THESE TERMS OF SERVICE (“TERMS”) GOVERN THE WAY A PERSON (“YOU”) USES THE WEBSITE LOCATED AT WWW.ATHENA.SYNCITGROUP.COM (“ATHENA SEARCH”, “ATHENA”, “WE”, ”US”, “THE WEBSITE”, “OUR WEBSITE”) TOGETHER WITH ALL ASSOCIATED WEBSITES LINKED TO SUCH WEBSITE BY ATHENA SEARCH, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (THE “SITE”).
IF YOU ARE ENTERING INTO OR ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE, THE TERM “SUBSCRIBER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS IN THE AGREEMENT OR YOU DO NOT OWN THE AFOREMENTIONED AUTHORITY, YOU MAY NOT ACCESS OR USE THE ATHENA SEARCH WEBSITE AND ITS SERVICES.
Athena Search reserves the right to change, update, add or remove provisions of these Terms, at any time by posting the updated Terms on the Website, along with a notice of the effective date of the updated Terms. By using this Website after Athena Search has updated the Terms, you are agreeing to all of the updated Terms. If you do not agree with any of the updated Terms, your only recourse will be to stop using the Website.
LAST UPDATED: JANUARY 22, 2020
EFFECTIVE DATE: FEBRUARY 1, 2020
General Use of the Website
The use of the Website is allowed to the following groups of users:
- Persons who are 18 years of age or older
- Persons who are between the ages of 13 and 18, and are using the Website with the permission of their parents or legal guardians
- Persons who are emancipated minors between the ages of 13 and 18
The use of the Website is NOT allowed to the following groups of users:
- Persons under the age of 13 years old
- Persons who are between the ages of 13 and 18, and are using the Website without the permission of their parents or legal guardians
In case you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to the Agreement and to fully indemnify and hold harmless Athena Search if your child breaches or disaffirms any term or condition of the Agreement.
If you are using this Website on behalf of an entity, you represent that you are authorized to bind such entity to the Agreement legally.
NOTE: If Athena Search believes that you do not meet the necessary requirements for using the Website, Athena Search may immediately terminate your use of the Website.
These Terms of Service (“Terms”) are made by and between the party on whose behalf they are accepted (“Subscriber”) and Athena Search. Terms are effective as of the date they are accepted by Subscriber. “Athena Search” means Syncit Development SouthEast Europe doo Niš-Medijana, with offices at 54-72 Cara Dušana Street, L 206 A, 18000 Niš, Serbia, if Subscriber is domiciled in a country within or outside of Europe. The complete subscription agreement including these Terms (“Agreement”) is made for the purpose of granting Subscriber a limited subscription to use Athena’s hosted search, support or other services (“Services”).
User Content Restrictions
In respect to your use of Athena Search, you pledge that you will not, under any circumstances, submit any User Content which:
- is unlawful,
- violates any right of publicity or invades the privacy of others,
- constitutes obscene, pornographic, indecent, profane or otherwise objectionable material,
- is discriminatory, hateful or bigoted toward, or abusive of, any group or individual,
- is libelous or defamatory or
- violates any applicable law or government regulation.
It is not allowed to use the Website for posting, transmitting or linking to:
- products or services that are similar to Athena Search, in any form of advertisement, promotional materials or solicitation,
- a harmful code contained in any type of software or program, including, but not limited to, viruses, worms, time bombs or Trojan horses,
- abusive or threatening content that defames, stalks, threatens or otherwise violates the legal rights of others (e.g., the rights of privacy and publicity),
- content with racially, ethnically, or otherwise offensive language,
- content that discusses or encourages illegal activity,
- content that includes explicit/obscene language or solicits/posts sexually explicit images (actual or simulated)
It is also not allowed to perform the following activities on the Website:
- deploy any robot, spider, scraper, website search/retrieval application, or other application designed to retrieve, index, “data mine,” information from the Site,
- disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation,
- provoke in any way an unreasonable or disproportionately large load on our infrastructure,
- alter in any way the opinions or comments posted by others or
- post anything that is contrary to our public image, goodwill or reputation
Athena Search reserves the right to update this list of prohibitions which means it is neither complete nor exclusive. It is in our power to either terminate access to your account and your ability to post to the Website (or use the Services) or to refuse, delete or remove any content with or without cause and with or without notice, for any reason or no reason, or for any action that Athena Search determines to be inappropriate or disruptive to this Website or to any of its users. Athena Search may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
You agree to indemnify and hold Athena Search and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Athena Search or any other indemnified party suffers in relation to or arising from any violation by you of these Terms, and/or any claim or demand from a third-party that your use of this Website or the use of this Website by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions), violates any applicable law or regulation, or the patents, copyrights, trademark rights or other rights of any third-party.
