Error: Your upload path is not valid or does not exist: /home/jzl951e2o4jo/public_html/eeureka/wp-content/uploads eEureka | Terms of Use from eEureka Terms of Use from eEureka – eEureka

Terms of Use from eEureka

1/ Legals

1a/ Trademark information

You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.

Here we like to point that eEureka, the eEureka logo and other eEureka trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are trademarks or registered trademarks of eEureka, including the intellectual property rights of the eEureka brand. 

Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners.

1b/ License from you

You agree that any Content submitted or posted by you shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users, you are representing that you are the owner of such material and/or have all necessary rights, licenses, and authorisation to distribute it.

We like to point that eEureka does not claim ownership of the materials and/or Content you submit or make available on the Systems. However, by submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you consent to share such Content, you grant eEureka a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. 

1c/ License from eEureka

THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT FOR USE OF THE SYSTEMS AS PERMITTED IN THE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

We like to point out that eEureka grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by eEureka as a part of the Systems and in accordance with this Agreement; provided that you do not (and do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software, and you shall not exploit the Systems in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

1d/ eEureka proprietary rights

You further agree that the Systems (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You also agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Systems in compliance with this Agreement. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms.

You acknowledge and agree that eEureka and/or its licensors own all legal rights, title and interest in and to the Systems, including but not limited to graphics, User interface, the scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems and any software provided to you as a part of and/or in connection with the Systems, including any or all intellectual property rights that exist therein, whether registered or not and wherever in the world they may exist. 

1e/ Changes to content

You agree that the license permits eEureka to take any such actions.

You understand that to provide the Systems and make your Content available thereon, eEureka may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. 

1f/ Copyright notice – DMCA

We like to point out that eEureka may, in its sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.

If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact eEureka immediately at info@eEureka.co.uk. 

1g/ Violations of this agreement

If while using the Systems, you encounter Content you find inappropriate, or otherwise believe to be a violation of this Agreement, you may report it by sending an email to info@eEureka.co.uk. 

1h/ Links and other third party materials

Because eEureka may have no control over such third-party sites, services and/or materials, you acknowledge and agree that eEureka is not responsible for the availability of such sites, services or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or even responsible for any Content, advertising, Systems or materials on or available from such sites or resources. 

You further acknowledge and agree that eEureka shall not be responsible or even liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such sites or resources.

Certain content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other websites, resources or Content. 

2/ Acceptable use terms

We would appreciate our clients to follow the rules and standards that we feel must abide by in connection with your use of our Systems. This is set up for the protection of all our users.

eEureka has the right to enforce these guidelines as it deems appropriate at its sole discretion. This means that if you the (client), or anyone else using your account without your permission, that eEureka password or identifying information, violate these Terms, eEureka could take any actions from the issuance of a warning to terminating your right to use the Systems (please note this action comes without any refund or part credit of any fees paid) to the involvement of the appropriate authorities that eEureka deems necessary or appropriate. Please note that eEureka are not required to provide notice before terminating your right to use the Systems for violating these Terms, but it may choose to do so.

THIS MEANS THAT YOU CANNOT SUE eEUREKA OR RECOVER ANY DAMAGES WHATSOEVER FROM eEUREKA AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF eEUREKA CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. 

BY USING THE SYSTEMS, YOU ARE AGREEING TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST eEUREKA, AND TO HOLD eEUREKA HARMLESS AND INDEMNIFY eEUREKA CONCERNING ANY CLAIMS RELATING TO ANY ACTION TAKEN BY eEUREKA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENT. 

THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

3/ Your agreement

You agree that you will NOT use the Systems to:

  • pretend to be anyone or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another User, an eEureka employee, or, or otherwise misrepresent your affiliation with a person or entity (eEureka reserves the right to reject or block any eEureka ID or e-mail address which could be deemed to be an impersonation or misrepresentation of your identity or a misappropriation of another person’s name or identity);
  • post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  • engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  • gather and store personal information on any other Users of the Systems to be used in connection with any of the foregoing prohibited activities.
  • upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libellous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  • stalk, harass, threaten or harm another;
  • upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Systems (or any part thereof), or any other computer software or hardware;
  • interfere with or disrupt the Systems (including accessing the Systems through any automated means, like scripts or web crawlers), or any servers or networks connected to the Systems, or any policies, requirements or regulations of networks connected to the Systems (including any unauthorised access to, use or monitoring of data or traffic thereon);
  • plan or engage in any illegal activity; and/or

You further agree:

  • not to reveal your Account information to anyone;
  • eEureka will never ask you to reveal your account password either verbally or in writing;
  • that provided we have exercised reasonable skill and due care, eEureka shall not be responsible for any losses arising out of the unauthorised use of your Account resulting from you not following these rules;
  • that failure to provide accurate, current and complete Account information and data may result in the suspension and/or termination of your Account and/or Products and Services (without refund or part credit of fees paid).
  • to provide accurate and complete information when you register with, and as you use the Systems and you agree to update your account information to keep it accurate and complete.
  • that you are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify eEureka of any security breach;
  • that the Products and Services are designed and intended for personal use on an individual basis and you should not share Your Account information and/or password details with other individuals and/or corporate bodies;

4/ Using Your Information and Data

All personal data acquired by eEureka from you shall only be used for this Agreement and shall not be further processed or disclosed without the consent of you, other than in circumstances detailed in this Agreement.

Nothing in this Agreement shall oblige you to disclose any information to eEureka if it is of the view that to do so would be a breach of the Data Protection Act 1998.

Any information and or data provided by you to eEureka and used by eEureka directly or indirectly in the performance of the Terms shall remain at all times the property of you. It shall be identified, clearly marked and recorded as such by eEureka on all media and in all documentation.

You will find that eEureka shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of this data and information.

We can say eEureka shall indemnify you for any breach of the legislation above, which renders you liable for any costs, fines, claims or expenses howsoever arising. In fulfillment of its obligations above, eEureka will have in place and will maintain at all times the Information Standards which will deal comprehensively with:

  • The protection of the confidentiality, integrity and security of all and any information supplied to eEureka by you;
  • The audit and accounting procedures in place to deal with the requirements of this clause;
  • The reliability and training of staff to ensure awareness of (and compliance with) their obligations;
  • Any other measures and procedures to ensure that eEureka obligations under the above clauses are met.

Again, eEureka agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in (as amended from time to time):

  • The Data Protection Act 1998.
  • The Telecommunications (Data Protection and Privacy) (Direct Marketing).
  • Regulations 1998 4.4.3 The Consumer Protection Distance Selling Regulations 2000.

5/ Access To Your Account and Content

As part of the process of using the Systems, certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal advisor, Estate Agent, third party web portals and such others as eEureka deems necessary to enable them to provide the Systems. By agreeing to these Terms you agree and accept that such information can be disclosed.

We like to point out eEureka reserves the right to take steps eEureka believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that eEureka may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as eEureka believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of eEureka, its Users, a third party, or the public as required or permitted by law.

For the avoidance of doubt, eEureka reserves the right to take control of your Account, including changing your login details and password, to enforce all or any element of these Terms or Service Agreement.

6/ Disclaimer of Warranties; Liability Limitations

In no case shall eEureka, its Directors, Officers, Employees, Affiliates, Agents or Contractors be liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems or for any other claim related in any way to your use of the Systems.

You expressly agree that your use of, or inability to use, the Systems is at your sole risk. The Systems are provided ’as-is‘ and ’as available’ for use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

7/ Notices

eEureka might send you notices concerning the Systems by sending an e-mail message to the email address listed in your eEureka Account or by sending a letter via postal mail to the contact address listed in your eEureka Account.

8/ No ownership

Nothing in this Agreement shall be construed to convey to you any interest, title, or license in a eEureka password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.