Terms & Conditions
GnovatechTerms
of Service
The
mission of Gnovatechis to connect buyers with the right design firms for their
creative needs. To achieve our mission, we assist in the process by providing a
visual catalog of prospective service providers’ work and past projects for
buyers to utilize in their hiring decisions. The term “you”, “users”, “buyers”
or “service provides” refers to users who visit the Gnovatechwebsite and/or
contribute content to Gnovatechvia the Website, email, telephone, or otherwise.
BEFORE USING
GNOVATECH’SSERVICES, PLEASE READ THE TERMS OF USE (“TERMS”) CAREFULLY. IT IS A
LEGAL CONTRACT GOVERNING YOUR USE OF GNOVATECH’SWEBSITE AND SERVICES INCLUDING
UPGRADES THERETO AND MATERIALS MADE AVAILABLE THEREIN. BY USING THE
GNOVATECHWEBSITE, REGISTERING ON GNOVATECH, OBTAINING INFORMATION FROM
GNOVATECHSUCH AS RESEARCH PUBLICATIONS, CONTRIBUTING CONTENT TO GNOVATECHBY ANY
CHANNEL INCLUDING BY POSTING INFORMATION ON THE WEBSITE, RESPONDING TO A
SURVEY, SUBMITTING AN EMAIL, OR PARTICIPATING IN A TELEPHONE INTERVIEW
(COLLECTIVELY “GNOVATECH” OR THE “SERVICES”), YOU, YOUR HEIRS, AND ASSIGNS
(COLLECTIVELY, “YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS,
GNOVATECH’SPRIVACY POLICY, GNOVATECHt REVIEW GUIDELINES, AND ANY APPLICABLE
GNOVATECHINVOICE(S) (“INVOICE”) (COLLECTIVELY, THE “TERMS”).
If you
are entering into these Terms on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity and its affiliates to
the Terms. In that case, the terms “you” or “your” shall also refer to such
entity, and its affiliates, as applicable. If you do not have such authority,
or you do not accept all of these Terms, do not use the Services or provide
information to Gnovatech.
Be sure
to return to this page periodically to review the most current version of the
Terms. We reserve the right at any time, at our sole discretion, to change or
otherwise modify the Terms without prior notice, and your continued access to
or use of the Services signifies your acceptance of the updated or modified
Terms.
We
retain the right at our sole discretion to deny access to anyone to the
Services we offer, at any time and for any reason, including, but not limited
to, for violation of these Terms.
Eligibility
You
must be 18 years of age or older to use the Services, including to register for
an account, use the Website or submit reviews or other User Content (defined
below).
Account
Registration
As part
of your use of the Services, you may have the opportunity to create a Gnovatech
account. You are responsible for your account and agree to provide, upon
registration, and at all times maintain, accurate, current, and complete
information. We reserve the right, in its sole discretion, to refuse to keep
Accounts for or provide Services to, any individual. We reserve the right to
suspend or terminate your account if any information provided during the
registration process or at other times proves to be inaccurate, not current, or
incomplete. You are responsible for ensuring the confidentiality and security
of your account information, including your username and password. You will
immediately notify us of any unauthorized use of your account. We cannot and
will not be liable for any loss or damage arising from your failure to properly
comply with this section.
Your
Use of the Services.
As a
condition of your use of the Services, you agree to do the following:
Comply
with all applicable laws, including, without limitation, privacy laws,
intellectual property, tax laws, and regulatory requirements.
Provide
accurate information to us and update it as necessary; and
Review
and comply with notices sent by Gnovatech concerning the Services.
User
Content
Your
Responsibility For the Content You Submit
The
Services may enable you to provide, submit, post, upload, or otherwise make
available via the Website, emails, telephone, online surveys, or otherwise
(collectively, "submit") content such as review, comments, messages,
and other content (collectively, "User Content") that may or may not
be viewable by other users
You
acknowledge and agree that you are solely responsible for all User Content you
submit. Once User Content is submitted, it cannot be withdrawn. Any User
Content you submit must be accurate and up to date. You agree that you have all
required rights to submit, use, or disseminate such User Content without
violating any third-party rights.
You
assume all risk for any User Content you submit, including anyone’s reliance
upon such User Content. You may expose yourself to liability if you submit User
Content that is false, misleading, defamatory, violates any third-party right
or contractual restriction, or contains unlawful material. You agree that you
will indemnify, defend, and hold harmless Gnovatechfor all claims resulting
from User Content that you submit, including but not limited to claims alleging
defamation. We reserve the right, at our own expense, to assume the exclusive
defense and control of such disputes, and in any event, you will cooperate with
us in asserting any available defenses.
You further
acknowledge and agree that we reserve the right, in our sole discretion, to
reject, move, edit, or remove any User Content that is contributed to the
Services for any reason or no reason, but we do not assume the obligation.
Gnovatechhas no obligation to retain or provide you copies of the User Content.
Your
Risk in Using User Content
You
acknowledge and agree that we do not verify, adopt, ratify, or sanction User
Content and that you must evaluate and bear all risks associated with your use
of or reliance on User Content. Reference to any products, services, processes,
or other information, by trade name, trademark, manufacturer, supplier, or
otherwise, and any ranking on the Services does not constitute or imply
endorsement or recommendation thereof by Gnovatech. User Content and rankings
consist of the opinions of third parties and may contain inaccuracies.
Gnovatechmakes no assurances regarding the quality, accuracy, or reliability of
any User Content or rankings on the Services. You also understand that by using
the Services, you may be exposed to User Content that you may consider
offensive or objectionable.
From
time to time, Gnovatechmay provides incentives to encourage users to submit
reviews. Any such incentives are not dependent on whether the review is
positive or negative.
Gnovatechis
under no obligation to enforce the Terms on your behalf. You may notify
Gnovatechif you believe another user has violated the Terms; however,
Gnovatechreserves the right, in its sole discretion to investigate violations
of and enforce the Terms.
Gnovatech's
License to User Content
When
you submit User Content on or through your use of the Services, you grant us a
worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable,
and sub-licensable license (through multiple tiers), subject to these Terms,
to use the User Content for any purpose, including to use, publish, reformat,
copy, distribute, reproduce, modify, edit, adapt, publicly perform, translate,
and create derivative works from such User Content, in whole or in part, in any
format or medium now known or developed in the future, including without
limitation for providing, promoting and redistributing part or all of the
Services (and derivative works thereof) in any media formats and through any
media channels, without any further consent, notice and/or compensation to you
or any third-parties.
Gnovatech
and its licensees may publicly display advertisements and other information
adjacent to or included with User Content. You are not entitled to any
compensation for such advertisements. The manner, mode, and extent of such
advertising are subject to change without specific notice to you.
Feedback
Any of
your feedback about the Services, such as suggestions for corrections, updates,
alterations, changes, or modifications to the Services will be the property of
Gnovatechand you hereby assign any rights in such feedback to Gnovatech,
without payment to you.
Prohibited
Activities
In
using the Services, you agree you will not, nor will you assist or encourage
others to:
Submit,
email, transmit, or otherwise make available or initiate any content that:
Is
unlawful, libelous, abusive, obscene, discriminatory, or otherwise
objectionable;
Includes
information that you do not have the right to disclose or make available under
any law or contractual or fiduciary relationships (such as insider information,
or proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
Infringes
upon patents, trademarks, trade secrets, copyrights, privacy rights, rights of
publicity, or any other intellectual or proprietary rights;
Includes
any unsolicited or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of
solicitation;
Contains
software viruses, worms, or any other computer code, files, or programs that
could interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment of Gnovatechor any user of Gnovatech;
Duplicate,
license, sublicense, publish, broadcast, transmit, distribute, perform,
display, sell, rebrand, or otherwise transfer information found on
Gnovatech(excluding User Content submitted by you) except as permitted in these
Terms, or as expressly authorized by Gnovatech;
Remove
or modify any copyright, trademark, or other proprietary rights notice that
appears on the Services;
Reverse
engineer, decompile, disassemble, decipher or otherwise attempt to derive the
source code for the Services or any underlying intellectual property used to
provide the Services or any part thereof;
Utilize
or copy information, content, or any data you view on or obtain from
Gnovatechto provide any service that is competitive, in Gnovatech’ssole
discretion, with Gnovatechor to create a searchable database of reviews or
content available on Gnovatech;
Collect,
use, copy, download, or transfer any information, including, but not limited
to, personal information obtained from Gnovatechexcept as expressly permitted
in these Terms or as the owner of such information may expressly permit;
Record,
process, or mine information about other users;
Use
manual or automated software, devices, scripts robots, other means or processes
to access, “scrape,” “crawl” “spider,” or index any web pages or any other
portion of the Services;
Engage
in “framing,” “mirroring,” or otherwise simulating the appearance or function
of Gnovatech' Services or content except as expressly permitted by Gnovatech;
Attempt
to or override any security component included in or underlying Gnovatech;
Attempt
to gain unauthorized access to the Services, user accounts, or Gnovatechsystems
or networks through hacking, password mining, or other means;
Engage
in any action that directly or indirectly interferes with the proper working of
or places an unreasonable load on Gnovatech’sinfrastructure;
Post
reviews on services or products offered by your current employer or by direct
competitors of your current employer’s services or products, or on any products
or services for which you have a conflict of interest;
Threaten,
harm, or harass others, and/or
Log in
using an alias that masks your true identity.
