Terms of Service
Last updated: 12 March 2019
This terms of service shall be effective immediately.
THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.whonix.org website (the "Service") operated by ENCRYPTED SUPPORT LP ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you disagree with any part of the Terms then you are prohibited from using or accessing this website, software and services. If you are not willing to be bound by these Terms, please do not use our website, software and services.
The materials contained in this website are protected by applicable copyright and trademark law.
If you live in an embargoed similar sanctioned territory you must stay away from our services.
The websites and the services offered by ENCRYPTED SUPPORT LP are NOT addressed to persons who are resident, national or agent of or have their registered office or place of residence in any:
- Restricted Territories
- North Korea
- or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions
If you are an embargoed similar sanctioned person you must stay away from our services.
The websites and the services offered by ENCRYPTED SUPPORT LP are NOT addressed to persons who are:
- Restricted Persons
- are a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government or by the European Union.
If you intent do deal in any way with embargoed similar sanctioned territory or person you must stay away from our services.
The websites and the services offered by ENCRYPTED SUPPORT LP are NOT addressed to persons who are:
- intend to transact with any Restricted Territories or Restricted Persons.
Consequences of Restrictions
If any of the restrictions mentioned above apply to you, then you must stay away from our services.
Restricted Territories or Restricted Persons are prohibited from purchasing our products and services and from viewing our websites.
The purchase of our products and services ore viewing of our websites by Restricted Territories or Restricted Persons may constitute violation respectively of the respective laws by such Persons.
The purchase or use our products and services or viewing of our websites is allowed only in the case when it is legal and will not violate applicable laws.
Should Restricted Territories or Restricted Persons have gained ownership our products and services, we strongly recommends such users to discontinue ownership, by way not forbidden by applicable laws.
Export Control Restrictions
Stay away from our service if you violate export control restrictions.
The Services are subject to all applicable export control restrictions, and, by using the Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Services if you are in violation of such export control restrictions.
The Services are not for use by anyone under the age of 18.
As a Representative of an Entity
If you are accessing the Services on behalf of an entity you represent and warrant that you have authority to bind the entity to these Terms.
You also certify that you are legally permitted to use and access the Services, and take full responsibility for the selection and use of the Services.
Void where Prohibited by Law
The availability of our Services in your place or places is not an invitation or offer by ENCRYPTED SUPPORT LP to access or use our website or Services.
If our Service is prohibited in your place or placed, stay away from our service.
These Terms are void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. You are solely responsible for complying with all laws, rules and regulations applicable to your use of the Service.
The availability of our Services in your jurisdiction(s) is not an invitation or offer by ENCRYPTED SUPPORT LP to access or use our website or Services.
Refusal of service
We can refuse service to any person or anyone whatsoever for any reason.
ENCRYPTED SUPPORT LP may, in its sole and absolute discretion, without liability, refuse to offer the Services to any person or entity at any time and for any reason.
Change of Eligibility Criteria
We can change who is allowed to use our services and who is not at any time.
ENCRYPTED SUPPORT LP may change its eligibility criteria at any time.
Minimum English Language Comprehension Skills
If English is not your first language, it is your responsibility to retain a certified translator or attorney that can explain to you our legal agreements before consenting to them and before using any of our Services.
However as a recognized language in the EU, this notice will be considered as sufficient and binding if you consent to use our services or communicate with us.
Minimum Legal Comprehension Skills
If you cannot fully understand our legal agreements, it is your responsibility to retain an attorney that can explain to you our legal agreements before consenting to them and before using any of our Services.
However as a recognized language in the EU, this notice will be considered as sufficient and binding if you consent to use our services or communicate with us.
Copyright Transfer Agreement
You will give up the copyright of any contributions you make to on our Sites and transfer it to ENCRYPTED SUPPORT LP.
The laws of most jurisdictions throughout the world automatically confer exclusive Copyright and Related Rights (defined below) upon the creator and subsequent owner(s) (each and all, an "owner") of an original work of authorship and/or a database (each, a "Work").
We need to reliably and without fear of later claims of infringement build upon, modify, incorporate in other works, reuse and redistribute user contributions freely as possible in any form whatsoever and for any purposes, including without limitation commercial purposes.
A Work made available to us may be protected by copyright and related or neighboring rights ("Copyright and Related Rights"). Copyright and Related Rights include, but are not limited to, the following:
- the right to reproduce, adapt, distribute, perform, display, communicate, and translate a Work;
- moral rights retained by the original author(s) and/or performer(s);
- publicity and privacy rights pertaining to a person's image or likeness depicted in a Work;
- rights protecting against unfair competition in regards to a Work, subject to the limitations in paragraph 4(a), below;
- rights protecting the extraction, dissemination, use and reuse of data in a Work;
- database rights (such as those arising under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, and under any national implementation thereof, including any amended or successor version of such directive); and
- other similar, equivalent or corresponding rights throughout the world based on applicable law or treaty, and any national implementations thereof.
To the greatest extent permitted by, but not in contravention of, applicable law, you hereby overtly, fully, permanently, irrevocably and unconditionally waive, abandon, and surrender all of your Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work
- (i) in all territories worldwide,
- (ii) for the maximum duration provided by applicable law or treaty (including future time extensions),
- (iii) in any current or future medium and for any number of copies, and
- (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes
to us. You acknowledge and agree that all your contributions will be the sole and exclusive property of ENCRYPTED SUPPORT LP and you hereby irrevocably assign to ENCRYPTED SUPPORT LP and agree to irrevocably assign to ENCRYPTED SUPPORT LP, free and clear of any restrictions or encumbrances, all of your right, title, and interest in and to all your contributions, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. This assignment includes, without limitation, all worldwide copyrights in and to the contribution, and the right to sue for past and future infringement. At ENCRYPTED SUPPORT LP request and expense, you will execute documents and take such further acts as ENCRYPTED SUPPORT LP may reasonably request to assist ENCRYPTED SUPPORT LP to acquire, perfect, and maintain its intellectual property rights and other legal protections for the contributions.
You contribute for the benefit of ENCRYPTED SUPPORT LP and to the detriment of your heirs and successors, fully intending that your copyright assignment to us shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by your express Statement of Purpose.
If law doesn't permit to transfer your copyright to us, you grant us a very broad license on your content.
Should any part of the Copyright Transfer Agreement to ENCRYPTED SUPPORT LP for any reason be judged legally invalid or ineffective under applicable law, then the Copyright Transfer Agreement shall be preserved to the maximum extent permitted taking into account your express Statement of Purpose. In addition, to the extent the Copyright Transfer Agreement is so judged you hereby grant to ENCRYPTED SUPPORT LP a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, irrevocable and unconditional license to exercise your Copyright and Related Rights in the Work
- (i) in all territories worldwide
- (ii) for the maximum duration provided by applicable law or treaty (including future time extensions),
- (iii) in any current or future medium and for any number of copies, and
- (iv) for any purpose whatsoever, including without limitation to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, remix, use commercially, use in advertising, promotional, and sell your contribution (the "License")..
The License shall be deemed effective as of the date your contribution was submitted to us.
Should any part of the License for any reason be judged legally invalid or ineffective under applicable law, such partial invalidity or ineffectiveness shall not invalidate the remainder of the License, and in such case you hereby affirm that he or she will not
- (i) exercise any of his or her remaining Copyright and Related Rights in the Work or
- (ii) assert any associated claims and causes of action with respect to the Work, in either case contrary to your express Statement of Purpose.
You irrevocably waive and agree never to assert such rights against Us, any of our successors in interest, or any of our licensees, either direct or indirect.
For patent claims including, without limitation, method, process, and apparatus claims which You or Your Affiliates own, control or have the right to grant, now or in the future, You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable patent license, with the right to sublicense these rights to multiple tiers of sublicensees, to make, have made, use, sell, offer for sale, import and otherwise transfer the Contribution and the Contribution in combination with the Material (and portions of such combination). This license is granted only to the extent that the exercise of the licensed rights infringes such patent claims.
You acknowledge that We are not obligated to use Your Contribution as part of the Material and may decide to include any Contribution We consider appropriate.
Sale of Your Contributions
We can sell your contribution without compensation to you.
You agree that a business or other entity may pay us to display your contributions in connection with paid or sponsored content or promotions, without any compensation to you.
Waiver of Moral Rights
You agree that you have no right to attribution of authorship or other moral rights to the utmost extent legally permitted.
The attribution log may be deleted.
If moral rights apply to the Contribution, to the utmost extent legally permitted, the contributor also hereby forever waives and agrees never to assert any and all Moral Rights (as defined below) he may have in or with respect to any Invention, even after termination of his work on behalf of the Company.
"Moral Rights" mean any rights to claim authorship of an Invention to object to or prevent the modification of any Invention, or to withdraw from circulation or control the publication or distribution of any Invention, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether or not such right is denominated or generally referred to as a "moral right."
Unsolicited Idea Submission Policy
Any feedback you provide at this site shall be deemed to be non-confidential.
ENCRYPTED SUPPORT LP shall be free to use such information on an unrestricted basis.
ENCRYPTED SUPPORT LP or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to ENCRYPTED SUPPORT LP or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ENCRYPTED SUPPORT LP’s products or marketing strategies might seem similar to ideas submitted to ENCRYPTED SUPPORT LP. If, despite our request that you not send us your ideas, you still submit them, then regardless of what you say, the following terms shall apply to your submissions.
You agree that:
- (1) your submissions and their contents will automatically become the property of ENCRYPTED SUPPORT LP, without any compensation to you;
- (2) ENCRYPTED SUPPORT LP may use or redistribute the submissions and their contents for any purpose and in any way;
- (3) there is no obligation for ENCRYPTED SUPPORT LP to review the submission; and
- (4) there is no obligation to keep any submissions confidential.
- (5) you do not submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.
You confirm that:
(a) You have the legal authority to enter into this Agreement.
(b) You or Your Affiliates own the Copyright and patent claims covering the Contribution which are required to grant the rights under Section Copyright Transfer Agreement.
(c) The grant of rights under Section Copyright Transfer Agreement does not violate any grant of rights which You or Your Affiliates have made to third parties.
(d) You will not submit a work if You do not own the Copyright of the entire work.
(e) If You or We assign the rights or obligations received through this Agreement to a third party, as a condition of the assignment, that third party must agree in writing to abide by all the rights and obligations in the Agreement.
CLASS ACTION WAIVER
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND ENCRYPTED SUPPORT LP 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 ACTION.
Unless both you and ENCRYPTED SUPPORT LP agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM AS MUCH WARRANTIES AND LIABILITIES AS POSSIBLE.
THE INFORMATION CONTAINED ON https://www.whonix.org WEBSITE (THE "SERVICE") IS FOR GENERAL INFORMATION PURPOSES ONLY.
THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMITTED BY LAW, ENCRYPTED SUPPORT LP SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN OUR CONTENT OR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR CONTENTS OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR CONTENTS OR WEBSITE.
YOUR USE OF OUR CONTENTS, WEBSITE OR SERVICES ARE AT YOUR OWN RISK.
ENCRYPTED SUPPORT LP MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT.
ENCRYPTED SUPPORT LP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ENCRYPTED SUPPORT LP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
FURTHER, ENCRYPTED SUPPORT LP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
ENCRYPTED SUPPORT LP DISCLAIMS LIABILITY FOR ANY LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON OR IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR IN CONNECTION WITH THIS SERVICE, WEBSITE OR ANY CONTENT, THE DELAY OR INABILITY TO USE OUR CONTENTS OR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT.
IN NO EVENT SHALL EITHER ENCRYPTED SUPPORT LP OR THEIR AGENTS BE LIABLE FOR ANY LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON OR IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR IN CONNECTION WITH THIS SERVICE, WEBSITE OR ANY CONTENT, THE DELAY OR INABILITY TO USE OUR CONTENTS OR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THIS WEBSITE OR ANY CONTENT.
ENCRYPTED SUPPORT LP RESERVES THE RIGHT TO MAKE ADDITIONS, DELETIONS, OR MODIFICATION TO THE CONTENTS ON THE SERVICE AT ANY TIME WITHOUT PRIOR NOTICE.
ENCRYPTED SUPPORT LP MAKES NO WARRANTY THAT,
- (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
- (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
- (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
- (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY ENCRYPTED SUPPORT LP AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
IN NO EVENT SHALL ENCRYPTED SUPPORT LP’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO ENCRYPTED SUPPORT LP FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, ENCRYPTED SUPPORT LP DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. ENCRYPTED SUPPORT LP AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTENTS OFFERED BY US.
ENCRYPTED SUPPORT LP MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.
This Disclaimer for ENCRYPTED SUPPORT LP has been created with the help of TermsFeed.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE LIMIT OUR LIABILITY AS MUCH AS POSSIBLE.
THE ABSOLUTE MAXIMUM LIABILITY FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ENCRYPTED SUPPORT LP.
TO THE FULLEST EXTENT PERMITTED BY LAW, ENCRYPTED SUPPORT LP IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF ENCRYPTED SUPPORT LP HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO
- (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE;
- (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE;
- (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR
- (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
You should not assume that the information contained on our Website has been updated or otherwise contains current information.
Postings on our Website are made at such times as ENCRYPTED SUPPORT LP determines in its discretion. ENCRYPTED SUPPORT LP does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
ENCRYPTED SUPPORT LP shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.
No Legal Advice
You understand the contents of this website are created by non-professionals.
You understand the contents of this website are created by amateurs.
You acknowledge that we are not attorneys or paralegals.
Information is provided for entertainment and does not constitute legal, financial, tax or any other kind of regulated advice.
We do not offer legal, financial, tax or any other kind of regulated advice.
You acknowledge that we do not endorse any specific attorney or paralegal or any Contracts as being better than another. We do not otherwise guarantee the legal accuracy or applicability of any information for your legal needs. You will at all times look to any attorney or paralegal that you select for services as to any legal claims related to such services.
We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your situation, clauses, or apply the law to the facts of your situation.
If you need legal advice for a specific problem, you should consult with a licensed attorney.
Neither ENCRYPTED SUPPORT LP nor any information provided by ENCRYPTED SUPPORT LP is a substitute for legal, financial, tax or any other kind of regulated advice from a qualified person licensed to practice in an appropriate jurisdiction. As ENCRYPTED SUPPORT LP is not a law firm or otherwise qualified or licensed firm, please note that communications between you and ENCRYPTED SUPPORT LP may not be protected as privileged communications under the attorney-client privilege or work product doctrine.
Your use of the Services does not create an attorney-client relationship between you and ENCRYPTED SUPPORT LP, or between you and any ENCRYPTED SUPPORT LP employee or representative.
ENCRYPTED SUPPORT LP is not a "Lawyer Referral Service" or "company formation company referral service". The lawyers and company formation services published on our website is provided to the public free of charge and is for research purposes only.
ENCRYPTED SUPPORT LP does not endorse or recommend any attorney or company formation service nor does it make any warranty as to their qualifications or competency.
No Financial Advice
ENCRYPTED SUPPORT LP does not provide financial advice.
ENCRYPTED SUPPORT LP does not advise on the merits of any particular transactions, trading risk or their tax consequences, and ENCRYPTED SUPPORT LP does not provide any other financial, investment or legal advice in connection with the Services. To the extent that we or our representatives do provide trading recommendations, market commentary, or any other information, the act of doing so is incidental to your relationship with us and such information must not be considered as investment or financial advice and should not be construed as such. Any decision to buy or sell anything is the User’s decision and ENCRYPTED SUPPORT LP will not be liable for any loss suffered.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ENCRYPTED SUPPORT LP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE, SOFTWARE OR ANY CONTENTS OR SERVICES YOU RECEIVE FROM US.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ENCRYPTED SUPPORT LP; AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, CONSULTANT, CONTRACTORS, PARTNERS, VENDORS, SERVICE PROVIDERS (INCLUDING, WITHOUT LIMITATION, HOSTING AND TELECOMMUNICATIONS PROVIDERS), RESELLER, OWNER, OPERATOR, SHAREHOLDERS, PREDECESSORS, OR SUCCESSORS IN INTEREST OF ENCRYPTED SUPPORT LP FROM AND AGAINST ANY AND ALL CLAIMS, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES INCLUDING BUT NOT LIMITED TO; ATTORNEY’S FEES, DEMANDS, OBLIGATIONS, DAMAGES (ACTUAL, SPECIAL, INDIRECT OR CONSEQUENTIAL, INCLUDING LOST PROFIT DAMAGES, REGARDLESS OF WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), COSTS, HEALTH COMPLICATIONS, AND EXPENSES AND ANY THEORY OF LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, THAT YOU MAY HAVE AGAINST US OR THEM ARISING FROM THE FOLLOWING, INCLUDING, WITHOUT LIMITATION:
- (I) YOUR USE OF AND ACCESS TO THE WEBSITE, SOFTWARE OR ANY CONTENTS OR SERVICES; AND
- (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF SERVICE; AND
- (III) USE OF ANY PRODUCT LINKED TO FROM THE WEBSITE, SOFTWARE OR ANY CONTENTS OR SERVICES; AND
- (IV) ANY SERVICE OFFERED INCLUDING WITHOUT LIMITATION ANY MEDICAL TREATMENT ADMINISTERED BY THIRD PARTIES; AND
- (V) ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR ACCESS TO THE WEBSITE, SOFTWARE OR ANY CONTENTS OR SERVICES; AND
- (VI) YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY RIGHT; AND
- (VII) ANY REASON WHATSOEVER NOT EXPLICITLY AFOREMENTIONED.
THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF OUR WEBSITE, SOFTWARE OR ANY CONTENTS OR SERVICES.
CAUSE OF ACTION LIMITATIONS
YOU AND ENCRYPTED SUPPORT LP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If we want to make a refund as a gesture of goodwill, we will refund the payment the same way you sent it to us, unless we agree to something else.
A refund shall not be construed as an admission of guilt.
To prevent fraud, and to prevent refunding the wrong person, depending on the transaction, we may have to ask for proof of the transaction as well as for proof of ownership of the recipient account.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not provided, maintained, controlled, owned or in any way affiliated with ENCRYPTED SUPPORT LP and do not constitute an endorsement by ENCRYPTED SUPPORT LP of any products or services.
Such links are provided for your convenience and reference only.
ENCRYPTED SUPPORT LP does not monitor and has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ENCRYPTED SUPPORT LP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Please note that the name does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. You should always independently verify such information. You should investigate those sources on your own.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
ENCRYPTED SUPPORT LP does not warrant that the these third-party web sites or services are free of viruses or other harmful components.
ENCRYPTED SUPPORT LP's inclusion of links to an outside Websites does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise.
ENCRYPTED SUPPORT LP's inclusion of links to an outside Websites does not imply any sponsorship, affiliation or association with its owner, operator or sponsor of the material on our Website or, unless expressly disclosed otherwise.
ENCRYPTED SUPPORT LP's inclusion of the links does not imply that ENCRYPTED SUPPORT LP is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.
Links to Our Website as Non-Endorsements
If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You may not transfer or assign this Agreement or any rights or obligations you have under this Agreement without our prior written consent or otherwise and any such attempted assignment shall be void. We reserve the right to freely assign or transfer this Agreement and the rights and obligations of this Agreement, to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this Agreement.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Saint Kitts and Nevis, without regard to its conflict of law provisions.
Non-Waiver of our Rights
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Our performance under these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of your or our right to comply with governmental, court and law enforcement requests or requirements relating to your use of ENCRYPTED SUPPORT LP or information provided to or gathered by us with respect to such use.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
If any provision or portion of these Terms of Service is held illegal, invalid, or unenforceable, in whole or in part, it shall be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable and shall not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Service, and the other provisions of the Terms and Conditions shall remain in full force and effect.
ENCRYPTED SUPPORT LP may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version our Terms.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
What constitutes a major change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
YOU HEREBY WAIVE ANY RIGHT YOU MIGHT HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES.
Copyrights and Trademarks
Our website is copyrighted.
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by ENCRYPTED SUPPORT LP.
Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. ENCRYPTED SUPPORT LP aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of ENCRYPTED SUPPORT LP, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from ENCRYPTED SUPPORT LP. ENCRYPTED SUPPORT LP prohibits use of any logo of ENCRYPTED SUPPORT LP or any of its affiliates as part of a link to or from any Website unless ENCRYPTED SUPPORT LP approves such link in advance and in writing. Fair use of ENCRYPTED SUPPORT LP's Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.
You may use this website only in accordance with these Terms and Conditions of Use and for lawful purposes as stipulated by law. You may not abuse this website in any way.
You may not use our service in any manner that violates any law, regulation, treaty or tariff or infringes on the legal rights of any third party, in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, to threaten, harass, abuse or intimidate others, to damage the name or reputation of the Websites, its affiliates, or subsidiaries, to break security on any computer network, or to access an account that does not belong to you, and in any manner that interferes with other customers’ use and enjoyment of the services provided by the Website.
Imbalance Bargain Power Check
If you judge these Terms to be unacceptable, incomprehensible or unconscionable to you but you are intending to agree to these Terms anyway because of an imbalance in baring power, we do hint you at:
- A) there are competitors with different Terms of Service. AND
- B) you are welcome to attempt to negotiate any element these terms by contacting us.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Service or use of our Service.
The relationship between you and us is that of licensee/licensor. We are the licensor. You are the licensee. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.
No Voting Rights
Any donation or payment you sent to ENCRYPTED SUPPORT LP does not make you elegible for voting rights.
Any donation or payment you sent to ENCRYPTED SUPPORT LP does not make you a shareholder.
How you can report copyright infringement.
ENCRYPTED SUPPORT LP respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, ENCRYPTED SUPPORT LP will respond expeditiously to claims of copyright infringement committed using the ENCRYPTED SUPPORT LP service and/or the ENCRYPTED SUPPORT LP website (the “Site”) if such claims are reported to ENCRYPTED SUPPORT LP’s Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to ENCRYPTED SUPPORT LP’s Designated Copyright Agent. Upon receipt of Notice as described below, ENCRYPTED SUPPORT LP will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to ENCRYPTED SUPPORT LP’s Designated Copyright Agent:
ENCRYPTED SUPPORT LP
WEST WILMOT ST. 45 B, Suite 201
Richmond Hill, OM L4B 2P3
By entering into this Agreement, you agree to receive electronic communications and notifications in accordance with our E-Sign Consent Policy.
This Agreement is provided to you and concluded in English. We will communicate with you in English for all matters related to your use of our Services.
Printing and mailing correspondence, disclosures, and account statements takes time and money, so we like to handle these matters electronically.
Where we have provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your use of the Services.
Our Terms of Service Document Attribution
The Terms and Conditions agreement for ENCRYPTED SUPPORT LP has been created with the help of TermsFeed and modified by ENCRYPTED SUPPORT LP.
If you have any questions about these Terms, please contact us.
Any software ("Software") that is made available to you to download from this website is the copyrighted work of ENCRYPTED SUPPORT LP and/or third parties. Your use of the Software is governed by the terms of the license agreement which accompanies or is included with the Software ("License Agreement"). You will not install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.
SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
Products Specific Terms and Conditions
Overview of Our Products
ENCRYPTED SUPPORT LP is providing several products.
- Whonix ™ - a Software
- Whonix ™ Website
- Plus Support - a consultation service
- Premium Support - another consultation service
Product Specific Terms and Conditions versus general Terms and Conditions
Each product has their own product specific Terms and Conditions. Product Specific Terms and Conditions apply on top of our general Terms and Conditions. In the case of conflict between Product Specific Terms and our general Terms and Conditions the general Terms and Conditions will prevail.
Whonix ™ and Whonix ™ Website
Whonix ™ is Software.
Access to Whonix ™ Website and Whonix ™ is gratis, free of charge, an endowment or in other words, a gift, donation.
It is impossible to buy or to pay for Whonix ™ Website or Whonix ™. You cannot buy, pay for, rent or acquire shareholder rights, voting rights, dividend rights or any other rights.
If you like to know why Whonix ™ Website and Whonix ™ is gratis, you can see the article Why Whonix ™ will always be Free as in Price as well as in Freedom. which however is not part of these Terms.
One reason why Whonix ™ Website and Whonix ™ is gratis is to promote our other products.
Whonix ™ is copyrighted by ENCRYPTED SUPPORT LP and released under a Free/Freedom Software license. Before downloading, distributing, modifying or using Whonix ™, you must acknowledge, understand and agree to its License Agreement.
Some pages on Whonix ™ Website contain contents which are copyrighted and licensed under the same License Agreement as Whonix ™. Before reading, downloading, distributing, modifying or using Whonix ™ Website, you must acknowledge, understand and agree to its Terms of Service and License Agreement. Each page licensed under a Free/Libre license will have notice in its page footer describing under which license it is available.
Whonix ™ is an aggregate work of many works, each covered by their own license(s). For the purposes of determining what you can do with specific works in Whonix ™, this policy should be read together with the license(s) of the relevant packages. For the avoidance of doubt, where any other license grants rights, this policy does not modify or reduce those rights under those licenses.
We are not by any means obligated to provide technical support, phone support, or any other support or updates to you for the materials licensed under this Agreement. Technical support, if available and agreed to, may be acquired through a separate product.
Plus Support is a paid consultation service.
By sending a Donation to ENCRYPTED SUPPORT LP you are eligible for Plus Support for a period of 30 days after the payment is made.
The client agrees to review Patrick's forum activity before the purchase to see if the client is satisfied with the quality of answers.
Donations to this project does not automatically guarantee access to other future services provided by ENCRYPTED SUPPORT LP unless otherwise specified.
How to Buy Plus Support
1. Choose a relevant payment option and make the Donation.
2. The customer is eligible for priority support for a period of 30 days after the payment is made. ("eligibility period")
3. E-mail Patrick with proof of the payment and submit your question. The proof of payment must include the customer's full name, the transaction ID, country of residence, and country of habitual residence.
4. Depending on the customer's priority, the timeliness and comprehensiveness of the reply may vary.
The customer may still receive replies after the eligibility period. These replies are goodwill, free of charge under the same terms and conditions and do not constitute an extension of the eligibility period. To extend the eligibility period, please make another donation.
ENCRYPTED SUPPORT LP is not a Qualified Charitable Organization. Therefore donations might not be tax-deductible expenses - first consult a tax advisor, as this does not constitute tax advice.
Corporations who purchase Plus Support packages may be able to claim these as tax-deductible expenses - first consult a tax advisor, as this does not constitute tax advice.
Premium Support is a paid consultation service.
End of Terms of Service.