Acceptance of the Terms of Use
Inventive Market, Inc. (“Company”, “we” or “us”) connects companies or individuals who intend to monetize their IP assets (each, “IP Provider”) with companies or individuals who are interested in acquiring IP assets (each, “IP Acquirer”) to facilitate IP transactions.
These terms of use are entered into by and among you (“user”, “you” or “yours”) and Company. The following terms and conditions (the "Terms of Use") govern your access to and use of our website, located at https://www.inventivemarket.com/ (the “Website”), and any content, functionality, and services offered on or through the Website (together, the “Services”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.inventivemarket.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
These terms of use are entered into by and among you (“user”, “you” or “yours”) and Company. The following terms and conditions (the "Terms of Use") govern your access to and use of our website, located at https://www.inventivemarket.com/ (the “Website”), and any content, functionality, and services offered on or through the Website (together, the “Services”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services.By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.inventivemarket.com/privacy-policy, incorporated herein by reference.If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
- Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
- License
Subject to your compliance with the Terms of Use, Company hereby grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for the purpose of making initial contact and conducting IP transactions and all related activities
- Listings
An IP Provider is solely responsible for any listing or other material it places on the site. We do not verify such material and it is an IP acquirer’s sole responsibility to conduct appropriate due diligence in deciding whether to proceed with any negotiations with an IP provider in respect of such IP. We do not provide any advice in relation to such IP. Any contract regarding the IP will be negotiated directly between the IP acquirer and IP provider and our role is limited to enabling users to make initial contact and process payments related to the transactions entered into by both parties. As such we disclaim all liability and responsibility arising from any such contract or any interactions or disputes between IP acquirer and IP provider or any actions or inaction of IP acquirer or IP provider.
YOU ACKNOWLEDGE THAT THE SERVICES ARE INTENDED FOR COMMERCIAL USE. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. In order to access and retain Your electronic records, You may be required to have certain hardware and software, which are Your sole responsibility
- Reliance on Information
The materials, information or advice presented on or through the Website or the Services is made available solely for general information and educational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such materials, information or advice is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials, information or advice by you or any other visitor to the Services, or by anyone who may be informed of any of such information or advice.
This Services may include content provided by third parties, including materials and data provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all data provided by third parties, including market data, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials and data. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials and data provided by any third parties.
- Accessing the Services and Account Security
We strive to keep the Services available on a continuous basis. You acknowledge that the Services may be occasionally unavailable due to such periodic maintenance or to other unexpected interruptions. We are not responsible for inaccessibility during these downtimes.
We reserve the right to withdraw or amend this Services, and any service or material we provide on the Services, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Services.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
We make no warranty whatsoever to you regarding the security of the Services, the Website or the Applications.
- Intellectual Property RightsThe Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from our Services provided that you properly cite our Website as the source.
You must not:- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or our Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other law - Fees and Charges
You agree to pay the subscription fees and any other charges associated with your account, including any applicable taxes, at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing, all fees and charges are nonrefundable. We will provide advance notice in case of any changes in fees or additional charges.
- Trademarks
The Company name and all related names, trademarks, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.
- Prohibited Uses
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.
You may not copy the Website, the Applications or Services or cause any of them to be copied;
You may not reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Applications or the Services;
You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or any server, or to any of the services offered on or through the Services.
You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to our Services, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Company’s systems or networks, or any systems or networks connected to the Services.
You agree not to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Services or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Company or others.
- User Contributions
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, or terminate or suspend your access to all or part of the Service.
- Update
We may update the content of the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
- Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party services linked to this Services, you do so entirely at your own risk and subject to third-party’s terms and conditions of use for such services.
- Compliance
You shall comply with all applicable international, local laws of the country you are residing, and federal, state, and local laws, rules, or regulations, when using the Website and the Services.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website or Applications for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE WEBSITE, THE SERVICES, ITS CONTENT, AND YOUR ACQUISITION OF ANY IP PROVIDER’S IP IS AT YOUR OWN RISK. THE WEBSITE, THE SERVICES, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY CONTENT ON THE SERVICES, OR THE CONTENT OR IP SUPPLIED BY THIRD PARTIES (INCLUDING IP PROVIDERS), OR CONTRACTS ENTERED INTO BETWEEN IP PROVIDERS AND IP ACQUIRERS, OR USE OF OR RELIANCE ON ANY MATERIAL DISPLAYED ON OUR SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services or the content posted by an IP Provider or IP transactions between an IP Provider and an IP Acquirer.
- Arbitration; Venue.
Any controversy or claim (“Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Jersey City, NJ. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. the state and federal courts in Hudson County, New Jersey shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. Company reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the state and federal courts in Hudson County, New Jersey.
- Governing Law
You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the State of New Jersey without regard to its conflicts of laws provisions.
- Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
- Entire Agreement
The Terms of Use, our Privacy Policy, and any order form constitute the sole and entire agreement between you and Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
- Assignment
Neither these Terms of Use nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Company and any attempt to do so will be null and void. Company may assign or transfer these Terms of Use at any time without your permission.
- Contact
If You have any questions or complaints concerning any of the Terms of Use, you may contact us by e-mail at info@inventivemarket.com or by regular mail at:
