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Terms of Service

Website usage conditions for innoget.com

1.- Introduction

These provisions govern the www.innoget.com website and its use. This website is the property of INNOVAWIN 2.006, S.L. (hereinafter “Innoget” or its own name) and has been placed on the internet at the disposal of its clients. In addition, these Usage Conditions govern the terms and conditions of the rendering of services as described in this website.

The Usage Conditions that at any time appear in this website shall be in effect at the pertinent time.

Access to the website is free, except as regards connection costs through a telecommunications network provided by the supplier engaged by clients.

Use of Services offered on the website is an exclusive service for active registered Innoget clients only, on a case by case basis. A client becomes active when it registers according to the procedures established in this website in each particular case. In some cases the customer may be required to confirm the registration by sending an email at the email address given during the subscription process

In the event any client obligations set forth in this website are not met by a client, Innoget reserves the right to forbid or deny such client the use of the www.innoget.com website services offered therein, on a case by case basis, notwithstanding any other actions which may also be available to Innoget.

The use of this website qualifies a client as such and implies its acceptance of all the terms and conditions included herein. The rendering of website service is limited to the extent of time that a customer is connected to the website or to any of the Services made available through the website. Accordingly, the client should carefully read these Usage Conditions every time it intends to use this website, because both the website and these Usage Conditions may be subject to change.

Some website Services available to Internet customers or for the exclusive use of Innoget clients may be subject to additional conditions that may supplement these Usage Conditions and should be accepted by the client before the pertinent service is rendered and/or engaged. Access to and/or use and/or engagement of such services and contents indicate the full and unconditional acceptance of the pertinent additional conditions at the time such access and/or use and/or engagement take place.

Innoget reserves the right to unilaterally change, at any time and without prior notice, the subscription and engagement form and conditions of any Innoget Service/s included in the www.innoget.com website, as well as these Usage Conditions and any pertinent additional conditions.

In any case, Innoget shall notify the CLIENT that has contracted a service of any substantial change made to the Terms of Use or its services. In such cases, the CLIENT shall have a period of 30 days thereafter to notify Innoget of its decision to terminate the services concerned. Otherwise, it is understood that the CLIENT agrees to the changes.

All clients shall access and use the www.innoget.com website according to these Usage Conditions, additional conditions, the law, ethics, moral conventions and/or in good faith, and shall refrain from performing any act of any kind that could have an adverse effect on the website, Innoget, and/or any other clients thereof and/or third parties.

Should Innoget and the CLIENT have signed a specific written agreement altering any aspect of these Terms of Use, this agreement will prevail over the provisions of these afore-mentioned Terms.

2.- Engagement of Services

Access to and the process of engagement, and terms and conditions of the rendering of services by Innoget shall be subject to what is established on each occasion in the company’s website, in force at the time such services are rendered. Accordingly, Innoget reserves the right to unilaterally change, at any time and without prior notice, such terms and conditions

In addition, by engaging the rendering of services by Innoget, the client expressly undertakes to furnish true information about itself for this purpose, assuming any damages of any kind arising from the untruthfulness of the information furnished by it, directly and/or indirectly affecting Innoget and/or any third party, at any time, for any reason, by any means and/or in any manner.

3.- Duration

According to the terms and conditions of these Usage Conditions, and of the pertinent additional conditions, Innoget reserves the unilateral right to temporarily suspend or definitely terminate the rendering of services through the www.innoget.com website, as well as to temporarily suspend or definitely terminate the www. innoget.com website service.

Similarly, the client knows and accepts that Innoget may publish client's demands and technological offers on any social network or in any other website owned by Innoget or third parties. Innoget shall have no responsibility or liability of any kind for that publications. Publication of the demands and technological offers on these social networks and / or websites allows them to be viewed by the general public.

4.- Passwords

Innoget shall provide the client with the possibility of having a user name (email) and password, of a personal and untransferable nature, for use by the Client of this website or the services offered by Innoget. Clients undertake to keep their user names and passwords confidential, and not to allow the use thereof by third parties, therefore, assuming liability for any consequences resulting from the infringement of such obligation. Passwords may be changed at the request of any of the parties. In the event such change is expressly requested by Innoget, clients shall be given notice of the date on which such password will be deactivated and replaced by a new one.

