Terms of Use

Welcome to Tusanga.

Terms of Use as of March 30, 2012.

Acceptance of Terms
The following terms and conditions ("Terms of Use") regulate the relationship between Adam Williams ("Tusanga") and you. In the following the term "Site" will be used when referring to the tusanga.com website including all its sub-domains, services, documentation, hardware and software. Please read the following Terms of Use carefully through before using the Site.

Usage of the Site is subject to these Terms of Use. By using the Site, you agree to be bound by the Terms of Use and to ensure that anyone who uses the Site on your computer also abides by the Terms of Use. If you do not agree to the provisions of the Term of Use, you must discontinue your use of the Site.

Tusanga reserves the right to revise the Terms of Use by updating this posting at any time without providing other notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. Please review the Term of Use from time to time, so that you will be informed of any changes.

These Terms of Use constitute the entire set of terms and conditions regulation your use of the Site. Any supplementary agreement must be in writing and signed by Tusanga. Should any court of competent jurisdiction find any provision or portion of the Terms of Use to be unenforceable or unlawful, the remainder of the Terms of Use will continue in full force and effect.

Governing Law
The Terms of Use will be governed by and constructed exclusively in accordance with the laws of Denmark, without giving effect to any principles of conflicts of law.

Place of Venue for both parties regarding any dispute is the court competent for Tusanga. Irrespective of the latter provision, Tusanga shall retain the right to institute legal proceedings with a court that would be competent if this provision was missing.

License
Tusanga grants you a personal, non-exclusive, non-transferable, limited license to use the Site for the purpose of calculating provided that you agree with the Terms of Use. You may terminate the license at any time by discontinuing your use of the Site. Tusanga may terminate the license at any time. This license will terminate immediately if you fail to comply with any term or condition of this Terms of Use. In addition, Tusanga reserves the right to refuse service to anyone for any reason at any time, including, but not limited to, refusal of service as a result of excessive or abusive usage. In any such event, no notice shall be required by Tusanga to effect such termination. In case of termination you must discontinue your use of the Site.

The Terms of Use is not assignable, transferable or sublicensable by you except with Tusanga's prior written consent. Tusanga may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.

Description of Service
Tusanga provides you through the Site with access to an online, numeric & symbolic calculator. Potentially it may contain inaccuracies and errors.

Without limiting the foregoing, the Site is not designed or licensed for use in and with hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Tusanga reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

The Site is only to be accessed over the Internet. Tusanga does not provide the nesessary means to connect to the Internet. You are responsible for obtaining, installing, maintaining, and operating all computer hardware, software, and Internet access services necessary to use or access any aspect of the Site. Tusanga will not be responsible for any errors or problems that arise from the malfunction or failure of your hardware, software, or any Internet access services.

Privacy and Protection of Personal Information
Tusanga is committed to protecting your privacy. Please see our Privacy & Security Policy for details.

You are responsible for keeping your password secure.

Disclaimers of Warranties and Limitation of Liability
The Site was created with great care. However, the Site is provided "as is", and Tusanga makes no representations or warranties of any kind, express, implied or statutory, including but not limited to, warranties of merchantability, fitness for any particular purpose, accuracy or suitability of the information provided, or non-infringement of any patents, copyrights, trademarks or other rights.

Tusanga makes no representations or warranties of any kind regarding security, reliability, timeliness and performance of the services provided, including that the Site will be uninterruptedly available, error-free or that the Site and the server, that hosts the Site, are free from viruses and other forms of harmful computer code.

Tusanga makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Usage of the Site is at your own discretion and risk and you are solely responsible for any damages that results from the use of the Site.

Under no circumstances shall Tusanga be held liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damage arising out of any use of the Site, even if advised of the possibility of such damage. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Site, from inability to use the Site or from the interruption, suspension or termination of the services provided.

This exclusion and limitation only applies to the extent permitted by law.

Indemnity
You agree to defend, indemnify and hold harmless Tusanga and any partners from and against any claim, liability, demand or expenses, including reasonable attorneys' fees, due to or arising out of content you submit to, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity. You will cooperate as fully as reasonable required in the defense of any claim.

External Links
The Site provides links to other World Wide Web sites or resources. The sites linked to were at the time of link placement tested for unlawfulness and infringement upon rights. Such content was not found. If Tusanga becomes aware of an infringement upon rights due to links on the Site, the links will be removed.

Because Tusanga has no control over such sites and resources, Tusanga cannot assume responsible for the accuracy, completeness, topicality or availability of such external sites or resources. Further Tusanga does not assume responsibility or liability - directly, indirectly or other - for content, advertising, products or other materials on or available from such sites or resources as well as 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 any such site or resource.

Copyright Infringements
Tusanga will investigate notices of infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Tusanga.

Proprietary Rights
The Site contains intellectual property and proprietary and confidential information that is protected by applicable laws and treaties.

Submissions
Tusanga is pleased to hear from users and welcome your comments regarding the Site. Unfortunately, Tusanga's policy is not to accept or consider creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, "Submissions") other than those that have specifically been requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects by Tusanga might seem to others to be similar to their own creative work. Please do not send any unsolicited Submissions. While we do value your feedback on our Site, we request that you be specific in your comments on the Site, and not submit any Submissions unless specifically requested by us.

If despite our request, you send us unsolicited creative Submissions, they shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.

Use of Service
You agree not to post, email, transmit or otherwise make available

  • any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
  • any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Further, you agree not to

  • disrupt the operations of the Site, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • excessivly or abusivly use the Site - including any usage that affects normal server/system operation, resources or connectivity, or which causes a server/system to become overloaded.
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to any regulations having the force of law;
  • copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site, and not allow any third party to likewise;
  • modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
  • access the Site by any means other than through the interface that is provided by Tusanga for use in accessing the Site;
  • reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site;
  • modify, adapt or hack another website so as to falsely imply that it is associated with the Site;
  • send queries not generated by humans or automated queries of any sort to the Site.

Export Control
This Site may not be used from or used by a national or resident of one of the countries Belarus, Burma, Cote d'Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, Libya, North Korea, Sudan, Syria, Zimbawe or any country to which the United States or Denmark embargoes goods, services or software.
By using the Site you are certifying that you are not a national or resident of one of the above listed countries or any country to which the United States or Denmark embargoes goods, services or software and that you are not a person on one of the following lists:

  • U.S. Commerce Department's Denied Persons List
  • U.S. Commerce Department's Unverified List
  • U.S. Commerce Department's Entity List
  • U.S. Treasury Department's List of Specially Designated Nationals.
  • U.S. State Department's Debarred List

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If you would like to contact Tusanga you may do so by e-mailing tusanga@tusanga.com or visit the Contact Us page.

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