Effective Date: June 6, 2020
Access to the Senegal Software website (“Website”) is provided by Senegal Ventures, LLC (hereinafter, “Senegal Software”) for the purposes of providing you with access to a variety of resources and services and software (the “System”). By accessing the System and browsing this Website, you signify your acceptance of the following terms and conditions, including but not limited to the Privacy Statement set forth separately on Senegal Software’s website, including this Website, at www.SenegalSoftware.com, without limitation or qualification (the “Agreement”); PROVIDED, HOWEVER, IF YOU ARE A PARTY TO A SEPARATE SOFTWARE AS A SERVICE AGREEMENT (A “SAAS AGREEMENT”) WITH SENEGAL SOFTWARE, THE TERMS OF THAT SAAS AGREEMENT SHALL GOVERN AND SUPERSEDE THE TERMS OF YOUR USE OF THIS WEBSITE, EXCEPT TO THE EXTENT THAT THE TERMS SET FORTH HEREIN GOVERN MATTERS NOT SPECIFICALLY GOVERNED BY TERMS SET FORTH IN THE SAAS AGREEMENT.
From time to time, Senegal Software may provide you with free usage for promotional or other reasons. Senegal Software reserves the right to limit the amount of and impose expiration dates on such usage.
3. Information Provided by You: From time to time, this Website may include features whereby you will be asked or permitted to transmit information to the Website. You hereby agree that you will not upload, post or otherwise make available on the Website any materials or information protected by copyright, trademark or other proprietary rights without the express permission of the owner of such rights, and the burden of determining that any such materials or information is not protected by any such rights rests solely with you. You will be solely liable for any losses or damages resulting from any infringement of copyrights, proprietary rights, rights relating to privileged or confidential information, or any other harm resulting from such a submission. By submitting any materials or information to this Website, you automatically grant, and you represent and warrant that you have the right to grant, to Senegal Software and its successors and assigns, or warrant that the owner of such material has expressly granted to Senegal Software, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, transmit and distribute such materials or information, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology. You further acknowledge and agree that Senegal Software is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Senegal Software.
You hereby acknowledge and agree that you are prohibited from posting or transmitting any information or materials to Senegal Software that is defamatory, threatening, obscene, harassing or otherwise unlawful. You shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, whether proprietary or otherwise, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You also acknowledge and agree that you shall not access or use this Website in any manner which, in Senegal Software’s sole discretion, restricts or inhibits any other person from using or enjoying the Website, or which could damage, disable, impair or overburden the Website in any way. You shall not attempt to gain unauthorized access or permit any third party to attempt to gain access by sharing your username and password to (i) any account of any other user of this Website, (ii) any computer systems or networks connected to this Website, or (iii) any materials or information not intentionally made available by Senegal Software to you through the Website by means of hacking, password mining or any other method whatsoever.
5. Links to Other Websites. This Website may contain links to other sites not operated by Senegal Software, and those sites may not follow the same privacy policies as Senegal Software. Hyperlinks to other sites are provided as a service to you and may not be sponsored by, endorsed or otherwise affiliated with the Senegal Software or this Website or with the products and services of Senegal Software. Senegal Software has not reviewed the sites linked to its Website and is not responsible for the content of any third party sites or links to any other sites. Viewing all other sites is strictly at your own risk. If you click on an advertisement on this Website you may be taken from Senegal Software to an entirely different website. This can include links from advertisers, content providers and partners of Senegal Software who may use Senegal Software’s logo and or style as a result of an agreement with Senegal Software. These sites may send their own cookies to you, and may collect information and make uses of it that Senegal Software would not.
6. Trademarks and Other Materials. Senegal Software’s Website contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials (collectively “Trademarks”) owned and registered by Senegal Software or an affiliate of Senegal Software. The Trademarks displayed on the Website are the registered and unregistered Trademarks of Senegal Software or an affiliate of Senegal Software. Except as otherwise provided in this Agreement, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of this policy, Senegal Software or its affiliate will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecutions. You should assume that all materials, designs, text and images contained in the Website are either the copyrighted property of Senegal Software, unless otherwise noted, or are the copyrighted property of third parties. Senegal Software neither warrants nor represents that your use of any materials, designs, text and images displayed on the Website will not infringe rights of third parties not owned by or affiliated with Senegal Software.
7. Content Accuracy and Errors. This Website is provided by Senegal Software on an “as-is” basis, and Senegal Software makes no warranties or representations of any kind that the Website will be uninterrupted or error-free, nor does Senegal Software make any warranties or representations as to the accuracy, correctness, reliability, completeness or lack of viruses or otherwise with respect to information available on the Website, and assumes no liability or responsibility whatsoever for any omissions or errors, (including, without limitation, typographical errors and technical errors) in or on this Website, or with respect to any of the content, Services, Downloaded Materials or Site Materials provided on this Website.
8. Liability Disclaimer. THE INFORMATION, DOWNLOADED MATERIALS, SITE MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND TO THE INFORMATION THEREIN. SENEGAL SOFTWARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
SENEGAL SOFTWARE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS COMPLETENESS OR ACCURACY OF THE INFORMATION, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEBSITE FOR ANY PURPOSE. IN ADDITION, SENEGAL SOFTWARE MAKES NO REPRESENTATIONS THAT THE SERVICES, INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, AND RELATED GRAPHICS AVAILABLE THROUGH THIS WEBSITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES, INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, AND RELATED GRAPHICS AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND WHATSOEVER. SENEGAL SOFTWARE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT OR ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. FURTHER, SENEGAL SOFTWARE DOES NOT WARRANT THAT THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES OR THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, SENEGAL DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS OR THIS WEBSITE AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE INFORMATION, SOFTWARE, DOWNLOADED MATERIALS, SITE MATERIALS, PRODUCTS, SERVICES AND RELATED GRAPHICS. YOU SPECIFICALLY AGREE THAT SENEGAL SOFTWARE SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OR WITH SENEGAL SOFTWARE. YOU SPECIFICALLY AGREE THAT SENEGAL SOFTWARE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SENEGAL SOFTWARE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THIS WEBSITE BY ANY THIRD PARTY.
IN NO EVENT SHALL SENEGAL SOFTWARE AND/OR ITS SUPPLIERS AND BUSINESS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, DOWNLOADED MATERIALS, SITE MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SENEGAL SOFTWARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
10. International Users. This Website is controlled, operated and administered by Senegal Software solely within the United States. Certain of the materials, software, information and services available on or through this Website may be designed for use solely in the United States. Senegal Software makes no representations or warranties that such materials, software, information or services are appropriate or available for use in locations outside of the country for which their use is intended, and access to them from territories where their contents are illegal is prohibited. You are prohibited from using this Website or exporting any materials, software, products or services available on or through this Website in violation of U. S. laws and regulations and any other applicable laws and regulations. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws.