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LEGAL STATEMENT - TERMS OF USE


October 20, 2003

I. TERMS OF WEB SITE USE

BY USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEB SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME, FOR ANY REASON, AND WITHOUT NOTICE.

II. PRIVACY STATEMENT

Presenta respects your privacy. That's why we have created this Privacy Statement to explain how and why we collect certain information online, and how we use that information. This statement also explains how you can prevent collection of certain information about yourself, if you choose. Please take a few moments to read our Privacy Statement.

Right to Change Policy

As Presenta is constantly innovating and enhancing the products and services it provides to its users, this Privacy Statement will also continue to change to match the products and services we make available. As such, we reserve the right to change this statement to match the products and services we provide. If we make any material change to this statement, we will change the date at the top of this statement to reflect the effective date of the change. When you visit our site or use our products and services, we encourage you to check the date of this Privacy Statement to ensure you are aware of any updates.

However, regardless of how this Privacy Statement may change or evolve over time, Presenta will not collect or maintain your private and personally identifiable information without your consent. Further, if you consent to give us your personal information, we will keep it confidential and will not sell, license or disclose your personal information to any third party without your consent, unless we are compelled to do so under the law or to comply with a court order.

Types of Information We Collect

User Registration

Presenta Ltd. enables users to submit reviews, comments, troubleshooting reports and other content to the FileAvenue Web Service. Posting reviews or comments of files listed on the website requires user registration. We only collect personally identifiable information that you submit voluntarily. If you choose not to register or provide personally identifiable information, you can still use the website, but will not be able to use the services that require such information.
You may edit any of your user preferences by logging in to the "Reviews & Comments" area and going to the "preferences" appearing in menu. If you wish to deactivate your account, please write on searchcenter@presenta.net and request your account to be removed.

Cookies

Presenta uses browser cookies to facilitate your experience with our products and services. These cookies are small sections of code that our server sends to your browser which it can then store on your hard drive. If you choose to accept these cookies, they enable us to recognize that your browser has previously visited and used our site.
All user logins for the "Reviews & Comments" section are made via cookies. Cookie passwords are saved in encrypted format. Cookies renew mechanism also allows users to stay logged during longer periods of time - until the browser is closed. In any case, we recommend to do logout before you are leaving forums.
In addition, we use an outside ad companies to display ads on our site. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and we do not have access to or control over this information. See: Google Privacy & Terms

Third-Party Advertisement Servers

Some of our advertisers use third-party companies to serve their advertisements on our sites. Often, these third-party advertising companies employ cookie to measure advertisement effectiveness. We do not give any personally identifiable information to them as part of this relationship. Use of their tracking technology is subject to their own privacy policies. If you would like more information about the privacy policies of the third-party advertising providers including information on how to opt out of their tracking methods, check: http://www.networkadvertising.org/optout_nonppii.asp.

Log Files

We do log your IP address (the Internet address of your computer) to give us an idea of which parts of our website you visit and how long you spend there. But we do not link your IP address to anything personally identifiable. The only other information automatically provided to us is the type of computer and operating system you are using. Your browser supplies us with this information.

Purchasing and/or Credit Card Information

Presenta strives to maintain strict security for your private information. Our online ordering pages provide a secure means of ordering our products. We do not maintain any credit card information at Presenta, which means that you have to provide it each time you make a purchase, but also means that your information is controlled by you alone.

Technical Support

Any personal information you provide to us in the course of obtaining technical support, or asking other questions about Presenta will be used only for the purposes for which it was submitted. We may store the information, but we will not use it for any other purposes or disclose it to any third parties.

Requests For Removal of Listings within the Fileavenue.net/Fileavenue.com web service

In addition to indexing and listing material that is submitted directly by a publisher, the Service also lists material that is freely available on the World Wide Web. Occasionally the publisher of a particular software title that is freely available on the World Wide Web may request that we remove such software title from our search results. Requests for removal should be made by following the "Remove existing submission form" on Fileavenue.net/Fileavenue.com web service. We will consider such requests individually.

III. CONTRACTUAL ARRANGEMENTS

Trademarks and Copyrights

Presenta Ltd. owns and operates the presenta.net, iGetter.net, fileavenue.com and fileavenue.net web sites. Presenta, presenta.net and all other names, titles, logos, and designs identifying the products and brands of Presenta Ltd. and/or its affiliates and subsidiaries, including any derivative and related names, titles, logos and designs, are trademarks and the sole property of Presenta Ltd. All other names, titles, logos and designs appearing on this web site are the property of their respective owners.

This web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Content") and the entire contents of this web site are protected by copyright as a collective work and/or compilation under the Bulgarian copyright laws, international conventions and other copyright laws. Presenta Ltd. owns a copyright in the Content original to it and in the selection, coordination, arrangement and enhancement of the Content.

