Terms of use for BITDEFENDER EXPERT COMMUNITY

NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY!

BY VISITING THIS WEBSITE, CREATING AN ACCOUNT, BY SELECTING "I ACCEPT", "OK", "CONTINUE", "YES" OR BY USING THE WEBSITE IN ANY WAY, YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE READ THIS AGREEMENT CAREFULLY. THESE TERMS OF USE are the AGREEMENT (“Agreement”) made by and between BITDEFENDER (“BITDEFENDER’) and You, as a Bitdefender Expert Community user, (“User”/ “You”), or any other person who gains access to this community (“Bitdefender Community”).

The following terms and conditions govern all use of the Bitdefender Community website and all content, services and products available at or through this website. The Bitdefender Community website is owned and operated by BITDEFENDER (“BITDEFENDER’). The use of this website is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Bitdefender Privacy Policy) and procedures that may be published from time to time on this website by Bitdefender (collectively, the “Agreement” ).
Please read this Agreement carefully before accessing or visiting the Bitdefender Community. By accessing or using any part of the website, You agree to become bound by the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this agreement, then You may not access the Bitdefender Community or use any services. This community is available only to individuals who are at least 18 years old.

Bitdefender and User are sometimes referred to herein as “Parties”, as the case may be.

 

1. Scope of Bitdefender Expert Community

Welcome to the Bitdefender Community! These forums allow Bitdefender users to connect with each other in order to share tips and insights, resolve issues, and discuss all things related to tech and cybersecurity.

Our promise is to nurture and maintain an environment where real people can exchange ideas, solutions, insights and info about our Bitdefender products and services. We are so glad to have You with us and hope that You will find Your spot here with us. PLEASE REMEMBER that Your use of these Community Forums is subject to these Bitdefender Terms of Use.

 

2. Submission to Bitdefender Expert Community

Bitdefender Expert Community is a public forum meaning You can access, in a read-only mode, its content without additional steps such as log in being needed. In such case You are still bound by the terms and conditions of this Agreement.

If You wish to become an user of this community with full rights (‘Contributor”), You have to create an username, should You be eligible in that regard. Eligibility is primarily conditioned to having a valid Bitdefender Account that includes a valid email address in Bitdefender Central – this being the sole method to access the Bitdefender Expert Community as an active user defined herein as Contributor. You warrant that You are the legal owner of the Bitdefender Account and You have all the legal rights to create a Bitdefender Community username.

Access to the Bitdefender Community requires an active and stable connection to the Internet. It is therefore Your responsibility to ensure that You have at all times an active and stable Internet connection.
You as an user are the sole responsible to monitor Your device when accessing the Bitdefender Community. Bitdefender shall not be held responsible for any damages resulting from privacy, data loss caused to You.

Appropriate usernames.

There's no justification to register a username that will be offensive to others! You are not allowed to use offensive usernames in Bitdefender Community: if You register an account with an offensive username in any language You will be banned immediately and we reserve the right to not allow You to have an additional new username and access to Bitdefender Community as an active user.

Usernames containing the words ‘Bitdefender’ or ‘Admin’ or variation of these words cannot be claimed. No account names can contain ‘Bitdefender’ or ‘Admin’ unless they are official accounts of Bitdefender Admins or Bitdefender representatives.
Your username cannot be longer than 15 characters. Your name can be longer (50 characters), but usernames are kept shorter for ease. If a username is already taken by another user, it cannot be requested.
A username can only contain alphanumeric characters (letters A-Z, numbers 0-9) with the exception of underscores. Check to make sure Your desired username doesn't contain any symbols, dashes, or spaces.
Suspended and deactivated usernames may not be available or immediately available for use, so You’ll need to select a different username.
Given the potential abuse of the name change service by users, each user will be permitted only one user name change every six months. You can request a username change at ExpertsCommunity@bitdefender.com.
Multiple accounts are not allowed under any circumstance.

Remuneration.

Any activity You may have within Bitdefender Community, as a visitor or as an active user (Contributor), regardless of the quality and frequency or appreciation from other users is without remuneration from Bitdefender. Any exception shall be expressly mentioned.

