AVCaesar

General Terms and Conditions/ Terms of Service and Privacy Policy

Last modified on 11 September 2013.

These General Terms / Terms of Service (hereof referred to as "Terms") govern your access to and use of avcaesar.malware.lu and our products and services (hereof referred to as "Services"), and any information, text, graphics, URLs, files, audio, video, photos or other materials uploaded, downloaded or appearing on the Services (hereof referred to as "Content"). Any reference to “you” or “your” means you as user of the Services, any reference to “we”, “us”, “our” or “AVCaesar” is to itrust consulting s. à r. l., the company that owns AVCaesar. Unless otherwise specified, these Services are for your personal and non-commercial use. By using and/or accessing our Services, you agree that you have read, understood and consent to be bound by these Terms.

Use of the Services

You must follow all policies made available to you within the Services. You also agree: to use the Services only for lawful purposes, in a manner which is not expressly prohibited by these Terms, and in a manner which does not infringe the rights or interests of AVCaesar or third parties; to abstain from any activity that could damage, overload, harm or impede the normal functioning of the Services. Similarly, and in accordance with applicable legislation, you will refrain from illicitly or fraudulently obtaining or using content; and not to use the Services in any way that could directly or indirectly hinder the antivirus industry/URL scanner industry.

Account Creation and Deletion

AVCaesar offers certain Services that may require the creation of a personal account. Depending on the information provided in the registration and profile building process, this account may uniquely identify you. Users who wish to cease their activity in AVCaesar may perform the cease request through our public contact form.

Passwords and Personal Keys/Credentials

You are responsible for safeguarding any password/keys/credentials used to access the Services and for any activities or actions under these credentials. We recommend the use of "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols and consist of at least 11 positions). AVCaesar cannot and will not be liable for any loss or damage arising from your failure to comply with this guidance.

Security

Security for all personally identifiable information is extremely important to us. Once we receive your transmission, we make our best efforts to ensure its security on our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, AVCaesar cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Privacy

AVCaesar’s Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services.

Your Content in our Services

Access to the public AVCaesar website is free of charge, with the exception of any specific pricing conditions that may apply to certain Services. You retain all ownership rights in any submission you may make and you confirm that you are the original owner of any content you submit or that you have the necessary rights and permissions to authorise us to use your content. In particular, you promise that you have obtained the permission of all of the people featured or referred to in the Content (and if they are under 18 their parents or guardians as well) to our use of the Content on the Services. You agree to give us evidence of all such rights and permissions if so requested by us. When you upload or otherwise submit content, you give AVCaesar (and those we work with) a worldwide, royalty free, irrevocable and transferable licence to use, edit, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. If you do not want the content provided by you to AVCaesar to be disclosed, AVCaesar offers the functionality to submit anonym samples. In this case, the sample will be deleted immediately after the analysis. The results of the analysis can be manually deleted by the submitter. If you do not accept the manner on how AVCaesar treats provided content as set out in these Terms or in the Privacy Policy, do not send it/share it with AVCaesar. Any feedback, comments, or suggestions you may provide regarding AVCaesar or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Intellectual Property Rights

Any and all intellectual property rights associated with the Web Site and its contents (including, but not limited to: text, graphic images, audio, video, html code, buttons, trademarks, software, logos) are the sole property of AVCaesar, unless otherwise clearly indicated or in any other way perceivable as third party rights. The above-mentioned content may not be sold, distributed, transmitted, copied, modified or decompiled, in any way, without the prior written consent of AVCaesar. Any unauthorised use of the content is expressly prohibited and may constitute a violation of copyright law, trademark law, patent law or other industrial property rights.

Changes in Services

The Services provided by AVCaesar are constantly evolving, and the form and nature of the Services that AVCaesar provides may change from time to time without prior notice to you. Any changes to the Services, including the release of new AVCaesar features, are subject to these Terms. In addition, AVCaesar may stop (permanently or temporarily) providing the Services (or any features within the Services) without providing prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Use of cookies

Cookies are pieces of information that a Web site transfers to an individual's computer hard drive for record keeping purposes. Cookies make using our Web Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Web Site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. (Note: you will need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Web Site will not function properly or may be considerably slower.

Disclaimers

Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, AVCAESAR DISCLAIMs ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. You also agree that AVCaesar has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services. This Website may contain links to Websites not operated, controlled or supervised by AVCaesar. These links are provided solely as a convenience for you. If you follow these links, you'll leave the Website, and will be subject to the terms of use and privacy policy applicable to those Websites. By providing such links, AVCaesar makes no judgment or warranty with respect to the Websites accessible through the links and AVCaesar takes no responsibility for these Websites.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVCAESAR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. If you are dissatisfied with the Web Site, its Services, its Content, or with the Terms, your sole and exclusive remedy is to discontinue using the Web Site.

Viruses, Hacking and Other Offences

You must not misuse our Services. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services or any third party content or websites.

About These Terms

These Terms and the AVCaesar Privacy Policy are the entire and exclusive agreement between AVCaesar and you regarding the Services (excluding any services for which you may have a separate agreement with AVCaesar that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between you and AVCaesar regarding the Services. Please note that we may update and amend these Terms from time to time and any changes will be posted on the website. By continuing to access the Services after any changes become effective, you agree to be bound by the revised Terms. The failure of AVCaesar to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Applicable law, competent jurisdiction

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDINGS ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, ITS INFORMATION, SERVICES AND CONTENT SHALL BE SUBJECT TO THE LAWS OF LUXEMBOURG. THE COURTS IN LUXEMBOURG SHALL HAVE EXCLUSIVE JURISDICTION.

Contact

If you have any questions regarding these Terms or the Privacy Policy, you can contact us:

itrust consulting s. à r. l. - AVCaesar
6 Zone Industrielle Bombicht
L-6947 Niederanven
Phone: +352 26 176 212
E-mail: info@malware.lu
Information provided by you via general e-mail inquiries to AVCaesar, such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.