Version: 1.0
Effective Date: 27th May 2019
Welcome to the MATDAT website! With MATDAT Services we aim to:
- help re-discover and share existing and new material data and results of published materials research and make them more accessible to academia and industry alike,
- increase mutual visibility of academic and industrial laboratories, service providers and equipment/materials suppliers and help them connect with companies in search of solutions,
- increase visibility and citability of results of materials research and support two-way data and knowledge transfer between academia and industry
TABLE OF CONTENTS
1. INTRODUCTION
1.1 Agreement and Services
1.2 Users ; Members and Visitors
2. CHANGES TO THESE TERMS
3. USER WARRANTIES, REPRESENTATIONS, OBLIGATIONS AND RESPONSIBILITIES
3.1 Eligibility
3.2 Account Registration and Security
3.3. Timeliness and Accuracy of Information
3.4 Payments
4. USER CONTENT AND SUBMISSION
5. THIRD-PARTY LINKS, CONTENT, PRODUCTS AND SERVICES
6. OUR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
7. LICENSE AND ACCEPTABLE USE
7.1 License
7.2 Acceptable Use
7.3 Violations
8. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT COMPLAINTS AND NOTICES
9. MODIFICATION AND TERMINATION
9.1 Modification of Services
9.2 Termination
10. ASSIGNMENT
11. DISCLAIMERS ; NO WARRANTY
12. LIMITATIONS OF LIABILITY
13. INDEMNITY
14. JURISDICTION AND GOVERNING LAW
15. MISCELLANEOUS
1. INTRODUCTION
1.1 Agreement and Services
These Terms of Service (the “Terms”) create a legally binding agreement between you (a “User”, “you”, “your”) and MATDAT LLC, having a place of business at Brdina 16, HR-51000 Rijeka, Republic of Croatia („MATDAT“, „we”, „us“, „our”). These Terms apply to and govern your access to and use of the websites, databases, content, services and software operated and provided by MATDAT (together, the “Services” or „MATDAT Services“). Our Services include certain services (“Membership Services”) requiring registration, payment of corresponding membership fees for usage and separate agreeing to corresponding membership agreements or entering into a written agreement with us (in either case, „Membership Agreement“). By way of example, and not as a limitation, MATDAT Membership Services are MATDAT Database of Materials Properties („MATDAT Database“), MATDAT Directory of Labs, Services & Suppliers („MATDAT Directory“) and MATDAT Repository of Materials Research Data („MATDAT Repository“).
By accessing or using the Services, you acknowledge and confirm that you have read, understand, and agree to be bound by these Terms, our Privacy Policy and other policies indicated here by reference and posted separately elsewhere, as well as any modifications to such policies, and all applicable laws and regulations.
If use of any part of the Services is governed by separate, specific agreements, terms of service or policies, those specific agreements, terms of service or policies are in addition to these Terms and they must be separately agreed to. To the extent there is a direct conflict between such separate documents and these Terms, those separate agreements, terms of service or policies shall govern.
Any use of Services opposite to these Terms is strictly forbidden. If you do not agree to these Terms, do not access or otherwise use any of our Services.
If you wish to terminate this agreement, at any time you can do so by closing your account (if applicable) and no longer accessing or using our Services.
1.2 Users ; Members and Visitors
„User“ is any natural or legal person who accesses or uses the Services for any purpose.
„Members“ are registered users of our Services and the term refers to persons, companies, organizations, institutions and authorized members that have completed registration process and/or have provided data to MATDAT in order to use the Services.
„Authorized Members“ are employees or students of Member companies, organizations or institutions that are authorized by the relevant authority within such Member or by MATDAT to use the Services on behalf of that Member.
“Visitors” are unregistered users of our Services.
When you register and join the Membership Services, you become a Member. If you choose not to register, you may still access and use certain features of our Services as a Visitor.
2. CHANGES TO THESE TERMS
We may modify these Terms at any time. Such modified Terms shall be effective immediately upon their posting to the Services and will apply on a going-forward basis, unless stated otherwise in a notice to you. Such notice to you may be given by any means, including without limitation by sending an email and/or providing a notice through or on our Services.
We will duly inform our Users about such modifications. It is your responsibility to check these Terms and other policies for updates periodically and particularly prior to any use of our Services. If you do not agree to, or can not comply with the modified Terms, your sole recourse shall be to stop accessing and using the Services.
