(last update: January 1, 2008)
Terms of Use
Flateck ("Flateck") is providing this web
site including any of its portals and web pages (collectively this "Site") subject
to the present Terms of Use (the "Terms of Use"). By accessing and using this Site
or any part of it, you acknowledge that you and your organization have read and
agree to abide by the Terms of Use. If you and/or your organization do not agree
to the Terms of Use, please do not use this Site.
Limited Authorization to Access and Use this Site
General notice: Flateck authorizes you to download, view, copy and print information
and documents published by Flateck on this Site (the "Information") solely for private
use or for non-commercial use within your organization (or if you are a Flateck
Partner or Reseller, your customer's organization) and solely for the purpose of
supporting Flateck' products and services. In consideration of this authorization,
you agree that any download, copy, print and use of the Information which you make
shall retain all copyright and other proprietary notices in the same form and manner
as in the original.
For the avoidance of doubt, "Information" does not include the design or layout
of this Site or any part of it. Furthermore, you are not allowed to use Flateck
respective trademark and logo except (a) to refer to the associated
Flateck products or services and (b) to the extent necessary to retain
Flateck copyright and proprietary notices as per provided above. Any
other use of Flateck trademarks and logos are subject to Flateck
prior written authorization.
No other use of the Information is authorized unless with prior written authorization
from Flateck. Under no circumstances, shall your access to and use of this Site
damage, disable, overburden or impair any Flateck server or any network connected
to Flateck server. You may not attempt to gain unauthorized access to part of this
Site or to other users' account, computer systems or networks connected to Flateck
server such as without limitation trough hacking or password mining.
Partners, customers, suppliers and associates of Flateck, that in cooperation with
Flateck may publish their own proprietary material on this Site, retain full legal
and copyright ownership of their own respective information.
Export control restrictions: You may not access, download, use or export the
Information in violation of the United States export laws or regulations, or in
violation of any other applicable laws or regulations with respect to export or
import control. You and your organization agree to comply with all export laws
and restrictions and regulations of any United States or foreign agency or
authority, and not to directly or indirectly provide or otherwise make available
the Information and/or the Software in violation of any such restrictions, laws
or regulations, or without all necessary approvals. As applicable, you and/or
your organization shall obtain and bear all expenses relating to any necessary
licenses and/or exemptions with respect to the use of the Information outside
the territory of the United States. The Information (including the Software) may
not be downloaded or otherwise provided or made available, either directly or
indirectly, (a) to any country subject to the United States trade sanctions, to
individuals or entities controlled by such countries, or to nationals or
residents of such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such sanctions; or (b) to person
listed by the United State Treasury Department as "Specially Designated
Nationals and Blocked Persons" or by the United States Commerce Department's in
its "Table of Denial Orders". By agreeing to the Terms of Use, you represent and
warrant that you and your organization (if applicable) are not (i) located in,
under the control of, or a national or resident of any such country or (ii) a
person on any such list.
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Forums
Scope of the forums: This Site may contain access to and use of forums and/or other
message or communication facilities such as but not limited to e-mail function,
bulletin board services, blogs, discussion groups, chat area, news group which are
designed to enable you to communicate with Flateck and/or other users of this Site
(collectively the "Forums").
To the extent technically allowed by this Site, you agree to use the Forums only
to upload, post, send and receive messages (including feedback and suggestion),
files, document, graphics, image and other content or materials (collectively the
"Materials") that are related to the scope of such Forums.
You shall use the Forums exclusively in a non-commercial manner.
Unauthorized use: You shall not publish any Material including a promotion, advertising,
solicitation to sell or purchase goods or services, to join or become members of
any commercial online or offline organization or service, or more generally to use
directly or indirectly the Forums for any other commercial matter.
Moreover, when uploading, e-mailing, posting, publishing or otherwise communicating
through any Forum, you agree in particular that you will not in whatever manner
or form, directly or indirectly:
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Use such Forum in connection with or for the purpose of surveys, contests, solicitation
of funds, chain letters, junk e-mail, spamming or any duplicative or unsolicited
messages;
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Upload Materials that contain viruses, Trojan horses, time bombs, corrupted files
or any other equivalent software or programs that may damage the operation of this
Site (or any part of it) or another's (including Flateck) computer or property;
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Defame, abuse, harass, invade, threaten or otherwise violate the legal rights of
other;
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transmit or facilitate the transmission, distribution or dissemination of any Material
which is (i) false or misleading, (ii) promoting bigotry, racism, hatred or harm
against any group or individual, (iii) obscene or indecent;
- Infringe another's rights such as, but not limited to, intellectual property rights; or
- More generally, violate any applicable laws, regulations or code of conduct.
Collection of information about others that are contained in the Forums (including
e-mail addresses) is strictly prohibited. In addition, you shall not restrict or
inhibit any other user of this Site from accessing and using the Forums.
Material removal: Flateck has no obligation to monitor the Forums. However, Flateck
reserves the right to review any Material uploaded, posted or sent by Forums' users
and to remove any of such Material in Flateck' sole discretion.
Rights granted to Flateck on users Materials: Flateck does not claim title to or
ownership of the Materials. However, by uploading, posting, sending or otherwise
transmitting any Material to any Forum or submitting any Material to Flateck:
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You (and/or your organization) grant Flateck, its affiliated companies and any sub-licensees
elected by Flateck or its affiliated company a perpetual, worldwide, royalty/compensation
free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly
display or perform, modify, adapt and/or reformat, translate, publish, transmit
and distribute such Material (or any part of it) in any form, medium, or technology
now known or later developed with the right to sublicense any or all of such rights.
In addition, at Flateck', its affiliated companies' or sub-licensees' option, you
agree to have your name published in connection with your Material or you agree
to waive such right.
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You warrant and represent that you (and/or your organization) own, control or have
all the necessary rights to the Materials including but not limited to the rights
necessary to upload, post, send or otherwise transmit the Materials and to grant
licenses and sublicenses as per the provisions above.
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Password and User's Account
Access to certain parts of this Site may be subject to opening of a user account
and/or use of a user name and password. In such case, you must comply with the registration
process described in this Site and, if so requested, choose a password and user
name. You are fully responsible and liable for maintaining the confidentiality of
your password and for any and all activities that occur under your password as well
as for any loss or damage incurred by Flateck or any third party due to the use
of your password and/or account by someone else.
You agree to notify Flateck immediately of any unauthorized use of your password
and/or account or any breach of security.
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Links to Third Party Web Sites
Occasionally, Flateck may make available a link to a third party's web site. These
links will allow you to leave this Site. The linked sites are not under the control
of Flateck and Flateck is not responsible for the contents of any linked site any
link contained in a linked site or any changes or updates to such sites. Flateck
is not responsible for Web casting or any other form of transmission received from
any linked sites. Flateck provides such links only as a convenience. Flateck does
not endorse such linked site or its use or content.
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Disclaimers
Any and all the information (including the software if any) provided on this site
are provided on an "as is" and "as available" basis without warranty of any kind,
either express or implied, including, but not limited to, the implied warranties
of merchantability or fitness for a particular purpose or any warranties regarding
workmanlike efforts, lack of negligence or non-infringement.
Flateck makes no warranty that (a) the results that may be obtained from the use
of this site or any tools or services available or offered through this site will
be accurate or reliable or (b) the quality of any products or services described
in this site will meet your expectations.
The content of this site may include technical inaccuracies or typographical errors.
Flateck does not warrant that the electronic functions contained in this site will
be uninterrupted or error free, that defects will be corrected, or that this site
or the server that makes it available are free of viruses or bugs or represents
the full functionality, accuracy, reliability of the information available through
this site.
In the future changes may be added to the information herein but there will be no
duty to update this site. Flateck may make improvements and/or changes in the product(s)
and/or program(s) described on this site at any time without notice.
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Limitation of Liability
Neither Flateck nor any of its affiliated companies, directors, employees, or other
representatives shall be held liable for errors contained herein, or for any direct,
indirect, special, punitive, incidental or consequential damages such as, but not
limited to, loss of data, loss of profits or revenues, loss of business, loss of
reputation, or any economic loss arising out of, or in connection with the furnishing,
the access, or use, or inability to use this site, or reliance on any of the information
provided and/or material contained in this site even if advised of the possibility
of such damages.
Some states do not allow the exclusion or limitation of liability for incidental
or consequential damages, so the above limitation or exclusion may not apply to
you.
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User Indemnity to Flateck
You and your organization agree to defend, indemnify and hold Flateck, its affiliated
companies, directors, employees or representatives harmless from and against any
and all damages, expenses (including attorneys reasonable fees), losses or liabilities
arising out of or in connection with your access to or use of this Site (including
the Forums).
