By entering this Web site ( the 'Site' ), the Users agree with the following 'Legal Notices'.
This Site is intended to provide background information on MCL, BCE registered number 2.087.817.310, which is a company incorporated under the laws of the Kingdom of Belgium, with registered office at avenue Reine Astrid 92, 3rd floor, 1310 La Hulpe, Belgium, and the activities, products and services of MCL (the 'Service').
It is not intended to provide the basis for any evaluation of MCL.
Although MCL makes its best effort to include in this Site information that it believes is up-to-date and accurate, MCL makes no representation or warranty as to the adequacy, accuracy, completeness or correctness of such information nor does it warrant or represent that the site shall be complete in every respect.
MCL shall have no liability resulting from the use of the information herein provided nor shall it have any liability for the absence of any specific information on this Site.
The Users of this Site expressly understand and agree that :
> The use of the Service is at the Users' sole risk. The Service is provided on an 'AS IS' and 'As available' basis;
> MCL expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
> MCL makes no warranty that : (i) the Service will meet the Users' requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by the Users through the Service will meet their expectations; (v) any errors in the software will be corrected;
> Any material downloaded or otherwise obtained through the use of the Service is done at the Users' own discretion and risk, and that the Users will be solely responsible for any damage to their computer systems or loss of data that results from the download of any such material;
> No advice or information, whether oral or written, obtained by the Users from MCL or through or from the service shall create any warranty not expressly stated on this Site.
LIMITATION OF LIABILITY
The Users expressly understad and agree that MCL shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MCL has been advised of the possibility of such damages), incurred by the Users or any third party, whether in an action in contract or tort, arising from their access to, or use of this Site or any hyperlinked Web site, resulting from :
> The use or the inability to use the Service;
> The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
> Unauthorized access to or alteration of the Users' transmissions or data;
> Statements or conduct of any third party on the Service;
> Any other matter relating to The Service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the Disclaimer section and Limitation of Liability section may not apply to some Users.
INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
NAMES AND LOGOS
The names and logos of MCL (BCE registered number 2.087.817.310), as well as the names and logos of affiliated or related companies, that appear in this Site are trademarks and trade names protected by national and international laws.
The copyright on this Site belongs to MCL, BCE registered number 2.087.817.310
SITE USER AGREEMENT
The Users of this Site acknowledge and agree that the Service provided on this Site and any necessary software used in connection with the Service or that is available on the Site for downloading purposes ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
The Users further acknowledge and agree that Content contained in sponsor advertisements or information presented through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by MCL or advertisers, the Users agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MCL grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that the Users do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The Users agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The Users agree not to access the Service by any means other than through the interface that is provided by MCL itself or other authorized linked Web sites for use in accessing the Service.
All images, text, programs, and other materials and content (collectively, the 'Content') found within the Service are protected by national and international copyright laws and other laws relating to the protection of intellectual and proprietary property.
MCL owns the copyright and intellectual property rights associated with the Content, except as expressly provided within the software license agreements applicable to the downloading or purchasing of MCL' software elsewhere within the Service.
Any commercial use of the Content is strictly prohibited, without the express written consent of MCL.
The Users agree not to change or delete any proprietary notices from materials downloaded or purchased from the Service.
MCL respects the intellectual property of others, and ask the Users of the Site to do the same.
MCL may, in appropriate circumstances and at its discretion, disable and/or terminate the access to the Service, the passwords, account numbers or personal codes of the Users who may be infringing on the intellectual property rights of MCL or third parties.
If the User believes that his work or their property rights have been copied or used by MCL in a way that constitutes copyright infringement, or that their intellectual property rights have been otherwise violated, they are requested to provide MCL with the following information:
> an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
> a description of the copyrighted work or other intellectual property that has been presumably infringed;
> a description of where the infringing material is located on the Site;
> the address, telephone number, and email address of the claimant;
> a statement by the claimant that they have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
> a statement by the claimant that the above information in their notice is accurate and that they are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If the User of this Site is seeking permission to use MCL trademarks, logos, service marks, trade address, slogans, screen shots, copyrighted designs, or other brand features, please contact MCL, at the following address:
MCL, BCE registered number 2.087.817.310
avenue Reine Astrid 93, 3rd floor
1310 La Hulpe - BELGIUM
Phone Number: +32 27243500
e-mail address: firstname.lastname@example.org
USE OF CORPORATE LOGO, PRODUCT ICONS AND OTHER MARKS
Make sure the MCL mark is smaller than your company mark.
