Terms and Conditions

Published at: 12/4/19, 11:00 PM

Induct AS - User Agreement

v.20191205.4

This agreement replaces the previous agreement v20191129.3. In this agreement, we have removed chapter 2.9 “License to marks”, and by doing so further strengthened the protection of our users. In the version below the previous chapter 2.10 has become chapter 2.9.

PLEASE READ THIS USER AGREEMENT CAREFULLY. BY ACCEPTING THESE TERMS OR ACCESSING OR USING INDUCT’S WEBSITE (THE “INDUCT NETWORK”) OR THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE INDUCT NETWORK OR ANY OF THE SERVICES.

Welcome to the Induct Network. For the purposes of this Agreement, the Induct Network means contracting with all Induct Group entities stated in clause 7. The Induct Network provides a network of internet-based services enabling access to and sharing of information, knowledge, both professional and user generated Content. Users are required to first set up an account by completing the registration process and to accept the terms and conditions of this Agreement, as well as the terms and conditions of the Induct Privacy Policy.

 

 

1. THE AGREEMENT

This Agreement sets out the terms and conditions on which You may access and use the services, specifically any service provided on, through or by the Induct Network, including the facility for all Users to post, submit, subscribe to view Content, as well as new features and services which may be introduced from time to time, and related technology (“the Services”).

 

Induct reserves the right to modify the terms of this Agreement at any time by placing the revised terms on this website and in the case of material changes, You will be notified by email to the email address of record in Your Account. Your continued use of the Services following the posting of the revised terms on this website, or the passage of fifteen (15) business days from the time of such posting, shall be deemed to constitute Your acceptance of such modification.

 

 

2. CONDITIONS AND RESTRICTIONS OF USE

2.1 User Eligibility

You may not set up an account on the Induct Network if You have been banned, suspended or had an account removed from the network by Induct for any reason. If You set up an account, You are representing and warranting that You are a person and not an electronic robot. You may have more than one account, but You cannot sell or otherwise transfer Your account to another party.

2.2 Registration and User Information

In order to use or access the Services, You are required to set up your account by completing the registration process which requires You to provide Your Data. In providing such data, You represent and warrant that: a) the information about Yourself is true, current, and complete, b) You will maintain and promptly update Your Data to keep it true, current and complete; and c) You will maintain the security of Your password and identification. You agree to accept all risks of unauthorized access, not directly caused by Induct negligence, to Your account. If You provide inaccurate information, Induct has the right to suspend or terminate Your account. Induct will collect information about Your use of the Services, including the Content You choose to view. Induct will use and reuse Your Data and information about Your viewing patterns subject to the Induct Privacy Policy.

2.3 License to the Services

Subject to the terms and conditions of this Agreement, Induct hereby grants You a limited, revocable, non-exclusive, non-transferable, non-sub licensable, worldwide right to use the Services solely for the purposes described in this Agreement which include the right to embed ads or suggested content on Your Account. All rights not expressly granted to You are reserved by Induct and its licensors. Except as expressly permitted by Induct, You shall not: (a) license, sublicense, sell, resell, rent, transfer or assign, the Services in any way; (b) reverse engineer, decompile, modify, translate, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Services, including the Content, the underlying technology; (c) use any data mining, robots or similar data gathering or extraction methods or (d) use any of the Content or the Services other than for its intended purpose. Upon termination, suspension or expiration of this license, You shall no longer have the right to use the Services or display, download or make available any Content from the Induct Network. This license shall terminate automatically upon termination or expiration of this Agreement.

2.4 Content

You acknowledge that Induct does not screen or review Content to determine whether, amongst other things, it contains false, defamatory, offensive, indecent, or objectionable material or contains errors and/or omissions. However, Induct reserves the right, and has absolute discretion, to monitor, screen, edit or remove any Content posted on the Induct Network or accessed through the Services at any time. Under no circumstances will Induct be liable in any way for any User or other third-party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services or the failure to access such Services. As set forth below in the Representations and Warranties and Limitation of Liability sections. Induct does not guarantee that any Content will be to Your satisfaction.

