Bohemia Interactive Simulations Website Terms of Use

Welcome to the Bohemia Interactive Simulations website (the “Site”) which is owned and operated by Bohemia Interactive Simulations k.s. (“BISim”) on behalf of the Bohemia Interactive Simulations group of companies. It is important that you read and understand the following terms and conditions of use (“Terms of Use”). By continuing to use and access the Site, you are deemed to have accepted the Terms of Use, as may be amended from time to time. BI Sim reserves the right to effect changes to these Terms of Use by posting the amended Terms of Use on the Site without further notice whereupon they will take immediate effect. If you do not agree with these Terms of Use, do not use or access the Site.

Intellectual Property

1. Any material made available on the Site (the “Content”) (including but not limited to all data, information, text, images, audio and/or video material and graphics) is protected by copyright and other intellectual property rights which are owned exclusively by BI Sim or its affiliates or licensors.  Unless it is with the prior express written authorisation of BI Sim, you must not:
   
   • modify, copy, reproduce, publish, re-post, transmit or distribute such Content in any way; or
   • frame, upload, post or incorporate such Content into any other website.
2. You are hereby authorised to view the website strictly for your personal, non-commercial use and reference by incidentally downloading a temporary copy of the web pages of the Site into your web browser’s cache.
3. “Bohemia Interactive”, “VBS”, “VBS2 Fusion” and “VBS2Fires” are trade marks of BI Sim’s affiliates or licensors and are used by BI Sim under licence.  All other trade marks, service marks and logos displayed on the Site are the property of their respective owners.  The use or reproduction of any of the names, trademarks, images or logos identifying BI Sim, or BI Sim’s suppliers, licensors, partners or any third parties, is strictly prohibited unless prior written permission is obtained from BI Sim or the relevant third party rights owner.  Nothing contained in this Site is to be construed as granting a licence to use or reproduce any of the names, trademarks, images or logos displayed on the Site without such prior express permission.
   

    

   User Content

    

   The Site may invite you to participate in wikis, online forums and other interactive services and may provide you with the opportunity, to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to BI Sim and/or to or via the Site, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information (collectively, “User Content”).

4. By transmitting or uploading User Content to BI Sim, you grant BI Sim a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of the User Content; to make, have made, offer to sell, sell, lease, or otherwise distribute any Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
5. You further represent and warrant to BI Sim that you have the right, title, and/or authority to grant such license to BI Sim. BI Sim may elect not to post or publish the Content that you send or upload. If BI Sim elects to post or publish the Content, BI Sim may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.
6. As a user of the Site, you agree that your User Content, and your conduct on the Site will not:
   
   • include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
   • defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
   • promote violence;
   • violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity;
   • include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
   • reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
   • attempt to or impersonate any other party;
   • trick, defraud, deceive or mislead other users;
   • raise money for anyone or advertise or promote a product, service, pyramid scheme or other multi-tiered marketing scheme;
   • disparage, tarnish, or otherwise harm, in BI Sim’s opinion, BI Sim.
   • violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by BI Sim on the Site;
   • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
   • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
   • use or launch any automated system, including without limitation, any spider, robot (or “bot”), scraper or offline reader that accesses the Site or use or launch any unauthorized script;
   • disguise or mislead as to the source(s) of your User Content or other information you submit to the Site; and/or
   • interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site.

    

   Right to Link this Site

    

7. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of http://products.bisimulations.com/ so long as the link does not portray BI Sim, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter as deemed by BI Sim. You may not use any BI Sim logo or other proprietary graphic or trademark as part of the link without express written permission.
   

    

   Third Party Links and Content

    

8. The Site, or communications you receive from the Site, may link to third party Sites or provide third party content that we do not control, maintain or endorse. You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party. <
   

    

   Liability

    

9. Except for those required or implied by legislation and which cannot be excluded, BI Sim gives no express warranty in relation to your access and use of the Site.  Your access and use of the Site is at your own risk.   All Content on the Site is provided “as is”, without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.  BI Sim does not warrant or make any representations of any kind with respect to the Content or any other feature or function of the Site, including without limitation:
   
   • that your access to the Site will be uninterrupted or error-free;
   • that any defects will be corrected; and/or
   • that the Site or the server which transmits Content to you is free of any viruses or other harmful components.
10. While we have made every effort to ensure that information is free from error, BI Sim does not warrant the accuracy, adequacy or completeness of any Content on this web site. All information is subject to change without notice.
11. Except to the extent the law provides that liability is not able to be excluded, in no event will BI Sim or its affiliates or licensors and their respective employees, officers, successors and assigns be liable for any incidental, indirect, special, consequential or punitive damages, or for any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of profits, business interruption, loss of data suffered, loss of business information, loss of privacy, cost of procurement of substitute goods or services, failure to meet any duty and negligence) which may be suffered or incurred or which may arise directly or indirectly from your access and use of the Site.
12. BI Sim reserves the right to amend, terminate, suspend, cancel or discontinue any aspect, function or feature of this Site at any time, without notice or liability.
    

     

    General

     

13. Any provision of these Terms of Use which is prohibited, unenforceable or invalid in whole or in part is only ineffective to the extent of the prohibition, unenforceability or invalidity and this does not affect the remaining part of that provision or the other provisions of these Terms, which will continue in full force and effect.
14. BISim reserves the right in its sole discretion at any time not to grant you an access to the customer portal (or any other portal) or restrict or revoke such access.