Service Agreement
Preamble
You agree to be legally bound by all of the terms of this Service Agreement when you register for Patentdata's service.

This is an agreement between you ('Advertiser') and Patent Data Systems Ltd ('Patentdata').

If you are obtaining this service on behalf of an organization, you confirm that you have the authority to bind the organization and that the organization will be bound by these terms, and the term 'Advertiser' shall then refer to you and your organization.

Patentdata has developed unique online publications that provide details regarding patents and/or published patent applications and provide these publications, known as 'New Ideas Daily' and 'New Ideas Weekly' ('the publications') to subscribers.

Patentdata's service to Advertiser consists of the following:
  1. Providing a banner to Advertiser's website that promotes the publications to Advertiser's website visitors;
  2. Providing an online subscription form enabling Advertiser's website visitors to subscribe to the publications;
  3. Sending the publications by electronic mail to subscribers;
  4. Displaying Advertiser's name, logo and up to 3 (three) text advertisements promoting Advertiser's products and/or services in the publications;
  5. Providing Advertiser the facility to write advertisements online for display in the publications; and
  6. Providing an email alert facility to subscribers enabling them to alert Advertiser to specific new ideas featured; and
  7. Providing Advertiser online statistics reports that show the click-through rate on Advertiser's advertisements.
Advertiser wishes Patentdata to provide Patentdata's service to Advertiser. Patentdata agrees to provide the service to Advertiser on the terms contained in this Service Agreement.
Terms
1. Key Restrictions

Except as permitted herein, no other use, copying, display or distribution, in any form, of Patentdata's service, in whole or in part, is permitted without the prior written consent of Patentdata. Advertiser shall not modify, edit, change or alter in any manner Patentdata's service, or create any derivative works there from, including translation of the information.

2. Free Service

2.1 The complete service, including the display of text advertisements by Advertiser is provided FREE to Advertiser.

2.2 Patentdata reserves the right to display relevant third party advertisements adjacent the new ideas displayed in New Ideas Weekly and New Ideas Daily, as well as in the New Ideas Detail Pages, Market Feedback Reports and any three dimensional (3D) images, animations or videos of the new ideas that can be accessed from the publications.

3. Intellectual Property

All rights with respect to Patentdata's service, including, without limitation, all copyright, trademark and database rights, shall remain the sole property of Patentdata.

4. Warranty and Liability Disclaimer
  1. ADVERTISER EXPRESSLY AGREES THAT USE OF PATENTDATA'S SERVICE IS AT ADVERTISER'S SOLE RISK. NEITHER PATENTDATA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS WARRANT THAT PATENTDATA'S SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PATENTDATA'S SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH PATENTDATA.
  2. PATENTDATA'S SERVICE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES, CLAIMS OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
  4. IN NO EVENT WILL PATENTDATA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PATENTDATA'S SERVICE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PATENTDATA'S SERVICE. ADVERTISER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT SUPPLIED BY PATENTDATA'S SERVICE.
  5. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER PATENTDATA, NOR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PATENTDATA'S SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER PATENTDATA, NOR ITS AFFILIATES WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
5. Third Party Content

In many instances, the content available through Patentdata's service represents the opinions and judgments of the respective users not under contract with Patentdata (for example Advertiser's customers). Patentdata neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made by such third parties.

6. Termination

Either party may terminate this Agreement on 30 (thirty) day's written notice by e-mail to the other party.

7. Severability

Should part of this Agreement be invalid, illegal, or unenforceable in any respect for any reason, the remaining portions survive. Delay or failure by either party in enforcing this Agreement at any time will not constitute a waiver by the party of its rights or remedies.

8. Force majeure

This Agreement may be suspended or terminated due to events beyond the control of either party.

9. Entire Agreement

This Agreement represents the entire agreement between Advertiser and Patentdata. No modification, amendment or waiver of any provision of this Agreement shall be made by either party except by a written agreement signed by both parties.

10. Governing Law

This Agreement shall be construed in accordance with the laws of the jurisdiction of the Isle of Man, British Isles, where Patentdata has its headquarters, without giving effect to any conflicts of laws principles.