Terms of use

1 ACCEPTANCE OF TERMS
1.1 Please read these Terms of Use ("Terms") carefully before using CTC-CONVERGENCE.COM website ("Website"). By accessing and using this Website in any way, including, without limitation, browsing, using, downloading, and/or placing an order for information, products, services, or any materials (collectively known as "Content") from the Website, You agree to and are bound by the Terms described in this document. If You do not agree to all of the Terms, do not use this Website in any manner.
1.2 The Terms are entered into by and between Convergence Ltd. ("CTC") and You. If You are using the Website on behalf of Your employer, You represent that You are authorized to accept these Terms on Your employer's behalf. CTC provides Content accessible through this Website to You, subject to the Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance the current Website, including the release of new CTC Content.

2 USE OF CONTENT
2.1 You acknowledge that the Website contains Content that is protected by copyright, trademark or other proprietary rights of CTC. All Content on the Website is copyrighted as a collective work of CTC pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Website. Users of the Website may use the Content only for their personal, non-commercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. You may post on the Website any Content owned by you (such as your original statements), Content for which You have received express permission from the owner and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant CTC the right to edit, copy, publish, distribute, translate and otherwise use in any medium any Content that You place on the Website without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence.
2.3 You may download or copy the Content only for your own personal use, provided that You maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of CTC. You may download from the Website any Content in the public domain for Your own personal use or for non-commercial redistribution.

3 YOUR CONDUCT
3.1 You shall not post on the Website any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Website any links to any external Internet sites that are obscene or pornographic. You shall not use the Website for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
3.2 You agree not to use the Website in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the Website any Content that is Objectionable. You agree not to use any CTC domain name as a pseudonymous return email address for any communications that You transmit from another location or through another service; and You may not pretend to be someone else or spoof their identity when using the Website. Furthermore, You agree not to transmit unsolicited or bulk communications to any CTC or affiliated email address (regardless of whether You use the Website to transmit any such communication).

4 CONTENT SUBMITTED TO CTC
4.1 CTC does not claim ownership of the Content You place on Website. By submitting Content to CTC for inclusion, You grant CTC and all other users of the Website a worldwide, royalty-free, and nonexclusive license to reproduce, modify, distribute, transmit, display, perform, adapt, and publish the Content (including in digital form).
4.2 You acknowledge that CTC does not pre-screen Content, but that CTC and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Content that is available via the Website. Without limiting the foregoing, CTC and its designees may disable, restrict access to or the availability of, any Content that violates the Terms or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
4.3 Unless otherwise explicitly stated, herein, or in CTC's Privacy Policy, any Content provided by You in connection with this Website shall be deemed to be provided on a nonproprietary and non-confidential basis. CTC shall have no obligation of any kind with respect to such Content and shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You acknowledge that You are responsible for the Content that You submit, and You, not CTC, have full responsibility for the Content, including their legality, reliability, appropriateness, originality and copyright.

5 DELIVERY OF EMAIL
5.1 CTC will attempt to deliver all of the email that is addressed to Your email address on the Website. However, sometimes, someone who may or may not be a subscriber to the Website may attempt to relay large numbers of email messages, in bulk, off of or through one of our servers. CTC reserves the right to discard that bulk relay email because it is an unauthorized use of our equipment. Any email addressed to you in care of CTC that is included in that bulk relay email may not be delivered to You.

6 INDEMNITY
6.1 You agree to indemnify and hold CTC, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of the Website, including any use by Your employees, Your connection to the Website, Your violation of the Terms, or Your violation of any rights of another.

7 NOTICES; MODIFICATION AND TERMINATION OF SERVICES
7.1 CTC may send notices to You via either email or regular mail. The Website may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Website. CTC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. CTC may make changes to the Website, including regarding products, services, programs, and prices, at any time without notice. CTC, in its sole discretion, may terminate use of the Website and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if CTC believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to the Website under any provision of the Terms may be effected without prior notice. Further, CTC will not be liable to You or any third-party for any termination, modification, or suspension of the Website.

8 ADVERTISEMENTS AND PROMOTIONS
8.1 CTC may run advertisements and promotions from third parties on the Website. The manner, mode and extent of advertising by CTC on the Website are subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than CTC found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. CTC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-CTC advertisers on the Website.

