Terms of Use
Please take a few minutes to read the terms and conditions for use of our website www.PHPJabbers.com.
By using this website you confirm that you understand and accept the below listed Terms of Use.
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acceptance of the terms
These Terms and Conditions of Use (herein referred to as "Terms") apply to the use of our website (herein referred to as "Site") located at www.phpjabbers.com or phpjabbers.com and the services offered through it. The Site is property of StivaSoft Ltd.
The terms and conditions below govern the relationship between StivaSoft Ltd. (also referred to as "StivaSoft" or "we","us" and "our" ) and you (also referred to as "User" or "You"). By accessing and using any part of the Site, you agree to be bound and abide by the terms and conditions in this section. If you do not agree to all or part of the Terms, please do not access or use the Site in any way.
In using certain services or parts of the Site you may also be bound by specific additional terms provided on the Site. You should review and comply with those specific terms when using the applicable services or parts of the Site. Any specific terms take priority over these Terms of use to the extent of any inconsistency.
We may terminate, change or suspend any part of the Site including any of its content or features, at any time without notice and in addition we reserve the right to refuse or suspend access to the Site or close it. We will not be liable if for any reason our Website is unavailable at any time or for any period.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time. You agree to regularly review these Terms and be aware of the changes made. By continuing to use the Site after any posted revision, you agree to abide by it.
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copyright notice
The entire content and materials published on the Site (including, but not limited to all included text, graphics, design, illustrations, images, associated media, printed materials, online documentation, code and/or software) and other matters related to and available on the Site are protected under domestic and international copyright and trademark laws and/or other proprietary (including but not limited to intellectual property) law.
No part of the Site may be modified, copied, publicly displayed, performed, reproduced, published, licensed, uploaded, posted, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website without a prior written consent from StivaSoft.
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third party websites
From time to time we may include links on our Site which lead to websites operated by other parties. We provide these links because we think they may be of use and interest to you. We have no connection with these websites and can accept no responsibility for their security, content or availability. You should check the terms and conditions and privacy policies of any third party websites.
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use of the site
You may not use any of the pages of the Site in any way that will allow you to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not use the Site in any manner that could damage, disable, overburden, or impair StivaSoft's servers, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the Services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of StivaSoft, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You may not use the Site or any content for any purpose that is unlawful or prohibited by these Terms , or to solicit the performance of any illegal activity or other activity which infringes the rights of StivaSoft or others, or use the Site in any way that may infringe, damage, endanger StivaSoft's reputation, or any other users experience from using the Site.
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services offered by stivasoft and phpjabbers.com
StivaSoft provides online services related to the area of web development and website design. Our services are intended for the needs of website owners and web developers/designers or anyone with an interest of web design and web development services. You may:
1. Use the Services in a manner that is described on the Site and in accordance to these Terms and any applicable law.
2. Try, purchase and download commercial software product, provided on the Site.
3. Request web design & web development services.
4. Request information about StivaSoft products and services, and contact the Support.
4. Download free resources and stuff, provided by StivaSoft and identified as free resources on the Site.
5. Participate in PHPJabbers Webmaster Community.
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interactive services
Through the Site you may have access to demo areas and pages, comment boards, web forums or other services that enable you to send or post materials online.
By using those areas, you agree that will not submit, publish, or display information that contains:
1. (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person or StivaSoft; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. illegal submission or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringements or violations of any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. commercial, business-related or advertising materials or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; or
6. (a) antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
StivaSoft cannot and does not assure that users are or will be complying with the foregoing terms or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability (to the fullest extent permitted by law and subject to the paragraph headed "Liability" below) arising from any reliance placed on such materials by any visitors to our Website or by anyone who may be informed of any of its contents.
We reserve the right to remove any materials posted on the Site by users under our own consideration and at any time and any reason.
Some of the pages (not only demo pages) of the site may include test events, test poll questions, surveys, etc. This is only to show Site visitors how the software works and you should not consider them as actual events, except in case StivaSoft is directly involved in (product announcements, surveys, upcoming events StivaSoft will attend, etc.) You are solely responsible for your action regarding such events. StivaSoft will not be liable for any delusion or confusion arising from it.
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disclaimer of warranties
The Services and all information on the Site is provided on an "as is" and "as available" basis. StivaSoft does not provide warranties or representations of any kind. StivaSoft disclaims all such representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, or non infringement. We make no warranties that the Site, the Services and all information will be complete, accurate, uninterrupted, secure, or error free. All information on the Site may be changed without notice.
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limitation of liability
In no event we will be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Site, or any delay of it, even if we have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the services, the Site or the data downloaded through the Site.
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governing law
The User agrees that these Terms shall be governed in all respects by the laws and courts of the Republic of Bulgaria. The contracting parties agree that all disputes arising from and regarding the Terms will be resolved by common efforts of the parties. In case that the common consent can be obtain, any claim or dispute the User may have against StivaSoft Ltd. must be resolved by a court located in the Republic of Bulgaria.
If any provision of these Terms is held to be invalid or unenforceable, this Agreement shall be construed without such provision and the balance of the Agreement will remain in full force and effect. The failure by a party to exercise any right herein shall not operate as a waiver of such party's right to exercise such right or any other right in the future.