Any reproduction, modification, publication, transmission, retransmission, framing, misuse, misappropriation, unauthorized use, transfer, sale, distribution, performance, display, creation of a derivative work or any other exploitation of the Content or this web site, whether in whole or in part, is strictly prohibited unless the prior and express written consent of Presenta Ltd. is obtained. Notwithstanding the foregoing, any visitor to this web site may download the Content for personal use only provided that all copyright and other notices in the Content are maintained and the visitor agrees and acknowledges that it does not acquire any ownership or other use rights by downloading the Content.

Content Submission

Presenta Ltd. enables users and developers to submit product information, reviews, comments, troubleshooting reports and other content ("Content") to Fileavenue.net/Fileavenue.com. Properly submitted products and product updates will be included in the Fileavenue.net/Fileavenue.com downloads library, subject to these terms, conditions and notices (these “Terms”). Your use of Fileavenue.net/Fileavenue.com web service (the "Service") is based on your acceptance, without modification, of the Terms.

Submitting a product or product update to the Service does not guarantee that we will include it in our Fileavenue.net/Fileavenue.com downloads library or place it on Fileavenue.net/Fileavenue.com.

You agree to abide by Bulgarian and other applicable export control laws and not to upload to the Websites any data or software subject to restrictions under such laws, without first obtaining, and then complying with, any requisite government authorization. This includes, but is not limited to, certain types of encryption software.

You represent and warrant that you own or otherwise control all of the rights to your Content and that use of your Content by Presenta Ltd. and its affiliates will not infringe upon or violate the rights of any third party. Before you use Presenta Ltd. Websites to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. We reserve the right to remove any material that you submit to the Service for any reason without prior notice to you and without liability to us. Our goal is to ensure timely processing services; however, we do not guarantee that your submission will be processed within the expected timeframes associated with any Service program.

Your Conduct on the Service

If we discover that you have manipulated the data or statistics for a certain product, we reserve the right to remove the product from the Fileavenue.com/Fileavenue.net web service.

By posting messages, inputting data, or engaging in any other form of communication through the Service, you are granting us permission to use, modify, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such communication and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to your communication.

In addition, by making your copyrighted work available for download in our Fileavenue.com/Fileavenue.net downloads library, you certify that you own all intellectual property rights in such work and that the operation or distribution of such work does not, and will not, violate any law or third party rights. You also grant us, our affiliates, and our business partners a worldwide, royalty-free, nonexclusive license to use, reproduce, transmit, distribute, display, publish, perform, and create derivative works of your copyrighted work and subsequent versions of your copyrighted work for the limited purposes of (i) distributing the work, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (ii) storing the work in a remote database accessible by users, for a charge. Such license shall apply to distribution and storage of the work in any form, media, or technology now known or later developed.

Linked Web Sites

As a service to visitors to the presenta.net, iGetter.net, fileavenue.com and fileavenue.net web sites, we include links to other web sites over which we have no control. PRESENTA LTD. MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. A VISITOR'S DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT THE VISITOR'S OWN RISK AND DISCRETION.

Forums

"Forum" means a chat area, reviews area, bulletin board, e-mail or any other message or communication facilities or functions offered as part of this web site. You agree that you shall not use this web site, in any manner or to any extent, to do any of the following:

  • Commit any criminal or quasi-criminal offence, including without limitation, any pornography, threatening, intimidating, hate, assault, or economic crime whatsoever.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
  • Infringe, contravene, breach or otherwise interfere with or harm the rights of any other person, including without limitation any contractual, personality, confidentiality, privacy or publicity, moral, statutory, common law or intellectual property.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Delete any author attributions, trade-marks, trade names, logos, legal notices or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software, information or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters.
  • Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Any conduct that encourages, conspires, entices or promotes the occurrence of any of the prohibited conduct stipulated herein.

You acknowledge and agree that all Forum are public and not private communications, and that you shall only use any Forum for non-commercial purposes. Further, you acknowledge and agree that chats, postings, conferences, and other communications by other users are not monitored, screened, sanctioned or endorsed by Presenta Ltd., and such communications shall not be considered reviewed, screened, or approved by Presenta Ltd.. However, Presenta Ltd. shall have the right, but not the obligation, to monitor the content of this web site, including the Forums, and to remove, refuse to post or edit any material or content which Presenta Ltd., in its sole discretion, determines to be in violation of the provisions hereof or otherwise objectionable. Subject to the foregoing, Presenta Ltd. will not monitor, edit, or disclose the contents of a visitor's e-mail unless (a) required to do so in the course of normal maintenance of this web site and its systems; (b) required to do so by reason of any law, court, governmental or other legal order or; (c) in the good-faith belief that such action is necessary to: (i) protect and defend the rights or property of Presenta Ltd.; (ii) ensure compliance with the provisions hereof; or (ii) act in an emergency to protect the personal safety of our visitors or the public. Visitors shall remain solely responsible for the content of their messages. Presenta Ltd. reserves the right for any reason to remove at any time without notice any contents of the Forum received from users, including without limitation bulletin board postings. Presenta Ltd. reserves the right to deny, in its sole and absolute discretion any user access to this web site or any portion thereof without notice.