Athena Search will make the Services available to Subscriber according to one or more online or written ordering documents (each a “Service Order”). The Agreement includes each Service Order incorporating the Agreement.
Compliance with Laws
Athena Search will comply with all laws and governmental regulations applicable to the Services.
Personnel and Performance
Athena Search will be responsible for the performance of its personnel (including employees and contractors) and their compliance with the Agreement. Athena Search enters into the Agreement on behalf of itself and its Affiliates. An “Affiliate” of a party is any entity:
- that the party Controls,
- that the party is Controlled by or
- with which the party is under common Control, where “Control” means direct or indirect control of fifty percent (50%) or more of an entity’s voting interests (including by ownership).
Athena Search will make online documentation available at www.athena.syncitgroup.com/doc/ (the “Documentation”) that describe:
- Athena Search software made accessible as part of the Services (“Athena Search Software”)
- usage guides for the Services
Protection of Subscriber Personal Data
To the extent Athena Search processes any Subscriber Personal Data (as defined in the DPA) contained in Subscriber Data on behalf of Subscriber, the terms of the Data Processing Addendum (the “DPA”), which are incorporated herein by reference, will apply and the parties agree to comply with such terms provided, however, that if Subscriber and Athena Search have previously entered into a separate General Data Protection Regulation (EU) 2016/679 compliant data processing agreement or addendum, the terms of such existing data processing agreement or addendum will continue to apply unless the parties expressly agree to replace with this DPA by signing this DPA. For purposes of the Standard Contractual Clauses attached to the DPA, when and as applicable, Subscriber and its applicable Affiliates are each the “data exporter”, and Subscriber’s acceptance of these Terms and as applicable Affiliate’s signing of a Service Order, will be treated as signing of the Standard Contractual Clauses and their appendices.
GDPR or General Data Protection Regulation, effective as of May 25th, 2018, replaces national privacy and security laws that previously existed within the EU with a single, comprehensive EU-wide law that governs the use, sharing, transfer, and processing of personal data that originates from the EU. We are committed to helping our customers achieve compliance with GDPR and their local requirements.
In addition, Athena Search:
- follows appropriate security measures and precautions in accordance with GDPR
- assists with notifying regulators of breaches and promptly communicating any breaches to customers and users
- Ensures that employees authorized to process personal data have committed to confidentiality
- holds any sub-processors that handle personal data, including its data center partners, to the same data management, security and privacy practices and standards to which it holds itself
- assists its customers, insofar as possible, in responding to data subject requests that it may receive under the GDPR
As between Athena Search and Subscriber, Subscriber handles Subscriber Data and the provision of Subscriber Data to the Services according to the Agreement.
Personnel and Performance
Subscriber will be responsible for the performance of its personnel (including employees and contractors) in compliance with the Agreement. Subscriber enters into the Agreement on behalf of its Affiliates that make use of the Services.
Non-Athena Search Services
Subscriber may choose to use services not provided by Athena Search (“Non-Athena Search Services”) with the Services and in doing so grants Athena Search permission to interoperate with the Non-Athena Search Services as directed by Subscriber or the Non-Athena Search Services.
Unless specified in a Service Order:
- Athena Search does not warrant or support Non-Athena Search Services,
- as between Athena Search and Subscriber, Subscriber assumes all responsibility for the Non-Athena Search Services and any disclosure, modification or deletion of Subscriber Data by the Non-Athena Search Services and
- Athena Search shall have no liability for, and Subscriber is not relieved of any obligations under the Agreement or entitled to any refund, credit, or other compensation due to any unavailability of the Non-Athena Search Services or any change in the ability of Athena Search to interoperate with the Non-Althena Search Services.
As an intermediary, Athena Search may receive notices from third parties (“Reporters”) regarding Subscriber Data or Subscriber’s use of the Services (“Reports”). Athena Search will forward all Reports directly to an email address provided by Subscriber designated to receive Reports (the “Abuse Contact”). Upon receipt of a Report, Subscriber will:
- acknowledge receipt of such report to Althena Search within two (2) business days of receipt and
- address the Report promptly with the Reporter, including informing the Reporter that Subscriber (and not Athena Search) is the appropriate party to address the matter.
Athena Search may provide the Abuse Contact to a Reporter inquiring about Subscriber Data or Subscriber’s use of the Services.
