Last Revision: January 31, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Website of SPHiNX, located at www.SPHiNXbackup.com (the “Website”) and the features and services available through the Website (the “Service”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with SPHiNX, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Website or Service on behalf of an entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and SPHiNX for violations of these Site Terms.
SPHiNX reserves the right to change or modify any of the terms and conditions contained in the Site Terms at any time in its sole discretion by posting the revised Site Terms on the Website and indicating at the top thereof the date such document was last updated. You expressly agree to such form of notification and waive any right to receive individual notice of such modifications. Your continued use of this Website following the posting of changes or modifications to the Site Terms will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website.
Except as expressly provided to the contrary in a writing by SPHiNX, the Website, the Website materials contained therein and the Service provided on or in connection therewith are provided on an “as is” basis without warranties of any kind, either express or implied. SPHiNX disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content and materials in the site. SPHiNX does not represent or warrant that materials in the Website or available from the Service are accurate, complete, reliable, current or error-free. SPHiNX does not represent or warrant that the Website or its servers are free of viruses or other harmful components.
SPHiNX is not responsible for typographical errors or omissions. SPHiNX cannot and does not represent or warrant that the Website, the Service or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download.
SPHiNX reserves the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SPHiNX.
LIMIT OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER SPHiNX NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, EVEN IF SPHiNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
COPYRIGHTS AND LIMITED LICENSES
Unless otherwise indicated in the Website, the Website and all content and other materials on the Website, including, without limitation, the SPHiNX logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of SPHiNX or its licensors or users and are protected by Canadian, American and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Website and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: any resale or commercial use of the Website or the Site Materials therein; the collection and use of any product listings, pictures or descriptions; the distribution, public performance or public display of any Site Materials; modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; use of any data mining, robots or similar data gathering or extraction methods; downloading (other than the page caching) of any portion of the Website, the Site Materials or any information contained therein, except as expressly permitted on the Website; or * any use of the Website or the Site Materials other than for its intended purpose.
Any use of the Website or the Site Materials other than as specifically authorized herein, without the prior written permission of SPHiNX, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Website to: harvest or collect email addresses or other contact information of other users from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website; use automated scripts to collect information from or otherwise interact with the Service or the Website; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, email addresses, and credit card numbers; solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense; violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; use or attempt to use another’s account, service or system without authorization from SPHiNX, or create a false identity on the Service or the Website; * upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of SPHiNX, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose SPHiNX or its users to any harm or liability of any type.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Website or Service that you did not create or that you do not have permission to post. You understand and agree that SPHiNX may, but is not obligated to, review the Website and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of SPHiNX violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to SPHiNX.
When you post User Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to SPHiNX an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the SPHiNX may retain archived copies of your User Content. SPHiNX does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Site Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
APPLICABLE LAW AND VENUE
This Agreement shall be interpreted, construed and governed by the laws of Quebec, Canada, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Provincial Court of Quebec or the Supreme Court of Quebec (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, SPHiNX shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Canadian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of SPHiNX, such action is necessary or desirable.
LINKS TO OTHER SITES
The Website may contain links to sites not operated or maintained by SPHiNX. These links are provided solely as a convenience to you and not as an endorsement by SPHiNX of the content of such third party sites. SPHiNX is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against SPHiNX regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies when you access those sites. SPHiNX reserves the right to terminate any link or linking program at any time.
SPHiNX is a virtual tape solution for backup and disaster recovery, owned by ETI-NET – the worldwide leader in backup of critical data for industries that never stop.