Ownership
and Intellectual Property
As
between you and Gnovatech, you own the User Content you submit. Gnovatechowns
all content other than User Content, including all features, graphics, design,
code, a compilation of User Content, Website, aggregate reviews and ratings,
and all other components of the Services. The Services are protected by
copyright, trademark, and other laws of the United States and foreign
countries. Except as expressly provided in these Terms, Gnovatechand its
licensors exclusively own all rights, title and interest in and to the
Services, including all associated intellectual property rights. You will not
remove, alter or obscure any copyright, trademark, service mark, or other
proprietary rights notices incorporated in or accompanying the Services.
All
trademarks, service marks, logos, trade names and any other proprietary
designations of Gnovatechused herein are trademarks or registered trademarks of
Gnovatechand may not be copied, imitated or used, in whole or in part, without
the prior written permission of Gnovatech. All other trademarks, registered
trademarks, product names and company names or logos mentioned in the Services
are the property of their respective owners.
Copyright
Policy
Gnovatechrespects
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
User Content has been copied in a way that constitutes copyright infringement,
please provide our copyright agent with the following information in accordance
with the Digital Millennium Copyright Act: (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.
Our
designated copyright agent for notice of alleged copyright infringement or
other legal notices regarding User Content appearing on the Service is:
Gnovatech
Email: info@gnovatech.co.uk
Please
note that we will send a copy of your notice to the person who provided the allegedly
illegal content and a link to your published notice may be displayed on
Gnovatechin place of the removed content.
We
reserve the right to remove User Content alleged to be infringing or otherwise
illegal without prior notice and at our sole discretion. In appropriate
circumstances, we will also terminate a user's account if the user is
determined to be a repeat infringer.
Disclaimer
TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PROVIDE THE SERVICES AND
ALL INFORMATION CONTAINED THEREIN ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR
USE IS AT YOUR SOLE RISK.
GNOVATECH
MAKES NO CLAIMS WITH RESPECT TO ANY THIRD-PARTY, SUCH AS THE COMPANIES REVIEW
ON THE SERVICES. GNOVATECHDOES NOT ENDORSE ANY COMPANY, VENDOR, SERVICE, OR
PRODUCT DEPICTED IN THE SERVIcES AND DOES NOT ADVISE USERS TO SELECT ANY
PARTICULAR COMPANY ON THE BASIS OF ITS REVIEWS OR RATINGS. REVIEWS ON THE
SERVICES CONSIST OF THE OPINIONS OF THE REVIEWERS AND SHOULD NOT BE CONSTRUED
AS STATEMENTS OF FACT. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR
REPRESENTATIONS OF QUALITY, ACCURACY, OR RELIABILITY OR USER CONTENT. YOUR
PURCHASE OR USE OF, AND THE QUALITY AND PERFORMANCE OF, ANY PRODUCTS OR
SERVICES OFFERED BY THIRD-PARTIES REVIEWED ON THE SERVICES IS AT YOUR OWN
DISCRETION AND RISK.
GNOVATECHDISCLAIMS
ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, ACCURACY, OR NON‐INFRINGEMENT. THE SERVICES MAY INCLUDE
INACCURACIES OR ERRORS. GnovatechDOES NOT GUARANTEE THE ACCURACY OF, AND
DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE SERVICES OR
IN THE INFORMATION IN OR DESCRIPTION OF THE SERVICES (INCLUDING, WITHOUT
LIMITATION, COMPANY PROFILES, PORTFOLIO IMAGES AND DESCRIPTIONS, REVIEWS,
DIRECTORY AND RESEARCH DATA, ETC.). GNOVATECHMAKES NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE SERVICES OR ANY INFORMATION CONTAINED THEREIN FOR ANY
PURPOSE, AND THE INCLUSION OR OFFERING OF ANY INFORMATION ABOUT A PRODUCT OR
SERVICE OR COMPANY OTHER THAN GNOVATECHDOES NOT CONSTITUTE ANY ENDORSEMENT OR
RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY GNOVATECH.
IF YOU
ARE DISSATISFIED OR HARMED BY GNOVATECHOR ANYTHING RELATED TO GNOVATECH, YOU
MAY CLOSE YOUR GNOVATECHACCOUNT, STOP USING THE SERVICES, AND TERMINATE THESE
TERMS AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
GNOVATECHDOES
NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN
FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED
DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GNOVATECHDISCLAIMS
ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN
FUNCTIONING. FURTHERMORE, GNOVATECHDISCLAIMS ALL LIABILITY FOR ANY
MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES
DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE
PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
IF
APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST
USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
Limitation
of Liability
TO THE
MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GNOVATECHBE LIABLE TO YOU OR
ANY THIRD‐PARTY FOR PERSONAL INJURY, PROPERTY DAMAGE, ANY LOST PROFITS, LOST
DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF
GNOVATECHHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND
USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA
RESULTING THEREFROM.