Any access or use of our Services by you after any such changes constitutes your binding acceptance of such changes.
No modification to these Terms or any other policy by any party other than MATDAT shall be valid and binding for MATDAT unless expressly agreed to by MATDAT in writing and signed by a duly authorized officer of MATDAT.
3. USER WARRANTIES, REPRESENTATIONS, OBLIGATIONS AND RESPONSIBILITIES
3.1 Eligibility
To use the Services, you must be and represent and warrant that you are, at least 18 years old and competent to agree to these Terms. However, if law requires that you must be older in order for MATDAT to lawfully provide the Services to you without parental consent (including using of your personal data) then you must be of such older age.
If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “User”, “you” and “your” except for in this sentence, refer to that organization or entity). If MATDAT has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services.
3.2 Account registration and security
Members are account holders. To access and use the Services as a Member, you must register for an user account by providing an email address and creating a password, and providing us with other information that we request. You agree to provide us with accurate, complete, and current registration information and make reasonable efforts to keep it accurate and current. It is your responsibility to ensure that your password is strong and that it remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you.
You are responsible for notifying us at support@matdat.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. MATDAT will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by MATDAT or a third party due to someone else using your account.
3.3 Timeliness and Accuracy of Information
MATDAT can not warrant that any content and/or information available at or through the Services is current or accurate and it is your responsibility to check and ensure accuracy of any such information either posted by MATDAT or any other party. MATDAT or any other party providing and posting such content and/or information to the Services have no responsibility to update or correct any such content and/or information so that all Visitors, Members or other viewers/users of this content and information should carefully check for it's currency and accuracy and decide whether they will use it or not.
3.4 Payments
MATDAT offers both free and paid Memberships. After registering for a paid MATDAT Membership you will be prompted for payment information and you will have to submit a credit card or some other option as a payment method. The price to use our Membership Services may vary.
When paying please verify that you understand the price, the terms and conditions of payment as well as the additional terms specific to the Membership Services. Further information about our Membership Services is contained in our Membership Agreements.
4. USER CONTENT AND SUBMISSION
You acknowledge and represent that you are solely responsible for all information (including without limitation information provided when registering with MATDAT Membership Services), data, text, software, photographs, images, graphics, logos or other materials (collectively, „Content“) that you submit or send to MATDAT, other user(s) or any third party, or submit or post to the Services. You acknowledge and agree that you have all required rights to submit the Content without violation of any third party rights.
In no case is MATDAT responsible for all and any Content uploaded, posted, transmited or listed or otherwise made available on or via Services by you or any third party. MATDAT will not be liable for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, listed, emailed, transmitted or otherwise made available on or through the Services.
While we reserve the right to do so, MATDAT does not pre-screen, review, control or edit all Content posted by any party and, as such, does not guarantee the accuracy, integrity or quality of such Content and you understand, that by using Services, you may be exposed to content that is offensive, indecent or objectionable.
We reserve the right, which we may or may not exercise in our sole discretion, to review all Content contributed to the Services in any way by any party and to correct, edit, modify or remove any such Content where we deem that necessary for any reason and without any party's consent or approval, especially if we perceive it to be illegal, offensive, otherwise inappropriate or in violation of these Terms.
Any communication or Content you post or list on Services or submit or communicate to MATDAT in any manner including without limitation questions, comments, suggestions, feedback or the like, is and will be treated as non-confidential and non-proprietary and you hereby grant MATDAT, its affiliates and other users the following non-exclusive license to such material: A worldwide, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, copy, modify, distribute, reproduce, publish, process, disclose, use for advertising, publicity or promotion in any media and commercialize, without any further permission, consent and compensation, unless prohibited by law. Furthermore, MATDAT is free to use any ideas, concepts, know-how or techniques contained in any communication or Content for any purpose whatsoever, including without limitation developing, manufacturing and marketing products or services using information contained in such communication or Content. You agree that MATDAT may access, store and use any information that you provide, without any further permission, consent and compensation except if it would be against our Privacy Policy.
5. THIRD-PARTY LINKS, CONTENT, PRODUCTS AND SERVICES
The Services may provide: information and content provided by third parties; links to third-party websites or resources, such as suppliers of materials, products and services; and third-party products and services for sale directly to you. MATDAT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for:
i. any content, advertising, products, or other materials on or available from such sites or resources;
ii. any errors or omissions in these websites or resources, or
iii. any information handling practices or other business practices of the operators of such sites or resources.
