Instivity owns the intellectual property rights, or has obtained the rights to the Website and all content made available through the Website. You agree to comply with all copyright, trademark and any other intellectual property right laws worldwide in your use of the Website, and agree not to use the information in a manner that is detrimental or adverse to the interests of Instivity. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Instivity. Any use of the Website or the content available therein not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws.
You agree to use the information contained on the Website only for informational purposes, either for your private noncommercial use or in connection with the possible purchase of Instivity’s products or services by you or by an entity you represent, or to obtain general information on products or services you have purchased from us. You agree to use the Website and information contained therein at your own risk and in accordance with all applicable laws.
Some areas of the Website are restricted to authorized users only and require registration of a user account.
You have the ability, as you register, to choose your username. We advise that you keep the name appropriate. We also HIGHLY recommend you use a complex and unique password for your account, to prevent account theft.
We reserve the right to require our prior or later acceptance for registration. We have a right to refuse the registration for any reason. Registration can be limited, for example, in terms of territory.
You agree not to share any user credentials or password with any other party and not to let anyone else access your user account or do anything else that might jeopardize the security of your user account. You agree to notify us immediately if you suspect any breach of security on the Website. You are solely responsible for maintaining the confidentiality of your user credentials and password, and accept responsibility for all uses of your user account. You also agree to NEVER use another person’s account for any reason.
You agree that you will not post any material which is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, adult material, or otherwise in violation of any applicable law. You also agree not to post any copyrighted material unless you own the copyright or you have written consent from the owner of the copyrighted material. Spam, flooding, advertisements, chain letters, pyramid schemes, and solicitations are also forbidden.
You may not:
(a) copy, reproduce, modify or create derivative works of the Website or a part thereof;
(b) sell, rent, lease, distribute, transfer, sublicense, lend or otherwise assign any rights to, or any part of, the Website to any third party or otherwise commercially exploit the Website;
(c) disassemble, decompile, reverse engineer, or attempt to derive the source code of any part of the Website, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
(d) access the Website in order to build a similar or competitive service;
(e) scrape, build databases or otherwise create permanent copies of any content derived from the Website, or collect any data incorporated in the Website in any automated manner such as through the use of bots, spiders, crawlers or any other automated means;
(f) exploit the Website in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity; or
(g) use the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.
You agree that any and all information such as feedback, ideas, or comments (“User Material”) communicated to Instivity through the Website will be deemed and shall remain the property of Instivity. You acknowledge and agree that all User Material are provided by you on a non-confidential basis with no promise by Instivity not to use or reproduce these for any purpose whatsoever. Instivity shall be free to use User Materials and any ideas, concepts, knowledge or techniques contained therein for any purpose including developing, manufacturing, and marketing products and services and without any compensation payable to you. Any personally-identifiable information submitted to us shall be handled in accordance with our privacy policies.
You are solely responsible for any material or content that you may post in or through the Website, regardless of the manner in which you post it, including complying with all applicable laws. Similarly, your use of, or reliance on, any material or content posted on the Website is at your own risk. We cannot monitor or control user content posted on the Website and we cannot take responsibility for such user content. However, we may, in our sole discretion and without notice, review and delete any user content, but are under no obligation for doing so. We assume no responsibility for monitoring the Website for inappropriate content or conduct. Your use of the Website is at your own risk.
We undertake to obey with relevant copyright laws. If you believe copyright-protected work was posted on the Website without authorization, you may submit a copyright infringement notification. We will review all claims of copyright infringement received and remove user content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
1) the name and contact information of the copyright holder or his/her representative who is making the notification (the “Notifying Party”);
2) an itemization of the material, for which prevention of access is requested, and details of the location of the material. Please provide enough detail for us to locate the allegedly infringing content on the Website;
3) confirmation by the Notifying Party that the material which the request concerns is, in its sincere opinion, illegally accessible in the communications network;
4) information concerning the fact that the Notifying Party has in vain submitted its request to the content provider or that the content provider could not be identified;
5) confirmation by the Notifying Party that he/she is the holder of copyright or neighboring right or entitled to act on behalf of the holder of the right;
6) signature of the Notifying Party.
Claims can be sent to Instivity@Instivity.com.
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL CONTENT THEREIN IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE OR ANY CONTENT THEREIN. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MOREOVER, YOU AGREE THAT WE DO NOT HAVE RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY MATERIAL OR CONTENT AND OTHER COMMUNICATIONS MAINTAINED ON THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR OUR REPRESENTATIVES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU AGREE THAT INSTIVITY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM OR OTHER LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM (I) THE ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (iii) ANY CONTENT AND/OR INFORMATION OBTAINED FROM THE WEBSITE OR RELIANCE UPON THE WEBSITE OR ANY PART THEREOF; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Any software downloadable through the website may be subject to software-specific terms set forth in an end user license agreement (“License Agreement”). You may not download, install or otherwise use any software accompanied with a License Agreement without first agreeing on the terms of the License Agreement.
The Website may contain links to websites and content owned and/or operated by third parties. Such links and content are provided for informational purposes only. We are not responsible for any such third-party websites or content and do not have control over any materials made available therein. Our inclusion of a link to a third-party website or content on the Website does not in any way imply our endorsement, advertising, or promotion of such websites or content or any materials made available therein. By accessing a third-party website or content you accept that we do not exercise any control over and that we have no responsibility for such third-party websites or content. We encourage you to familiarize yourself with the terms of service applicable to any third-party website or content you may access.
Respect the privacy of other users of the Website;
Not engage in unauthorized collection of users’ information; and
Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, or any information that may otherwise be used to track, contact or impersonate another individual.
