UpToTen.com > Legal
restrictions and conditions of use applicable to UpToTen.com
PLEASE READ CAREFULLY
BEFORE USING THIS SITE INTRODUCTION
Certain people are susceptible to epileptic fits or a loss of consciousness on seeing certain types of flashing lights or other frequently-occurring phenomena.
These people are equally at risk when watching certain television images or when playing certain video games. This phenomenon can occur even if the subject has no medical antecedents and has never been victim to an epileptic fit. If you or a member of your family has previously shown symptoms often associated with epilepsy (fits or loss of conscience) in the presence of an oscillating light source please ask your doctor for advice before using Internet.
UpToTen strongly advises parents and guardians to be especially attentive when their children play on-line or off-line video games. If you or your child shows any of the following symptoms: dizziness, problems with vision, contractions of eye or other muscles, loss of consciousness, sensorial confusion, involuntary movements or convulsions, stop playing immediately and consult your doctor.
General precautions: Do not sit too close to the screen. Avoid playing if you are tired or suffering from a lack of sleep. Ensure that you are in a well-lit room. Whilst playing take a break of ten to fifteen minutes every hour.
As we at UpToTen are always anxious to keep you as well informed as possible about how cyber space functions and how you can get the greatest benefit from it, we would like to draw your attention to the following elements:
To explore our site you need to use
Netscape version 3.0, Microsoft Internet Explorer version 4.0 or higher
and the Macromedia Flash plug-in (version 5 or higher).
This site uses "hypertext" links allowing you to go directly to other pages on the same site or to pages in other UpToTen sites, commercial or non-commercial partner sites, or to sites enabling the visitor to use this site better by downloading plug-ins. It is explicitly agreed that UpToTen cannot, under any circumstances, be held responsible for the content of sites other than its own. We make every effort to check the content of sites to which we have links, but changes in these sites are, of course, outside of our control.
UpToTen reserves the right at any time and from time to time to modify or discontinue part or all of the contents of its site at its discretion and is not liable to you or any third party for modifications carried out.
We would like to remind you that by using this site you expressly understand and agree to comply with all terms and conditions stipulated herein. If you do not agree with the terms and conditions stated herein you should not use this site. Should you continue to use the sites after having been given the opportunity to read this text, you implicitly accept all of the terms and conditions herein without limit nor reserve. All questions can be sent to :
UpToTen, Astor Court, Port Louis, Mauritius
and conditions of use at any time.
Access to your information is only authorized for UpToTen employees, third parties who require certain data to carry out their functions or for the collecting or treatment of information. Under the terms of our employment contracts, all information collected through activities directed by UpToTen or in the name of UpToTen will be considered confidential.
If you use this site you recognize and consent to UpToTen's policy concerning the protection of personal information. If you do not agree with this policy please do not use the site. By continuing to use UpToTen's site, which follows the page containing these legal restrictions and conditions of use, you recognize and consent to these terms without reservation. Questions can be addressed by e-mail to: Contact us
and/or by post to the following address :
UpToTen, Astor Court, Port Louis, Mauritius
RESTRICTIONS ON THE USE OF THE SITE AND ANY OF ITS COMPONENTS
All trademarks, rights of reproduction and copyrights of
UpToTen productions used on this site are the sole intellectual property
of UpToTen and their respective named owners. All rights are reserved
by UpToTen and/or various other companies or third parties having ownership
of characters or material shown on the site. All copyright owners whose
protected work is used on this site have been informed and have given
their permission. When you obtain information and protected work from
this site, you agree to respect the terms and conditions stated herein
concerning copyright, intellectual property, rights of reproduction and
UpToTen is the operator and owner of this site. The user can download one (1) copy of the material displayed on the site onto one computer for personal and non-commercial use, on the condition that he complies with all copyrights, trademarks, intellectual property and rights of reproduction, and that he conserves intact all obligatory indications such as copyright and intellectual property. None of the material on this site can be copied, reproduced, republished, downloaded, displayed, transferred, transcribed, transmitted or stocked on any data storage system or distributed in any way for whatever reason or purpose. Any modification made to the material contained in this site constitutes a violation of these rights. Any unauthorized use of any material contained in this site can lead to legal proceedings in accordance with current applicable laws.
