Please read the following terms of service ("Agreement" or "Terms of Service") before you use any of the products or services we provide through our application, software or website (all of which are referred to collectively herein as the "dBPorous Technologies").
The dBPorous Technologies are owned, licensed and operated by dBVibroAcoustics s.r.o. (referred to herein as "we," "us," "our," "dBVA" or " dBPorous "), which has developed web applications and services for use in connection with a variety of devices and platforms, including without limitation, Windows, Mac, iPhone, iPad, Windows phone, Chrome, Safari, Firefox and other mobile devices and computers.
The Terms of Service constitute a binding legal agreement, which govern your use of the dBPorous Technologies via any platform or device. By visiting our website or installing or using any of the dBPorous Technologies, you are accepting these Terms of Service. If you do not agree to these terms, please do not access our website or use any of our products or services.
If you have questions or concerns regarding this Agreement or the dBPorous Technologies, you should contact us at firstname.lastname@example.org. Alternatively, you may contact us at:
130 00, Praha 3
The dBPorous web application, supporting files, and accompanying documentation (referred to collectively herein as the " dBPorous application") is provided solely for non-commercial use, for you and your colleagues within your local organization. THE MATERIAL REPORT, ARTICLES AND OTHER CONTENT THAT YOU CHOOSE TO DOWNLOAD FROM dBPorous ARE PROTECTED BY COPYRIGHT AND OTHER LAWS. YOU ARE NOT AUTHORIZED TO SELL OR SHARE FOR FREE OUTSIDE OF YOUR ORGANIZATION (YOUR COMPANY) ANY MATERIAL DOWNLOADED FROM dBPorous APPLICATION. As an exception, the acoustic material suppliers who contribute acoustic materials to dBPorous are granted the permission to share the biot parameters reports worldwide within their organization.
Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, company specific (including you and your colleagues in your local organization), non-transferable (outside your organization/company), non-commercial right and license to: (1) access the web dBPorous application; and (2) view, download and use the dBPorous Technologies, including, without limitation, the products and services made available on or through the dBPorous application or our website. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. In this case, access to dBPorous application will be revoked, a copy of your account material database (in “MY PURCHASES” section) will be exported and sent to you before we permanently close your account.
The dBPorous Technologies, including, but not limited to, the dBPorous application and all other programs, text, graphics, report files and other content are owned and copyrighted by dBVibroAcoustics s.r.o. and its licensors, and are protected worldwide. We retain all right, title and interest in and to the dBPorous Technologies and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks (including without limitation dBPorous ®, the dBPorous logo), service marks, trade secrets and other intellectual property rights, any derivative work of the dBPorous Technologies, and any Update, and any copies thereof, regardless of the form or media in or on which the original or other copies may subsequently exist. For purposes of this Agreement, "Update" shall mean any modification, error correction, bug fix, new release, upgrade, patch or other update to or for the dBPorous web application. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership of and rights with respect to the dBPorous Technologies, or any derivative work or Update. This license is not a sale of the original or any backup copy. All rights are reserved unless otherwise noted.
All other trademarks cited on dBPorous web application are the property of their respective owners. All porous material names, material suppliers and test labs company logos, and brands are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.
Your access to and use of the dBPorous Technologies is subject to this Agreement and all applicable laws and regulations. You may not:
(1) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the dBPorous Technologies, including any of its files, tables or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the dBPorous application or any portion thereof;
(2) distribute, license, transfer, or sell, in whole or in part, any of the dBPorous Technologies or any derivative works thereof;
(3) market, rent or lease the dBPorous Technologies for a fee or charge, or use the dBPorous Technologies to advertise or perform any commercial solicitation;
(4 ) use the dBPorous Technologies to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
(5) use the dBPorous Technologies to collect or harvest personal information about other users of the dBPorous Technologies;
(6) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with other users of the dBPorous technology and forum;
(7) use the dBPorous Technologies, or any other services, products, or downloads available in connection with the dBPorous Technologies for illegal purposes;
(8) represent that you are the owner of any of the dBPorous Technologies, including any of its individual files, drawings or documentation;
(9) remove or alter any proprietary notices, labels, marks, watermarks or identifying information of any kind on the dBPorous Technologies;
(10) incorporate the dBPorous Technologies or any portion thereof (especially the Biot parameters contained in the material reports) into any other program or product;
(11) use the dBPorous Technologies for any purpose other than in accordance with the terms and conditions of this Agreement; or
(12) copy or reproduce, in any form or by any means, any part of the dBPorous Technologies, except that you may export your data from your account (“MY PURCHASES” section) which contains all material properties purchased on dBPorous and/or imported from user’s own database, at any time. We reserve the right to refuse service, terminate accounts or limit access to the dBPorous Technologies in our sole discretion.
