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Terms and Conditions and Privacy Policy The following terms and conditions govern your use of The Network Machine sārl, including the following websites and subsidiary website pages: www.thenetworkmachine.com – General Information www.thenetworkmachine.info – Members’ only information, incoporating forum and chat Please read the following Terms and Conditions carefully before accessing this web site. By proceeding to access this web site, you accept and agree to be legally bound by these terms. You indicate that You understand and intend to be bound by the following Terms & Conditions and to Our Privacy Policy. You agree that each are the legal equivalent of a signed, written contract and are equally binding. Please note that We reserve the right to change the Terms and Conditions and Privacy Policy under which this Site and its offerings are extended to You. Your continued use of this Site following such modifications will be conclusively deemed acceptance by You of any changes to the Terms and Conditions and Privacy Policy. The Network Machine SāRL will also be known as Us for the purposes of this document. The Network Machine SāRL Website may also be known as the Website or the Site for the purposes of this document. Nonexclusive License This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on Your continued compliance with the Terms and Conditions of this Agreement. You may not print and download materials and information on this Site. As a further condition of use of this Site, You warrant to Us that You will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. We reserve the right to terminate Your access to the Site in the event that You violate these Terms and Conditions, or for any reason whatsoever. Corrections and Changes While We endeavor to keep the materials on the Site up to date, We cannot and do not assume responsibility for any errors or omissions in these materials. We further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. We may make changes to these materials, or to the products or services described herein, at any time without notice, and make no commitment to update the information contained herein. If You do become aware of an error, please contact us. Privacy Policy Importance of Your Privacy. your privacy is of great importance to us. We understand that you entrust us with your private information to provide various services described. Under no circumstances will The Network Machine SāRL sell or share any personal information about you to or with any person or organization except (i) as authorized by you, (ii) as may be required by law or court order, or (iii) as otherwise set forth in this Privacy Policy. The Privacy Policy below describes the standards we adhere to in handling information about you and any personal information you submit through this The Network Machine SāRL website. PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING ANY OF THE NETWORK MACHINE SāRL’s SERVICES. BY USING ANY SUCH SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, SIMPLY EXIT THIS PAGE WITHOUT ACCESSING OR USING OUR WEB SITE OR ANY OF OUR SERVICES. Personal information: No personal information will knowingly be passed for gain or for any other intent to any third party. The Network Machine SāRL Members' Area incorporates a Directory of members. Inclusion in the Directory of members is a compulsory part of The Network Machine SāRL membership. The Directory of members is, to our best intent, visible to other members only. This information will contain personal information submitted by the membership and strictly authorised for use by The Network Machine SāRL by each specific member. Security: The Network Machine uses secure technology to protect your data at every stage. Although The Network Machine SāRL has taken reasonable measures to ensure that your personal information is delivered and disclosed only in accordance with your wishes, we cannot guarantee that the personal information you provide will not be intercepted by others, eg by hackers or other illegal parties. Forum and Chat: All information posted on The Network Machine Forums and Chat is deemed to be acceptable for use under the terms laid out in the Submissions section of The Network Machine SāRL terms and conditions. It may not be reprinted, copied or published in any way outside The Network Machine SāRL Website. Please see additional information under the Submissions section of the terms and conditions. Member Account and password security You will receive a password and account designation upon completing the Service's registration process either directly by You or via Our manual intervention. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Network Machine SāRL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Network Machine SāRL cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Submissions Any information, know-how, idea, suggestion, material, or other content provided to Us or posted on The Network Machine SāRL, will be collectively referred to herein as a “Submission.” When providing a Submission you agree to abide by the Code of Conduct below. A Submission not owned by You or for which You have no permission to submit will be considered a violation of this Agreement, and may be a violation of federal and/or state intellectual property and/or other applicable laws. You specifically represent that for any Submission provided to Us it does not violate the copyright or any other personal or property right of any third party, and that You have obtained any and all releases and permissions necessary for posting the information. We provide no compensation for Your Submission or for Our use of a Submission. Any Submission received through this, The Network Machine SāRL website will be deemed to include to Us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, republish, transmit, disseminate, distribute, perform, and publicly display all content, remarks, suggestions, ideas, graphics, or other information in the Submission, in whole or in part, without additional approval, to incorporate any Submission in other works in any form, media, or technology now known or later developed, in connection with this Site and Our affiliated web sites and publications. We will not be required to treat any Submission as confidential unless as otherwise agreed. We provide no guarantee that a Submission will be posted or published. We reserve the right to refuse to post, or may remove at any time, any Submission received through this Site for any reason. Code of Conduct You agree not to do the following: Use the Site for any unlawful purposes. Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without the User's permission, (b) obtaining or soliciting another User's password or other personal information under false pretenses, or (c) impersonating another User or otherwise misrepresenting Yourself to Us, the Site's systems, or other entities. Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, (b) accessing, or attempting to access, any portion of the Site that You are not authorized to access; and/or (c) modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site. Unauthorized access (or attempts) may subject You to civil and/or criminal penalties. Post, store, or transmit any unlawful, harassing, inflammatory, libelous, threatening, false, defamatory, abusive, obscene, harmful, vulgar, nude, pornographic, profane, or otherwise objectionable, as determined by Us. Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. Post, store, or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose, and subject to applicable Site rules. Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component. Use the Site to post, store, or transmit materials in violation of another party's copyright or other intellectual property rights. You are solely responsible for determining whether any material You post, store, or transmit is subject to a third party's rights. Misuse any email information available on or through the Site. This includes, without limitation, sending unsolicited commercial email to any User, bulk emails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions. Law Enforcement Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For Your protection, We reserve the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. We will also comply with all court orders involving requests for such information. Confidentiality of Site While We endeavor to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, We and our Affiliates are not responsible for the security of any information transmitted via the Internet. You assume the sole and complete risk for using this Site. Third-Party Information and Web Sites Certain information from third parties or independent information providers may be made available on or through links from this Site for Your convenience in locating related information and services. Such information is provided “as is” and on an “as available” basis and is maintained by third parties over which We exercise no control. We make no representation about, nor do We guarantee or endorse the reliability of the information. Likewise, We do not endorse, oppose or edit any opinion or analysis expressed by any third-party information provider. WE MAKE NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRDPARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRDPARTY SITE. We do not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Use of thirdparty sites is at Your own risk. Advertisers on this Site We, in Our sole discretion, may post advertisements of third parties on the Site. Your correspondence or any other dealings with advertisers found on this Site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of such advertisements. By accepting this agreement you also accept to receive occasional advertising emails sent directly from TNM-NETWORK site. Disclaimer of Warranty and Limitation of Liability Use of this Site is entirely at Your own risk and is subject to all applicable state, national and international laws and regulations. ALL MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, AND/OR PUNITIVE DAMAGES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, OR USE OF, THE SITE; (B) ANY PRODUCTS, SERVICES, INFORMATION, ACTIVITIES, AND/OR MATERIALS AVAILABLE ON OR THROUGH THE SITE; (C) ANY BREACHES OF SECURITY INVOLVING THE SITE OR YOUR ACCOUNT, ANY LACK OF AVAILABILITY AND/OR OPERATIONAL PROBLEM OF THE SITE; AND/OR (D) ANY VIRUSES OR OTHER CODE THAT MAY AFFECT YOUR COMPUTER EQUIPMENT AND/OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. Term and Termination This Agreement will take effect at the time You begin using this Site (thereby indicating acceptance of these Terms and Conditions). We reserve the right at any time and for any reason to deny You access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Limitation of Service We reserve the right to limit, in Our sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any service, and/or information made in connection with the Site is void where prohibited. Indemnification You will defend, indemnify, and hold harmless Us and all of Our employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, demands, proceedings, damages, injuries, liabilities, losses, costs, and/or expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from Your use of the Site, any breach by You of this Agreement, and/or any other matter for which You are responsible hereunder or under law. Waiver Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Governing Law & Dispute Resolution The validity, construction, and performance of these Terms and Conditions shall be construed in accordance with Swiss Law. Any disputes arising in connection with these Terms and Conditions shall be resolved by binding arbitration in Switzerland by a single arbitrator under the rules of arbitration. The award shall be enforceable in any court having jurisdiction thereof. Exclusive venue for such arbitration shall be in Switzerland. The Site is controlled and operated by Us from Our offices within Switzlerand. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If You choose to access this Site from other locations, You do so on Your own volition and are responsible for compliance with any applicable local laws. Costs & Legal Fees In any action to enforce this Agreement, the prevailing party will be entitled to reasonable costs and legal fees. Severability If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. No Agency No joint venture, partnership, employment, or agency relationship exists between you and Us as a result of this Agreement or Your utilization of this Site. Entire Agreement/Reservation of Rights These Terms and Conditions and the provisions of the Privacy Policy, which are hereby incorporated and as set forth fully in these Terms and Conditions, represent the entire agreement between You and Us with respect to Your use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Us with respect to the Site. Any rights not expressly granted herein are reserved. Use of Agreement in Judicial/Administrative Proceedings A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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