VASCO MYDIGIPASS Terms and Conditions of Use
THESE TERMS GOVERN YOUR USE OF THE WEBSITE AND THE WEBSITE SERVICES, AND CONSTITUTE A LEGAL AND ENFORCEABLE AGREEMENT BETWEEN VASCO AND YOU. BY CLICKING ON THE "I ACCEPT" BUTTON, USING THE WEBSITE OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS, YOU REPRESENT AND ACKNOWLEDGE THAT YOU HAVE READ ITS CONTENTS AND YOU AGREE TO BE BOUND BY ALL ITS PROVISIONS, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SET FORTH BELOW. IF YOU ARE AT LEAST 14 YEARS OF AGE BUT BELOW 18, YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU MUST REVIEW THESE TERMS WITH YOUR PARENTS OR LEGAL GUARDIAN, AND YOU WILL ENSURE THAT YOU AND YOUR PARENTS OR LEGAL GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS BEFORE SIGNIFYING YOUR ACCEPTANCE. IF YOU OR YOUR PARENTS OR LEGAL GUARDIAN DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCEPT THE SAME AND YOU MUST NOT USE OR ACCESS THE WEBSITE.
"VASCO" refers to VASCO Data Security, Inc., 1901 South Meyers Road, Suite 210, Oakbrook Terrace, Illinois, U.S.A., if and to the extent you are legally domiciled in North, South, Central America or the Caribbean and VASCO Data Security International GmbH, Balz-Zimmermannstrasse 7, CH-8152 Glattbrugg, Switzerland, if and to the extent you are legally domiciled outside of North, South, Central America or the Caribbean.
1. MYDIGIPASS Account and User Profile
To use the Website, you must register a MYDIGIPASS account (“Account”) and maintain a User Profile. When you register, VASCO will ask for personal information such as your full name, date of birth, address, state and country, email address, mobile phone number (“Personal Information”), and a static password. If you are a Belgium electronic identity card (“eID Card”) user certain data from your eID Card will be transmitted to establish your Account when you select MYDIGIPASS as the method of authenticating your identity. You may be registered only (1) if you are at least 18 years of age at the time of registration, or (2) if your are between the ages of 14 and 18 and your parents or legal guardian have consented to your use of MYDIGIPASS and your parents or legal guardians can provide confirmation of such consent (3) and if you agree to the MYDIGIPASS Privacy Statement and these Terms.
If VASCO discovers that any Personal Information you provide in your Account is inaccurate or incomplete, or if VASCO determines that you are not an appropriate user of the Website, VASCO may terminate your right to access or use the Website immediately without notice. Once registered, you may begin to use MYDIGIPASS online authentication service for secure log in and facilitated access to websites of third party service providers linked to MYDIGIPASS online authentication (“Website Services”). In accessing third party websites or portions of the Website, you may be asked to provide additional information. All personal information you provide or which is provided to or collected by VASCO will be used in accordance with the MYDIGIPASS Privacy Statement and you should review that Privacy Statement prior to establishing a MYDIGIPASS account.
2. VASCO DIGIPASS enabled for MYDIGIPASS
To access the Website Services, you will need a DIGIPASS hardware or DIGIPASS client software available via your computer, mobile device or other MYDIGIPASS compatible device (collectively “DIGIPASS”) enabled for use with MYDIGIPASS. Your use of the MYDIGIPASS enabled DIGIPASS is governed by the Software License Agreement that you accept with these Terms. A compatible device that is not provided by VASCO but by a third party is governed by third party provider terms. A MYDIGIPASS enabled or compatible DIGIPASS provides two factor authentication in conjunction with the MYDIGIPASS Website.
You may obtain the MYDIGIPASS enabled DIGIPASS from VASCO, any VASCO authorized reseller, or a third party that issues to you directly or through VASCO a DIGIPASS compatible for use with MYDIGIPASS (“Third Party Issued DIGIPASS”).
Use of Third Party Issued DIGIPASS is subject to conditions and restrictions imposed by the third party issuer that include: (i) authority for Third Party Issued DIGIPASS to be MYDIGIPASS enabled; (ii) authority for restricted or unrestricted access to the Website and third party application services using the Third Party Issued DIGIPASS; and (iii) the right of the third party issuer to terminate at any time your use of the Third Party Issued DIGIPASS. The termination of your right to use the Third Party Issued DIGIPASS may affect your Account, and if you desire to resume accessing the Website Services by obtaining from VASCO a MYDIGIPASS enabled DIGIPASS you should contact VASCO.