MATDAT, among other things, through the Services, and content, services and tools available at or through the Services, enables users to contact other users, contributors, providers, suppliers, advertisers as well as companies and other entities that may otherwise be present on the Services. Users can inquire with them about pricing and other information regarding products and services listed on the Services or which they otherwise offer, provide or perform (where applicable). Descriptions of, or references to, these products or services on the Services do not imply endorsement of any product or service, or constitute obligation or warranty of any kind, for MATDAT.
MATDAT is not involved in any sales transactions regarding products or services requested, offered and/or advertised by any company and/or entity listed or otherwise present on the Services and is not a party to any such transaction. MATDAT has no control over such sales transactions, including without limitation the quality, safety or legality of the terms of sale and items or services transacted; the accuracy of the information or specifications provided; the ability of any party to buy items or services; the ability of any party to deliver items or services promised; or the ability of any party to pay for them. These Terms and the information provided on and through Services in no way override the terms and conditions of your purchase of any product, material or service except as specifically provided herein. We cannot ensure that a transaction will be completed in a satisfactory manner, or at all, and we have no responsibility for such transactions. It is your sole responsibility to communicate directly with and qualify any party that you choose to do business with.
Links to other websites do not imply an endorsement or approval of the content disseminated by organizations or persons at those websites, nor does the existence of a link to another website imply that the organization or person publishing at that website endorses any of the content on Services. MATDAT is not responsible for and does not control the availability, content, policies or practices of any website linked to the Services. In addition, you may be bound by the terms of use and privacy provisions of other websites.
6. OUR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by MATDAT and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by MATDAT and its partners, as well as other sources, and are protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by MATDAT and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of MATDAT and such others. You agree to protect the proprietary rights of MATDAT and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by MATDAT or its suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You agree to notify MATDAT immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and MATDAT, at all times be and remain the sole and exclusive property of MATDAT. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Content posted on Services by MATDAT („MATDAT Content“) is provided for informational purposes only and is not binding on MATDAT in any way except to the extent it is specifically indicated to be so. MATDAT may change, delete or update any MATDAT Content it has posted at any time and without prior notice. Any use, modification, reproduction or distribution of MATDAT Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the MATDAT Content or in writing signed by MATDAT, is strictly prohibited.
MATDAT, MATDAT.COM, MATDAT Database, MATDAT Directory, MATDAT Repository MATDAT Campus and/or any other names of products or services provided by MATDAT referenced herein or on Services are either trademarks or registered trademarks of MATDAT. The names of other companies, products and services referenced herein or on this Website may be the trademarks of their respective owners. You may not use any MATDAT marks without the consent of MATDAT. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any MATDAT marks or the intellectual property of any third party.
7. LICENSE AND ACCEPTABLE USE
7.1 License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own personal or internal business use and only in a manner that complies with all legal requirements that apply to you or your use of the Services, including the MATDAT Privacy Policy, these Terms, and if applicable, the Membership Agreement. We may revoke this license at any time, in our sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.
7.2 Acceptable Use
You may only view and use Services and content available on Services to obtain information on materials, companies, products, services, industries, news or jobs published and listed on these Services.
You may print, download or otherwise make a single copy of listings, datasheets, individual webpages or otherwise parts of the Services and information contained therein provided such copies are solely for your personal or internal business use and are not distributed to any third parties for commercial purposes or financial gain and provided that in each such copy you retain intact all copyright and other proprietary notices.
You may NOT, except as set forth herein, reproduce, copy, modify, transmit, display, publish, sell, license, transfer, create derivative works, perform or distribute or otherwise make available to any information service or other third party, by any means, method or process whatsoever, now known or hereafter developed, any of the Content present on or transmitted through the Services, including without limitation, by transferring, downloading or otherwise copying any such Content onto any disk drive or other storage medium, now known or hereafter developed. Without limiting the foregoing, you may NOT use or permit the use of the Content to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party.
