User agreement
1.0 Background
Somerco Research Ltd, Suite 177 Rosden house, 372 Old street, EC1V 9LT, UK (Somerco Ltd) provides you its services on its Somerco Research webpage (Somerco Research). To be able to become a Somerco Research user (“User”) you have to read and comply with this agreement (“the Agreement”).
The purpose of Somerco Research is to provide a service to facilitate professional networking within the areas of research, financing, recruiting of personnel and marketing of products and services among Users throughout the world.
By accessing, viewing, downloading or otherwise using Somerco Research or any Somerco webpage or feature available through Somerco Research, any information provided as part of the Somerco Research, or any related emails, newsletters or services (hereinafter collectively “Somerco Research” or the “Services”), or by clicking [“Join Somerco Research”- or similar] during the registration process, you conclude a legally binding agreement with Somerco Ltd based on the terms of this Agreement and become a User. If you are using Somerco Research on behalf of a company or other legal entity, such entity may have a separate agreement with Somerco Ltd, but you are nevertheless individually bound by this Agreement.
Somerco Ltd may at any time update the current Agreement without your confirmation thereof or without informing you. You can always read the latest version of this Agreement on Somerco Research http://www.somerco.com/node/114
By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions
2.0 Your Obligations
To become a Somerco Research User you must comply with all applicable laws and the Agreement.
Registration data
To become a User and be able to use our services at Somerco Research you have to:
- Provide accurate and complete information about yourself in accordance with Somerco Research registration form (Registration data), and
- Maintain and update the Registration data to keep the information about yourself up to date and complete. If you provide inaccurate or incomplete information about yourself Somerco Ltd has the right to terminate your User account or deny you future use of Somerco Research,
- Agree not to falsely state, impersonate or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present,
- Represent and warrant that you are not under the age of 18.
Privacy policy
Any personal information provided by you to Somerco Ltd in accordance with this Agreement or your use of Somerco Research are governed by the Swedish Private Policy Act [Personuppgiftslagen SFS 1998:204]. By becoming a User of Somerco Research, you give your explicit approval in accordance with the Swedish Private Policy Act that Somerco Ltd may store, save or handle information revealed to us by you.
Your account
You are responsible for anything that happens through your account — until you notify Somerco Ltd of a breach (support@somerco.com), close down your account or prove that your account security was compromised due to a fault of Somerco Ltd’s systems. You are prohibited from selling, trading or otherwise transferring your Somerco Research account to another party or charging anyone for access to any portion of Somerco Research, or any information therein.
Somerco Ltd reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. Somerco Ltd has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using Somerco Research.
By becoming a User you represent and warrant that you will keep your password confidential, that you will not use other Users’ accounts and that you will not let others use your account.
Premium Services
If you have access to Somerco Research Premium Services, this User Agreement applies to your use of such services.
To be able to become a user of Somerco Research Premium Services you have to pay the user fee at any time stated for access to Somerco Research Premium Services. If failing to pay the fee for your Somerco Research Premium account, Somerco Ltd may without further notice close your Somerco Research Premium account and your Somerco Research Premium account will be automatically transferred to a regular Somerco Research account. If you would like to re-activate your Somerco Research Premium account, you may complete a new payment of the fee at any time stated for access to Somerco Research Premium Services. Somerco Research does not warrant that any information left on the premium account will be available from the closing of your Somerco Research Premium account.
Somerco Research use of user generated content
To be able to use Somerco Research you will have to give Somerco Ltd a licence to use any materials submitted to Somerco Research. The license is further described below. The reason for the licence is to make it possible for Somerco Ltd to market Somerco Research effectively to be able to attract Users, advertisers or others interested by the services, to be able to build up and maintain Somerco Research as a reliable, informative, qualitative and useful service to its Users.
If you choose to submit something (including any User generated content, intellectual property, ideas, concepts, techniques and data), you grant, by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree license to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties, in order to market Somerco Research or any services related there to.
This license includes, inter alia, the right for Somerco Research to reproduce, represent, adapt, translate, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Somerco Research and in general through any physical or electronic communication media. These rights are granted throughout the world and for the entire term of this Agreement.
By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights, including but not limited to third parties intellectual property rights. You further agree to inform Somerco Research in the event that any such information has changed since your registration with Somerco Research and, if appropriate, you agree to make such modifications yourself to your profile.
Somerco Research exercises no control over any content you or others submit while using Somerco Research. Somerco Ltd has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Somerco Ltd may update our policies and practices from time to time at our sole discretion.
Submitting materials protected by intellectual property
By becoming a User you agree not to infringe upon third parties copyrights, designs, patents, trademarks or any other intellectual property rights.
By becoming a User you hereby declare that you own all intellectual property rights, or have a valid license in relation to all intellectual property rights that you may submit, or in any other way spreads, on Somerco Research. This means that you are forbidden to upload or in any other way on Somerco Research use, copy, duplicate or spread information or materials, such as photos, texts or designs, or any other materials constituting intellectual property owned by third parties, without their explicit consent there to.
As a User you are prohibited from copying, reproducing or otherwise use intellectual property rights relating to third parties, except when such use is explicitly granted or licensed by the owner of the intellectual property at hand.
Somerco Research and the Somerco Research Affiliates are not responsible for any of its Users eventual infringement of third parties intellectual property rights or any other type of misuse or misappropriation of any content or information posted on Somerco Research.
If you deem that an infringement in your own or in third parties intellectual property right is at hand, you have a duty to inform Somerco Ltd about the alleged infringement. Somerco Research may remove or disable access to material that is alleged to infringe third parties intellectual property rights. Somerco Research may take reasonable steps to promptly notify any alleged infringer that it has removed or disabled access to material.
Intellectual property rights owned by Somerco Ltd
By becoming a User you agree not to infringe or use Somerco Research trademarks, copyrighted protected works, design or any other intellectual property right, including, without limitation, using the word “Somerco Research” in any business name, email address, or URL or including Somerco Research trademarks and logos on any website without authorization.
Connections: Forums / Blogs / Chat Rooms
Somerco Research may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. Somerco Ltd cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on Somerco Research. Somerco Ltd, or any of our Somerco Research Affiliates, are not responsible for a members misuse or misappropriation of any content or information posted on Somerco Research.
User conduct
You are solely responsible for your interactions with other members. Somerco Ltd reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Somerco Ltd determines, in its sole discretion, that doing so is prudent. Somerco Ltd may also limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
If you act contrary to any regulations regarding infringement or fraud or agitates against any ethnical group, or in any other way through your activities on Somerco Research commits a breach of the law or act in a way that Somerco Ltd do not deem as appropriate towards us, our rights or our Affiliates or their rights, or other Users or their rights, Somerco Ltd may report your activities to the relevant police department or any other executive or judicial authority.
By becoming a User you agree to not initiate or conduct any unsolicited or unauthorized advertising, including sending out or in any other way spread promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation via Somerco Research to other users or third parties.
By becoming a User you agree not to send out or in any other way spread software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment on Somerco Research or any User of Somerco Research.
Information
You acknowledge and agree that Somerco Ltd may send you important information and notices regarding Somerco Research by email or through other means. You acknowledge and agree that Somerco Ltd shall have no liability associated with or arising from your failure to maintain accurate contact or other information. You acknowledge, consent and agree that Somerco Ltd may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to requests for customer service; or (e) protect our rights, property, or personal safety or the Somerco Research, the Somerco Research Affiliates, its Users or the public.
3.0 Your rights
On the conditions that you comply with this Agreement, Somerco Ltd grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable right to access to view information that Somerco Ltd provides on Somerco Research.
If Somerco Ltd use any copyright protected materials submitted by you on Somerco Research in accordance with our right there to in accordance with this Agreement, you have the right to be named as the originator.
4.0 The rights of Somerco Ltd
Somerco Ltd allows you to access Somerco Research as it may exist and be available on any given day. Somerco Ltd has no other obligations, except as expressly stated in this Agreement. Somerco Ltd may modify, replace, refuse access to, suspend or discontinue Somerco Research, partially or entirely, or to charge and modify prices for Somerco Research. All of these changes shall be effective upon their posting on our site or by email communication to you. Somerco Ltd reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Somerco Research and all related items.
5.0 Communication and Complaints
Somerco Ltd may notify you via postings on http://somerco.drupal.nx/node/114 , or via email or any other communications means to contact information you provide to us. You may contact us via email at support@somerco.com or via regular mail to Somerco Research Ltd, Suite 177 Rosden house, 372 Old street, EC1V 9LT, UK.
If you have any complaints, including complaints regarding copyright infringement, you may notify Somerco AB on [e-mail address] or via regular mail to Somerco Research Ltd, Suite 177 Rosden house, 372 Old street, EC1V 9LT, UK. Somerco Ltd does not warrant that it will act in accordance with you complaint.
6.0 Third Party Sites
Somerco Research may include or automatically produce links to third party websites (“Third Party Sites”). Somerco Research is not responsible for and does not endorse any advertising, products or other materials on or available from such webb sites or resources. If you decide to leave Somerco Research and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk.
7.0 Termination
You may terminate this Agreement, for any or no cause, at any time, with notice to Somerco Ltd which shall be effective upon Somerco Ltd processing such notice.
Somerco Ltd may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your Somerco Research account includes disabling your access to Somerco Research (including any content you submitted or others submitted) and may also bar you from any future use of Somerco Research.
Somerco Research may at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Upon termination, you lose access to Somerco Research.
8.0 Disclaimer
Somerco Ltd does not provide any express warranties or representations regarding Somerco Research. You are aware, and consent to, that your use of Somerco Research is at your own risk. Somerco Research is provided at its from time to time existing condition. Do not rely on Somerco Research, any information therein or its continuation. Somerco Ltd do not guarantee that Somerco research will function without interruption or errors in functioning.
Somerco Ltd neither warrants nor represents that your use of Somerco research will not infringe third parties rights. Any material, service or technology described or used on Somerco Research may constitute intellectual property rights owned by third parties who have licensed to us such material, service or technology.
You are aware, and consent to, that any material or data downloaded or in any other way used by you on Somerco Research are used and/or in any way received by yourself at your own risk. You are, at your own cost, responsible for any damages caused to you, your computer system or any other property, by such material or data.
Somerco Ltd declines all liability for identity theft or any other misuse of your identity or information.
9.0 Applicable law
This Agreement shall be constructed according to and governed by the laws of Sweden.
10.0 Dispute resolution
The Agreement and any disputes with us or any Somerco Research Affiliate arising out of or relating to the Agreement or Somerco Research (“Disputes”) shall, if not settled amicably, be finally settled by arbitration administered at the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute).
The arbitration Rules of the SCC Institute shall apply.
Arbitration shall be held in Stockholm in the English language.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief.
11.0 General terms and conditions
Partial invalidity of the agreement
In the event any provision of this agreement is found to be legally unenforceable or invalid, such unenforceability or invalidity shall not prevent enforcement of any other provision of this agreement.
Amendments
Somerco Ltd reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at (http://somerco.com/node/114)] or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time.
Beneficiaries
Somerco Research Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation
Your rights and/or obligations under this Agreement may not, in whole or in part, be assigned or pledged and any purported assignment or delegation shall be ineffective.
Somerco Ltd may freely assign or delegate all rights and obligations under the Agreement, fully or partially.
Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Somerco Ltd regarding Somerco research and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.