Under the terms of this contract, you acknowledge and agree that it is strictly forbidden to use these documents, works or other artistic material on any other Web site or in any other networked information technology environment without UpToTen's express prior permission.
If you decide to download from the site some software or other work (musical, CD-ROM, database, screen backgrounds, screensavers), all files, images (still or animated) that are integrated into or created by the site, as well as all accompanying data (all these elements shall henceforth be called the "Software") are granted to you by UpToTen under certain conditions. UpToTen does not grant you proprietary rights of its Software. You own the support by which the Software is accessed, but UpToTen keeps full end entire ownership of the Software and all intellectual property rights pertaining to it.
You acknowledge and agree that it is strictly forbidden to modify, copy, redistribute, sell, rent, loan, lease, transfer any right, sublicense, reverse engineer, reverse assemble, or reduce the Software in any way.
This site is operated and managed by UpToTen from its head office in MAURITIUS. UpToTen does not guarantee that the information, artistic works and all other site contents are suited to or available for use in other parts of the world. Those who choose to access the site from other parts of the world do so under their own responsibility and are, should the need arise, personally liable according to the local jurisdiction.
This user contract will remain effective until it is terminated by one of the contracting parties. You can terminate this contract at any time by destroying all documents, images and other files obtained from one or several of UpToTen's sites along with all corresponding documentation and all copies and installations obtained in compliance with the terms of this contract or otherwise. If you fail to comply with any of the terms or conditions of this contract it can be terminated by UpToTen at any time and without any prior warning. At the moment of its termination you must destroy all documents, images and other files obtained from one or several of UpToTen's sites along with all corresponding documentation and all copies and installations obtained in compliance with the terms of this contract or otherwise.
UpToTen shall not be liable in any circumstance, including, but not limited to, negligence, for direct or indirect damages resulting from the use of this site (or the inability to use the site) or from any goods, data or information obtained from the site, even if UpToTen or an authorized representative has been advised of the possibility of such damages. The applicable jurisdiction may prohibit the limitation or exclusion of responsibility for indirect or consequential damages; it is therefore possible that the above limitations and exclusions do not apply to you. Nonetheless, the total financial liability of UpToTen, with respect to you, for the totality of damages, losses and causes of legal action (contractual, punishable offenses, or other, including, but not limited to, negligence) will not exceed the price paid by you, should the need arise, to access the site.
ALL DOCUMENTS CONTAINED IN THIS SITE AND ALL "HYPERTEXT" LINKS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. WITHIN THE MEASURES AUTHORISED BY CURRENT APPLICABLE LAWS, UPTOTEN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
UPTOTEN DOES NOT GUARANTEE THAT THE FUNCTIONS AND HYPERTEXT LINKS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT FAULTS WILL BE CORRECTED OR THAT THE SERVER HOSTING THE SITE WILL BE FREE OF VIRUSES OR OTHER DANGEROUS COMPONENTS. UPTOTEN MAKES NO COMMITMENT OR WARRANTY CONCERNING THE USE OF THESE DOCUMENTS, THE RESULT OF THEIR USAGE ON THE SITE, THE USE OF HYPERTEXT LINKS OR THE CONTENT TO WHICH THEY ARE LINKED, IN TERMS OF PRECISION, ACCURACY, RELIABILITY ETC.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UPTOTEN SHALL NOT BE LIABLE FOR THE COST OF ANY NECESSARY REPLACEMENT PARTS, REPAIRS OR CORRECTIONS. IT IS POSSIBLE THAT THE APPLICABLE JURISDICTION DOES NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES; IT IS THEREFORE POSSIBLE THAT THE ABOVE EXCLUSIONS DO NOT APPLY TO YOU.
This contract and the agreement between you and UpToTen shall be analyzed and governed by the laws of MAURITIUS without regard to its conflict of law provisions. If any of the terms of this contract are found to be illegal, invalid or void for any reason it shall be considered severable and shall not affect the validity or application of the other provisions. This contract constitutes the entire agreement between you and UpToTen concerning the object described herein; it cannot be modified without the written agreement of both contracting parties.
We hope that we have made the functioning of this site sufficiently clear and that we have responded positively to your expectations.
If you have any questions and/or suggestions about security,
don't hesitate to contact us at
UpToTen, Astor Court, Port Louis, Mauritius
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