|
By using the service you are deemed to have accepted the
below terms and conditions.
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to Invendium Ltd's web
sites, you agree to be bound by
these Terms of Use, and as amended from time to time with or without notice
to you. In addition, if you are using a particular service on or through any
Invendium Ltd web site, you will be subject to any rules or guidelines
applicable to those services and they shall be incorporated by reference
into these Terms of Use.
Please see our
Privacy Policy, which is incorporated into these Terms of Use by
reference.
2. Our Service.
Invendium Ltd's web sites and services provided to you on and through our
web site on an "AS IS" basis. You agree that Invendium Ltd exclusively
reserves the right and may, at any time and without notice and any liability
to you, modify or discontinue Invendium Ltd's web sites and its services or delete the
data you provide, whether temporarily or permanently. We shall have no
responsibility or liability for the timeliness, deletion, failure to store,
inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use the sites you agree to provide truthful information when
requested, and be at least the age of thirteen (13) or older. When
registering, you explicitly agree to our Terms of Use and as may be modified
by us from time to time and available here.
4. Privacy Policy.
Registration data and other personally identifiable information that we may
collect is subject to the terms of our Privacy
Policy.
5. Registration and Password.
You are responsible to maintain the confidentiality of your password and
shall be responsible for all uses via your registration and/or login,
whether authorized or unauthorized by you. You agree to immediately notify
us of any unauthorized use or your registration, user account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose user
account is used. You agree that our web site may expose you to Content that
may be objectionable or offensive. We shall not be responsible to you in any
way for the Content that appears on Invendium Ltd's web
sites nor for any error or
omission.
You explicitly agree, in using Invendium Ltd's web sites or any service provided, that
you shall not:
(a) provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt
Invendium Ltd's web sites or
any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal liability,
or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity,
or forge or otherwise seek to conceal or misrepresent the origin of any
Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use Invendium Ltd's web sites and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam, chain
letters, pyramid schemes, or any other form of unauthorized advertising
without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal
liability or which may constitute or be considered a violation of any local,
national or international law, including but not limited to laws relating to
copyright, trademark, patent, or trade secrets.
7. Submission of Content on Invendium Ltd's web sites.
By providing any Content to our web sites:
(a) you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create derivative
works and compilations, in whole or in part. Such license will apply with
respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant us with the license set forth in this
Section 7;
(c) you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to remove or
block access to any Content you provide at any time and for any reason, with
or without notice.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made available
on or through Invendium Ltd's web sites. Representations made regarding products and
services provided by third parties are governed by the policies and
representations made by these third parties. We shall not be liable for or
responsible in any manner for any of your dealings or interaction with third
parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or
demand, including reasonable attorney's fees, that may be made by any third
party, that is due to or arising out of your conduct or connection with
Invendium Ltd's web sites or service, your provision of Content, your violation of this
Terms
of Use or any other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF
Invendium Ltd's
web sites AND ANY SERVICES OR
CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT
YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL
BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR
DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN
THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH
ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the
above disclaimer may not apply to you only as it relates to implied
warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE
OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE
GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH
THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE,
OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore
such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other proprietary
right that we may have in our web site, its content, and the goods and
services that may be provided. The use of our rights and property requires
our prior written consent. We are not providing you with any implied or
express licenses or rights by making services available to you and you will
have no rights to make any commercial uses of our web site or service
without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that would be
considered copyright infringement or a violation of your intellectual
property rights, our copyright agent may be contacted at the following
address:
Click to contact our webmaster
14. Applicable Law.
You agree that this Terms of Use and any dispute arising out of your use of
Invendium Ltd's web sites or our products or services shall be governed by and construed
in accordance with local laws where the headquarters of the owner of
Invendium Ltd's web sites is located, without regard to its conflict of law provisions. By
registering or using Invendium Ltd's web sites and service you consent and submit to the
exclusive jurisdiction and venue of the county or city where the
headquarters of the owner of Invendium Ltd's web sites is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which
any provision may be held invalid by a court with jurisdiction over the
parties, such provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable law, and the
remainder of this Terms of Use will remain valid and intact; (ii) The
failure of either party to assert any right under this Terms of Use shall
not be considered a waiver of any that party's right and that right will
remain in full force and effect; (iii) You agree that without regard to any
statue or contrary law that any claim or cause arising out of
Invendium Ltd's web sites
or its services must be filed within one (1) year after such claim or cause
arose or the claim shall be forever barred; (iv) We may assign our rights
and obligations under this Terms of Use and we shall be relieved of any
further obligation.
|