You may NOT
i. access, tamper with, or use non-public areas of the Service, MATDAT’s computer systems, or the technical delivery systems of MATDAT’s providers;
ii. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
iii. access or search the Services by any means other than MATDAT’s publicly supported interfaces;
iv. scrape the Services or otherwise make any use of data mining, robots, or similar data gathering and extraction tools whether automatic or manual or of any other nature.
v. attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time)
vi. interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
You may NOT utilize the Service to carry out, promote or support:
i. any unlawful or fraudulent activities;
ii. the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
iii. activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
iv. the publishing or posting other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
v. the sending unsolicited communications, promotions advertisements, or spam;
vi. the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
vii. promotion or advertisement of products or services other than your own without appropriate authorization.
You may NOT post any Content on the Service or send any message that:
i. violates or could cause us to violate any applicable law or regulation, any third party's intellectual property rights, or anyone's right of privacy or publicity.
ii. is deceptive, fraudulent, illegal, obscene, pornographic, defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking
iii. contains viruses, bots, worms or similar harmful materials that might contaminate or destroy Services;
iv. impersonates any person or entity or falsely represents your affiliation with another person or entity;
v. contains any information that you do not have a right to make available under law or any contractual or fiduciary duty; or
vi. otherwise gives rise to liability or violates any other applicable law.
7.3 Violations
In addition to any other remedies that may be available to us, MATDAT reserves the right to immediately suspend or terminate your account or your access to the Services upon notice and without liability for MATDAT should you fail to abide by the terms of this section „License and Acceptable Use“. If you are an Authorized Member, MATDAT reserves the right to notify the Member account owner of any such violations of this section „License and Acceptable Use“, and the Member retains the right to terminate your account or access to the Member’s account for any reason.
8. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT COMPLAINTS AND NOTICES
If you are a copyright or other intellectual property right owner or authorized to act on behalf of one, and you believe that the copyrighted work has been copied or used in a way that constitutes copyright infringement or that the violation of other intellectual property rights is taking place through the Services, please provide MATDAT with the written notice of infringement that shall contain:
i. A description of the copyrighted work or other intellectual property that is claimed has been infringed and the country of claimed rights;
ii. A description of the material that is claimed to be infringing and where it is located on the Services, including the permanent URL, if possible;
iii. Reasonably sufficient information to permit us to contact you, such as your name, address, telephone number and email address;
iv. A statement by you that you “have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent or the law”;
v. A statement by you, “that the above information in your notice is accurate and under penalty of perjury that you are the copyright or other intellectual property right owner or that you are authorized to act on behalf of the owner; and
vi. An electronic or physical signature of the copyright or other intellectual property right owner or of a person authorized to act on behalf of the copyright or other intellectual property right owner whose rights are allegedly infringed.
All notices regarding alleged violation with the above information completed should be sent to:
By e-mail to: support@matdat.com
By first-class mail to: MATDAT d.o.o., Brdina 16, HR-51000 Rijeka, Republic of Croatia
If you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that if you are not a copyright or other intellectual property right owner and/or holder or authorized to act on behalf of the copyright or other intellectual property right owner and/or holder, we must ask that you contact and ask them to submit a notice of claimed infringement.
If applicable, MATDAT may give notice of a claim of copyright or other intellectual property rights infringement to our users by means of a general notice through Services, electronic mail to an user's email address in our records.
MATDAT reserves the right to terminate the accounts or memberships of repeat infringers or block their future access to and use of the Services.
9. MODIFICATION AND TERMINATION
9.1 Modification of Services
MATDAT reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that MATDAT shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
9.2 Termination
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access and use the Services will immediately terminate. Termination of your account may also include, at MATDAT’s sole discretion, the deletion of your account and/or your Content (if applicable).
You may terminate these Terms at any time by no longer accessing and using our Services and by destroying all Content obtained from the Services and all related documentation and all copies thereof whether made under the terms of these Terms or otherwise. In case you decide to terminate these Terms, no amount paid by you, if any, is refundable.
The following shall survive termination:
i. any Content submitted by you prior to termination is non-returnable,
ii. our rights to continue using your Content submitted prior to termination in accordance with these Terms,
iii. provisions regarding the Content, Copyright and other IP rights, Assignment, Limited license and the disclaimers, indemnities and limitations of liabilities
10. ASSIGNMENT
These Terms (or your membership or use of the Services), and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by MATDAT without restriction and without your consent. These Terms Agreement bind and inure to the benefit of each party and the party’s successors and permitted assigns.
