WHEREAS, Antanas Marcelionis (hereinafter -”amCharts”) is a supplier of web services including, but not limited to amCharts.com website, helpdesk interface, Live Editor tool, Pixel Map Editor tool (the “Services”);
WHEREAS, you (“you”) desire to subscribe to amCharts Services;
NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and agreements contained herein, the parties hereby stipulate, agree and contract as follows:
1. ACCEPTANCE OF TERMS
By registering for and using the Website or the Services you hereby agree, both on your own behalf and as an authorized representative of any organization for which you are accessing and/or using the Website or the Services (the “Employer”), that you and the Employer will use the Website and the Services only in accordance with and subject to the following Terms and Conditions. If you do not accept these terms and conditions you must immediately stop using the Website and/or the Services.
2. CHANGES TO WEBSITE
2.1. amCharts reserves the right to:
2.1.1. change or remove (temporarily or permanently) the Website or any part of it without notice and you agree that amCharts shall not be liable to you for any such change or removal; and
2.1.2. change any of the Terms and Conditions contained in this document or any policies or rules governing the Website and/or the Services at any time and in its sole discretion. Any such changes will be effective upon the posting of the revised Terms and Conditions or such policies and rules on the Website and you are solely responsible for reviewing any such notice and the corresponding changes to the Terms and Conditions. Your continued use of the Website and/or the Services following any such revisions to the Terms and Conditions or such policies and rules will constitute your acceptance of such changes. If you do not agree to any such changes, do not continue to use the Website and the Services.
3. YOUR ACCOUNT
3.1. After you agree to be bound by these Terms and Conditions and complete the registration form or register using third parties authentication systems (e.g. Facebook or Google accounts), amCharts will create an account for you (the “Account”). You shall not register more than one Account with amCharts.
3.3. You are solely responsible for maintaining the confidentiality of your unique logon ID and password, and for their use. As traffic on this Website and system may be monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.
4. USER CONDUCT
You shall use the Website and the Services for lawful purposes only. You shall not post or transmit through the Website and the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without amCharts’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in amCharts’s discretion restricts or inhibits any other user from using or enjoying the Website and/or the Services will not be permitted. You shall not use the Website and the Services to advertise or perform any commercial solicitation.
All copyright, trademarks and all other intellectual property rights in the Website and any parts of it including the images, data, text, videos and software that is made available to access or download from the Website is the copyrighted work of amCharts and/or its suppliers.
6. SUBMITTED CONTENT
6.1. You unconditionally warrant that any content, information and data uploaded, provided, made available, or otherwise transferred (“submited”) by you on, to, or through the Website or the Services (the “Content”): (i) will not infringe the intellectual property rights of amCharts or any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (ii) will not violate any law, statute, or regulation; (iii) will not be defamatory or libelous, and, (iv) will not create liability for amCharts. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
6.2. amCharts does not claim ownership of the Content. However, by submitting the Content to the Website and making it “public” by choosing relevant settings on the Website, you grant to amCharts the following rights to such Content: (i) the non-exclusive, worldwide, royalty free, perpetual, non-revocable license and right to copy, publish and distribute the Content in any form and in any language and the right to translate and publish and distribute Content to other internet sites under license with amCharts; (ii) the right to create derivative works from the Content, the right to include the Content in advertising and promotion, and the right to sub-license, reproduce, resell, and redistribute the Content, and any derivative works thereof, to third parties in any medium and anywhere in the world without compensation to you. This right remains with amCharts even when you remove or modify the Content and survives the termination of these Terms and Conditions.
6.3. As the Website and the Services are designed as a platform where you can try, test and evaluate amCharts software and products rather than store your Content, amCharts will not be responsible for archiving and/or backing up the Content. Please take care of your own backups. For the same reason amCharts reserves the right to block access to or remove the Content or any part of it at any time.
7. PERSONAL DATA
At any time and for any reason amCharts may terminate this agreement, your access to the Website and/or the Services or your Account without notice to you. amCharts shall have no liability or obligation for the termination of this agreement.
You agree to indemnify and hold amCharts, its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and its employees harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against amCharts arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website or the Services.
10. EXCLUSION OF WARRANTIES AND LIABILITY
10.1. amCharts.COM DOES NOT WARRANT THE CONTENT, ACCURACY OR VERACITY OF ANY MATERIAL OR OTHER INFORMATION ON THE WEBSITE, THE RESPONSIBILITY FOR WHICH RESTS WITH YOU.
10.2. YOU SHALL ACCEPT THE WEBSITE AND THE SERVICES “AS IS” WITH ANY FAULTS OR FAILINGS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF ACCURACY, COMPLETENESS, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
10.3. IN NO EVENT WILL amCharts BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGES OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY YOUR OR WEBSITE USERS’ ACCESS TO, OR USE OF THE WEBSITE AND/OR SERVICES, ANY MATERIAL THEREON OR ANY PRODUCTS, GOODS, MATERIALS OR SERVICES AVAILABLE THEREFROM, WHETHER BASED IN CONTRACT, TORT AND WHETHER NEGLIGENT OR OTHERWISE, EVEN IF amCharts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THIS EXCLUSION OF LIABILITY IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE UNLAWFUL, BUT THAT LIABILITY MAY BE LAWFULLY LIMITED, amCharts’ AGGREGATE TOTAL LIABILITY TO YOU FOR ALL SUCH DAMAGES AND LOSSES SHALL BE LIMITED TO THE 50 USD.
11. MISCELLANEOUS PROVISIONS
11.1. If any section or portion(s) of these Terms and Conditions is declared invalid by any court of competent jurisdiction or a government agency having jurisdiction, the remainder of these Terms and Conditions, and the application of such provision to persons or circumstances other than those to which it is held invalid by such court, shall not be affected thereby, and these Terms and Conditions shall remain in full force and effect. To the extent possible, the parties shall reform such invalidated section or portion(s) thereof in a manner that will render such provision valid without impairing the parties’ original intent.
11.2. These Terms and Conditions are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms and Conditions shall be null and void. amCharts may freely assign these Terms and Conditions without consent or notice.
11.3. If you are a resident of or a company which place of business is in the US or EU, these Terms and Conditions shall be governed by the laws of the jurisdiction of your place of residence. In other cases the laws of the Republic of Lithuania shall govern these Terms and Conditions. Additionally, if you are a company which place of business is in the US, you agree that this License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You irrevocably submit to the jurisdiction of the state courts sitting in, and any action or proceeding arising out of these Terms and Conditions will be heard and determined in such court. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, such provision will be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remainder of these Terms and Conditions will continue in full force and effect.