Terms and Conditions

Introduction

This legal agreement (referred to as the "Agreement") serves as terms and conditions of the use of www.openletr.co or OPENLETR (referred to as the "Website” or "Website's"), and is the "Agreement" between the "Website" and its visitors, readers, users and any third parties (collectively referred to as the "User" or "User's"). These terms and conditions govern the "User's" utilization of the "Website”; by using the "Website”, the "User" accepts the "Agreement" in its entirety.

Disclaimer

The "Website” does not sell or distribute the "User's" personal information, email address, or any other information to 3rd parties. The "Website” does not knowingly collect or solicit personal information from persons under thirteen years of age. If you are a "User" under 13, please do not attempt to use the "Website” or send any information about yourself to "Website", including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on "Website". The "User" is responsible for all activities in connection with the use of the "Website". The "User" must be at least 13 [thirteen] years of age to use the "Website". By using the
"Website", the "User" agrees to "Agreement", and warrants and represents that s\he is at least 13 years of age.

Authorization

Otherwise stated, the "Website"  has exclusive rights to the content published on the "Website". The "User" must use the content published on the "Website" for personal purposes only.

Prohibited Use

It is not authorized to:

  • reproduce, republish, duplicate, copy, edit, modify or otherwise exploit content published on the "Website" for commercial purposes in neither print nor digital media
  • sell, rent or sub-license content from the "Website"
  • reproduce, re-publish, duplicate part of the "Website" through the use of iframes or screenscrapers.
  • use the "Website" in any way that causes, or may cause, damage to the "Website" or impairment of the availability or accessibility of www.openletr.co or in any way unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • use the "Website" to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
  • conduct any systematic or automated data collection activities on or in relation to the "Website" without the "Website" expressed written consent. These include: scraping, data mining, data extraction, data harvesting, ‘framing’ (iframes), Article ‘Spinning’
  • use the "Website" or any part of it to transmit or send unsolicited commercial communications.
  • use the "Website" for any purposes related to marketing without the express written consent of the "Website".

Secured Access

Accounts created on the "Website" enable the "User" to access restricted areas of the "Website", content, or services. The "User" is responsible for the account password and "User's" ID security, and must ensure keeping sensitive information confidential. The "Website" may disable the "User's" ID and password in the event the "User" breaches the "Agreement" without any notice

Warranties

The "Website" does not provide any warranties and representations expressed or implied in relation to the "Website", information and materials provided on the "Website".

Without prejudice to the generality of the foregoing paragraph the "Website" does not warrant the following:

  • the "Website" will be constantly available, or available at all; or
  • the information on the "Website" is complete, true, accurate or non-misleading.
  • the information and content published on the "Website" constitute, or is meant to constitute, advice of any kind.

If the "User" requires advice in relation to any legal, financial or medical matter the "User" should consult the appropriate professional.

Liability

The "Website" is not liable to the "User" (whether under the law of contract, the law of torts or otherwise) in relation to the content of, or use of the material, or otherwise in connection with, the "Website":

Not liable:

  • for any direct, indirect, special or consequential losses; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • for any death or personal injury caused by the negligence of the "Website" or its agents, employees or shareholders/owners;
  • for fraud or fraudulent misrepresentation, or perception of fraudulent misrepresentation on the part of the "Website"

These limitations of liability apply even if the "Website" has been explicitly advised of the potential loss. By using the "Website", the "User" agrees with the limitations of liability. The "User" must not use the "Website" if he does not agree with the terms and conditions.

Other parties

By using the "Website", the "User" agrees not to bring any claim personally against the "Website" owners, officers or employees in respect of any losses the "User" suffers in connection with the "Website".

Without prejudice to the foregoing paragraph, the "User" agrees that the limitations of warranties and liability set forth in the "Agreement" will protect the "Website" owners, officers, employees, agents, subsidiaries, successors, and sub-contractors as well as the "Website" (www.openletr.co).

Indemnity

The "User" hereby indemnify the "Website" and undertake to keep the "Website" indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the "Website" to a third party in settlement of a claim or dispute on the advice of the "Website’s" legal advisers) incurred or suffered by the "Website" arising out of any breach by the "User" of any provision of these terms and conditions, or arising out of any claim that the "User" has breached any provision of these terms and conditions.

Breach

Without prejudice to the "Website’s" other rights under these terms and conditions, if the "User" breaches these terms and conditions in any way, the "Website" may take such action as the "Website" deems appropriate to deal with the breach including suspending the "User's" access to the "Website", prohibiting the "User" from accessing the "Website", blocking computers using the "User's" IP address from accessing the "Website", contacting the "User's" internet service provider to request the provider blocks the "User's" access to the "Website" and/or bringing court proceedings against the "User" among others.

Terms and Conditions Revisions

The "Website" may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the "Website" from the date of the publication of the revised terms and conditions on the "Website". Please check the Terms and Conditions regularly to ensure the "User" is familiar with the updated version.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

agreement

These terms and conditions constitute the entire "Agreement" between the "User" and the "Website" in relation to use of the "Website", and supersede all previous agreements in respect of the use of the "Website".

About TERMS and Conditions

Published on Janvier 1 2018 

These Terms and Conditions are governed by and construed in accordance with the laws of NEW YORK, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of NEW YORK, USA.

If you have any questions regarding the Terms and Conditions, please email us