Thank you for using SimpleEye, a service of IdeaSynthesis LLC (“IdeaSynthesis“). Before you begin using IdeaSynthesis’s tools and
services (together, the “Service“), you must read and agree to these
IdeaSynthesis Terms (“Terms“) and the following additional terms and
conditions and policies, including any future amendments (collectively, the “Agreement“):
services (together, the “Service“), you must read and agree to these
IdeaSynthesis Terms (“Terms“) and the following additional terms and
conditions and policies, including any future amendments (collectively, the “Agreement“):
– SimpleEye Privacy Policy – (http://simpleeye.com/privacy/)
Although we may attempt to notify you when major changes are
made to these Terms and policies, you should periodically review the most
up-to-date versions. IdeaSynthesis may, in its sole discretion, modify or revise
these Terms and policies at any time, and you agree to be bound by such
modifications or revisions. If you do not accept and abide by this Agreement,
you may not use the IdeaSynthesis service. In the event of an inconsistency between
the Terms and the SimpleEye Privacy Policy, these
Terms shall control.
made to these Terms and policies, you should periodically review the most
up-to-date versions. IdeaSynthesis may, in its sole discretion, modify or revise
these Terms and policies at any time, and you agree to be bound by such
modifications or revisions. If you do not accept and abide by this Agreement,
you may not use the IdeaSynthesis service. In the event of an inconsistency between
the Terms and the SimpleEye Privacy Policy, these
Terms shall control.
1. Description of Service. The Services consist of
My SimpleEyeSM, a health information management platform that allows individuals (each a “User” or “you“) to gather and manage health information, typically vital sign measurements and other personal information.
The User initiates the Service by registering on SimpleEye’s website and
controls all Content created through the Service. The User is responsible for all activities occurring under its
username and for keeping its password secure. You understand and agree that the
Service is provided to you on an AS IS and AS AVAILABLE basis. IdeaSynthesis LLC
disclaims all responsibility and liability for the availability, timeliness,
security or reliability of the Service or any other client software.
My SimpleEyeSM, a health information management platform that allows individuals (each a “User” or “you“) to gather and manage health information, typically vital sign measurements and other personal information.
The User initiates the Service by registering on SimpleEye’s website and
controls all Content created through the Service. The User is responsible for all activities occurring under its
username and for keeping its password secure. You understand and agree that the
Service is provided to you on an AS IS and AS AVAILABLE basis. IdeaSynthesis LLC
disclaims all responsibility and liability for the availability, timeliness,
security or reliability of the Service or any other client software.
The Services are always evolving and the form and nature of
the Services may change from time to time without prior notice to you. In
addition, IdeaSynthesis may, without any liability to you, stop (permanently or
temporarily) providing the Services (or any features within the Services) to
you or to users generally and may not be able to provide you with prior notice.
the Services may change from time to time without prior notice to you. In
addition, IdeaSynthesis may, without any liability to you, stop (permanently or
temporarily) providing the Services (or any features within the Services) to
you or to users generally and may not be able to provide you with prior notice.
2. Eligibility to Use Service. The Service is intended for operators of
cultural and educational institutions (such as museums, zoos, aquariums,
botanical gardens, heritage sites, universities, parks and cities),
entertainment and other tourist attractions, as well as tour operators. Typically, such Users are non-profit or
for-profit corporations, trusts and governmental agencies. If you are an individual, you must be of
legal majority age in your state and be able to enter into legally binding
contracts such as these Terms. IdeaSynthesis
reserves the right to refuse service to anyone at any time without notice for
any reason.
cultural and educational institutions (such as museums, zoos, aquariums,
botanical gardens, heritage sites, universities, parks and cities),
entertainment and other tourist attractions, as well as tour operators. Typically, such Users are non-profit or
for-profit corporations, trusts and governmental agencies. If you are an individual, you must be of
legal majority age in your state and be able to enter into legally binding
contracts such as these Terms. IdeaSynthesis
reserves the right to refuse service to anyone at any time without notice for
any reason.
