Version 1.1 – 25th October 2013
These Terms and Conditions, as defined in the Definitions below once acccepted by you, form a user-agreement (The Agreement) between you and INOMICS GmbH, located at the address: Am Kupfergraben 6A, 10117 Berlin, Germany.
These Terms and Conditions make up the entire Agreement between you and INOMICS and supersedes any prior agreements.
These Terms and Conditions are written in English. To the extent any translated version of these Terms and Conditions conflicts with the English version, the English version controls.
The Agreement is valid from the time of acceptance by checking the box below, until it is changed or terminated according to Sections 8 and 9 of the statement of rights and responsibilities below.
1. By the terms INOMICS, We or Us we mean the features and services we make available, including through (a) our website at www.inomics.com and any other INOMICS branded or co-branded websites (including sub-domains, international versions, widgets, applications and mobile versions); (b) our Platform; (c) social plugins (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2. By the terms Registered User, Registered Account Holder, User, Account Holder we mean someone who has registered an Account with INOMICS.
3. By You we mean a visitor to the INOMICS website or INOMICS Account Holder.
1. INOMICS is committed to ensuring that your privacy is protected.
3. The Agreement or User-Agreement refers to the Terms and Conditions once you have accepted them whilst logging-in to or creating a new INOMICS User-Account.
4. By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from INOMICS or provide data to us.
5. By Private Data we mean Information about you that is not displayed to the general public or other INOMICS Account Holders.
6. By Public Data we mean information about you that is displayed to the general public and/or other INOMICS Account Holders.
7. By Content we mean anything posted on INOMICS that would not be included in the definition of information.
8. By Commercial Content or Advertising we mean content posted on behalf of an organisation.
9. By Data we mean content and information that we or third parties can retrieve from INOMICS or provide to INOMICS through the Platform.
10. By Post we mean upload, send or otherwise make content available to us, including via third party means such as by using an application.
11. By Use we mean use, copy, publicly perform or display, upload, download, distribute, modify, translate, and create derivative works of.
12. By Advertiser or Recruiter we mean any individual sending us or posting content on behalf of an organisation they work for or another third party, including commercial content. Advertisers and recruiters may or may not be INOMICS Account Holders.
13. By Application we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until the data is deleted.
14. By Visitor we mean someone using INOMICS, including those not logged-in or who do not have a user account.
The website under www.inomics.com and the services on these pages are being offered to you by:
Am Kupfergraben 6A
You can contact us using the email address: info (at) inomics.com or by calling 0049 30 285 296 22
The managing director of the company is Andreas F. Hoffmann.
The company INOMICS GmbH has been established and registered according to the laws of the German State of Berlin and the Federal Republic of Germany.
Registration number: HRB 126307 B
Statement of Rights and Responsibilities
This Statement applies to INOMICS Account Holders.
2. Sharing Content and Information
You own all of the content and information you post on INOMICS about yourself. You can control how it is shared with others via your settings. When you wish to post information on behalf of an organisation, you confirm that you have the legal authority to do so. All information and content posted on behalf of an organisation remains the property of that organisation. In addition:
a. For all content posted, including content that is covered by intellectual property rights, like photos, videos logos and trademark names (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with INOMICS (IP License). This IP License ends when you delete the IP content, unless this content has been shared with others, and they have not deleted it.
b. If you want part or all of your content to be removed from the website, where there is no option to delete it yourself please contact us at info (at) inomics.com or using the details listed on our contact page. We will make every effort to ensure that deleted content is removed from all accessible areas of the INOMICS website within a reasonable period of time. However, you understand that removed content may persist in third-party applications or in secure backup copies for a longer period of time.
c. When you post any content on INOMICS, you grant us editorial control of the content posted, which includes the right to edit and make changes when we consider it necessary in order to provide accurate and clear information to users. This includes but is not limited to: changing formatting such as text size and spacing; correcting spelling mistakes; adding or removing punctuation; repositioning, resizing or otherwise improving the readability of images, videos and logos. INOMICS will endeavour to inform you of any significant changes made to content you have posted, but is not obliged to do so.
d. INOMICS reserves the right to remove, instantly and without warning, any content or information posted that we deem necessary to remove for legal or editorial reasons.
We do our best to keep INOMICS safe and the information stored here secure, but we cannot guarantee it. We need your help to reduce the chance of information being lost or stolen, which includes the following commitments:
a. You will not send or otherwise post unauthorized commercial communications (such as spam).
b. You will not collect users' content or information, or otherwise access INOMICS, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on INOMICS.
d. You will not upload viruses or other malicious code.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not bully, intimidate, or harass any user.
g. You will not post content that: is hateful, threatening, or pornographic; incites violence; contains nudity or graphic or gratuitous violence; is considered illegal according to the laws of the Federal Republic of Germany, the country in which you reside, or the country most relevant to the content you are posting, for example the country where an event you are posting details of is located.
h. You will not use INOMICS to do anything unlawful, misleading, malicious, or discriminatory.
i. You will not do anything that could disable, overburden, or impair the proper working of INOMICS, such as a denial of service attack.
j. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
INOMICS users should provide their real names and information, and we need your help to keep it that way. To help us in registering and maintaining the security of your account, you agree that:
a. You will not provide any false personal information on INOMICS, or create an account for anyone other than yourself or the organisation you represent without permission. The person who created the INOMICS account or the otherwise designated and named contact person is solely and completely responsible for the accuracy and legality of all content posted.
b. You will not create more than one personal profile.
c. If we disable your account, you will not create another one without our permission.
d. You will not use your personal profile for your own commercial gain or to earn income from a third party with which you are not affiliated, without our express permission.
e. You will not register a user account with INOMICS if you are under 18.
f. You will not use INOMICS if you are a convicted sex offender.
g. You will keep your contact information accurate and up-to-date.
h. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
i. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
j. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
k. We may deactivate, suspend or delete your account without warning or compensation if we suspect that it is being misused in any way.
l. You may appeal or question any action we take by contacting us directly at info (at) inomics.com or at the address on the contact page of the website.
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
a. You will not post content or take any action on INOMICS that infringes or violates someone else's rights or otherwise violates the law.
c. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you may appeal or question the action by contacting us directly at info (at) inomics.com or at the address on the contact page of the website.
d. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
e. You will not use our copyrights or trademarks (including the INOMICS name, logo, urls of our website or related platforms), or any confusingly similar marks, without our written permission, at least per e-mail.
f. You will not post anyone's identification documents or sensitive financial information on INOMICS.
6. Advertisements and Commercial Content on INOMICS
Our goal is to deliver information and advertising that is not only valuable to advertisers, but also useful and relevant to users and visitors to the website. In order to help us do that, you agree to the following:
d. You understand that we may not always declare paid services and communications as such.
e. You understand that we may tailor and customise advertisements and content according to your specifications and preferences.
7. Special Provisions Applicable to Advertisers
a. You agree that we may format and edit information you upload, including determining the size, placement, and positioning of text and images, as outlined in section 2 of this Statement.
b. Unless otherwise explicitly specified, we do not guarantee the exposure that your advertising or content will receive, such as the number of views/impressions or clicks you will get.
c. We cannot control how people interact with your advertising or content, and are not responsible for click fraud or other improper actions that affect the cost of your advertising or paid content.
d. We will remove your advertising or content when it reaches the agreed or stated expiry date. You understand, however, that if users have interacted with your advertising or content, it may remain on their computer or device, until the user deletes it.
e. We can use your ads and related content and information for marketing or promotional purposes.
f. You will not issue any press release or make public statements about your relationship with INOMICS without permission in either written or email form..
g. You understand and accept that we may reject or remove any advertising for any reason.
h. If you are placing advertising or content on someone else's behalf, by accepting this Statement you confirm that have permission to place this, including the following:
I. You warrant that you have the legal authority to bind the advertiser to this Statement.
II. You agree that if the organisation or company, that you as an advertiser represent, violates this Statement, we may hold you responsible for that violation.
i. You acknowledge that by posting paid content, you are legally obliged to meet this payment either at the time of booking, or within two weeks of the invoice date if paying by invoice. The amount due is considered that displayed at least once at the beginning of the booking process or as confirmed in written form (email, fax or letter) with an authorised representative of INOMICS.
b. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of INOMICS to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or remove your content at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2b-d, 3-5, 6b, 7, and 9-11.
a. If you have any question about this Statement, about any aspect of our Terms and Conditions, or would like more information about your rights and responsibilities as an INOMICS Account Holder, please contact us at info (at) inomics.com or using the address and telephone numbers on the contact page of our website. We will endeavour to resolve any query or dispute you may have with our service in a cooperative and constructive manner. Our goal is customer and user satisfaction and this goal equally applies to individuals who are in any way concerned or dissatisfied with any aspect of our service.
b. If after contacting us you believe that a concern has not been sufficiently addressed, you will resolve any claim, cause of action or dispute (claim) that you have with us arising out of or relating to this Statement or INOMICS exclusively in a court located in the State of Berlin, Germany. The laws of the Federal Republic of Germany will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Berlin, Germany, for the purpose of litigating all such claims.
c. If anyone brings a claim against us related to your actions, content or information on INOMICS, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
d. In the case of any dispute or claim you accept the following: WE TRY TO KEEP INOMICS ONLINE, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING INOMICS AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT INOMICS WILL BE SAFE OR SECURE. INOMICS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR INOMICS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT YOU HAVE PAID FOR PREMIUM CONTENT OR ADVERTISING ON INOMICS, OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR YOUR USE OF INOMICS WILL BE PROPORTIONATE AND REASONABLE, AND NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST TWELVE MONTHS. IN ALL OTHER CASES, SHOULD YOU BE DISSATISFIED WITH INOMICS, YOUR ONLY AVAILABLE COURSE OF REMEDIAL ACTION IS TO DESIST FROM USING INOMICS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, INOMICS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
a. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
b. If we fail to enforce any of this Statement, it will not be considered a waiver.
c. Any amendment to or waiver of this Statement must be made in writing and accepted and signed by us.
d. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
e. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
f. Nothing in this Statement shall prevent us from complying with the law.
g. This Statement does not confer any third party beneficiary rights.
You will comply with all applicable local, national and international laws when using or accessing INOMICS.
Version 1.0 - 14th March 2013
INOMICS is committed to ensuring that your privacy is protected.
Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Section A) Personal Details & Contact Information
A1) Private Personal Information (“Private Data”)
A2) Personal Information Visible to Others (“Public Data”)
A3) Website Activity Data & Cookies
Section B) Security and Transmission of Private Data
Section C) Links to other Websites & Plugins
Section D) Right of Disclosure and Account Deletion Procedure
Section A) Personal Details & Contact Information
What Information do we collect?
We collect information including but not limited to:
• name and job title
• contact information including email address
• demographic information
• preferences and interests
• other information relevant to customer surveys and/or offers
• education and work history
• preferences regarding what information you would like displayed or sent to you, for example for email alerts.
Whether the information is collected as Private Data or Public Data, depends where and how it is sent to us, as explained in the following sections.
A1) Private Personal Information (“Private Data”)
What is Private Data?
All data entered into user-account settings, and all data entered into the “billing information” section of online forms when posting announcements, is treated as private data. In addition contact information sent to us via email, for example in email signatures, is considered private data.
If Private Data is duplicated as Public Data (see section A2), for example if you enter your email address as both main contact and billing contact when submitting content, then it will be considered Public Data.
What do we do with the Private Data we gather?
We require this Private Data to be able to contact you, to understand your needs and provide you with a better service.
In addition, we may use your Private Data for the following reasons:
• Internal record keeping.
• To improve our products and services.
• To periodically contact you about new products, special offers or other information which we think you may find interesting.
• To contact you for market research purposes. We may contact you by email, phone, fax or mail.
• To customise the website according to your interests.
Any contact will be made directly by INOMICS. We will not pass on your contact information or other private data to third parties without your permission.
A2) Personal Information Visible to Others (“Public Data”)
What is Public Data?
All information displayed on or attached to Personal Profile pages, or to Announcements on INOMICS, including contact information, is treated as Public Data. When it is published, it is in the public domain and may be made visible and accessible to anybody with an internet connection.
How can I control my Public Data on INOMICS?
Your Public Data may be controlled or adjusted in the following ways:
• If you choose to activate a Personal Profile on INOMICS, some or all of the information you provide will also be displayed to the public.
