This page contains the Terms of Use (“Terms”) governing your use of Soluto’s web site, including the Soluto Wiki, forums, communities, support areas, member areas, and other interactive and non-interactive portions of Soluto’s site (hereinafter collectively referred to as the “Site.”).
The following Terms govern your use of the Site and your obligations with respect to Soluto, its owners, officers, directors, employees, contractors, licensees, licensors, partners, affiliates, assigns, agents, subsidiaries or related companies (individually and collectively, “Soluto” or “We”). By using or visiting the Site, You (“You”) signify your assent to (1) these Terms and (2) Soluto’s privacy policy at www.soluto.com/legal/privacy-policy (“Privacy Policy”). Soluto’s use of your Personal Information and Anonymous Information is defined and governed by Soluto’s Privacy Policy which is incorporated herein by reference. If You do not agree to these Terms or the Privacy Policy then please do not access the Site.
By using the Site, You affirm that You are over the age of 13. If You are over the age of 13 but under the age of majority in your jurisdiction, You affirm that You are using the site with the express authority and approval of your parent or guardian, and that your parent or guardian has expressly given permission for You to access the site.
Restrictions on Use . You agree that You will not: (i); copy, distribute or modify any part of the Site without Soluto’s express prior written authorization; (ii) use the Site to send advertisements, spam, chain letters, or any other type of duplicative or unsolicited message; (iii) use the site to transmit any content which contains software viruses, malware or other harmful computer code, files or programs; (iv) attempt to interfere with, gain unauthorized access to or disrupt servers or networks connected to the Site; (v) upload inappropriate or copyrighted material; (vi) defame, stalk, threaten or harass any other user of the Site; (vii) violate any applicable laws or regulations; (viii) distribute information that is false or misleading, or that is intended to cause harm to others; or (ix) take any other action that is contrary to these Terms.
Access by Automated Systems. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to the Soluto servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including e-mail addresses, from the Site, or from the communication systems provided by the Site (including the Soluto Wiki). You also agree not to copy any of the content from the Site for use outside of the Site, such as on another domain or hosted site. Soluto grants the operators of public search engines permission to use spiders access Soluto’s Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Soluto reserves the right to revoke these exceptions either generally or in specific cases.
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and any other content ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Soluto. Content on the Site is provided to You “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Soluto’s prior written consent. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site. Soluto reserves all rights not expressly granted herein.
“Soluto,” “PC Genome,” and the Soluto logo are Marks of Soluto. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
Certain activities and/or services on the Site, such as participation in Soluto’s support forums or contributing to Soluto’s Wiki may be accessible to You only if You have registered for an activated profile on the Site. The registration process will require You to provide certain Personal Information including, but not limited to, user name, password and e-mail address. If You register for a profile on Soluto’s Site using Facebook Connect or other third-party authentication provider, the personal information You provide to Soluto and Soluto’s usage of same will be subject to the terms of use and privacy policies of the respective authentication provider.
If You choose to create a profile on the Site, You must provide only current and accurate information about yourself. You are entirely responsible for any and all activities that occur under your account. You agree to take reasonable steps to prevent any unauthorized use of your account or any other breach of security, and You agree to notify Soluto if You believe that your account has been compromised. Your profile is for your personal use only, and You agree not to share your account with anyone else. Soluto will not be liable for any loss that You may incur as a result of someone else using your password or account, either with or without your knowledge or permission. You agree that You will not use any other user’s account, either with or without their permission. You are responsible for maintaining the confidentiality of your user name and password and for any and all use of your profile. Soluto reserves the right to terminate Your profile on the Site or refuse any or all use of the Site by You for any reason or no reason.
General. Soluto permits creation of user profiles and the submission of user-generated content on various sections of the Site, including but not limited to the Soluto Wiki and Customer Interactive Service sections (profile, content and other submissions provided by users hereinafter referred to as “User Submissions”). In addition, Soluto may permit You to send messages directly to other users of the Site.
Ownership Rights for User Submissions. You represent and warrant that: You own or have the necessary authority and rights and permissions to use and transfer any intellectual property rights in and to any User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.
You retain your ownership rights in your own User Submissions. However, by submitting the User Submissions to Soluto, You hereby grant Soluto a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works, and to display your User Submissions in connection with Soluto’s Site, Soluto Wiki Service, Software and business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels. With respect to your profile, Soluto will handle your Personal Information in accordance with its Privacy Policy. You hereby waive any moral rights in your User Submission, to the extent permitted by law. You also hereby grant each user of the Site, a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform your User Submissions.
Editing User Submissions. Soluto may, at its discretion, edit User Submissions on the Site, but is under no obligation to do so. By submitting any User Submissions to the Site, You expressly authorize Soluto to edit, modify, delete or remove your User Submissions as Soluto deems necessary.
Restrictions. In order to make the Site as useful and constructive as possible, Soluto prohibits the transmission of any message or submission of any User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; (viii) is otherwise malicious or fraudulent; (ix) constitutes spam, advertising, promotional materials, affiliate links, or which promotes or solicits any products, goods or services; (x) attempts to solicit personally identifying information from any other user; or (xi) which violates these Terms.
