Welcome to the website of WCM Software. This is a web based Platform owned solely by WCM Software (referred to as “Company”),
a company organised and existing under the laws of The Netherlands, based in The Hague, The Netherlands.
These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available on the Platform ("the Platform", "we" or "us") by the Company.
These Terms and Conditions represent the whole agreement and understanding between the Company and the individual or entity that uses the services of the Platform ("User" or "you").
To clarify, anyone using this Platform, either registered or unregistered, will be referred to as a “User”. The Company and User are collectively referred to as Parties and each as Party.
By using the Platform you acknowledge that you have read, understood and agree to the Terms and Conditions of this Agreement.
As a User of this Platform you agree to this legally binding Agreement which governs your interactions on and usage of this Platform.
You expressly agree that you have the choice of not using this Platform and that you agree to the Terms and Conditions without any limitation.
The Company reserves the right to block access to Users, with or without notice, for conduct that is in breach of this Agreement,
for conduct that we believe is harmful to our business, or for conduct that is unlawful or for conduct where the use of the Service is harmful to any other party.
The Company may, in its sole discretion, change or modify this Agreement at any time, with or without notice.
Such changes or modifications shall be made effective for all Users upon posting of the modified Agreement to this web address (URL) http://wcmsoftware.com/terms-conditions/
You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Your use of the Platform following the posting of the modified Agreement will constitute your acceptance of any such changes or modification.
a. Content: The content of the Platform is protected by intellectual property laws of The Netherlands, foreign nations and international bodies.
Unauthorized use of the material shall tantamount to infringement of copyright, trademark and/or other laws in force.
Any links to third-party websites are provided solely as a convenience to you.
The Company does not endorse the contents on any such third-party websites.
The Company is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites.
If you link to third-party websites, you do so at your own risk.
The following is a non-exclusive list of content, and behavior prohibited by the Platform:
Content that condones, promotes, contains, or links to cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene,
filthy, excessively violent, harassing, or otherwise offensive material.
Content or otherwise that exploits children less than 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any the Company’s service, solution or technology.
b. License: By using the Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in connection with your commercial or noncommercial use of the Platform.
You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party
(if third party content is at issue).
The Company does not have the ability to control the nature of the User Content offered through the Platform.
You are solely responsible for any content you post. The Company is not liable for any damage or harm resulting from any posts.
However, if you do not wish to submit, post, store or transmit any User Content on the Platform ,
you are hereby requested to cease using the Services available on the Platform.
3. LIMITATION OF LIABILITY
The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk.
The Platform makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service.
The Platform is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by the Platform.
In no event shall the Platform be liable to you for any direct, indirect, incidental or consequential damages or economic loss in connection with this agreement or arising out of the Service provided to you.
The Company, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service.
In no event shall the Platform be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content,
or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You will release, indemnify, defend and hold harmless the Company, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims,
damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement;
(2) the Platform content or your use of the Platform content;
(3) any intellectual property or other proprietary right of any person or entity;
(4) your violation of any provision of this Agreement; or
(5) any information or data you supplied to the Company. When the Company is threatened with suit or sued by a third party,
the Company may seek written assurances from you concerning your promise to indemnify the Company;
your failure to provide such assurances may be considered by the Company to be a material breach of this Agreement.
The Company will have the right to participate in any defense by you of a third-party claim related to your use of any of the Platform content,
with counsel of the Company choice at its expense. The Company will reasonably cooperate in any defense by you of a third-party claim at your request and expense.
You will have sole responsibility to defend the Company against any claim, but you must receive the Company prior written consent regarding any related settlement.
The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Platform.
5. FORCE MAJEURE
The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake,
flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
6. CESSATION OF OPERATION
The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.
7. ENTIRE AGREEMENT
This Agreement comprises the entire agreement between you and the Company and supersedes any prior agreements pertaining to the subject matter contained herein.
8. EFFECT OF WAIVER
The failure of the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
If any provision of this Agreement is found by a court of competent jurisdiction 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 this Agreement remain in full force and effect.
9. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of The Netherlands without regard to its conflict of law principles to the contrary.
Neither you nor the Company will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement,
or otherwise arising under or by reason of this
Agreement, other than in courts located in The Netherlands
By using this Platform you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
10. STATUTE OF LIMITATION
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform
or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Company reserves the right to terminate your access to the Platform if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.
Following termination, you will not be permitted to use the Platform.
If your access to the Platform is terminated, the Company reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Platform.
This Agreement will survive indefinitely unless and until the Company chooses, in its sole discretion and without advance to you, to terminate it.
12. DOMESTIC USE
The Company makes no representation that the Platform is appropriate or available for use in locations outside The Netherlands.
Users who access the Platform from outside The Netherlands do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
You may not assign your rights and obligations under this Agreement to anyone.
The Company may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS PLATFORM YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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