3. Access to THIRD PARTY Content
The Website allows you to access third party application service providers’ or other third party websites, services, products, or software applications ("Third Party Content"). Third Party Content may be provided by private groups, or commercial or government entities,
4. Website Activity
You agree to take full responsibility for all activities in your Account and for all information in your User Profile. If you become aware of any unauthorized use of your password or your Account, you must notify VASCO promptly.
You agree to use the Website in compliance with these Terms, the MYDIGIPASS Privacy Statement, and all applicable laws, rules and regulations. In case of your non-compliance, VASCO reserves the right to terminate your access to the Website, delete your User Profile, and to take all other action VASCO deems necessary.
You will not use the Website and Website Services (ii) to post, distribute, or otherwise make available or transmit any code or computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (ii) to interfere or disrupt networks connected to the Website; (iii) to infringe VASCO’s or any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, threatening, harmful, offensive or otherwise objectionable material of any kind or nature, or (v) to impersonate or defraud another person or engage in or encourage conduct that would constitute a criminal offense or give rise to civil liability.
VASCO reserves the right to modify these Terms at any time, with sufficient notice to you. If you do not agree to the modified Terms, you are free to delete your User Profile and to stop accessing the Website and the Website Services. Your continued use of the Website and the Website Services manifest your acceptance of any amended Terms. VASCO reserves the right to modify or discontinue the Website or any portion thereof for any reason.
6. Intellectual Property Rights
You acknowledge that the Website and all its content are protected by copyright and other intellectual property rights laws and international treaties. You are only permitted to access and use the Website as expressly authorized by these Terms. VASCO reserves all rights, express or implied, including title and interest not expressly extended to you in these Terms. All Third Party Content referenced in the Website is for identification purposes only and may be trademarks or service marks of their respective holders. Nothing in these Terms grants you, by implication, estoppel or otherwise, any license or right to use any intellectual property or trademark in the Website without the written permission of VASCO or such third party owner of the intellectual property right. You may not reproduce in any form or by any means without prior written permission from VASCO any part of the Website. You will not modify, distribute, publish, transmit or create derivative works of any Website content.
7. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL ITS CONTENT ARE PROVIDED "AS IS” AND “AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. VASCO DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY VASCO, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. VASCO DOES NOT WARRANT THAT THE WEBSITE OR THE OPERATION OF THE WEBSITE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. VASCO MAKES NO WARRANTY ON THE RESULTS FROM USE OF THE WEBSITE SERVICES OR THE ACCURACY OR SECURITY OF THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU ACCESS OR USE ANY THIRD PARTY CONTENT THROUGH THE WEBSITE AT YOUR OWN RISK AND THAT VASCO IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR ANY THIRD PARTY CONTENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE PRODUCTS OR SERVICES NOT STATED IN THIS AGREEMENT, WHETHER MADE BY EMPLOYEES OF VASCO OR OTHERWISE, SHALL BE DEEMED A WARRANTY BY VASCO FOR ANY PURPOSE, NOR GIVE RISE TO ANY LIABILITY OF VASCO WHATSOEVER. MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS OR UNDERTAKINGS, THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VASCO, ITS SUPPLIERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY THIRD PARTY CONTENT (INCLUDING BUT NOT LIMITED TO RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE THE WEBSITE, THE WEBSITE SERVICES, OR ANY OTHER HYPERLINKED THIRD PARTY WEBSITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES), OR FOR ANY DAMAGES RESULTING FROM ANOTHER PARTY’S USE OF YOUR ACCOUNT, REGARDLESS OF LEGAL THEORY, EVEN IF VASCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES IN CERTAIN CIRCUMSTANCES, THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH VASCO, ITS SUPPLIERS, LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED US FIFTY DOLLARS ($50). THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSIONS AND LIMITATIONS IN THESE TERMS.