TO THE
MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING
TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE
SERVICES GIVING RISE TO SUCH CLAIM IN THE CALENDAR YEAR IN WHICH SUCH CLAIM
AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Indemnification
You
agree to indemnify, defend, and hold Gnovatechharmless from and against any and
all third‐party claims, liabilities, demands, settlements, damages, losses, and
expenses of any kind (including, but not limited to, reasonable attorneys' fees
and costs) arising out or relating in any way to (1) your failure to comply
with these Terms, including, without limitation, your submission of User
Content or (2) your use of the Services or any activity in which you engage on or
through Gnovatech.
Choice
of Law and Mandatory Binding Arbitration
These
Terms or any claim, cause of action or dispute (“claim”) arising out of or
related to the Terms shall be governed by the laws of the District of Columbia
regardless of your country of origin or where you access Gnovatechand
notwithstanding of any conflicts of law principles and the United Nations
Convention for the International Sale of Goods. You and Gnovatechagree that all
claims arising out of or related to these Terms must be resolved exclusively by
a state of federal court located in the District of Columbia, except as
otherwise agreed by the parties.
Except
as prohibited by Law, any dispute under these Terms shall be resolved in
Washington D.C., by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules and judgment on
the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. Nothing in this arbitration provision is intended to prevent
either party from filing charges with state or federal agencies. You agree that
such arbitration shall be conducted on an individual basis only, not a class,
collective or representative basis, and you waive any right to bring
class-wide, collective or representative claims before any arbitrator or in any
forum. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES YOU ARE WAIVING
ANY RIGHT YOU MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision
is not intended to modify or limit the right of either party to seek equitable
relief, such as an injunction or attachment, through judicial process, which
will not be deemed a waiver of the right to demand and obtain arbitration. In
the event of any dispute between us concerning the terms and provisions of
these Terms, the party prevailing in such dispute shall be entitled to collect
from the other party all costs incurred in such dispute, including reasonable
attorneys fees.
Except
as otherwise specified in this Agreement, all notices, permissions and
approvals hereunder shall be in writing and shall be deemed to have been given
upon: (i) personal delivery, (ii) the second business day after mailing, (iii)
the second business day after sending by confirmed facsimile, or (iv) the first
business day after sending by email (provided email shall not be sufficient for
notices of termination or an indemnification claim). Notices to you shall be
addressed to the system administrator designated by you for your relevant
Services account, and in the case of billing-related notices, to the relevant
billing contact designated by you.
Notices
should be addressed to info@gnovatech.co.uk.
Links
to Third-Party Sites
Gnovatechincludes
links to third-party websites. You are responsible for evaluating whether you
want to access or use a third-party site. Gnovatechis not responsible for and
does not endorse any content, services, products or other materials on or
available from third-party sites. Accordingly, if you decide to use third-party
sites you do so at your own risk and your use is on an “as-is” basis.
Gnovatechshall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with your use
of or reliance on any linked websites. These Terms do not apply to your use of
any third-party site. The third-party websites may have their own Terms of
Service and Privacy Policy to which you may be bound.
General
Entire
Agreement & Severability
You
agree that these Terms constitute the entire, complete and exclusive agreement
between you and Gnovatechregarding the Services and supersedes all prior
agreements and understandings, whether written or oral, or whether established
by custom, practice, policy or precedent, with respect to the subject matter of
these Terms.
If any
provision of the Terms is found by a court of competent jurisdiction or
arbitrator to be illegal, void, or unenforceable, the unenforceable provision
will be modified so as to render it enforceable and effective to the maximum
extent possible in order to effect the intention of the provision; if a court
or arbitrator finds the modified provision invalid, illegal, void or
unenforceable, the validity, legality and enforceability of the remaining
provisions of these Terms will not be affected in any way.
Waiver
of Rights and Injunction
Our
failure to act with respect to a breach of the Terms by you or others does not
waive our right to act with respect to that breach or subsequent similar or
other breaches. Except as expressly and specifically contemplated by the Terms,
no representations, statements, consents, waivers or other acts or omissions
shall be deemed legally binding unless documented in a physical writing hand
signed by a duly appointed officer of Gnovatech.
In no
event shall you seek or be entitled to rescission, injunctive or other
equitable relief, or to enjoin or restrain the operation of the Service,
exploitation of any advertising or other materials issued in connection
therewith, or exploitation of the Services or any content or other material
used or displayed through the Services.
Assignment
of Rights
You may
not assign or delegate any rights or obligations under the Terms. Any purported
assignment and delegation shall be ineffective. We may freely assign or
delegate all rights and obligations under the Terms, fully or partially without
notice to you. We may also substitute, by way of unilateral novation, effective
upon notice to you, Gnovatechfor any third-party that assumes our rights and
obligations under the Terms.
Service
Help
For
answers tor your questions, call us or email us at info@gnovatech.co.uk. Or you
can write to us at: