ISVWorld – Terms & Conditions

Acceptance of Terms

1. When you check the box "I have read and agree with the ISVWorld terms and conditions of use" you agree to be bound by these terms. If you do not agree to all of the terms in the Agreement, please close the website in your browser. ISVWorld reserves the right to modify these “terms and conditions of use” at any time without explicit notice to you until your next login. If you continue to use the product (as defined in paragraph 2) thereafter, your continued usage and/or participation constitutes acceptance of the changes and an Agreement to be bound by the new terms, as amended. If you do not agree to the changes, you agree to discontinue your use of the product. You can always review the most current version of this Agreement at any time at: http://www.isvworld.com/terms-and-conditions.
2. ISVWorld.com (the "Site") is operated by ISVWorld BV ("ISVWorld" or "we" or "our"). Subject to and without limiting the terms of your obligations under any legally binding contract pertaining to the subject matter hereof ("Contract") between ISVWorld and you (“subscriber”) or between ISVWorld and your employer or a party for whom you perform services ("you and the party to any such Contract being a "Client"), by using this Site and registering on this Site you accept our Privacy Policy and agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or content on the Site ("Terms and conditions of use").
    

Subscription Terms and Fees

1. A new subscription will become effective immediately upon completion of the online order form, reception of the subscription payment and Agreement to our Terms & Conditions and our Privacy Policy. Payments for the first contract will be calculated starting from the first day of the month following receipt of the order form and will be effectively for twelve months as of that date. Subsequent renewals will all be invoiced 1 month prior to the (next) year that the invoice covers. Any negotiated discounts apply to the first year subscription only.
2. The subscription and this Agreement will remain in effect thereafter for successive years so long as annual subscription fees are paid. Either party may terminate this Agreement by at least 60 days written notice prior to the next renewal date to the other party. Termination will then be effective on the next renewal date.
3. The annual fees for this subscription will vary by type of subscription, number of named users and type of services. We will always publish a current Subscription Fee Schedule on our website. Fees may be raised or lowered annually (and are applicable to the next renewal term) by the published inflation rate in the Netherlands + 2%. Increases of fees beyond that will require written notice from ISVWorld to the subscriber, given at least three months before the renewal date.
4. Subscription renewals must be paid on or before the renewal date or we reserve the right to suspend our services to you until the amounts are paid in full. As a result the subscription and user accounts will be blocked until all amounts are paid in full. If any charges are not received from you by the due date, then at our discretion such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid.
5. The subscriber shall be responsible for all costs associated with establishing access to the ISVWorld database, including but not limited to any telecommunications or other charges imposed by carriers, proprietary network operators and Internet access providers, or licenses for browser software, if any. The subscriber shall be responsible for ensuring all credits are used during the contract year, as credits expire at the end of a subscription year. The subscriber shall also be responsible for all costs associated with printing from the database, and for any taxes relating to the Subscriber's or authorized Users' use of the database. ISVWorld reserves the right to add customer names to their customer list, but will always request explicit approval from a customer if it likes to use a customer as a reference or in connection with additional materials or information.
    

Third Party

The Subscriber is not permitted to provide a third party with any of the ISVWorld Content unless:

1. Such third party is a company operating marketing and lead generation campaigns; and
2. Such third party has entered into a marketing services processor Agreement with ISVWorld; and
3. Such Content is solely used by such third party for marketing and lead generation campaigns on behalf of the Subscriber’s organization; and
4. No more Content is provided than is strictly necessary for that purpose; and
5. Such third party shall enter into an effective and enforceable Agreement with the Subscriber that, inter alia, shall contain the obligation of such third party to:
   • Solely use the Content provided for marketing and lead generation campaigns on behalf of the Subscriber’s organization; and
   • Disclose the Content no further than is necessary for such purpose; and
   • Immediately delete all Content in as far such Content is not necessary or not necessary anymore for marketing and lead generation campaigns on behalf of the Subscriber’s organization and/or upon termination of the Agreement under which such marketing is performed; and/or upon termination of the Agreement between ISVWorld and Subscriber; and
   • Keep the Content secret and use all reasonable measures to prevent unauthorized access to the Content.
   • In the event of a breach of any of the obligations in the preceding provision by Subscriber and/or in the event of a breach of the obligations sub a. up to and including d. by such marketing company (regardless whether or not any enforceable Agreement between the Subscriber and such marketing company exists), the Subscriber shall, by virtue of law, without any action being required, forfeit to ISVWorld an immediately payable penalty in the amount of EUR 10,000.-- for each breach and EUR 2,000.— for each day a breach isn’t cured, all without prejudice to ISVWorld’s other rights, including its right to claim compensation of its actual damages and to claim compliance in any way with the obligations concerned.
     ISVWorld might add content to the Content designed solely to enable ISVWorld to control the permitted use of the Content. Unless and in as far the Subscriber shall prove otherwise, any unpermitted use of such content shall constitute full prove of unpermitted use of all Content.
      