 

3. Data Protection

The Bitdefender Community website is hosted by a third party Vanilla who acts solely as a Data processor for and on behalf of Bitdefender.

All the information on how the personal data is processed related to the usage of the Bitdefender Community and services is specified in the Bitdefender Privacy Policy. By accepting this Agreement, You agree that Your personal data will be collected according to the Privacy Policy published on: http://www.bitdefender.com/site/view/legal-privacy.html.

By accepting this Agreement, You acknowledge and agree that the security technology used may scan the traffic in an impersonal mode to detect any malware and to prevent the damages resulting from malware products.

Any information collected by Bitdefender is for the purpose of improving the website functions, for statistic information or for the purpose of solving the problem you encountered with a Bitdefender solution should you reveal it within the Bitdefender Community. This information will not be correlated with other personal data or personal identifiable information unless You solicit or agree with such processing.

You agree that Bitdefender may (i) use the uploaded data You posted in the Bitdefender Community for analysis or reporting purposes if any such use does not identify You or include any information that can be used to identify any individual person. Bitdefender reserves the title, ownership and all rights and interest to any intellectual property or work product resulting from its use and analysis of such information. By using the Bitdefender Solution, You acknowledge and agree that Bitdefender may collect, disclose, store and analyze these information for the purposes mentioned herein or in the Bitdefender Privacy Policy published on: http://www.bitdefender.com/site/view/legal-privacy.html.

In order to promote awareness, detection and prevention of Internet security risks, Bitdefender may share certain information anonymized with research organizations and other security software vendors.

 

4. Code of Conduct for Bitdefender Expert Community
4.1. General Conduct

This is a public forum owned by a private company. Please treat Your fellow users with respect wherever possible.
Anything You post here is accessible by anyone on the internet and under Your total responsibility.

If You are posting questionable facts or opinions, it is prudent to consider any potential repercussions of Your actions before You post. In the event that You post something that You later wish to retract, You may be able to edit Your own posts.

By posting here You warrant that You will not post any messages that are obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violate any laws. The moderating team will occasionally edit or delete posts that are in violation of these rules, particularly the ones that occur in the situations mentioned below.

4.2. Excluded topics and relevant topics

The Bitdefender Expert Community is a space where professionals, enthusiasts and security conscious people alike discuss and help each other to learn more about cyber-security.

The following topics and actions are excluded from being posted or debated within Bitdefender Community and we reserve the right to act accordingly when disregarded.

Spamming. Posting threads (or consecutive replies within a thread) indiscriminately or without anything adding constructive to the discussion is spam, and will lead to a ban. One thread is enough. If You have just replied to a thread and You want to add something, but no one else has replied yet, just edit Your reply, rather than adding a new one and in the last line of the thread include a LE (later edit) in which You note what has changed in Your post. Spamming or posting illegal materials (including materials that You do not have permission to use) is not permitted on this website; this includes copyrighted photos, personal information on posters / other individuals that You know they would not want shared.

Harassment. Personal attacks, racism, homophobia and any other form of personal discrimination) and harassment are NOT allowed under any circumstances or justifications. There's no such thing as being right or wrong when it comes to harassing. Abusive remarks toward other posters or groups of people on the basis of race and / or sexual orientation are completely unacceptable on this site as are other forms of discriminatory abuse.
Clear cut cases are grounds for an instant review / revoke of posting privileges or getting banned from the Bitdefender Community.

NSFW / inappropriate content. The Bitdefender Community is meant to be welcoming to everyone, of various ages. For that reason, we will not allow any posts containing NSFW (not safe for work), disturbing material. It will lead to a permanent ban. This includes Pornographic materials or links to pornographic websites which are strictly prohibited, including in jest. Posting of such material will result in posts being deleted and may also result in other sanctions including relevant authorities being informed.

Posting restrictions. Do not post private messages from Bitdefender staff in the public forum and do not repost threads or comments that have been deleted / edited by a Bitdefender moderator. Both actions are prohibited on this forum and are looked upon with grave severity. Any private discussions with the Bitdefender staff shall be considered Confidential information and you agree to be bound by confidentiality obligations including non disclosure of such information.

