We welcome you on our site! We encourage you to take time to read this document carefully as these Terms of Service describe terms on which we provide our services and products for you. It is critically important to understand every term herein before accessing or using this site in order to enjoy our services and products in the best possible way. Once you read these Terms of Service carefully you may have comments or questions related to thereto. We encourage you to address them to us using email@example.com. We thank you for your interest in our services and products!
These Terms of Service has been validated as of September 1st, 2018. We have the right (but not an obligation) to modify these Terms of Service or any of its part from time to time and as often as we may want and your continued use of our site, services and/or products will signify your acceptance of any modifications we made to these Terms of Service. Hence, we encourage you to review these Terms of Service regularly.
This site to be used under the terms described below and by accessing and/or using it you are unconditionally accepting to be bound by the terms and conditions described in these Terms of Service and any modified or additional terms that we may enact from time to time (jointly referred to as the "Terms of Service").These Terms of Service may be revised at anytime and without notice. Hence, we encourage you to review these Terms of Service periodically. Your continued access and/or use of this site after changes to or revised version of these Terms of Service been enacted by us will constitute your unconditional acceptance with the made changes to or revised version of the Terms of Service. If you breach any of the Terms of Service, your license to access or use this site shall automatically terminate.
In these Terms of Service: (i) “we”, “us”, “our” refer to Intellectual Property Depository and Management S.A., registered in Switzerland with federal identification number CH-660.5.528.015-1, UID CHE-339.647.697, located at the following address: avenue Pictet-De-Rochemont 7, 1207 Genève, Switzerland; (ii) “you”, “your” refers to you, i.e. the person accessing and/or using this site; (iii) “trademark” refers to any common law or registered trademarks, logos, service or product marks, trade names, Internet domain names, including name of this site, or other indications of origin now if in the future used by us; and (iv) “person” refers to individual, legal entity, corporate body, non-governmental organization and/or governmental organization (any authority). Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Any reference that you might find on our site to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
There are lot of images, footage, music, videos and similar data (jointly referred to as the “IP Content”) on our site. IP Content and any part of it is protected by relevant copyright, trademark, know-how, patent, trade secret and intellectual property laws and treaties. Use of IP Content or any part of it is only possible in compliance with these Terms of Service and applicable laws.
Unless it is directly provided herein or in a separate agreement between us and you, we do not grant you with any express or implied permission to use this site, our services, products, IP Content or any part of it. Hence, unless it is directly provided herein or in a separate agreement between us, you are not allowed and unconditionally agree NOT to copy, modify, adapt, republish, frame, link to, create derivative works based on, download, transmit, assign, distribute, display, rent, lease, loan, sell, reverse engineer, perform, license, sublicense or dispose in any other manner this site, IP Content or any part of it. Furthermore, you unconditionally agree NOT to (a) remove any watermarks or copyright notices contained in this site and/or IP Content or any part of it; or (b) use any data and/or image gathering and extraction methods (e.g. data mining, robots) in connection with this site and/or IP Content or any part of it.
For the avoidance of doubt, any provisions of this Section “Intellectual Property” are not applicable to IP Content that’s been uploaded by you on this site.
Unless it is directly provided herein or in a separate agreement between us and you, we do not grant you any rights or permission to use in any way any trademarks of ours, our affiliated persons, services providers and/or our partners; and such trademarks cannot be copied, imitated or used (either wholly or in part), without prior written permission of such trademark valid owner.
In addition to the above, you unconditionally agree that you shall not without our prior written permission: (i) use our trademarks in any manner that might tarnish, disparage, or negatively effect on us, any of such trademarks and/or our affiliates, service providers and/or partners; (ii) contest, initiate legal actions or otherwise challenge validity of our trademarks; and directly or indirectly assist and/or encourage any other person in such activities; (iii) use our trademarks or any variant thereof as a domain name or its part regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data; (iv) adopt or use any wording or visual which is similar to or likely to be confused with our trademarks; (v) use, copy or imitate, wholly or in part, the structure, look and feel of our site, including page headers, custom graphics, button icons, and scripts, all being elements of our service and trademark; (vi) use our trademark, logo, symbol, image or other proprietary visuals to establish link to our site and/or frame, hotlink to our site.
Terms above shall also be applicable in relation to our affiliates, service providers and/or partners, with respect to their trademarks, product, service and company names, logos, site and domain names, and similar, that appearing or used in our site. Unless directly stated otherwise, any reference to any service, product or other information by trademark, trade, service, product, site, company names, or otherwise does not constitute or imply our recommendation, endorsement, guarantee, quality assurance or sponsorship thereof.
Various services and products are made available to you by us, also through our site. Subject to your compliance with these Terms of Service, applicable laws and regulations, you are encouraged to access and enjoy using our site, services and products. By doing so you unconditionally agree NOT to: (i) violate, either by acting or withholding from acting, these Terms of Service, applicable laws, regulations and generally accepted online practices and/or our rights, as well as rights of any other person (including, but not limited to, copyright and/or intellectual property rights); (ii) abuse, defame, harass, stalk or threaten us and/or another person; (iii) access (or attempting to access) our site and/or any of our services, products by any means other than through the means we provide; (iv) be engaged in any activity that disrupts or interferes with our site, services and/or products, including the servers and/or networks to which our site is located or connected; (v) without our prior written permission copy, duplicate, reproduce, sell, trade, or resell our site, services and/or products, or any parts thereof; (vi) access and/or use our site, services and/or products, for purposes not relate to your business with us, our affiliates, partners and/or service providers; (vii) access and/or use our site, services and/or products for any person if you are not expressly and legally authorized by such person to do so; (viii) access and/or use our site, services and/or products to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information or visuals, including but not limited to real or imaginary video, image, text, audio recording, or other content that: exploits minors; depicts unlawful or violent acts, animal cruelty or violence towards animals; promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition.
By accessing and using our site, services and/or products you unconditionally agree that at any time and for any reason, with or without notice we, as well as our affiliates, partners or service providers, acting on our behalf, may: (i) modify, replace, or discontinue any of our services and/or products; (ii) collect data related to your use of our site, services and/or products;and/or (iii) use your credentials to upload on your behalf your data, files, images, audio, text, visuals and similar, into your online accounts in stock agencies selected by us, and that would not impact any of your business and contractual relations with such stock agencies.
Some parts of our site, services and/or products that’s been released to you may still be testing, i.e. not be fully functional. Hence, you may not be able to use them to the full extent. We may mark those parts in a way that their limited functionality is clear to you and other users of our site, services and/or products.
By accessing and using our site, services and/or products you unconditionally agree that we may, at our sole discretion, suspend or terminate your access to all or part of our site, services and/or products with or without notice and for any reason, including, but not limited to, breach of these Terms and Conditions, laws and regulations. Any suspected illegal, fraudulent or abusive activity may be grounds for us to terminate our relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use our site, services and/or products, will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
By accessing and using our site, services and products you confirm your full, unlimited, unconditional and sole responsibility for: (i) maintaining confidentiality of any login information associated with any account you use to access and use our site, services and/or products; (ii) all activities that occur under your account(s); (iii) any consequences, losses, or damages that you, as well as any of your affiliates, relatives, partners and/or service providers, may directly or indirectly incur or suffer due to use of our site, services and/or products, as well as any violations and non-compliance by you of any provisions of these Terms of Service, and such violations and non-compliance may incur criminal or civil liability; (iv) any information that you or any person using your account published, posted, distribute or disseminate in any format by means of our site, services and/or products; (v) any content downloaded or otherwise obtained through the use of our site, services and/or products, which is done at your own discretion and risk, and that you are solely responsible for any damage to your computer system or other devices for any loss of data that may result from the download of such content.
By accessing and using our site, services and/or products you unconditionally and irrevocably agree to indemnify and hold us, as well as our affiliates, partners, service providers, harmless from and against any and all direct and/or indirect losses, expenses, damages and costs, resulting from your violation and/or non-compliance with any provisions of these Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Service. In such event, you shall provide us with such cooperation and information as it is requested by us. Our failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
We shall not be responsible or liable for any destructive, harmful or disruptive files, programs, software, computer viruses or similar that may infect or otherwise negatively impact your computer system or other property through account of your access to, use of our site, services and/or products. We recommend that you install efficient anti-virus or other protective software.
Our site may provide links to other person’s site(s). Those links are made for your convenience only and does not imply that we monitor or endorse these sites. We shall not be responsible or liable, directly or indirectly, for such sites, any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, products or services available on or through any of such sites or linked resources.
We, as well as any of our directors, employees, affiliates, agents, service providers and/or partners, will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of accessing, relying upon, exploitation of and/or using of our site, services and/or products, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, even if we have been advised on the possibility of such losses or damages; and we shall also not be liable for the accuracy, relevance and/or completeness of the information on our site.
Notwithstanding any provisions of these Terms of Service, our earlier or future agreements, you expressly understand and agree that any of yours, and your affiliates, claims against us, and our affiliates, shall be limited to the amount you paid, if any, for use of our site, services and/or products.
Our goal is to provide you with reliable services and products of good quality and functionality, hence, our warranty is to do our best to ensure the above. By accessing and using of our site, services and/or products you understand and agree that our site, services and/or products are provided “as is” and “as available”. Hence, we make no warranties or representations, either express or implied, that our site, services and/or products, as well as any particular feature thereof: (i) are permitted in your jurisdiction; (ii) are free from errors, uninterrupted, timely and/or secure; (iii) will meet your requirements or needs, be accurate or reliable; (iv) will be supported by us.
We make no warranties or representations, either express or implied, that any of your data, images, visuals or other content that you uploaded, submitted and/or posted to our site will be stored by us and/or be available through our site, services and/or products. No information or advice, either express or implied, oral or written, obtained by you from us, our affiliates and/or our site, services and/or products shall create any warranty, guarantee, or representations of any kind, except for those expressly outlined in these Terms of Service.
You unconditionally and irrevocably represent and warrant that for any data, image, visual, text, audio or any other content that you submitted, upload and/or post to our site (“Your Data”) at any moment of time it is true that: (i) you have all necessary rights to submit Your Data to our site and grant us the rights on Your Data described in the paragraph below; (ii) we don’t need to obtain any permissions, licences or similar from any person and/or pay royalties or any other fees to any person with respect to Your Data; (iii) Your Data, or any part of it, complies with these Terms of Service, applicable laws and regulations; and does not violate any person’s rights, including, but not limited to, copyright and intellectual property rights; (iv) you are eligible to access and/or use our site, services and our products.
For the best performance of our services, as well as effective and swift protection of your rights in cases of disputes, claims, legal proceedings, investigations, or requests coming from authorities, you grant us, by submitting, uploading and/or posting Your Data to our site, an unlimited, worldwide, exclusive, royalty-free permission, license and right to copy, transmit, distribute, publicly perform and display (through all media now known or created in future), archiving, preserving and/or using Your Data for disputes, legal proceedings, or investigations. Except for our right to archive, preserve and/or use Your Data for disputes, legal proceedings, or investigations that will be valid indefinitely, the above rights will continue unless and until you remove Your Data from our site. For the avoidance of doubt, nothing in this paragraph limits your rights to Your Data as you continue to have full ownership rights of Your Data.
You are eligible to use our free of charge services and/or products right after you subscribe thereto, unless another procedure is established to start using such services and/or products. You are eligible to use any paid services and/or products when your payment is received by us. In case your payment is not not received by us in reasonable time you can contact our customer support directly to process the payment manually. You can request a refund for any unused subscription period at any time, by providing your request to our customer support. We would welcome methods of payment generally acceptable in the industry. Please check our site for your payment options and our payment requisites.
We are serious about protection of your privacy. If you reasonably believe that we are in violation of any terms of this document with respect to your personal information, you may contact our Data Protection Officer at firstname.lastname@example.org. In your email please describe in detail the ways in which you believe that we create a violation. We will investigate your complaint promptly. If you do not receive acknowledgment of your complaint or your complaint is not satisfactorily addressed, please contact our email@example.com.
It is acknowledged by us that individuals located in certain countries, including the European Union, have certain rights in relation to their personal data. You may have the right to request access to your personal information, as well as to seek to update, delete or correct such personal information, unless there is an exemption provided by law.
We rely on our legitimate interests, described herein, to process your data, to the extent that processing of your personal information is subject to the EU General Data Protection Regulation. You have a right to object our use of your personal information at any time by sending your request to our firstname.lastname@example.org.
Please note that, as Internet is not a fully secure and reliable way of communication, your email may be lost, intercepted or altered. Hence, by sending your email to us you agree that: (i) we have no obligation concerning such information; (ii) information in the email you sent us is non-confidential; (iii) we may use, disclose, distribute or copy your email and may use any ideas, concepts or know-how contained in it for any purpose without compensation; and/or (iv) information in your email is truthful and its disclosure does not violate rights of others.
These Terms of Service are governed by and shall be construed in accordance with the laws of England and you hereby consent to the personal jurisdiction of English courts. We encourage you to resolve your issues and concerns relating to us by addressing them to our customer service. We'll try to resolve the dispute informally by contacting you via email. If our dispute is not resolved within 30 calendar days of our receipt of your email, or longer term if it is reasonably required to resolve our dispute, you may proceed with formal legal procedure. You agree that under the formal legal procedure service of process in any actions, controversies and disputes arising from or relating to these Terms of Service may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party.
Should any provisions of these Terms of Service become unenforceable or invalid, measures will be taken to modify wording of these Terms of Service by replacing inaccurate provisions with an enforceable and valid provisions, that as nearly as possible reflects the terms of the replaced provisions. Any invalidity or unenforceability of any part of these Terms of Service shall not affect the validity or enforceability of the other terms thereof.