2. INTELLECTUAL PROPERTY
RIGHTS
Our intellectual property
We
are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and
graphics in the Services (collectively, the "Content"), as
well as the trademarks, service marks, and logos contained therein
(the "Marks").
Our
Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition
laws) and treaties in the United States and around the world.
The
Content and Marks are provided in or through the Services "AS
IS" for your personal, non-commercial use or internal business
purpose only.
Your use of our Services
Subject to your compliance with
these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services; and
download
or print a copy of any portion of the Content to which you have
properly gained access.
solely
for your personal, non-commercial use or internal business purpose.
Except
as set out in this section or elsewhere in our Legal Terms, no part
of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
If
you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms,
please address your request to: [email protected]. If we ever grant you the
permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We
reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your
submissions
Please review this section and
the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to
understand the (a) rights you give us and (b) obligations you have
when you post or upload any content through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
You
are responsible for what you post or upload:
By sending us Submissions through any part of the Services you:
confirm that you have read and
agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or
transmit through the Services any Submission that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by
applicable law, waive any and all moral rights to any such
Submission;
warrant that any such
Submission are original to you or that you have the necessary rights
and licenses to submit such Submissions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions; and
warrant
and represent that your Submissions do not constitute confidential
information.
You are solely responsible for your Submissions and you expressly
agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
4. PROHIBITED
ACTIVITIES
You may
not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavours except those that are
specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
11. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and
control the cost of any dispute, controversy, or claim related to
these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the
Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms,
including any question regarding its existence, validity, or
termination, shall be referred to and finally resolved by the
International Commercial Arbitration Court under the European
Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according
to the Rules of this ICAC, which, as a result of referring to it, is
considered as the part of this clause. The number of arbitrators
shall be set by the International Commercial Arbitration Court. The seat, or legal place, or arbitration shall
be The United Kingdom of Great Britain and Northern Ireland. The language of the proceedings shall be English.
The governing law of these Legal Terms shall be substantive law of
The United Kingdom of Great Britain and Northern Ireland.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or unauthorized use; and (c)
any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction
of that court.