You understand that when using Soluto’s Site, You will be exposed to third-party content, User Submissions messages and other comments and content from a variety of sources, and that Soluto is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
Soluto attempts to be as accurate as possible. However, Soluto cannot and does not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. Soluto reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
By using Soluto’s Site, You may be exposed to content that is unhelpful, inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against Soluto with respect thereto, and agree to indemnify and hold Soluto harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
You understand and agree that Soluto may utilize the services of third-party providers to provide certain services through the Site, such as registration, authentication, billing, hosting or other services. Such services are provided by the third parties in accordance with their own terms of service and privacy policies, and Soluto makes no representations or warranties regarding same.
Soluto’s Site may contain links to third party websites that are not owned or controlled by Soluto. Soluto is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Soluto will not and cannot censor or edit the content of any third-party site. By using Soluto’s Site, You expressly release Soluto from any and all liability arising from your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.
Soluto provides customer support and a centralized hub for user questions, feedback, concerns, and praise via its Site (such hub referred to hereinafter as Soluto’s "Customer Interactive Service"). Soluto’s Customer Interactive Service is provided via Soluto and/or via Get Satisfaction Inc. Your use of Soluto’s Customer Interactive Service via Get Satisfaction Inc. is subject to Get Satisfaction Inc.’s terms of service at http://getsatisfaction.com/legal/, the GetSatisfaction Privacy policy at http://getsatisfaction.com/privacy/, the GetSatisfaction Community Guidelines: http://getsatisfaction.com/community_guidelines and any other legal notice provided by Get Satisfaction, Inc. which may apply on You as a user of their website or their services. Soluto is not affiliated with Get Satisfaction, has no control over its website, and assumes no responsibility for the content, privacy policies, or practices of Get Satisfaction.
THIS SECTION APPLIES TO YOU WHETHER OR NOT THE SITE HAS BEEN PROVIDED TO YOU FOR PAYMENT.
SOLUTO’S SITE, SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, SOLUTO DOES NOT GUARANTEE THAT SOLUTO’S SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. SOLUTO’S SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT SOLUTO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
SOLUTO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY ENCOUNTER OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
This section shall survive any termination of these Terms.
Soluto reserves the right to modify these Terms and/or any other terms and conditions of the Site at any time by providing such revised terms to You or by publishing the revised terms on Soluto’s website ("Revised Terms"). The Revised Terms shall become effective within ten (10) days of such publishing or provision to You, whichever is the first to occur unless You expressly accept the Revised Terms earlier. The express acceptance by You, or your continued use of the Service after expiry of the notice period of ten (10) days, shall constitute your acceptance to be bound by the terms and conditions of the Revised Terms.
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Any waiver of any provision of these Terms will be effective only if in writing and signed by Soluto. These Terms are personal to You and may not be assigned or transferred for any reason whatsoever without the consent of Soluto and any action or conduct in violation of the foregoing shall be void and without effect. Soluto expressly reserves the right to assign these Terms and to delegate any of its obligations hereunder. Soluto reserves the right to discontinue or modify any aspect of the Site at any time. These Terms, as amended from time to time, the Privacy Policy incorporated herein by reference, and any rule or regulation posted from time to time on the Site constitute the entire agreement between You and Soluto with respect to the subject matter hereof, and except for any separate License Agreement for Software shall supersede all prior or other understandings relating to that subject matter, whether written, oral or electronic.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SOLUTO BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF MONEY, GOODWILL, REPUTATION, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE SOLUTO’S SITE, SOFTWARE OR SERVICE, OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY SOLUTO, EVEN IF SOLUTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOLUTO IS NOT LIABLE FOR 1) LOSS OF, OR DAMAGE TO, YOUR RECORDS OR DATA OR 2) ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM. THE LIABILITY OF SOLUTO, ITS AFFILIATES, SUBSIDIARIES AND ITS THIRD PARTY LICENSORS, IF ANY, FOR DAMAGES UNDER THESE TERMS SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO SOLUTO FOR THE SOFTWARE, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR USING THE SOFTWARE OR REPORTS.
YOU SPECIFICALLY ACKNOWLEDGE THAT SOLUTO SHALL NOT BE LIABLE FOR THE RESULTS AND PERFORMANCE OF THE SITE, FOR USER SUBMISSIONS INCLUDING IMPLEMENTATION OF THE RECOMMENDATIONS THEREIN, THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER SOLUTO USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT SOLUTO IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. SOLUTO RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
This section shall survive any termination of these Terms.
You hereby agree to indemnify, defend and hold Soluto harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees, incurred as a result of or in connection with any demand, claims, action, suit, or loss arising as a result of (a) your use of Soluto’s Site, Software or Services; (b) any breach of these Terms by You or anyone on your behalf, (b) any fraud, misrepresentation, theft, destruction or manipulation of data by You or anyone on your behalf; (d) any claims of credit card fraud, identity theft or other unauthorized use or misuse of personal data or other information gained as a result of your use of the Service, or anyone acting on your behalf; or any other type of claim, whether sounding in civil law, criminal law, or otherwise, arising out of your use of the Site, Software or Service. You agree to cooperate with Soluto in the defense of any demand, claim, action or suit.
This section shall survive any termination of these Terms.
You acknowledge that any software and related documentation that may be available to download or access from the Site (the "Software") is the copyrighted work of Soluto. You agree that use of the Software is governed by the terms of the license agreement which is accompanied or included with the Software (the "License Agreement"). Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.
The relationship between You and Soluto is governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and Soluto agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Yafo, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND SOLUTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING THE SITE, YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
This section shall survive any termination of these Terms.