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Termination of Access
Flateck may, at its option, terminate without notice any user's access (and any
account of such person) to this Site without prejudice to its right to claim for
indemnification of damages in case of termination for breach of the Terms of Use.
For further information on intellectual property matters, please contact the Legal
Department of Flateck.
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Legal Notices - Privacy Policy
Legal Notices (current version available below) and Privacy Policy (current version
available below) are an integral part of the Terms of Use.
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Applicable law - Disputes resolution
The Terms of Use as well as all matters relating to your access to and use of this
Site shall be governed by the laws of the State of Florida, to the exclusion
of its conflict of law provisions and, where applicable, with the federal law of
the United States.
Any dispute, legal action or proceeding relating to your access to and use of this
Site or interpretation of the Terms of Use shall be subject to the exclusive jurisdiction
of the Florida state courts in and for Miami-Dade County, Florida (or, if there
is federal jurisdiction, the United States District Court for the Southeastern District
of Florida), and you and Flateck irrevocably agree to submit to the personal
and exclusive jurisdiction of these courts and that venue therein is proper and
convenient. Any judgment or order by any court having proper jurisdiction against
either you or Flateck may be enforced in any court having jurisdiction over you
or Flateck as the case may be.
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Modification of the Terms of Use
Flateck may update and made changes to the Terms of Use at any time without prior
notification. When doing so, Flateck will also revise the "last updated" date at
the top of the Terms of Use. With respect to the Privacy Policy material changes
will be notified to you by placing prominent notice on this Site.
(last update: January 1, 2008)
Privacy Policy
At Flateck ("Flateck"), we are committed to protecting your privacy and to developing
technology that gives you the most powerful and secure online experience.
You can travel through most of this web site (this "Site") without giving us any
information about yourself. But sometimes we do need information to provide services
and/or information that you request, and this statement of privacy (this "Privacy
Policy") explains data collection and use practices of Flateck in those situations.
Please read this Privacy Policy.
Collecting your Personal Information
We will ask you when we need information that personally identifies you ("personal
information") or allows us to contact you. Generally, this information is requested
when you are registering before ordering e-mail newsletters, joining a limited-access
premium site or Forums (see the definition in the Terms of Use), signing up for
an event, or when purchasing and registering Flateck products and services. Personal
information collected by this Site often is limited to first and last names, e-mail
address, language, country or location, the company you work for and your position
within this company but may include other information when needed to provide a service
you requested.
When you buy and install a new product (if any offered for sale in this Site), we
may ask you to register your purchase electronically. When you do, we keep this
registration information on file with any information you've already given us on
previous visits to this Site. This is considered your personal profile.
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Use of your Personal Information
We use your personal information for the following purposes:
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To proceed with your subscription to a user account and to make this Site easier
for you to use by not making you enter your personal information more than once.
- To deliver services that you request or purchase.
- To help you quickly find services or information on this Site.
- To help us create and publish content most relevant to you.
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To alert you to product upgrades, special offers, updated information and other
new services from Flateck.
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To enable us to proceed with your registration to an event organized by Flateck
and/or its partners.
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To correspond with you and/or to respond to your inquiries, request for information
or any other message posted through this Site.
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To send you newsletters, direct marketing information and to perform market research
or surveys, unless if you have requested Flateck to not contact you for this purposes
by clicking on the appropriate option or by editing our updating your personal profile.
By accepting the Terms of Use (this Privacy Policy being part of it), Flateck assumes
that you have given your permission to collect and use your personal information
as per this Privacy Policy.
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Information Sharing
We may provide and share your personal information to our affiliated companies,
subsidiaries or business partners on a need to know basis to support us for the
above usage purposes.
We also occasionally hire other companies to provide limited services on our behalf,
including packaging, mailing and delivering purchases, answering customer questions
about products or services, sending postal mail and processing event registration.
We will only provide those companies the information they need to deliver the service,
and they are prohibited from using that information for any other purpose.
Flateck may disclose your personal information if required to do so by law or in
the good faith belief that such action is necessary to: (a) conform to the edicts
of the law or comply with legal process served on Flateck or this Site; (b) protect
and defend the rights or property of Flateck, its affiliated companies or subsidiaries
and its family of Web sites, or (c) act in urgent circumstances to protect the personal
safety of users of Flateck, its Web sites, or the public.
Whole or part of your personal information could be available to and could be collected
by all other users in cases where data is shared with third party as a necessary
or implied function of certain part of this Site or for certain services, for example,
(a) posting comments within Forums (as this term is defined in the Terms of Use);
or (b) attendance at conference, training sessions, seminar or any other events
organized by Flateck or Flateck affiliated companies or subsidiaries (even if in
partnership with Flateck business partners or suppliers).
