors or other third parties and are protected under applicable copyright, trademark, patent, and other intellectual property rights and laws. Except as specifically allowed in these Terms of Use, the copying, redistribution, use, or publication by you of the Content is strictly prohibited. No ownership or other interest or license in or to any patent, copyright, trademark, trade secret and other intellectual property rights or to the Content are being granted, assigned or transferred in these Terms of Use or by reason of your access to, and use of, the Website, Content or Services.

All trademarks, service marks, trade names and copyrights displayed on the Website or in the Content are proprietary to us or their respective owners. You acquire no rights or licenses in or to any trademarks, service marks, trade names or copyrights displayed on the Website.

Access to the Website and Content, and use of our Services, are being provided for your business use only. You may not reproduce, republish, distribute, assign, sublicense, retransmit, sell, or prepare derivative works of the Website or Content, or resell or make our Services available to others. All rights in and to the Website and our Content not expressly granted in these Terms of Use remain in us or in our licensors.

During the course of your use of the Website, you may have access to information which is confidential and proprietary to us or our suppliers, licensors, or other similar entities. The term “Proprietary Information” means any information or material which is proprietary and confidential to us or our suppliers, licensors or other similar entities, and includes any of the following information and material licensed, owned or developed by any such party or its agents: business records and plans; business information; product formulation and specifications; marketing plans and strategies; financial statements; distributor lists and information, genealogies, compensation plans and financial information, customer lists and records; technical information; inventions; product design; information; services; pricing structure; discounts; computer programs and listings; source code and/or object code; software; and any other such proprietary information. You understand and acknowledge that the Proprietary Information is owned, obtained or licensed by us or our suppliers, licensors, or other similar entities, by the investment of significant time, effort and expense, and that the Proprietary Information is a valuable, special and unique asset of ours or our suppliers, licensors, or other similar entities, which provides us with a significant competitive advantage. Therefore, you must hold in confidence and not disclose the Proprietary Information to any person or entity without our prior written consent. You shall be liable for any and all breaches of Terms of Use and any unauthorized use or disclosure of Proprietary Information. If you become compelled by applicable law, regulation or legal process to disclose any of the Proprietary Information, you shall promptly provide us with notice in order for us to seek a protective order or other appropriate remedy. Further, if you become compelled to disclose any of the Proprietary Information, you must disclose only that portion of the Proprietary Information you are legally required to disclose as confirmed by a legal opinion of your counsel at your expense. Upon our request, you shall return all materials containing Proprietary Information.

You shall indemnify, defend, and hold us, our affiliates and our licensors, owners, officers, directors, employees, subcontractors, information providers, suppliers, attorneys, agents, parents, subsidiaries and affiliated entities, and the owners, officers, directors, employees, subcontractors, attorneys, agents, parents, subsidiaries and affiliated entities of each of them (collectively, “our Affiliated Parties”) harmless from any liability, loss, claim, damages, suit, judgment, cost or expense, including, but not limited to, reasonable attorneys’ fees, related to your (a) failure to comply with any of these Terms and Conditions or (b) use of the Website or Content. We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms and Conditions, the Website, or your access to or use of the Website or Content.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE WEBSITE, THE SERVICES OR THE CONTENT CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SUCH CONTENT, SERVICES, SOFTWARE AND PRODUCTS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE WEBSITE, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING AND ANY LIABILITY WITH REGARD TO THE WEBSITE, CONTENT AND SERVICES AND ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN ANY SERVICE. 

YOUR USE OF THE WEBSITE, SERVICES AND CONTENT IS AT YOUR SOLE RISK. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEBSITE OR CONTENT OR OTHERWISE USE OR RECEIVE INFORMATION OR SERVICES FROM OR REGARDING THE WEBSITE, CONTENT, OR YOUR PURCHASES FROM US. WE DO NOT WARRANT THAT THE WEBSITE, PRODUCTS OR SERVICES WILL BE COMPATIBLE WITH ANY HARDWARE OR SOFTWARE SYSTEMS OR THAT THE WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. 

WE ARE NOT RESPONSIBLE OR LIABLE FOR MAINTAINING ANY CONSUMER DATA OR FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE OF ANY CONSUMER DATA OR FOR ANY THIRD PARTY ACCESS TO ANY CONSUMER DATA. 

WE MAKE NO WARRANTY OR REPRESENTATION AS TO THE LEVEL OF SUCCESS, IF ANY, INDIVIDUALS MAY ACHIEVE BY USING ANY OF OUR PRODUCTS OR SERVICES. INDIVIDUAL RESULTS MAY VARY AND DEPEND ON MANY FACTORS INCLUDING AN INDIVIDUAL’S SPECIFIC FINANCIAL SITUATION, EFFORTS AND ACTIONS. YOU SHOULD SEEK THE ADVICE OF 5

QUALIFIED PROFESSIONALS SUCH AS AN ACCOUNTANT, ATTORNEY AND/OR PROFESSIONAL ADVISOR FOR SPECIFIC ADVICE FOR YOUR BUSINESS. 