2.5 Public Profiles

Your Public Profile contains details such as name, job title, organization, country, photos, the Induct Network activity and history, and content created by You. Other Users will be able to view your Public Profile on induct.net should you desire. You agree that all Profile Information shall be true and accurate. You agree not to use information contained in Public Profiles to solicit Users from a competitor. You agree that the Public Profiles shall not (a) contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) contain material that is sexually explicit, pornographic, violent, or discriminatory; (c) promote illegal or unlawful activity; (d) impersonate or attempt to impersonate or stalk any person or entity; or (e) violate any law or regulation or otherwise infringe on a third parties’ right(s). Induct reserves the right, and has absolute discretion, to remove any Public Profiles posted on induct.net or accessed through the Services at any time.

2.6 Term and Termination

This Agreement commences when accepted by You and has an Initial Term of twelve (12) months. Upon expiration of the initial term and each subsequent term, this Agreement will automatically renew for successive renewal terms in equal duration to the initial term unless You terminate by providing written notice to Induct at least 30 days prior to the end of the previous term, or as otherwise stated below.

 

Induct may terminate Your account and/or suspend Your access to the Services should You fail to comply with the terms and conditions contained in this agreement or any other guidelines and rules published by Induct. Induct further reserves the right to terminate or suspend any User account with or without cause in Induct’s sole discretion without prior notice.

 

2.7 Ownership Rights

Each party retains any and all pre-existing right, title and interest in and to its website(s), trademarks, intellectual property, Your Content (in Your case), the Services (in the case of Induct), and all components thereof. This Agreement shall not be construed in any manner as transferring any rights of ownership of or license to the foregoing, and/or to the features or information therein, except as expressly set out in this Agreement. Under no circumstances will this Agreement be construed as granting, by implication, estoppel or otherwise, a license to any intellectual or other property or components thereof other than as specifically granted in this Agreement. Induct does not independently confirm that all Content is provided by a valid rights holder. In the event that Induct becomes aware that Content has been provided by a person who is not a valid rights holder, Induct may, at its discretion, disable and/or terminate the publication of such Content.

2.8 License to Content, Your Data and your Performance

You hereby grant Induct a non-transferable (except as provided herein), royalty-free, non-exclusive, worldwide license to perform such acts in connection with Your Content as is necessary to provide the Services. The foregoing license includes, according to confidentiality and access level (Content you make available for the Induct Network), permission for Induct to (a) aggregate, publicly display, transmit, distribute, copy in its original form or in the form of an encoded work, store, archive, modify, create derivative works of, or reproduce Your Content and to perform such other acts with respect to Your Content as are necessary from time to time to provide the Services; (b) use Your Content and Your name, in connection with Content that You post, provide or participate in, in connection with the Service; (c) offer or provide open access to Your Content on or through the Induct Network; (d) to distribute, transmit, and/or display Your Content on the Induct Network or via such technologies as are or may in the future be supported by Induct from time to time including without limitation, the internet and/or wireless transmission; (e) display advertisements in connection with or alongside any display of Your Content. For the avoidance of doubt, the parties expressly agree and acknowledge that the Services do not include taking title to any of Your Content.

2.9 Representations about Content

You specifically represent and warrant that any Content provided directly or indirectly by You, and its distribution and/or publication through the Services, the Induct Network, or through its being embedded on any third party website, does not, and shall not, infringe or misappropriate any third party’s rights, nor shall doing so violate any right of any person, including without limitation any copyrights, trademarks, rights of publicity and rights of privacy. You represent and warrant that You own or have obtained all necessary rights and licenses with respect to Your Content. You further represent that You have paid all license fees and/or other fees required to be paid to third parties for performance of Your obligations or exercise of Your rights hereunder, for the grant of licenses hereunder, and for any other act by You under this Agreement (“Third Party License Fees”) and You covenant to pay any Third Party License Fees required to be paid in the future for such actions in a timely manner. You further expressly agree that as between You, on the one hand, and Induct on the other hand, any obligation to pay Third Party License Fees as a result of distribution of Your Content pursuant to this Agreement shall be Your obligation and not the obligation of Induct.

 

 

3. INDEMNITY

You agree to indemnify and hold Induct and its officers, directors, shareholders and employees harmless from any claim, damages, loss or liabilities (including reasonable legal costs) made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Services.

