Rustica takes the privacy of its customers’ data very seriously. Please read the following policy to understand how we will treat your personal data after it has been collected by us through your use of this website. We can collect data on you from a variety of different sources which includes:
• When you purchase products or services from this site or via any of our other distribution channels.
• When you become a subscriber.
• When you enter data into a form on the website.
• When you speak to our Customer Service personnel.
• When you activate your product via our License Activation Server.
• Via explicit data capture measures, for example by entering competitions, completing surveys, registering products, registering to use the support forum.
In any of the above cases the data we collect could be personal data. When you buy anything via the site or give us any personal data as indicated above, we may need to collect information about you to process the transaction, fulfill your order, and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, and your phone number. Unless we have your express consent, we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that we may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data. By becoming a subscriber, you consent to receive from us by email our eNewsletters and details of other special offers or services which we may think may be of interest to you. Rustica retains and uses your personal information to provide you with the remote commerce (including electronic and mobile commerce) experience by providing you with a personalized service and to give you details of offers which we think will be of interest to you, it is also to keep you informed of changes to products, services, licenses agreements, terms, conditions, and security updates. We may also use the information to process any transactions you undertake with us and for internal administration and analysis. We do not sell, rent or trade your personal information to third parties.
Public Information; Forum, Guestbook, Directories
By their very nature the Forum, Guestbook, Listing Directories, etc. are open to the public; any information given will be viewable to the general public. Rustica does make every effort to keep details such as email addresses private, but if you do select to have your email address shown it may be viewable by the general public.
Rustica is committed to keeping the details of children private by following the guidelines set out in the US, C.O.P.P.A Children’s Online Privacy Protection Act.
Rustica does not collect private information from children under the age of 13 without written permission from the child’s parents or guardians.
Rustica may use small bits of data stored on your computer called ‘cookies’.
Use of Site
Your access to and use of this website (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
Changes to Website, Software, and Services
Rustica reserves the right to; change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Rustica shall not be liable to you for any such change or removal. Rustica reserves the right to change, remove, or discontinue any product, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Rustica shall not be liable for any such change or removal. Rustica reserves the right to change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that Rustica shall not be liable for any such change or removal. Changes in this agreement can be made at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
The Intellectual Property Rights in this website and the materials on or accessible via it belong to ‘Rustica’ or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). ’Rustica’ and the Rustica Logo are trademarks which belong to ‘Rustica’ and they may not be used, copied or reproduced in any way without written consent from ‘Rustica.’ For these purposes “Intellectual Property Rights” includes the following (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
Limitation of Liability
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Rustica will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Rustica makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Rustica for death or personal injury as a result of the negligence of Rustica, its products or that of its employees or agents.
You agree to indemnify and hold Rustica and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Rustica arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
Applicable Law and Dispute
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Utah whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Utah.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement. Rustica reserves the right to add, delete, or modify any provision of this Agreement at any time without notice.