Welcome to this website operated by the Initiative For A Competitive Online Marketplace (“ICOMP”, referred to also as “we”, “us”, and “our” throughout this document). For more information about ICOMP, see “About Us”. In exchange for access to this website, www.i-comp.org (the “Site”), users (“you”) must agree to enter into a contract, called the Terms of Service, with ICOMP.
Please read these Terms of Service carefully before accessing or using the Site. This document is a legal contract, and by using the Site you – on behalf of yourself and your employer, if applicable – agree to its terms. If you do not agree to these Terms of Service, or if you have not been authorised to agree to these Terms of Service on behalf of your employer, you are not authorised to access the Site, and you must discontinue use of this Site immediately.
ICOMP reserves the right to change these Terms of Service at any time at its sole discretion. The most current version of the Terms of Service can be accessed on the Site. You should check the Site from time to time to review the then current Terms of Service agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Terms of Service.
You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any notice from ICOMP. As a condition of your access and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Service.
2. User Conduct
You agree and warrant that you will not use the Site to participate, act, provide, or do anything that is either illegal or inconsistent with these Terms of Service, or that we deem improper, including, but not limited to, piracy, copyright infringement, trademark infringement, breach of the law of slander and libel, breach of the law of privacy and publicity, harassment of other users, insider trading, distribution of unsolicited commercial messages via email, fax, or telephone, or anticompetitive or violent behavior.
Without limiting the foregoing, you agree not to:
- delete or revise any material or other information of any other user or ICOMP;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- solicit the Site’s Members or guests to join outside sites or online sites or organisations; or
- engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of ICOMP, exposes ICOMP or any of its affiliates, members or suppliers to any liability or detriment of any type.
You further agree that you will only access the Site through the interfaces we provide and that you will not violate or attempt to violate the security of the Site, including, without limitation:
- taking any action that could have the effect of damaging the Site or its security, or interfere with other users’ use of the Site, including by imposing an unreasonable or disproportionately large load on the Site’s infrastructure;
- using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site other than through the search engine and search agents available from ICOMP and other generally available third-party providers;
- using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate, search, or collect data from the Site other than the search engine and search agents available from ICOMP on the Site and other than generally available third-party web browsers;
- attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- accessing data not intended for you or logging into a server or account that you are not authorised to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or
- attempting to interfere with service to any user, host, or network.
Violations of system or network security may result in civil or criminal liability. In accordance with this Terms of Service agreement, ICOMP will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
You agree to use the Site in accordance with all applicable laws. As a condition of your access to the Site, you warrant that you will not use the Site for any purpose that is either unlawful or inconsistent with these Terms of Service. We may restrict, suspend, or terminate your access to the Site without notice to you if we believe that you have violated any law or these Terms of Service.
3. Registration, Account Security, and Eligibility
Access to many portions of the Site are restricted to signatories of the ICOMP petition (“Members”), (“Restricted Areas”). To become a Member, you submit your details on the Sign the Petition page, whereupon a user name and password will be sent to you by email for subsequent use on the Member Login page.
If you use an account belonging to a corporate Member, you warrant that you are an employee of the Member and that you are authorised by the Member to use the Member’s account. You may not use another person’s password to access the Site, but you may access Restricted Areas using a password issued to your employer if your employer is a Member and has authorised you to use its password.
If you forget your password you may provide us with your username using the appropriate form on the Site and we will send your password to the email address you provided during registration.
You are responsible for maintaining the confidentiality of your password, and you agree not to share your password with anyone or allow anyone to use your account. You also agree to take full responsibility for any activity that occurs through the use of your account. If you become aware that any other person has accessed your account or has obtained your password, you agree to notify firstname.lastname@example.org immediately. We will not be liable for any loss or damage that you or any other party may incur as a result of someone else using your password or account, either with or without your knowledge. However, even if you notify us, you will be responsible for any loss or damage incurred by us or any other party due to someone else using your account or password, both before and after the notification.
The Site contains business-related content that is neither intended nor appropriate for children. Accordingly, you may only register for or use the Site if you are over the age of 18.
4. Accuracy, Publication, and Use of Personal Information
Whenever we ask you to identify yourself, or for other personal information, you agree to provide truthful, accurate, current, and complete information, and to keep this information truthful, accurate, current, and complete throughout the time you remain a Member. You also represent and warrant that you have obtained all necessary consents, approvals and authorisations to provide the personal information to ICOMP, and that you are not violating any laws, rules or regulations or the rights of any individual or entity, by providing such personal information. ICOMP may make information about its Members (including contact and institutional information) available to other Members. You authorise ICOMP to share contact and institutional information about you with other Members. By agreeing to these Terms of Service you authorise us to make your information available in this way.
