The following terms and conditions (the “Terms and Conditions”) govern your use of this website and any of the content available through or through this website, including any content derived from it (the “Website”). ). Brandel Diesel inc. (“Brandel Diesel Inc.” or “we”) has made the Website available to you. We may change the Terms and Conditions from time to time, at any time without notice, only posting the changes on the Website. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS REGARDING YOUR USE OF THE WEBSITE. If you do not agree with these Terms and Conditions, you can not access it or use the Website in any other way.
1. Property Rights. Between you and Brandel Diesel inc., Brandel Diesel inc. is sole and exclusive owner, of all rights, title and interests in and of the Website, of all content (including, for example, audio, photographs, illustrations, graphics, other visual media, videos, copies, texts, software, titles, shock wave files, etc.), codes, data and materials thereof, the appearance and environment, the design and organization of the Website and the compilation of the contents, codes, data and materials on the Site. Web, including but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual properties and economic rights thereof. Your use of the Website does not give you ownership of any of the content, codes, data or materials that you may access on or through the Website.
2. Limited License. You may access and view the content of the Website from your computer or from any other device and, unless otherwise stated in these Terms and Conditions or on the Website, make individual copies or impressions of the Website content. for your personal, internal use only. The use of the Website and the services offered on or through the Website are only for your personal, non-commercial use.
3. Prohibited use. Any distribution, publication or commercial or promotional exploitation of the Website, or any of the contents, codes, data or materials on the Website, is strictly prohibited, unless you have received prior express written permission from authorized personnel. of Brandel Diesel inc. or of any other applicable rights holder. Unless it is expressly permitted in this contract, you may not download, inform, expose, publish, copy, reproduce, distribute, transmit, modify, execute, disseminate, transfer, create derivative works, sell or in any other way exploit any of the contents, codes, data or materials on or available through the Website. You further agree not to alter, edit, delete, remove, or otherwise change the meaning or appearance of, or change the purpose of, any of the content, codes, data or materials on or available through the Website. , including, without limitation, the alteration or removal of any trademark, registered trademark, logo, service mark or any other property content or notification of property rights. You acknowledge that you do not acquire any property rights by downloading any copyrighted material from or through the Website. If you make any other use of the Website, or of the contents, codes, data or materials found there or that are available through the Website, unless you have been previously stipulated, you may violate the copyright laws. author and other laws of the United States and other countries, as well as applicable state laws, and may be subject to legal liability for such unauthorized use.
4. Trademarks. The trademarks, logos, service marks, trademarks (jointly the “Trademarks”) displayed on the Website or in the contents available through the Website are Trademarks of Brandel Diesel inc. Registered and unregistered and others, and can not be used with respect to products and / or services that are not related, associated or sponsored by their holders of rights and that may cause confusion to customers, or in some way that denigrates or discredits to their rights holders. All Trademarks that are not Brandel Diesel inc. that appear on the website or in or through the services of the Website, if any, are the property of their respective owners. Nothing contained in the Website shall be construed as granting, by implication, rejection, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Brandel Diesel inc. or of third parties that may own this Trademark. The misuse of the Trademarks displayed on the Website or in or through any of the services of the Website is strictly prohibited.
5. User Information. In the course of your use of the Website and / or the services made available to you on or through the Website, you may be asked to provide us with certain personalized information (such information hereinafter “User Information”) . The use and information collection policies of Brandel Diesel inc. with respect to the privacy of said User Information are established in the Privacy Policy of the Website, which is incorporated into it as a reference for all purposes. You acknowledge and agree to be solely responsible for the accuracy of the content of the User Information.
6. Submitted Materials. Unless specifically requested, we do not ask or wish to receive any confidential, secret or patrimonial information, or other material from you through the Website, by email or in any other way. Any information, creative works, demonstration, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials that you have sent or presented to us (including, for example and without limitation, what you submit or send to our groups) of chat, message boards and / or our ‘blogs’, or that you send us via email) (“Submitted Materials”) will be considered non-confidential or secret and may be used by us in any manner consistent with the Policy of Privacy of the Website. By submitting or submitting Submitted Materials, you: (i) represent and warrant that the Submitted Materials are original to you, that no other person has any rights to them, and that any “moral rights” over the Submitted Materials have been waived, and ( ii) you grant us and our affiliates, royalty and royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable rights, which may be assigned and sub-licensed, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, execute, expose and incorporate into other works any of the Presented Materials (all or in part) in any form, medium or technology not known or to be developed, including promotional purposes and / or commercial. We can not be responsible for keeping any Presented Material provided by you and we may delete or destroy such Presented Material at any time.
