OCTOPUS SYSTEM

Octopus System owns and operates the “Octopus-System.com” and associated websites, including the websites referred to as Community, (the “Octopus System Websites”). By accessing, browsing or using any part of the Octopus System Websites, you accept these Terms of Use and agree to be bound by them.

If you do not agree with these Terms of Use, you may not use the Octopus System Websites.

Purpose of these Terms of Use

Octopus System has established these Terms of Use in order to:

Protect the integrity of the Octopus System Websites for all users of the Octopus System Websites;
Ensure responsible use of the Octopus System Websites;
Ensure compliance with applicable laws; and
Protect Octopus System’s intellectual property.

General Use of the Octopus System Websites

You are free to browse and use the Octopus System Websites, and you may print or download content from the Octopus System Websites, for your own personal, non-commercial use provided that:

You retain and keep intact all copyright, trademark or other proprietary notices (such as © 2021 Octopus System. All Rights Reserved);
You do not disseminate or distribute the content publicly or use it for any commercial gain; and
You abide by the terms and restrictions set out below.

User Registration

Certain areas of the Octopus System Websites require a user account and are password protected (“Registered Areas”). If you register for a user account with Octopus System:

You are responsible for all activities that occur under your user account.
You must provide accurate, current and complete information when registering your account.
You must not provide false identity information to gain access to the Octopus System Websites.
You must keep your user ID and password confidential, and change your password periodically.
You must not allow any other person to use your User ID and password.
You must notify Octopus System of any unauthorized use of your User ID and password.

User Profile

When you register for a user account, you create a user profile consisting of your first and last names, organization name, work title and work phone number. You may, optionally, include information about yourself and post a photo. Please be aware that:

Your name, title, organization and “about me” information are publicly displayed in the community forums and user groups.
Your profile is searchable by other community users and the public, even if they are not part of your organization.
Content that you share or post may be seen by other users of the community or the public.

By registering a user account, you consent to Octopus System’s collection and use of your personal information as set out above and in accordance with the Octopus System Privacy Policy at: www.Octopus-System.com/privacy

Octopus System Products

Octopus System products and services may be made available for access and use through the Octopus System Websites. Your use of such products and services is governed by Octopus System’s standard terms for those products and services, copies of which can be found here:

www.Octopus-System.com/termsofuse.

If there is any conflict between these Terms of Use and Octopus System’s standard terms for its products and services, Octopus System’s standard terms will apply and take precedence.

Product Resources

User resources for Octopus System products, such as online training, help documentation, scripts, tools, templates, tutorials or other information (“Resources”), may be made available for access and use through the Octopus System Websites. You may access, use and, where applicable, download the Resources for your own personal, non-commercial use provided that:

You retain and keep intact all copyright, trademark or other proprietary notices contained in or on the Resources (such as © 2021 Octopus System. All Rights Reserved);
You do not disseminate or distribute any Resources to anyone outside your organization or the Octopus System user community in which you accessed such Resources; and
You do not use the Resources for any commercial gain.

You acknowledge and agree that:

Resources are provided solely for education about Octopus System products;
Resources are provided “as is” without any warranty and are used at your own risk;
Octopus System does not promise that Resources will be accurate or operate properly with Octopus System products; and
Resources may be varied or discontinued at any time.

Community and Posting Materials

The Community portion of the Octopus System Websites provides a forum where users can connect and share knowledge about Octopus System products. Users of the Community forums and user groups are expected to behave professionally and to be courteous and respectful of others. You must not make or post any comments or discussions that are profane, discriminatory, degrading, defamatory, threatening, harassing or otherwise objectionable.

Where you are permitted to post or upload materials through the Octopus System Websites:

You must own the materials or have obtained the necessary rights and consents to post or upload it.
The material must not be unlawful or objectionable.
The material must not damage or interrupt the proper working of the Octopus System Websites (for example, by containing viruses or corrupted files).
You must use reasonable security measures (such as encryption and a secure network/system; not an open system or public computer).
You must not post or transmit spam, junk mail or chain letters.
You grant Octopus System a royalty-free and worldwide right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, and display your posted content in any media.