4.3. Language used for communication

The main language used in Bitdefender Community is English; however, we may host forums in German, French, Spanish and Romanian, specifically for technical support issues.

It is solely Your responsibility to complete a backup of all Your existing data, software and programs before receiving any Technical Support. Any such Technical Support shall be provided in Bitdefender's sole discretion without any guarantee or warranty of any kind. In the course of providing the Technical Support, Bitdefender may determine that the technical issue is beyond the scope of the Technical Support. Bitdefender reserves the right to refuse, suspend or terminate any of the Technical Support in its sole discretion.

 

5. Intellectual Property. Copyright.

Intellectual Property. This Agreement does not transfer from Bitdefender to You any Bitdefender or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bitdefender. Bitdefender Community and Bitdefender logo, and all other trademarks, service marks, graphics and logos used in connection with Bitdefender and Bitdefender Community are trademarks or registered trademarks of Bitdefender. Other trademarks, service marks, graphics and logos used in connection with the Bitdefender Community may be the trademarks of other third parties. Your use of and within the Bitdefender Community grants You no right or license to reproduce or otherwise use any Bitdefender or third-party trademarks.

Copyright. Bitdefender Solutions are protected by copyright laws and international treaty provisions. Therefore, You must treat Bitdefender like any other copyrighted material. You may not copy the printed materials accompanying Bitdefender. You must produce and include all copyright notices in their original form for all copies created irrespective of the media or form in which Bitdefender exists.

All rights, titles and interest in and to Bitdefender Community and/or Bitdefender Solutions and all copyright rights in and to Bitdefender (including but not limited to any code, images, photographs, logos, animations, video, audio, music, text, and "applets" incorporated into Bitdefender Community and/or Bitdefender Solutions), printed materials, and any copies of Bitdefender software are owned by Bitdefender, with the understanding that rights, titles and interest in and to certain third party software are owned by their respective owners.

You may not reverse engineer, de/recompile, disassemble, create derivative works, modify, translate, or make any attempt to reconstruct or to discover the source code for Bitdefender Solution or underlying ideas, algorithms, file formats, programming or functionality of Bitdefender Solution, unless otherwise allowed under the local legislation applicable to You. You may not remove any proprietary notices or labels on Bitdefender or its lawfully owners. All rights not expressly set forth hereunder are reserved by Bitdefender.

IN THIS RESPECT, YOU ARE REMINDED THAT ANY REPRODUCTION, COMMUNICATION OF A WORK AND/OR ANY BROADCASTING OF A PERFORMANCE, AN AUDIO RECORDING OR A VIDEO RECORDING MADE WITHOUT AUTHORIZATION MAY CONSTITUTE AN OFFENCE OR A COPYRIGHT INFRINGEMENT.

If You believe that material located on or linked to Bitdefender Community violates Your copyright, You are encouraged to notify Bitdefender. Bitdefender will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Bitdefender or others, Bitdefender may, in its discretion, terminate or deny access to and use of the Bitdefender Community. Please be advised that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that a product or activity is infringing Your copyrights. Thus, if You are not sure content located on or linked-to Bitdefender Community infringes Your copyright, You should consider first contacting an attorney. Infringement Notices need to be sent to ExpertsCommunity@bitdefender.com and include the following or they will be deemed invalid:

  • An electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and exact location of the content that You claim to infringe Your copyright, in sufficient detail;
  • A statement by You: (a) that You believe in good faith that the use of the content that You claim to infringe Your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in Your Infringement Notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.

If You are the alleged infringer, You will have the option to send us a counter-notice stating why Your content does not infringe copyrights. Counter notices need to be sent to ExpertsCommunity@bitdefender.com.

