Effective as of April,18 2019
Welcome to the Greatest Desires!
For your convenience, the last revision date is included at the top of this page.
Products – software the Products and/or the Services developed and owned by InterService International, Inc., including, but not limited to Greatest Desires and other products, software the Products and/or the Services, business the Products and/or the Services as applicable.
Service(s) – result and/or any benefit user receive / may receive / supposed to receive while using the Products.
Services Data – data you receive while using the Products (e.g. campaign statistics, number of clicks, number of impressions, conversions, geolocation, etc.).
User/you/your – person or company to whom we provided access to (leased) the Products.
Third Parties – any other Party which is not InterService International, Inc. or user.
Website – website of InterService International, Inc., located at https://http://greatestdesire.com/.
1. The Products and Services
A mission of the Greatest Desires is to help people from all over the world unite in a community and share dreams. To accomplish this mission, we provide you with the service described below:
• Providing you with the personalized user experience.
Your experience using the Greatest Desires is different from the experience of all other people: from publications, stories and other content that you see in the News Feed, to the Pages to which you are subscribed, and other functions that you can use. We use the data we have — for example, the relationships you set, the parameters and settings you choose, the content you share, and your actions in and out of our Products — to personalize your experience.
• Connect with people and organizations that interest you.
We help you find people, groups, companies, organizations, and others that are important to you and connect with them in the Greatest Desires. We use the data we have to provide recommendations to you and other people — for example, to join certain groups, subscribe to the Pages or send them a message, watch the show and add certain people as friends. The stronger the connection, the better the community. We believe that our services are most useful when people keep in touch with people, groups, and organizations that interest them.
• The possibility of self-expression and communication on important topics for you.
There are many ways to express yourself on the Greatest Desires and chat with friends, family and other people on topics important to you - for example, share status updates, photos, videos, and stories, send messages to a friend or several people, create groups or add content to your profile.
• Combating harmful behavior, protecting and supporting our community.
People will be able to unite in the community on the Greatest Desires only if they feel safe. We develop cutting-edge technical systems to detect abuses in the Greatest Desires, harmful behavior towards others and situations in which we can support or protect our community. If we become aware of such content or behavior, we will take appropriate measures — for example, offer assistance, remove content, block access to certain functions, disable an account, or contact law enforcement. Upon detection of abuse or harmful behavior by a person using one of our Products.
• Use and develop advanced technologies to provide all people with safe and functional services.
We use and develop advanced technologies so that people can safely use the Greatest Desires, regardless of physical ability or geographic location. We also create sophisticated networking and communication technologies so that more people can connect to the Internet in places where access to it is limited. In addition, we are developing automated systems to more effectively identify and prevent abusive and dangerous actions that can harm our community and violate the integrity of Greatest Desires.
• Ensuring consistency and convenience Greatest Desires.
Greatest Desires succor you to find people, groups, companies, organizations, and others who are important to you and to communicate with them. We design our systems in such a way as to ensure uniformity and convenience. For example, we use data about the people you interact with at the Greatest Desires so that you can easily contact them and give you the opportunity to communicate.
2. Modification of The Products.
You understand and agree that InterService International may at any time change, modify or review the Products and/or the Services (or any part thereof), may terminate or restrict the use of the Products and/or the Services (or any part thereof) for any reason with notice or without such. You must agree to all changes, modifications, and revisions if you choose to continue using the Products and/or the Services. By continuing to use the Products and/or the Services, you agree to the then-current version of the Products and/or the Services. If at any point you do not agree to any portion of the then-current Products and/or Services, you must immediately stop using the Products and/or the Services and notify us about this.
We may chose to provide you with relevant notice, but in no way are obliged to.
InterService International reserves the right to add or remove information, content or the Services from the Products, as well as the Products itself at any time at its sole discretion.
Before you can access and use the Products and the Services, you should register using the relevant form on the Website (or other channel of communications if applicable). When registering you required to explicitly agree to this ToU and the Data Usage Policy, which you will be deemed to have done by accessing and/or using the Products and/or the Services.
By registering, accessing and/or using the Products and/or the Services you represent, warrant and covenant that you have all the rights and is duly authorized to act on behalf of your company in case you register, use, access, make payments and/or use the Products and/or the Services in interest and on behalf of such company. You represent and warrant, that there is no conflict between any of your actions regarding the Products and/or the Services and other agreements, obligations, deals, laws, etc. applicable to you.