Your information may be stored and processed in the United States or any other country
in which Flateck or its affiliates, subsidiaries or agents maintain facilities,
and by using this Site, you consent to any such transfer of information outside
of your country. Flateck abides by the safe harbor framework as set forth by the
U.S. Department of Commerce regarding the collection, use, and retention of data
from the European Union.
In the event that Flateck sells or transfer whole or part of its business, your
personal information collected through this Site could be transferred to the company
acquiring such business unless you instruct Flateck not to do so.
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Control of your Personal Information
When you register, or otherwise give us personal information, Flateck will not share
that information with third parties without your permission, other than for the
limited exceptions already listed. It will only be used for the purposes stated
above. Flateck may send out periodic e-mails informing you of technical service
issues related to a product or service you requested as they are essential to the
use of the product or service.
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Access to your Personal Information
We will provide you with the means to ensure that your personal information
contained in various profiles on this Site is correct and current. Due to
different processes, such information may be kept at different locations for
different services. In such case you may be required to review and update the
information in multiple locations. You may review and update this information or
request deletions of any and all of your personal information at any time.
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Security of your Personal Information
This Site strictly protects the security of your personal information and honors
your choices for its intended use. We carefully protect your data from loss, misuse,
unauthorized access or disclosure, alteration, or destruction. Your personal information
is never shared outside Flateck without your permission, except under conditions
explained above. Inside Flateck, data is stored in password-controlled servers with
limited access.
You also have a significant role in protecting your information. As an example,
no one can see or edit your personal information without knowing your password,
so do not share this with others. If you believe that your password has been compromised,
you should immediately change your password.
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Data Collected Outside this Site
Flateck may hire third parties to collect data or may purchase data from third parties.
This may include renting e-mail address lists for use in e-mail campaigns. To the
extent that your personal information at this Site is augmented through such measures,
Flateck will provide the same security and management options as set forth herein
for data collected within this Site.
While travelling through this Site, you may encounter links to third parties web
sites (such as Flateck business partners); even though a connection might
be made to such third parties sites, Flateck is not responsible for their respective
and own privacy policies.
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Use of Cookies
To ensure we are publishing content users need and want, this Site collects site-visitation
statistics using cookies. We only use this information in aggregated form and only
use site-visitation statistics for improving this site.
When someone visits this Site, a cookie is placed on the user's machine (if the
user accepts cookies) or is read if the user has visited this Site previously.
If you choose to not have your browser accept cookies from this Site, you will be
able to view the text on the screens, however you will not experience a personalized
visit nor will you be able to subscribe to the service offerings on this Site.
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Changes to this Privacy Policy
Flateck will occasionally update this Privacy Policy. When we do, we will also revise
the "last updated" date at the top of this Privacy Policy. For material changes
to this Privacy Policy, Flateck will notify you by placing prominent notice on this
Site.
Continued use of this Site implies your acceptance of any changes to this Privacy
Policy.
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(last update: January 1, 2008)
Legal Notices
The following information are provided to you with respect to your use of this web
site or any part of it (this "Site").
Copyright
Flateck © 2009. All Rights Reserved.
You are authorized to copy documents published by Flateck ("Flateck") on this
Site only as specifically permitted by the Terms of Use.
Trademarks
"Flateck" and Flateck logo are respectively registered trademark and service mark
of Flateck.
All other trademarks are owned by their respective companies.
Other Intellectual Property Rights
Any product, process or technology described in this Site may be subject to
other Intellectual Property Rights reserved by Flateck, its affiliated
companies or any third party. Unless otherwise expressly authorized in this
Site, no right to use any such Intellectual Property Rights is granted hereunder.
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Company Information
Name: Flateck
Registered international office address: 3191 Coral Way, Suite #507, Miami, Fl 33145, United States
Place of international incorporation: Florida, United States
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Important Notice to Users
This Legal Notices may include inaccuracies or typographical errors. Changes may
be made to the information herein and incorporated into new editions of this Legal
Notices. However, there are no duties or obligations on Flateck to update this Legal
Notices.
THE INFORMATION OF THIS LEGAL NOTICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY REGARDING
ACCURACY, RELIABILITY OR NON-INFRINGEMENT.
If you have any question about this Legal Notices, please contact us at
legal@flateck.com