License Agreement
1. Introduction
1.1 Agreement
By clicking on "Sign up now", "Sign up for isMyDea", "Sign up" or similar, by registering, accessing or using our services (described below), you agree to enter into a legally binding contract with isMyDea (even if you use our Services on behalf of a company). If you do not agree to this Agreement ("Agreement" or "License Agreement"), DO NOT click "Sign Up Now" (or similar) and do not access or otherwise use any of our Services.
Your use of our Services is also subject to our Privacy Policy and our Cookie Policy.
Services
This Agreement applies to isMyDea.com, isMyDea branded apps, isMyDea Learning and other isMyDea-related sites, apps, communications and services explicitly offered under this Agreement ("Services"), including data collection off-site for such Services, such as our advertisements and “Apply with isMyDea” and “Share with isMyDea” plug-ins. Registered users of our Services are "Members" and unregistered users are "Visitors". This Agreement is valid for both.
isMyDea
You are about to enter into this Agreement with isMyDea srl (which is also referred to as "we"). You are about to enter into this Agreement with isMyDea srl and your personal data provided to, or collected by or for, our Services are controlled by isMyDea srl.
1.2 Members
When you register and subscribe to the isMyDea Services you become a Member. If you have chosen not to register for our Services, you cannot log in.
1.3 Modification
We may change this Agreement, our Privacy Policy and our Cookie Policies from time to time. If we make any material changes, we will notify you through our Services, or other means, to give you the opportunity to review the changes before they become effective. If you disapprove of the changes, you can close your account. If after posting or submitting a notification regarding our changes to these terms you continue to use our Services, those terms will be deemed to have been accepted by you.
2. Obligations
2.1. Eligibility for Service
The Services cannot be used by persons under the age of 16.
To use the Services, you agree that: (1) you must be of minimum age ”(defined below) or older; (2) you must have a single isMyDea account (and / or a single SlideShare account, if applicable), which must be in your real name; and (3) your use of the Services has never been suspended by isMyDea.
Members who did not have the new Minimum Age when first using the Services under a previous License Agreement may continue to use them, as they have already reached or will reach the new Minimum Age since then.
"Minimum age" means 16 years. However, if the law requires that you must be older in order for isMyDea to legally provide the Services to you without parental consent (including the use of your personal data), then the Minimum Age will be that established by law.
2.2 Your account
Members are account holders. You agree to: (1) try to choose a strong and complex password; (2) keep your password safe and secret; (3) not transfer any part of your account (for example, links) and (4) comply with the law and our list of “Allowed Activities” and “Not Allowed Activities”. You are responsible for anything that happens through your account unless you close it or report any abuse.
Between you and others (including your employer) the account belongs to you. However, if the Services were purchased from another party for you to use (eg Recruiter Seat purchased from your employer), the party paying for such Service has the right to control access to, and to obtain reports on, your use of such paid Service, but without having rights to your personal account.
2.3 Payment
If you purchase any of our Paid Services ("Premium Services"), you agree to pay us the applicable fees and taxes and to comply with the additional terms specific to such Paid Services. Failure to pay may cause you to terminate your use of the Paid Services. Additionally, you agree to the following:
Your purchases may be subject to a foreign exchange fee or price differences depending on your location (for example, the exchange rate).
You authorize us to store your payment method (for example, credit card) and to continue to charge even after its expiration, in order to avoid interruptions to your Services and to make payments for other Services that you may purchase.
If you purchase a subscription, the relevant cost will be automatically charged to your payment method at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Find out more about how to cancel or suspend Premium Services.
All your purchases of Services are subject to isMyDea's Refund Policy.
We may calculate the taxes you owe based on the billing information you provide us at the time of purchase.
You can get a copy of your invoice via your isMyDea account settings in the "Purchase history" section.
2.4 Notifications and service messages
You agree that we may send you notices in the following ways: (1) a notice within the Service or (2) a message sent to the contact details you have provided to us (e.g. email address, mobile number, postal address). You agree to keep your contact information up to date.
Please review your settings to control and limit the messages you receive from us.
