A C T I C S I M

General Terms

Please read these Terms carefully. Access to, and use of Acticsim services (“Services”), and Acticsim website https://www.acticsim.com/ (“Website”), including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions contained in these Terms. By creating an account, or by using or visiting our Website, you are bound to these Terms and you indicate your continued acceptance of these Terms. If you do not agree to these Terms & Conditions, please do not use the Acticsim Service.

Meanings

For this Terms & Conditions:

  -Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.

  -Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to ACTICS IMPEX S.R.L., (3, Baba Novac str., Block S2, App. 21, Bucharest Sector 3, Romania) that is responsible for your information under this Terms & Conditions.

  -Country: where Acticsim or the owners/founders of Acticsim are based, in this case is Romania

  -Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Acticsim and use the services.

  -Service: refers to the service provided by Acticsim as described in the relative terms (if available) and on this platform.

  -Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

  -Website: ACTICS IMPEX S.R.L.’s site, which can be accessed via this URL: https://www.acticsim.com/

  -You: a person or entity that is registered with Acticsim to use the Services.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar

Cookies

A cookie is a small text file that a website stores on your computer or mobile device when you visit the website. Acticsim may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (“Third Party Sites”), either directly or through frames. Third Party Sites also include co-branded with Acticsim and so include Acticsim’s trademarks.

Links to Other Websites

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Acticsim. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

Third-Party Services

We may display or provide links to third-party websites or services (“Third-Party Services”). Acticsim has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. You agree that Acticsim shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.

Changes and Updates To Our Terms & Conditions

Acticsim reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material Acticsim will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at its sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in completely or in part, please stop using the website and the Service.

Acticsim may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Acticsim reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you. We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies.

Term and Termination

Unless terminated sooner in accordance with its terms, the Engagement shall terminate once the Services have been performed.

Either party may terminate the Engagement by written notice to the other party on or at any time after the occurrence of any of the following events: (i) a material breach by the other party of an obligation under the Engagement and, if the breach is capable of remedy, the defaulting party failing to remedy the breach within 30 days of receipt of notice of such breach, (ii) in the event the other has filed a request for a moratorium or its own bankruptcy, (iii) the other has been declared bankrupt, or (iv), when the other party’s assets are subject to attachment of material substance.

Copyright Infringement Notice

As Acticsim requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Acticsim. Acticsim will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

No Warranties

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Acticsim, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Acticsim provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Acticsim nor any Acticsim’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Acticsim are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Limitation of Liability

Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Services, and/or the Contents thereof even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Services as delivered by a party without any third party content, in no event shall a party’s liability exceed the total sums received by Acticsim  from you during the twelve (12) month period immediately prior to the date the damages first occurred.

Waiver

No waiver of any provision or breach shall be implied by failure to enforce any rights or remedies herein provided, and no express waiver shall affect any provision or breach other than that to which the waiver is applicable and only for that occurrence.

Entire Agreement

These Terms constitute the entire agreement between Acticsim S.R.L. and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Acticsim, its licensors or other providers of such material and are protected by Romania.

The Customer shall not unless otherwise agreed in writing

– copy, adapt or reverse compile the whole or any part of the software;

– assign, transfer, sell, lease, rent, charge or otherwise deal in the software or use the software on behalf of any third party or make available the same to any third party;

– remove or alter any copyright or other proprietary notice in the software;

– receive or be entitled to the programming source code or compiled code.

Binding Arbitration

If you and Acticsim do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Bucharest International Arbitration Court. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Notice of Dispute

The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this project. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. All reasonable requests for information made by one party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. In the event the parties cannot reach a satisfactory settlement under the aforementioned process, they each agree to present the dispute to non-binding mediation before a mutually agreeable neutral mediator at a mutually agreeable neutral site. If mediation is not successful, the parties may proceed to binding arbitration or litigation.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Acticsim without any compensation or credit to you whatsoever. Acticsim and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Miscellaneous

Any provisions of the Agreement which explicitly or by their nature extend beyond the expiration or termination of the Agreement shall survive either such expiration or termination.

If any provision or part of the Agreement is found by a court of competent jurisdiction or other competent authority to be unenforceable, such provision or part shall not affect the remainder of the Agreement, but such unenforceable provision or part shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permissible the intent of the parties set forth herein.

The headings in the Agreement are for convenience only and shall not affect the interpretation of the Agreement.

Disclaimer

The Acticsim Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Acticsim  is a distributor and not a publisher of the content supplied by third parties; as such, Acticsim exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Acticsim  Service.

Your Consent

We have updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it is being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

Contact Us

Please contact us if you have any questions.

 – Email:  info@acticsim.com

 – Phone Number:  +40371701225

 – Link:  https://www.acticsim.com/contact/

Romania, Bucharest, 3 Bada Novac Street, bl.S2, sc.A, 4th Floor, Apt.21, District 3

Copyright © 2021 Actics Impex S.R.L.

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