TERMS OF USE

Effective since 01.12.2008

Welcome to FCA Software.net (“The Site”) owned by FCA Software Caministeanu e.K. (“FCA Software”). FCA Software provides website features to you subject to the following terms of use. Please read them carefully before using this site. In addition, when you use any current or future FCA Software service or business you also will be subject to the guidelines, terms and agreements applicable to such service or business.

By accessing and using any of the FCA Software Web Sites and Materials, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern FCA Software’s relationship with you in relation to this website.

If you do not agree to these Terms, do not use any of the FCA Software Web Sites or download any Materials.

1. COPYRIGHT

All content (“The Content”) included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as any material emailed to you or otherwise supplied to you in conjunction with our business activity, is the property of FCA Software or its content suppliers and protected by United States and international copyright laws. The compilation of all content is the exclusive property of FCA Software and protected by U.S. and international copyright laws. You may not use or reproduce The Content or parts of it, including any trademarks, registered or unregistered, for any reason without written permission from FCA Software.

The software, which operates the Site, is proprietary either of FCA Software or of its software suppliers and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

2. LICENCE AND SITE ACCESS

You may retrieve and display The Site Content on a computer screen or mobile telephone, print individual pages on paper (not photocopy them) and store such pages in electronic form only for your personal, non-commercial use. In case you download material from The Site, all copyright and other notices must be kept intact.

The license does not include any resale or commercial use of The Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of The Site or its Content; any downloading or copying of account information for the benefit of another merchant; any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of FCA Software.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FCA Software without express written consent. You may not use any Meta tags or any other "hidden text" utilizing The Site name, FCA Software name or trademarks without the express written consent of FCA Software.

You may not display the Content of The Site on a public bulletin board, ftp site, website, and chat room or by any other unauthorized means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of FCA Software.

The license grants you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Site so long as the link does not portray The Site, FCA Software, its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of The Site logo, FCA Software logo or other proprietary graphic or trademark as part of the link without FCA Software express written permission.

3. LICENCE FEE, PAYMENT AND TRANSACTIONS

It some cases, accessing certain parts of The Site may be subject to a fee or subscription. If so, all payments (including applicable taxes) must be made in advance in a currency specified by FCA Software. You are responsible for the payment of all charges associated with the use of The Site by using your Username, Password or ID.

Parties other than FCA Software operate stores, provide services, or sell product lines on The Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. FCA Software is not responsible for examining or evaluating, and it does not warrant the offerings of any of these businesses or individuals or the content of their Web sites. FCA Software does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

4. REGISTRATION, PASSWORDS AND RESPONSABILITIES

Some parts of The Site require registration. If you use The Site, you are responsible for maintaining the confidentiality of your account and password or ID, and you agree to accept responsibility for all activities that occur under your account or password / ID. You also agree to immediately notify FCA Software if you become aware of any loss or theft of any username, password or ID or any unauthorized use of a username, password, ID. FCA Software reserves the right to monitor and record activity, inclusive the access to The Site.

The Site and / or its suppliers sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use The Site only with involvement of a parent or guardian.

FCA Software reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

5. COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, ask questions, submit suggestions or other information. You may not:

• post, email, upload, transmit or otherwise make available on The Site any content that is illegal, harmful, obscene, abusive, threatening, defamatory, racially, ethnically, invasive of others privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
• post, email, upload, transmit or otherwise make available on The Site any content that is illegal, harmful, obscene, abusive, threatening, defamatory, racially, ethnically, invasive of others privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable;
• post, email, upload, transmit or otherwise make available on The Site any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post, email, transmit 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 equipment;
• post, email, upload, transmit or otherwise make available any content that contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “junk mail” or "spam.";
• attempt to gain unauthorized access to any FCA Software’s Sites or Content or to other accounts, through hacking, password mining or any other means;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
• reproduce, modify or exploit the Content of the Site.

If you post content or submit material, and unless we indicate otherwise, you grant FCA Software a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FCA Software and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FCA Software for all claims resulting from content you supply. FCA Software has the right, but not the obligation, to edit or remove any activity or content which violates the above mentioned conditions. FCA Software takes no responsibility and assumes no liability for the accuracy of any content posted by you or third parties.

6. CHANGES TO THE SITE

FCA Software reserves the right, at its discretion, to modify, suspend, add or remove all or part of The Site at any time and to restrict the use and accessibility of The Site.

7. TERMS AND TERMINATION

FCA Software may, at its discretion, terminate or suspend individual or group access to all or part of its Sites (including any right to access and use The Sites’ Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights of FCA Software provided in these Terms or by the law.

8. PRIVACY POLICY

FCA Software maintains a high level of privacy and security for your details. View our online Privacy Policy in full. FCA Software reserves the right to make changes to its Sites, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

9. FORCE MAJEURE

FCA Software, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of The Sites’ Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

10. LINKS TO THIRD PARTY WEBSITES

The Sites may contain links and pointers to Internet sites maintained by third parties. FCA Software does not operate or control in any respect any information, products or services on such third party sites. Links are provided solely for your convenience, and do not constitute any endorsement by FCA Software and/or its suppliers. You assume sole responsibility for use of third party links and pointers.

11. ADVERTISING AND THIRD PARTY CONTENT

Parts of the Sites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. FCA Software is not responsible for any third party content or error, omission or inaccuracy in any advertising material.

12. RIGHTS OF REPLY

FCA Software makes all the possible efforts to ensure the high quality and accuracy of The Sites’ Content and respects the intellectual property of others.

If at any time, you or your organization have a complaint or comment to make about the Content featured within the Site, or if you or your organization believe that your work has been copied in a way that constitutes copyright infringement, please contact the party responsible for that particular content / product, whose details can be found on the page of the content / product page in question.

13. APPLICABLE LAW

By visiting FCA Software’s Sites, you agree that the German laws, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and FCA Software.

Any dispute relating in any way to your visit to The Site or to products or services sold or distributed by FCA Software through The Site shall be adjudicated in the court of Hamburg, Germany, and you consent to exclusive jurisdiction and venue of this court.

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY FCA SOFTWARE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FCA SOFTWARE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FCA SOFTWARE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FCA SOFTWARE DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; THEIR SERVERS; OR E-MAIL SENT FROM FCA SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FCA SOFTWARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.