Innoget shall not be liable for any damage to or loss of income by Clients and/or any third parties as a result of the loss or theft of a user name/password and/or as a result of the use thereof made by a third party.

5.- Cookies

In order to monitor Client session time, www.innoget.com uses cookies while the Client is browsing the website. Cookies used are not temporary, i.e. they do not disappear when the session ends. Therefore, this cookie is stored in the Client’s hard drive and when a session ends the cookie remains. Cookies used cannot read the information in your hard drive or the cookie files created by other suppliers. Cookies used are not harmful and they are only used during a Client session. Clients may configure their browsers so that a notice appears on their screens when a cookie is received. Please consult browser instructions and manuals for more information. Clients need to allow the installation of cookies in order to be able to use this website. In the event cookie service and/or Java Script have been deactivated, a notice to this effect will appear on the www.innoget.com website, which will not be functioning adequately.

6.- Industrial and Intellectual Property

INNOVAWIN 2.006, S.L., is the owner of the www.innoget.com domain name.

The entire www.innoget.com website, including without limitation, its design, structure and distribution, texts and contents, logotypes, buttons, images, source code, as well as all industrial and intellectual property rights, and any other distinguishing mark related thereto, to the website itself, as well as anything else appearing therein, and everything regarding the services rendered by Innoget and/or which Innoget owns, belong to Innoget and/or the pertinent owner. Accordingly, the use, exploitation, copying, reproduction, as well as removal, injury, alteration and/or modification, registration and/or application for registration thereof and/or of anything else of a similar kind, present and/or future, by any means and/or manner, whether in whole or in part, temporary or definitive, is forbidden, without express written authorization from Innoget and/or the pertinent owner. It shall not be understood at any time that any permission or authorization of any kind, has been granted, whether in whole or in part, to any third party and/or customer by Innoget and/or the pertinent owner.

Innoget reserves the right to unilaterally redesign and change, at any time and without prior notice, the presentation and configuration of the www.innoget.com website.

All industrial and intellectual property rights and any other distinguishing mark, including without limitation, contents, documents, texts and summaries published in this website, as well as images, design, graphics, drawings, buttons, logotypes, brands of different www.innoget.com website collaborators, belong to their authors. Accordingly, the use, exploitation, copying, reproduction, as well as removal, damage, alteration and/or modification, registration and/or application for registration thereof and/or of anything else of a similar kind, present and/or future, by any means and/or manner, whether in whole or in part, temporary or definitive, is forbidden, without express authorization from the authors. It shall not be understood at any time that any permission or authorization of any kind has been granted, whether in whole or in part, to any third party and/or client by the authors.

Innoget shall not assume any liability in the event that any Industrial or Intellectual Property right held by third parties is infringed by a third party and/or clients or that they infringe the rights of any third party and/or customer.

Innovation information can only be sent in response to a Technological Demand or a Profile, including for example but not limited to: (i) any goods and / or procedures and / or services and / or property subject to Intellectual and / or Industrial Property such as trademarks, industrial designs, innovation patents and utility models whether registered or not and / or within the registration period; (ii) any product concept and / or ideas with commercial and / or industrial application, regardless of its supporting documentation that has or may have commercial, business, industrial and / or educational use (all hereinafter "Innovation"), the rightful owner / inventor and / or copyright and / or owner.

In this sense, the user sending Innovation states that he/she holds the rights and / or legal capacity required to carry out this action, thus not violating any rights, in particular, exclusive rights, intellectual and / or industrial property rights and /or confidentiality agreements signed with third parties.

In the event of a breach of any of the obligations above, the user submitting the innovation information is required to completely free Innoget from any claim (including reasonable attorney and solicitor expenses), fine, penalty or punishment that may be imposed due to the result of said failure. Similarly, Innoget will not assume any liability for the use that the end company may make of the Innovation information.