After registration is completed you’ll have your own login and password for entering into your account. We do not have any access to your password, thou we know your login and can identify you when you enter your account through that login.
You represent and warrant that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
You are solely responsible for any fees, taxes, declaring, etc. that you incur when accessing, using and/or benefiting from the Products and/or the Services.
4. Permitted Use.
InterService International permits you to access and use a single copy of the Products solely for your personal, non-commercial use (unless your are expressly permitted to use it for commercial purposses).
After registration, you will have single access point (meaning you will be able to access the Products only through the account your’ve registered).
You may add necessary information to the Products in order to receive the Services. When adding any information to the Products and/or the Services you represent and warrant that you have all the necessary rights to use/provide such information (including all the restrictions and consents required by corporate rules, copyright, data protection laws and regulations).
You covenant and warrant not to use the Products in any forbidden way as stated herein and in other applicable agreements, laws and regulations.
5. Your obligations to the Greatest Desires and our community
We provide these services to you and other people in order to fulfill our mission. In return, we ask you to undertake the following obligations:
5.1. Who can use Greatest Desires
When real people are behind the opinions and actions, it helps to increase safety and responsibility in our community. For this reason, you must:
Use the name you use in everyday life. Specify accurate information about yourself.
Create only one account (your own) and use your chronicle for personal use only.
Do not give your password, do not give access to your account Greatest Desires and do not transfer your account to other people (without our permission).
We try to make the greatest Desires was available to everyone, but you have no right to use it if:
• You are under 13 years old (or the minimum age from which you have the right to provide you personal data to anyone or take any personal obligations on yourself).
• You are convicted of a sexual offense.
• We have previously disabled your account for violating our terms or policies.
• You are prohibited from receiving our products, services or software in accordance with applicable law or court order.
5.2. Valid content and allowed actions on the Greatest Desires
We want people to use Greatest Desires for self-expression and shared important content for themselves, but they did not harm the safety and well-being of others and did not violate the moral principles of our community. In this regard, you agree to refrain from the actions described below (not to facilitate such actions and not to support such actions by other people):
You may not use our Products to share content or perform actions that:
• Violate this ToU, our community norms and other terms and policies governing your use of the Greatest Desires.
• Are illegal, fraudulent, discriminatory or misleading.
• Violate the rights of others, including intellectual property rights.
You do not have the right to download viruses or malicious code or to perform actions that could lead to a shutdown, disruption or deterioration of the appearance of Greatest Desires either to overload them.
You may not access or collect data from the Greatest Desires using automatic tools (without our prior permission) or try to access data without permission for such access (including permission from other users).
We may delete the content you shared in violation of these provisions, and, if applicable, we can take action on your account for the reasons described below. We can also disable your account if you systematically violate other people's intellectual property rights or privacy laws requirements.
We recommend you complain about content and behaviors that you believe violate your rights (including intellectual property rights) or our terms and policies. This way you will help us support the community.
5.3. Permissions Granted by You to the Greatest Desires
We need to obtain certain permissions from you in order to provide our services:
Permission to use the content you create and share. You are the owner of the content that you create and share on the Greatest Desires, and no provisions of this ToU deprive you of the rights to your own content. You are free to share your content with other people anywhere. However, in order to provide our services, we need to obtain from you certain legal permissions to use such content.
In particular, when you publish or upload content that is subject to intellectual property rights (such as a photo or video), to the Greatest Desires, or shares such content, you give us a non-exclusive, royalty-free, worldwide license with the right to transfer and issue sublicenses for storage, use, distribution, modification, launch, copy, public performance or display, translation of your content and creation of derivative works on its basis. This, for example, means that if you share a photo on the Greatest Desires, you allow us to store, copy it and share it with others (again, according to your preferences), for example with service providers who support Greatest Desires.
You can terminate this license at any time by deleting your content or account. You should be aware that for technical reasons, the content you have deleted may still be backed up for some time (and it will not be visible to other users). In addition, the content you deleted may be visible if you share it with other people and they have not deleted it. We do not control others who may have received your shared content.