Access to the Database

1. Access to the ISVWorld database shall be controlled by ISVWorld through the use of username/password combinations for named users, is strictly named users only and will be controlled a/o through IP addresses.
2. The Subscriber shall be responsible for verifying the status of named users and updating access lists when necessary. The main subscriber and other named users in the organization he or she represents shall always cooperate with ISVWorld in the enforcement of existing security procedures and the implementation of additional security procedures as they are developed.
3. ISVWorld works with named users, not with concurrent users. Hence, each User License enables access to the product by 1 (one) named user representing a single client user. If a named user had to be removed from the access list he can be replaced by a new user, but he can never be added back in.
    

Suspension or Termination of Access

In the event of a material breach of this Agreement by the Subscriber and this breach is not repaired within the 30-days notice by ISVWorld that such breach has occurred, the Subscriber shall immediately cease using the product and the contract shall be terminated.
 

Returns Policy

Due to the nature of the products, refunds cannot be granted.
 

Scope of Subscription License

1. The subscription includes authorized access for authorized named users by means of username/password combinations. Authorized named users must be employees, faculty, staff, consultants or students officially affiliated with the subscriber, or authorized clients of the subscriber’s facilities. 
2. An authorized named user may not make ISVWorld available to anyone other than another authorized named user, whether by permitting access through his or her terminal or computer, or by other similar or dissimilar means or arrangements.
3. All authorized named users are solely responsible for all security, and all use (including unauthorized use) of ISVWorld provided to its username/password combination, and will undertake reasonable and appropriate methods to enforce the terms of access. Enforcement must not violate the privacy and confidentiality of other authorized users.
4. ISVWorld encourages its clients to use its data and market intelligence for internal information and communications purposes. The use of graphics and the quotation of individual sentences and paragraphs in your company's internal documents and communications does not require permission from ISVWorld, but it must provide the following attribution, "Source: ISVWorld".
5. We encourage our users to maximize their commercial benefits of ISVWorld, but unless explicitly agreed in writing, the Subscriber or users may not utilize the ISVWorld database for commercial purposes such as reselling or (re-) publishing of data or information. This is not limited to the sale of materials, fee-for-service use of the database, or bulk reproduction or (re-) distribution of materials in any form; nor may the Subscriber impose special charges on other authorized users for use of the database.
6. The Subscriber shall use reasonable efforts to protect the database from any use that is not permitted under this Agreement, and shall notify ISVWorld of any such use of which it learns or is notified. In the event of a violation, the Subscriber agrees to consider the imposition of further restrictions on access to the database. The Subscriber understands that Internet browser software is required to access the ISVWorld database. Internet Explorer 7+, Firefox 5+ and Chrome 11+ are the supported browsers.
    

Use of Site and Content and Copyright

1. You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the "Content") solely for your or your organization's internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by ISVWorld in writing, authorized through the subscription packages ISVWorld offers, or expressly permitted in these Terms of Use.
2. Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations' products or services unless explicitly authorized by ISVWorld in writing. External citations to the Content are allowed if ISVWorld is mentioned as the source.
   The Site and all of the ISVWorld Content are protected by international copyright laws and conventions, and belong to ISVWorld, its licensors or other current owners of that content. No right, title or interest in any Content is transferred to you.
3. You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.
    