The user knows and accepts that the mere sending of Innovation information does not oblige Innoget or the end company to the same obligation to treat the Innovation as confidential and once in its possession, the end company may keep and use the Innovation freely even if a formal business relationship and / or subsequent contract between the user and the end company is not reached.

7.- Exemption from Liability

There is no relationship or connection of any kind between Innoget and the www.innoget.com website with the owners of other websites to which they are linked, if any. Accordingly, Innoget and the www.innoget.com website are not liable for other websites, or for their usefulness, reliability, accuracy, or the contents included therein. They are, therefore, websites that belong to independent companies which bear no connection or relationship among themselves.

Innoget is not liable for any damage and/or detriment to and/or loss of income by any client or third party adversely affected as a result of any opinions, representations, data and/or contents, if any, that customers and/or third parties may directly or indirectly display for any reason, at any time and in any way, in the www.innoget.com website.

Innoget does not warrant that the www.innoget.com website is going to work constantly, reliably and permanently, without delays or interruptions. Accordingly, Innoget is not liable for any damage and/or detriment to and/or loss of income by any customer or third party adversely affected as a result thereof.

Innoget is not liable for any damage and/or detriment to and/or loss of income by any customer or third party adversely affected as a result of an event of force majeure, act of God, failure or error in communication lines or defective internet service or faulty connection.

Innoget shall not be liable for any damage and/or detriment brought about to any client or third party or for any damages borne by any client or third party directly or indirectly resulting from the use of and/or access and/or connection to the www.innoget.com website and/or websites linked thereto. Accordingly, Innoget shall not be liable for any damage or detriment to any customer or third party or for any loss of income by any client or third party as a result of the improper functioning, defects, failures of or damage, in whole or in part, to hardware, software and/or computer programs, as well as the loss/alteration of and/or damage, in whole and/or in part, to information contained in magnetic storage devices, discs, tapes, diskettes and other media, as well as for the introduction of computer viruses or any undesired variations or alterations in all information, documents, files, databases, hardware and/or software.

Innoget is not liable for any damage and/or detriment brought about to any third party for the use of bank data without its consent by any customer engaging any Innoget Service.

Innoget shall not be liable for any damage and/or detriment to any Client that is not solely, directly and exclusively attributable to the company, when the Client and/or any third party or the persons to which they are liable are responsible for any such damages, any damage and/or detriment to third parties and/or any loss of income by Customers or third parties.

Innoget shall not be liable for any failure in communications, including deletion, incomplete transmission or delayed delivery, and shall not, in addition, undertake to ensure that the transmission network will always be operational. Furthermore, Innoget shall not be held liable in the event any third party (including Social Networks) violates the security measures set forth by Innoget and/or circulates and/or transmits computer viruses.

Innoget has adopted all legally required security measures for protecting personal data furnished by Customers. Notwithstanding the above, Innoget cannot ensure the absolute invulnerability of its security systems or the security or inviolability of such data during transmission through the network. Furthermore, Innoget does not warrant the truthfulness or reliability of the information furnished by Customers.

Innoget does not control or warrant the effectiveness of services or the absence of computer viruses from services rendered by third parties through its portal network which may produce alterations in its information system (software and hardware) or in the documents or electronic files stored in its information system.

Link devices placed at the disposal of Clients by Innoget are intended to make searching for information available on the Internet easier. Innoget does not ensure that the Service is adequate for performing any service other than the one which has been engaged, or that it enables access to all Internet sites. Innoget does not offer or trade in products and services available through link sites or assume any liability for such products or services.

As a service provider, Innoget does not control the use that Clients make of its Services. Innoget is not liable for the use and/or contents that Clients may make in violation of the laws or these Usage Conditions and/or pertinent additional conditions, insofar as Innoget is not liable for the contents and/or information and/data that is transmitted, nor does it originate the transmission or modify or select the data or the addressees. Accordingly, the Client alone is liable for any consequences that might result from any unlawful use or use that is contrary to these conditions, as well as for the truthfulness and/or lawfulness of the contents displayed by the Client. For this purpose, customers shall use the Services pursuant to the laws in force that are applicable in this respect.