FURTHER, WE AND OUR LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE CONTENT OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE WEBSITE, THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE WEBSITE OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES. NEITHER WE NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THE WEBSITE OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

By way of example, and not as a limitation, you agree that when using our Content, Services or any other portion of the Website, you will not:

• (i) Modify, delete, decompile, disassemble or reverse engineer the Website, Content or Services in any way whatsoever;
• (ii) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• (iii) Use the Services except as expressly provided in these Terms of Use or publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Website or Content to do any of the foregoing with respect to) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
• (iv) Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• (v) Upload files that contain viruses, corrupted files, or any other similar software or program that may damage the operation of another’s computer;
• (vi) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Service specifically allows such messages;
• (vii) Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication;
• (viii) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• (ix) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded;
• (x) Restrict or inhibit any other user from using and enjoying the Services or any other portion of the Website or Content;
• (xi) Violate any code of conduct or other guidelines that may be applicable for any particular Service or any other portion of the Website or Content;
• (xii) Harvest or otherwise collect information about others, including, but not limited to, e-mail addresses, without their prior, express, and written consent;
• (xiii) Violate any applicable laws, rules or regulations;
• (xiv) Use the Services if you are located in a country embargoed by the U.S. or are on the U.S. Treasury Department’s list of Specially Designated Nationals; or
• (xv) Share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

We have no obligation to monitor the Services, the Website or Content. However, we reserve the right to review materials posted to a Service and to remove any materials in our sole discretion. We assume no liability relating to our monitoring acts or omissions.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, rule, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

Materials uploaded to a Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Subject to the Privacy Policy, any and all information, data, sound, photographs, videos, and works of authorship that you provide to us, including all comments and suggestions (collectively “Visitor Generated Content”), you grant us a non-exclusive, transferable, assignable, sublicenseable, perpetual, irrevocable, worldwide, royalty-free, and fully paid-up license to use, possess, copy, distribute, sell, sublicense, disclose, display publicly, perform, modify, make, have made, import, export, and prepare derivative works of such Visitor Generated Content through multiple tiers of distribution in any and all media now known or hereafter invented.

No compensation will be paid with respect to the use of your Visitor Generated Content, as provided herein. We are under no obligation to post or use any Visitor Generated Content you may provide and may remove any Visitor Generated Content at any time in our sole discretion.

By posting, uploading, inputting, providing, or submitting your Visitor Generated Content, you represent and warrant that you own or otherwise control all of the rights to your Visitor Generated Content as described in this section including, but not limited to, all the rights necessary for you to provide, post, upload, input, or submit the Visitor Generated Content.

You are legally responsible for all Visitor Generated Content uploaded, posted, or stored through your use of the Services.

Our Services may include bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messaging facilities designed to enable you to upload or distribute information, materials and other content, or to communicate with the public at-large or with a group. You are solely responsible for all information, images, graphics, data, text, files, links, software, messages, communications, and other materials (the “End User Content”) that you (or someone using your account) publicly or privately publish, post, distribute, display, disseminate, or otherwise transmit via the Website. We do not control or necessarily screen or monitor the End User Content posted on the Website and, as such, we do not guarantee the accuracy, integrity, or quality of such End User Content. We reserve the right, in our sole and absolute discretion, to edit, delete, or record any End User Content appearing on the Website. You understand that entering or using the Website may expose you to End User Content that is offensive, indecent, or objectionable to you. You agree to use the Services only to post, send, and receive messages and material that are proper and related to the particular Service. You grant to us a limited non-exclusive, transferable, assignable, sublicenseable, irrevocable, worldwide, royalty-free, and fully paid-up license to use, possess, copy, distribute, sell, sublicense, disclose, display publicly, perform, modify, make, have made, import, export, and prepare derivative works of the End User Content for purposes of providing to you the Services for which the End User Content was provided.

You may not use our Services to infringe copyrights. We will attempt to terminate Service to anyone who we become aware is repeatedly using our Services in violation of copyright law. IT IS YOUR SOLE RESPONSIBILITY TO USE THE SERVICES IN COMPLIANCE WITH ALL APPLICABLE COPYRIGHT LAWS.

We reserve the right to take any and all action we deem appropriate if we become aware of conduct that we believe does not conform to the requirements of this policy, any agreement pursuant to which you use our Services or any software that utilizes them, these Terms of Use for the Website or applicable law.

The Website may, from time to time, contain links to or reference third party websites, resources and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. We are not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. We do not investigate, monitor, or check such Third Party Sites for accuracy or completeness. We are not responsible for the availability of these Third Party Sites, nor are we responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. We are providing these links to you only as a convenience and may discontinue providing such links at any time in our sole discretion without notice to you. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any Third Party Site contained in, referred to, included on, or linked from or to, the Website. If you decide to leave the Website and access these Third-Party Sites, you do so at your own risk. Under no circumstances shall we or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster. Any links to Third Party Sites do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of ours.

We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. You should read these Terms of Use periodically for changes. If you use the Website after we post changes to these Terms of Use, you will be deemed to have accepted the changed Terms of Use.

These Terms of Use shall be governed by, Swiss law and construed and enforced in accordance with, the laws of the State of Florida, without regard to conflicts of law principles. Any cause of action by you with respect to the Website must be instituted within two years after the cause of action arose or be forever waived and barred. Any legal action concerning these Terms of Use shall be brought in the state and federal courts located in Seminole County, Florida. The parties hereby consent to such jurisdiction and venue.

In the event of an actual or threatened violation of these Terms of Use, these Terms of Use may be enforced by injunctive relief or specific performance without proof of actual damages but upon proof of all other requirements for the grant of such relief, in addition to any and all other available remedies.

The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Our waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by us of any subsequent breach by you.

This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.

These Terms of Use do not limit any rights or remedies that we or our suppliers, licensors, or other similar entities, may have under trade secret, copyright, patent, trademark or other laws.

These Terms of Use, and our Privacy Policy, and any end user click-through agreements contained on the Website and, if you are a distributor of Acten, your Acten agreement and the Policies and Procedures, constitute the entire agreement between us with respect to your use of the Website, and supersede all previous written or oral agreements. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in arbitration or any judicial or administrative proceedings based upon, or relating to, these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English as spoken in the United States.

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN, AS AMENDED FROM TIME TO TIME.