SAMUCO TERMS OF USE
The following is the Samuco Terms of Use, which terms and conditions form part of
any Agreement between Samuco and any Customer using Samuco Software. Please
read this Agreement carefully before using the Software or the Samuco website. This
Agreement licences use of the Software by You and contains warranty and liability
disclaimers.
By using the Software and/or the Samuco website You are agreeing to be bound by
the Terms of Use contained in the following licence Agreement. You may not use the
Software or Samuco website unless You agree to these terms and conditions.
1. Definitions
(a) “Agreement” means the licence agreement between Samuco and the Customer.
(b) “Computer Work-station” means a single stand-alone computer not a server.
(c) “Customer” is the person, school, or organisation acquiring the Software and is,
accordingly, the licensee in respect of it.
(d) “Registration key” means the alphanumeric code provided to You upon payment
of the requisite fee for the Software.
(e) “Samuco” (Samuel Colbran) is the owner of the copyright and other rights in the
Software and Related Items and is, accordingly, the licensor of the Software.
(f) “Samuco website” means the website owned by Samuco with the domain name
www.samuco.net and associated sub-domains.
(g) “Software” means Colored Folder Creator Pro, Colored Folder Creator, Colored
Folder Creator Extreme, Protected Screen, iDock, Secret Folders, iWeb Backup,
Desktop Screensaver, Borderslunch, Disk Image Icons, iEncrypt, iSchedule, iTube,
Dock Menus, iDocks, iPet, MouseWizard, SamucoPDF, Skylight, or iWallpaper and includes updates to the
Software.
(h) “User submission” means content submitted by users to the Samuco website.
2. Your acceptance
By using and /or visiting this website (collectively, including all functionality and
content available through the samuco.net domain name, or any sub-domains, the
“Samuco website”, You signify Your acceptance of these terms and conditions.
Should You not agree to these terms and conditions, please do not use the Samuco
website. Samuco may attempt to notify You of major changes to these Terms of Use,
but You should periodically review the most current version available on the Samuco
website.
Samuco may, in its sole discretion, revise or modify these Terms of Use and
associated policies, if any, at any time, and You agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits.
These Terms of Use apply to al users of the Samuco website, including users who
contribute visual images, information, and other materials or services on the website.
3. Registration keys
To access some features of the website, You will need to have a valid Registration
key. You may never use another’s Registration key without permission. When
obtaining a Registration key, You must provide accurate and complete information,
and pay the applicable fee. You are solely responsible for all activity that occurs on
Your account, and You must keep Your Registration key secure. You must notify
Samuco immediately of any breach of security or unauthorized use of Your
Registration key. While Samuco will not be liable for Your loses caused by any
unauthorized use of Your account, You may be liable for the losses of Samuco or
others due to such unauthorized use.
4. Permissions and Restrictions on Use of the Samuco website
Samuco grants You permission to access and use the Samuco website consistent with
the Terms of Use, provided that:
(a) You agree not to distribute in any medium any part of the Website, including but
not limited to User Submissions, without Samuco’s prior written authorization.
(b) You agree not to alter or modify any part of the Website.
(c) You agree not to access User Submissions or Samuco content through any
technology or means other than by the means provided by the Website itself, or other
explicitly authorized means Samuco may designate.
(d) You agree not to use the Samuco website for any commercial use, without the
prior written authorization of Samuco. Prohibited commercial uses include any of the
following actions taken without Samuco’s express approval:
(i) sale of access to the Samuco website or its related services on another website;
(ii) use of the Samuco website or its related services for the primary purpose of
gaining advertising or subscription revenue;
(iii) the sale of advertising, on the Samuco website or any third-party website,
targeted to the content of specific User submissions or Samuco content; and
(iv) any use of the Samuco website or its related services that Samuco finds, in its
sole discretion, to use Samuco’s resources or User submissions with the effect
of competing with or displacing the market for Samuco Software content, or
its User submissions.