3. Proper Use. You are responsible for your own use
of the Service, for any Content that you create, and for any consequences
thereof. You may use the Service only in compliance with all applicable local,
state, national, and international laws, rules and regulations, including any
laws regarding the transmission of technical data exported from your country of
residence and all United States export-control laws.
of the Service, for any Content that you create, and for any consequences
thereof. You may use the Service only in compliance with all applicable local,
state, national, and international laws, rules and regulations, including any
laws regarding the transmission of technical data exported from your country of
residence and all United States export-control laws.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may
subject you to state and federal penalties and other legal consequences.
IdeaSynthesis reserves the right, but shall have no obligation, to investigate your
use of the Service in order to (a) determine whether a violation of the
Agreement has occurred or (b) comply with any applicable law, regulation, legal
process or governmental request.
subject you to state and federal penalties and other legal consequences.
IdeaSynthesis reserves the right, but shall have no obligation, to investigate your
use of the Service in order to (a) determine whether a violation of the
Agreement has occurred or (b) comply with any applicable law, regulation, legal
process or governmental request.
Much of the content on SimpleEye’s website is provided by and is the responsibility of the persons who
made such postings. IdeaSynthesis may not monitor such content and takes no
responsibility for such content. Instead, IdeaSynthesis merely provides access to
such content as a service to you.
made such postings. IdeaSynthesis may not monitor such content and takes no
responsibility for such content. Instead, IdeaSynthesis merely provides access to
such content as a service to you.
IdeaSynthesis does not endorse, support, represent or guarantee
the truthfulness, accuracy, or reliability of any User-supplied Content. Each User bears any
and all responsibility for its Content.
the truthfulness, accuracy, or reliability of any User-supplied Content. Each User bears any
and all responsibility for its Content.
4. Privacy. As a condition of using the Service, you
agree to the terms of the SimpleEye Privacy Policy. You agree that IdeaSynthesis may
access or disclose your personal information, including the content of your
communications, if IdeaSynthesis is required to do so in order to comply with any
valid legal process or governmental request (such as a search warrant,
subpoena, statute, or court order), or as otherwise provided in these Terms and
the general SimpleEye Privacy Policy. Personal information collected by SimpleEye
may be stored and processed in the United States or any other country in which
IdeaSynthesis or any of its agents maintains facilities. By using the Service, you
consent to any such transfer of information outside of your country.
agree to the terms of the SimpleEye Privacy Policy. You agree that IdeaSynthesis may
access or disclose your personal information, including the content of your
communications, if IdeaSynthesis is required to do so in order to comply with any
valid legal process or governmental request (such as a search warrant,
subpoena, statute, or court order), or as otherwise provided in these Terms and
the general SimpleEye Privacy Policy. Personal information collected by SimpleEye
may be stored and processed in the United States or any other country in which
IdeaSynthesis or any of its agents maintains facilities. By using the Service, you
consent to any such transfer of information outside of your country.
5. Use and Storage Generally. You agree that IdeaSynthesis
has no responsibility or liability for the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the Service.
IdeaSynthesis retains the right to create limits on use and storage at our sole
discretion at any time with or without notice.
has no responsibility or liability for the deletion of, or the failure to store
or to transmit, any Content and other communications maintained by the Service.
IdeaSynthesis retains the right to create limits on use and storage at our sole
discretion at any time with or without notice.
6. Content of the Service. IdeaSynthesis takes no
responsibility for third-party content (including, without limitation, any
viruses or other disabling features), nor does IdeaSynthesis have any obligation to
monitor such third-party content. IdeaSynthesis reserves the right at all times to
remove or refuse to distribute any content on the Service, such as content
which violates the terms of this Agreement. IdeaSynthesis also reserves the right to
access, read, preserve, and disclose any information as it reasonably believes
is necessary to (a) satisfy any applicable law, regulation, legal process or
governmental request, (b) enforce this Agreement, including investigation of
potential violations hereof, (c) detect, prevent, or otherwise address fraud,
security or technical issues, (d) respond to user support requests, or (e)
protect the rights, property or safety of IdeaSynthesis, the Services, its users and
the public. IdeaSynthesis will not be responsible or liable for the exercise or
non-exercise of its rights under this Agreement.
responsibility for third-party content (including, without limitation, any
viruses or other disabling features), nor does IdeaSynthesis have any obligation to
monitor such third-party content. IdeaSynthesis reserves the right at all times to
remove or refuse to distribute any content on the Service, such as content
which violates the terms of this Agreement. IdeaSynthesis also reserves the right to
access, read, preserve, and disclose any information as it reasonably believes
is necessary to (a) satisfy any applicable law, regulation, legal process or
governmental request, (b) enforce this Agreement, including investigation of
potential violations hereof, (c) detect, prevent, or otherwise address fraud,
security or technical issues, (d) respond to user support requests, or (e)
protect the rights, property or safety of IdeaSynthesis, the Services, its users and
the public. IdeaSynthesis will not be responsible or liable for the exercise or
non-exercise of its rights under this Agreement.
7. IdeaSynthesis’s Intellectual Property Rights. You
acknowledge that IdeaSynthesis owns all right, title and interest in and to the
Service, including all intellectual property rights (the “IdeaSynthesis Rights“).
IdeaSynthesis Rights are protected by U.S. and international intellectual property
laws. IdeaSynthesis hereby grants to you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software that is provided
by IdeaSynthesis as part of the Services. This license is for the sole purpose of
enabling you to use the Services as provided by IdeaSynthesis, as contemplated by
this Agreement.
acknowledge that IdeaSynthesis owns all right, title and interest in and to the
Service, including all intellectual property rights (the “IdeaSynthesis Rights“).
IdeaSynthesis Rights are protected by U.S. and international intellectual property
laws. IdeaSynthesis hereby grants to you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software that is provided
by IdeaSynthesis as part of the Services. This license is for the sole purpose of
enabling you to use the Services as provided by IdeaSynthesis, as contemplated by
this Agreement.
You agree that you will not copy, reproduce, alter, modify,
or create derivative works from the Service. You also agree that you will not
use any robot, spider, other automated device, or manual process to monitor or
copy any content from the Service. As described immediately below, IdeaSynthesis
Rights do not include third-party content used as part of the Service,
including the content of communications appearing on the Service.
or create derivative works from the Service. You also agree that you will not
use any robot, spider, other automated device, or manual process to monitor or
copy any content from the Service. As described immediately below, IdeaSynthesis
Rights do not include third-party content used as part of the Service,
including the content of communications appearing on the Service.
You may not do any of the following while accessing or using
the Services: (i) access, tamper with, or use non-public areas of the Services,
IdeaSynthesis’s computer systems, or the technical delivery systems of IdeaSynthesis’s
providers; (ii) probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures; (iii) access
or search or attempt to access or search the Services by any means (automated
or otherwise) other than through our currently available, published interfaces
that are provided by IdeaSynthesis (and only pursuant to those terms and
conditions), unless you have been specifically allowed to do so in a separate
agreement with IdeaSynthesis (NOTE: crawling the Services is permissible if done in
accordance with the provisions of the robots.txt file, however, scraping the
Services without the prior consent of IdeaSynthesis is expressly prohibited); (iv)
forge any TCP/IP packet header or any part of the header information in any
email or posting, or in any way use the Services to send altered, deceptive or
false source-identifying information; or (v) interfere with, or disrupt, (or
attempt to do so), the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of Content in such a manner as to
interfere with or create an undue burden on the Services.
the Services: (i) access, tamper with, or use non-public areas of the Services,
IdeaSynthesis’s computer systems, or the technical delivery systems of IdeaSynthesis’s
providers; (ii) probe, scan, or test the vulnerability of any system or network
or breach or circumvent any security or authentication measures; (iii) access
or search or attempt to access or search the Services by any means (automated
or otherwise) other than through our currently available, published interfaces
that are provided by IdeaSynthesis (and only pursuant to those terms and
conditions), unless you have been specifically allowed to do so in a separate
agreement with IdeaSynthesis (NOTE: crawling the Services is permissible if done in
accordance with the provisions of the robots.txt file, however, scraping the
Services without the prior consent of IdeaSynthesis is expressly prohibited); (iv)
forge any TCP/IP packet header or any part of the header information in any
email or posting, or in any way use the Services to send altered, deceptive or
false source-identifying information; or (v) interfere with, or disrupt, (or
attempt to do so), the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, spamming, mail-bombing the
Services, or by scripting the creation of Content in such a manner as to
interfere with or create an undue burden on the Services.
