PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THЕ OMNIPLAN WEBSITE OR ANY SERVICES FROM OMNIPLAN. BY ACCESSING THE OMNIPLAN WEBSITE(S) OR USING ANY SERVICES FROM OMNIPLAN, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE OMNIPLAN WEBSITE(S) OR ANY SERVICES FROM OMNIPLAN.
By using services made available by OMNIPLAN, or accessing on this website, or any other forum, discussion group, chat area, bulletin board, news group, wiki/help area, feedback, letter to OMNIPLAN, its webmaster or employees, e-mail function or other interactive functionality offered as part of any website. acknowledge that you have read, understood, and agreed to be legally bound by these Terms of Use, all applicable laws and regulations, as well as any additional and complimentary terms and conditions which might apply by reference, logic or operation of law, and agree that you are responsible for compliance with any applicable domestic laws. Your use of OMNIPLAN website(s) and services is subject to those additional terms and conditions provided by OMNIPLAN and, subject to OMNIPLAN ‘s sole discretion, applicable to certain information, products, and services offerings available through any OMNIPLAN website(s) or offline. Such additional terms and conditions include, but are not limited to, EULA or other license agreements, supplementary user agreements, and the Privacy Policy, Privacy Notice and consent for linking (collectively, “additional terms”). The additional terms are hereby incorporated by reference into these OMNIPLAN website(s) (if there is any conflict between the additional terms and these Terms of Use, the additional terms shall prevail with respect to the subject matter of such additional terms).
“You” or “your” means you personally (i.e., the individual who reads and agrees to be bound by these Terms of Use), and, if you access this website on behalf of any kind of legal entity (including, but not limited to, a corporation, partnership, LLC, LLP, foundation, cooperation, etc), collectively, you and such legal entity on whose behalf you access the OMNIPLAN website(s).
You may be required to register an account with OMNIPLAN in order to access certain areas of the OMNIPLAN website(s) or services. With respect to any such registration, OMNIPLAN may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that OMNIPLAN rejects for any other reason in OMNIPLAN’s sole discretion.
Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the OMNIPLAN website(s) and services, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the OMNIPLAN website(s) and services, to any third party. You are fully responsible for all interaction with the OMNIPLAN website(s) and services that occurs in connection with your password or user name. You agree to notify OMNIPLAN immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the OMNIPLAN website(s) and services, and to ensure that you “log off” (exit from your account with the OMNIPLAN website(s) and services (if applicable)) at the end of each session. OMNIPLAN is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Purchase of Products and Third-Party Sites
If you wish to purchase our products and services, for your convenience, we may provide links on the OMNIPLAN website(s) to a web store where you can make such purchases. Please be aware that the web store may be hosted on the OMNIPLAN website(s) or on a sub-domain of the OMNIPLAN website(s), but is operated by a third party, and is governed by such third party’s website terms and conditions, not by these Terms of Use and for which OMNIPLAN is in no way responsible or liable. We encourage you to read the terms and conditions of the web store prior to making any purchases. These Terms of Use do not govern, and we are not responsible or liable for, your interaction with such web store.
Links in this site may let you leave OMNIPLAN website(s). The linked sites are not under the control of OMNIPLAN and OMNIPLAN 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. We have not reviewed all of the websites linked to our website and we are not responsible for the content of any such linked site or for content received from third parties, and for webcasting or any other form of transmission received from any linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the user’s own risk. OMNIPLAN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OMNIPLAN of any linked sites. You agree that your use of third party websites and resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
Trademarks
The materials, information and content contained in the OMNIPLAN website(s), including Programs, are and shall remain the property of OMNIPLAN, its subsidiaries, affiliates, licensors and/or suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. All trademarks are property of their respective owners. You are prohibited from using any trademarks appearing on the website without the prior consent of the rights holder. You are also prohibited from removing any copyright, trademark or other proprietary rights notice from the website or content, software and other materials originating from the website.