- use the Services in accordance with the Agreement,
- use the Services in accordance with the applicable Documentation,
- be responsible for using commercially reasonable efforts to prevent unauthorized access to or use of the Services,
- promptly notify Athena Search of any unauthorized access or use of the Services,
- respond to Reports in accordance with the Third Party Reports section and take reasonably appropriate action to resolve the reported matter,
- not use the Services to store, transmit or display Subscriber Data for fraudulent purposes or in violation of applicable laws and governmental regulations,
- not make the Services available to, or use the Services for the benefit of, anyone other than Subscriber’s own personnel or end-users,
- not use the Services to store, transmit or display Malicious Code,
- not interfere with or disrupt the integrity or performance of the Services or any third-party technology contained therein,
- not attempt to gain unauthorized access to any of Athena’s datacenters, systems or networks,
- not permit direct or indirect access to or use the Services in a way that circumvents a usage or capacity limit of the Services or use the Services to access or use any of Athena’s intellectual property except as permitted under the Agreement,
- not sell, resell, license, sublicense, distribute, redistribute, rent, or lease the Services except as integrated with its own offerings that provide additional functionality to its end-users,
- not copy, modify or create a derivative work of the Services or any part, feature, function, or user interface thereof,
- not access the Services or use the Documentation to develop a competitive product or service,
- not reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any or all of the source code of the Services, except as permitted by applicable laws or governmental regulations,
- not alter, remove or obscure any copyright, trademark or other proprietary notices or confidentiality legend on the Services,
- obtain and maintain appropriate equipment and ancillary services needed to connect to, access or otherwise use the Services, including modems, hardware, servers, software, operating systems and internet access,
- obtain and maintain any required consents necessary to permit the processing of Subscriber Data by Athena Search under the Agreement, and
- obtain and maintain any consents necessary to permit the processing by Athena Search of the personal information of Subscriber’s personnel that serve as Subscriber’s designated contact for purposes of the Services and the Agreement.
If Athena Search becomes aware that Subscriber may violate Subscriber’s obligations under the Subscriber’s Obligations section, Athena Search will notify the Abuse Contact by email (the “Service Notice”) and request Subscriber to take reasonably appropriate action, including ceasing problematic usage, changing a configuration, updating account credentials or removing applicable Subscriber Data.
If for any reason Subscriber fails to comply with a Service Notice within the time period set forth in the Service Notice, Athena Search may block Subscriber’s access to the Services until the requested action is taken. If Subscriber fails to take the required action within ten (10) days or fails to comply with Subscriber’s obligations under the Subscriber’s Obligations section on two or more occasions during any rolling twelve (12) month period, Athena Search may terminate the Agreement immediately for cause. Athena Search also responds to notices of alleged copyright infringement and may block access to the applicable Service or terminate accounts of repeat infringers according to the process set out in the Law on Copyright and Related Rights of 2012. All limitations of access, suspensions, and terminations for cause shall be made in Athena’s sole discretion and Athena Search shall not be liable to Subscriber or any third party for any termination of Subscriber’s account or access to the Services.
Links to Third-Party Sites
YOU AGREE THAT ATHENA SEARCH WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. EXCEPT AS MAY BE OTHERWISE EXPRESSLY STATED IN WRITING, Athena Search does not endorse such third party sites or any products or services associated therewith, and you agree that ATHENA SEARCH HAS NO LIABILITY FOR ANY damages you may incur in connection with the use of any third-party site.
Disclaimer of Warranties and Limitation of Liability
THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ATHENA SEARCH MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR THE WEBSITE CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. ON BEHALF OF ITSELF AND ITS LICENSORS, ATHENA SEARCH HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE WEBSITE AND THE WEBSITE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE WEBSITE AND/OR THE WEBSITE CONTENT RESTS WITH YOU. ATHENA SEARCH MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE WEBSITE WILL BE UNINTERRUPTED, OR THAT THE WEBSITE AND/OR THE WEBSITE CONTENT WILL BE ERROR-FREE OR SECURE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ATHENA SEARCH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES, INCLUDING ANY LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ATHENA SEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. The foregoing limitations of liability do not limit the liability of Athena Search arising from gross negligence or willful intent, to the extent such damages may not be excluded or limited under applicable law.
All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express, written, consent of the copyright owner or an applicable license.
Site Location and Local Laws
This Website is controlled and operated by Athena Search from its offices in Serbia, which means that the Website Content may not be appropriate or available for use in other locations. In addition, the Website may be mirrored, and other websites operated or controlled by Athena Search may be located, in various countries. Athena Search makes no representation or warranty that all of the features of this Website will be available to its users from specific countries, or that the users would be permitted to access the Website Content from any country. You acknowledge that you are solely responsible for any decision by you to use the Website from your location, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
Governing Law and Jurisdiction
This Agreement will be governed by the laws of the Republic of Serbia. All suits hereunder will be brought solely in the Supreme Court of Cassation of the Republic of Serbia. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non-conveniens or any similar claim or defense.
Should you have any concerns or questions regarding this Terms of Service, you may call us at +381631023040, contact us by email at [email protected] or by postal mail using the following details:
Syncit Development SouthEast Europe doo Niš-Medijana
Cara Dušana 54-72, L 206 A, 18000 Niš-Medijana, Srbija