Our Site is intended primarily for the purpose of providing general information about us and our services and is for your private use. Our Site has been compiled and is maintained by us but we make no representation as to the completeness or accuracy of the information it contains. You should be aware that some information may be incomplete, may contain errors or may be outdated. We reserve the right to add, modify or delete any information contained in our Site without notice to you. We specifically disclaim any duty to update our Site.
You may use our Site for lawful purposes only and in compliance with all applicable laws and regulations. You are prohibited from using our Site, or transmitting to or through our Site, any unlawful, threatening, obscene, defamatory, libelous, fraudulent, harassing, pornographic, hateful (ethnically or racially) or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, infringe on any intellectual property right or otherwise violate any law. You will not take any action that interferes or attempts to interfere with the intended functioning of our Site, including submitting or transmitting any software or other computer files that contain a virus or other harmful component, or otherwise impairing or damaging our Site. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity when using our Site, nor will you attempt to gain unauthorized access to any portion or features of the Site or services, to any other systems or networks connected to the Site, to any of our servers, or to any of the services offered on or through the Site, including but not limited to by hacking, password “mining,” or any unauthorized means.
Viewing and downloading materials in our Site is permitted only for your private use, provided that you retain all copyright, trademark and other proprietary notices contained in the original materials on any copies you make of the materials. You may not modify the materials on our Site in any way or reproduce or publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited, unless approved by Energy Spas in advance in writing. You may not use any automated means to collect information or content from or otherwise access our Site, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.
A. Site Content: Our Site, design of our Site, and all content in our Site (“Site Content”) are protected under Europe and international copyright laws. Our Site is owned by Energy Spas and except for Your Content (as defined in Section B below) or as specifically stated or otherwise indicated, all Site Content including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code, links on our Site is the property of Energy Spas or its subsidiaries and protected by intellectual property laws.
B. Your Content: Energy Spas does not own any Content submitted by you (“Your Content”). You retain all of your ownership rights in Your Content. By submitting Your Content to our Site, you grant Energy Spas a worldwide, non-exclusive, royalty free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content. We will also be free to use any ideas, concepts, know-how, or techniques contained in information that you send to us for any purpose including, but not limited to, developing, manufacturing, and marketing products and services.
C. Third-Party Content: Content owned by third parties may also appear on our Site, and you should respect those property rights as well. Content owned by third parties available on our Site is used by Energy Spas pursuant to rights from the third party.
D. Use of Copyrights and Trademarks Prohibited: Nothing on our Site should be construed as granting by implication, estoppel, or otherwise, a license or right to use any mark displayed on our Site, without the prior written permission of the owner of the mark. The copyright in the Site Content is owned by Energy Spas, unless otherwise noted. We do not warrant or represent that use of our Site will not infringe rights of third parties. See the User Conduct paragraph for your obligations.
Pursuant to the Copyright Act, and specifically 17 E.U. 512 (c)(3), you may submit written notification of copyright infringement to Energy Spas’ Copyright Agent. Such notification must include at least the following information:
Energy Spas’ designated Copyright Agent is Associate General Counsel, Corporate & Commercial Law, Copyright, Energy Spas Business Services Company, LLC, 202 Boulevard Robert Bourassa Suite 1700, Montreal, QC, H3A 2A6, Canada. Email address: [email protected]
For security purposes and to ensure that the services available through our Site remain available to all users, our Site may employ industry-standard methods to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Unauthorized attempts to upload or change information on our Site are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1993 and the National Infrastructure Protection Act.
You may link to our Site provided you comply with the following:
Our Site and any content, information, software, functions and applets provided on or through our Site are made available on an “AS IS” or “AS AVAILABLE” basis. We do not warrant the information made available through or on our Site, that our Site will be timely, secure, uninterrupted or error-free, or that defects in our Site, if any exist from time-to-time, will be corrected. We will not be responsible for errors, omissions, interruptions, deletions, defects or delays in the operation and transmission of our Site, any services or related content, for communication line failures, or for computer viruses or other harmful software associated with the operation of our Site.
WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE, BY YOUR USE OF OUR SITE, THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.