Last update: May 13, 2019. Replaces all previous versions.
These General Conditions of Use (” General Conditions “) and the Terms of Subscription and Cancellation (collectively, ” Conditions “) govern the use of our website and the customer support service (collectively, “Services” ) and the software that we include as part of the Services, as well as the applications, Sample files and Content files (defined later), scripts, source code, instruction sets and related documentation (collectively, “Software”). If you have signed another contract with us about specific Services or Software, in that case the conditions of that contract will prevail when there is a conflict with the Conditions. As explained in detail in section 4 below, you retain all rights and ownership of your Content (defined below)..
1. Your Contract with Inventiva Creative Studio™.
1.1 Determination of the applicable legislation and contracting entity. If you reside in Latin America (including the United States, Canada and Mexico), your relationship is with Inventiva Global ™, and the Conditions are governed by the laws of each country respectively.
For customers in the UK and Australia, their relationship is with Inventiva Creative Studio™ and the Terms are governed by the laws of Australia. You may have additional rights under the law. We do not intend to limit these rights when the law prohibits doing so.
2.2 Our access to your content . Where permitted by current legislation, we will only access your Content (defined in section 4.1 below), we will see or hear it in a limited way. For example, in order to carry out the Services and Software, we may need to access your Content, see it or listen to it to (a) respond to requests for assistance; (b) detect, avoid or deal with fraud, illegality or technical problems; and (c) enforce these Conditions. Our automated systems can analyze your Content using techniques such as machine learning. This analysis can occur when the content is sent, received or stored. Through this analysis, we can improve the Services and Software.
3. Use of the Services and the Software.
3.1 License . Subject to your compliance with these Conditions and current legislation, you can access the Services and Software and use them.
3.2 Intellectual property of Inventiva Creative Studio ™. We remain the exclusive owners of all rights, titles and interests of the Services and Software. Except as specified in the Terms, we do not grant you any rights over patents, copyrights, trade secrets, trademarks or other rights relating to the elements of the Services. We reserve all rights not granted through these Conditions.
3.3 Storage. When the Services and Software provide storage, we recommend that you also periodically back up your Content and save it elsewhere. We can set reasonable technical limits on file size, storage space and processing capacity, as well as other technical limits. We may suspend the Services until you are within the storage space limits associated with your account. At the end of the term of your license, we will use commercially reasonable efforts to allow you to take your Content out of the Services. The transition must be completed within 30 days from the date of termination or expiration of the validity period of your license. At the end of this 30-day transition period,
3.4 Content generated by users . We can host content generated by our users. If you access our Services and Software, you may encounter content generated by users that you find offensive or annoying. The only solution in this regard is to stop viewing the content. If available, you can also click on the “Contact Us” button to account for offensive content generated by users.
3.5 Sample files . “Sample Files” means files provided by Inventiva Creative Studio™, such as content images, clip art, stock images or sounds, for use in tutorials, demonstrations and for other testing purposes, which may be identified as sample files. Sample Files can not be used for any purpose other than the one for which they were provided. You can not distribute Sample Files independently (that is, in circumstances where the Sample Files constitute the main value of the distributed product) and you can not claim any rights over the Sample Files.
3.6 Content files. “Content files” means assets of Inventiva Creative Studio™ provided as part of the Services and Software. Unless the specific documentation or licenses indicate otherwise, we grant you a personal, non-exclusive, non-sublicensable, non-transferable license to use the Content Files to create your end-use (that is, the application or the derivative product created by you) in which the Content Files or their derivatives are embedded for their use (“Final Use”). You can modify the Content Files before embedding them in the Final Use. You may reproduce and distribute Content files only in relation to their end use; however, under no circumstances may you distribute the Content Files independently, outside of the Final Use.
3.7 Personal Backups. With the exception of Our Dedicated Servers and Cloud Storage products, the customer agrees to make use of our Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.
Oue Hosting services are not intended to be used for data backup or long term archiving purposes. For example, you are not allowed to import or store personal mail archives. Forwarding all emails from another fully-hosted email address for archival purposes is no longer allowed. Further, mail accounts cannot be used for file storage, such as for security cameras, storage of emails used to transfer files, etc.