9 LINKS
9.1 The Website may provide, or third parties may provide, links to other Internet sites or resources. Because CTC has no control over such sites and resources, You acknowledge and agree that CTC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. CTC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9.2 This Website may be linked to other websites which are not under the control of and are not maintained by CTC. CTC is not responsible for the content of those sites. CTC is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by CTC of those sites.

10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in third-party advertisements or information presented to You through the Website or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by CTC or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part.
10.2 CTC is committed to respecting others' intellectual property rights, and we ask our users to do the same. CTC may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact us immediately.
10.3 All Content provided on this Website is provided by or to CTC by its respective authors, developers and vendors (the "Third Party Providers") and is the copyrighted work of CTC and/or the Third Party Providers. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of CTC or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of CTC. You also may not, without CTC's prior express written permission, "mirror" any Content contained on this Website on any other server.
10.4 Nothing on this Website shall be construed as conferring any license under any of CTC's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
10.5 Permission is granted to display, copy, distribute and download CTC's Content on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Content, (2) the use of such Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, except as explicitly permitted by valid license covering such materials, and (3) no modifications of any of the Content are made. This permission terminates automatically without notice if You breach any of these terms or conditions. Upon termination, You must immediately destroy any downloaded and printed Content.
10.6 Any unauthorized use of any Content contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
10.7 Content provided by Third Party Providers has not been independently authenticated in whole or in part by CTC. CTC does not provide, sell, license, or lease any of the Content other than those specifically identified as being provided by CTC.

11 DISCLAIMER OF WARRANTIES
11.1 Your use of the Website is at Your sole risk. The Website and Information are provided on an "as is" and "as available" basis. Unless otherwise explicitly stated, the Content on the Website is provided "as is", "with all faults," is experimental, and is for commercial use only. CTC disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, fitness for a particular purpose, or non-infringement. CTC makes no representations, warranties, conditions or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the content contained on the Website. CTC may make available on the Website Content available for downloading which has been submitted by third-party users of the Website. Any questions regarding the content should be directed to the providers of such Content. In no event will CTC or its suppliers be liable for the accuracy or completeness of the content or information from the Website.
11.2 CTC makes no warranty or condition that: (I) the Website will meet Your requirements, (II) the Website will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the Website will be accurate or reliable, or (IV) the Content obtained by You through the Website will meet Your expectations.
11.3 Any Content downloaded or otherwise obtained through the use of the Website is done at Your own discretion and risk and You are solely responsible for any damage to Your computer system or loss of data that results from the download of any such material, including any damages resulting from computer viruses.
11.4 No advice or information, whether oral or written, obtained by You from CTC or through or from the Website will create any warranty or condition not expressly stated in the Terms. CTC's employees are not authorized to vary these terms.

12 LIMITATION OF LIABILITY
12.1 To the extent not prohibited by applicable law, CTC is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if CTC has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of or related to: (i) the use of or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the services and ctc-convergence.com; or (v) any other matter relating to the services, including content you may download, use, modify or distribute from CTC's Website.
12.2 You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website and will not make a claim against CTC for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the content.
12.3 You agree to hold CTC harmless from, and you covenant not to sue CTC for, any claims based on using the Website, whether in contract (including fundamental breach), tort (including negligence) or otherwise. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

13 GENERAL INFORMATION
13.1 The Terms constitute the entire agreement between You and CTC and govern Your use of the Website, superseding any prior agreements between You and CTC on the subject matter (including, but not limited to, any prior versions of the Terms). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms expressly contradicts any terms of a prior written agreement between You and CTC in effect as of the date of Your use of the Website and specifically regarding your use of the Website ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional terms and conditions that may apply when you use other CTC services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder.
13.2 CTC controls and operates this Website from its headquarters in the Switzerland and makes no representation that this Content is appropriate or available for use in other locations. If You use the this Website from other locations, You are responsible for compliance with applicable local laws.
13.3 This Website could include inaccuracies or typographical errors. CTC may make improvements and/or change in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. CTC may amend these Terms at any time by posting the amended terms on this site.
13.4 The failure of CTC to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
13.5 These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting, or additional, communications.