8. Your Intellectual Property Rights. IdeaSynthesis claims
no ownership or control over any Content submitted, posted or displayed by you
on or through IdeaSynthesis services. You or a third-party licensor, as appropriate,
retain all patent, trademark and copyright to any Content you submit, post or
display on or through IdeaSynthesis services and you are responsible for protecting
those rights, as appropriate. By submitting, posting or displaying Content on
or through IdeaSynthesis services which are intended to be available to the members
of the public, you grant IdeaSynthesis a worldwide, non-exclusive, royalty-free
license to reproduce, publish and distribute such Content on IdeaSynthesis services
for the purpose of displaying and distributing IdeaSynthesis services. IdeaSynthesis
furthermore reserves the right to refuse to accept, post, display or transmit
any Content in its sole discretion.
no ownership or control over any Content submitted, posted or displayed by you
on or through IdeaSynthesis services. You or a third-party licensor, as appropriate,
retain all patent, trademark and copyright to any Content you submit, post or
display on or through IdeaSynthesis services and you are responsible for protecting
those rights, as appropriate. By submitting, posting or displaying Content on
or through IdeaSynthesis services which are intended to be available to the members
of the public, you grant IdeaSynthesis a worldwide, non-exclusive, royalty-free
license to reproduce, publish and distribute such Content on IdeaSynthesis services
for the purpose of displaying and distributing IdeaSynthesis services. IdeaSynthesis
furthermore reserves the right to refuse to accept, post, display or transmit
any Content in its sole discretion.
You represent and warrant that you have all the rights,
power and authority necessary to grant the rights granted herein to any Content
submitted.
power and authority necessary to grant the rights granted herein to any Content
submitted.
You may choose to submit, post, and display any materials on
or through the IdeaSynthesis service under a public license (e.g., a Creative Commons license), whether by manually marking your materials as such or using IdeaSynthesis service tools to do so. For avoidance of
doubt, IdeaSynthesis is not a party to any such public license between you and any
third party. Also, for avoidance of doubt, IdeaSynthesis may choose to exercise the
rights granted under (a) the public license or licenses, if any, you apply to
your materials or (b) this Agreement.
or through the IdeaSynthesis service under a public license (e.g., a Creative Commons license), whether by manually marking your materials as such or using IdeaSynthesis service tools to do so. For avoidance of
doubt, IdeaSynthesis is not a party to any such public license between you and any
third party. Also, for avoidance of doubt, IdeaSynthesis may choose to exercise the
rights granted under (a) the public license or licenses, if any, you apply to
your materials or (b) this Agreement.
9. No Resale of the Service. Unless expressly
authorized in writing by IdeaSynthesis, you agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial purposes (a) any portion of
the Service, (b) use of the Service, or (c) access to the Service.
authorized in writing by IdeaSynthesis, you agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial purposes (a) any portion of
the Service, (b) use of the Service, or (c) access to the Service.
10. Publicity.
(a)Your
Use of Our Brand Features. You may
not use or permit the use of IdeaSynthesis’s trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features, including “IdeaSynthesis”
and “IdeaSynthesis.com”, except with the prior written approval of IdeaSynthesis or in
compliance with such standard use guidelines as IdeaSynthesis may publish and amend
from time to time.
Use of Our Brand Features. You may
not use or permit the use of IdeaSynthesis’s trade names, trademarks, service marks,
logos, domain names, and other distinctive brand features, including “IdeaSynthesis”
and “IdeaSynthesis.com”, except with the prior written approval of IdeaSynthesis or in
compliance with such standard use guidelines as IdeaSynthesis may publish and amend
from time to time.
(b)Our
Right to Cite You as a Reference. We may cite your name and logo solely as a customer reference and we may
link to your website from our website. We will promptly discontinue such references in the event that you
terminate use of the Services and notify us thereof. Additionally, we may automatically include
IdeaSynthesis’s name, logo or slogan (e.g.,
“Powered by IdeaSynthesis”) within your Content at the level of a footnote, along
with your copyright notices or in a similar location.
Right to Cite You as a Reference. We may cite your name and logo solely as a customer reference and we may
link to your website from our website. We will promptly discontinue such references in the event that you
terminate use of the Services and notify us thereof. Additionally, we may automatically include
IdeaSynthesis’s name, logo or slogan (e.g.,
“Powered by IdeaSynthesis”) within your Content at the level of a footnote, along
with your copyright notices or in a similar location.
11. User’s Representations and Warranties. You
represent and warrant that (a) all of the information provided by you to
IdeaSynthesis to participate in the Service is correct and current; and (b) you have
all necessary right, power and authority to enter into this Agreement and to
perform the acts required of you hereunder.
represent and warrant that (a) all of the information provided by you to
IdeaSynthesis to participate in the Service is correct and current; and (b) you have
all necessary right, power and authority to enter into this Agreement and to
perform the acts required of you hereunder.
12. Disclaimer of Warranties. Your access to and use of
the Services or any Content is at your own risk. You understand and agree that
the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without
limiting the foregoing, IDEASYNTHESIS AND ITS PARTNERS DISCLAIM ANY WARRANTIES,
EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and
liability for the completeness, accuracy, availability, timeliness, security or
reliability of the Services or any content thereon. IdeaSynthesis 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 Services, or any
Content. You also agree that IdeaSynthesis has no responsibility or liability for
the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services. We make no warranty that the
Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or written,
obtained from IdeaSynthesis or through the Services, will create any warranty not
expressly made herein.
the Services or any Content is at your own risk. You understand and agree that
the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without
limiting the foregoing, IDEASYNTHESIS AND ITS PARTNERS DISCLAIM ANY WARRANTIES,
EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and
liability for the completeness, accuracy, availability, timeliness, security or
reliability of the Services or any content thereon. IdeaSynthesis 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 Services, or any
Content. You also agree that IdeaSynthesis has no responsibility or liability for
the deletion of, or the failure to store or to transmit, any Content and other
communications maintained by the Services. We make no warranty that the
Services will meet your requirements or be available on an uninterrupted,
secure, or error-free basis. No advice or information, whether oral or written,
obtained from IdeaSynthesis or through the Services, will create any warranty not
expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IDEASYNTHESIS
AND ITS SUBSIDIARIES, AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS
OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B)
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT
LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY,
WHETHER OR NOT IDEASYNTHESIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
AND ITS SUBSIDIARIES, AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS
OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B)
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT
LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY,
WHETHER OR NOT IDEASYNTHESIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE.
Some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you.
warranties or the exclusion or limitation of liability for consequential or incidental
damages, so the limitations above may not apply to you.
13. Termination; Suspension. IdeaSynthesis may, in its
sole discretion, at any time and for any reason, terminate the Service,
terminate this Agreement, or suspend or terminate your account. In the event of
termination, your account will be disabled and you may not be granted access to
your account or any files or other content contained in your account although
residual copies of information may remain in our system for some time for
back-up purposes. If we terminate the Service or your account for any reason other than
your breach of this Agreement (as determined by IdeaSynthesis), we will refund to
you any amount that you have pre-paid for Services not yet performed or periods
of time not yet elapsed. Sections 12 and 14 – 19 of these Terms
(including the section regarding limitation of liability), shall survive
expiration or termination.
sole discretion, at any time and for any reason, terminate the Service,
terminate this Agreement, or suspend or terminate your account. In the event of
termination, your account will be disabled and you may not be granted access to
your account or any files or other content contained in your account although
residual copies of information may remain in our system for some time for
back-up purposes. If we terminate the Service or your account for any reason other than
your breach of this Agreement (as determined by IdeaSynthesis), we will refund to
you any amount that you have pre-paid for Services not yet performed or periods
of time not yet elapsed. Sections 12 and 14 – 19 of these Terms
(including the section regarding limitation of liability), shall survive
expiration or termination.
14. Indemnification. You agree to hold harmless and
indemnify IdeaSynthesis, and its subsidiaries, affiliates, managers, officers,
agents, employees and members from and against any third-party claim arising
from or in any way related to your use of the Service, including any liability
or expense arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorneys’ fees, of every kind and
nature. In such a case, IdeaSynthesis will provide you with written notice of such
claim, suit or action.
indemnify IdeaSynthesis, and its subsidiaries, affiliates, managers, officers,
agents, employees and members from and against any third-party claim arising
from or in any way related to your use of the Service, including any liability
or expense arising from all claims, losses, damages (actual and consequential),
suits, judgments, litigation costs and attorneys’ fees, of every kind and
nature. In such a case, IdeaSynthesis will provide you with written notice of such
claim, suit or action.