Programs
Any programs, applications, and software that is made available to download by or through OMNIPLAN website(s) (“Programs”) is the copyrighted work of OMNIPLAN, its suppliers and/or its licensors. Use of the Programs may be governed by the terms of the end user license agreement or other agreement applicable to the Programs (each, a “License Agreement”). You may not install any Programs that is accompanied by or includes a License Agreement unless you have agreed to the applicable License Agreement terms.
The Programs are made available for downloading solely for use by end users in accordance with the License Agreement and/or these Terms of Use. Except to the extent expressly permitted in any applicable License Agreement, or expressly authorized under applicable law overriding any of the following restrictions, you agree that you will not sell, lease, lend, convey, transmit, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or attempt to derive source code from the Software.
Any reproduction, redistribution or other use or exploitation of the Programs not in accordance with the License Agreement and/or these Terms of Use is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent permitted under law and equity.
Without limiting the foregoing, copying or reproduction of the Programs to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by any License Agreement accompanying such Programs.
Code of Conduct
А. You agree that you will not: use the OMNIPLAN services and/or website for any fraudulent or unlawful purpose; interfere with or disrupt the operation of the website or the servers or networks used to make the website available; or violate any requirements, procedures, policies or regulations of such networks; restrict or inhibit any other person from using the services and/or website (including by hacking or defacing any portion of the website).
Voluntary Participation in Forums. “Forum”means a discussion group, chat area, bulletin board, news group, wiki/help area, feedback, letter to OMNIPLAN, its webmaster or employees, e-mail function or other interactive functionality offered as part of thisOMNIPLAN website(s) and services.
Information on OMNIPLAN’s Forums may be provided by OMNIPLAN and by third party users of the OMNIPLAN website(s) and services. Please note that OMNIPLAN website(s) and services users may post messages or make statements in the Forums that are inaccurate, misleading or deceptive. OMNIPLAN, its affiliates and their respective employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or licensees (“OMNIPLAN related parties”) neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, OMNIPLAN and/or OMNIPLAN related parties are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will OMNIPLAN and/or OMNIPLAN related parties, be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of OMNIPLAN and/or OMNIPLAN related parties.
In addition, OMNIPLAN and/or OMNIPLAN related parties have no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Forum or any other part of the Site. if you choose to make any of your personally identifiable or other information publicly available in a forum or otherwise on the OMNIPLAN website(s) and services, you do so at your own risk.
- License. By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to OMNIPLAN (each, a “Submission”), you acknowledge that such Submission is non-confidential and automatically grant (or warrant that the owner of such rights has expressly granted) to OMNIPLAN a perpetual, royalty-free, fully paid-up, irrevocable, nonexclusive, sublicenseable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, perform and display (whether publicly or otherwise), transmit and distribute such Submission in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the OMNIPLAN website(s) and services, comply with all applicable laws, rules and regulations.
- Monitoring. You acknowledge and agree that OMNIPLAN reserves the right (but has no obligation) to do one or more of the following inOMNIPLAN’s discretion, without notice or attribution to you: (i) monitor Submissions as well as access to the OMNIPLAN website(s) and services; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the OMNIPLAN website(s) and services; to protect OMNIPLAN and/or OMNIPLAN related parties, and the OMNIPLAN website(s)’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms of Use; or for any other reason or purpose. OMNIPLAN disclaims any responsibility for content submitted by users on or through any area of the OMNIPLAN website(s) and services.
Charges for Use
You will not be charged for your use of the OMNIPLAN website(s) and services (unless otherwise clearly stated), although you should be aware that charges for internet and related appliances and services use may apply at rates determined by your provider. OMNIPLAN reserves the right to change the products, services, prices, and programs mentioned on any OMNIPLAN website(s), at any time, at its sole discretion. Generally, paid OMNIPLAN services are charged within the range of EUR 80 – 150 per hour. Whenever you benefit from OMNIPLAN services as an EULA product user, your use of OMNIPLAN services is typically without additional payment but it may not exceed 10 hours per license per calendar month.