2.5 Sharing
Our Services allow you to send messages and share information in various ways, such as through your profile, slide presentations, links to articles, job offers, InMail messages and blogs. The information and content you share or post can be seen by other Members or Visitors. Where we have made settings available, we will respect the choices you make regarding who can view the content or information (for example, content of messages to your recipients, sharing content only with isMyDea links, limiting the visibility of your profile on search engines or the choice not to notify third parties of updates to your isMyDea profile). Regarding job search activities, we have set by default not to send notifications to your network of connections or to your audience. Therefore, if you apply for a job through our Service or choose to report that you are interested in a job posting, our default setting is to share information only with the job creator.
We are not obligated to post any information or content on our Service and may remove them in our sole discretion, with or without notice.
3. Rights and Limits
3.1. Your license to isMyDea
Between you and isMyDea, you own the content and information you post or send to the Services and you grant isMyDea and our affiliates the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy , modify, distribute, publish and process information and content that you provide through our Services, without further consent, notice and / or remuneration to you or to third parties. These rights are limited in the following ways:
1. You may terminate this license for specific content by deleting such content from the Services or generally closing your account, except (a) to the extent that you have shared it with third parties as part of the Service and those users have copied, re-shared or archived it. and (b) for the reasonable time necessary to remove it from the backup and other systems.
2 . We will not include your content in advertisements for third party products and services to others (including sponsored content) without your separate consent. However, we have the right, without remuneration to you or to third parties, to offer advertisements close to your content and information and your social actions, sponsored content and company pages may be visible as indicated in the Privacy Policy.
3. We will ask for your consent if we want to grant third parties the right to publish your posts outside the Service. However, other Members and / or Visitors may access and share your content and information in accordance with your choices.
4. While we may change and make changes to the formatting of your content (such as translating it, changing its size, layout or file type, or removing metadata), we will not change its meaning.
5. Since you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to third parties, including under a Creative Commons license.
You agree that we may access, store and use any information you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback related to our Services to isMyDea, you agree that isMyDea may use and share (but has no obligation to do so) such feedback for any purpose without paying you any remuneration.
You agree to provide only content or information that does not violate the law or the rights of third parties (including intellectual property rights). You also agree that your profile information is true. Laws may require isMyDea to remove certain information or content in some countries.
3.2 Availability of Services
We may change or discontinue any of our Services. We cannot guarantee that we will keep or continue to display the information and content that you have posted.
isMyDea is not a storage service. You agree that there is no obligation for us to store, manage or provide you with a copy of any content or information provided by you or a third party, except to the extent required by applicable law and as set out in our Privacy Policy.
3.3 Other content, sites and applications
By using the Services, you may come across content or information that may be inaccurate, incomplete, late, misleading, illegal, offensive or otherwise harmful. In general, isMyDea does not review the content provided by its Members or by third parties. You agree that we are not responsible for the content or information of third parties (including that of other Members). We cannot always prevent misuse of our Services and you acknowledge that we are not responsible for such use. You also acknowledge the risk that you or your organization may be mistakenly associated with third party content when we let your connections and followers know that you or your organization have been mentioned in the news. Can disable this feature.
You are responsible for deciding whether you want to access or use third party applications or sites linked to our Services. If you allow a third party application or site to authenticate or connect with your isMyDea account, that application or site will be able to access information on isMyDea related to you or your links. Third-party applications and sites have their own legal terms and privacy policies, and you may give other people permission to use your information in a different way than we would. Except to the limited extent that may be required by applicable law, isMyDea is not responsible for these other sites and applications. Use them at your own risk. See our Privacy Policy.
3.4 Limits
isMyDea reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. isMyDea reserves the right to limit, suspend or terminate your account if it finds it reasonable to believe that you are violating this Agreement or the law or that you are using the Services improperly (for example, by violating permitted and prohibited activities).
3.5 Intellectual Property Rights
isMyDea reserves all its intellectual property rights in the Services. Your use of the Services does not give you any ownership over our Services or the content or information made available through our Services. The trademarks and logos used in connection with the Services are the trademarks of their respective owners. isMyDea, SlideShare, the “in” logos and other isMyDea trademarks, service marks, images and logos used for our Services are trademarks or registered trademarks of isMyDea.