15. Copyright Information. IdeaSynthesis respects the
intellectual property rights of others and expects users of the Services to do
the same. We will respond to notices of alleged copyright infringement that
comply with applicable law and are properly provided to us. If you believe that
any content on our website or provided through the Services has been copied in
a way that constitutes copyright infringement, please provide us with the
following information: (i) a physical or electronic signature of the copyright
owner or a person authorized to act on their behalf; (ii) identification of the
copyrighted work claimed to have been infringed; (iii) identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material; (iv)
your contact information, including your address, telephone number, and an
email address; (v) a statement by you that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (vi) a statement that the
information in the notification is accurate, and, under penalty of perjury,
that you are authorized to act on behalf of the copyright owner.
intellectual property rights of others and expects users of the Services to do
the same. We will respond to notices of alleged copyright infringement that
comply with applicable law and are properly provided to us. If you believe that
any content on our website or provided through the Services has been copied in
a way that constitutes copyright infringement, please provide us with the
following information: (i) a physical or electronic signature of the copyright
owner or a person authorized to act on their behalf; (ii) identification of the
copyrighted work claimed to have been infringed; (iii) identification of the
material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material; (iv)
your contact information, including your address, telephone number, and an
email address; (v) a statement by you that you have a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and (vi) a statement that the
information in the notification is accurate, and, under penalty of perjury,
that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be
infringing without prior notice and at our sole discretion. In appropriate
circumstances, IdeaSynthesis will also terminate a User’s account if the User is
determined to be a repeat infringer. Our designated copyright agent for notice
of alleged copyright infringement appearing on the Services is:
infringing without prior notice and at our sole discretion. In appropriate
circumstances, IdeaSynthesis will also terminate a User’s account if the User is
determined to be a repeat infringer. Our designated copyright agent for notice
of alleged copyright infringement appearing on the Services is:
IdeaSynthesis LLC
Attn: Copyright Agent
20 Park Plaza Suite 400
Boston, MA 02116
Email: copyright@ideasynthesis.com
16. Entire Agreement; No Third-Party Beneficiaries.
This Agreement constitutes the entire agreement, superseding any prior
understandings, between you and IdeaSynthesis relating to your use of the Service.
You also may be subject to additional terms and conditions that may apply when
you use or purchase certain other IdeaSynthesis services, affiliate services,
third-party content or third-party software. Nothing in this Agreement shall be
deemed to confer any rights or benefits upon third parties (including end-users
of Content through the Services).
This Agreement constitutes the entire agreement, superseding any prior
understandings, between you and IdeaSynthesis relating to your use of the Service.
You also may be subject to additional terms and conditions that may apply when
you use or purchase certain other IdeaSynthesis services, affiliate services,
third-party content or third-party software. Nothing in this Agreement shall be
deemed to confer any rights or benefits upon third parties (including end-users
of Content through the Services).
17. Waiver and Severability of Terms. IdeaSynthesis’s
failure to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of
this Agreement shall remain in full force and effect.
failure to exercise or enforce any right or provision of this Agreement shall
not constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of
this Agreement shall remain in full force and effect.
18. Statute of Limitations. You agree that,
regardless of any statute or law to the contrary, any claim or cause of action
arising of or related to use of IdeaSynthesis services or this Agreement must be
filed within one (1) year after such claim or cause of action arose or be
forever barred, except for claims for indemnification under Section 13 above.
regardless of any statute or law to the contrary, any claim or cause of action
arising of or related to use of IdeaSynthesis services or this Agreement must be
filed within one (1) year after such claim or cause of action arose or be
forever barred, except for claims for indemnification under Section 13 above.
19. Choice of Law; Jurisdiction; Forum. This
Agreement will be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts, USA, without giving effect to its
conflict-of-laws provisions or your actual state or country of legal domicile.
Any claims, legal proceeding or litigation arising in connection with the
Service will be brought solely in Suffolk County, Massachusetts, USA, and you
consent to the jurisdiction of such courts.
Agreement will be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts, USA, without giving effect to its
conflict-of-laws provisions or your actual state or country of legal domicile.
Any claims, legal proceeding or litigation arising in connection with the
Service will be brought solely in Suffolk County, Massachusetts, USA, and you
consent to the jurisdiction of such courts.