1.1 These Terms and Conditions define relations between WEBINFO LTD (Navitas House, Robinson Road, Floreal, Republic of Mauritius). (Email: [email protected] ), publisher of the TextOptimizer.com website and users using the TextOptimizer.com services In what follows, these terms apply:
" TextOptimizer.com " refers to the site and services of TextOptimizer.com, a site hosted at Hetzner Online AG (91710 Gunzenhausen, Stuttgarter Str; tel:+49 (0)9831 61006-1)
"User means a visitor, whether as a professional or in a personal capacity.
TextOptimizer.com is offered by WEBINFO LTD to users, including through hosting and publishing promotional content on the Internet.
1.2 The User acknowledges that s/he has read, understood and accepted these Terms and Conditions. The User further states that s/he is legally capable of giving consent hereto and undertakes to comply fully herewith, consciously and without restriction. If the User is a minor, s/he states that s/he is authorized by a person holding parental authority, a guardian or trustee.
1.3 All rules published elsewhere on the website are an integral part of these Terms and Conditions that the User undertakes to observe.
1.4 The services of TextOptimizer.com may be offered on partner sites with a presentation adapted to the partner's graphic charter (rebranding). The relationship between the User and TextOptimizer.com shall remain the same as on TextOptimizer.com. Any special terms and conditions of the partner site defined elsewhere shall be added if necessary to those defined here.
1.5 TextOptimizer.com reserves the right to amend these Terms and Conditions and any associated element without prior notice.
1.6 In the event that TextOptimizer.com tolerates breach by the User or a third party of an obligation under these Terms and Conditions or does not enforce any right recognized by these same Terms and Conditions, this shall in no case be construed as a waiver of the exercise of its rights or of the enforcement of the User's obligations. This provision applies regardless of the duration of the tolerance or the number of Users involved.
1.7 WEBINFO LTD reserves the right to subcontract or assign its rights and obligations herein to a third party.
2.1 TextOptimizer.com only has an obligation of means regarding the continuity of its services. TextOptimizer.com is not subject to any obligation of result, including and without this list being exhaustive, it cannot be held responsible for the:
2.2 The User shall hold TextOptimizer.com, WEBINFO LTD, its employees and officers harmless from any liability for any harm resulting from the use of the site or related services.
2.3 Without limiting the scope of other provisions of these Terms and Conditions, the liability of TextOptimizer.com, were it to be invoked, regardless of the form of action or the case, shall not exceed for all damages suffered the sum paid by the User to TextOptimizer.com during the current year.
3. Conditions of access to the services
3.1 TextOptimizer.com may apply general rules and limits for use of the Service.
3.2 The User agrees that the Service and any necessary software used in connection with the Service may contain information protected by current intellectual property legislation or any other law. TextOptimizer.com grants the User, personal, non-exclusive and non-transferable license to use the software. The latter is prohibited from copying, changing, creating a derivative work, reverse engineering, disassembling or otherwise attempting to discover the source code (except as provided by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right pertaining to the software. The User agrees not to modify the software in any way and not to use modified versions of the software, including (without this list being exhaustive) in order to obtain unauthorized access to the services. The User undertakes not to access the services of TextOptimizer.com other than through the interface provided by TextOptimizer.com for this purpose.
3.3 The User expressly agrees that the services shall be used at his/her own risk. TextOptimizer.com provides no guarantee that:
4. Personal data
4.1 The User authorizes TextOptimizer.com to retain and archive all his/her data as confidential information for a period which may not exceed that prescribed by law.
5. Miscellaneous provisions
5.1 All materials posted on the site by TextOptimizer.com are protected by intellectual or industrial property rights and belong to their respective owners.
5.2 Any partial or total reproduction of this site or some of its content is prohibited. Information and databases cannot be used, printed or reproduced other than in a strictly private family context.
5.3 The User declares that s/he is fully informed of the nature of the TextOptimizer.com services offered by WEBINFO LTD and hereby accepts them.
6. Applicable legislation and court jurisdiction
6.1 The whole of this site and its annexes are in the English language. These Terms and Conditions and more generally all relations between TextOptimizer.com and users shall be governed exclusively by the laws of Mauritius, regardless of the place of residence of the User, including in cases of conflict of laws.
6.2 In the event that any provision be deemed unlawful by a competent authority, said provision shall simply be deemed unwritten and all other provisions shall remain in full force and effect between the parties.
6.3 Any dispute with a Partner or an advertiser shall fall under the exclusive jurisdiction of the Courts of Port Louis (Mauritius). Merely by using this site the User agrees to all of the clauses herein.