 

 

4. DISCLAIMER OF WARRANTIES

THE INDUCT NETWORK, THE SERVICE AND CONTENT PROVIDED BY INDUCT IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED BY INDUCT AND ITS LICENSORS TO THE FULLEST EXTENT PERMITTED BY LAW.

INDUCT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILTY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, NONINFRINGEMENT OR COMPLETENESS OF THE INDUCT NETWORK, THE SERVICE OR ANY CONTENT, OR ANY USER DATA. INDUCT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY OF THE PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU EXPRESSLY ACCEPT THE FOREGOING DISCLAIMERS AS A CONDITION OF USE OF THE INDUCT NETWORK. INDUCT FURTHER DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. INDUCT DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, AND YOU ACCEPT SUCH RISK AS A CONDITION OF USE.

In any jurisdiction that does not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to You as they relate to implied warranties.

 

 

5. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL INDUCT OR ITS LICENSORS BE LIABLE TO ANYONE ON ACCOUNT OF USE OR MISUSE OF AND RELIANCE ON THE INDUCT NETWORK, THE SERVICE OR THE CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF INDUCT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE AND/OR CONTENT, OR FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

UNDER NO CIRCUMSTANCES SHALL INDUCT OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT, TECHNOLOGY OR, ELECTRICAL POWER FAILURES, NONPERFORMANCE OF THIRD PARTIES OR GOVERNMENTAL ACTIONS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INDUCT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE INDUCT NETWORK, THE SERVICES OR THE CONTENT EXCEED THE COMPENSATION YOU PAY, IF ANY, TO INDUCT FOR ACCESS TO OR USE OF THE INDUCT NETWORK OR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CIRCUMSTANCES THAT GAVE RISE TO THE CLAIM.

In any jurisdiction that does not permit limitations of liability, the foregoing limitation may not apply to You.

 

 

6. CHANGE OF CONTROL

In the event of a change of control of Induct, this Agreement shall be binding upon and inure to the benefit of the parties hereto and Induct’s heirs, successors and assigns.

 

 

7. CONTRACTING PARTIES, NOTICES, GOVERNING LAW AND JURISDICTION

The party that You are contracting with under this Agreement, who notices should be sent to, the governing law of this Agreement and exclusive court jurisdiction to which both parties to this Agreement consent, depend on Your location and are set out below

 

8. GENERAL DEFINITIONS APPLICABLE TO THIS AGREEMENT

In this User Agreement, the following definitions shall apply:

(i) The “Induct Network” means websites served by the Induct technology platform;

(ii) “Content” means all information, knowledge and other content that is published on the Induct Network including, without limitation, content in Public Profiles, video, music, audio, photographs, images, text, trade mark, copyrighted work, any digital file, any live or recorded event;

(iii) “Public Profile” means a public profile that contains details including name, job title, organization, country, photos, induct.net activity and history, and comments that is shared with other Users.

(iv) “Users” or “You” means you, or, if you are accepting on behalf of your employer or another entity, “You” means that employer or entity;

(v) “Your Data” means information that you are required to provide to complete the registration process or opt to provide to Induct;

(vi) “Your Content” means any Content that is placed and/or provisioned by You on the Induct Network;

Note: certain terms, including “Services,” are defined in the main body of the Agreement above.

 

 

9. COPYRIGHT COMPLAINTS, REPEAT INFRINGER

If You believe that anything on the Induct Network infringes upon any copyright which You own or control, You may file a notification of such infringement with our Designated Agent as set forth below:

Notification of copyright infringement should be sent by mail, fax or email to:

Designated Agent: Induct AS

Address: Nedre Vollgate 3, 0158 Oslo, Norway

Telephone Number: +47 415 80 000.

Email Address: legal@inductsoftware.com

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Induct has adopted a policy of terminating, in appropriate circumstances and at Induct's sole discretion, Users or account holders who are deemed to be repeat infringers. Induct may also at its sole discretion limit access to the Induct Network and/or terminate the accounts of any User who infringe any intellectual property rights of others, whether or not there is any repeat infringement.