3.8 We reserve the right to delete your mail archives if they violate our storage policies and/or compromise the integrity or performance of the network negatively impacting other customers.
3.9 Charges for additional storage. We reserve the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated storage capacity of 20GB per hosting account, you can purchase an additional 20GB for AUD$50 per year. This is being offered at a 50% discount of the RRP.
4. Content and intellectual property.
4.1 Content. “Content” means any material, such as audio files, video files, electronic documents or images, that you upload and import into the Services in connection with your use of the Services and Software.
4.2 Ownership. You retain all rights and ownership of your Content. We do not claim any ownership of your Content. This is content exclusively created by you or provided to our team by you.
4.3 Intellectual Property. Any content created by our business, unless otherwise specified, remains at all times the intellectual property of Inventiva Creative Studio. This includes digital advertising materials such as Facebook Ads and Google Ads campaigns, ad groups and ads.
4.4 Unauthorised recording of our methods and processes. This pertains to the use of software or other tools to record our internal processes and/or methodology of work without our permission. This includes the use of screen recording software, activity loggers and similar applications.
4.5 Licenses of your Content in order to operate the Services and the Software. We need you to grant us certain licenses with respect to your Content in order to operate and enable the Services and Software. By uploading Content to the Services and Software, you grant us a non-exclusive, worldwide, royalty-free, sub-licenseable and transferable license to use, reproduce, publicly display, distribute, modify (for the purpose of better displaying your Content, for example ), publicly display and translate the Content as necessary to respond to actions undertaken by users (for example, when you choose to privately store your Content or share it with others). This license has the sole purpose of operating or improving the Services and Software.
4.5 Sharing of your Content.
(a) Shared use . Some Services and Software may include features that allow you to Share your Content with other users or make it public. “Share ” means to send by email or postal mail, transmit, upload or otherwise facilitate (either to us or to other users) by your use of the Services and Software. Other users may use, copy, modify or re-share your Content in many ways. Carefully consider what you decide to Share or make public, since you are solely responsible for the Content you share.
(b) Access level . We do not monitor or control what others do with your Content. You are responsible for determining the limitations applied to your Content and for applying the appropriate level of access to your Content. If you do not choose the appropriate level of access to Your Content, the system will select the most permissive setting by default. It is your responsibility to inform other users how your Content may be shared and adjust settings regarding access or sharing of your content.
(c) Comments. The Services and Software may allow you to comment on the Content. Comments are not anonymous and may be viewed by other users. Your comments may be deleted by you, other users or us.
4.6 Termination of the license . You may revoke this license about your Content and terminate our rights at any time by removing your Content from the Service. However, some copies of your Content may be retained as part of our routine backups.
4.7 Comments . You have no obligation to provide us with ideas, suggestions, documentation and / or proposals (“Comments”). However, if you send us Comments, you grant us in this case a non-exclusive, worldwide, royalty-free, sub-licenseable and transferable license to make, use, sell, request to be made, offer for sale, import, reproduce publicly display, distribute, modify and publicly expose the Comments.
4.8 Sale of your Content . We may allow you to license your Content to other users through our Services, after agreeing this under separate conditions.
5. Account information.
You are responsible for all activity that occurs through your account. Report immediately to Customer Support if you become aware of any unauthorized use of your account. You can not (a) Share your account information (except with an authorized account manager) or (b) use someone else’s account. Your account manager can use your account information to manage your use and access to the Services and Software.
6. Conduct of the users.
6.1 Responsible use. Inventiva Creative Studio™ communities are often formed by users who expect a certain level of courtesy and professionalism. You must use the Services and Software in a responsible manner.
