Trezur's Terms of Use

version 01 – 30 September 2010.

Our Terms Of Use is an important legal agreement between us, and you should read through the entire document below. Here's a quick, non-legalese summary:

You're only allowed to use Trezur if you abide by our Terms of Use and our Software License Agreement.
You must be at least 13 years old.
You must respect intellectual property rights. That includes not attempting to damage or compromise our services. Don't cut the blue wire.
We can change our services and how they work at any time.
We'll respect your privacy and personal data. You respect it too: don't share access to your user profile.
We provide our software and services to you 'as is', and aren't responsible for any damage to you or your stuff.

This is our Terms Of Use Agreement.

Definitions:
In this document, the terms below shall have the following meanings:

"Agreement" means this TOU.
"Password" means the secret phrase that you will use, in combination with your email address, to gain access to your profile on the Services.
"Services" means any service offered by Trezur via the internet, whether provided by Us to You free of charge or for a fee.
"TOU" means this Terms of Use agreement.
"Trezur" means Trezur Limited, a private limited company incorporated in Ireland, registration No. 443796.
"Us", "Our", "We" shall all refer to Trezur.
"You", "Your" and similar terms refer to you, the user of the Services.

General:
1. You are only permitted to use the Services offered by Trezur if you understand and agree to this Agreement. Your use of any of the Services shall be deemed knowledge of and acceptance by You of this Agreement. If You do not understand and agree to, or cannot comply with, this Agreement, You may not use any of the Services.
2. If You do not agree to the terms of this Agreement, You cannot agree to the terms of this Agreement, and/or breach any of the terms of this Agreement, then You are not permitted to use any of the Services. In these circumstances, We may withdraw access to the Services without notice.
3. You must be at least thirteen (13) years of age to use the Services. If you are under the age of thirteen (13), you are not permitted to use the Services.
4. If You are between the ages of thirteen (13) and seventeen (17), You must obtain permission from a parent or guardian before using the Services.
5. By using the Services, You warrant to Us that You are permitted to use the Services in the country or countries in which You use the Services.
The Services:
1. We shall provide access to the Services, or any part thereof, as We see fit and We reserve the right at our sole discretion to amend or withdraw any or all of the Services, or parts thereof.
2. We reserve the right to extend, curtail, and modify any aspect of the Services as We see fit from time to time.
3. If you are dissatisfied with the way in which we have amended our Services, Your sole remedy shall be to obtain a refund of any unused time-based subscription fee which You have paid Us for access to an amended Service.
4. While We will use our best commercial endeavours to remedy any malfunction in our Services, We shall not be required by this Agreement to remedy any such malfunction within any time period.
Registration:
1. You may be required to create and use a user profile on Our web sites. If You create and/or use such a profile, You warrant that all of the information provided to Us is correct in all regards, and that You are properly entitled to use the user profile.
2. You will be required to use a valid email address in order to verify your identity when using the Services. You warrant that You are the legitimate owner of the email address that You use as part of your user profile.
3. You warrant that You will only use the user profile to which You are properly entitled. You also warrant that You will not knowingly use the user profile of any other person.
4. You warrant that You will keep Your Password secret.
5. You grant us irrevocable permission to retain data pertaining to your user profile.
Intellectual Property:
1. You acknowledge that We own the Intellectual Property in the Services, and You warrant not to do anything, or neglect to do anything, that would damage Our rights to Our Intellectual Property.
2. We hereby give you notice that We have obtained certain rights to the Intellectual Property of third parties, and that We provide You with access to the Intellectual Property of those third parties "as is", without any warranty whatsoever as to its fitness for purpose, correctness, completeness, accuracy, or in any other regard.
3. Our Services contain trade secrets, and You warrant that you will not do anything, or neglect to do anything, that would damage Our rights to Our trade secrets.
4. We grant You a non-exclusive, non-transferrable revocable license to use the Services, including any Intellectual Property incorporated therein (whether owned by Us or provided to You by Us as a sub-licensee of third parties) subject to Your compliance to this Agreement. If You fail to to comply or continue to comply with this Agreement, We reserve the right to terminate this license forthwith at our discretion.
5. You warrant that You will not use the Services, our software, or any combination or subset thereof to infringe on the Intellectual Property of Ours, our third-party licensors, or any other third party.
6. You acknowledge Our ownership in Our trademarks, brand images, and the user interface design of the Services. We acknowledge the ownership by third parties of the Intellectual Property in their trademarks and brand images.
7. You agree that any posts, comments, feedback, or any other data (and any derrivative works derrived therefrom) that you provide to Us irrevocably becomes Our property without royalty or fee, and You agree that We may use this data in any way We wish.