Octopus System is not responsible for the content of the postings made by you or any third party and is not obliged to review, edit or filter the postings. Octopus System reserves the right to modify, reject or remove any comments or materials posted on the Octopus System Websites at any time in its discretion. Octopus System does not endorse any comments or materials posted by users, and such comments and materials do not necessarily reflect the views of Octopus System.

All posts are public and are not confidential. If a third party sues Octopus System, or makes a claim against Octopus System, because of the comments or materials you post, you must pay Octopus System for any damages and expenses that Octopus System incurs as a result of that suit or claim.

Product Ideas

You may be able to post or submit ideas, suggestions or feature requests (“Ideas”) through the Octopus System Websites. All Ideas you post or submit are owned by Octopus System and may be adopted by Octopus System for any of its products, services or resources. You assign to Octopus System all right, title and interest in and to all Ideas and you waive all rights you may have, now or in future, in respect of such Ideas, including all moral rights and the right to any compensation.

You acknowledge that:

Posting or submitting Ideas does not make you an author, inventor or contributing author or inventor of any Octopus System products, features or other works or inventions;
Octopus System has no obligation to accept or use any Ideas;
To the extent any Ideas are not assignable, you grant Octopus System a non-exclusive, royalty-free, worldwide, perpetual and irrevocable right and license to freely copy, use, make use of, publish, adapt, distribute, sell, license, create derivative works from and otherwise exploit your Ideas, including incorporating them into future versions of Octopus System products, services or resources; and
Any Ideas or unreleased features discussed on or through the community forums, user groups or other Octopus System Websites are not promised to be available and may never become available.

Prohibited Conduct

In addition to the restrictions set out above, you must not use the Octopus System Websites in any inappropriate or unlawful manner. Examples of inappropriate and unlawful use include:

Distributing, selling, licensing or otherwise commercially exploiting the Octopus System Websites or any materials, information, software, code or content posted or contained in them;
Creating internet “links” to the Octopus System Websites or “framing” or “mirroring” any content on any other server or wireless or internet-based device;
Harvesting or otherwise collecting information about others, including names and email addresses;
Probing, scanning or testing the vulnerability of the Octopus System Websites, or breaching the security or authentication measures on the Octopus System Websites;
Taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Octopus System Websites, or any systems or networks connected to the Octopus System Websites;
Using any device, software or routine to interfere, or attempt to interfere, with the proper working of the Octopus System Websites or any transaction being conducted on the Octopus System Websites, or with any other person’s use of the Octopus System Websites;
Forging headers or otherwise manipulating identifiers in order to disguise the origin of any message or transmittal you send on or through the Octopus System Websites;
Pretending that you are, or that you represent, someone else, or impersonating any other individual or entity;
Attempting to gain unauthorized access to Registered Areas of the Octopus System Websites or related systems or networks;
Using any robot, spider, scraper, deep link or other automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor any portion of the Octopus System Websites; and
Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Octopus System Websites, other than the search engines and search agents available through the Octopus System Websites, and other than generally available third-party web browsers (such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox or Apple Safari).

Octopus System reserves the right to suspend your use of the Octopus System Websites (including Octopus System products and Resources), or take other appropriate remedial action, to address any Prohibited Conduct or any violation or suspected violation of these Terms of Use.

Confidential Information

Information and content you send, post or upload to or through the Octopus System Websites will be deemed NOT to be confidential or proprietary. Except as expressly agreed in Octopus System’s standard product and services terms, or in a separate agreement between you (or your organization) and Octopus System, Octopus System has no obligation to protect or secure any information provided by you through the Octopus System Websites. Personal information is governed by the Octopus System Privacy Policy at: www.Octopus-System.com/privacy

The Registered Areas of the Octopus System Websites may contain Confidential Information of Octopus System. “Confidential Information” is anything which Octopus System does not make generally available to the public, and which it considers to be proprietary. Confidential Information includes, but is not limited to:

(a) scripts, code or other technology;

(b) technical information about Octopus System products, including product roadmaps;

(d) material or information which, given its nature, should reasonably be considered to be confidential; and

(e) material or information which is marked “confidential”.