Suggestions

You have the right to propose improvements regarding or similar to Bitdefender Solutions or other materials made available by Bitdefender. Bitdefender will analyze Your proposals and in Bitdefender’s sole and exclusive discretion, Bitdefender may apply them. Upon submission of any suggested change or improvement, it shall become the sole and exclusive property of Bitdefender. By such submission, You waive any right in any such suggestion You may have, and irrevocably consent to Bitdefender’s unrestricted use thereof.
You expressly understand, acknowledge and agree that if, regardless of whether or not formally requested to do so, You provide to Bitdefender reasonable suggestions, comments, testimonials and feedback (altogether referred to herein as “Feedback”) regarding any Bitdefender Solution, including but not limited to usability, bug reports and test results, You warrant that Your Feedback is not subject to any license terms that would purport to require Bitdefender to comply with any additional obligations with respect to any Bitdefender Solutions that incorporates Your Feedback.and You grant Bitdefender the following worldwide, exclusive, perpetual, irrevocable, royalty free, fully paid up rights:

  1. to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Bitdefender Solution, technology, service, specification or other documentation (individually and collectively, "Bitdefender Solutions");
  2. to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Bitdefender Solution;
  3. to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and
  4. to sublicense to third parties any claims of any patents owned or licensable by You that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the Feedback or portion thereof incorporated into a Bitdefender Solution, technology or service.

 

6. Responsibilities of Visitors and Contributors
6.1. General Representation and Warranty

You represent and warrant that (i) Your use of the Bitdefender Community will be in strict accordance with this Agreement, Bitdefender’s Policies and with all applicable laws and regulations including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside and (ii) Your use of the Bitdefender Community will not infringe or misappropriate the intellectual property rights of any third party.

If You comment, post materials, post links within the Bitdefender Community or otherwise make (or allow any third party to make) material available by means of Bitdefender Community (any such material, “Content”), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, You represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of such materials, whether or not expressly requested to do so by Bitdefender.
  • The Content is not one of the Excluded topics as defined herein.
  • By submitting Content to Bitdefender, You grant Bitdefender a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If You delete Content, Bitdefender will use reasonable efforts to remove it from the Bitdefender Community, but You acknowledge that caching or references to the Content may not be made immediately unavailable.

It is prohibited for You to post or transmit to or from this Bitdefender Community any obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, Bitdefender will have no liability related to the content of any such communications.

6.2 Confidentiality and Non-Disclosure

Bitdefender Community is a public space and You will treat it as such. Bitdefender does not want to receive confidential or proprietary information through its Bitdefender Community, therefore any information sent to Bitdefender will be deemed NOT CONFIDENTIAL. You grant Bitdefender an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information You send to Bitdefender, for any and all commercial and non-commercial purposes.
Consequently, Bitdefender does not warrant You any confidentiality should you indulge in private communication with other Contributors within Bitdefender Community, expressly if such communication falls in the area of Excluded topics as defined herein.
Should you require support or solicit information to a Bitdefender Community representative You acknowledge that the information You receive concerns You and only You and is not to be used or considered a public statement from Bitdefender, if not otherwise expressly confirmed in writing by Bitdefender. You agree to not, directly or indirectly, either disclose any Document or Confidential Information, except as approved, in writing, by Bitdefender, or use any Document or Confidential Information for Your benefit or profit or for the benefit of any other person, firm, corporation, limited liability company, association or other business entity, or at any time.
All Documents of any kind relating to the Business of Bitdefender which may come in Your possession shall remain the sole property of Bitdefender and may only be used by You for the propose of using the Bitdefender Solutions to its best capabilities.
You further agree that the covenants set forth herein with respect to confidentiality and non-disclosure obligations shall continue in full force and effect notwithstanding the termination of any other provision of this Agreement.

6.3 Remedies

You expressly agree and understand that the remedy at law for any breach of the provisions of this Agreement by You will be inadequate and that the damages flowing from any such breach may not be readily susceptible to being measured in monetary terms. Accordingly, upon adequate proof of a violation by You of any of the provisions of this Agreement, Bitdefender shall be entitled to a temporary restraining order and/or preliminary injunction against any threatened or future breach hereof. Any such breach shall toll the running of the time period from the date of such breach, until such breach shall cease. You expressly acknowledge that You have carefully considered the nature and extent of the restrictions and the rights and remedies of Bitdefender under this Agreement. You expressly acknowledge and agree that the restrictions are reasonable and are fully required to protect the legitimate interests of Bitdefender.

