Last Updated: March 26th 2021
6. USER CONDUCT
7. PROPRIETARY RIGHTS
8. COPYRIGHT INFRINGEMENT
9. PERSONAL INFORMATION
11. THIRD PARTY PLATFORMS, SERVICES AND CONTENT
14. DISCLAIMER AND LIMITATIONS OF LIABILITY
15. GOVERNING LAW
Innovation Exchange is operated by Innovation Exchange IX Ltd, which has offices at The Landing Blue, Media City Uk, Salford, England, M50 2ST, and its affiliates (“Innovation Exchange”, “we”, “our” or “us”).
- General. Subject to the terms and conditions herein, the Innovation Exchange Service shall enable Users to access certain features, functionality, information and services provided by us, which may include, without limitation, providing Users with the ability to access and view certain audio-visual content.
- Third Party Platforms. The Innovation Exchange Service may be dependent on or interoperate with third-party owned and/or operated platforms (each, a “Third Party Platform”) and may require that you be a registered member of or subscriber to such Third Party Platform in order to access the Innovation Exchange Service.
- USER CONDUCT.
You are solely responsible for your conduct on and in connection with the Innovation Exchange Service. We want to keep the Innovation Exchange Service safe and fun for everyone and the use of the Innovation Exchange Service for unlawful or harmful activities is not allowed. You represent, warrant and agree that, while using the Innovation Exchange Service, you shall not:
- intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Innovation Exchange Service any material or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, profane, obscene, vulgar or that contains explicit or graphic imagery, descriptions or accounts of excessive violence or sexual acts (including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals), contains a link to an adult website or is offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Innovation Exchange Service any material that you do not have a right to make available under any law, rule or regulation or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), or otherwise creates a security or privacy risk for any other person or entity;
- intentionally or unintentionally engage in or encourage conduct that adversely affects, or reflects negatively on, Innovation Exchange, the Innovation Exchange Service, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Innovation Exchange Service, or from advertising, linking or becoming a supplier to us in connection with the Innovation Exchange Service;
- submit, post, email, display, transmit or otherwise make available on, through or in connection with the Innovation Exchange Service any material that contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- use the Innovation Exchange Service for commercial or business purposes, including, without limitation, engaging in barter arrangements, pyramid schemes, advertising, marketing, or offering goods or services or exploiting information or material obtained on, through or in connection with the Innovation Exchange Service, whether or not for financial or any other form of compensation or through linking with another website or web page;
- modify, disrupt, impair, alter, or interfere with the use, features, function, operation or maintenance of the Innovation Exchange Service or the rights or use or enjoyment of the Innovation Exchange Service by any other User;
- impersonate any person or entity, including, without limitation, an Innovation Exchange official, or falsely state or otherwise represent your affiliation with any person or entity, or transmit or otherwise make available on, through, or in connection with the Innovation Exchange Service false or misleading indications of origin, information, or statements of fact;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Innovation Exchange Service; or
- solicit passwords or personal identifying information for commercial or unlawful purposes from other Users, solicit Users for commercial or unlawful purposes, or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping,”, “phishing”, “database scraping,” or any other activity with the purposes of obtaining lists of Users or other information; or use or launch any automated systems, including, without limitation, “spiders,” “robots,” or “offline readers,” that access the Innovation Exchange Service in a manner that sends more request messages to the Innovation Exchange servers in one given period of time than a human being can reasonably send in the same period of time by using a conventional online web browser.
- PROPRIETARY RIGHTS.
- OWNERSHIP. As between you and Innovation Exchange, Innovation Exchange owns, solely and exclusively, all right, title and interest in and to the Innovation Exchange Service and all content contained and/or made available on, through or in connection therewith, and the Innovation Exchange Content is protected, without limitation, under UK law, as well as applicable foreign laws, rules, regulations and treaties. The term “Innovation Exchange Content” includes, without limitation, all video, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Innovation Exchange Service, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Innovation Exchange Service, and any copyrights, trademarks, service marks, trade names, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Innovation Exchange Service).
- COPYRIGHT INFRINGEMENT.
- If you are a copyright owner or an agent thereof and believe that any content on the Innovation Exchange Service infringes upon your copyrights, you may submit a notification providing our designated representative (as set forth below) with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Innovation Exchange Service are covered by a single notification, a representative list of such works on the Innovation Exchange Service;
- 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
- 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 owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following designated representative:
Name of designated representative: David Young
Address of designated representative:
The Landing Blue,
Media City Uk,
England, M50 2ST
Email Address of designated representative: email@example.com
- If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to Innovation Exchange for use on the Innovation Exchange Service, you may send a counter-notice containing the following information to our designated representative:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our designated representative, Innovation Exchange may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Innovation Exchange’s sole discretion.
- PERSONAL INFORMATION.
From time to time, you may choose to communicate or interact with, or obtain Third Party Services (as such term is defined herein) of or from, advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) found on or through the Innovation Exchange Service or a hyperlinked site, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertiser).
- THIRD PARTY PLATFORMS, SERVICES AND CONTENT.
- DISCLAIMER AND LIMITATIONS OF LIABILITY.
These services, and all Innovation Exchange content, products, services and other content made available on, through or in connection with the Innovation Exchange Service, are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, or any guarantee or assurance the Innovation Exchange Service will be available for use, or that all products, features, functions, services or operations will be available or perform as described. without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Innovation Exchange Service. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Innovation Exchange Service and content associated with your use of the Innovation Exchange Service.
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