Permission to use your name, profile photo, and information about your actions in connection with advertising and sponsorship content. You give us permission to use your name, profile photo, and information about your actions on the Greatest Desires close to or in connection with advertisements, offers or other sponsored content that we show on the Greatest Desires, without paying you any rewards. For example, we may show your friends that you are interested in an advertised event or have left a “Like” Page created by a brand that paid us for displaying its advertising on Greatest Desires. Only people whom you’ve allowed to see your actions on the Greatest can see such an advertisement.
Desires. You can learn more about your advertising settings and advertising preferences.
Permission to update the software you are using or downloading. If you download or use our software, you allow us to download and install updates, new versions and additional functions for its improvement, improvement and further development.
5.4. Restrictions on the use of our intellectual property
If you use content that is subject to the intellectual property rights held by us and provided by us at the Greatest Desires (for example, when creating or publishing content on the Greatest Desires you can add to it the images we provide, design, video or sounds), we reserve all rights to such content (but not to your content). You may use our copyright and trademarks (or any similar marks) only in cases where this is permitted, or with our prior written permission. You must obtain our written permission (or permission under an open license) before you modify, create derivative works, decompile, or otherwise try to obtain the source code from us.
6. Forbidden Use.
Without limiting the generality of the foregoing and notwithstanding anything to the contrary, in connection with the Products and/or the Services you are expressly forbidden to:
execute, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Products and/or the Services.
combine, link, bind, build in, etc. the Products and/or the Services into your own software, products, services, etc. which you offer to any third parties (e.g. your partners, customers, affiliates, agents, clients, contractor, and so on) without our prior written individual permission granted by authorized top-level executive officer of InterService International (CEO, COO, CFO).
license, sub-license, create derivative works from, sell, resell, assign, rent, lease, transfer the Products, the Services, any information, content, data, etc. received from InterService International, act as the Products and/or the Services agent or bureau, or grant any rights (e.g. right to access under your name) regarding the Products and/or the Services to any other person or entity.
violate any applicable law or regulation (illegal purposes, illegal use).
use the Products and/or the Services to make available, promote, participate in, plug in, popularize, advertise, market, etc. any offer, application, website, video, material, data, content or information that contain (or may be interpreted to contain) sexism, discrimination, child abuse, minor rights violations, terrorism financing, money laundering, crimes, human trafficking, etc. or infringes any copyright, trademark, patent, trade secret, or another right of any party (including rights of privacy or publicity).
create, collect, process, transmit or store information/data that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Products and/or the Services or interferes/violates privacy (including, but not limited to phishing, pharming or theft of any person’s identity, whether a real identity or online nickname or alias); (iii) performs any commercial communication not permitted by applicable law (e.g. spam); (iv) constitutes harassment or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or court order.
use the Products and/or the Services for fraudulent activity.
use any persons, means, devices or arrangements to commit fraud, violate any applicable law, regulation, falsify information in connection with the Products and/or the Services or exceed permitted access to the Products and/or the Services.
remove any proprietary notices from the Products and/or the Services.
make any false, misleading, harmful, or deceptive statement or representation regarding InterService International, the Products and/or the Services;
use the Products and/or the Services in any way not expressly permitted in this ToU or individual agreement/permission between you and InterService International;
use the Products and/or the Services to falsify information in connection with the generation of payments.
use the Products and/or the Services as a commodity for any commercial purpose.
use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions, software that is designed to provide a means of surreptitious or unauthorized access to distort, delete, damage or disassemble the Products and/or the Services, or other users information, or for sake of fraudulent activity, or for any other purpose.
obtain or attempt to obtain any information of other account holders (users) as well as any other their data.
intercept, examine or otherwise observe any proprietary communications protocol used by the Products and/or the Services, whether through the use of a network analyzer, packet sniffer or other device that allows to receive such information
Without limiting the generality of the foregoing and notwithstanding anything to the contrary, you warrant that you will not: (a) establish, assist, or get involved in any type of attack/offense upon the Products and/or the Services (e.g. which in any way attempts to disrupt the Products and/or the Services, any other person’s use of the Products and/or the Services or integrity of security and protection mechanisms of the Products and/or the Services); or (b) attempt to, gain or help other persons/organizations to gain unauthorized access to the Products, the Services, information provided by other users, our partners and affiliates, the computer systems or networks connected to the Products and/or the Services, or processing systems for payment, data, etc.