6.2 Improper use . You must not misuse the Services and Software. For example, you should not:
(a) copy, modify, host, broadcast by streaming, sublicense or resell the Services and Software;
(b) allow or enable others to use the Services and Softwar using your account information;
(c) use the Software to build any type of database;
(d) access or attempt to access the Services and Software by any means other than the interface that we provide or authorize;
(e) circumvent any restriction of access or use applied to avoid certain uses of the Services and Software;
(f) share Content or engage in conduct that infringes the intellectual property rights of anyone (“Intellectual property rights” means copyright, moral rights, trademark, commercial image, patent, trade secret, unfair competition, right to privacy , right of publicity and any other property right);
(g) Upload or share any Content that is illegal, harmful, threatening, abusive, harmful to third parties, defamatory, libelous, vulgar, lewd, profane, hateful or invades the privacy of a third party;
(h) pretending to be another natural or legal person, making false statements or otherwise faking affiliation with a natural or legal person;
(i) attempt to deactivate, deteriorate or destroy the Services and Software;
(j) upload, transmit, store or make available any Content or code that contains any virus, malicious code, malware or any component designed to damage or limit the functionality of the Services and Software;
(k) interrupt, interfere or inhibit for any other user the use of the Services and Software (such as stalking, intimidating, harassing others, inciting others to commit violent acts or harming minors in any way);
(l) devote to making chain letters, junk mail, pyramid schemes, identity theft, spamming or sending other unsolicited messages;
(m) place an advertisement for any product or service in the Services and Software, except with our prior written consent;
(n) use data analysis or similar data collection and extraction methods in relation to the Services and Software; or
(o) violate applicable law (including, without limitation, when applicable, the COPPA (Children’s Online Privacy Protection Act).
(p) share access to our systems to any of our competitors.
6.3 Termination due to improper use – We reserve the right to terminate your account without any prior notice if you violate any of these clauses.
7. Charges and Payment.
7.1 Taxes and charges from third parties . You must pay the applicable taxes and any applicable third-party charges (including, for example, the costs of telephone calls, the rates of the mobile telephone operators, the rates of the Internet service providers, the data plan rates, credit card commissions, commissions for currency exchange and commissions for transactions abroad). We are not responsible for these expenses. Contact your financial institution for any questions about expenses. We can take measures to collect the amounts you owe us. You are responsible for all expenses related to the collection. If you are in a different country from the Inventiva Creative Studio™ entity applicable with which you carry out the transactions, your payments will be made to a foreign entity.
7.2 Credit card information. We require all contracted customers to provide a valid Credit Card at the start of their service. By providing your credit card details, you authorise us to charge that credit card for any unpaid debts would you fail to make payment using other payment methods of your choice.
8. Your guarantee and your obligations to keep under indemnity.
8.1 Guarantee . By uploading your Content to the Services and Software, you claim to have: (a) all licenses and permissions necessary to use and Share your Content; and (b) the rights necessary to grant the licenses of the Conditions.
8.2 Indemnity . You will hold us harmless and safe from us, our subsidiaries and affiliates, and our officers, agents, employees, partners and licensors against any claim, claim, loss or damage, including reasonable attorneys’ fees, derivatives or related to your Content. , your use of the Services and Software or your breach of these conditions.
9. Warranty disclaimers.
9.1 Unless otherwise indicated in the Conditions, the Services are provided “AS IS”. To the fullest extent permitted by current legislation, we do not grant any guarantee, express or implied, including guarantees regarding non-infringement, commercialization or suitability for a specific purpose. We do not commit to the content of the Services and Software.
9.2 We are specifically exempt from any liability related to actions resulting from your use of any of the Services and Software. You may use the Services and Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data resulting from the use of any Service and / or Software or access to them.
9.3 If you publish your Content on our servers to Publicly Share through the Services and Software, we will not be responsible for: (a) any loss, corruption or damage to your Content; (b) the removal of Content by someone other than Inventiva Creative Studio™; or (c) the inclusion of your Content by third parties on other websites or other media.
9.4 No warranties of any kind are offered for websites and other software based applications that we do not host.
10. Limitation of liability.
10.1 Unless otherwise indicated in the Terms, we are not liable to you or anyone else for any loss of use, data, reputation or benefits, of whatever kind, or for any special, incidental, indirect, consequential or punitive damages of the type that it is (even if we have been warned of the possibility of such losses or damages), including loss or damage (a) resulting from loss of use, data or benefits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or guarantee, negligence or other action that harms third parties; or (c) derived from any other demand arising from or in connection with the use of the Services and Software or access to them. Nothing in these Conditions limits or excludes our liability for gross negligence,
10.2 Our total liability in any matter arising out of or related to these Conditions is limited to $ 100 USD or the total amount you have paid to access the Service and Software and during the three-month period prior to the event that resulted in the responsibility, the amount that is greater than both. This limitation will apply regardless of the manner in which the claim or loss originated, if the claim or loss were foreseeable and if any of the parties had been advised of the possibility of the claim or loss.
