Terms Of Use

XDepth.com Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS ("TERMS OF USE"), DO NOT USE THIS WEBSITE.

Acceptance of Terms of Use

Trellis Management Co. Ltd. ("Trellis Mgmt") makes this Website www.xdepth.com and Trellis Mgmt domains included within this internet website ("Website"), including all information, graphics, documents, text, products and all other elements of the Website and all products offered on this Website and services operated through the Website, available for your use subject to the terms and conditions set forth in this document ("Terms of Use"). By accessing and using this Website, using any Trellis Mgmt services, downloading and/or purchasing any products, you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Website and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Website. If you do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Website, then you should NOT use the part of the Website which contains such Content or through which such transactions may be concluded and you should NOT use such Content or conclude such transactions. Also, when you use any current or future Trellis Mgmt services or visit Trellis Mgmt's or its affiliates' websites or purchase any products or services of Trellis Mgmt or any business affiliated with Trellis Mgmt, whether or not included in the Website, you will be subject to the guidelines and conditions applicable to such services or business.

These Terms of Use may be amended by Trellis Mgmt at any time. Such amended Terms of Use shall be effective upon posting on this Website. Please check the Terms of Use published on this Website regularly to ensure that you are aware of all terms governing your use of this Website. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the "Content") or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

Trellis Mgmt reserves the right to make changes or updates with respect to or in the Content of the Website or the format thereof at any time without notice. Trellis Mgmt reserves the right to terminate or restrict access to the Website or any portion thereof for any reason whatsoever at its sole discretion.

Warranties and Disclaimers

Although care has been taken to ensure the accuracy of the information on this Website, Trellis Mgmt assumes no responsibility therefor. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." TRELLIS MGMT HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT. TRELLIS MGMT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. TRELLIS MGMT DOES NOT WARRANT THAT THE WEBSITE OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY TRELLIS MGMT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

The use of the services or the downloading or other use of any products through the Website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Trellis Mgmt assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Website or in connection with any services or products offered through the Website. No advice or information whether oral or written, obtained by you from Trellis Mgmt or from the Website shall create any warranty not expressly stated in these Terms of Use.

The Website may contain references to specific Trellis Mgmt products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

IN NO EVENT SHALL TRELLIS MGMT OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF TRELLIS MGMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST TRELLIS MGMT PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND NOTIFIED TO TRELLIS MGMT IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Links to Other Sites

This Website may provide links to other websites that are not under the control of Trellis Mgmt. Trellis Mgmt shall not be responsible in any way for the content of such other websites. Trellis Mgmt provides such links only for the convenience of the users of this Website, and the inclusion of any link to any such websites does not imply endorsement by Trellis Mgmt of the content of such websites.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Content (including but not limited to software, services, audio, video, text and photographs) rest with Trellis Mgmt and/or its licensors. Unless otherwise specifically provided herein or authorized by Trellis Mgmt in writing, all rights in the Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Products or its Services. Except as otherwise provided, the Content published on this Website may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Trellis Mgmt is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Trellis Mgmt hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein or otherwise provided on this Website are the properties of their respective owners. Trellis Mgmt disclaims any proprietary interests in the intellectual property rights other than their own.

Feedback

You may from time to time provide suggestions, comments or other feedback to Trellis Mgmt with respect to any product, material, software or information provided by Trellis Mgmt (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Trellis Mgmt. However, Trellis Mgmt shall not disclose the source of any feedback without the providing party's consent. Trellis Mgmt shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either party's obligations hereunder with respect to the information protected pursuant to any Trellis Mgmt's privacy policies posted on this Website.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Trellis Mgmt's Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Trellis Mgmt and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trellis Mgmt's Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Trellis Management Co. Ltd.
C/O Centro Comercial Plaza Colonial, 2do piso, Oficina 2-3
San Rafael de EscazĂș, Costa Rica
Mail box: 699-1260

Information and Materials Provided By You

Unless otherwise specifically provided herein or authorized by Trellis Mgmt in writing, any materials or information submitted to, sent through or in connection with this Website by you ("User Materials"), will be treated as non-confidential and non-proprietary, and immediately become the property of Trellis Mgmt, subject to any privacy policies posted on this Website. Trellis Mgmt may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

Software

Software made available for downloading from or through this Website is licensed subject to the terms of the applicable end use license agreement. Both the Software and any accompanying documentation made available through this Website are the copyrighted work of Trellis Mgmt. You must agree to the terms of the applicable end user license agreement prior to use of the Products made available by Trellis Mgmt through this Website.

Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by Trellis Mgmt in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its Products or Services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. TRELLIS MGMT HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Without limiting the foregoing, Trellis Mgmt makes no warranty that: the services and products will meet your requirements; the services and products will be uninterrupted, timely, secure, or error-free; the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable; the quality of any services or products purchased or accessible by you through the Website will meet your expectations; any errors in the software obtained from or used through the Website, or any defects in the Website, its services or products will be corrected.

Publicly-Edited Sections

This Website may contain pages or sections which may be edited by and are visible for all visitors of this Website, including but not limited to forums, chats, guestbooks, comments, image galleries, Wikis ("Publicly-Edited Sections"). Any notes, postings, ideas, suggestions, concepts, or other material submitted to Publicly-Edited Sections will become the property of Trellis Mgmt and Trellis Mgmt shall be entitled to use such material for any type of use forever, including in any media whether now known or hereafter devised.

Discretion should be used in entering personally identifiable information within Publicly-Edited Sections, as it may be collected by third parties. Use of personally identifiable information contained in the Publicly-Edited Sections, and your options regarding our use of this information, are subject to Trellis Mgmt's privacy policies posted on this Website.

Trellis Mgmt reserves the right to modify and/or delete any message submitted to the Publicly-Edited Sections, at its sole discretion, at any time and for any reason, including, but not limited to material which in Trellis Mgmt's opinion:

(A) may constitute libel, defamation, invasion of privacy, or is obscene, pornographic, abusive, or threatening;
(B) may infringe any intellectual property or other right of any entity or person;
(C) may violate any applicable law or advocates illegal activity;
(D) advertises or otherwise solicits funds or is a solicitation for goods, services, advertisers or sponsors or otherwise engages in commercial activity;
(E) disrupts the normal flow of dialogue or otherwise acts in a way which affects the ability of other people to engage in real time activities via Trellis Mgmt's websites;
(F) includes programs which may contain viruses, worms, trojan horses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication;
(G) includes MP3 format files;
(H) violates any policy or regulation established from time to time regarding use of this Website or any networks connected to this Website;
or
(I) contains links to other sites that contain the kind of content which falls within the descriptions set out in (A) to (H) above.

Unlawful or Prohibited Use

You may not use this Website for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any third party's use and enjoyment of this Website. You agree that you will not use any third-party software that intercepts, "mines", or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Trellis Mgmt to all users of this Website. You shall not institute, assist, or become involved in an attack upon any Trellis Mgmt server or otherwise attempt to disrupt the Trellis Mgmt servers. ANY ATTEMPT BY YOU TO DAMAGE TRELLIS MGMT SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF TRELLIS MGMT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, TRELLIS MGMT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless Trellis Mgmt, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Use.

Linking to this Website

Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of the Website or to any other page of the Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Trellis Mgmt endorses or sponsors the linker or its site, products or services. You must not use Trellis Mgmt's intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Trellis Mgmt. Furthermore, you agree to remove the link at any time upon Trellis Mgmt's request.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York (U.S.A.) without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of the State of New York (U.S.A.) for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Website, provided that such exclusivity does not apply to legal actions initiated or brought by Trellis Mgmt.

Trellis Mgmt does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any state. Those who access this Website do so on their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at www.xdepth.com/contact.php.
Please also have a look at our Privacy Policy at www.xdepth.com/privacy.php.