You agree to indemnify and hold Instivity (and our subsidiaries, affiliates, partners, officers, directors, employees and agents) harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms.
We reserve the right to discontinue offering the Website or to modify the Website at any time in our sole discretion. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Website at any time. In no event will we be liable for the removal of or disabling of access to the Website or any part thereof.
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
The Website is operated and provided by Instivity, a Portuguese private company with VAT ID number 510408184. If you have any questions about these Terms, please contact us at instivity@Instivity.com or by mailing us at Instivity, Rua da Penha de França, 193, 3C, 1170-303 Lisbon, Portugal.
The goal of Instivity in collecting personal data is to provide you with our Services, to communicate with you, and, when applicable, to manage your subscription information. We may collect the following types of personal data about you:
(i) Data you provide to us directly:
We collect information you provide directly to us. For example, we collect information upon your registration as a user of our Services or when you communicate with us. In particular, we may collect the following information from our users that may, in certain circumstances, constitute personal data:
Information collected upon registration: If you wish to download and install Instivity software from the Site, you will be required to register, and to submit certain personal data to Instivity. This happens in a number of instances, such as when you register for a trial of our Services, or if you wish to receive marketing materials and information. Moreover, in order to use the full features of our knowledge base, you will need to register and submit personal data to us. Personal data that we may collect in such instances may include, without limitation, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide to us. We may also collect your IP address, as described below in Section 2 (ii);
Subscribing to Our Newsletter Mailing List: If you subscribe to our mailing list, we collect your email address. In this context, we may also collect data concerning your device (as further described below) to serve you with more personalized emails;
Communications: If you contact us, we may collect your contact details and other personal data you have provided to us. Moreover, a record of the correspondence may be kept.
We may also collect and process any other information you choose to provide to us or in the Services.
(ii) Data collected automatically
The Services may automatically collect the following information from you that in certain circumstances may constitute personal data:
Log Information: When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website. This information may include information such as your IP address, browser type or the domain from which you are visiting, the webpages you visit, the search terms you use, and any advertisements on which you click.
Cookies: Like many websites, we also use “cookie” technology to collect additional website usage data and to improve the Site and our Services. A cookie is a small data file that we transfer to your device’s hard disk. Instivity may use both session cookies and persistent cookies to better understand how you interact with the Site, to monitor aggregate usage by our users and web traffic on the Site, and to improve the Site and related Services. A session cookie enables certain features of the Site and is deleted from your device when you disconnect from or leave the Site. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
Device Data: We may collect information about the device you use to access the Services, including for example the hardware model, operating system and version, unique device identifiers, MAC address, and IP Address;
Location Information: We may collect, use and share location information, including the real-time geographic location of your device, in connection with your use of the Services, for example using the IP address of your device. The location information may be used as part of certain features of the Services, as well as for the purposes of analyzing the use of the Services. By using the Services, you consent to the collection of your location information;
(i) We use the personal data you provide to us directly for the following purposes:
To set up and maintain your registration;
To operate and manage the Services;
To provide features available in the Services;
To develop, improve, and protect the Services;
To communicate with you;
To prevent and investigate fraud and other misuses;
To protect our rights and/or our property;
For market research;
For electronic direct marketing, in compliance with applicable laws;
To audit and analyze the Services; and
To ensure the technical functionality and security of the Services.
(ii) We use the data collected automatically for the following purposes:
To improve customer service;
To personalize user experience;
To manage the Services;
To audit and analyze the Services, including analyzing trends related to the use of the Services; and
We do not disclose the personal data relating to our users to third parties unless otherwise stated below.
The personal data collected in the Services may be disclosed in the following manner:
(i) Personal data that you provide to us directly:
We may disclose personal data you provide to us directly with the following categories of third parties:
To service providers: We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your personal data with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data;
To our business partners, such as advertising partners, in compliance with applicable laws;
To public authorities, such as law enforcement: Instivity cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect the property and rights of Instivity or a third party, the safety of the public or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law; and
To our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the Services and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganization. Instivity may sell, transfer or otherwise share some or all of its assets, including your personal data, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
(ii) Data collected automatically:
The data collected automatically in the Services may be disclosed to the following categories of third parties:
To service providers, such as data analysis companies;
To our subsidiaries and affiliates; or a subsequent owner, co-owner or operator of the Services and their advisors in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our stock and/or assets, or in connection with bankruptcy proceedings, or other corporate reorganisation. Instivity may sell, transfer or otherwise share some or all of its assets, including your personal data, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Moreover, we may disclose information to third parties in an aggregate and/or anonymized format that does not constitute personal data and does not allow the identification of individual users.
You have the following rights with respect to the personal data we hold about you:
Instivity is very concerned about safeguarding the confidentiality of your personal data. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. Despite these efforts to store personal data collected in and through the Services in a secure operating environment that is not available to the public, we cannot guarantee the security of personal data during its transmission or its storage on our systems. Further, while we attempt to ensure the integrity and security of personal data, we cannot guarantee that our security measures will prevent third-parties such as so-called hackers from illegally obtaining access to personal data. We do not warrant or represent that personal data about you will be protected against, loss, misuse, or alteration by third parties.
We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Some elements of the Services may be hosted on servers located in countries outside your own country. In particular, the Services are hosted on servers located in Portugal. The laws applicable to the protection of personal data in such countries may be different from those applicable in your home country. In particular, if you are located within the European Union, please note that personal data collected by us is transferred outside the European Union / European Economic Area. You consent to personal data about you being transferred outside your own country and, where applicable, outside the European Union.
The Services are not directed to children under 13. We do not intend to collect personal data from children under 13. If you are under 13, please do not use the Services and do not send any information about yourself to us.