(e) You agree not to use or launch any automated system, including without
limitation, "robots," "spiders," or "offline readers," that accesses the Samuco website
in a manner that sends more request messages to the Samuco servers in a given period
of time than a human can reasonably produce in the same period by using a
conventional on-line web browser. Notwithstanding the foregoing, Samuco grants the
operators of public search engines permission to use spiders to copy materials from
the site for the sole purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives of such
materials. Samuco reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Samuco website, nor to use the
communication systems provided by the Samuco website (e.g. comments, email) for
any commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User submissions.
(f) In Your use of the Samuco website, You will otherwise comply with the terms and
conditions of these Terms of Use, Samuco Policies (if any), and all applicable local,
national, and international laws and regulations.
(g) Samuco reserves the right to discontinue any aspect of the Samuco website at any
time.
5. Your use of content on the Samuco website
(a) The content on the Samuo Website, except all User submissions, including
without limitation, the text, software, scripts, graphics, photos, sounds, music, videos,
interactive features and the like ("Content") and the trademarks, service marks and
logos contained therein ("Marks"), are owned by or licensed to Samuco, subject to
copyright and other intellectual property rights under the law. Content on the Samuco
website is provided to You AS IS for Your information and personal use only and
may not be downloaded, copied, reproduced, distributed, transmitted, broadcast,
displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. Samuco reserves all rights
not expressly granted in and to the Samuco website and the Content.
(b) You may access User submissions solely, for Your information and personal use,
and as intended through the normal functionality of the Samuco website.
(c) User Comments are made available to You for Your information and personal use
solely as intended through the normal functionality of the Samuco wesbite. User
Comments are made available "as is", and may not be used, copied, reproduced,
distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or
otherwise exploited in any manner not intended by the normal functionality of the
Samuco website or otherwise as prohibited under this Agreement.
(d) You may access Samuco Content, User submissions and other content only as
permitted under this Agreement. Samuco reserves all rights not expressly granted in
and to the Samuco Content.
(e) You agree to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted herein, including any use, copying, or distribution of
User Submissions of third parties obtained through the Samuco website for any
commercial purposes.
(f) You agree not to circumvent, disable or otherwise interfere with security-related
features of the Samuco website or features that prevent or restrict use or copying of
any Content or enforce limitations on use of the Samuco website or the Content
therein.
(g) You understand that when using the Samuco website, You will be exposed to User
Submissions from a variety of sources, and that Samuco is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to such User
Submissions. You further understand and acknowledge that You may be exposed to
User Submissions that are inaccurate, offensive, indecent, or objectionable, and You
agree to waive, and hereby do waive, any legal or equitable rights or remedies You
have or may have against Samuco with respect thereto, and agree to indemnify and
hold Samuo, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to Your use of the site.
6. Your User submissions and conduct
(i) As a Samuco Registration key holder You may submit visual content ("User
Images") and textual content ("User Comments"). User Images and User Comments
are collectively referred to as "User submissions." You understand that whether or not
such User submissions are published, Samuco does not guarantee any confidentiality
with respect to any User Submissions.
(ii) You shall be solely responsible for Your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
You affirm, represent, and/or warrant that: You own or have the necessary licenses,
rights, consents, and permissions to use and authorize Samuco to use all patent,
trademark, trade secret, copyright or other proprietary rights in and to any and all
User submissions to enable inclusion and use of the User submissions in the manner
contemplated by the Website and these Terms of Use.
(iii) For clarity, You retain all of Your ownership rights in Your User submissions.
However, by submitting User submissions to Samuco, You grant Samuco a
worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to
use, reproduce, distribute, prepare derivative works of, display, and perform the User
submissions in connection with the Samuco website and Samuco’s (and its
successors' and affiliates') business, including without limitation for promoting and
redistributing part or all of the Samuco website (and derivative works thereof) in any
media formats and through any media channels. You also hereby grant each user of
the Samuco website a non-exclusive license to access Your User submissions through
the Samuco website, and to use, reproduce, distribute, display and perform such User
submissions as permitted through the functionality of the Samuco website and under
these Terms of Use. The above licenses granted by You in User Images terminate
within a commercially reasonable time after You remove or delete Your User Images
from the Samuco website. You understand and agree, however, that Samuco may
retain, but not display, distribute, or perform, server copies of User submissions that
have been removed or deleted. The above licenses granted by You in User Comments
are perpetual and irrevocable.
(iv) In connection with User submissions, You further agree that You will not submit
material that is copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless You are the
owner of such rights or have permission from their rightful owner to post the material
and to grant Samuco all of the license rights granted herein.
(v) You further agree that You will not, in connection with User submissions, submit
material that is contrary to Samuco policy (if any), which may be updated from time
to time, or contrary to applicable local, national, and international laws and
regulations.
(vi) Samuco does not endorse any User submission or any opinion, recommendation,
or advice expressed therein, and Samuco expressly disclaims any and all liability in
connection with User submissions. Samuco does not permit copyright infringing
activities and infringement of intellectual property rights on its website, and Samuco
will remove all Content and User submissions if properly notified that such Content
or User submission infringes on another's intellectual property rights. Samuco
reserves the right to remove Content and User submissions without prior notice.
7. Account Termination
(1) Samuco will terminate a User's access to its Website if, under appropriate
circumstances, they are determined to be a repeat infringer.
(2) Samuco reserves the right to decide whether Content or a User submission is
appropriate and complies with these Terms of Use. Samuco may remove User
submissions that amount to an infringement of copyright or contain pornography,
obscene or defamatory material, or are of excessive length. Samuco may terminate a
User's access for uploading such material in violation of these Terms of Use at any
time, without prior notice and at its sole discretion.
8. Licence
This Agreement allows the Customer to: (a) Use the Software on the Customer’s
computer system; and (b) Make one backup copy of the Software, provided that the
Customer reproduces on any such copy all copyright notices and readme files, if any,
that are contained within the Software. The backup copy is governed by the terms of
this Agreement and is not permitted to be re-copied.
The Customer agrees not to use the Software in a manner contrary to any agreement
the Customer has with any other third party and agrees to Samuco for any liability for
breach of this condition.
9. Ownership and assignment
(i) Samuco expressly reserves all copyright and any other intellectual property rights
in and the Software and only grants the Customer a licence to use the Software as
provided in this Agreement. The Software remains the property of Samuco all times
and may not be sold or transferred to third parties.
(ii) These Terms of Use, and any rights and licenses granted, may not be transferred
or assigned by You, but may be assigned by Samuco without restriction.
10. Termination
This Agreement terminates on: (a) the Customer destroying or deleting the Software;
or (b) the Customer breaching any terms of this Agreement.
11. Limited warranties
(i) Should the Software prove defective in materials or workmanship within three
months of purchase, Samuco will replace the Software free of charge, except where
the defect is a result of abuse, misuse or accident. Save to the extent permitted by law:
(a) Samuco does not warrant that the Software will meet Your requirements or that the
operations of the Software itself or in conjunction with other software will be
uninterrupted or error free; (b) The Customer is entirely responsible for determining
the suitability of the Software for their purposes and for the use they make of the
Software. (c) Samuco disclaims all other warranties, either express or implied,
including warranties of merchantability, fitness for purpose for a particular purpose
and non-infringement of third party rights. If any such warranties are implied by law,
such warranties are limited in duration to three months from the date of delivery; and
(d) No oral or written information or advice given by Samuco, its dealers, distributors,
agents or employees shall create or extend existing warranties, and the Customer must
not rely on any such information or advice unless in writing and signed by an
authorised representative of Samuco.
(ii) YOU AGREE THAT YOUR USE OF THE SAMUCO WEBSITE SHALL BE
AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
SAMUCO IT’S EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SAMUCO WEBSITE
AND YOUR USE THEREOF. SAMUCO MAKES NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS
SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, BOTS, SPIDERS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SAMUCO WEBSITE. SAMUCO
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SAMUCO WEBSITE OR ANY
HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND SAMUCO WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. Restrictions
In no circumstances may the Customer transfer, assign, rent, lease, sell, charge,
exchange, adapt (otherwise than in the course of normal use), decompile, disassemble,
create a derivative product or otherwise deal the Software except pursuant to this
Agreement or with the permission of Samuco. Subject to this Agreement, the
Customer will not otherwise than pursuant to the Copyright Act 1968 as amended:
Copyright Act 1968 as amended: Copyright Act 1968 (a) make a hard, electronic or
other copy of the Software; (b) supply or distribute the Software to a third party or
parties for reward or otherwise; (c) transfer the Software to another computer,
network, the internet, an intranet or otherwise; or (d) access the Software by means
other than a single user system.
13. Limitation of liability
(i) The Software is provided to You “AS IS” without warranty of any kind, either
express or implied. Samuco shall not be liable for any damage to property, loss of
income, loss of revenue, trade, business, information or profits including any direct,
indirect, incidental or consequential loss from the installation or use of the Software,
whether based on breach of contract, tort (including negligence), product liability or
otherwise.
(ii) IN NO EVENT SHALL SAMUCO, ITS EMPLOYEES, OR AGENTS, BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, BOTS, SPIDERS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH
MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SAMUCO WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT SAMUCO IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS,
WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR
OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE
TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR
OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW)
APPLY TO THIS AGREEMENT. AT THE OPTION OF SAMUCO, OUR
LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS
LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH
RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE
SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III)
THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF
ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING
THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I)
THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE
COST OF HAVING THE SERVICES SUPPLIED AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT SAMUCO SHALL NOT BE
LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF
HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Samuco website is controlled and offered by Samuco via facilities in the United
States of America. Samuco makes no representations that the Samuco website is
appropriate or available for use in locations outside Queensland, Australia. Those who
access or use the Samuco website from other jurisdictions do so at their own volition
and are responsible for compliance with local law.
14. Indemnity
You agree to defend, indemnify and hold harmless Samuco, it’s employees and
agents, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(i) Your use of and access to the Samuco website; (ii) Your violation of any term of
these Terms of Use; (iii) Your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any claim that one of Your
User submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Use and Your use of the Samuco website.
15. Persons under a disability
You affirm that You are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able and competent to
enter into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Use, and to abide by and comply with these
Terms of Use.
16. Choice of law and severability
This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Queensland, Australia. The Samuco wesbite, shall be deemed to be based
in Queensland, Australia. The Samuco website shall be deemed a passive website
that does not give rise to personal jurisdiction over Samuco, either specific or general,
in jurisdictions other than Queensland. These Terms of Use shall be governed by the
internal substantive laws of the State of Queensland, without respect to its conflict of
laws principles. Any claim or dispute between You and Samuco that arises in whole
or in part from the Samuco website shall be decided exclusively by a court of
competent jurisdiction located in Brisbane, Queensland.
This Agreement contains the final, complete and exclusive agreement between
Samuco and the Customer and supersedes all prior or contemporaneous agreements,
whether oral or written.
If any provision, of these Terms of Use, is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms of Use, which shall remain in full force and
effect. No waiver of any term of this these Terms of Use shall be deemed a further or
continuing waiver of such term or any other term, and Samuco’s failure to assert any
right or provision under these Terms of use shall not constitute a waiver of such right
or provision. Samuco reserves the right to amend these Terms of Use at any time and
without notice, and it is Your responsibility to review these Terms of Use for any
changes. Your use of the Samuco website following any amendment of these Terms
of Use will signify Your assent to and acceptance of its revised terms.
YOU AND SAMUCO AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SAMUCO WEBSITE MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Inquiries
All questions concerning this Agreement shall be directed to contact@samuco.net.