1. ACCEPTANCE OF TERMS
The services that Petrofly and its affiliated companies (” Petrofly”) provide to you are subject to these Terms of Use (“Terms”). Please read the Terms carefully before you accept these Terms by: (a) placing an order through the Petrofly online store and/or (b) use the petrofly.com website (“Website”) in any other manner. If you do not agree to all of these terms, please do not use this Website or any services associated with it. By using this Website, You represent to Petrofly that you are legally authorized to accept these Terms. If you are using or otherwise participating in Petrofly forums or as a Content Contributor, You represent to Petrofly that you are at least 18 years of age. Petrofly provides you access to different resources including online store, download area, the Content Contributor Program, communications forums (“Forums”), technical support and product information (collectively “Services”). These Terms will govern your use of any new features that may be added to the current Services or the Website, including the release of new Petrofly resources. In addition to the Terms and unless otherwise noted, the Petrofly End User License Agreement (the “EULA”) governs purchases you make through the online store, unless there is a separate written purchase, license or partnership agreement in place with Petrofly for that product, in which case that separate agreement will govern the relationship to Petrofly together with these Terms and the Petrofly EULA. If there is a conflict between: (a) these Terms, and (b) either the Petrofly EULA or other applicable purchase, license or partnership agreement, the latter shall prevail.
2. YOUR OBLIGATIONS
a) In consideration of your use of the Services, you agree to be solely responsible for: (a) any of your passwords and their security, and (b) the provision of true, accurate, current, and complete information and Content in relation to the Services. Petrofly is not liable for any unauthorized use of the Website or Services including Forums. You acknowledge and agree that certain Services may provide password-restricted access to customer information such as names and certain terms of your existing contracts to assist you in purchasing, maintaining and supporting your Petrofly products. By using this Website and registering for the Services, you consent to Petrofly’s display of such information via the Services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or Petrofly has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Petrofly may suspend or terminate your account and refuse any and all current or future use of, or access to, the Services (or any portion thereof).
b) These Terms also serve as the basis for your access, visits and participation in the Forums, which are comprised of a collection of technical support platforms related to Petrofly software products and, if applicable, the Content Contributor Program. Petrofly reserves the right to modify, suspend or terminate the Forums, the Content Contributor Program and/or these Terms from time to time at its sole discretion and without notice. The Forums and Services are provided on an AS IS and AS AVAILABLE basis. Petrofly will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Forums and Services and for any modification, suspension, or termination of the Forums, or termination of your access to the Forums.
3. CONFIDENTIALITY OF PETROFLY INFORMATION
In order to gain access to the Services, you agree to these confidentiality provisions:
a) You acknowledge that you may obtain direct access via the Website and the Services to certain Petrofly confidential information (“Information”). You must hold Information in strict confidence and may provide Information to employees in your organization only on a need-to-know basis. You may use the Information from the Website and the Services solely for the purpose of purchasing, maintaining and supporting your Petrofly products and for your participation in the Services itself. Title to Information remains with Petrofly and its suppliers. You agree, either as an individual or on behalf of your employer, to be bound by the provisions of this Section 3. Furthermore, if you are acting on behalf of your employer, your employer agrees to indemnify you for violations of this Section 3.
b) You do not acquire any rights in Information, except the limited right to use Information as described above.
c) Any breach of the Terms will result in irreparable harm to Petrofly for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Petrofly will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Petrofly seeks such an injunction.
d) Your obligations regarding Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Petrofly’s written request, you must cease use of Information and return or destroy all Information.
e) The Terms impose no obligation upon you with respect to Information that you can establish by legally sufficient evidence, such as: (a) you possessed, or knew, prior to your receipt from Petrofly, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Information and without the participation of individuals who have had access to Information, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Petrofly adequate to afford Petrofly the opportunity to object to the disclosure.
4. YOUR CONDUCT
a) You understand that all information, data, text, messages, written posts and comments, software, scripts, graphics or other materials (“Content”), whether publicly made accessible or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Petrofly, are entirely responsible for all Content that you upload, post, make available or otherwise transmit via the Services. You represent that all Content provided by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations nationally and internationally. Petrofly may, but shall not be obliged to control or keep up-to-date Content posted by you or third party contributors via the Services and, as such, does not guarantee the accuracy, integrity or quality of Content.