You may resize MCL marks. However:
> Do not make a mark smaller than 0.5'' (1.27 cm) wide;
> Do not change a mark's proportions;
> Make sure the MCL mark does not appear more dominant than your mark in size or in placement on the page. Always use your company mark as the primary identity;
> Always maintain a margin of clear space around an MCL mark;
> Always maintain a clear space between an MCL mark and other marks. Do not 'lock up' the MCL mark with your mark;
> Do not use MCL marks within the text body of any copy;
> Do not use MCL marks to imply that your company is in any way affiliated with MCL other than in accordance with our mutually recognized relationship;
> Make sure that the reader will understand that you are the seller of the product or service you are promoting, not MCL. Do not allow your use of MCL marks to confuse or mislead the reader. Do not use MCL marks to misrepresent your organization.
USE OF MCL SOFTWARE
MCL-Collection software is developed by MCL, BCE registered number 2.087.817.310. MCL assumes responsibility for the quality of its software products. However, MCL assumes no responsibility whatsoever for the use of its software by other parties. MCL assumes no responsibility for external causes or operating environments that affect an implementation. MCL makes no guarantees, expressed or implied, about the performance or integration skills of the companies it certifies to use its products. MCL shall not be liable for any direct, indirect, special, incidental or consequential damages (including without limitation lost profit, lost data, or downtime costs) or other damages arising out of the use, inability to use, or the results of the use of its software by other parties whether or not advised of the possibility of such damages.
ACCEPTANCE OF TERMS
This web site ('the Service') is an online information and communications service provided by MCL.
By accessing or using the Service, the Users agree to be bound by the terms and conditions set forth below.
MCL may terminate, without notice, the access to the Service at any time for any reason, including the violation of this T.O.U.
MCL may change, modify, add or remove any portion of this T.O.U. at any time, without notice to the Users.
The Users agree to review this T.O.U periodically to be aware of such modifications and their continued access or use of the Service shall be deemed their conclusive acceptance of the modified T.O.U.
USE OF THE SERVICE
Through this site, MCL provides the Users with access to information and data, services, products available for downloading, demonstration and purchasing, forums and so on.
The Service may also include advertisements or marketing tools. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MCL products or activities, shall be subject to this T.O.U. The Service is provided 'AS-IS' and MCL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Users' communications or personalization settings. The Users are fully responsible for obtaining access to the Service, and that access may involve third party fees, such as Internet service provider or airtime charges. The Users are responsible for those fees, including those fees associated with the display or delivery of advertisements.
In addition, the Users must provide, and are responsible for all equipment necessary to access the Service. Except for information, products or services clearly identified as being supplied by MCL, MCL does not operate, control or endorse any information, products or services on the Internet in any way. Except for MCL-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with MCL and MCL does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed.
It is solely the responsibility of the Users to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Service or on the Internet generally.
In consideration of the use of the Service on this site, the Users agree to:
(a) provide, when requested or necessary, true, accurate, current and complete information about themselves (such information being the 'Registration Data');
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If a user provides any information that is untrue, inaccurate, not current or incomplete, or MCL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MCL has the right to suspend or terminate the access of such user and to refuse any and all current or future use of the Service, or any portion thereof.
PASSWORD,CODE AND SECURITY
For some purposes of the Service provided by MCL or via third parties, the Users will receive a password, an account number and/or a personal identification code.
This may occur upon completing the Registration Data or when the Users order MCL products.
In such cases, the Users are fully responsible for maintaining the confidentiality of the passwords, accounts numbers or codes they received, and are furthermore responsible for all activities that occur under those passwords, accounts or codes.
The Users agree to :
> immediately notify MCL of any unauthorized use of their passwords, account numbers or codes, or any other breach of security,
> ensure that they exit from their passwords, account numbers or codes at the end of each session on this site.
MCL cannot and will not be liable for any loss or damage arising from your failure to comply with this Password, Code and Security section.
USERS' BEHAVIOUR AND RESPONSIBILITIES
The Users' participation in online communications ('the Content') occurs in real time and is not edited, censored, or otherwise controlled by MCL. MCL does not necessarily and is not supposed to control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Service, the Users may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MCL be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Notwithstanding the foregoing, MCL reserves the right to monitor content on the Service and to remove content that MCL, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of law or the terms of this T.O.U. In order to maintain an informative and valuable service that meets the Service needs of the Users and avoids harm that can result from disseminating statements that are false, malicious, violate rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
Accordingly, the Users represent, warrant and covenant that they shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials that :
> restrict or inhibit any other user from using and enjoying the Service;
> are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
> constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law;
> violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
> contain a virus or other harmful component;
> constitute or contain false or misleading indications of origin or statements of fact.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that the Users of this site are entirely responsible for all Content that they upload, post, email, transmit or otherwise make available via the Service.