Legal Capacity and Restrictions
If you are using the OMNIPLAN website(s) and services on behalf of a legal entity, you represent that you are authorized to accept these Terms of Use on behalf of such legal entity. Further, you acknowledge that you are 14 years of age or older, and, if under the age of 18, are using the OMNIPLAN website(s) and services under the active supervision of a parent, legal guardian, or other responsible adult. Individuals who are under the age of majority in their jurisdiction are not allowed to use the OMNIPLAN website(s) and services or transmit or otherwise submit personally identifiable information to OMNIPLAN.
You agree to require each of your employees to be bound by the terms and conditions of these Terms of Use and you agree to remain responsible and liable for all acts and omissions of your employees in connection with the OMNIPLAN website(s) and services, including any breaches of these Terms of Use. All references to your access and/or use of the OMNIPLAN website(s) and services herein include access and/or use of the OMNIPLAN website(s) and services by your employees. You agree that each of your employees is responsible for maintaining the confidentiality of any password that such employee may use to access the OMNIPLAN website(s) or services, and you agree not to let any employee transfer a password or user name, or lend or otherwise transfer use of or access to the OMNIPLAN website(s) or services, to other employees or any third party. If an employee leaves your employ, or if you wish to disable an employee’s access to the OMNIPLAN website(s) and services, you are responsible for any such changes. You are fully responsible for all interaction with the OMNIPLAN website(s) and services that occurs in connection with passwords or user names associated with your employees (including any former employees).
The OMNIPLAN website(s) and services are controlled and operated by OMNIPLAN from the Republic of Bulgaria, and, except as expressly set forth herein, is not intended to subject OMNIPLAN to the laws or jurisdiction of any other state, country or territory other than that of the Republic of Bulgaria. OMNIPLAN does not represent or warrant that the OMNIPLAN website(s) or services, or any part thereof, is appropriate or available for use in any particular jurisdiction other than the Republic of Bulgaria. In choosing to access the OMNIPLAN website(s) or services, you do so on your own initiative and at your own risk, and are responsible for complying with all local laws, rules and regulations. Having in mind that OMNIPLAN is an international group with strong presence in the USA, you might also be subject to U.S. export controls and be responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. OMNIPLAN may limit the OMNIPLAN website(s) or services’s availability, in whole or in part, to any person, geographic area or jurisdiction OMNIPLAN chooses, at any time and in OMNIPLAN’s sole discretion.
Disclaimer
The services and the materials on OMNIPLAN website(s) are provided “as is”. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services or materials on OMNIPLAN website(s) or otherwise relating to such materials or on any websites linked to OMNIPLAN website(s). The materials appearing on OMNIPLAN website(s) could include technical, typographical, or photographic errors. We do not warrant that any of the materials on OMNIPLAN website(s) are accurate, complete, or current. We may make changes to the materials contained on OMNIPLAN website(s) at any time without notice. We do not, however, make any commitment to update the materials.
Limitation of Liability
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the OMNIPLAN website(s) and services, or any materials on our website(s), even if notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Your sole and exclusive remedy for dissatisfaction with the OMNIPLAN website(s) and services is to stop using them. The maximum liability of OMNIPLAN for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount, if any, paid by you to OMNIPLAN to access and use the OMNIPLAN website(s) and services.
Terms of Use Changes and Your Liability
We may revise these Terms of Use for our website at any time without notice or by providing you with notice of such change by posting the revised draft of the Terms of Use on the OMNIPLAN website(s) or by other reasonable means selected by us. By using this website you agree to be bound by the then- current version of these Terms of Use. You can determine when these Terms of Use were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms of Use. Your continued use of the OMNIPLAN website(s) and services after such changes will indicate your acceptance of such changes.
OMNIPLAN further reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use. Any rights not expressly granted herein are reserved by OMNIPLAN.
Governing Law and Disputes
These Terms of Use and any claim relating to our services and website shall be governed by the laws of Bulgaria and any claims shall be submitted for final resolution to the competent courts of Bulgaria.
