The terms of this Etherstack Website User Agreement (“Agreement”) must be observed and followed.
In this Agreement, “we”, “our” and “Etherstack” refers to Etherstack plc and any of our subsidiaries as applicable.
This Agreement applies to all websites which are owned or operated by Etherstack.
Acceptance of General Terms
Access to, use of and linking to the Etherstack Websites constitutes your agreement to be bound by the terms of this Agreement. Etherstack reserves the right to amend the terms of this Agreement at any time. You are deemed to be aware of and bound by any amendments upon their publication to the Etherstack Websites. You should review this Agreement periodically.
The information on the Etherstack Websites is for information purposes only and may be changed or updated without notice. Etherstack endeavours to ensure information is correct but does not warrant its completeness, timeliness or accuracy. Any opinions and recommendations are general and not necessarily endorsed by Etherstack. Information on the Etherstack Websites is not intended to replace consultation with Etherstack.
Ownership and Use of Content on Etherstack Websites
The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, video or audio clips, names, logos and trade marks (“Content”) are protected by copyright, trademark and other intellectual property laws unless expressly indicated otherwise on the Site. All rights, title and interest in and to the Content are owned, licensed or controlled by Etherstack or the party credited as the provider of the Content. If you would like to use the Content of the Site in any way not expressly authorised in this Agreement you must request permission.
Etherstack will not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content.
You must not use the Site or any Content for any purpose which is unlawful or in any manner which violates any of Etherstack’s rights or which is otherwise prohibited by this Agreement.
If written consent to use the Content is provided by Etherstack the following restrictions will apply:
- the Content may only be used for informational purposes or for the promotion of Etherstack products, services or programs (“Products”);
- the Content may not be further modified in any way; and
- Etherstack retains the right to revoke such consent at any time and for any reason. Following notification of revocation, you must immediately discontinue use of all Etherstack Content.
Linking Websites to Etherstack Websites
Etherstack may grant the owner of an approved website permission to use a hyper-text link on that website, provided that:
- prior written consent is sought from Etherstack;
- any text-only link must clearly be marked ” Etherstack”;
- the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with Etherstack’s name and trademarks;
- the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than Etherstack is associated with or sponsored by Etherstack;
- Etherstack reserves the right to require a reciprocal link to the linking site.
Etherstack may revoke its consent to the link at any time and for any reason.
Use of Etherstack Logo
The following rules and requirements govern any use of the Etherstack logo (“Logo”). You
- can only use the Logo with the express written consent of Etherstack;
- will only use the Logo as a link to the Etherstack homepage (www. www.etherstack.com);
- will not give the Logo to anyone else;
- will not use the Logo on any site that disparages Etherstack or its products or services, infringes on Etherstack intellectual property or other rights, or violates any state, federal or international law;
- acknowledge that this is not a “trademark license” and you are not using the Logo to indicate origin of any product or service you offer;
- will not alter the Logo in any manner;
- will not use the Logo in a manner that is misleading;
- will not use the Logo to imply any relationship with, or endorsement or sponsorship by Etherstack that is not true;
- will not display the Logo in a manner which displays it in a negative light, disparages it, uses it in connection with immoral materials or in any other way that detracts from the good taste represented by Etherstack;
- will not to use the Logo as a predominant feature on your website. This means (at a minimum) that it must appear smaller than your web page title and your company logo, it must not be displayed larger or more prominently than other company logos on your page, and it should not appear at the top of the page;
- will display the Logo by itself;
- will not to use the Logo as a feature or design element of any other logo or any other name or trademark;
- will use the following language on the page where the Logo appears or where there are other legal notices:
- will not adopt, use, register, or attempt to register anywhere in the world any logo or trademark confusingly similar to the Logo;
- will not at any time do or cause to be done, or fail to do or cause to be done, any act or thing, directly or indirectly, contesting or in any way impairing Etherstack’s right, title or interest in the Logo;
- confirm that use of the Logo shall inure to the benefit of Etherstack. If you happen to obtain rights in the Logo, you agree to give such rights back to Etherstack.
- indemnify Etherstack from and against all claims and liabilities arising out of your use of the logo.
- disclaims any warranties that may be express or implied by law regarding the logos, including warranties against infringement;
- reserves the right in its sole discretion to modify or terminate any permission to use the Logo at any time;
- reserves the right to take action against any use that does not conform with the terms of this Agreement, infringes any Etherstack intellectual property or other right, or violates any other applicable law.
Country Specific Information
Products described on the Etherstack Websites may not be available in your region. References to such Products do not imply that Etherstack intends to make those Products available in your region. Consult your Etherstack business contact for information regarding the Products which are available to you.
Third Party Websites
The Etherstack website may contain links to third party websites which are not under Etherstack ’s control. You link to third party websites entirely at your own risk. Etherstack does not provide any guarantees, representations, warranties or endorsements as to the nature, content or reliability of third-party websites. Etherstack will accept no liability for any electronic content delivered by a third party, including liability relating to the accuracy or reliability of any information, data, opinions, advice or statements made on those linked websites or the timeliness of any content.
User Submitted Content
Any correspondence with Etherstack including, feedback, questions, comments, suggestions, or similar (“Feedback”) will be deemed non-confidential. Etherstack has no obligation to you of any kind with respect to any Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback in any form to anyone without limitation. Etherstack is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose and in any form whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate such Feedback. Etherstack retains the right and discretion to edit, delete, reject or remove any Feedback which is posted in any public forum on the Etherstack Websites.
Information on the Etherstack Websites is provided ‘as is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Where a jurisdiction does not allow the exclusion of implied warranties, the above exclusion will not apply.
Limitation of Liability
Etherstack will not be liable to you for any:
- decision made or action taken in reliance on information, advice or services provided through the Etherstack Websites; or
- damages of any kind arising out of or relating to the use or the inability to use the Etherstack Websites, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus’, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if Etherstack has been advised of the possibility of such damages.
You agree to hold Etherstack harmless against all claims arising out of or related to your access or use of, or inability to access or use the Etherstack Websites or the information, advice or services contained on the Etherstack Websites. This includes information or materials viewed or downloaded from the Etherstack websites that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights.
Etherstack may in its sole discretion, terminate or restrict your use or access to the Etherstack Websites (or any part thereof) for any reason, including, without limitation, that Etherstack believes you have violated or acted inconsistently with the letter or spirit of this Agreement or any other conditions or rules set out on the Etherstack Websites.
When using the Etherstack Websites you are solely responsible for compliance with your local laws. This Agreement and your use of and access to the Etherstack Websites will be construed and applied in accordance with the laws of Australia, and you consent to the exclusive jurisdiction of the Australian Courts to determine any matter or dispute which arises under this Agreement. Etherstack reserves the right to bring proceedings in respect of any matter in the courts of the country of your residence or the country of your principal place of business.
If a clause or a part of a clause set out in these Terms is found to be invalid this will not affect the validity or enforceability of the remainder of these Terms.
The failure of Etherstack to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.
Any reference to “Etherstack plc” or “Etherstack” includes Etherstack’s officers, directors, employees and related bodies corporate.
Inclusive Expressions: the term includes or including (or any similar expression) is deemed to be followed by the words without limitation.