Terms and conditions
From Shareideas
Contents |
1. ACKNOWLEDGEMENT AND ACCEPTANCE
1.1 Please read these terms and conditions (“Terms and Conditions”) and the Privacy policy before registering for the membership and using this www.ShareIdeas.org (“Website”). By registering to the membership, accessing, browsing or using the Website you (if you are registering as an individual) or you and the company on behalf of which you are acting (if you are registering on the behalf of your employer) agree to the following terms and conditions. If you (if you are registering as an individual) or you and the company on behalf of which you are acting (if you are registering on the behalf of your employer) do not accept these terms and conditions you (if you are registering as an individual) or you and the company on behalf of which you are acting (if you are registering on the behalf of your employer) may not register as a member (“Member”) and access this website or use any of the services provided on or through the Website.
1.2 These Terms and Conditions apply to any and all use of the Website as well as any and all submissions of information whether on message boards, chat rooms or in any other form or manner.
1.3 This website is hosted by RackSpace [rackspace address] on the behalf of INdT, a company validly organised and existing under the laws of Brazil, registered under the CNPJ 04.802.134/0002-68 having its principal place of business at Rod Torquato Tapajós, 7200 Taruma CEP 69048-660. With respect to general inquiries concerning this Website please send your queries to info@ShareIdeas.org. To prohibit the use of your Personal Information or to amend or review you Personal Information (as defined below), please access your personal user page on the site.
2. INTELLECTUAL PROPERTY RIGHTS AND SUBMITTED CONTENT
2.1 This Website includes material that is protected by copyright, trademarks, patents, design rights and/or other proprietary rights (“Intellectual Property Rights”) of their respective owners. INdT respects the Intellectual Property Rights of others, and require that the users and Members of this Website do the same. Project Partners will respond to claims of intellectual property misuse. If you believe that Submitted Content (as defined below) which is either:
(i) submitted by you; or
(ii) submitted by you on the behalf of an entity, company, corporation, limited liability company, partnership, limited liability partnership, joint venture, joint stock company, trust estate, company and association, whether organised for profit or otherwise; and has been displayed on the Website in a way that you believe constitutes an infringement of the applicable Intellectual Property Rights you should notify Project Partners of such suspected misuse by providing Project Partners with a notice thereof by emailing info@Shareideas.org.
2.2 Licence to INDT and Members for any submitted content;
2.2.1 By submitting, and upon such submission of any information or materials such as feedback, data, text, software, music, sound, photographs, graphics, video, messages, answers, questions, comments, suggestions, hints, strategies, concepts, designs, ideas, plans, orders, requests or the like, or any other material ("Submitted Content") to the Website you hereby agree that any and all submissions shall not be treated in confidence and you hereby license and grant, subject to reciprocity:
(i) INdT and
(ii) the Members of the Website; a non-exclusive, royalty-free, free of charge, perpetual, worldwide, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, adapt, create derivative works of, distribute, and display such Submitted Content or any concept described in it throughout the world in any media, product and/service, including, without limitation wireless devices, mobile phones and any related products, services and accessories, advertising, marketing and promotional materials, and digital reproductions, without compensation, restrictions on use other than these Terms and Conditions, accountability or liability, and with waiver of all moral rights and rights of attribution, integrity and paternity.
2.2.2 Use of Submitted Content By using the Submitted Content submitted by you or other Members of the Website you shall comply with these Terms and Conditions as well as with any applicable laws and when using the Submitted Content you must acknowledge the source (author or other similar) of the Submitted Content, where it has been explicitly required that you do so.
2.2.3 General Rules regarding Submitted Content
2.2.3.1 With regard to Submitted Content, you understand and agree that you are solely and fully responsible for any and all aspects of the Submitted Content submitted. Neither the INdt, nor their respective sub-licensees shall be liable in any way for such Submitted Content and shall not treat any Submitted Content in confidence.
2.2.3.2 Neither the INdt, nor their respective sub-licensees shall have any liability for any of the Submitted Content provided by you to the Website. INdt ask that you use good judgement and exercise discretion in choosing appropriate subjects and subject matter for any photos or video submissions to the Website. Remember that privacy laws may protect individuals with respect to their being photographed or videotaped, so please respect the privacy of others by asking for and obtaining their consent to be photographed or videotaped, as well as for your submissions of photos or videos to the Website.
2.2.3.3 Please notify INdt as soon as possible of any complaint regarding the content, the services or the Website by emailing full details to info@ShareIdeas.org or using the “Report Abuse” button on the relevant webpage. The INdt will respond to the complaint as soon as possible and will remove or delete any content that the INdt consider is infringing third party intellectual property rights, unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication.
