Terms & Conditions
EXPONEA DEMO SHOP
These terms govern the use of the website https://demo.exponea.com/ (hereinafter „Exponea Demo Shop“) which is a demo website operated by Exponea s.r.o., Business ID No. 50017560, with its registered seat at City Business Center I, Karadžičova 8/7244, 821 08 Bratislava – mestská časť Ružinov, Slovakia, registered in the Commercial register maintained by the County Court Bratislava I, Insert Sro, File No.107011/B (“Exponea” or “we”). Any use of Exponea Demo Shop is subject to these Website Terms (hereinafter “Terms”).
Contact email address of Exponea: alper.gondiken@exponea.com
Please read these Terms carefully prior accessing and using the Exponea Demo Shop as they relate to any use of Exponea Demo Shop. By using or accessing Exponea Demo Shop you acknowledge that you have carefully reviewed, and you agree to these Terms. If you do not agree with these Terms, you are not entitled to access or use Exponea Demo Shop.
1. PRODUCTS LISTED ON EXPONEA DEMO SHOP
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1.1. Exponea Demo Shop serves solely for the purposes of demonstration of the functionalities of the Exponea Application. 1.2. Products listed on the Exponea Demo Shop are not for sale. Exponea Demo Shop is not an operational shop and Exponea does not sell any Products thought Exponea Demo Shop. The Products contained on the Exponea Demo Shop are displayed with the consent of Ben Mercier of WeirdFish. 1.3. The payment gateways on the Exponea Demo Shop are intentionally switched off as Exponea Demo Shop is not an operational shop. |
2. USE OF EXPONEA DEMO SHOP WEBSITE
2.1. Nothing contained herein shall be interpreted as the obligation of Exponea to operate or ensure availability of the Exponea Demo Shop. Exponea is entitled to limit, suspend or terminate operation of the Exponea Demo Shop at any time at its sole discretion.
2.2. The user is obliged to use the Exponea Demo Shop in accordance with the purpose for which it was provided and in compliance with these Terms and all applicable laws. The user shall not use Exponea Demo Shop: (i) in any way that causes, or is likely to cause, interruption, damage or impairment to the Exponea Demo Shop in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
3. USE OF DATA
3.1. All processing of personal data on Exponea Demo Shop is governed by these Terms as well as Privacy Policy.
3.2. Exponea shall have the right to collect and analyse data, feedback suggestions and other information relating to the provision, use and performance of Exponea Demo Shop and to use such information and data without any restriction or compensation of any kind to improve and enhance Exponea Demo Shop and Exponea services or for further development, diagnostic and corrective purposes in connection with the Exponea Demo Shop and/or Exponea Services.
3.3. If the user provides Exponea with any reports of defects and/or suggests modifications (“Report”), Exponea shall have the right to use such Report, including incorporating such Report into Exponea Demo Shop or any other Exponea products and services, without any obligation to the user. The user agrees that only Exponea shall have the right to enhance or otherwise modify Exponea products and services. Unless specifically agreed otherwise in writing, Exponea reserves all rights and grants the user no licenses of any kind, whether by implication or otherwise. Exponea shall own and retain all right, title and interest in and to (a) Exponea Demo Shop and all improvements, enhancements or modifications thereto or to its products and services; (b) any software, applications, inventions or other technology developed in connection with use of Exponea products and services; and (c) information derived from analytical data, and (d) all intellectual property rights related to any of the foregoing.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All content included in or made available through the Exponea Demo Shop, such as text, graphics, logos, button icons, images, audio clips, are the intellectual property of Exponea and/or Third Parties and are protected by copyright, authors' rights, trademark and database rights or other intellectual property rights as may be applicable and as such cannot be used in any way without Exponea’ prior written consent.
4.2. Exponea holds and retains (or is a licensee of) all intellectual property rights in Exponea Demo Shop and all content included in or made available through Exponea, such as text, graphics, logos, button icons, images, audio clips, are the intellectual property of Exponea, Partners and/or third parties and are protected by copyright, authors' rights, trademark and database rights or other intellectual property rights as may be applicable and as such cannot be used in any way without Exponea’ or authorised third party’s prior written consent.
4.3. You may use Exponea Demo Shop and its content solely for personal, non-commercial, and private use subject to applicable copyright laws. You may not use any part of the Exponea Demo Shop without obtaining specific license to do so from Exponea. You may not use any of the Exponea Demo Shop content or content from third parties or, as the case may be, any other authorized licensor without obtaining a specific license.
4.4. You may not copy, display, modify, download, reproduce, or transfer to a third party any part of the contents or material made available through Exponea Demo Shop without being granted written permission to do so.
4.5. You understand and agree that you are responsible for compliance with any and all applicable laws. You also and especially agree not to i) access and extract information from Exponea Demo Shop via automated means; ii) make any steps which may cause an extraordinary load on Exponea Demo Shop; or iii) deep-link, mirror or frame any parts of Exponea Demo Shop.
