Acceptance of Terms
Description of Service
ApiManager provides software for online beekeeping data, beehives and apiary management. ApiManager helps you manage beehives and apiaries in the easy way. You may use the Services for your personal and business use. You may connect to the Services using application ApiManager supported by the Services. You are responsible for obtaining access to the Internet and the equipments necessary to use the Services.
Restrictions on Use
You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Terms. ApiManager hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use it’s Services. Notwithstanding the foregoing, you acknowledge and agree that you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services, Application or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for time sharing, service bureau, or commercial purposes (iv) remove or alter any proprietary notices or labels on or in the Services, Application or Site Content; or (v) engage in any activity that interferes with or disrupts the Services. This limited license terminates automatically, without notice to you, if you breach any of these terms of this policy. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Services, Site, or any Materials.
In order to access certain services on the Site and the App, you will be required to complete a registration and to provide specific information. If you register as a User or otherwise use the Services, you represent and warrant to ApiManager that: (i) you are of legal age to form a binding contract; (ii) you will provide ApiManager with accurate, current and complete registration information in ApiManager’s registration form (the “Registration Data”); and (iii) your registration and your use of the Services is not prohibited by law. You agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ApiManager has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ApiManager has the right to suspend or terminate your account and refuse any and all current or future use of the ApiManager Services (or any portion thereof). You should not share your password or use the Services using the registration of any third party. You are responsible for maintaining the confidentiality of your password and account, and agree to notify ApiManager if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify ApiManager of any unauthorized use of your account or any other breach of security in relation to this Site known to you.
Trademarks, images, logos, all the text, compilations (meaning the collection, arrangement and assembly of information) and other content on this website, other than User Content as defined below (“User Content”), and all software embodied in this website or otherwise used by ApiManager to deliver the Services (“Software”) is proprietary to us or to third parties, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited. The marks “ApiManager” and ApiManager logo’s are trademarks of ApiManager, and they may not be used in connection with any service or products other than those provided by ApiManager, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ApiManager. Any use of such marks, or any others displayed on the Services, will inure solely to the benefit of their respective owners.
License to Use the Services
ApiManager may make reasonable modifications to the Services at any time. You may not remove any copyright, trademark or other proprietary notices that have been placed on the ApiManager Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the ApiManager Property, or any portion of the ApiManager Property, is strictly prohibited without the prior written permission of ApiManager. You agree, and represent and warrant, that your use of the Services and the ApiManager Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the ApiManager Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
As part of using ApiManager, you may insert, edit, submit, handle in any other way, or distribute using ApiManager, sensitive beekeeping business data, beekeeping operating data, beekeeping production data, personal contact and third party data, and other materials and information (collectively, “User Content”). The User Content remains your property, and ApiManager does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that: your User Content may be associated with your ApiManager account, and that accordingly your User Content will be attributable to you, that third parties will possibly gain access to your User Content through the Services, and ApiManager shall in no event be liable to you for any use or misuse of your User Content by any third party.; you grant ApiManager and its Partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense, to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using ApiManager and for the purposes of promotions and advertising of ApiManager and its Partners. You represent and warrant that you own all proprietary and business rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to store the User Content and to grant the licenses granted hereunder, and that your storing and handling of the User Content, and the exercise by ApiManager, its Partners and Customers of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and if any royalties are payable to any third party for exploitation of User Content stored or handled by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties. ApiManager is under no obligation to edit or control User Content that you and other users store to or distribute, and will not be in any way responsible or liable for User Content. ApiManager does not vet or control the Customers or other individuals that use the Services. You store, access and use User Content at your own risk, and ApiManager and its Partners shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. No user of the Services shall: Use, store, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws; Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content; Except as otherwise permitted by this Agreement, harvest or otherwise collect data about others, including email addresses, without their consent; Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in ApiManager’s sole judgment, exposes ApiManager, its Partners, or any of their officers, directors, employees or agents to any liability or detriment of any type.