7. Internal Investigation.
In order to ensure the Products and/or the Services are not dragged into some illegal or other forbidden activity, we may conduct internal investigation regarding any suspicious activity of the User which on our reasonable belief is in breach of this ToU and or any applicable law, regulation, etc. After the investigation been conducted we will act in accordance with the received results of such investigation (e.g. renew your access to the Products and/or the Services; terminate your access to the Products and/or the Services permanently; provide information regarding illegal activity to the applicable law enforcement; etc.).
In case we need some additional data from you (e.g. in order to determine was there any kind of violation of the ToU) we will provide you with an inquiry for such additional data within 5 business days after investigation started.
You shall have 5 business days after you received our inquiry to provide us with the additional data we asked for.
In case you haven't provided necessary additional data, we shall interpret controversial facts (if any) in order to protect ourself (e.g. you haven't provided requested data to confirm there were no violation of applicable law – we shall interpret your failure in a way that there is sufficient reason to conclude that violation had occurred).
8. Stop of Use. Termination of Use.
You can stop to use the Products and/or the Services whenever your want.You can terminate your account (agreement between us) and your use of the Products and/or the Services whenever your want by deleting your account. Be aware that we delete your account and all the data of terminated account withing approximately twenty-four (24) hours in business (banking) days (time zone UTC +2) starting from the date of your notification of termination.
We can stop your access and/or use of the Products and/or the Services at any time at our absolute sole discretion without prior notice to you. Without limiting the generality of the foregoing and notwithstanding anything to the contrary, we will stop (pause) your access/use of the Products and/or the Services if we received information or reasonably concluded that you’ve been using the Products and/or the Services with violation of this ToU (and the documents incorporated herein by reference), any applicable law or regulation. As well, we may stop (pause) your access/use of the Products and/or the Services for the time necessary for maintenance of the Products and/or the Services (either regular or extraordinary/unpredicted).
We can terminate agreement between us and your use of the Products and/or the Services at any time at our absolute sole discretion without prior notice to you. Without limiting the generality of the foregoing and notwithstanding anything to the contrary we shall terminate your access/use of the Products and/or the Services if (i) we’ve reached a reasonable conclusion that you violated this this ToU (and the documents incorporated herein by reference), any applicable law or regulation, (ii) your country is under an applicable economic, political or other sanctions which forbid us to work (provide products, services, support, receive payments, etc.) with the residents of such countries, (iii) we’ve decided to stop offering and leasing the relevant Products and/or Services, (iv) your account have been inactive for six (6) month and more. We may terminate for any other reason as provided by applicable law, regulation or agreement between us.
Termination is effective immediately upon notice to you, unless expressly pointed otherwise in the relevant notice.
Disclaimer: the Products and/or the Services are offered with your acknowledgement and understanding that InterService International may terminate any user’s account and access to the Products and/or the Services at any time, for any reason or no reason, including without limitation for any violation of this ToU (and the documents incorporated herein by reference) or Data Usage Policy, fraud or illegal activity, after receiving claims from other users or authorities, after discovering information indicating misuse, etc.
If you delete or we disable your account, this ToU will terminate as an agreement between you and us, but the following provisions remain in force as for your use and consequences of such use.
9. Intellectual Property Rights. DMCA.
The Products, the Services, our logo, original content, source code, solutions, design, etc. are the exclusive intellectual property of InterService International. Unauthorized use of any InterService International’s intellectual property shall constitute a violation of international legislation, federal and state laws.
The Products, the Services and the content made available through the Products and/or the Services are protected by the U.S. and international copyright laws. You may not use, modify, reproduce or distribute any of the content, or the design or layout of the Products and/or the Services, or individual sections of the content, design or layout of the Products without InterService International’s express prior written permission.
You acknowledge and agree that when any ideas or proposals regarding changes or improvements of the Products and/or the Services submitted to InterService International (no matter how: orally, through email, personal account, by comment on the Platform etc.) you free of charge give to InterService International an irrevocable, perpetual, royalty-free, transferable, worldwide, sub-licensable license for use (including commercial use of any kind) of such intellectual property.
Whenever uploading any content or data to the Products you represent and warrant that you have all the necessary rights (including copyright) to share relevant content or data in the mentioned way.