Proper Uses:
1. You warrant that You will not, and will not attempt to, use any of the Services other than in a manner in which they were intended by Us to be used by You.
2. You warrant that You have taken all reasonable steps to protect any device You use to connect to Our Services from malware.
3. You warrant that You will not attempt to dis-assemble, reverse-engineer, de-compile, modify, or create derrivative works from our Services or software, or otherwise interfere with the proper functioning of any of our Services or our software.
4. You warrant that You will only use the Services for private, non-commercial use.
5. You warrant that You will not rent, hire, resell, sub-license or otherwise gain commercial gain from our Services.
6. You warrant that You will not circumvent or overcome, or attempt to circumvent or overcome, any security or privacy features of the Services. You acknowledge that You may be subject to CRIMINAL PROSSECUTION AND CIVIL LIABILITY TO US if You attempt to overcome Our security and privacy protection technologies.
7. You agree that You will not make any comments, posts, feedback or other submissions, or any other contributions to the Services that are obscene, racist, defamatory, are likely to incite hatred, or are in Our reasonable view unsuitable for our other users to view. If you repeatedly make unsuitable contributions to the Services, we have the right at no notice or liability to You to terminate your access to the Services. You also warrant that any contributions that You make to the Services does not infringe on the Intellectual Property rights of any other person or entity. You agree that We are under no obligation to publish or otherwise use any content contributed by You to the Services.
8. You agree that We are not responsible for any content supplied to Us by any other user which may be objectionable in any manner. However, We appreciate Your co-operation in identifying any such objectionable content, and if in Our opinion the material is objectionable, We may remove the content from the Services.
9. You warrant that You will not use the Services or any part thereof to harrass, impersonate or intimidate any other person, and that if in Our view You have breached this warranty, We may terminate Your access to the Services, and if appropriate, supply information about You and Your conduct to appropriate law enforcement agencies.
Financial Transactions:
1. Some of our Services may be supplied to You subject to a fee.
2. If a fee applies to some or all of Our Services, We will only provide You with access to those Services after You have explicitly agreed to be billed for such access, and You have paid the fee.
3. If You authorise Us to charge You for access to fee-based Services, You also authorise Us to retain personal data about You in our electronic records to enable us to provide our Services, process payments from You, and properly manage Our business.
4. If you subscribe for fee-based Services, We warrant to use our best commercial endeavours to providing You with those Services 99% of the time.
Termination of Services:
We may terminate Your access to our Services without further notice if We have reasonable cause to believe that any of the following exist:
1. You have breached any warranty You are required to give in this Agreement.
2. You attempt to acquire access to a fee-based Service through fraudulent means.
3. You withdraw your consent to this Agreement.
Software:
1. We may make downloadable software applications available for Your use as part of our Services, and if You choose to download any such software, You warrant to be bound to our Software License Agreement, as amended from time to time.
2. Use of our software may require access to the Services in order to enable features in the software. Your use of such Services shall be governed by this Agreement and the Software License Agreement, and your access to such Services shall be conditional upon your ongoing agreement to these Agreements.
3. We may require You to pay a fee for access to features in our software, and in the case where You agree to pay such fees, You grant Us permission to hold whatever data we reasonably require about You in order to deliver the Services to You and to properly manage Our business.
Your privacy:
1. Your use of our Services is subject to our Privacy Policy. You can vew our privacy policy at trezur.com/privacy_policy.
2. We use data encryption technologies to preserve the privacy and security of Your information, including industry-standards based technologies for encrypting data transmissions between You and Us.
3. You warrant that You will not allow any third party to use Your user profile to gain access to Our Services.
4. You warrant that You will take all reasonable steps to protect the confidentiality of any Password or other credentials provided to You to gain access to Our Services.
Limitation of Liability:
1. The Services are provided to you "as is". Any use by You of our Services is at Your own risk. To the maximum extent permitted by law, We disclaim either express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no representations or guarantees that the Services will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability rrelating thereto.
2. We make no guarantees, representations, or warranties the use or results of the use of the Services will be accurate, reliable, current, uninterrupted or without errors.
3. We reserve the right, without prior notice, to modify, suspend, or discontinue the Services, and We shall have no liability to You or any third party.