If you choose to create a user account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, Registration Data or passwords, as the case may be.
If you choose to send us any message, feedback or data, including, but not limited to, any ideas, comments, suggestions or questions regarding any product or service, such information shall be deemed to be non-confidential, unless a NDA is signed prior to receiving such information. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how or techniques.
We require that you send us the logo of your company. Your company logo will be used on your company secure area of dBPorous (MyAccount) containing pages such as MyCart, MydB, MyProfile, MySubscription and MyInvoices. When navigating the website, the presence of your company logo confirms that you are in your company secure area of dBPorous and therefore eliminates any confusion between the public and private areas of the website. dBPorous retains the right to show your logo in the home page of the website where a list of current user's company logos is shown. dBPorous also retains the right to use your logo in its marketing campaigns (emails, LinkedIn and the likes) to attract more users and manufacturers to the website and therefore enrich its content. The right to use your company logo will end when you decide to close your account on dBPorous.
All trademarks, service marks, logos, trade names and any other proprietary designations of dBPorous used herein are trademarks or registered trademarks of dBPorous. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Reasonable efforts are taken to improve the accuracy and integrity of the dBPorous Technologies, but we are not responsible for mistakes, out-of-date information, inaccuracies, typographical or other errors. Notwithstanding any other provision of this Agreement, we reserve the right to change, suspend, remove, or disable access to any of the dBPorous Technologies, content, or other materials comprising a part of the dBPorous Technologies at any time without notice in order to improve our web offering. In no event will we be liable for making these changes. Our website, products and services may be unavailable from time to time due to mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
THE dBPorous TECHNOLOGIES (INCLUDING, WITHOUT LIMITATION, OUR APPLICATION, SOFTWARE, PRODUCTS, SERVICES AND WEBSITE) ARE PROVIDED "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE dBPorous TECHNOLOGIES.
NEITHER dBVibroAcoustics s.r.o. NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE dBPorous TECHNOLOGIES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In case of a conflict, the two parties will attempt first to remedy the situation in good faith. If no agreement can be found, both parties will meet in court. This agreement shall be governed and construed in accordance with the internal laws of the Czech Republic.
Subscriptions to our paid dBPorous service are available on yearly subscription plans. Each paid subscription is valid for only one user account and you are not permitted to use your paid subscription with any other user accounts. OUR PAID dBPorous SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH SUBSCRIPTION PERIOD. THE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR LAST PAYMENT METHOD. TO CANCEL YOUR SUBSCRIPTION, PLEASE FOLLOW THE INSTRUCTIONS FOR CANCELLATION THAT ARE AVAILABLE ON OUR WEBSITE AT LEAST 14-DAYS BEFORE CURRENT PERIOD ENDS.
We do not issue refunds for subscriptions payments.
We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labour disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.
The dBPorous Technologies may be accessed from countries other than the Czech Republic. We control and operate the dBPorous Technologies from offices located in the Czech Republic and all servers that make it available reside in the Czech Republic. We make no representations or warranties that the dBPorous Technologies are appropriate for use or access in other locations. If you access and use the dBPorous Technologies outside the Czech Republic, you do so on your own initiative and you are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable.
We reserve the right to limit, in our sole discretion, the availability of the dBPorous Technologies or any portion thereof, to any person, geographic area, or jurisdiction, at any time.
If you create a user account or send emails to us, you consent to receive communications from us electronically. We will communicate with you by email. You agree that we may send email to you for the purpose of advising you of changes or additions to the dBPorous Technologies or your dBPorous subscription, about any of our products or services, or for such other purposes as we deem appropriate.
We may, at any time, revise this Agreement. If we modify the Terms of Service, we will post the modification on our website, through the dBPorous Technologies and notify each account owner of the changes. For your convenience, we include the effective date of the Agreement at the beginning of the document, so that you can easily ascertain whether it has been updated since the last time you viewed the Terms of Service. Your continued use of the dBPorous Technologies constitutes acceptance of this Agreement at the time of each use. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the dBPorous Technologies. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms of Service will apply to any dispute between you and dBPorous that arose prior to the date of such revision. These Terms of Service may only be modified in writing as set forth in this paragraph, and may not be modified orally.
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