4. Limitation of Liability
4.1 No Warranty
TO THE EXTENT PERMITTED BY LAW, isMyDea AND ITS AFFILIATES (AND THE PARTIES WITH WHICH isMyDea WORKS TO PROVIDE THE SERVICES) (A) DISCLAIM ANY IMPLIED WARRANTIES AND INSURANCE (FOR EXAMPLE, WARRANTIES IN RELATION TO A PARTICULAR PURPOSE, ACCURACY OF DATA AND ABSENCE OF VIOLATIONS); (B) DO NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERRORS AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) "AS IS" AND "AS AVAILABLE".
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Disclaimer of Liability
TO THE EXTENT PERMITTED BY LAW (AND UNLESS ISMyDea HAS A SEPARATE WRITTEN AGREEMENT REPLACING THIS AGREEMENT), isMyDea AND ITS AFFILIATES (AND THE PARTIES WITH WHICH ISMyDea WORKS TO PROVIDE THEIR SERVICES OR THIRD PARTIES) IN THE EVENT OF INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES RELATED TO THE SERVICES (FOR EXAMPLE, OFFENSIVE OR DEFAMATORY REPRESENTATIONS, TIME OF INTERRUPTION OR RELATED INFORMATION OR CONTENT).
IN NO EVENT WILL THE LIABILITY OF isMyDea AND ITS AFFILIATES (AND THE PARTIES WITH WHICH ISMyDea WORKS TO PROVIDE THE SERVICES) EXCEED, IN TOTAL FOR ALL CLAIMS, AN AMOUNT THAT IS LESS THAN (A) FIVE TIMES THE MONTHLY OR ANNUAL EXPENDITURE MORE RECENTLY PAID BY YOU FOR PREMIUM SERVICE, IF ANY, OR (B) A USD 1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND isMyDea AND APPLIES TO ALL LIABILITY CLAIMS (FOR EXAMPLE, WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ISMyDea AND ITS AFFILIATES OF THE POSSIBILITY OF SUCH DAMAGES AND THESE ACTIONS DO NOT REACH THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
5. Termination
You and isMyDea can terminate this Agreement at any time by sending a notice to the other party. Upon termination, you lose your right to access or use the Services. The following conditions remain valid after termination:
Our right to use and disclose your comments and suggestions;
The rights of Members and / or Visitors to further share the content and information you have shared through the Service to the extent that it is copied or re-shared prior to termination;
Sections 4, 6 and 7 of this Agreement;
Any amount owed by either party prior to termination will remain payable after termination.
You can visit our Help Center to close your account.
6. Dispute Resolution
If you reside in the European Union: You agree that Irish law, except in cases of conflict of law, will exclusively govern all disputes relating to this Agreement and / or the Services. We both agree that all claims can only be challenged in Dublin, Ireland, as well as the personal jurisdiction of the courts located in Dublin, Ireland.
For all others, including users living outside the United States, you agree that the laws of the State of California, United States, except in cases of conflict of law, will exclusively govern all disputes relating to this Agreement and / or the Services. We both agree that all claims can be challenged only in the federal or state courts of Santa Clara County, California, United States and we both agree to submit to the personal jurisdiction of such courts.
7. General terms
If a court with authority over this Agreement finds any part of this Agreement unenforceable, you and we agree that that court should change its terms in order to make that part of the Agreement applicable and at the same time capable of achieving its intended purpose. If the court cannot do so, you and we agree to ask for the non-applicable portion to be removed and the remainder of this Agreement to be enforced. To the extent permitted by law, the English version of this Agreement is binding and other translations are provided for convenience only. This Agreement (including any additional terms we may provide when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all previous agreements for the Services.
If we do not act in the event of a breach of this Agreement, it does not mean that isMyDea has waived its right to execute this Agreement. You may not assign or transfer this Agreement (or your membership or use of the Services) to any third party without our consent. However, you agree that isMyDea may assign this Agreement to its affiliates or to a party who purchases it without your consent. There are no third party beneficiaries of this Agreement.
We reserve the right to change the terms of this Agreement (in which case we will send you a notice) and we agree that these changes cannot be retroactive. If you do not accept these changes, you must stop using the Services.
You agree that the only way to send legal notices to us is to do so at the addresses provided in Section 10.