2.2.3.4 Further, with regard to any and all Submitted Content, you agree and warrant that:
(a) you shall not post, publish, transmit, distribute, or upload any information including any Submitted Content through the Website that you have actual knowledge that it is unlawful or fraudulent, or violates or infringes any Intellectual Property Rights of others. You represent and warrant to the INdT, their respective sub-licensees that so far as you are aware, your Submitted Content does not infringe any Intellectual Property Rights of any third parties;
(b) so far as you are aware the Submitted Content shall not contain any material that is unlawful, libelous, slanderous, defamatory or invasive of another person's right of privacy or right of publicity, or that INdt may reasonably deem harmful, vulgar, obscene, derogatory, pornographic, abusive, harassing, threatening, hateful, objectionable with respect to race, religion, creed, national origin or gender, or otherwise unfit for publication;
(c) you shall not send any such messages to the INdT, or their respective sub-licensees or any other Member or user that contains vulgar, abusive or otherwise inappropriate language;
(d) you shall not disrupt the flow of discussion with vulgar, abusive or otherwise inappropriate language, or by other means, including without limitation hitting the return key repeatedly or posting repetitive text;
(e) you shall using all reasonable endeavours scan, check and remove any viruses, Trojan horses, “sniffer" routines, backdoors, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or any contaminating or destructive features before you submit, post, publish, transmit, distribute, or upload any information or Submitted Content on to or through the Website. You hereby warrant that your Submitted Content does not contain any viruses, Trojan horses, “sniffer" routines, backdoors, worms, time bombs, bots, or any other harmful software code, file, program or programming routine, or other contaminating or destructive features;
(f) your postings or Submitted Content shall not cause injury or harm to any persons or entities;
(g) you shall not use the Website to "stalk" or harass the INdT, or their respective sub-licensees or any other Member, users or third parties and your Submitted Content shall not suggest or encourage any illegal activity;
(h) your use of the Website shall not compromise the security or integrity of the INdT computer systems, networks, websites (including but not limited to the Website) or servers, whether by allowing intruders into the same, introducing viruses or other threats, imposing a disproportionate or unreasonably large load on this Website or its infrastructure, or using any computer programming routine, file or device to damage or interfere with the operation of the Website;
(i) you shall not post, publish, transmit, distribute, or upload through the Website any unauthorized or unsolicited bulk e-mail solicitations, chain letters, advertisements, marketing or promotional materials, "junk mail", "spam", pyramid schemes or any other solicitations or communications, or use or collect other Members or users e-mail addresses or phone numbers, or other Members or users information or postings, or use the Website to perform any data collection, extraction or mining or gain or attempt to gain unauthorized access to the INdT or their respective sub-licensees, or any Member’s or site visitor's computer system;
(j) you will not register with or otherwise use a false name, identity or e-mail address, impersonate any person or entity, site user or other Members, falsely state or otherwise misrepresent your affiliation with a person or entity, use another users password, forge headers or otherwise manipulate identification information to falsify or disguise the origin of any Submitted Content, or falsify or misrepresent any Submitted Content with respect to submissions to the Website, and
(k) you will follow all applicable laws and regulations applicable to your use of the Website. Such laws and regulations include, without limitation, those governing copyright, defamation, privacy, publicity and the access or use of others' computer or communication systems.
3. PUBLIC FORUMS AND MAILING LISTS
3.1 Chat and Message Boards in General
3.1.1 Please be aware that the use of message boards, chat rooms and/or other similar medium is a use of a public forum and subject to many kinds of different users and Members of different age and level of experience, therefore the INdT is not able to guarantee full monitoring of the material posted and published on message boards and/or chat rooms by the users.
3.1.2 Your use of public forums like message boards and chat rooms is at your own risk and you are responsible for all and any actions you take on the message boards and/or chat rooms as well as for all and any actions that you take based on information gained on message boards and/or chat rooms. Further, please note that while there are always risks associated with providing personal or other data, whether in person, by phone or over the Internet, and no system of technology is completely safe, "tamper" or "hacker-proof" do not under any circumstances use your full real name or give out your detailed address, phone number or any other personally identifiable information about yourself or anybody else on a message board, chat room and/or any other similar medium.
3.2 Newsletters and Mailing Lists The INdT may offer you the possibility to subscribe to newsletters and/or mailing lists on this Website. Please note that, in order to receive any newsletters or mailings you are required to submit a valid email address on the Website. You have the right at any time to prohibit the INdT from sending you the newsletter or other mail by following the instructions for doing so in each newsletter or other mail that you receive or by sending an email to info@Shareideas.org.