No user of the Services shall store, upload to, distribute through or otherwise use in connection with the Services any User Content that: Is libelous, defamatory, threatening, abusive, harassing, scandalous, obscene, invasive of another’s privacy, pornographic, harmful to minors or unlawful or that encourages a criminal offense; Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others; or Harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; Is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; Constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; or contains non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. ApiManager reserves the right (but is not obligated) to do any or all of the following: record Customer Content; investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement; remove Customer Content or Customer registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement; monitor, edit or disclose any Customer Content or Customer registration information; or edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement. ApiManager has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Third Party Websites
We may provide links and pointers to Internet sites maintained by others who are independent from ApiManager (“Third Party Sites”). We have not reviewed all of the Third Party Sites linked to the Site and are not responsible for the content of or any products or services offered on such Third Party Sites. ApiManager makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website. Your linking to any other website is at your own risk. From time to time, ApiManager may display or otherwise make available promotions, advertisements and/or offers provided by third parties (“Third Party Promotions”). You understand and agree to hold ApiManager harmless and agree that ApiManager shall have no liability whatsoever for such Third Party Promotions. If you participate in, click on, or otherwise link to such Third Party Promotions you do so solely at your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.
Warranty Exclusions and Limitations of Liability
We will make reasonable efforts to keep the Services operational 24 hours a day, 7 days a week, except for: (i) planned downtime; or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or Internet service provider failures or delays. ApiManager warrants that the Services and ApiManager Property will conform substantially to the descriptions set forth on the ApiManager website. However, ApiManager does not warrant that the Services or ApiManager Property will operate error-free or without downtime. ApiManager may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to ApiManager Services. In the event of any breach of this warranty, the Customer’s sole and exclusive remedy, and ApiManager’s sole and exclusive liability, shall be (at ApiManager’s option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, ApiManager makes no representations or warranties of any kind regarding the Services or the ApiManager Property. ApiManager expressly disclaim any and all warranties, whether express or implied, including: all warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any and all warranties arising from course of dealing and usage of trade; that the Services and ApiManager property will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the Services or ApiManager property, and as to the accuracy or reliability of any information obtained from the Services or the ApiManager property. No advice or information, whether oral or written, obtained by you from ApiManager or through the Services will create any warranty not expressly stated herein. Participating in any physical activity involves some risk of physical injury or death. ApiManager and its Partners do not assume any responsibility for the content of ApiManager, for the behavior of users, or for any other risk of bodily injury or death arising in connection with using ApiManager. ApiManager and its Partners are not responsible for ensuring access to the locations where ApiManager is used. Users participate in ApiManager at their own risk. Under no circumstances will you be entitled to recover from ApiManager or any partner any incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the Services or ApiManager property, even if ApiManager or such partner has been informed or should have known of the possibility of such damages. in any event, the maximum aggregate liability of ApiManager and its partners for any and all damages arising from the services or the ApiManager property shall be a refund of the amount paid by you to ApiManager, if any. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you.
As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
Applicable Law and Jurisdiction; Compliance
You and ApiManager agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of Croatia, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Croatia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than Croatia, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Site Content in violation of Croatian export laws or regulations.
No delay or omission by ApiManager in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by ApiManager of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to” and the term “partner” is used solely to denote another entity with whom ApiManager has a sponsorship or marketing agreement, not a participant in a legal partnership with a view to conducting a business enterprise in which participants share profits and losses. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and ApiManager regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Modification & Termination Of These Terms
ApiManager reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. We may also modify these Terms from time to time. When we do, we will post the updated Terms and will note the date it was last revised. When you use the Site after those updates are posted, you are deemed to accept and agree to be bound by those changes. These Terms will continue to apply until terminated by either you or ApiManager as described below. If you choose to terminate your legal agreement with ApiManager, you may do so by canceling Your Account on the Site.
We may terminate these Terms, terminate your access to all or part of the Site or our Services, or suspend any user’s access to all or part of the Site or our Services, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. If we terminate your service, or you terminate the service, you will not be entitled to any refund of any sum you have paid us, and we may delete any User Material or other materials relating to your use of the Site and/or our Services on Company’s servers or otherwise in its possession. You acknowledge that Company shall not be liable to you or any third party for any termination of your access to the Site and/or our Services.
You agree that termination will not relieve you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which our Services were terminated. All sections which by their nature should survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.