You must maintain the confidentiality of all Confidential Information you obtain or access.
You may use Confidential Information solely for the purpose for which it has been disclosed to you.
You must not disseminate or distribute Confidential Information.
You must not remove any proprietary notices contained in or on any Confidential Information.

Intellectual Property

The contents of the Octopus System Websites, and the materials made available through them, whether as text, multimedia clips, images, graphics, video, software, scripts or in any other format, are protected by copyright, trademark and other intellectual property laws and international treaties. Octopus System either owns or has obtained the rights to use the content and materials on the Octopus System Websites.

Except as expressly set out in these Terms of Use, you may not copy, reproduce, republish, download, transmit, distribute or create derivative works from any of the content on any of the Octopus System Websites, without Octopus System’s prior written consent.

Octopus System’s trademarks include: the word “Octopus System”, the Octopus System logo, “Direct Link” and “AX”. All other trademarks are the property of their respective owners. Trademarks appearing on the Octopus System Websites may not be used except with the express written permission of their respective owner.

Disclaimer

Information and materials on the Octopus System Websites are provided “as is” and are not promised or guaranteed to be correct, current or complete. The Octopus System Websites may contain technical inaccuracies or typographical errors. Octopus System assumes no responsibility (and expressly disclaims responsibility) for updating the Octopus System Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all information and materials before making any decision related to any products, services or other matters described in the Octopus System Websites. Octopus System reserves the right to modify the content of the Octopus System Websites, or to suspend or terminate operation of or access to the Octopus System Websites, at any time for any reason.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE Octopus System WEBSITES IS AT YOUR SOLE RISK. Octopus System MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, DURABILITY OR NON-INFRINGEMENT.

Octopus System DOES NOT REPRESENT OR WARRANT THAT THE Octopus System WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS, VIRUSES OR OTHER DEFECTS.

YOU ASSUME ALL RISKS IN THE TRANSMISSION OF ANY MATERIALS, DATA OR INFORMATION TO AND FROM Octopus System, INCLUDING ANY INTERCEPTION BY THIRD PARTIES.

Limitation of Liability

Octopus System WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE Octopus System WEBSITES OR FOR THE USE OR DOWNLOADING OF ANY RESOURCES, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON THE Octopus System WEBSITES, EVEN IF Octopus System IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORY.

Disclaimer – Digital ID Certificate

Octopus System has acquired Digital ID certificates (“Certificate”). Each Certificate is a computer based record that contains, among other things, Octopus System’s public key for use in connection with the encryption and decryption of electronic messages transmitted from selected portions of the Octopus System Websites.

Each Certificate supplier disclaims any warranty with respect to the services provided by such supplier and makes no assurances of the results of the cryptographic methods implemented in connection with its Certificate.

Octopus System does not make any representation or warranty, express or implied, concerning the Certificates or the results of the cryptographic methods implemented in connection with the Certificates, including any representation or warranty as to the functionality, performance, operation or non-infringement of the Certificates or the cryptography technology or any implied warranties of merchantability or fitness for a particular purpose.

Links to Other Websites

Links on the Octopus System Websites to third party websites are provided for your convenience only. Octopus System is not responsible for and does not endorse, control or make any representations or warranties as to the content, products or services offered from third party websites. You are responsible for complying with the terms of use for such third-party websites, and for reviewing and understanding the privacy policies of such websites.

Applicable Law

The Octopus System Websites are controlled from its offices in Riga, Latvia. All matters relating to your access to or use of the Octopus System Websites will be governed by Latvian law or the laws of the Province of European Commission. You agree to submit to the jurisdiction of the courts of European Commission Or Latvian Law.

Amendments

Octopus System retains the right to amend these Terms of Use at any time, including the right to revoke any permissions.

If you have any questions regarding these Terms of Use you may contact Octopus System at:

SIA OCTOPUS SYSTEMS
LATVIA - RIGA
STABU IELA 26 - 2A , LV 1011
Attention: Privacy Officer
Email: info@octopus-system.com

This Terms Of Use was updated Mar 01, 2021.