4. LINKS TO THIRD PARTY WEBSITES
The links on this Website are provided, whether by the INdT or other Members, for information purposes only. If you access any third party website linked to the Website, you do it entirely at your own risk. The INdT has not necessarily reviewed these third party websites and do not control and are not responsible for any of third party websites or the content of those websites or any damages incurred by the use of those websites whatsoever.
5. DATA PROTECTION
PLEASE NOTE THAT THE WEBSITE’S PRIVACY POLICY APPLIES TO THESE TERMS AND CONDITIONS. BY ACCEPTING THESE TERMS, YOU ALSO ACCEPT THE PRIVACY POLICY.
6. BREACH OF TERMS AND CONDITIONS
6.1 In the event the INdT deem, in their exclusive discretion, that you are in breach of the Terms and Conditions, the INdt shall take any action as he may deem appropriate in his exclusive discretion to address your breach (including without limitation) removal of your Submitted Content, termination of your Membership, prevention of your access and use and any legal action in any competent authority or court.
6.2 The INdt has the right to terminate your right to edit the Website without notice, if you breach the Website Terms and Conditions or use the Website illegally or in a way that the INdT deem inappropriate.
6.3 In the event that you are aware of a Member or other user that breaches the Website Terms and Conditions (including but not limited to) stalking or harassing other users on a public forum, please inform the INdt of such conduct at the following email address info@Shareideas.org.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 All content on the Website and the Website are provided on an "as is" and "as available" basis only. Neither the INdt, nor their respective sub-licensees warrant that the website, or any linked third party websites will be uninterrupted or error-free. Neither the INdT nor their respective sub-licensees are liable for the non-availability of the Website, its contents or services however caused. Neither the INdt, nor their respective sub-licensees assume any liability for any delay, data loss or damage during the transmission to or from or storage on the Website.
7.2 No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of the Website.
7.3 Neither the INdT nor their respective sub-licensees shall be liable for business interruption arising out of the use of or inability to use the Website, its contents or related to the software downloaded from the Website, including without limitation, any lost profits, lost sales, lost revenue, loss of goodwill, business interruption, loss of programs or other data on your information handling system or otherwise, even if the INdT or their respective sub-licensees have been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of the INdT would in such case be limited to the greatest extent permitted by applicable mandatory law.
7.4 Nothing in these Terms and Conditions shall exclude or limit the INdT or their respective sub-licensees liability for death or personal injury resulting from negligence.
8. MISCELLANEOUS
8.1 Availability and Changes to the Website and the Terms and Conditions INdT reserve the right to make changes to the Website or any content or Submitted Content on the Website at any time without prior notice. INdT further reserve the right to withdraw or remove from or disable access to any content or Submitted Content on the Website, including without limitation access from countries or by entities or persons possibly embargoed by applicable export control regulation, or discontinue hosting the Website at any time without prior notice. INdT may change the Terms and Conditions and any incorporated terms and notices in his sole discretion. Such modifications shall be effective immediately upon posting the modified terms and conditions on the Website, and/or the incorporated terms or notices on this Website. Your continued use of the Website following the posting of changes to these Terms and Conditions or incorporated terms and notices will mean that you accept those changes.
8.2 Service Specific Terms INdT may has or later introduce separate terms for different services on the Website, in which the service specific terms and conditions are set forth (including data protection). Please review and accept such service specific terms and conditions prior to any use to ensure that you are at all times aware of your rights and obligations.
8.3 Entire Agreement The Terms and Conditions constitute the entire agreement between you, INdT and govern your use of the Website, superseding any prior agreements. You may be subject to additional or other terms and conditions that may apply when you use other services on the Website (where indicated) or if you contribute any Submitted Content (including without limitation software).
8.4 Partial Invalidity The invalidity of a provision of the Terms and Conditions or any other applicable terms and notices shall not affect the validity of the remaining provisions. The invalid provision shall be replaced with a valid provision which comes closest to the result and purpose of the Terms and Conditions or any other applicable terms and notices. The Terms and Conditions shall neither exclude nor limit any of your mandatory rights in your country of residence.
8.5 Governing Law Except where prohibited by mandatory local laws, the use of the Website and/or the Terms and Conditions and other applicable terms and notices shall be governed by the laws of England, and any disputes arising out of the use of Website or the Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts.
Copyright © 2007 INdT
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