The failure of Bitdefender to enforce any provision or provisions of the Agreement shall not in any way be construed as a waiver of any such provision or provisions as to any future violations thereof, nor prevent Bitdefender thereafter from enforcing each and every other provision of this Agreement. The rights granted herein are cumulative and the waiver of any single remedy shall not constitute a waiver of the right of Bitdefender to assert all other legal remedies available to it under the circumstances. You acknowledge that Bitdefender has other remedies at law and that Bitdefender is entitled to assert all of those remedies concurrent with those granted under this Agreement.

6.4 Security requirements and restrictions

You may not attempt to hack or attack the Bitdefender Community platform or the infrastructure hosting it or transmit any worms or viruses or any code of a destructive nature. Such actions will result in immediate banning from the Bitdefender Community and potential other sanctions or claims including informing the relevant authorities.
You may not use the Bitdefender Community for any illegal or unauthorized purpose. International users agree to comply with all local laws and any international regulations regarding online conduct and acceptable content.

You are solely responsible for Your conduct and any comments, text, information, screen names, links (“Content”) that You submit, post, and display on the Bitdefender Community.

You must not modify, adapt or hack Bitdefender Community or modify another website, as to falsely imply that it is associated with Bitdefender Community or Bitdefender.

Bitdefender Community may have a dedicated section for sample malware where You may send files for scanning or for research purposes but outside such specific and express request and environment provided by Bitdefender through Bitdefender Community you may not comment, post or send any malware or potential malware samples.

 

7. Limited liability

Bitdefender has not reviewed and cannot review all of the materials including materials protected by intellectual property rights, posted to the Bitdefender Community, and cannot therefore be responsible for that Content, its use or effects. By using the Bitdefender Community, Bitdefender does not represent or imply that it endorses any material posted by You or any other Contributor, or that it believes such material to be accurate, useful or non-harmful.
Bitdefender makes no representation that information on this Bitdefender Community is appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from any harmful or destructive content. The administrators of Bitdefender Community will provide best efforts to maintain a safe environment. Bitdefender makes no commitment to update materials on Bitdefender Community if some Content is not timely removed, Bitdefender shall not be liable if a Contributor provides Content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Bitdefender Community may also have Content provided by Contributors that may contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

BITDEFENDER DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM THE USE BY VISITORS OF THE BITDEFENDER COMMUNITY INCLUDING ANY TECHNICAL SUPPORT OR ADVICE PROVIDED THEREIN OR FROM ANY DOWNLOADING BY VISITORS OR CONTRIBUTORS OF POSTED CONTENT.

 

8. Warranties and indemnities
Bitdefender Community is provided “as is”.

THIS BITDEFENDER COMMUNITY COULD INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION PRESENTED HEREIN. HOWEVER, BITDEFENDER MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS BITDEFENDER COMMUNITY.

Bitdefender and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.

NEITHER BITDEFENDER NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE BITDEFENDER COMMUNITY WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. BITDEFENDER DOES NOT WARRANT THAT BITDEFENDER COMMUNITY WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

You agree to indemnify and hold harmless Bitdefender, its suppliers, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out from illegal conduct and/or violation of rights of third parties, and/or any damage that You may cause through Your use of Bitdefender Community, including but not limited to Your violation of this Agreement.

BITDEFENDER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, DEVICE FAILURE OR MALFUNCTION FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INTERFERENCE, ACCURACY OF DATA, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS by filtering, disabling, or removing such third party's software, spyware, adware, cookies, emails, DOCUMENTS, advertisements or the like, WHETHER ARISING BY STATUTE, LAW, COURSE OF DEALING, CUSTOM AND PRACTICE, OR TRADE USAGE.

 

9. Severable provisions

The provisions of this Agreement are severable, and, if any one or more provisions is determined to be illegal or otherwise unenforceable in whole or in part, the remaining provisions, and any partially enforceable provision, shall be binding and enforceable to the extent enforceable in any jurisdiction.

