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Terms and Conditions
Subject to your agreement and continuing compliance with these Terms and Conditions and any other relevant Beneq policies, Beneq grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access, useto browse, view, download, and print the various documents and information available on the Beneq Site (collectively, the "Content")for your own non-commercial purposes. You agree not to use the Beneq Site for any other purpose. Documents such as white papers, press releases, FAQs, and other such material provided on the Beneq Site may be downloaded and used for non-commercial purposes, provided that the copyright notice is maintained on the documents, and no modifications of the documents are made.
Framing or deep-linking to Content contained within the Beneq Site is permitted only with Beneq’s prior written authorization. By hyperlinking to the Beneq Site, you automatically grant Beneq the unrestricted right to hyperlink to your website at no cost to Beneq.
Any use of the Beneq Site in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that Beneq deems to be in conflict with the spirit or intent of the Beneq Site or make improper use of Beneq’s support services.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Beneq Site, or other attempts to disrupt the Beneq Site.
- Solicit or attempt to solicit personal information from other users of the Beneq Site or collect or post anyone’s private information, including personally identifiable information through the Beneq Site.
Beneq reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms and Conditions or the Beneq Site itself. Beneq reserves the right to take action as a result, which may include prohibiting you from using the Beneq Site in whole or in part.
OWNERSHIP OF CONTENT
Various aspects of the Beneq Site are protected by trademark, trade-dress, copyright, unfair competition, and other intellectual property laws. Any and all intellectual property rights associated with the Content of the Beneq Site (including graphical design features, arrangement of the Content, HTML code, and the like) are the sole property of Beneq, and may not be copied, reproduced, modified, uploaded, transmitted, distributed, or otherwise used except as provided in these Terms and Conditions.
Except as expressly provided herein, Beneq does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Beneq Site.
BENEQ, the Beneq Logo, and all other Beneq product and service names (collectively, the "Beneq Marks") are trademarks or registered trademarks of Beneq Oy. All other trademarks not owned by Beneq that appear on this site are the property of the respective owners, who may or may not be affiliated, connected to, or sponsored by Beneq. You agree not to display or use the Beneq Marks without prior written permission of Beneq.
BENEQ ASSUMES NO RESPONSIBILITY FOR CONTENT DOWNLOADED, UPLOADED, STORED, TRANSMITTED TO, OR OTHERWISE PROCESSED BY THE BENEQ SITE. ACCORDINGLY, IF YOU CHOOSE TO USE THE BENEQ SITE, YOU DO SO AT YOUR OWN RISK. FOR EXAMPLE, YOU ACKNOWLEDGE THAT YOU ARE AWARE OF THE LIMITATIONS OF SECURITY, AUTHENTICATION, ENCRYPTION, AND PRIVACY MEASURES USED IN CONNECTION WITH THE INTERNET, INCLUDING THE BENEQ SITE.
IN NO EVENT SHALL BENEQ OR ITS PARENT OR AFFILIATED COMPANIES OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE BENEQ SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, LOSS OF PROFITS, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS, OR THE USE OR INABILITY TO USE THE BENEQ SITE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF BENEQ WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Beneq may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Beneq’s liability shall be the minimum permitted under such applicable law. IN PARTICULAR, NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF BENEQ.
BENEQ DOES NOT WARRANT THAT ACCESS TO THE CONTENT INCLUDED ON THE BENEQ SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT YOU WILL BE ABLE TO ACCESS OR USE THE BENEQ SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, AND RESERVES THE RIGHT TO REVISE THE BENEQ SITE OR WITHDRAW AND/OR RESTRICT YOUR ACCESS TO THE BENEQ SITE AT ANY TIME.
THE SERVICE COVERED UNDER THIS AGREEMENT IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
NO LIABILITY FOR THIRD-PARTY SITES
Beneq may include links to sites that are owned or operated by third parties. You acknowledge that Beneq has no control over the content of any such third-party sites and is not responsible for material created or published therein. By hyperlinking to a third-party site, Beneq does not imply that Beneq is associated with or otherwise endorses the site or products or services referenced in the third-party site.
You agree to indemnify, defend and hold Beneq and its vendors, service providers, parent company, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Beneq Site, or any breach by you of these Terms and Conditions, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior..
SUBMISSION OF INFORMATION
“User Content” means any communications and information that you upload or transmit through the Beneq Site, or that other users upload or transmit.
You agree not to reproduce, duplicate, sell, copy, resell, or otherwise exploit for any commercial purposes, any portion of the Beneq Site.
UNSOLICITED COMMERCIAL E-MAILS
You acknowledge that Beneq would be irreparably harmed by your use of Beneq’s facilities in connection with the transmission or relaying of a substantial number of unsolicited e-mail messages ("Spam") in violation of the Terms and Conditions, and that Beneq is entitled to obtain injunctive relief in addition to all other available remedies against any such transmission. Beneq reserves the right to block, filter, or delete any such Spam.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE BENEQ SITE AND EMAIL SUBSCRIPTIONS OR PORTIONS THEREOF, PROHIBIT ACCESS TO THE BENEQ SITE, AND/OR ITS CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE BENEQ SITE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
Beneq reserves the right at any time to modify or discontinue, temporarily or permanently, the Beneq Site (or any part thereof) with or without notice, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Beneq shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinuation. Beneq may also change your priority of access to the Beneq Site with respect to other users. Beneq may modify or update the Beneq Site at any time without notice.
These Terms and Conditions shall constitute the complete and exclusive agreement between you and Beneq. While Beneq reserves the right to modify the Terms and Conditions at any time, the terms may not be modified by you unless both you and an authorized representative of Beneq execute a separate written agreement. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this agreement.
GOVERNING LAW AND JURISDICTION
Any disputes between Beneq and you arising out of, or in connection with, your use of the Beneq Site, shall be exclusively governed by, and construed under, Finnish Law, and exclusively and finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with said rules. The place of arbitration shall be Helsinki, Finland, and the language to be used in the arbitration proceedings shall be Finnish.
Except as expressly and specifically set forth in this these Terms and Conditions, no representations, statements, consents, waivers, or other acts or omissions by Beneq shall be deemed a modification of these Terms and Conditions nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of Beneq.
You acknowledge that the rights granted and obligations made under these Terms and Conditions to Beneq are of a unique and irreplaceable nature, the loss of which shall irreparably harm Beneq and which cannot be replaced by monetary damages alone so that Beneq shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Beneq Site or any exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Beneq Site or any content or other material used or displayed through the Beneq Site.
Beneq shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Beneq, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Beneq’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Beneq is committed to protecting your privacy and security online. Please read the following policy so that you will fully understand how your personal information will be treated as you use Beneq Site. Our policy may change from time to time, so please check back periodically.
What personally identifiable information do we collect, and who is collecting it?
How do we use the information we get?
Beneq collects information in order to provide our users with personalized and customized service. We may also use the information to estimate our audience size and measure traffic patterns. We will often use the information we collect to notify you of important functionality changes to Beneq, new services, and special offers or contests that we think you’ll find valuable. If you would rather not receive such information, please contact us at info [at] beneq [dot] com. If you have more than one Beneq account, make sure you change your preferences for each account or e-mail name you have with us. Beneq researches our user demographics and interests based upon the information that you provide. We do this to better customize your experience, and we may share this research with our partners.
How does Beneq protect your information?
When you submit any files, information, or access your account, Beneq uses a secure server. The secure server software (SSL) encrypts all the information that you provide before it is sent to us. Additionally, we take reasonable measures to prevent unauthorized access to all of your data.
Unfortunately, no data transmission can ever be 100% secure. While we try to protect your personal information, we cannot ensure or warrant the security of the personal information that you transmit. You transmit such information at your own risk. Once we receive such information we will use our best efforts to maintain security on our system.
What are cookies?
With whom does Beneq share information?
Beneq will generally not disclose any of your personal information except when we have your permission or in special circumstances, such as when we have a good faith belief that such disclosure is necessary to comply with legal requirements, to respond to claims that any files or data violate the rights of third-parties, or to protect the rights, property, or personal safety of Beneq, its users, or the public.
Beneq may disclose information to our partners, but all such disclosure is specifically described to you prior to data collection or transfer. However, you can always tell us not to share your information with third parties by sending a blank e-mail message to info [at] beneq [dot] com. If you use more than one account, please send us this message from each e-mail account you use.
We welcome your questions and comments about privacy. Please send e-mail to info [at] beneq [dot] com.