TERMS OF USE

1. ACCEPTANCE OF TERMS

1. By using and/or visiting this website (collectively, including all content and functionality available through the BounceIt website domain name, the “BounceIt Website”), you signify your agreement to these terms and conditions. If you do not agree to any of these terms please do not use the BounceIt Website.
2. Cognium Systems SA reserves the right to update the terms at any time without notice to User. The most current version of the Terms of Use can be reviewed by clicking on the "Terms" hypertext link located at the bottom of our Web pages.

2. CHANGED TERMS

1. Cognium Systems shall have the right at any time to change or modify the terms and conditions applicable to User’s use of BounceIt website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on BounceIt website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of BounceIt website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. DESCRIPTION OF SERVICES

1. These Terms of Service apply to all users of the BounceIt Website, including users who are also contributors of content, information, and other materials or services on the Website.
2. The BounceIt Website may contain links to third party websites that are not owned or controlled by BounceIt. BounceIt has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BounceIt will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BounceIt from any and all liability arising from your use of any third-party website.

4. EQUIPMENT

1. User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of BounceIt website and all charges related thereto.

5. USE OF SERVICES

1. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees 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, User agrees that when using the Communication Services, User will not:
2. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
4. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
5. 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 User own or control the rights thereto or have received all necessary consent to do the same.
6. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
7. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
8. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
9. Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
10. Falsify or delete any copyright management information, such as 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.
11. Restrict or inhibit any other user from using and enjoying the Communication Services.
12. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
13. Harvest or otherwise collect information about others, including email addresses.
14. Violate any applicable laws or regulations.
15. Create a false identity for the purpose of misleading others.
16. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

6. MEMBER ACCOUNT, PASSWORD, AND SECURITY

1. If any of the Services requires User to open an account, User must complete the registration process by providing Cognium Systems with current, complete and accurate information as prompted by the applicable registration form.
2. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Cognium Systems immediately of any unauthorized use of User’s account or any other breach of security. Cognium Systems will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Cognium Systems or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.

7. USER SUBMISSIONS AND CONDUCT

1. As a BounceIt account holder you may submit content. User content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, BounceIt does not guarantee any confidentiality with respect to any User Submissions.
2. 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 BounceIt 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 Service.
3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to BounceIt, you hereby grant BounceIt a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the BounceIt Website. You also hereby grant each user of the BounceIt Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User content terminate within a commercially reasonable time after you remove or delete your User Content from the BounceIt Website. You understand and agree, however, that BounceIt 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.
4. 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 BounceIt all of the license rights granted herein.
5. BounceIt does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BounceIt expressly disclaims any and all liability in connection with User Submissions. BounceIt does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BounceIt will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. BounceIt reserves the right to remove Content and User Submissions without prior notice.

8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

1. IN NO EVENT SHALL BOUNCEIT, ITS OFFICERS, DIRECTORS, 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, 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 BOUNCEIT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
2. YOU SPECIFICALLY ACKNOWLEDGE THAT BOUNCEIT 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.
3. The Website is controlled and offered by BounceIt from its facilities in France. BounceIt makes no representations that the BounceIt Website is appropriate or available for use in other locations. Those who access or use the BounceIt Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. LINKS TO THIRD PARTY SITES

1. THE LINKS IN THIS AREA WILL LET YOU LEAVE BOUNCEIT WEBSITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COGNIUM SYSTEMS AND COGNIUM SYSTEMS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COGNIUM SYSTEMS IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BOUNCEIT WEBSITE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BOUNCEIT SITE OF THE SITE.
2. BounceIt website is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Cognium Systems has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of BounceIt website, are those of the respective authors or distributors and not of Cognium Systems. Neither Cognium Systems nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
3. In many instances, the content available through BounceIt website represents the opinions and judgments of the respective information provider, User, or other user not under contract with Cognium Systems. Cognium Systems neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BounceIt website by anyone other than authorized Cognium Systems employee spokespersons while acting in their official capacities. Under no circumstances will Cognium Systems be liable for any loss or damage caused by a User’s reliance on information obtained through BounceIt website. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Cognium Systems. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

10. ABILITY TO ACCEPT TERMS OF SERVICE

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 Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the BounceIt Website is not intended for children under 13. If you are under 13 years of age, then please do not use the BounceIt Website.

11. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless Cognium Systems, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Cognium Systems by User or User’s Account.

12. TERMINATION

Either Cognium Systems or User may terminate this Agreement at any time. Without limiting the foregoing, Cognium Systems shall have the right to immediately terminate User’s Account in the event of any conduct by User which Cognium Systems, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

13. MISCELLANEOUS

This Agreement and any operating rules for BounceIt website established by Cognium Systems constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of France, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

14. COPYRIGHT NOTICE

BounceIt website logos are trademarks of Cognium Systems SA. All rights reserved. All other trademarks appearing on BounceIt website are the property of their respective owners.

15. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.