In the event Innoget knows, by any means or manner, whether directly or indirectly, of the existence of contents that might infringe any laws in effect or these Usage Conditions and/or pertinent additional conditions or of use made for fraudulent, unlawful and/or unauthorized purposes, Innoget reserves the right to suspend, of its own accord, in whole or in part, the rendering of Services, without the Customer’s prior authorization, by removing the infringing contents or taking any other measure it deems necessary to avoid the subsistence of the wrongdoing or infringement detected, and Client waives any right to make claims or exercise any right, of any kind, in the event any mistake and/or error is made directly or indirectly by Innoget in evaluating the above situation.

Notwithstanding the above, Innoget reserves the right to inform the administrative and judicial authorities of any events that could constitute an unlawful activity, without any need of prior notice to the Client.

Innoget is not liable for any flaw or interruption in the rendering of the Services which it commercializes and provides and any damages caused by these flaws or interruptions to the extent that the following circumstances occur:

• Service interruption as a result of network maintenance operations.

• Lack of Service continuity caused by Customer’s and/or any third party’s introduction of hardware or software items bringing about the general malfunction of its IT equipment or having incompatibilities with items needed in such equipment.

• Service interruption caused by wideband access unavailability to support such Services.

• Service interruption caused by incorrect use or inaccurate adjustment of such Services.

• Service interruption produced by failure of power supply to equipment and devices used by client for the Services.

• Causes attributable to any third party or to force majeure.

• Reduction in Service quality or connection flow rate for reasons not directly attributable to Innoget.

• Administrative or judicial decisions or orders.

• Faulty configuration of the installation required by the Customer and/or any other third party.

• Damage and/or detriment not attributable solely, directly and exclusively to Innoget.

• Loss of income by the Customer and/or any other third party.

• Damages, of any kind, brought about for any reason through the fault of the Client and/or any third party.

• Damage and/or detriment directly or indirectly caused to the Client and/or any third party for causes not directly or indirectly attributable to Innoget.

Unforeseeable occurrences, as well as events of force majeure, official measures, failure in telecommunications connections not directly attributable to Innoget shall relieve Innoget from rendering Services while these are in effect.

In addition, as regards tech sellers/s, users as defined in the website submitting innovation information, it/they shall under their EXCLUSIVE RESPONSIBILITY:

• Protect “The Concept” (including, but not limited to, (i) Any products and/or procedures and/or services and/or goods likely to be protected by Intellectual and/or Industrial Property rights such as trademarks, drawings and industrial designs, innovation patents and utility models, whether or not registered and/or in the process of registration (ii) Any projects and/or ideas with a commercial and/or industrial application, whether or not they have been disclosed (iii) Any information, apart from its documental backup, which has or may have a trade, business, industrial and/or educational usefulness, before it is disclosed, personally obtaining any specific legal and technical advice for this purpose, at its/their own risk and expense.

• Sign the pertinent confidentiality agreement prior to furnishing any third party with any kind of information which could be sensitive and confidential for the development, use, commercialization and/or manufacture of “The Concept”.

• Obtain specific legal advice to protect “The Concept” during any possible negotiation in relating thereto with third parties.

• Hold Innoget harmless in all cases, expressly acknowledging and assuming its independence and lack of connection with the business and/or contractual relationship to be established between the Tech Seller and the company or companies interested in “The Concept”.

Lastly, as regards the company or companies completing the “Innovation Box In” form found in this website, it/they shall under their EXCLUSIVE RESPONSIBILITY:

• Act in good faith during the entire negotiation and/or commercial and/or contractual process to be established, if any, with pertinent tech Seller

• Hold Innoget harmless in all cases, expressly acknowledging and assuming its independence and lack of connection with the business and/or contractual relationship to be established between the Tech Seller and such company or companies interested in “The Concept”.

8.- Confidentiality

Innoget and its employees and technical service staff shall try and will keep confidential all client information to which they are given access by any means, and will not use, disclose or allow it to be used or disclosed. They shall, at the Client’s request, make every effort to destroy or return such information immediately in the event it is recorded for any reason and/or by any means, when in compliance with the services engaged and pursuant to the terms and conditions set forth in these Usage Conditions and the pertinent additional conditions they are given access to Client information of any kind. The laws that are applicable in this respect shall govern in all such cases.