11. DISCLAIMERS ; NO WARRANTY
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY MATDAT, THE SERVICES AND ITS CONTENTS WHETHER PROVIDED BY MATDAT OR BY ITS LICENSORS, SUPPLIERS, CONTRACTORS, SERVICE PROVIDERS AND USERS („MATDAT AFFILIATES“), AND OTHER INFORMATION ON OR ACCESSIBLE THROUGH OR FROM THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
SPECIFICALLY, BUT WITHOUT LIMITATION, MATDAT DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THE SERVICES IS FREE OF ERRORS; (II) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (V) CONTENT, FUNCTIONS, INFORMATION OR LINKS AVAILABLE ON THE SERVICES WILL MEET YOUR REQUIREMENTS.
MATDAT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT, FEATURES, FUNCTIONS OR INFORMATION AVAILABLE ON OR THROUGH SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. ALL PRODUCTS, MATERIALS AND SERVICES AND ANY RELATED INFORMATION LISTED ON OR AVAILABLE THROUGH SERVICES ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE PROVIDERS, SUPPLIERS OR MANUFACTURERS. ACCORDINGLY, MATDAT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT, MATERIAL OR SERVICE LISTED ON THESE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION PARTOF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, STRICT LIABILITY OR TORT, SHALL MATDAT, ITS OWNERS, DIRECTORS, OFFICERS EMPLOYEES, AGENTS, CONTRACTORS, CONSULTANTS AND ASSIGNS (THE „MATDAT PARTIES“) AND MATDAT AFFILIATES BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SERVICES, THE CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM SERVICES OR MATDAT AFFILIATES, OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MATDAT'S RECORDS, PROGRAMS OR SERVICES, OR THEIR CONDUCT IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING OR DELIVERING SERVICES, EVEN IF MATDAT PARTY OR A MATDAT AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOUR USE OF SERVICES OR CONTENT OR MATERIALS FROM SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
IN NO EVENT SHALL AGGREGATE TOTAL LIABILITY OF MATDAT PARTIES AND MATDAT AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. IN CASE OF USERS WHO HAVE PAID NO SUCH FEES, IF THE LAW OF THE RELEVANT JURISDICTION BARS ZERO DAMAGES, THE MAXIMUM LIABILITY OF THE MATDAT PARTIES SHALL BE 10 EUR.
MATDAT DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY MATERIAL, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, AND MATDAT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF MATERIALS, PRODUCTS OR SERVICES. MATDAT WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
13. INDEMNITY
You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless MATDAT Parties and MATDAT Affiliates from and against any claim or demand (including but not limited to reasonable attorneys' fees) made by any third party due to or arising out of or related to your use of the Services, your connection to the Services, your violation of these Terms or Privacy Policy, your violation of the rights of any third party, your violation of an applicable law, any Content you post, store or otherwise transmit on or through the Services, and any use or alleged use of Services under your password by any person or entity, whether or not authorized by you.
MATDAT reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to join in the proceeding and cooperate with MATDAT in order to defense from such claim.
14. JURISDICTION AND GOVERNING LAW
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the Republic of Croatia. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in corresponding courts located in City of Rijeka, Republic of Croatia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
15. MISCELLANEOUS
No Waiver. No waiver of any provision of these Terms will be binding unless in writing. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of MATDAT to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.
Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then such: (a) provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) provision will be void to the extent it is held to be invalid or unenforceable; (c) provision will remain in effect to the extent that it is not invalid or unenforceable; and (d) invalidity or unenforceability will not affect any other provision of these Terms.
Force Majeure. MATDAT shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood or any other Act of God, any law, regulation, ordinance or other act or order of any court, government or governmental agency, or delays, unavailability, errors or other failures of the Internet or other data networks.
Third-Party Beneficiaries. You agree that, except as otherwise expressly provided herein, there shall be no third-party beneficiaries to these Terms.
No Agency. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms.
Binding. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Headings and Captions. The headings and captions in these Terms are for convenience only and have no legal or contractual effect and shall in no way affect the interpretation of the Terms.
Language. These Terms are only available and binding in their English-language version.
Notices. We may deliver notice to you by e-mail, posting a notice on the Services or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and confirmed as such and you must use the following physical address: MATDAT LLC, Brdina 16, 51000 Rijeka, Republic of Croatia; or email address: support@matdat.com.