You shall not, without Presenta Ltd.'s express prior written consent, distribute, transmit or otherwise publish any material or content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other online guests to join or become members of any commercial online service or other business or organization is expressly prohibited. It is our policy to respect the privacy of all guests. In this connection, please see our Privacy Statement.

By posting, uploading or submitting any material or content to any Forum or otherwise submitting any material or content to us, you automatically grant (or automatically warrant that the owner of the rights to such material or content has expressly granted) Presenta Ltd. and its affiliates and subsidiaries a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit any or all portions of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all so-called "moral rights" in any such materials and content posted, uploaded or submitted by you.

You agree to indemnify and hold harmless Presenta Ltd., its affiliates and subsidiaries and its and their respective directors, officers, employees and agents from and against any and all claims, damages, costs, losses, liabilities, expenses or causes of action arising as a result of your posting, uploading or submitting materials or content to any Forum or to this web site or your failure to comply with these terms of use.

Disclaimer and Limitation of Liability

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PRESENTA.NET, IGETTER.NET, FILEAVENUE.COM AND FILEAVENUE.NET WEB SITES IS AT YOUR SOLE RISK AND DISCRETION. YOU AGREE TO HOLD PRESENTA LTD. AND ITS AFFILIATES AND SUBSIDIARIES ABSOLUTELY HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY ACTION AGAINST PRESENTA LTD. AND ANY OF ITS AFFILIATES AND SUBSIDIARIES FOR, ANY CLAIMS IN ANY CONNECTION WITH THESE WEB SITES.

NEITHER PRESENTA LTD., ITS AFFILIATES AND SUBSIDIARIES, NOR ANY OF ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKES ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, EITHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRESENTA.NET, IGETTER.NET, FILEAVENUE.COM AND FILEAVENUE.NET WEB SITES OR THEIRS CONTENTS.

BY USING OR ATTEMPTING TO USE THE PRESENTA.NET, IGETTER.NET, FILEAVENUE.COM AND FILEAVENUE.NET WEB SITES, THE VISITOR TO THESE WEB SITES EXPRESSLY ACKNOWLEDGES AND UNDERSTANDS THAT THESE WEB SITES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES THAT THESE WEB SITES WILL BE OPERABLE, UNINTERRUPTED, VIRUS FREE OR ERROR FREE, WARRANTIES OF TITLE, WARRANTIES AS TO THE DEPENDABILITY, PRIVACY, ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR OTHER MERCHANDISE PROVIDED THROUGH THESE WEB SITES OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL PRESENTA LTD., ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, NOR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO ANY PARTY FOR DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE, OR ANY OTHER LINKED WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT YOU AGREE IS FAIR AND REASONABLE IN THE CIRCUMSTANCES CONCERNING YOUR USE OF THE WEB SITE AND APPLIES TO ALL HARM, LIABILITY, INJURY, LOSS, COST, EXPENSE OR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF HOW SAME ARISE (WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY OR OTHERWISE), AND WHETHER FOR OR IN CONNECTION WITH, WITHOUT LIMITATION, LOSS OF PROGRAMS OR OTHER DATA, LOSS OF INCOME, REVENUES OR PROFITS, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE EXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES AND OTHERWISE.

Governing Law and Jurisdiction

The presenta.net, iGetter.net, fileavenue.com and fileavenue.net web sites (excluding any linked web site) is controlled by Presenta Ltd. from its offices within the Republic of Bulgaria. These web sites can be accessed from all provinces and territories of Bulgaria, as well as from other countries around the world. As each of these places has laws that may differ from those of the Republic of Bulgaria, by accessing these web sites, the visitor agrees that all matters relating to access to, or use of, these web sites or any other linked web site, shall be governed by the the laws of Bulgaria, without regard to the conflicts of laws principles thereof. The visitor also agrees, and by using these web sites hereby submits, to the exclusive personal jurisdiction and venue of the courts of the Republic of Bulgaria and acknowledges that the visitor does so voluntarily and is responsible for complying with local laws. A visitor's use of these web sites is void where prohibited by laws in jurisdictions to which the visitor is otherwise subject, and the visitor agrees that it shall not visit or use these sites in any such circumstances. You agree and acknowledge that your use of these web sites, and all transactions occurring in connection with these web sites, shall be deemed to have occurred and taken place solely in the Republic of Bulgaria.

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