Terms of Service

Welcome to www.translucidonline.com, a website operated by Pantha Software Ltd. (“Pantha Software", "we", “our” or "us"). These Terms of Service (“TOS”) are subject to change; we reserve the right, in our sole discretion, to change, modify, add or delete portions of this TOS at any time. The most current version of our TOS is contained on this page; please check this TOS periodically for changes. If you (“user”, “users”, “you”) use the services offered on or through translucidonline.com (the "translucidonline.com site"), you agree to the current terms and conditions outlined in this TOS. Certain translucidonline.com services have additional guidelines that apply to their use; these guidelines are posted and you are subject to them if you use our site. Pantha Software services with additional guidelines include any terms and conditions related to any of translucidonline.com’s resellers. All such rules and guidelines are incorporated by reference into this TOS. By registering as a user of www.translucidonline.com you agree to this TOS. Your ongoing use of www.translucidonline.com following the posting of any changes to this TOS constitutes your acceptance of those changes.

Translucidonline.com Services

Translucidonline.com provides web-based hosting services that include content-hosting of free and paid accounts as described in the sign-up pages as well as domain-name hosting (collectively,"translucidonline.com services"). This TOS applies to all current translucidonline.com services as well as products and services that may be added at a later date, unless stated otherwise.

General Terms of Service

You are responsible for obtaining all access lines, telephone and computer equipment (including modem) or other device necessary to access translucidonline.com services. Any and all charges associated with connecting to translucidonline.com are your responsibility.

To assist Pantha Software in protecting the quality of translucidonline.com services, you hereby consent to giving Pantha Software employees access to your account and records on a case by case basis for the purpose of investigating complaints or other allegations or abuse. We will not disclose that we are conducting or have conducted such an investigation unless required by law.

Copyrights, Patents, Trademarks

By using translucidonline.com services, you agree to abide by laws designed to protect copyrights, patents, trademarks, trade secrets or other proprietary rights associated with all content on translucidonline.com and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Such content includes, but is not limited to, information, software, photos, video, text, graphics, music, sounds and other material. All translucidonline.com content is copyrighted as a collective work under international copyright laws. Pantha Software owns a copyright as to the selection, co-ordination, arrangement and enhancement of all content on the site.

The transLucid name and logo are trademarks of Pantha Software Ltd. All other trademarks appearing on translucidonline.com are the property of their respective owners. Pantha Software's partners may have additional proprietary rights associated with the content they make available through translucidonline.com.

You may download one copy of content from translucidonline.com services on any single computer for your personal, non-commercial use only, provided all copyright and other proprietary notices are kept intact. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of or in any way exploit any translucidonline.com content in whole or in part.

Modification of translucidonline.com content or use of it for any other purpose, including the use of any such content on another website or networked computer environment, is strictly prohibited. The software on translucidonline contains elements of both open-source and closed-source code. The open-source elements are governed by the Lesser General Public License (LGPL). Closed-source elements developed proprietarily by Pantha Software - including any files, incorporated images or images generated by the software, and data accompanying the software (collectively, the "software")- are licensed to you by Pantha Software for your use; such use does not constitute transfer of title of the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise alter the software to render a human-readable form.

translucidonline.com’s Privacy Policy

Only in the case where we believe it to be reasonably necessary to comply with the law, legal process or to enforce our TOS, will we disclose to third parties certain information you provided when you registered on translucidonline.com.

User Submissions

Pantha Software does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials you submit or make available for inclusion on or through translucidonline.com ("User Submissions"). As between Pantha Software and you, you own all rights to your User Submissions. However, to enable us to provide the translucidonline.com services, you grant Pantha Software a worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed. Notwithstanding the foregoing, we will only make User Submissions contained in a private transLucid site available to individuals who have the appropriate password for that transLucid site. We do not pre-screen User Submissions and you agree that you are solely responsible for all your User Submissions.

No Resale of translucidonline.com Services

You agree not to sell, resell or exploit for any commercial purposes any portion (except for your User Submissions, to which Pantha Software agrees you retain all rights) of the translucidonline.com services, use of the translucidonline.com services or access to the translucidonline.com services.

Links

Although translucidonline.com or third parties may provide links to other internet sites or resources, Pantha Software has no control over such sites and resources. You acknowledge and agree that Pantha Software is not responsible for the availability of external sites or resources. Further, Pantha Software does not endorse and is not responsible or liable for any content, advertising, products or materials on or available from links we provide to other sites or resources. You further acknowledge and agree that Pantha Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through other sites or resources.

DISCLAIMERS OF WARRANTIES

translucidonline.com is maintained on a best efforts basis. Pantha Software is not responsible for any defects or failures associated with translucidonline.com services or any damages or monetary loss that may result from any such defects or failures. Further, Pantha Software makes no guarantees as to other sites and online information that you may access as a result of using any translucidonline.com services, including as to: (i) the accuracy, currency, content or quality of any such sites and information, or (ii) whether any search via translucidonline.com may yield unintended and objectionable content.

translucidonline.com services are provided on an “as is” and “as available” basis and you use them at your sole risk. Pantha Software expressly disclaims all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Without limitation, Pantha Software makes no warranty that our services will meet your requirements, that services will be uninterrupted, timely, secure or error-free, that any results obtained from the use of Pantha Software services will be accurate or reliable, or that the quality of any products, services, information or other material obtained through Pantha Software will meet your expectations.

Any material downloaded or otherwise obtained through the use of Pantha Software services is performed at your sole risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Further, no advice or information obtained by you from Pantha Software personnel or through Pantha Software services shall create any warranty not expressly provided for in these Terms of Service.

Limitation of Liability

You understand and expressly agree that Pantha Software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if Pantha Software has been advised of the possibility of such damages), resulting from: (i) the use or inability to use Pantha Software services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Pantha Software services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party using Pantha Software services; or (v) any other matter relating to Pantha Software services. In no event shall Pantha Software's total liability to you for all damages, losses and causes of action (whether in contract, tort, including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing the translucidonline site.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification

You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to indemnify, defend and hold harmless Pantha Software, its parents, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of our services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify Pantha Software of any unauthorised use of your account or any other breach of security known to you.

Termination and Modification

You agree that Pantha Software, in its sole discretion, may terminate your use of Pantha Software, your password, account or any part thereof, and remove and discard any content within our site for any reason, including without limitation, for lack of use or if Pantha Software believes you have violated or acted inconsistently with the letter or spirit of this TOS. In addition, Pantha Software may in its sole discretion and at any time discontinue providing the Pantha Software site and services, or any part thereof, with or without notice.

Governing Law and Other Miscellaneous Terms

These Terms of Service shall be governed by and construed in accordance with the laws of Australia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this TOS shall be filed only in state or federal courts located in Australia, NSW and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Pantha Software relating to the subject matter herein and shall not be modified by you except in writing and signed by both parties. The Terms of Service will inure to the benefit of Pantha Software's successors, assigns and licensees.

COPYRIGHT AND COPYRIGHT NOTICES

Pantha Software respects the intellectual property of others and we expect our users to do the same. In appropriate circumstances and in our discretion, we may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pantha Software's Copyright Agent the following information:

• an electronic or physical signature of 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;
• a description of where on the Pantha Software site the material you claim is infringing is located;
• your address, telephone number and e-mail address;
• a statement by you that you in good faith believe that the disputed use is not authorised by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the information in your copyright notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.

Notice of claims of copyright infringement may be sent to Pantha Software's Copyright Agent at:

Pantha Software Ltd.
Attn: Legal Department

1 RIVERSIDE HOUSE, HERON WAY
TRURO, TR1 2XN
UNITED KINGDOM