In case you believe that your intellectual property right been infringed in connection with the Products and/or the Services (or any part thereof), or by people who use the Products and/or the Services, please forward the following information to the mail:email@example.com/
Please, specify in your letter the following: identify yourself (name, address, email); specify the object of intellectual property you believe been violated and its location; describe the character of violation; put a statement that provided information is correct (under the possibility of penalty for perjury) and that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
10. Third Party’s Solutions and Services.
The Products may contain, use, or be connected with Third Party’s solutions, such as chat bots, proxy servers, hosting servers, and other instruments, which help us to provide you with the Services (“Third Party’s solutions”). We may use subcontractors, advertising agencies, networks, outsource staffing, outsourcing, etc. for some of our business operations (“Third Party’s services”). You acknowledge that the accessibility of the Products and/or the Services may depend on Third Party’s solutions and/or Third Party’s services.
This ToU DOES NOT apply to any of such Third Party’s solutions and Third Party’s services.
As a general rule, you will not intersect with such Third Party’s solutions and Third Party’s services directly, as they are part of the way the Products work (so, there are no additional actions required from you).
Our use of the Third Party’s solutions and Third Party’s services does not mean we advise in any way for you to use such Third Party’s solutions and/or Third Party’s services or agree to their terms and conditions (terms of service).
11. Third Parties.
If any Third Parties receive the Services, interact with the Products, or benefit from the Products and/or the Services using your account or as a result of your actions (inactions), you are fully responsible for such Third Parties and any of their actions regarding the Products and the Services, as well as for all the consequences of such Third Parties actions (inactions).
12. Links Policy.
The Products may contain links to websites, applications, software, networks, etc. (“media properties”) operated by other parties. InterService International provides these links to the media properties as a convenience, and use of these media properties is at your own risk. The linked media properties are not under the control of InterService International, and InterService International is not responsible for the content available on the media properties. Such links do not imply InterService International’s endorsement of information or material on any other media properties and InterService International disclaims all liability with regard to your access to and use of such linked media properties.
In case you desire to put link to the Products and/or the Services on your own (or any third party’s) media properties, you must adhere to InterService International’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with InterService International’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with InterService International, (iii) when selected by a user, the link must display the Products and/or the Services on full-screen and not within a “frame” on the linking Products, and (iv) InterService International reserves the right to revoke its consent to the link at any time and in its sole discretion.
13. Policy Regarding Children.
If you are under 13 (or other minimum allowed by law age in the respectful jurisdiction), please do not submit any personally identifiable information to InterService International. We state that the Products and the Services are not designed for children and any person under 13 years (or other minimum allowed by law age in the respectful jurisdiction) and we have no intent them to access and use the Products and the Services. We do not knowingly collect information regarding such users or let them register, access or use the Products and the Services.
If at any point we’ll find out that you are not of the required age or provided false information during your reigistration we shall delete your account within 72 hours, unless your parent(s), guardian or legal representative will provide us with consent for your registration and our usage of your Information as pointed herein and in the Data Usage Policy.
14. DISCLAIMER OF WARRANTIES.
THE PRODUCTS, THE API AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR ACCESS AND/OR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING OUR OF COURSE OF DEALING, USAGE OF TRADE. InterService International MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF THE PRODUCTS, THE API AND THE SERVICES. InterService International DOES NOT WARRANT THAT THE PRODUCTS, THE API AND THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. InterService International EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF ITS USERS OR THEIR SOFTWARE, SERVICE, COURSE OF DEALING, BUSINESS STRATEGY, CUSTOMER POLICIES, ETC.
YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE PRODUCTS, THE API AND THE SERVICES IS AT YOUR SOLE ABSOLUTE RISK. InterService International DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRODUCTS, THE API AND THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE PRODUCTS, THE API AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PRODUCTS, THE API AND THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THAT THE PRODUCTS, THE API AND THE SERVICES ARE ACCURATE OR RELIABLE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW SUCH KIND OF DISCLAIMER, THE FOREGOING MAY NOT APPLY TO YOU.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL InterService International, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE PRODUCTS, THE API AND THE SERVICES, THE WEBSITE, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF InterService International. IN NO EVENT WILL RELATED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR CONNECTED TO THE PRODUCTS, THE API, THE WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. THIS LIMITATIONS OF LIABILITY APPLY: (I) TO LIABILITY FOR NEGLIGENCE; (II) REGARDLESS OF THE FROM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (III) EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT InterService International HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH DAMAGES; AND (IV) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. RELATED PARTIES CUMULATIVE LIABILITY TO YOU OR ANY OF YOUR AFFILIATES OR THIRD PARTIES, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED ONE (1) USD.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILIT FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF InterService International, ITS RELATED PARTY’S AND AFFILIATES SHALL BE LIMITED TO THE LOWES EXTENT PERMITTED BY LAW.
16. Indemnification Provisions.
You agree and covenant to indemnify, defend and hold InterService International and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Products and/or the Services or any breach by you of this ToU (and the documents incorporated herein by reference) or any other agreements, rules or policies that InterService International may issue for the Products and/or the Services from time to time.
You agree and covenant to indemnify, defend and hold InterService International and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your affiliates, contractors, executives, partners, customers, User’s partners, etc. actions (inactions) regarding the Products and/or the Services or any breach by your affiliates, contractors, executives, partners, customers, User’s partners, etc. of this ToU (and the documents incorporated herein by reference) or any other agreements, rules or policies that InterService International may issue for the Products and/or the Services from time to time.
17. Governing Law; Jurisdiction.
This ToU is governed by and construed under the laws of the State of Illinois, USA, without regard to conflict of law principles. All disputes arising out of or related to your use of the Products and/or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located within Illinois and you agree to submit to the personal jurisdiction and venue of such courts.
You agree that the you may bring (participate in, take part, organize, etc.) claims against us only in an individual capacity and not in a class action or representative proceeding. All claims, suits, etc. under this ToU (and the documents incorporated herein by reference) shall be conducted on an individual (and not a class-wide) basis and a court shall have no authority to award class-wide relief. You acknowledge and agree that this ToU specifically prohibits you from commencing court proceedings as a representative of others or joining in any court proceedings brought by any other person (entity).
The provisions and use of the United Nations Convention on Contracts for the International Sale of Goods to relations arising out of this ToU or relating to the Products and/or the Services is expressly excluded.
18. Mutual settlement procedure.
You and InterService International agree that parties will try to resolve all disputes, controversies and claims related to this ToU or relating to the Products and/or the Services by mutual settlement procedure, which may be initiated by either party by sending a written notice requesting settlement procedure to the other party.
Parties will have 60 calendar days to solve all controversies through negotiations and mutual settlement. In case they fail to do so, a dispute shall be brought to the relevant court as determined in article 19 above.
19. Data and Privacy.
We respect your right to privacy. We are committed to ensure processing of your personal data as required by the relevant data protection laws.
By accessing and/or using the Products or the Services, you represent and covenant that you have read and consented to our Data Usage Policy in addition to this ToU. InterService International may revise the Data Usage Policy at any time, and the new versions will be available on the Website/Products. If at any point you do not agree to a whole or any part of the Data Usage Policy, you must immediately stop using the Products and/or the Services. By continuing accessing and/or using the Products and/or the Services you explicitly demonstrate your consent to the Data Usage Policy and this ToU.
Please, be aware that we may disclose your identity and necessary information about you to our legal advisors, law enforcement agencies, whenever we are obliged to do so by court order or data protection authority, and in other cases permitted by law (e.g. when such disclosure is required to protect our rights under this ToU in case of your violations).
For more information about our data protection and data processing procedures see the Data Usage Policy.
We may contact you through several channels of communication at our sole discretion to submit necessary information we deem important and relevant (“notice”).
Any notice required to be delivered hereunder will be deemed delivered immediately if sent electronically.
For purposes of this ToU (and the documents incorporated herein by reference), “Confidential Information” means any non-public information, material, or item made available to User by the InterService International, or which comes to his attention that relates to InterService International or User’s use of the Products and/or the Services or other contractual relationship with the InterService International. Confidential Information includes but is not limited to all the following as it relates to InterService International: (a) products, plans, methods, techniques, know-how, designs, patterns, compilations, inventions, processes, procedures, improvements, discoveries, inventions, data, schematics, flow charts, mechanisms, research, development, engineering, code or method of manufacture; (b) pricing, sales data, users, trade secrets, intellectual property, marketing plans and spending, operational information, or other data relating to the current and future business and operations of InterService International; (c) analyses, compilations, studies, summaries, extracts or other groups of data created that User may be exposed to, relating to InterService International, and (d) materials, technical data, personal data, documentations, employees, contractors, contacts and other information concerning the operation, business, projects, market goals, financial affairs, products, services, customers and other information which concerns technical or financial details of InterService International.