8. Public Forums Brandel Diesel inc. may, from time to time, have messaging services, chat services, news boards, blogs, other forums, and other services available on or through the Website. In addition to any other regulations and regulations that we may publish with respect to a particular service, you agree not to upload, inform, transmit, distribute or otherwise publish through the Website or any service or article made available. on or through the Website, any material that (i) restricts or inhibits any other user from using and enjoying the Website or the services of the Website, (ii) is fraudulent, illegal, threatening, abusive, harassing, libelous , defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international, (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyrights, trademarks, trade secrets, confidentiality, contracts, patents, rights of privacy or publicity or any other right of ownership, (v) contains a virus, espionage element or other harmful component, (vi) contains fixed links, advertising, chain letters or schemes of pyramids of any kind, or (vii) constitutes or contains indications of origin, endorsements or false or misleading statements of facts. You further agree not to personify any other person or entity, whether real or fictitious, including any person of Brandel Diesel inc. You also can not offer to buy or sell any product or service in or through your comments presented in our forums. Only you are responsible for the content and consequences of any of your activities.
9. Right of Monitoring and Editorial Control. Brandel Diesel inc. reserves the right, but has no obligation, to monitor and / or review all materials sent to the Website or through the services or articles on the Website by users, and Brandel Diesel inc. is not responsible for such materials sent by users. However, Brandel Diesel inc. reserves the right at all times to disclose any information that is necessary to satisfy any law, regulation or governmental request, or to edit, refuse to place or remove any information or materials, all or in part, which at the sole discretion of Brandel Diesel inc. are objectionable or in violation of these Terms of Use, the policies of Brandel Diesel inc or the applicable law. We may also impose limits on certain articles of the forums or restrict your access to part or all forums without notice or sanction, if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notification or liability.
10. Private or Delicate Information in Public Forums. It is important to remember that the comments presented in a forum can be recorded and stored in multiple places, both on our website and elsewhere on the Internet, which can be accessed for a long time and there is no control over who will read them eventually. It is therefore important that you be careful and selective about the personal information you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments in our public forums.
11. Links to the Website. You agree that if you include a link (link) from any other website to the Website, the link will open in a new browser window and link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image stored on the Website or in our services, such as using an “on-line” linking method to cause the image stored by us to be displayed on another website. You agree not to download or use images stored on this Website on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link to any other website to this Website in such a way that the Website, or any page of the Website, is “framed”, surrounded or obfuscated by the contents, materials or brand positioning of any third party. . We reserve all of our rights under the law to insist that any link to the Website be discontinued and to revoke your right to link to the Website of any other website, at any time in which we notify you in writing.
12. Compensation. You agree to defend, indemnify and remove Brandel Diesel inc. and to the directors, officers, employees and agents of Brandel Diesel inc. and its affiliates in peace and safe from any demand, liability, costs and expenses, of any nature, including attorneys’ fees, in which it incurred as a result of the use of the Website, its placement or transmission of any message, content, information, software or other materials through the Website, or its breach or violation of the law or these Terms and Conditions. Brandel Diesel inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you are obligated to cooperate with Brandel Diesel inc. in the defense of said demand.
13. Orders of Products and Services. We can make certain products available to visitors and registered users of the Website. If you order any product, you represent and warrant that you are 18 years of age or older. You are obliged to pay the full price of any purchase you make, either by credit / debit card concurrent with your order online or by another means of payment acceptable to Brandel Diesel inc. You agree to pay all applicable taxes. If the payment is not received by us from the issuer of your credit or debit card or its agents, you agree to pay all amounts owed at the time of the claim by us. Some products that you purchase and / or download on or through the Website may be subject to additional terms and conditions that will be presented to you at the time of such purchase or download.
14. Third Party Websites. You can link (link) the Website to third party websites and third parties can link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertisements, codes or other materials that may or may not be provided by or through the Linked Sites, even if they are owned by or are directed by our affiliates. The links to Linked Sites do not constitute an endorsement or sponsorship of said websites or of the information, content, products, services, advertisements, codes or other materials presented on or through said websites. The inclusion of any link to such sites on our Site does not imply endorsement, sponsorship or recommendation of that site of Brandel Diesel inc. Brandel Diesel inc. rejects any responsibility for the links (1) of another website to this Website and (2) to another website of this Website. Brandel Diesel inc. can not guarantee the standards of any website to which links are provided on this Website, nor will Brandel Diesel inc. responsible for the contents of said sites, or any subsequent link. Brandel Diesel inc. does not represent or guarantee that the contents of a third party’s website are accurate, that they comply with state or federal law, or that they comply with copyright laws or other intellectual property laws. Brandel Diesel inc. Neither is responsible for any form of transmission received from any linked website. Any trust placed in the contents of a third-party website is done at your own risk and you assume all the responsibilities and consequences that result from such trust.
WE TRY TO ENSURE THAT THE INFORMATION PUBLISHED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME WITHOUT ANY PRIOR NOTICE. Brandel Diesel inc. NEITHER ENDORSES OR IS RESPONSIBLE FOR THE ACCURACY OR ACCURACY OF ANY OPINION, ADVICE OR DECLARATION ON THE WEBSITE, OR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, ILLEGAL OR VIOLATORY PUBLICATION MADE BY ANYONE OTHER THAN AN EMPLOYEE SPOKESMAN AUTHORIZED BY Brandel Diesel inc. IN ITS OFFICIAL CHARTER (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, CONCLUSION OR UTILITY OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE BOARD OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY INFORMATION, OPINION, ADVICE OR OTHER SPECIFIC CONTENT, INCLUDING BUT NOT LIMITED TO, INFORMATION, OPINION, ADVICE OR OTHER FINANCIAL, HEALTH OR STYLE CONTENT OF LIFE.