b) Subject to additional provisions of these terms relating to Inventions, ownership and Intellectual Property, by submitting Content to Petrofly for inclusion on the website using the Services or otherwise, you hereby grant to Petrofly a worldwide, unlimited, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such Content in connection with the Website, the Services and the Petrofly business, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of the Services. You further hereby grant each user of the Services a non-exclusive, perpetual license to access any of your Content that is available to such user on the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content. Subject to these Terms, Petrofly grants to each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) certain Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission by Petrofly. The aforementioned shall not apply to Content provided or made available under a Creative Commons or any other open source license. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
c) Unless otherwise explicitly stated herein, any Content provided by you in connection with the Services (except for privately transmitted information or support information) shall be deemed to be provided on a non-proprietary and non-confidential basis. Petrofly shall have no obligation of any kind with respect to such Content and shall be free to use or disseminate such Content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Content that you submit, and you, not Petrofly, have full responsibility for the Content, including their legality, reliability, appropriateness, originality and copyright including email messages, newsgroup postings, chat, and personal or business web pages. You acknowledge that all Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
d) Some Content will be marked or published in relation to the Services under a “Creative Commons” license, identified by their respective Creative Commons mark. Petrofly hereby grants to each user of the respective Services a license to Creative Comments Content under the Creative Commons CC BY-NC-SA 4.0 US license. By using Creative Commons Content in relation to the Services, you agree to abide by the terms of the Creative Comments License. Petrofly expressly disclaims any liability and cannot be held responsible for the Content you create or access when using the Services. Creative Comments Content may be freely shared or adapted by you, provided you let others share it or let it be adapted in the same way. Especially by participating in the Petrofly Content Contributor Program, you agree to abide by the terms of the Creative Comments License, too.
e) You agree and acknowledge not to post or store on the Website or in association with the Services any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protectable) confidential ideas) or that is obscene, obscene as to minors, pornography, defamatory, racist, lewd, lascivious, filthy, violent, harassing, or otherwise objectionable. You also commit to refrain from posting or making available any personal identifiable information of any 3rd party. In the event you provide any such personal identifiable information concerning yourself, you hereby explicitly and expressly agree and acknowledge that such information may be stored, processed, displayed or transferred (nationally and internationally) by Petrofly. Certain Content provided by Petrofly or by our users may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
f) Petrofly reserves the right to edit, block or remove Content that Petrofly becomes aware of and determines to be inappropriate as set forth in section (d) above. Petrofly may also remove Content that contains third-party commercial advertisements, is inaccurate or includes unauthorized disclosure or personal information. Violation of these restrictions (“Restrictions”) may also result in the termination or suspension of your access to the Services. These Restrictions apply to all content provided to or through the Website or the Services.
g) You agree not to use the Services in any way for spamming or to transmit chain letters, junk email or bulk communications. In the event of such spamming, Petrofly is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Petrofly reserves the right to block, filter or delete unsolicited email. Furthermore, you agree not to transmit unsolicited or bulk communications to any Petrofly account holder or to any petrofly.com email address (regardless of whether you use the Services to transmit any such communication).
h) You agree not to use any Petrofly domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using the Services.
i) You agree not to use the Services for any unlawful activities not otherwise covered above. Additionally, you agree NOT to use the Services to: • (1) impersonate any person or entity, including, but not limited to, a Petrofly official, or falsely state or otherwise misrepresent Your affiliation with a person or entity; • (2) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop hidden pages or images (those not linked to Petrofly.com from another accessible page); • (3) upload, post or otherwise transmit any Content that you do not have a right to transmit to the public under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); • (4) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; • (5) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; • (6) post, publish, or distribute any radical, defamatory, obscene, infringing, pornographic or other unlawful material or information in the Forums; • (7) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; or • (8) collect or store personal data about other users. j) Petrofly may, at its exclusive option and discretion, associate the provision of content under the Content Contributor Program with a voluntary reward of Petrofly’s choice. You understand and acknowledge that you do not have any claim to receive a reward for submitted content and any reward is granted by Petrofly at its sole discretion, option and judgment. The types of available rewards are published on www.petrofly.com from time to time and may, at any given time, be withdrawn by Petrofly without substitution.