The Users acknowledge and agree that MCL or its designees may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
> comply with legal process;
> enforce the T.O.U.;
> respond to claims that any Content violates the rights of third-parties;
> protect the rights, property, or personal safety of MCL, the Users of this site and the public.
The technical processing and transmission of the Service, including the Content and the Registration Data personal to each User, may involve :
> transmissions over various networks;
> changes to conform and adapt to technical requirements of connecting networks or devices.
The Users of the site agree to comply with all international and local rules regarding online conduct and acceptable Content
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Certain areas within the Service allow for the exchange of information between the Users, MCL and other parties.
Except as otherwise indicated under separate agreement, any submission by the Users becomes the property of MCL, and the Users expressly grant to MCL the authority and right to use such submission in accordance with MCL privacy policies.
Further, the Users agree to grant to MCL a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) the Users submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed.
The Users also grant to MCL the right to use their names in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. The Users agree that they shall have no recourse against MCL for any alleged or actual infringement or misappropriation of any proprietary right in their communications to MCL. They acknowledge that transmission to and from the Service is not confidential and their transmissions may be read or intercepted by others. The Users acknowledge that by making submissions to the Service, no confidential, fiduciary, contractually implied or other relationship is created between you and MCL other than pursuant to this T.O.U.
The Users agree to indemnify and hold MCL, and its subsidiaries, affiliates, officers, directors, agents, employees, information providers, licensors and licensees (collectively, the 'Indemnified Parties'), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the Users submit, post, transmit or make available through the Service, their use of the Service, their connection to the Service, their violation of the T.O.U. or violation of any rights of another.
The Users shall cooperate as fully as reasonably required in the defense of any claim. MCL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Users.
The Users shall not in any event settle any matter without the written consent of MCL. Each of the Indemnified Parties shall have the right to assert and enforce these provisions directly against the Users on its own behalf.
NO RESALE OF SERVICE
The Users agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Users may use, copy and print information on the MCL website solely for their own or their organization's internal, non-commercial purposes. Except as stated above, the Users may not use, copy, sell, lease, transfer, distribute, publish, post, alter or modify any such information. Except as specifically provided in this T.O.U. or elsewhere on the MCL website, nothing on the MCL website shall be construed as an offer or as conferring or granting any license or right to the Users.
GENERAL PRACTICES REGARDING USE AND STORAGE
MCL may establish and change at any time, without notice, general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MCL TECHNOLGIES' servers on behalf of each of the Users, and the maximum number of times (and the maximum duration for which) the Users may access the Service in a given period of time.
MCL has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
DISCONTINUANCE AND MODIFICATIONS OF SERVICE
MCL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), without notice.
MCL may also impose limits on certain feature and services or restrict the access to parts or all of the Service without notice.
MCL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
MCL, in its sole discretion, may terminate the password of the Users, their account (or any part thereof) or code, or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, lack of use or if MCL believes that the Users have violated or acted inconsistently with the letter or spirit of the T.O.U.
MCL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
The Users agree that MCL shall not be liable to you or any third-party for any termination of their access to the Service.
DEALINGS WITH ADVERTISERS
The Users' correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and such advertiser.
MCL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources.
Because MCL has no control over such sites and resources, the Users agree that MCL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
MCL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Notices to the Users of the site may be made via either email or regular mail.
The Service may also provide notices of changes to the T.O.U. or other matters by displaying notices or links to notices to the Users generally on the Service.
The T.O.U. constitutes the entire agreement between the Users and MCL and governs their use of the Service, superseding any prior agreements between the Users and MCL.
The Users may be subject to additional terms and conditions that may apply when they use affiliate services, third-party content or third-party software.
The T.O.U. and the relationship between the Users and MCL shall be governed by the laws of the Kingdom of Belgium without regard to its conflict of law provisions.
The Users and MCL agree to submit to the personal and exclusive jurisdiction of the courts located within the place where the registered offices of MCL (BCE registered number 2.087.817.310) are located.
The failure of MCL to exercise or enforce any right or provision of the T.O.U. shall not constitute a waiver of such right or provision.
If any provision of this T.O.U. is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T.O.U. remain in full force and effect.
The Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the T.O.U. must be filed within one (1) year after such claim or cause of action arose or be forever barred.