You also agree to respect the privacy of other users. If you obtain contact information for any other user through the Site, you agree to use that contact information only for legitimate business communications and that you will not use information obtained from the Site to send, cause to be sent, or assist in the transmission of, unsolicited commercial messages (known as “spam”) to any other users through any medium. You also agree not to provide contact information for other users obtained through the Site to any third party.
6. Interactive Services and User Content
Certain portions of the Site include interactive services, which permit Members to submit content for publication on the Site or to communicate with each other. If your account is used to submit, post, or add content to the Site or to contact another user (collectively, “User Submissions”), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.
When you provide any User Submission to us, you grant us and our affiliates and partners a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.
The Site provides a forum for business networking and interaction, and we require all users to behave with professionalism and respect. By using the Site, you agree that none of your User Submissions will:
- infringe on the trademark, copyright, patent, trade secret, or any third party proprietary right (including, without limitation, data protection laws, rights of privacy, or rights of publicity);
- contain false or misleading statements or misrepresentations that could damage ICOMP or any third party;
- include obscene, libelous, defamatory, threatening, harassing, inflammatory, abusive, hateful, discriminatory, sexually explicit, sexually oriented, profane, offensive or embarrassing material, as determined by ICOMP in its sole discretion;
- be illegal or otherwise objectionable to ICOMP;
- include commercial advertisements or solicitations; or
- purport to or actually provide legal or professional advice.
Because the Site is available to the public, we cannot guarantee that any User Submissions, even those that you do not intentionally publish, will remain confidential, nor do we guarantee that User Submissions published in a Restricted Area will be available only to Members.
Although you are solely responsible for the content you provide and we do not have a policy of reviewing or monitoring all User Submissions, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.
If you believe that any User Submissions appear to violate these Terms of Service, or if you believe any other user is engaged in illegal, harassing, or objectionable behavior, please contact us by e-mailing email@example.com, using the subject line “Online Compliance.”
You understand and agree that User Submissions are neither owned by nor provided by ICOMP, and that ICOMP is in no way responsible for such User Submissions or any related conduct or practices.
The entire contents of the Site is subject to copyright protection under the laws of member states of the European Union and other countries. You acknowledge that misappropriation, misuse, or redistribution of content on the Site could cause irreparable harm to ICOMP or to third parties. Permission is granted to display, copy, distribute, and download the materials on the Site for personal, noncommercial, or internal business use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works of, transmit, sell or offer for resale, or in any way exploit any part of the Site without our express written permission. You also may not “mirror” any material contained on this Site on any other server without prior written permission from ICOMP.
8. Notice of Copyright Infringement
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorisation in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that you have a good-faith belief that the use of the copyrighted work is not authorised by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorised to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of the copyright owner or someone authorised on the owner’s behalf to assert infringement of copyright and to submit the statement.
Our copyright agent for notice of claims of infringement on the Site is:
020 7300 6150
24 Bloomsbury Way, London, WC1A 2PX
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Site.
All rights in the product names, company names, trade names, logos, service marks, product packaging, and trade dress, whether or not appearing in large print or with the trademark symbol (collectively, the “Trademarks”) displayed on the Site belong exclusively to ICOMP or their respective owners and are prohibited from imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of the Trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under the Trademarks or any patent of ICOMP or any third party.
10. Limitations on Access to Content
In order to protect the content included on the Site, including within certain Restricted Areas, we may place limits on specific users’ access to our content. For example, in order to prevent unauthorised distribution, we may place a limit on the number of files a user can download from the Site. If you attempt to download more than the preset number of files, we may lock your account, preventing you from downloading any further content. We will notify you if your account is locked, and we will give you the opportunity to request that your account be unlocked by emailing us at firstname.lastname@example.org or by another method that we may establish.
In addition, to prevent unauthorised distribution, we may place technological restrictions on your use of content downloaded from the Site, including technology known as “digital rights management.” This technology may prevent you from transferring content between computers or redistributing it, and you agree that any technological restrictions we impose will govern your use of that content. However, your use of content distributed on the Site is subject to the restrictions on redistribution or reuse described above even if we choose not to impose technological restrictions to prevent your violation of these Terms of Service.