4. You agree that your provision of any information to Us is at Your own risk. We do not accept any liability to you with regard to any loss or liability relating to any information supplied to Us by You in any way whatsoever.
5. In certain circumstances, You may encounter offensive or obsene materials through Your use of the Services. You agree that We shall no liability to You whatsoever resulting from such materials.
6. Certain Services may include content that is owned by third parties, and You acknowledge that We have no responsibility for third party content.
7. Under no circumstances will We be liable to You for indirect, general, special, incidental, consequential, exemplary or other damagers (including without limitation, damages for loss of profits, business interruption, corruption of files, loss of information or any other pecuniary loss) even if We have been advised of the possibility of such damages.
8. You agree that no oral or written information or advice given by Us or others shall create a warranty to You and neither Your nor any third paryt may rely on any such information or advice.
9. The maximum liability from Us to You under this Agreement shall be limited to the greater of one Euro (€1.00) or the amount paid by You to Us for the Services in the three month period immediately before the date on which You first assert a claim against Us.
10. Certain jurisdictions restrict Our limitations of liability, and in such jurisdictions, We claim these limitations of liability to the maximum extent permitted.
11. We hereby give you notice that any Service that we provide that carries the word "beta" in its name or descriptions shall be materially incomplete in its development and construction, and You accept that Service on that basis.
Indemnities:
1. You indemnify and hold Us, our directors, officers, employees, affiliates, agents, contractors and licensors harmess with respect to any lawsuits or claims arising directly or indirectly from (a) Your breach of this Agreement, including but not limited to any infringement by You of the Intellectual Property rights of Ours or of any third party, or (B) Your use of Our Services.
2. You agree that your indemnity to Us shall survive termination by either party of this Agreement.
Miscellaneous Items:
1. This Agreement shall be governed by the laws of Ireland, and You and Trezur agree to submit to the jurisdiction of the Irish courts.
2. This Agreement may be modified by Trezur as it sees fit from time to time by giving 7 days advance notice through its principal web site, trezur.com. If you do not accept the amendments to the Agreement, your sole option is to immediately discontinue usage of the Services, without liability on Our part to You whatsoever.
3. The headings shown in this Agreement are for illustrative purposes only and shall not be construed to convey meaning to any section herein.
4. If any section of this Agreement is found unenforceable or invalid by a court of competent jurisdiction, You and We agree that the remainder of this Agreement shall continue in full force and effect as if the unenforceable or invalid section had not been a part of this Agreement.
5. Any failure or delay by Us to enforce any of Our rights in this Agreement shall not be construed as a waiver or relinquishment of such rights, and We may enforce our rights in this Agreement as we see fit.
6. We make our Services available from Ireland, and we make no representation that use of our Services are permissible in any other country. It is Your responsibility to satisfy Yourself that You are permitted to use Our Services under laws pertaining to You.
7. You and We explicitly disclaim the application of the Convention on Contracts for the International Sale of Goods.
8. Any dispute between You and Trezur shall be private between us, and You shall not join with any third party in pursuing Your claim against Us.
9. You agree to bring any claim against Us within one calendar year of the date on which any disputed action or omission on Our part occurred, irrespective of any rights under laws in Your country or Ours.
10. This Agreement shall commence on the date on which You first use the Services, and shall continue in force until terminated by either of Us.
11. You shall require computer and/or internet devices, certain third party software, and intenret access in order to use the Services, and You agree that You shall be responsible for the procurement of such resources at Your cost.
12. We may present advertisements and sponsored messages as part of its Services, and You acknowledge that We shall have no liability to You whatsoever arising from these messages.
13. We may present links to third party internet services as part of Our Services, and You agree that We shall have no liability to You whatsoever in regard to any such link.
14. You may not sub-license or assign any of Your rights under this Agreement to any third party. You agree that We may assign or transfer Our rights under this Agreement to a third party by giving notice of such assignment or transfer on our principal website, trezur.com.
15. We shall have the right to send you email communications at the email address that You use as part of Your user profile. If you request us to do so, We will not send You marketing or promotional emails.
16. If You wish to send Us notifications or communications related to this Agreement, You should do so by sending an email to legal@trezur.com.
You acknowledge by using the Services and/or by explicitly agreeing to these TOU that You understand and agree to be bound by this Agreement, and that this Agreement (as amended by us from time to time) (and any Software License Agreement that You have entered into with Us) shall constitute the entire agreement between You and Trezur.