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Confidentiality, Warranty...

Confidentiality and Proprietary Rights:WEBLOGO

As used herein, "Confidential Information" shall mean any and all technical or business information, including third party information, furnished in connection with this Agreement, in whatever tangible form or medium, or disclosed by Client to Dive The Web Creations - Web Development (including, but not limited to, product/service specifications, prototypes, computer files and programs, models, drawings, marketing plans, financial data and personnel statistics).
Notwithstanding the termination, expiration or cancellation of this Agreement, Dive The Web Creations - Web Development agrees to treat such Confidential Information as confidential for a period of three years from the date of receipt of same unless otherwise agreed to in writing by Client, and that during such period Dive The Web Creations - Web Development shall use same solely for the purposes of this Agreement unless otherwise allowed herein or by written permission of Client.' In handling the Confidential Information, Dive The Web Creations -  Web Development agrees:' (1) not to copy such Confidential Information unless specifically authorized; (2) not to make disclosure of any such Confidential Information to anyone except employees and independent contractors and subcontractors to whom disclosure is necessary for the purposes set forth above; and (3) to appropriately notify such employees and independent contractors and subcontractors that the disclosure is made in confidence and shall be kept in confidence in accordance with this Agreement.' The obligations set forth herein shall be satisfied by Dive The Web Creations -  Web Development through the exercise of at least the same degree of care used to restrict disclosure and use of its own information of like importance but not less than a reasonable degree of care.' Notwithstanding any other provisions of this Article, Confidential Information may be disclosed as may be required by law, regulation or court or agency order or demand, after prompt prior notification to the Client of such required disclosure.
Dive The Web Creations -  Web Development agrees that in the event permission is granted by Client to copy Confidential Information, or that copying is otherwise permitted hereunder, each such copy shall contain and state the same confidential or proprietary notices or legends, if any, which appear on the original.' Nothing herein shall be construed as granting to either party any right or license under any copyrights, inventions, or patents now or hereafter owned or controlled by the other party.' Upon termination, cancellation or expiration of this Agreement for any reason or upon request of the disclosing party, all Confidential Information, together with any copies of same as may be authorized herein, shall be returned to the Client.
The obligations imposed in this Article shall not apply to any information that:' (1) is already in the possession of or is independently developed by the receiving party; or (2) is or becomes publicly available through no fault of the receiving party; or (3) is obtained by the receiving party from a third person without breach by such third person of an obligation of confidence with respect to the Confidential Information disclosed; or (4) is required to be disclosed pursuant to the lawful order of a government agency or disclosure is required by operation of the law.
The requirements of use and confidentiality set forth herein shall survive the expiration, termination or cancellation of this Agreement.

Warranty Disclaimers:
Client represents and warrants to Dive The Web Creations -  Web Development that Client has the power and authority to enter into and perform its obligations under this Agreement
Dive The Web Creations - Web Development shall perform all Services in a good and workmanlike manner in accordance with industry standards.
Dive The Web Creations - Web Development hereby warrants that the provision of the Services shall meet the requirements and perform the operations and functions in accordance with and as set forth in the relevant Task Order or Change Order.
Dive The Web Creations -  Web Development makes no representations or warranties, express or implied, with respect to the Product described herein, including without limitation, any representations or warranties concerning the design, use or performance of any such Product or any implied warranty of merchantability or fitness for a particular purpose.
Products are sold 'as is' and the Client assumes the entire risk as to their quality, performance or suitability. In no event will Dive The Web Creations -  Web Development be liable to Client under any Order for direct, indirect, special, incidental or consequential damages (such as loss of profits) resulting from any defect in the Services or the Products, their documentation or their installation, even if advised of the possibility of such damage. In particular, Dive The Web Creations - Web Development does not warrant that the operation or use of the Product will be error free and uninterrupted.


Limitation of Liability and Disclaimers:
Security: Client is solely responsible for the security, confidentiality and integrity of all messages and the content received, transmitted through or stored on any email/web hosting or server hosting service (the 'Hosting Service'). Client is solely responsible for any authorized or unauthorized access to Client's accounts by any person. Client agrees to bear all responsibility for the confidentiality of any passwords and all use or charges incurred from use of the Hosting Service with Client's password.

Privacy:
It is the policy of Dive The Web Creations - Web Development to respect Client's privacy. Dive The Web Creations -  Web Development will not monitor, edit, or disclose any personal information about Client's accounts, including hosted content, without Client's prior consent, unless Dive The Web Creations -  Web Development has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any relevant authority; (ii) protect and defend the rights or property of Dive The Web Creations -  Web Development; (iii) enforce the terms of a Task Order, this Agreement or these Terms and Conditions; or (iv) protect the interests of users of Dive The Web Creations -  Web Development Hosting Services other than Client or any other person. Client acknowledges and agrees that Client's IP address is transmitted and recorded with each message sent from the Hosting Service.

Governing Law:
The validity, interpretation and performance of the rights and obligations of the Client and Dive The Web Creations -  Web Development are governed by the laws of Egypt without regard to its rules concerning conflicts of law.
The parties hereto irrevocably consent to suit and submit to the jurisdiction of the courts located in Belgium.

For any further queries or additional explanations of the above general conditions, refer to our website or via:


OCEANROAMERS – DIVETHEWEBCREATIONS
Bredabaan 339, 2930 Brasschaat, Belgium

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www.divethewebcreations.com