Secured Areas

1. Access to certain areas of the Site may be restricted ("Secured Areas") to Clients with a specific subscription level or subscription type. You are not authorized to access any areas unless you have received authorization from ISVWorld (or from your employer if your employer has been authorized by us) for those areas. 
2. You may never use another person's password to access the Site or parts of the Site
3. If you are a Client, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Site or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Secured Areas with any other individuals or third parties, except as expressly provided in these Terms of Use or in your Contract. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password.
    

Interactive Services

1. Certain areas of the Site contain interactive services, where visitors are permitted to post comments that may or may not be made accessible for other users on the Site. If you elect to use such interactive services, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on the Site ("User Content").
2. ISVWorld welcomes users that provide enriched content. You may submit User Content so long as the content is not illegal, obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You should not, however, upload any of the following types of information: personally identifiable information including (i) drivers license numbers, (ii) passport numbers, (iii) social security, tax identification or similar numbers, or (iv) bank, checking, credit card, debit card, or other financial account numbers. You hereby grant ISVWorld a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at ISVWorld’s discretion. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity. ISVWorld takes no responsibility and assumes no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content. ISVWorld reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.
3. Notwithstanding any language to the contrary in your Contract or any other Agreement, by posting any User Content on this Site you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or Client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.
    

Making Claims of Copyright Infringement

Any notification of claimed copyright infringement relating to this Site should be addressed to: ISVWorld BV, Weteringschans 165, 1017 XD Amsterdam, The Netherlands.
 

Accuracy of Information

The Content on this Site is based on ISVWorld's reasonable efforts to develop technology that compiles and analyzes the best sources of public data reasonably available at any given time. Any content reflects ISVWorld's best efforts to optimize its collect and compile algorithms at any point of time and is subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.
 

Warranties Disclaimer

This site and the content are provided "as is," and ISVWorld does not make any warranties, express or implied, with respect to the site or the content. To the maximum extent permitted by law, we further disclaim all warranties (i) relating to the accuracy, reliability, correctness, or completeness of the content or any portion thereof that is made available on the Site; (ii) that the content provided through the site will be free from errors, omissions, defects, or delays in operation, or from technical inaccuracies or other errors; (iii) that the Content shall not infringe the intellectual property or proprietary rights of any third party; (iv) that the Content will be free of viruses or other harmful components; or (v) that the Site will be available at any particular time or location.
 

Limitations on Liability

You agree that ISVWorld shall not be liable under any circumstances or under any theory of law for any direct, indirect, special, consequential or incidental damages, including without limitation, damages for lost profits, business failure or loss, arising out of your use of the site, the content or user content, whether or not ISVWorld has been advised of the possibility of such damages. You agree further that ISVWorld shall not be liable for any damages incurred by you arising as a result of reliance upon the Content, User Content or the Site or any claim attributable to errors, omissions or other inaccuracies in the content or the Site or interpretations thereof. In jurisdictions that do not allow the exclusion or limitation of incidental or consequential damages, ISVWorld's liability in such jurisdictions shall be limited to the extent permitted by law, and the terms limiting ISVWorld's liability in this section shall in any case be interpreted to limit ISVWorld's liability to the greatest extent permitted by law. ISVWorld’s maximum liability for any and all claims arising under this Agreement shall be limited to and shall not exceed the latest annual amount of the monies paid to ISVWorld hereunder.
 

Indemnification

You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless ISVWorld, its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.
 

Governing Law

These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the laws of the European Community and the laws of the Netherlands without reference to the conflicts of law provisions therein. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Site or these Terms of Use to the jurisdiction of these courts sitting.
 

Links

ISVWorld provides many links to third-party content and other web sites on the Site. We do not endorse, sponsor, or accept any responsibility for such material and we cannot warrant, or guarantee the products, services, or information described or offered. We are not responsible for the availability, content or privacy practices of any linked sites.
ISVWorld B.V. ,
Weteringschans 165c,
1017XD Amsterdam, Netherlands
Chamber of Commerce Amsterdam, 30282408
VAT: NL8219.96.782.B01