PRIOR TO THE REALIZATION OF A PURCHASE OR SALE OF ANY VALUE OR INVESTMENT, WE ADVISE YOU TO CONSULT YOUR BROKER OR OTHER FINANCIAL ADVISER TO VERIFY PRICES AND OTHER INFORMATION. WE WILL NOT HAVE ANY RESPONSIBILITY FOR INVESTMENT DECISIONS BASED ON, OR FOR RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED ON THE WEBSITE WILL BE INTERPRETED AS AN INVESTMENT ADVICE. Brandel Diesel inc. IT IS NOT A REGISTERED BAG DEALER OR AN INVESTMENT CONSULTANT AND DOES NOT GIVE INVESTMENT ADVICE OR RECOMMEND A PRODUCT OVER ANOTHER.
WITHOUT LIMITING THE ABOVE MENTIONED IN THIS SECTION, Brandel Diesel inc, AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT OR SERVICE ORDERED OR PROVIDED VIA THE WEBSITE, AND ARE RENOUNCED IN THE PRESENT , AND YOU HEREINAFTER DISCLAIMED, OF ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE TO LITERATURE ON PRODUCTS OR SERVICES, TO QUESTIONS MADE FREQUENTLY IN DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH Brandel Diesel inc. OR WITH ITS AGENTS. ANY PRODUCT OR SERVICE ORDERED OR PROVIDED VIA THE WEBSITE IS PROVIDED BY Brandel Diesel inc. “AS IS”, EXCEPT TO THE DEGREE, IF THE CASE IS ADDRESSED, OTHERWISE STATED IN WRITING, IN A LICENSE OR SALE CONTRACT CELEBRATED SEPARATELY BETWEEN YOU AND Brandel Diesel inc. OR YOUR PROVIDER OR THE PERSON GIVING THE LICENSE.
17. LIMIT OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL Brandel Diesel inc., OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS, OF THE CONTENT OR SERVICES (JOINTLY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DAMAGES DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE AS A RESULT OF, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENTS, MATERIALS AND FUNCTIONS RELATED TO IT, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESSES OR LOST SALES, EVEN WHEN SUCH PROTECTED ENTITY HAS BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS DO NOT APPLY TO SOME USERS. IN NO EVENT SHALL THE ENTITIES PROTECTED BY OR IN CONNECTION WITH ANY CONTENT PUBLISHED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR ANY OTHER PERSON ON OR THROUGH THE WEBSITE BE LIABLE. IN NO EVENT SHALL THE TOTAL AMOUNT OF RESPONSIBILITIES OF THE PROTECTED ENTITIES TO YOU, FOR ALL DAMAGES, LOSSES AND CAUSES OF CRIMINAL ACTION (WHETHER BY CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) RESULT FROM THE TERMS AND CONDITIONS OR THE USE YOU MAKE OF THE WEBSITE, YOU MUST EXCEED IN THE TOTAL AMOUNT, THE AMOUNT, IF ANY, PAID BY YOU TO Brandel Diesel inc. FOR THE USE OF THE WEBSITE OR FOR THE PURCHASE OF PRODUCTS VIA THE WEB SITE.
18. Photosensitive attacks. A very small percentage of people may experience an attack when exposed to certain visual images, such as lights or flashing pictures that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These attacks have a variety of symptoms, including dizziness, disorientation, confusion, momentary loss of consciousness, twitching of the eyes or face, altered vision, or jerking or jerking of the arms or legs. If you experience any of the above symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Website and consult a doctor.
19. Applicable Laws. We control and operate the Website from our offices in the United States of America. We do not represent the materials on the Website as appropriate or available for use in other places. Individuals who choose to access the Website from other locations will do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. All parties subject to these terms and conditions waive their respective rights to a jury trial.
20. Term. Brandel Diesel inc. You may terminate, change, suspend or discontinue any aspect of the Website or the services of the Website at any time. Brandel Diesel inc. You may restrict, suspend or terminate your access to the Website and / or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. Brandel Diesel inc. maintains a policy that stipulates the termination, in appropriate circumstances, of the privileges of use of the Website for users who are repetitive violators of intellectual property rights.
21. Changes to Terms of Use. Brandel Diesel inc. reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes to the Terms and Conditions will be effective when they are posted. The continued use of the Website and / or the services made available on or through the Website after any change has been published, will be considered acceptance of those changes.
22. Miscellaneous. The Terms and Conditions and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America, without regard to conflicts of law provisions. You agree that any cause of legal action that results under the Terms and Conditions will be initiated and heard in the appropriate court in the State of New York, New York County, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York in the State of New York. Our failure to exercise and enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties, however, agree that the court should endeavor to apply the intentions of the parties as reflected in the provision, and the other The provisions of the Terms and Conditions remain in force.