10.3 The limitations and exclusions in this Section 10 apply to the fullest extent permitted by law.
11.1 Termination by you . You may stop using the Services and Software at any time. The termination of your account does not exempt you from the obligations to pay the outstanding amounts. If we can’t get in contact with you regarding any outstanding debts, we reserve the right to charge the credit card on file for your account.
11.2 Termination by us . If we terminate the Terms, or your use of the Services and Software, for reasons other than lawsuits and outstanding debts, we will make reasonable efforts to notify you, at least 15 days before the termination, to the email address you provide, with instructions on How to recover your Content. Unless indicated in any of the Conditions, we may, at any time, terminate your right to use and access the Services and Software if:
(a) you breach any provision of the Terms (or act in a way that clearly shows that you do not intend or are unable to comply with the Terms);
(b) you stop making the timely payment of the Services and Software fees, if any;
(c) you materially breach any provision of the Terms, and (i) the breach can not be corrected; or (ii) we notify you of the breach and do not correct it within 14 days of the notification;
(d) you, physically, verbally or otherwise, improperly treat, threaten, intimidate or harass us or our staff (in such circumstances, we may alternatively suspend or restrict your access to the Services and Software);
(e) You have repeatedly made claims in bad faith or with no reasonable basis, and continue to do so after we have asked you to stop doing so (in such circumstances, we may alternatively suspend or restrict your access to the Services and Software);
(f) we are required to do so by law (for example, if providing you with the Services and Software is, or will become, illegal);
(g) we choose to interrupt the Services, in whole or in part (for example, if it would be impractical for us to continue offering the Services and Software in your region because of legal changes); or
(h) there has been a long period of inactivity in your account.
11.3 Survival . After the expiration or termination of the Conditions, some or all of the Services and Software may cease to function without prior notice. However, any life license you have will continue in full force and effect. Upon expiration or termination of these Conditions, your indemnity obligations with respect to us, the exclusions or limitations of warranty liability and the resolution provisions contained in the Conditions will remain in force.
12.1 Filtering . We do not review all content loaded on the Services and Software, but we may use available technologies, providers or processes to filter certain types of illegal content (for example, child pornography) or any other content or incorrect behavior (for example, activity patterns that indicate spam or phishing, as well as keywords that indicate that adult content has been posted outside of the adult zone boundary).
12.2 Disclosure . We may access or disclose information about you or your use of the Services and Software: (a) when required by applicable law (for example, if we receive a valid citation or a registration warrant); (b) to respond to your requests for customer assistance service; or (c) when, in our opinion, we consider it necessary to protect the rights, property or personal safety of our users, the public or ourselves.
13. Trade control laws.
The Services and Software and your use of the Services and Software are subject to the laws, restrictions and international regulations that may govern the import, export and use of the Services and Software. You agree to comply with all laws, restrictions and regulations.
14. Conflict resolution.
14.1 Process . If you have any concern or conflict, you agree to try to resolve the conflict outside of legal channels by first contacting us. If a dispute is not resolved within 30 days of its filing, any resulting legal action must be resolved by final and binding arbitration, unless you can bring your claims in any instance court, in the event that your claims are accept the procedure.
14.2 Rules. If you reside in America, the JAMS (Arbitration and Judicial Mediation Services) will administer the arbitration in Santa Clara County, California, in accordance with its Comprehensive Arbitration Rules and Procedures. If you reside in Australia, New Zealand, Japan, Mainland China, Hong Kong SAR, Macao SAR, Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN) ), the Singapore International Arbitration Center (SIAC) will administer the arbitration in Singapore according to its Arbitration Rules, which are considered incorporated by reference in this section. Otherwise, the London International Court of Arbitration (LCIA) will administer the arbitration in London in accordance with the Rules of Arbitration of the LCIA. There will be a referee selected between you and Inventiva Creative Studio™. The arbitration shall be conducted in English and it shall be taken into account that any witness whose native language is not English may declare in his / her native language, with simultaneous interpretation into English (the party submitting the witness shall bear the expenses derived). The decision of the arbitral award issued may be used and enforced before any court with competent jurisdiction over you and us.