4.6. Nothing contained on this site should be construed as permission for you or for anyone else to possess any license or right to use any trademarks or other intellectual property of Exponea, Partners or any third parties.
4.7. In case you think that any intellectual property or other type of protected material may have been or is being infringed, please notify us by sending a notice to the address set out herein; such notice must include:
4.7.1. Identification of protected material, which is claimed to be infringed, identification of mode of protection and relevant register (if applicable);
4.7.2. Description of how the relevant protected material is being infringed and role of our Exponea Demo Shop therein;
4.7.3. Determination of owner/holder of protected material and his consent with sending this notice to us;
4.7.4. Your contact address; and
4.7.5. Your statement that you have a good faith to believe that the user of the material is not the owner, licensor or owner’s agent of protected material, that you are authorised to act on behalf of owner or exclusive licensor and your statement that you indemnify us and/or the intellectual property holder for any damage or losses caused if your representation within your notice turns out to be untrue.
5. WARRANTY AND LIABILITY
5.1. User shall defend, indemnify and hold harmless Exponea from and against any and all damages, costs, expenses, liabilities, claims and causes of action, including, without limitation, reasonable attorneys’ fees, expenses and costs in the defence and disposition of such matters and in relation to enforcing this indemnification provision (together, “Damages”) in any way arising by reason of or relating to any claim by any third party (including any governmental authority) arising from or relating to a claim that (i) user has in any way infringed, misappropriated, breached or violated any copyright, patent, trade secret or other intellectual property right of Exponea and/or any third party and (ii) user’s gross negligence or wilful misconduct, or (iii) user’s violation of applicable legislation or these Terms.
5.2. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, EXPONEA DEMO SHOP PROVIDED BY EXPONEA IS PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, EXPONEA EXPLICITLY DISCLAIMS ALL EXPRESS AND IMPLIED, STATUTORY, OR OTHERWISE CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXPONEA MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE EXPONEA DEMO SHOP OR ANY EXPONEA’S CONTENT. Exponea makes no warranty that the EXPONEA DEMO SHOP or any Exponea’s content will meet the users's requirements or be available on an uninterrupted, secure, virus-free or error-free basis. Exponea makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Exponea Demo Shop, any service levels with respect to Exponea Demo Shop or any Exponea’ content. The user acknowledges and agrees that if the user relies on Exponea Navigator or any Exponea’s content, the user does so solely at its own risk.
5.3. NEITHER EXPONEA, ITS AFFILIATES, CONTRACTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING EXPONEA DEMO SHOP OR RELATED SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT COSTS OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LITIGATION COSTS, LOSS OF DATA OR GOODWILL OR PRODUCTION, OR BUSINESS OPPORTUNITIES, OR REPUTATION, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OR FROM THE USE OF OR INABILITY TO USE THE PRODUCT(S), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EXPONEA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO USER. HOWEVER, IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
5.4. Nothing in these Terms shall limit or exclude Exponea liability for fraud, death or personal injury or any other matter that cannot be limited or excluded by applicable law.
5.5. This site might provide links to other sites however inclusion of these links does not imply any endorsement of such linked sites or any association with their operations. Exponea shall not be responsible for the contents of the linked sites or your use thereof.
6. GENERAL LEGAL TERMS
6.1. Exponea shall not be treated as having waived any rights by not exercising or delaying the exercise of any rights under these Terms or under applicable laws.
6.2. In the event one or more provisions of these Terms shall, or shall be deemed to, be invalid or unenforceable, the validity and enforceability of the other provisions of these Terms shall not be affected thereby.
6.3. Exponea shall not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation to, failure of power grid, failure of the Internet, natural disaster, weather event, war, riot, insurrection, epidemic, strikes, floods, acts of terror, labour action, terrorism, denial of service attacks or other malware/virus attacks other events beyond party's reasonable control.
6.4. All communication (including any notice having a legal effect) shall be done solely by electronic means and shall be sent to the email address notified from time to time by Exponea.
6.5. These Terms and any dispute or claims arising out of or in connection with it or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Slovakia, excluding the United Nations Convention on Contracts for the International Sale of Goods.
6.6. The courts of the Slovakia shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms (including non-contractual disputes or claims).
6.7. Exponea shall be entitled to change these Terms at its sole discretion at any time. Exponea shall notify user of any changes in these Terms through Exponea Demo Shop website whereas users are obliged to check from time to time whether an information about changes to these Terms is published on the Exponea Demo Shop website. Your continued use of Exponea Demo Shop is deemed as your acceptance of the new Terms. If you do not agree with these new Terms, you shall cease using Exponea Demo Shop.
Effective date: 17.08.2020