Website Terms of Use

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EMC Cement BV ("EMC Cement") Website Terms of Use (January 2024)
 

AGREEMENT

INTRODUCTION

The EMC Cement BV Web Site is made up of various Web sites and Web pages operated by EMC Cement BV, Alvägen 33, SE-97 332 Luleå Sweden or its subsidiaries (collectively, the "EMC Cement Web Sites"). These Terms of Use applies to the EMC Cement Web Site and does not apply to the content of third parties.

The EMC Cement Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the EMC Cement Web Sites constitutes your agreement to all such terms, conditions, and notices. Additionally, the EMC Cement Web Sites may themselves contain additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular EMC Cement Web Site, then these terms shall control.

Any rights not expressly granted herein are reserved.

COPYRIGHT, MORAL RIGHTS AND TRADEMARK NOTICES:

COPYRIGHT. All contents of the EMC Cement Web Sites are Copyright (c) 1995 - 2024 EMC Cement BV. All rights reserved. 

TRADEMARKS. "EMC Cement", the EMC Cement Device, "CemPozz", are either trademarks or registered trademarks of EMC Cement in the United States; Europe and other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred.

MORAL RIGHTS. The website's contents, including all movies and other work bearing the said EMC Cement trademarks have been authored exclusively by DENIZHAN BAYTUG, in respect of which all moral rights are reserved.

MODIFICATION OF THESE TERMS OF USE

EMC Cement reserves the right to change the terms, conditions, and notices under which the EMC Cement Sites/Services are offered, including but not limited to the charges associated with the use of the EMC Cement Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the EMC Cement Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You may not modify, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the EMC Cement Sites/Services. Without the advance express written permission of EMC Cement, you may not "meta-search" the EMC Cement Sites/Services, send, or cause to be sent, any automated queries of any sort to the EMC Cement Sites/Services, or use the EMC Cement Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any EMC Cement Sites/Services to determine how a web site "ranks" on any EMC Cement Sites/Services.

COOKIES 

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If a particular EMC Cement Web Site, or any product or service offered on any EMC Cement Web Site (each a "EMC Cement Site/Service", and collectively "EMC Cement Sites/Services") requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify EMC Cement immediately of any unauthorized use of your account or any other breach of security. EMC Cement will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by EMC Cement or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

LINKS TO THIRD PARTY SITES

The EMC Cement Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of EMC Cement and EMC Cement is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EMC Cement is not responsible for webcasting or any other form of transmission received from any Linked Site nor is EMC Cement responsible if the Linked Site is not working appropriately. EMC Cement is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EMC Cement of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the EMC Cement Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. EMC Cement shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the EMC Cement Sites/Services, you will not use the EMC Cement Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EMC Cement Sites/Services in any manner that could damage, disable, overburden, or impair any EMC Cement Site/Service(s) (or the network(s) connected to any EMC Cement Site/Service(s)) or interfere with any other party's use and enjoyment of any EMC Cement Site/Service(s). You may not attempt to gain unauthorized access to any EMC Cement Site/Service, other accounts, computer systems or networks connected to any EMC Cement Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the EMC Cement Sites/Services.

USE OF SERVICES

The EMC Cement Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the EMC Cement Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an EMC Cement Site/Service(s) or other user or usage information or any portion thereof.

EMC Cement has no obligation to monitor any or all of such Communication Services, to the extent provided. However, EMC Cement reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. EMC Cement reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

EMC Cement reserves the right at all times to disclose any information as EMC Cement deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EMC Cement's sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EMC CEMENT SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE EMC CEMENT SITES/SERVICES AND TO THE INFORMATION THEREIN. EMC CEMENT MAY (ITSELF OR THROUGH OTHERS) MAKE IMPROVEMENTS AND/OR CHANGES TO THE EMC CEMENT SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE EMC CEMENT SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PROFESSIONAL  LEGAL OR FINANCIAL DECISIONS.

EMC CEMENT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE EMC CEMENT SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EMC CEMENT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT EMC CEMENT SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A EMC CEMENT SITE/SERVICE. YOU SPECIFICALLY AGREE THAT EMC CEMENT IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EMC CEMENT IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A EMC CEMENT SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL EMC CEMENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EMC CEMENT SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE EMC CEMENT SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EMC CEMENT SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE EMC CEMENT SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EMC CEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EMC CEMENT SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EMC CEMENT SITES/SERVICES.

STORAGE SPACE AND OTHER LIMITATIONS

You agree that EMC Cement may establish limits concerning use of any EMC Cement Service offered on an EMC Cement Web Site. You agree that EMC Cement has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any EMC Cement service may change at any time. You acknowledge that EMC Cement reserves the right to sign out, terminate or delete your accounts for any particular Web site or service within EMC Cement that are "inactive". "Inactive" means that you have not signed in to a particular service for an extended period of time, as determined by EMC Cement, in its sole discretion. The amount of time that EMC Cement currently considers as an "extended" period of time is determined based on the particular EMC Cement Web site or EMC Cement Service within EMC Cement to which it pertains. EMC CEMENT MAKES NO WARRANTY THAT ANY EMC CEMENT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

TERMINATION/ACCESS RESTRICTION

EMC Cement reserves the right, in its sole discretion, to terminate your access to any or all EMC Cement Sites/Services and the related services or any portion thereof at any time, without notice. EMC Cement may also terminate or suspend your access to EMC Cement Site/Service(s) for inactivity, as set forth, above, in "Storage Space and Other Limitations." EMC Cement shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

NO SPAM; DAMAGES

EMC Cement may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay EMC Cement liquidated damages of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay EMC Cement's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of Sweden, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Stockholm, Sweden in all disputes arising out of or relating to the use of the EMC Cement Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EMC Cement as a result of this agreement or use of the EMC Cement Sites/Services. You agree to indemnify and hold EMC Cement, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the EMC Cement Sites/Services. EMC Cement reserves the right to disclose any personal information about you or your use of the EMC Cement Sites/Services, including its contents, without your prior permission if EMC Cement has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of EMC Cement or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. EMC Cement's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EMC Cement's right to comply with court and law enforcement requests or requirements relating to your use of the EMC Cement Sites/Services or information provided to or gathered by EMC Cement with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EMC Cement with respect to the EMC Cement Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EMC Cement with respect to the EMC Cement Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.