You agree to indemnify, defend and hold VASCO and its licensors and their respective affiliates, employees, officers, directors, shareholders, and agents (the "Indemnified Parties") harmless from and against any and all liabilities, claims, costs, including reasonable attorneys' fees incurred by the Indemnified Parties in connection with any demand, claims, action, suit, damages or loss arising as a result of your breach of any provision in these Terms; or for any third-party claim, action or allegation of infringement or other fraud based on information, data, files or other content you provide.
You are responsible for maintaining the confidentiality of all credentials and information you receive from VASCO when using the Website Services. You must maintain the confidentiality of any usernames, passwords or One-Time Passwords associated with your Account and your use of the Website.
You agree to protect all information proprietary and confidential to VASCO or its licensors. These Terms do not grant you any right, title or interest in or to the confidential information disclosed or provided to you in connection with your use of the Website and the Website Services. You must not use the confidential information for any unauthorized, illegal or unlawful purpose or activity. You agree that your breach or threatened breach of these confidentiality terms entitles VASCO to all remedies which may be available at law and in equity, in the form of preliminary and permanent injunctions, without need to prove damages.
11. High Risk Activities
The Website is not fault-tolerant and is not designed, manufactured or intended for use in high risk activities, or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Website or of the operation of the Website Services could lead directly to death, personal injury or severe physical or environmental damage.
Any personal information collected on this Website may be used, accessed and shared in accordance with the MYDIGIPASS Privacy Statement.
14. Export Restrictions; Legal Compliance
The Website and the Website Services are subject to the United States Export Administration Regulations. The Website may not be accessed and the Website Services may not be used by or exported to a national or resident of Cuba, Iran, North Korea, Sudan, Syria, or any other embargoed country according to United States regulations; or by any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entity List, or to any person otherwise designated as prohibited from receiving U.S. exports. You represent and warrant that you are not any such person or entity prohibited to access the Website and to use the Website Services.
15. Force Majeure
VASCO will not be liable for delay or inadequate performance under these Terms due to any event beyond its reasonable control, such as acts of nature or any natural disasters, acts of war, of foreign combatants, of terrorism, or military or other usurped political power or confiscation, nationalization, government sanction or embargo, labor disputes of third parties to this contract, or the failure of electricity or other vital utility services.
16. Entire Agreement
These Terms, the Software License Agreement and the MYDIGIPASS Privacy Statement represent the complete agreement between VASCO and you, except as may be amended in accordance with these Terms. If any provision in these Terms is declared by a competent court as unlawful, void, or unenforceable, the declaration shall not affect the validity and enforceability of the remaining provisions. The failure of VASCO to exercise any right under these Terms shall not be deemed a waiver. Any remedy available to VASCO under these Terms is not exclusive of any other remedy, and the remedies are cumulative and in addition to every other remedy available at law or in equity.
17. Governing Law and Jurisdiction; Arbitration; Non-Waiver of Claims
These Terms are governed by and interpreted in accordance with the laws of the State of Illinois, U.S.A, if you are legally domiciled in North, South, Central America or the Caribbean, and by the laws of Switzerland if you are legally domiciled in a region outside of North, South, Central America or the Caribbean. Any dispute, claim or controversy arising out of these Terms or relating to your use of the Website or the Website Services shall be submitted to binding arbitration in the state of Illinois pursuant to the AAA rules of arbitration, if you are legally domiciled in North, South, Central America or the Caribbean, or in Zurich, Switzerland pursuant to the ICC rules of arbitration if you are legally domiciled in a region outside of North, South, Central America or the Caribbean. You and VASCO agree to exclude the application on these Terms of the United Nations Convention on Contracts for the International Sale of Goods. VASCO may seek injunctive relief in the courts with appropriate jurisdiction as may be necessary and appropriate. You agree not to participate in any class action lawsuit against VASCO. If you do not wish to be bound by the binding arbitration and class action waiver in this Section 17 you must notify VASCO in writing within 30 days of the date that you accept these Terms. You agree that any claim you may have under these Terms will expire after two years from the later of the date the claim arises or from the termination of these Terms.
Notice to you may be delivered electronically to the email address you provide in your Account, or by any means that VASCO deems sufficient to reach your attention. Notice to us from you must be in writing and sent by registered mail or express courier, receipt being deemed on the date shown in the return receipt or on courier confirmation of delivery, to:
VASCO Data Security International GmbH
Fax No.+41(0)43 555 35 01
Effectivity: 8 October 2014