9.- Governing Law and Jurisdiction

Any discrepancies, claims and disputes that may arise shall be submitted to the courts of the city where the Client is domiciled.

Spanish law shall be the governing law.

10.- Legal Notice and Privacy Policy

The www.innoget.com domain is owned by Innovawin 2.006, S.L.

Innovawin 2.006, S.L., has been registered in the Barcelona Mercantile Registry in Volume 38,580, Folio 88, Page 327,448, 1st registration.

Company information:

Innovawin 2.006, S.L
Avda. Ernest Lluch, 32
08301 Mataró (Barcelona)
Phone: 34-93-755-62-53
Fax: 34-93-755-62-65
www.innoget.com
C.I.F. (Fiscal Identification Code) B-64205032

Innoget informs its privacy, electronic communications and personal information protection policy so that you may, of your own free will, furnish Innoget, if you judge this pertinent, with the personal data that may be requested from you for access to the different contents and services offered in its website.

You are requested, for this purpose, to give your consent to this privacy policy and accept these General Conditions.

Failure to accept this privacy policy will imply that the services rendered and website contents offered by Innoget shall not be made available and that the system subscription process shall be interrupted.

Customers shall in all cases be liable for the truthfulness and/or ownership of the data furnished. Express instructions shall be given as to the necessary or optional nature of such data for system subscription and the rendering of services which you seek.

Innoget shall presume that the data furnished is true and belongs to the interested party, and reserves the right to prevent any user who has submitted false data or data belonging to third parties without their consent from accessing the contents and/or services which require personal data.

Any information furnished, deposited or transmitted by you in the website may be examined by Innoget, including the contents of your messages, even if designated as “private” by the user, for the purpose of safeguarding the security and adequate use of the website, as well as avoiding fraud, if any, when there are signs that this could be happening.

According to the rules and regulations currently governing the Protection of Personal Data and Information Society Services, Innoget informs that the data furnished by you will be included in a file under Innoget’s responsibility, for the purpose of:

a) Providing you with good website access and browsing service.

b) Giving and offering you Innoget services.

c) Putting you in contact with Innoget service and contents participants (Tech Seekers and Tech Sellers).

d) Also furnishing you with commercial and promotional information directly and/or indirectly related to innovation sector and I+D+i products and/or services, mainly by electronic means (telephone, e-mail and internet), but also by any other means.

You may at any time exercise your rights to access, cancel, rectify or object by writing to Innoget’s Legal Department located at Av. Ernest Lluch 32 (Mataró), Spain.

The user, having been informed for the purposes of Articles 11 and 27 of Organic Law No. 15/1999 dated December 13, 1999 (LOPD), expressly accepts that all data furnished may be assigned to other website participants (mainly, but not limited to, Tech Seekers and Tech Sellers), for the rendering of Innoget services and for the purpose of developing the business model for exchanging ideas that Innoget proposes, in which you would like to participate and from which you would like to benefit.

Furthermore, the user, for the purposes of Articles 33 and 34 of the LOPD, expressly allows its data to be transferred to third party countries, even when such countries fail to provide a degree of protection as good as that provided by the above-mentioned Law.

If in doubt about this Privacy Policy, please do not hesitate to contact Innoget through its http://www.innoget.com website or by e-mail to info@innoget.com.

These General Terms and Conditions will come into effect as of February, 15th 2009.

innoget is an open innovation supplier. innoget offers a full range of services related to the acquisition, revaluation and marketing of technologies and addressing the needs of R&D and innovation. The www.innoget.com website is the tool through which our clients connect with companies, research institutions and innovation professionals worldwide. In innoget.com organizations seeking innovation meet innovation-generating organizations. Our customers capture external knowledge (via publication of technology requests) and promote the knowledge generated within their organizations (via technology offers). By knowledge we understand innovative technologies, products, methods, procedures and services. Our clients are multinational companies, small and medium size companies, research centers, technology transfer offices, science and technology parks as well as professionals of the innovation world from all sectors and disciplines. innoget, your open innovation intermediary
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