The following terms and conditions (the “Agreement”) govern the use of the Apegeo websites and all content and services available at or through the websites (collectively, the “Service”). The Service is owned and operated by Apegeo (“Apegeo”). The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.
This Agreement is between Apegeo and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.
You retain the rights to content you submit to the Service. You grant Apegeo and its service providers the right to temporarily store and modify your content insofar as necessary to provide the Service to you. Submitted content will be stored for a maximum of 48 hours.
You acknowledge and agree that Apegeo imposes a limit on the size and the number of requests you may send to the Service. Apegeo may change such limits at any time, at Apegeo’s sole discretion.
Payment and renewal
By purchasing a product you agree to pay Apegeo the listed price. Payments will be charged immediately after purchase.
By purchasing a paid subscription you agree to pay Apegeo the applicable fees for your usage of the Service. You will be billed monthly for the fees calculated over the previous calendar month. You authorize Apegeo to collect the fees using any payment method we have on record for you. We may increase or add new fees after giving you advance notice.
Listed prices are in U.S. dollars (USD) and include any sales tax (VAT) when applicable. The charged prices are equal to the listed prices regardless of the amount of sales tax to be paid. Payments are not refundable.
When subscribing to the Service Apegeo grants you a non-exclusive, non-transferable, non-sublicensable license during your subscription period to use the Service.
Apegeo respects the intellectual property rights of others. Apegeo asks you to respect the intellectual property rights of Apegeo. All rights, title and interest in and to such property will remain solely with Apegeo.
You represent and warrant that:
your use of the Service will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
content you submit does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
you will not use the Service in any manner that may disable, damage or overburden it;
your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area).
Apegeo in its sole discretion has the right (though not the obligation) to refuse or remove content, terminate any subscription, and deny or limit access to use of the Service to any individual or entity if the terms of this Agreement are violated.
Apegeo may log each request to the Service. A log entry can contain information such as your browser type, your IP address, the date and time of day, and the size, fingerprint or other characteristics of transferred files. The purpose in collecting this information is to understand how the Service is used and to limit the number of requests from a single IP address. Submitted content will not be shared with third parties other than Apegeo’s service providers, unless required to comply with the law or requests of governmental entities.
Apegeo uses service providers based in the USA. Personally identifiable information regarding your payments may be transferred, processed and stored outside of Europe.
Disclaimer of warranties
The Service is provided “as is”. Apegeo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Apegeo nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.
Limitation of liability
In no event will Apegeo, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Apegeo under this Agreement during the twelve (12) month period prior to the cause of action. Apegeo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Apegeo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Apegeo reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of Apegeo, or by the posting by Apegeo of a revised version.
Applicable law and jurisdiction
Except to the extent applicable law, if any, provides otherwise this Agreement, any access to or use of the Service will be governed by the laws of the state of the Netherlands, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Amsterdam, the Netherlands. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
This Agreement constitutes the entire agreement between Apegeo and you concerning the subject matter hereof.