14.3 Prohibition of collective lawsuits. You can only resolve disputes with us individually and you can not file a claim as a plaintiff or as a member of a class, consolidated or representative lawsuit.
14.4 Precautionary measures . Notwithstanding the foregoing, in the event that you or others access in an unauthorized manner or use the Services and Software in violation of the Terms, you agree that we will be entitled to request provisional measures (or some equivalent type of urgent legal solution) in any jurisdiction.
15. Audit rights.
If you are a business, company or organization, we can, no more than once every 12 months, by notifying you 7 days in advance, to designate a member of our staff or an independent third party auditor, who will be required to maintain the confidentiality, to inspect your records (including manual inspection, electronic methods or both), systems and facilities to verify that your installation and use of any of the Services and Software are in accordance with our valid licenses. Likewise, you must provide us with all the records and information that we request, within 30 days after our request, so that we can verify that your installation and your use of each and every one of the Services and Software are in accordance with our valid licenses. If the verification reveals that the number of licenses is insufficient for the Services and Software, you will immediately acquire the licenses and subscriptions that are necessary, as well as the applicable maintenance and technical assistance. If the unpaid amounts exceed 5% of the value of the amounts to be paid for the licenses, you will also have to pay the reasonable costs of carrying out the verification.
16. Updates and availability.
16.1. Updates to the General Conditions . We can modify these General Conditions, or the conditions of subscription and cancellation to, for example, reflect legal changes or changes to our Services or Software. It is recommended that you periodically consult the Conditions. We will publish on this page a notice of the modifications of these General Conditions. By continuing to use the Services or the Software, or accessing them, after the revisions come into force, you accept your link to the revised Terms.
16.2. Updates of Services and Software . We may modify, update or discontinue the Services or the Software (including any of its parts or functions) at any time and without liability to you or any other person. However, for changes related to payment offers, we will make reasonable efforts to notify you of the modification, update or interruption. If we interrupt the Services or the Software in its entirety, we will also grant you a reasonable time to download your Content and may provide you with a prorated refund for the unused amounts of the Service or Software that you previously paid.
16.3. Availability . The web pages describing the Services are accessible throughout the world, but this does not mean that all Services or service functions are available in your country, nor that the content generated by users through the Services is legal or available on your site. country. Access to certain Services (or certain functions of the Services, Sample Files or Content Files) in certain countries may be blocked by us or by foreign governments. It is your responsibility to ensure that your use of the Services is legal or available in the place where you use them. The Services are not available in all languages.
17. Prohibition of modifications and reverse engineering.
Except to the extent expressly permitted in these Terms, you may not (a) modify, take, adapt or translate any part of the Services or the Software; nor (b) reverse engineer, decompile or disassemble, or attempt to discover the source code or part thereof of any Service or Software. If the laws of your jurisdiction give you the right to decompile the Software to obtain the necessary information to make the licensed parties of the Services or the Software interoperable with other software, you must first request such information from us. In this case we may, in our sole discretion, either provide you with such information or impose reasonable conditions, including a reasonable cost, upon the decompilation of the Services or the Software,
18.2 Notifications to you . We may notify you by email, postal mail, publications on the Services or by any other legally accepted means.
18.3 Impossibility of assignment . You can not assign or subrogate the Conditions or your rights and obligations under these Conditions, in whole or in part, without our written consent, I feel null and void any attempt in this regard. We may subrogate our rights to the Terms to a third party.
18.4 Titles . The titles used in these General Conditions are included for convenience and will not be used to interpret meanings or intentions.
18.5 Severability . If any provision of these General Conditions is considered invalid or unenforceable for any reason, the rest of the General Conditions will continue in full force and effect.
18.6 No resignation . Our inability to enforce or exercise any provision of the Terms will not constitute a waiver of such provision.
We respect the intellectual property rights of third parties and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).