Terms of Use

 

TERMS OF USE

Last updated: May 15, 2013

The following describes the terms applicable to the use of the kinno.eu website (the “Site”). Your use of the Site forms a legally binding contract with KiNNO Consultants Ltd.  (“KiNNO” or “us”) based on these Terms of Use. PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use the Site. KiNNO may revise these Terms of Use at any time by posting an updated version to this Web page.

1. The Site. By using this Site, you acknowledge that KiNNO does not control in any manner the nature, quality, legality.

2. Eligibility. The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the Greece or its citizens, you may not use this Site.

3. Your Information. You may have the opportunity to communicate with other users. Any information you provide to KiNNO or other users during your registration or use of the Services, in any public message area, through any mail feature, or otherwise generated out of your use of the Services, is subject to the following:

a. Your Content. You are solely responsible for the content of your information. KiNNO reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if KiNNO believes information is inappropriate for the Site or the Services, may create liability for KiNNO, or may cause KiNNO to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. You agree that your information will be accurate and will not, to the best of your knowledge: (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing. You may be asked to make legally binding warranties and representations to KiNNO and the Seeker in relation to a Proposed Solution that you submit.

b. Privacy. KiNNO will only use your information in accordance with its Privacy Policy as posted on the Site http://www.KiNNO.com/privacy.php

 

9. Compliance with Rules. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the Services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and KiNNO expressly disclaims any liability or responsibility thereto.

 

10. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". KINNO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.

 

11. Limitation of Liability and Disclaimer. KiNNO has no control over, and is not responsible for the acts or omissions of Seekers, or the quality or legality of the Proposed Solutions sought thereby. KiNNO does not warrant or guarantee the accuracy or completeness of any KiNNO Challenge Statement, nor endorse any Seeker.

 

KINNO SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL KINNO BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at KiNNO’s request defend KiNNO from, third party claims arising out of information you provide to KiNNO for publication or any breach by you of this agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.

12. Harmful Substances. PLEASE NOTE THAT UNDERTAKING WORK RELATED TO KINNO CHALLENGE STATEMENTS POSTED ON THE SERVICE MAY REQUIRE THE USE OR SYNTHESIS OF BIOLOGICS OR CHEMICALS THAT COULD BE BACTERIALLY MUTAGENIC, TOXIC, CARCINOGENIC OR OTHERWISE HARMFUL TO YOU AND ANYONE ELSE THAT IS EXPOSED TO THEM, AND YOU UNDERTAKE THE CREATION OF SUCH PROPOSED SOLUTIONS AT YOUR OWN RISK.

13. Other Contracts, Confidentiality, and Indemnification. You agree that you will not disclose to KiNNO or its affiliates, or to any Seeker, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or the Seeker related to any KiNNO Challenge, unless you are specifically working within the confines of a Project Room through the Site. All information in Project Rooms shall be deemed “confidential information” for purposes of this Section 13. Should your participation in the Service be found to breach legal obligations you may have with other third parties or in the event of a breach of the confidentiality obligations in this Section 13, you agree to defend, indemnify and hold harmless KiNNO and Seeker, its and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with such unauthorized and prohibited disclosure.

14. Third-Party Web Site Links. The Site may contain links to Web sites operated by parties other than KiNNO. Such links are provided for reference only and KiNNO does not control such Web sites and is not responsible for their contents. KiNNO's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

15. No Third Party Reliance. You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of KiNNO. This agreement shall have no third party beneficiaries, other than certain Seekers in accordance with the terms of the applicable Solver Agreement or Challenge-Specific Agreement.

16. Copyright. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KiNNO or its Seekers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of KiNNO and protected by U.S. and international copyright laws. All software used on this site is the property of KiNNO or its software suppliers and protected by United States and international copyright laws.

17. Miscellaneous. This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Massachusetts, United States of America (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur in Boston, Massachusetts. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between KiNNO and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by KiNNO with respect to the subject matter except as set forth herein. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law. The governing language of these Terms of Use, each Solver Agreement or Challenge-Specific Agreement, and the Privacy Policy is English.

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