User agrees to maintain all Confidential Information in strict confidence, and will not use Confidential Information except as necessary to use the Products. User will not print, copy, adapt, modify, or store Confidential Information other than as necessary to use the Products. User shall limit Confidential Information disclosure only to his employees (if any) who signed relevant NDA which will survive termination of relations between User and his employees of at least three (3) years. You agree that no Confidential Information shall be disclosed to any third party, affiliate, subsidiary, sub-affiliate, agent, or any other person/entity without the prior written consent of InterService International. Such written consent from the InterService International’s side should be signed by the authorized top-executive (CEO, COO, CFO).
Disclosure of Confidential Information is not precluded if such disclosure is: (a) in response to a valid order of a court or other governmental body or any political subdivision thereof; but User must first give InterService International (or a InterService International Affiliate if applicable) a reasonable period of not less than 30 days, if permissible under such order, to obtain an order requiring that Confidential Information not be disclosed or be used only for the purposes for which the order was issued; (b) otherwise required by law.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and InterService International as a result of this ToU, your use of the Website and/or your use of (access to) the Products and/or the Services.
InterService International may assign the rights, title, interest and obligations based on this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the rights, title, interest and obligations based on this ToU without InterService International’S prior written consent, and any unauthorized assignment by you shall be null and void. Such written consent from the InterService International’s side should be signed by the authorized top-executive (CEO, COO, CFO).
If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect. If the severed provisions are crucial to the subject matter of this ToU, such provision shall be automatically changed as closely as possible to reflect the original idea of this ToU to the extent permitted by law.
Our failure to enforce any provision of this ToU or affiliated agreements shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. The express waiver from the InterService International’s side should be signed by the authorized top-executive (CEO, COO, CFO).
You hereby agree that InterService International shall be entitled to appropriate equitable remedies with respect to your breaches of this ToU, as well as to other remedies otherwise available to us under applicable laws.
Some provided materials regarding the Products and/or the Services may be outdated and InterService International makes no commitment to update such materials. As well, you should acknowledge that some of the Products and/or the Services mentioned on the Website and/or in our materials may not be available in your country and such references constitute no obligations (even if implied) of InterService International to make available such Products and/or Services in your country. You should consult InterService International regarding the availability of particular Products and/or Services in your country before subscribing or submitting to use the Products and/or the Services.
This ToU, including the documents expressly incorporated herein by reference, constitutes the entire agreement between you and us with respect to the Products and/or the Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Products and/or the Services.
Some provisions can be incorporated further by signing written documents regarding the exact ways of your use of the Products and/or the Services, and specific portions or features of the Products and/or the Services. If there is written Agreement between InterService International, Inc. and you concerning the subject matter herein, this written agreement shall have priority over documents on the Website, unless pointed differently in the relevant written agreement. Such written agreement from the InterService International’s side should be signed by the authorized top-executive (CEO, COO, CFO). All the documents not replaced by the written agreement remain valid and apply to the relations between InterService International and you.
InterService International shall not be liable for any failure, delay or interruption in work of its Products, provision of relevant services, providing results or documents, performing any term or condition as stated herein, due to cause(s) entirely beyond the control of InterService International (“force majeure event”). If force majeure event arises, we shall inform of such an event on the website or any other applicable way at our sole discretion as soon as commercially reasonably possible.
Sections regarding Indemnification Provisions, Disclaimer of Warranties, Limitation of Liability, Permitted Use, Forbidden Use, Governing Law; Jurisdiction, Intellectual Property Rights. DMCA, Miscellaneous, Communications, Data and Privacy, Mutual settlement procedure, Links Policy, Third Party’s Solutions and Services, Internal Investigation, Confidentiality will survive termination or expiration of these ToU. In addition, each party will promptly return or destroy the other party’s Confidential Information upon written request and remove any materials and data from its system (e.g. computes of its employees, servers, etc.).
Section or paragraph headings used in these ToU are for reference purposes only, and should not be used in the interpretation hereof.
23. Contact us.
If you haven’t found information on the subject matter, you think should be included into agreement with us, or want to offer improvement, or you have other questions regarding the Products and/or the Services, please contact us via email:firstname.lastname@example.org/.
Please, be aware, that when you contact us, you provide us with certain amount of your personal data (e.g. email address, name, etc.) and such data shall be subject to the Data Usage Policy.