baliosoft Terms of Use

Last Updated: January, 16 2023

Accep­tance of Terms

The services that baliosoft provides to you are subject to the following Terms of Use (“TOU”). baliosoft reserves the right to update and modify the TOU at any time without notice to you. When we make updates to the TOU, baliosoft will update the date at the top of this page. By using the website after a new version of the TOU has been posted, you agree to the terms of such new version.

Description of Services

Through its network of Web properties, baliosoft provides you with access to a variety of resources, including developer tools, download areas, commu­ni­cation forums and product infor­mation (collec­tively “Services”). The Services, including any updates, enhance­ments, new features, and/or the addition of any new Web properties, are subject to these TOU.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create deriv­ative works from, transfer, or sell any infor­mation, software, products, or services obtained from the Services.

Privacy and Protection of Personal Information

Review the Privacy Statement disclo­sures relating to the collection and use of your personal data.

Content

All content included in or made available through the Services, such as text, graphics, logos, icons, images, sounds, music, digital downloads, data compi­lation, software, and documents, is the exclusive property of baliosoft or its content suppliers and is protected by the various applicable trade dress, copyright, trademark, patent, and other intel­lectual property and unfair compe­tition laws in Liecht­en­stein and inter­na­tionally (collec­tively, “Content”). All rights not expressly granted to you in this TOU are reserved and retained by baliosoft or its licensors, suppliers, publishers, right­sh­olders, or other content providers.

Software

Any software that is made available to download from the Services (“Software”) is the copyrighted work of baliosoft AG and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accom­panies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accom­panied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or refer­enced from this website, are licensed to you by the third parties that own such code, not by baliosoft.

The Software is made available for download solely for use by end users according to the License Agreement. Any repro­duction or redis­tri­b­ution of the Software not in accor­dance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prose­cuted to the maximum extent possible.

Without limiting the foregoing, copying or repro­duction of the software to any other server or location for further repro­duction or redis­tri­b­ution is expressly prohibited, unless such repro­duction or redis­tri­b­ution is expressly permitted by the license agreement accom­pa­nying such software.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, baliosoft Corpo­ration hereby disclaims all warranties and condi­tions with regard to the software, including all warranties and condi­tions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your conve­nience, baliosoft AG may make available as part of the services or in its software products, tools and utilities for use and/or download. baliosoft AG does not make any assur­ances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intel­lectual property rights of others when using the tools and utilities made available on the services or in baliosoft AG software products.

Documents

Permission to use Documents (such as white papers, press releases, datasheets, and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) unless explicitly covered by another license or agreement, use of such Documents from the Services is for infor­ma­tional and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifi­ca­tions of any Documents are made. Accredited educa­tional insti­tu­tions, such as K‑12, univer­sities, private/public colleges, and state community colleges, may download and reproduce the Documents for distri­b­ution in the classroom. Distri­b­ution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prose­cuted to the maximum extent possible.

Documents specified above do not include the design or layout of the baliosoft.biz website or any other baliosoft owned, operated, licensed, or controlled site. Elements of baliosoft websites are protected by trade dress, trademark, unfair compe­tition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any baliosoft website may be copied or retrans­mitted unless expressly permitted by baliosoft.

baliosoft and/or its respective suppliers make no repre­sen­ta­tions about the suitability of the infor­mation contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. baliosoft and/or its respective suppliers hereby disclaim all warranties and condi­tions with regard to this infor­mation, including all warranties and condi­tions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall baliosoft and/or its respective suppliers be liable for any special, indirect or conse­quential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negli­gence or other tortious action, arising out of or in connection with the use or perfor­mance of infor­mation available from the services.

The documents and related graphics published on the services could include technical inaccu­racies or typographical errors. Changes are period­i­cally added to the infor­mation herein. baliosoft and/or its respective suppliers may make improve­ments and/or changes in the product(s) and/or the program(s) described herein at any time.

Limitation of Liability

In no event shall baliosoft and/or its respective suppliers be liable for any special, indirect or conse­quential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negli­gence or other tortious action, arising out of or in connection with the use or perfor­mance of software, documents, provision of or failure to provide services, or infor­mation available from the services.

Members Account, Password and Security

If any of the Services requires you to open an account, you must complete the regis­tration process by providing us with current, complete, and accurate infor­mation as prompted by the applicable regis­tration form. You also will choose a password and a username. You are entirely respon­sible for maintaining the confi­den­tiality of your password and account. Furthermore, you are entirely respon­sible for any and all activ­ities that occur under your account. You agree to notify baliosoft immedi­ately of any unautho­rized use of your account or any other breach of security. baliosoft will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by baliosoft or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

No Unlawful or Prohibited Use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, condi­tions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any baliosoft server, or the network(s) connected to any baliosoft server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unautho­rized access to any Services, other accounts, computer systems or networks connected to any baliosoft server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or infor­mation through any means not inten­tionally made available through the Services. You may not attempt to copy or change, alter, or otherwise attempt to modify the Services or these TOU.