8. “Allowed activities” and “Not allowed activities” on isMyDea
8.1. Permitted activities
You agree to:
to. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements;
b. Provide us with accurate information and keep it up to date;
c. Use your real name on your profile;
d. Use the Services in a professional manner.
8.2 Prohibited Activities.
You agree not to:
to. Acting illegally or unprofessionally in connection with our Services, including being dishonest, abusive or discriminatory;
b. Post content that is inaccurate, defamatory, obscene, shocking, hateful, threatening or otherwise inappropriate, or that expresses personal resentment or controversy;
c. Use an image that does not look like you or is not an ID photo;
d. Create a fictitious identity on isMyDea. The occasional creation of clearly fictitious profiles by isMyDea or with its express consent in relation to a promotional campaign does not imply a waiver of this obligation;
is. Misrepresent your identity (e.g. by using a pseudonym), current or past job positions, qualifications or affiliations with a person or entity;
f. Create a Member profile for anyone other than yourself (a real person);
g. Invite people you don't know to join your network;
h. Use or attempt to use another's account;
the. Harass, abuse or harm another person;
j. Send or post any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation not authorized by isMyDea;
k. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual labor) to scrap the Services or otherwise copy profiles and other data from the Services;
L. Bypass or circumvent any controls or Services using restrictions (e.g., keyword search caps);
n. Copy, use, disclose or distribute any information obtained from the Services, directly or through third parties (e.g. search engines), without the consent of isMyDea;
n. Ask for email addresses or other personal information of Members you do not know, without authorization;
or. Use, disclose or distribute any data obtained in violation of this policy;
p. Disclose information that you have no right to disclose (e.g. confidential information of other people, including your employer);
q. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (other than through the available sharing functionality) other people's permitted posts or others without their permission, which they may grant by posting under a Creative Commond license;
r. Infringing isMyDea's intellectual property or other rights, including, without limitation, (i) copying or distributing our training videos or other materials or (ii) copying or distributing our technology, unless it is licensed under open licenses source; (iii) use the word “isMyDea” or our logos in any company name, email or URL except as provided in the Brand Guidelines;
s. Use isMyDea invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact;
t. Post anything that contains software with viruses, worms or any other malicious code;
u. Alter identifiers in order to conceal the origin of any message or post transmitted through the Services.
v. Create profiles or provide content promoting escort services or prostitution.
w. Create or operate a pyramid scheme, fraud or other similar practice;
x. Reverse engineer, decompile, disassemble, decrypt or otherwise attempt to reverse engineer the source code for the Services or any related technology that is not open source;
y. Insinuate or claim to be affiliated with or referenced by isMyDea without our express consent (for example, representing yourself as an accredited trainer by isMyDea);
z. Rent, lend, market, sell or resell, access to the Services or any related data;
aa. Sell, sponsor or otherwise monetize any Service without isMyDea's consent;
ab. Create deep-link links to our Services for any purpose other than promoting your profile or a Group on our Services, without the consent of isMyDea;
B.C. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
to. Remove, cover or obscure the advertisements included in the Services;
ae. Use bot programs or other automated methods to access the Services, add or download contacts, send or redirect messages;
af. Monitor the availability, performance or functionality of the Services for any competitive purpose;
ag. Carry out "framing", "mirroring" or in any other way simulating the appearance or function of the Services;
ah. Obscure or otherwise modify the Services or their appearance;
ai. Access the Services except through the interfaces expressly provided by isMyDea, such as its mobile applications, isMyDea.com and slideshare.net;
aj. Use a Service for activities other than those for which it was intended;
ak. Violate any security features of the Services;
to the. Interfere with the operation of the Services or use an unreasonable load of data on them (for example, spam, Denial of Service (DoS) attack, viruses, game algorithms); and / or
am Violate the Community Professional Guidelines or any additional terms relating to a specific Service that are communicated to you when you sign up for or start using that Service.
9. Complaints Regarding Content
We respect the intellectual property rights of others. We ask that information posted by Members be accurate and not in violation of intellectual property rights or other rights of third parties. We provide a policy and procedure for submitting complaints about content posted by our Members.
10. How to contact us
If you would like to send us communications or a notice of summons, please do not hesitate to contact us:
ONLINE
OR BY MAIL