INSTICC Portal End User License Agreement (EULA)

IMPORTANT - Read Carefully:

Welcome to the INSTICC Portal (the “Portal”).

By using the INSTICC Portal YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE, LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the INSTICC Portal. INSTICC may change the terms of this Agreement and/or the privacy notice from time to time without notice to you, and you are responsible for the then current version of the policies in effect at all times. If you do not agree to be bound by these terms and conditions or privacy notice policies, you may not use the INSTICC Portal.

You will note that at the bottom of this Agreement, the date of last modification is indicated. You are encouraged to check the revision date with each use to ensure you are comfortable with the latest revisions. If you are dissatisfied with the INSTICC Portal, its content or this Agreement as it may be revised, you agree that your sole and exclusive remedy is to discontinue using the Portal.

Termination

You agree that INSTICC may terminate this Agreement, for any reason at our sole discretion, at any time, without notice, and that INSTICC reserves the right to change, suspend, or discontinue all or any aspects of the INSTICC Portal, for any reason at our sole discretion, at any time, without notice. You are personally liable for any charges that you incur prior to any termination, change, suspension or discontinuation of this Agreement or the INSTICC Portal. 

User Restrictions

You agree that:

  • You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or proper working of the Portal.
  • You will not make illegal use of the Portal or use it for purposes which are illegal.
  • You will not interfere with anyone else who is a user of the Portal in their use of the Portal.
  • You will follow international laws regarding transmitting data and you will not attempt to gain access to our computer system or any other computer systems.
  • You will not remove, obscure, or alter any notice of any logo, trademark, or other intellectual property or proprietary right designation appearing on or contained within the portal.
  • You will not access (or attempt to access) any product or services offered via the INSTICC Portal by any means other than the interface that is provided by INSTICC.

Passwords

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the INSTCC Portal. Accordingly, you agree that you are solely responsible to INSTCC for all activities that occur under your account. If you become aware of any unauthorized use of your password on the INSTICC Portal or your account, you agree to notify INSTICC immediately. Contacts are available at the ‘Contacts page’.

Monitoring

We reserve the right to log, review, and otherwise examine any information stored on or passing through our networks or systems.

Downtime and Service Suspensions

Your access to and use of the Services may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures or other interruptions.

We shall also be entitled, without any liability to you, to suspend access to any portion or all of the Portal at any time, on a system-wide basis: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Portal; (b) in the event of a denial of service attack or other attack on the Portal or other event that we determine, in our sole discretion, may create a risk to the applicable Portal, to you or to any of our other customers if the Portal service were not suspended; or (c) in the event that we determine that any Portal service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons.

Rights to Use of INSTICC Portal

INSTICC grants you a personal, worldwide, non-assignable and non-exclusive license to use the INSTICC Portal as part of the services being provided to you by INSTICC. This license is for the sole purpose of enabling you to use and enjoy the benefit of the INSTICC Portal and services, in the manner permitted by these terms and conditions. You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the INSTICC Portal or any part thereof. Except as expressly provided herein, unless INSTICC has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the INSTICC Portal, grant a security interest in or over your rights to use the INSTICC Portal, or otherwise transfer any part of your rights to use the INSTICC Portal.

Intellectual Property

The content on the INSTICC Portal including without limitation, the text, software, scripts, graphics, photos, sounds, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to INSTICC, subject to copyright and other intellectual property rights under international laws and conventions. Content on the INSTICC Portal is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. INSTICC reserves all rights not expressly granted in and to the INSTICC Portal and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the INSTICC Portal or features that prevent or restrict use or copying of any Content or enforce limitations on use of the INSTICC Portal or the Content therein.

Copyright and Trademark policies

It is INSTICCS’ policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.

Other Content

The INSTICC Portal may include hyperlinks to other web sites or content or resources that are not owned or controlled by INSTICC. INSTICC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or resources which are provided by companies or persons other than INSTICC. You acknowledge and agree that INSTICC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources. You acknowledge and agree that INSTICC is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such web sites or resources. We encourage you to be aware when you leave the INSTICC Portal and to read the terms and conditions and privacy policy of each other website that you visit.

Warranty Disclaimers and Limitation of Liability

Except as specifically set forth in this Agreement, INSTICC makes no other representations or warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, with respect to the Portal. You agree that use of the Portal is at your sole risk. The Portal is provided on an "as is" and "as available" basis.

INSTICC does not warrant that use of the Portal site will be uninterrupted or error-free.

Under no circumstances shall INSTICC be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the INSTICC Portal, or any web site linked to the INSTICC Portal, including but not limited to reliance by you on any information obtained from the INSTICC Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data. 

The INSTICC Portal utilizes validated security systems in an attempt to eliminate unauthorized access to private information. By using the INSTICC Portal, you expressly agree to not hold INSTICC liable in the event of unauthorized access and subsequent use of your personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of INSTICC has been advised of or should have knowledge of the possibility of such damages.

Indemnity

You agree to defend, indemnify and hold harmless INSTICC from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the INSTICC Portal; (ii) your violation of any term of this Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the INSTICC Portal.

Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between you and us, whether written or oral, regarding such subject matter.

Severability

If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.

Waivers

The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

Last Revision Date

This Agreement was last revised on November 28, 2013.