Terms of Use
Introduction
Welcome
to Pamcorder (“the
Site”), owned and operated by Dick H. Schiferli. Please read the following Terms of Use carefully before
using this Site or ordering/downloading any of our products, so that
you are aware of your legal rights and obligations with respect to
Pamela and its affiliates and subsidiaries (individually and
collectively, “Pamela”).
By
using the Site, purchasing software or other products, you signify your
irrevocable acceptance of these Terms of Use. You also agree to ensure
that anyone who uses this software on your computer also abides by the
Terms of Use. Pamela has the right to revise the Terms of Use at any
time without providing notice to its users. Your continued use of the
Site shall be deemed irrevocable acceptance of those revisions.
We
reserve the right to change, modify, suspend or discontinue any portion
of the Site at any time. We may also impose limits on certain features
or restrict your access to parts or the entire Site without notice or
liability.
Use of Pamela Software
Pamela
software, sometimes referred to as (the “Software”) and
accompanying documentation that are made available by download from
this Site or on CD-ROM format are the copyrighted work of Pamela. Use
of the Software is governed by the terms of the end user license
agreement that accompanies or is included with such Software.
Warranties and Disclaimers
Except
as expressly provided otherwise in a written agreement between you and
Pamela, the materials in or purchased through this site are provided
“as is” and without warranties of any kind either express
or implied. To the fullest extent permissible pursuant to applicable
law, Pamela disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability or fitness
for a particular purpose, or the warranty of non-infringement. Without
limiting the foregoing, Pamela does not warrant that the functions
contained in the service or software will be uninterrupted or
error-free, that defects will be corrected, or that this service or the
server that makes it available are free of viruses or other harmful
components. Pamela does not warrant or make any representations
regarding the use or the results of the use of the materials in this
service in terms of their correctness, accuracy, reliability, or
otherwise. You (and not Pamela) assume the entire cost of all necessary
servicing, repair, or correction. Applicable law may not allow the
exclusion of implied warranties, so the above exclusion may not apply
to you. Without limitation of the foregoing, you acknowledge that as a
service to users of the Pamela service and software, we include links
to other web sites on the world wide web portion of the internet and
that Pamela has no control over, and makes no representations of any
kind whatsoever, regarding the content or appropriateness of content on
such web sites and you hereby irrevocably waive any claim against us
with respect to such web sites.
Under no
circumstances, including, but not limited to, negligence, shall Pamela
be liable for any special or consequential damages that result from the
use of, or the inability to use, the materials, the site, or any other
web site, even if Pamela or a Pamela authorized representative has been
advised of the possibility of such damages. Applicable law may not
allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not
apply to you. No advice or information, whether written or oral,
obtained by you from Pamela or from or through the site shall create
any warranty not expressly stated in the terms of use. In no event
shall Pamela’s total liability to you for all damages, losses,
and causes of action (whether in contract, tort (including, but not
limited to, negligence) or otherwise) exceed the amount paid by you, if
any, for purchasing any materials or products.
Term of Use
The
license for use of the Site and the Materials is effective until
terminated. You may terminate it at any time by destroying the
Materials together with all copies thereof. This license will terminate
upon conditions set forth elsewhere within this Terms of Use or if you
fail to comply with any term or condition of this Terms of Use. In such
event, no notice shall be required by Pamela to effect such
termination. Upon termination of this Terms of Use, you agree to
destroy the Materials together with all backup copies, modifications,
printed or written materials, and merged portions in any form, or
return same to Pamela at your expense.
Web Site
Links
Pamela
may provide links to other sites that we feel are relevant and
interesting to our users (“Link Sites”). Pamela is not
responsible for the content on the Link Sites and is not responsible
for the accuracy of the information and intellectual property notices
therein. Some of these Link Sites may provide you with opportunities to
purchase products (“Products”). We do not endorse any of
the Products nor do we make any representations or warranties in
connection with the Products.
Online Behavior
Please
exercise respect when participating in any of Pamela’s community
features such as Forums, Bulletin Boards, Chat Rooms, Email functions,
etc. (“User Materials”). You may not submit or publish
through Pamela any User Materials that are libelous, defamatory,
pornographic, an invasion of privacy, obscene, abusive, illegal,
racist, offensive, an infringement on any intellectual property rights
of a third party or would otherwise violate the rights of any third
party. Furthermore, you may not submit or publish User Materials
through Pamela that solicit funds or services, contain advertising or
include programs that contain viruses or any other programs designed to
impair the functionality of any computer.
Please
remember that we do not monitor the contents of these community
features and cannot be held responsible for the User Materials.
Therefore, we apologize in advance for any offensive or otherwise
displeasing User Materials.
Notwithstanding
any rights or obligations governed by the Additional Terms, if, at any
time you upload or post User Materials, including but not limited to
comments, suggestions, problem reports, bug reports and design ideas to
the Site you automatically grant Pamela a non-exclusive, royalty-free,
perpetual license of all rights throughout the universe to use, edit,
modify, include, incorporate, adapt, record and reproduce the User
Materials including, without limitation, all trademarks associated
therewith, in any manner whatsoever, in or out-of-context, in all
languages, in all media now known and hereafter devised, and to use the
User Materials in advertising, promotion and publicity for the Site,
Pamela and its or their products and services, in any and all media now
known or hereafter devised. In addition, you represent and warrant that
you are entitled to enter into these Terms of Use and that you waive
any so-called “moral rights” in and to the User Materials.
Submissions
Certain
parts of the Site may ask for written suggestions or problem reports
such as using our contact form or problem report form
(“Submissions”). In such a case, please read carefully the
specific terms, which govern those Submissions (“Additional
Terms”). In the absence of Additional Terms, the Pamela Terms of
Use shall govern your legal rights with respect to those Submissions.
The
Submissions shall be deemed the property of Pamela. Pamela shall
exclusively own all now known or hereafter existing rights to the
Submissions throughout the universe in perpetuity and shall be entitled
to use the Submissions for any purpose whatsoever, commercial or
otherwise, without compensation to the provider of the Submissions. In
any event, any Submissions you send to Pamela will not be treated as
confidential and Pamela shall not be liable for any disclosure of the
Submissions.
Administrative Information
Jurisdictional Issues
This
Site is controlled and operated by Dick H. Schiferli. Dick H. Schiferli
makes no representation that materials in the Site are appropriate or
available for use in your location. Those who choose to access this
Site from any location do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. We explicitly are not responsible for content on websites that we link to and these links are provided for informational puposes and are to be user at your own risk. We do not carry any reponsibility for content posted by registered or non-registered users on the forum.
Indemnity
You
agree to indemnify and hold Pamela, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of content you
submit, post to or transmit through the Site, your use of the Site,
your connection to the Site, your violation of the Terms of Use, or
your violation of any rights of another person or entity.
Governing Law
By
accessing this Site, you and Pamela agree that all matters relating to
your access to, or use of, this Site shall be governed by and construed
in accordance with the laws of Germany, without giving effect to any
principles of conflicts of law.
Trademarks
The
trademarks, logos and service marks (“Marks”) displayed on
this Site are the property of Pamela-Systems or other third parties. You are
not permitted to use the Marks without the prior written consent of
Pamela or such third party, which may own the Marks. Pamela for Skype, the Pamela
logo and "Pamela for Skype, your own
personal digital assistant for Skype" are trademarks of Pamela-Systems.
Pamcorder is not affiliated, connected or associated with Skype Technologies S.A.
If
you have any questions or concerns about this Terms of Use or any
issues raised in this Terms of Use or on the Site, please contact us via the contact form.
Last revised: July 23, 2007
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