• You have full control over what information is displayed online as Public Data at any time and can define what should be visible or not, either by changing your Personal Profile settings, or by contacting us at info (at) inomics.com .
• You may deactivate your public profile and hide all Public Data at any time, independent of your INOMICS user account, by changing your Personal Profile settings, or by contacting us at info (at) inomics.com.
What do we do with Public Data?
We require this information primarily so that you can publish your Personal Profile or connect and share information with others on the INOMICS platform.
We may use Public Data for the same purposes as we use Private Data, as explained in section A1.
• We may collate and hightlight your Public Data for third parties, for example recruiters who are interested in employing you, by bringing your Personal Profile to their attention. You can modify what information is available by editing your Personal Profile or Account Settings. If you have chosen to include your contact details among your Public Data, this may result in your being contacted directly by third parties to whom this data has been made available. We will only use your Public Data in in this way, and will never pass on your Private Data, which you have chosen to keep hidden from third parties.
• Please note that if other users have saved or collected the information displayed on your public profile, then this is beyond INOMICS control and you accept that we are not responsible for the distribution of this information once it has been copied by someone else.
A3) Website Activity Data & Cookies
What information do we collect?
We collect information about how logged-in registered users and logged-out/unregistered visitors are using the INOMICS website. This may include, but is not limited to information about login times, login duration, activity whilst online and the IP address from which our services are being accessed.
Cookies – What they are and how we use them
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, your computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally. These pieces of information are used to improve services for you.
There are two types of cookie you may encounter when using this site :
First party cookies: these are our own cookies, controlled by us and used to provide information about usage of our site – we’ve listed each of them below with more details about why we use them and how long they will last.
First party cookies: Cookies set by this website:
Purpose: Authentication session to prevent having to login multiple times in one browser session.
Typical Content: A unique id that ties the current session to a database settings table
Expires: After one week
Expires: On site exit
Third party cookies: Cookies from other providers:
We use a number of suppliers who may also set cookies on their websites’ on its behalf. This site does not control the dissemination of these cookies. You should check the third party websites for more information about these.
Cookie Label(s): _atuvc
Provider: Google Analytics
Cookie Label(s): _utma _utmb _utmc _utmz
Description: These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
How we Store and Process Website Activity Data
INOMICS may store identifiable information about your activity for a maximum of three days, for example what pages were visited by which users and from which IP addresses. We may process this data for security reasons, for example if we suspect illegal use of the website or fraud.
After three days, identifiable information that we have collected about the online activity of unregistered users is automatically deleted. For registered users with an INOMICS account, after this three day limit, all identifiable information about pages visited is deleted. The only information we retain regarding your online activity are your main account settings, your last login time, and any information related to content you have explicitly uploaded or shared on INOMICS, for example the time and date it was uploaded. Any other information about site usage that could be identifiable to individuals is automatically removed.
Anonymous data about site usage, including but not limited to the number of times a page has been visited, the number of times people in different locations accessed our website, or which content was viewed before or after visiting other pages (referal pages and destination pages), may be collected and stored indefinitely. This data is not personally identifiable and is used only for statistical analysis of which pages are popular and how the INOMICS website is used, in order that we can improve our services and describe INOMICS user-base to our partners and customers
Section B) Security & Transmission of Private Data
Who can access private data?
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure of your Private Data, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online, including using secure servers and password-protecting access to Private Data.
Distribution of Private Data
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.
Section C) Links to other websites and Plugins
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
INOMICS uses plug-ins on its website, for example those provided by social-media platforms like Facebook and Google, which we hope improves user-experience and helps users to interact socially with their colleagues and friends using these services. INOMICS is not responsible for any information collected by such plugins, and users that click on or interact with these plug-ins do so according to the terms and conditions provided by the platforms in question, and do not hold INOMICS responsible for any data collected by these platforms as a result.
Section D) Right of Disclosure and Account Deletion Procedure
You may request details of personal information which we hold about you. If you would like a copy of the information held on you please write to INOMICS GmbH, Am Kupfergraben 6A, 10117 Berlin, Germany, or email info (at) inomics.com .
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
If you wish for your account to be deleted, please write to INOMICS GmbH, Am Kupfergraben 6A, 10117 Berlin, Germany, or email info (at) inomics.com .