If you wish to make a use of our content that is not permitted by these Terms of Service or by any technological restrictions we impose, you may contact us to describe your proposed use and ask for permission to use the content in the proposed manner, but you may not attempt to reverse-engineer or avoid any technological restrictions that we impose. If we grant permission to use our content in a manner that is inconsistent with these Terms of Service or with any technological restriction we impose, we must do so in writing.
11. No Professional Advice
Any information supplied by any employee or agent of ICOMP, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of the Site or other ICOMP services, and does not constitute legal, tax, medical, accounting, or other professional advice. In addition, the content provided on the Site, including User Submissions, is intended as general educational information, not specific professional advice. Individual situations and state laws vary, and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
12. Third Parties and Third Party Websites and Links
We may partner with other online services to provide the services on the Site to you. We endeavor to ensure that any third parties with whom we partner are of a similarly high standard to ensure service continuity.
We may, as a convenience to users, provide links to third-party content and other websites on the Site. By clicking on these links and accessing these other websites, you will be leaving the Site, and accessing these other websites at your sole discretion. Similarly, the Site may be accessed through third party links over which we have no control. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.
13. Disclaimer of Warranties
Our products and services, including the Site, any User Submissions, and links from the Site to any third-party sites, are provided “as is”, and we make no representation or warranty of any kind with respect to them.
We disclaim, to the maximum extent permitted by law, any and all (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third party intellectual property or proprietary rights, (c) warranties relating to the transmission or delivery of the Site, (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the Site or otherwise by ICOMP, (e) warranties relating to the accuracy, reliability, correctness, or completeness of any content or information contained in third party websites that link to or from the Site, or relating to products or services that you purchase from third parties, and (f) warranties otherwise relating to performance, nonperformance, or other acts or omissions by ICOMP or any third party. Further, there is no warranty that the Site will meet your needs or requirements or the needs or requirements of any other person.
We make no warranties or representations, express or implied, (a) that the information provided through the Site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the Site will be available at any particular time or location; (c) that defects or errors in the Site will be corrected; or (d) that the content on the Site will be free of viruses or other harmful components. Any information on the Site is subject to change without notice, and we disclaim all responsibility for these changes.
14. Limitation of Liability
Your sole and exclusive remedy for any breach of this Agreement or for any other cause of action arising under this Agreement is your right to terminate this Agreement immediately upon notice to ICOMP. You agree that we will not be liable under any circumstances for any direct, indirect, consequential, special, exemplary, punitive or other damages, including lost profits or costs or attorney’s fees, arising out of or relating to your use of the Site or your relationship with ICOMP under any legal theory, including but not limited to breach of contract, breach of warranty, defamation, negligence, or strict liability. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law, but the provisions of this section shall in any case be interpreted to limit our liability to the greatest extent permitted by law.
In the event that you have a dispute with another user related to, arising from, or in any way connected with your use of the Site, you release ICOMP from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute, and agree to hold ICOMP harmless in connection with any such dispute.
You agree to indemnify ICOMP and our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (the “ICOMP parties”) against, and hold the ICOMP parties harmless from claims, liability, losses, costs, and expenses (including attorney’s fees) incurred as a result of or in connection with your use of the Site. This indemnity shall survive the termination of the terms of service and your use of the Site.
ICOMP reserves the right, in its sole discretion, to terminate, suspend, or limit your access to the Site, or any portion thereof, at any time without notice to you. The provisions of these Terms of Service will survive any termination, except that you will not be permitted to use the Site to the extent that we terminate, suspend, or limit your access. You may stop using the Site at any time. You do not need to specifically inform ICOMP when you stop using the Site.
17. Governing Law and Integration
You agree that any dispute between you and ICOMP will be governed by the law of England and Wales and that any legal action brought by one party against the other will be brought in the courts of England and Wales.
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and ICOMP and govern your use of the Site, superseding any prior or contemporaneous communications and proposals in any form between you and ICOMP. If any part of this Terms of Service agreement are determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Service shall remain in effect.
18. No Waiver
If we fail, at any time during the term of your use of the Site, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.
19. Relationship of the Parties; Electronic Contracting
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ICOMP as a result of these Terms of Service or your access to and use of the Site. You further agree that a printed version of this Terms of Service agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. Written Communication
When using the Site, you accept that communication with us will be mainly in electronic format. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us, including any complaints that you might have about the Site, must be sent to the PO Box Address: BCM Box ICOMP, London, WC1N 3XX or by email at email@example.com. We may give notice to you at the e-mail address you provide to us when you register. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an e-mail is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Please contact firstname.lastname@example.org if you have any questions or comments about this Terms of Service agreement.
Last Updated: [ ] January 2009