5. INVENTIONS, OWNERSHIP, RIGHTS AND LIABILITY
a) During your use of the Services you have the opportunity to actively participate by submitting Content and creating, providing, sharing and uploading information to the Forums such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other information (collectively “Inventions”). Inventions in the Forums are subject to the Terms of Use. Petrofly assumes no responsibility or liability over the sharing of Inventions among users. Any content or Inventions shared with Petrofly in the course of the Content Contributor Program shall however immediately transfer to and vest in Petrofly upon submitting them to Petrofly. If submitted under the Content Contributor Program, you agree and explicitly acknowledge that ownership of and any rights in and to the content or Inventions submitted will immediately transfer to Petrofly and if required, you will assist Petrofly upon request in registering and/or otherwise securing Petrofly’s rights in the Content or Inventions under the Content Contributor Program.
b) Any Inventions provided by you in the Forums or in relation to the Services may be editable and freely used by Petrofly and other users. Ways in which Inventions may be used include, but are not limited to, creating comments, articles, documents, FAQs, or knowledge bases. For example, users may incorporate discussion threads written by other users into new documents. Additionally, users may incorporate documents written by others to create a new list of FAQs or new entries in the Petrofly Content Contributor Program. Petrofly shall have the right to retain and use Inventions, in edited or unedited form, for any purpose in any way including but not limited to re-posting such Inventions to other areas of the Forums and Services, by using Inventions in current or future products or services, or even give or sell the Inventions to others. Therefore, do not upload Inventions to the Forums, the Services or especially the Content Contributor Program (in which case the inventions will be transferred into the ownership of Petrofly) unless you agree to these Terms of Use. Petrofly is under no obligation to post or use any Inventions provided by users and Petrofly may in fact remove any Inventions at any time at its sole discretion for any reasons.
c) Petrofly does not claim ownership of any Inventions that you or other users post, upload, submit or otherwise provide to the Forums. If, however, Content or Inventions are posted, uploaded, submitted or otherwise provided under the Petrofly Content Contributor Program, Petrofly claims ownership and will be considered the owner of the associated intellectual property rights in and to them upon their transmission to Petrofly. In the event such transfer of ownership is not legally permitted or possible, by providing Inventions, you grant to Petrofly a perpetual, worldwide, exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, distribute and commercialize such Inventions and derivative works with the right but no obligation to disclose or mention the owner or author of the intellectual property. Additionally, by providing Inventions, you grant to Petrofly a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable patent license to make, have made, use, offer to sell, export, and otherwise transfer or sublicense such Inventions as its own. You also grant Petrofly and all users of the Forums the permission to use your Inventions in other areas of the Forums and Services and for other commercial or noncommercial uses. You further agree and commit not to publish, upload, share or use content provided by you under the Content Contributor Program in any other program, forum, discussion and/or on any other website without the prior written consent of Petrofly.
d) In order to grant Petrofly and other users the rights, permissions and licenses contained herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Inventions uploaded or shared with Petrofly or other users and that your Inventions are non-infringing on the patent, copyright or other intellectual property rights of others. Do not post, upload, submit or otherwise provide Inventions that are protected by the intellectual property rights of others, unless you own or have the necessary rights or licenses to use such Inventions.
e) By uploading Inventions to the Forums or in relation to the Services, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. All Inventions available for download and/or use are provided on an AS IS and AS AVAILABLE basis, without any warranty of any kind and you assume all risks associated with the Inventions that you download. Petrofly expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights. In no event will Petrofly be liable for any direct or indirect damages for any claims arising out of your download and/or use of such Inventions.
f) All Inventions are deemed be provided on a non-confidential basis. Petrofly is under no obligation to and does not control the Inventions created, provided or uploaded to the Forums or in relation to the Services. The nature of some Inventions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Petrofly reserves the right to take down and remove Inventions that are flagged by users or deemed by Petrofly as objectionable. However Petrofly is under no duty to take down or remove any Inventions.
6. INDEMNITY
You agree to indemnify and hold Petrofly, and its subsidiaries, affiliates, officers, agents, directors or partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Services, including any use by your employees, your connection to the Services, your violation of the Terms, or your violation of any rights of another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
Petrofly may make changes to the Terms or other matters by displaying notices or links to notices to you generally on the Services. It is your responsibility to periodically check the Terms for changes. Petrofly reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Petrofly may make changes to the Petrofly on-line store, including regarding products, services, programs, and prices, at any time without notice. Petrofly, in its sole discretion, may terminate your password, your use of the Services or use of any other Petrofly service, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Petrofly believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and Petrofly may immediately de-activate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Petrofly will not be liable to you or any third-party for any termination, modification, or suspension of the Services.
8. ADVERTISEMENTS AND PROMOTIONS
Petrofly may run advertisements and promotions from third parties on the Services. Any correspondence or business dealings with, or participation in promotions of, advertisers other than Petrofly found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Petrofly is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Petrofly advertisers on the Services.