The rights of Bitdefender under this Agreement shall inure to the benefit of Bitdefender and its successors and assigns. You shall not assign your rights arising from the present Agreement to any third party.

 

10. Acknowledgement. No association or partnership

Both Parties to this Agreement expressly acknowledge that nothing contained herein shall be deemed to create a partnership or other association between the Parties hereto except as otherwise expressly agreed in writing. Both Parties to this Agreement also expressly acknowledge the authority to conclude this Agreement.

 

11. Governing law

This Agreement will be governed by the laws of Romania and by international copyright regulations and treaties. The exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement shall be of the courts of Romania. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Nothing in this Agreement will diminish any rights You may have under existing consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by contract. This Agreement describes certain legal rights. You may have other rights under the laws of Your state or country.

This Agreement constitutes the entire agreement between Bitdefender and You concerning Bitdefender Community. This Agreement does not change Your rights or obligations under other Agreements for different subject matters you.

This Agreement has been originally prepared in the English. Although Bitdefender can provide translated versions of this Agreement for Your convenience, the English language version of this Agreement will be the governing version of this Agreement in the case of any conflict or discrepancy.

Notwithstanding that this Agreement has been prepared by Bitdefender, You confirm that this Agreement constitutes the understanding of the parties and is intended to be construed in a manner that is consistent with the subject matter and activities contemplated by, and the terms and conditions of the Agreement. No rule of strict construction with respect to this Agreement shall be applied against either party.

NO Class Actions

YOU AND BITDEFENDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Bitdefender agree otherwise, the court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

12. Termination and Survival

This Agreement shall be in force from the date You first visited the Website (Bitdefender Community), created an account, selected "I ACCEPT", "OK", "CONTINUE", "YES" or by using the Website in any way.

Bitdefender may terminate Your access to all or any part of the Bitdefender Community at any time, with or without cause, with or without notice, effective immediately. Bitdefender can terminate the Bitdefender Community immediately as part of a general shut down of such service. Notwithstanding the foregoing, Your access to Bitdefender Community will terminate immediately without notice if You are in breach of this Agreement. You shall not be entitled to any indemnification from Bitdefender or its suppliers or licensors as a result of termination.

All provisions of this Agreement, which by their nature should survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability shall survive termination. The terms and conditions concerning confidentiality and restrictions on use shall remain in force even after any termination.

 

13. Amendments. Miscellaneous.
13.1 Amendments

Bitdefender reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Bitdefender may revise this Agreement at any time and the revised terms shall automatically apply to the relationship construed between Bitdefender and You under this Agreement. If any part of these terms is found void and unenforceable, it will not affect the validity of rest of the Agreement, which shall remain valid and enforceable.

It is Your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Bitdefender Community following the posting of any changes to this Agreement constitutes acceptance of those changes. You agree to follow Bitdefender’s policies as posted on Bitdefender Community and Bitdefender websites, and all guidelines made available to You. Bitdefender may update policies from time to time in its sole discretion.
If You do not agree with the changes, You have the right to terminate the Agreement by sending a request to ExpertsCommunity@bitdefender.com with the email title ‘Account Termination – username’.

13.2 Additional services or features

Bitdefender may also, in the future, offer new services and/or features through Bitdefender Community (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement unless otherwise expressly provided in such features’ or services’ Terms of use.

13.3 Notifications

All claims, instructions, consents, designations, notices, waivers, invoice communications and other communications in connection with the Agreement will be in writing to the addresses specified in the Agreement or within Bitdefender Community. Such Notifications will be deemed properly given to the other party (a) when received, if delivered personally or by a recognized courier service at 15A Soseaua Orhideelor, Orhideea Towers Building, 6thDistrict, Bucharest 060071, Romania, (b) upon the receipt of the electronic transmission by the server of the recipient, when transmitted by electronic mail at ExpertsCommunity@bitdefender.com, (c) upon receipt of the electronic transmission when delivered within Bitdefender Community in a private message to the administrators of the Bitdefender Community.