Use of Services

The Services may contain email services, bulletin board services, chat areas, news groups, forums, commu­nities, personal web pages, calendars, photo albums, file cabinets and/or other message or commu­ni­cation facil­ities designed to enable you to commu­nicate with others (each a “Commu­ni­cation Service” and collec­tively “Commu­ni­cation Services”). You agree to use the Commu­ni­cation Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Commu­ni­cation Service. By way of example, and not as a limitation, you agree that when using the Commu­ni­cation Services, you will not:

  • Use the Commu­ni­cation Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or dissem­inate any inappro­priate, profane, defam­atory, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intel­lectual property laws, including, by way of example, and not as limitation, copyright, or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or infor­mation, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other propri­etary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose unless such Commu­ni­cation Services specif­i­cally allows such messages.
  • Download any file posted by another user of a Commu­ni­cation Service that you know, or reasonably should know, cannot be legally repro­duced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management infor­mation, such as author attri­bu­tions, legal or other proper notices or propri­etary desig­na­tions or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Commu­ni­cation Services.
  • Violate any code of conduct or other guide­lines which may be applicable for any particular Commu­ni­cation Service.
  • Harvest or otherwise collect infor­mation about others, including email addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage infor­mation or any portion thereof.

baliosoft has no oblig­ation to monitor the Commu­ni­cation Services. However, baliosoft reserves the right to review materials posted to the Commu­ni­cation Services and to remove any materials in its sole discretion. baliosoft reserves the right to terminate your access to any or all of the Commu­ni­cation Services at any time, without notice, for any reason whatsoever.

baliosoft reserves the right at all times to disclose any infor­mation as baliosoft deems necessary to satisfy any applicable law, regulation, legal process or govern­mental request, or to edit, refuse to post or to remove any infor­mation or materials, in whole or in part, in baliosoft’s sole discretion.

Always use caution when giving out any personally identi­fiable infor­mation about yourself or your children in any Commu­ni­cation Services. baliosoft does not control or endorse the content, messages or infor­mation found in any Commu­ni­cation Services and, therefore, baliosoft specif­i­cally disclaims any liability with regard to the Commu­ni­cation Services and any actions resulting from your partic­i­pation in any Commu­ni­cation Services. Managers and hosts are not autho­rized baliosoft spokespersons, and their views do not neces­sarily reflect those of baliosoft.

Materials uploaded to the Commu­ni­cation Services may be subject to posted limita­tions on usage, repro­duction and/or dissem­i­nation; you are respon­sible for adhering to such limita­tions if you download the materials.

Materials Provided to baliosoft or Posted at any baliosoft Website

baliosoft does not claim ownership of the materials you provide to baliosoft (including feedback and sugges­tions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collec­tively “Submis­sions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting baliosoft, its affil­iated companies and necessary subli­censees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all baliosoft Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to subli­cense such rights to any supplier of the Services.

No compen­sation will be paid with respect to the use of your Submission, as provided herein. baliosoft is under no oblig­ation to post or use any Submission you may provide, and baliosoft may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and repre­sen­tation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and subli­censes described in these Terms of Use, and © that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distri­b­ution, public display and repro­duction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to subli­cense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that such termi­nation shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compen­sation will be paid with respect to the use of your Images.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 67, URG of Switzerland, notifi­ca­tions of claimed copyright infringement should be sent to Service Provider’s Desig­nated Agent. All inquiries not relevant to the following procedure will not receive a response.

Links to Third Party Sites

The links in this area will let you leave baliosoft’s site. The linked sites are not under the control of baliosoft and baliosoft is not respon­sible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. baliosoft is not respon­sible for webcasting, or any other form of trans­mission received from any linked site. baliosoft is providing these links to you only as a conve­nience, and the inclusion of any link does not imply endorsement by baliosoft of the site.

Unsolicited Idea Submission Policy

baliosoft or any of its employees do not accept or consider unsolicited ideas, including ideas for new adver­tising campaigns, new promo­tions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misun­der­standings or disputes when baliosoft’s products or marketing strategies might seem similar to ideas submitted to baliosoft. So, please do not send your unsolicited ideas to baliosoft or anyone at baliosoft. If, despite our request that you not send us your ideas and materials, you still send them, please under­stand that baliosoft makes no assur­ances that your ideas and materials will be treated as confi­dential or proprietary.