9. LINKS
The Services may provide, or third parties may provide, links to other Internet sites or resources. Because Petrofly has no control over such sites and resources, you acknowledge and agree that Petrofly is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Petrofly will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such site or resource. This Website may be linked to other websites which are not under the control of and are not maintained by Petrofly. Petrofly is not responsible for any third party content of those sites. Petrofly is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Petrofly of those sites.
10. INTELLECTUAL PROPERTY RIGHTS
a) The Services and any software (including any downloads available at the Website or otherwise provided by Petrofly) used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any third party content contained in third-party advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Petrofly or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
b) Petrofly is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact our copyright agent as described in our copyright policy.
c) All Content (except for the Content shared by other users in the Forums or in relation to the Services) provided on this Website is provided by or to Petrofly by its respective manufacturers, authors, developers and vendors (the “Third Party Providers”) and is the copyrighted work of Petrofly and/or the Third Party Providers. Except as stated in these Terms of Use, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Petrofly or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Petrofly. You also may not, without Petrofly’s prior express written permission, “mirror” any Content contained on this Website on any other server.
d) Except for the license to the Content shared by other users in the Forums or in relation to the Services and Inventions per Section 4 and 5 above, nothing on this Website shall be construed as conferring any license under any of Petrofly’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
e) All intellectual property rights in and to the Content and Inventions submitted to Petrofly under the Content Contributor Program shall transfer to Petrofly upon its receipt by Petrofly. The contributor explicitly and irrevocably agrees to and acknowledges the assignment of all proprietary rights in and to such Content or Inventions to Petrofly.
f) Permission is granted to display, copy, distribute and download Petrofly’s Content on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Content, (2) the use of such Content is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer or broadcast in any media, except as explicitly permitted by valid license covering such materials, and (3) no modifications of any of the Content are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed Content.
11. DISCLAIMER OF WARRANTIES a) YOUR USE OF THE SERVICES AND ANY SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE ONLY. PETROFLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NONINFRINGEMENT. PETROFLY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. PETROFLY MAY MAKE AVAILABLE ON THE WEBSITE CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEBSITE. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL PETROFLY OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.
b) PETROFLY MAKES NO WARRANTY OR CONDITION THAT: (i) THE SOFTWARE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE, CONTENT OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PETROFLY OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. PETROFLY’S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
12. LIMITATION OF LIABILITY a) TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, PETROFLY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF PETROFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE THE SOFTWARE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, SOFTWARE, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM THE WEBSITE.
b) YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST PETROFLY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
c) YOU AGREE TO HOLD PETROFLY HARMLESS FROM, AND YOU COVENANT NOT TO SUE PETROFLY FOR, ANY CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may only apply to you in accordance to the minimum liability requirements in your applicable jurisdiction.
13. GENERAL INFORMATION
a) These Terms constitute the entire agreement between you and Petrofly and govern your use of the Services, superseding any prior agreements between you and Petrofly (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when you use other Petrofly services, third-party content or third-party software. You must not assign or otherwise transfer the Terms nor any right granted hereunder. Sections 3, 4, 5, 7, 10, 12 and 13 survive termination of the Terms.
b) The laws of Switzerland govern any action related to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and Petrofly agree to submit to the personal and exclusive jurisdiction of the state courts located within Zürich / Switzerland.
c) Petrofly controls and operates this Website from its headquarters in Switzerland and makes no representation that this Content is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
d) You acknowledge and agree that Content may be subject to certain international Export Laws and Regulations. Diversion of such Content contrary to such Laws and Regulations is prohibited. You agree that none of the Content, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects. You agree to assume sole responsibility for obtaining licenses to export or re-export as may be required.
e) This Website could include inaccuracies or typographical errors. Petrofly and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website. Petrofly may amend these Terms at any time by posting the amended terms on this site.
f) The failure of Petrofly to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
g) These Terms represent the entire understanding relating to the use of the Website and the Services and prevail over any prior or contemporaneous, conflicting, or additional, communications.
h) Copies and Modifications. Except and solely to the extent that such a restriction is prohibited under applicable law, you may not reverse engineer, decompile, disassemble, or otherwise translate the Software or any license keys you have obtained. You may not modify or adapt the Software or any license keys that you have obtained in any way. Any such copies of the Software, Documentation, or license keys shall include any copyright or other proprietary notices that were included on such materials when you first received them. Except as authorized in this Section, no copies of the Software, Documentation, or license keys, or any portions thereof, may be made by you or any person under your authority or control.