Published on 9/25/17

Website Terms of Use

Version 1.0

These Website Terms of Use (the Terms) regulate users’ operations with the website hamiltonapps.com (the Website).

YOU MAY USE THIS WEBSITE FOR BUSINESS PURPOSES IF YOU ARE A REPRESENTATIVE OF A COMPANY. IF YOU ARE A CONSUMER (THE USER), PLEASE DO NOT USE THIS WEBSITE.

AS A USER, YOU MUST READ THESE TERMS PRIOR TO USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND UNDERTAKE ALL OBLIGATIONS SPECIFIED HERE BELOW AND ALL USER’S RISKS WITHOUT ANY EXCLUSIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONSUMER AND USE THE WEBSITE DESPITE THE ABOVEMENTIONED NOTIFICATION, YOU AGREE TO THESE TERMS AND UNDERTAKE ALL OBLIGATIONS SPECIFIED HERE BELOW.

1. General

1.1. This Website is owned and administered by Hamilton Apps EOOD (address: Sredets District, 3, “Narodno Sabranie” Sq., 1000 Sofia, Bulgaria), a company existing under the laws of the Republic of Bulgaria (Hamilton Apps).

1.2. Hamilton Apps shall have the right to unilaterally amend and supplement these Terms. All amendments and supplements shall enter into legal force and effect when published on the Website. The user shall check the up-to-date version of the Terms from time to time.

1.3. All users shall have an unlimited access to the Terms published on the Website.

2. Intellectual Property Rights

2.1. The Website and all intellectual property placed thereon including, but not limited to, texts, pictures, photographs, charts, other images, video and audio recordings, software and components and source codes thereof, other copyrights, databases, trade and service marks, other logos as well as the composition and arrangement of these objects on the Website and the design, outlook, color pattern and structure of the Website (jointly, the Content) constitute the intellectual property of Hamilton Apps or its licensors who granted Hamilton Apps the lawful right to use their intellectual property.

2.2. Hamilton Apps hereby declares that Hamilton Apps owns exclusive rights or licenses to all Content. Unlawful use of the Content is subject to the liability established by law.

2.3. The User shall observe Hamilton Apps’ rights to the Content without reservations.

3. Website Use

3.1. Hamilton Apps hereby grants the user the non-exclusive right to access the Website by opening it with a browser and to read the Content. In addition, the user shall have the non-exclusive right to
• Save on the hard drive of the user’s computer or print the Content or any part thereof (excluding distribution or repeated copying) strictly for personal use limited to receiving information about business applications and other services of Hamilton Apps, unless any of the following: (i) saved or printed material contains a notice prohibiting the mentioned actions; (ii) the user deletes or changes copyright symbols or other intellectual property notices; or (iii) the user amends or supplements the Content in any manner; and
• Cite texts included in the Content within the limits justified by a lawful and for fair citation purposes and subject to an evident and noticeable reference to this Website as the citation source.

3.2. The rights set forth in Section 3.1 here above are granted personally to the user. These rights are non-assignable and non-sublicensable.

3.3. The rights specified in Section 3.1 here above are granted provided that the user complies with all provisions of these Terms. The user shall lose these rights immediately upon a breach of any section of these Terms.

3.4. The user must not
• Copy or reproduce the Content except for the cases specified in Section 3.1 here above;
• Distribute, translate, remake, modify, adapt, decompile and decode the Content in any way;
• Create web-resources confusingly similar to the Website or the Content;
• Access the system settings of the Website or any parts thereof which are not intended for users;
• Perform any actions with the source code of the Website;
• By-pass the Website’s navigation system and perform other actions aimed at the incorrect (emergency) functioning of the Website on the user’s computer or on the server side;
• By-pass antiviruses, firewalls and other security tools of the Website and hosting;
• Monitor actions of other Website users and attempt to identify them;
• Search the Website for system errors and any other vulnerabilities and commit any actions aimed at illegal use of such vulnerabilities (if detected);
• Conduct any actions aimed at impeding the operation of the Website including, among other things, repeated reloading of webpages and use of software that falsely increases the traffic to servers to an emergency level;
• Include the Content or any parts thereof into complex copyrighted works or other intellectual property items without the prior written consent of Hamilton Apps;
• Publicly show, broadcast, including by cable, and make available to the public the Content or any part thereof without a prior written consent of Hamilton Apps;
• Commit any actions contradicting the laws of the user’s state of residence; and
• Incite third parties (not users) to commit actions described here above.

3.5. Hamilton Apps shall have the right to suspend or terminate access to the Website or any parts thereof at any time and without prior notice.

4. Information about Hamilton Apps

4.1. The Website does not contain public offers or other clauses obliging Hamilton Apps to render services, supply business applications or enter into any business relations with the user.

4.2. The Website shall be used only for informational purposes. The Website contains a general description of Hamilton Apps, business applications and other services. This description can be updated from time to time at the discretion of Hamilton Apps. Hamilton Apps always refers to the source of citation if any third party is cited on the Website.

4.3. The Website may contain information about business applications and other services unavailable in the user’s country of residence. Hamilton Apps hereby notifies the user in advance that the description of functionality and configuration of business applications and their names may differ from country to country.

4.4. If the user decides to use the information published on the Website for planning his/her own business operations, then the user will act at his/her own risk.

4.5. The Website contains information about Hamilton Apps’ subsidiaries and affiliates all over the world. These entities may provide the user with more detailed information of business applications, services and other operations of Hamilton Apps.

5. External Links

5.1. The Website may contain hyperlinks to third-party websites. Hamilton Apps does not accept any responsibility for the content of such websites and the user follows the hyperlinks at his/her own risk.

6. No Warranties

6.1. HAMILTON APPS TAKES ALL POSSIBLE EFFORTS TO ENSURE RELIABLE PROTECTION OF THE WEBSITE FROM HACKING AND ILLEGAL ACTIONS OF THIRD PARTIES. NEVERTHELESS, HAMILTON APPS GIVES NO WARRANTY THAT THE WEBSITE IS FREE FROM VIRUSES OR FILES THAT MAY DAMAGE THE USER’S COMPUTER AND DATA AND THAT POSSIBLE ILLEGAL ACTIONS OFTHIRD PARTIES WILL NOT DAMAGE THE USER’S COMPUTER AND DATA. HAMILTON APPS ALSO GIVES NO WARRANTY THAT THE WEBSITE MAY RESIST ALL HACKING ATTACKS AND INFORMATION SECURITY THREATS.

6.2. THE USER SHALL ACCESS THE WEBSITE ON THE ‘AS-IS’ BASIS, I.E. THE USER SHALL NOT BE ENTITLED TO ANY WARRANTY OF THE STABLE OPERATION OF THE WEBSITE. IN PARTICULAR, HAMILTON APPS GIVES NO WARRANTIES THAT: (I) THE WEBSITE WILL WORK WITHOUT ERRORS AND THE WEBSITE WILL BE DISPLAYED PROPERLY ON THE USER’S COMPUTER; (II) THE CONTENT WILL BE FREE FROM INACCURACIES, MISTAKES AND MISPRINTS; (III) THE CONTENT WILL INCLUDE EXHAUSTIVE INFORMATION ABOUT BUSINESS APPLICATIONS AND SERVICES OF HAMILTON APPS; (IV) THE USER’S COMPUTER AND SOFTWARE WILL BE FULLY COMPATIBLE WITH THE WEBSITE AND THE CONTENT; (V) THE INFORMATION PUBLISHED ON THE WEBSITE WILL CORRESPOND TO THE USER’S NEEDS; (VI) PRINT-OUTS OF THE CONTENT WILL BE IDENTICAL TO THE ONLINE CONTENT; (VII) THE WEBSITE WILL NOT CONTAIN INFORMATION ACCESS TO WHICH MAY BE PROHIBITED OR RESTRICTED TO THE USER UNDER THE LAWS OF HIS/HER STATE OF RESIDENCE; (VIII) THE WEBSITE WILL NOT CONTAIN INFORMATION THAT MAY BE CONSIDERED BY THE USER AS FALSE, INCOMPLETE OR OFFENSIVE TO THE USER OR A THIRD PARTY; AND (IX) THE USER WILL HAVE UNIMPEDED ACCESS TO THE WEBSITE. HAMILTON APPS HEREBY REFUSES FROM ANY OTHER WARRANTY WHATSOEVER.

7. Limitation of Liability

7.1. HAMILTON APPS DOES NOT ACCEPT ANY LIABILITY FOR THE USER’S ACTIONS, IMPROPER OPERATION OF THE WEBSITE, VIRUS STRIKES, INACCURACY OR INCORRECTNESS OF THE CONTENT, INTERRUPTIONS OF ACCESS TO THE WEBSITE, ANY DAMAGE TO THE USER’S COMPUTER AND DATA FOR WHATEVER REASON AS WELL AS FOR ANY DIRECT OR INDIRECT LOSSES AND MORAL HAZARD THE USER MAY SUFFER IN CONNECTION WITH THE WEBSITE USE OR THE SOLE FACT OF PROVIDING PUBLIC ACCESS TO THE WEBSITE VIA THE INTERNET.

8. Confidentiality

8.1. The user’s personal data constitutes confidential information. Hamilton Apps shall process such data according to the Personal Data Policy.

9. Breach of These Terms

9.1. The user shall bear liability for any breach of these Terms according to the applicable law (see Section 10 below) and the laws of the user’s state of residence.

10. Applicable law

10.1. These terms are governed by the laws of the country where Hamilton Apps is registered as a company, i.e. the Republic of Bulgaria.

11. Feedback

11.1. All questions concerning the operation of the Website, including copyright and neighboring right infringements, shall be addressed to bulgaria@hamiltonapps.com or sent by regular mail to Hamilton Apps EOOD (address: Sredets District, 3, “Narodno Sabranie” Sq., 1000 Sofia, Bulgaria). The messages may be also submitted through the feedback form.