Terms of use

By accessing, viewing, downloading or otherwise using Vividlinks.eu or any webpage or feature available through Vividlinks.eu, any information provided as part of the Vividlinks.eu services, or any related emails, newsletters or services (hereinafter collectively “Vividlinks.eu” or the “Services”), or by clicking “Register” during the registration process, you conclude a legally binding agreement with Vividlinks.eu (“we”) based on the terms of this Vividlinks.eu User Agreement (“Agreement”) and become a Vividlinks.eu user (“User”). If you are using Vividlinks.eu on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use any Vividlinks.eu webpage, information or services.

We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. 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.

1. Your Obligations — What You Must Do

Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:

• DOs and DON’Ts
• Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content
• Other Notices
• Vividlinks’s Privacy Policy

License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royaltyfree right 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. 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. You further agree to inform Vividlinks.eu in the event that any such information has changed since your registration with Vividlinks.eu and, if appropriate, you agree to make such modifications yourself to your profile.

Vividlinks.eu exercises no control over any content you or others submit while using Vividlinks..eu Vividlinks.eu 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. Note that we describe our current practices related to personally identifiable information collected through Vividlinks.eu in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Vividlinks.eu.

Prior to joining Vividlinks.eu, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of Vividlinks.eu Users and to Vividlinks.eu and you must not communicate to Vividlinks.eu and its Users any information the dissemination of which could be harmful to you.

Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from Vividlinks.eu; (c) are not a direct competitor of Vividlinks.eu; (d) do not have more than one Vividlinks.eu account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to Vividlinks.eu, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (admin@vividlinks.eu) close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Vividlinks.eu account or any information therein to another party or charging anyone for access to any portion of Vividlinks.eu, or any information therein.

Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to Vividlinks or (c) any activity in which you engage on or through the Vividlinks.eu.

Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.

Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

Forums/Blogs/: Vividlinks.eu may include various forums and blogs where you can post your observations and comments on designated topics. Vividlinks.eu 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 the Service. VIVIDLINKS.EU AND THE VIVIDLINKS.EU AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS AND BLOGS.

Privacy: You should carefully read our full Privacy Policy before deciding to become a User of Vividlinks.eu. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.

2. Your Rights — What You May Do
   
   On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on Vividlinks.eu webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. We grant you no other rights, implied or otherwise.

3. Our Rights and Obligations — What We Must And May Do
   
   The purpose of Vividlinks.eu is to create an Euregional Career Community where Life Sciences professionals meet. It is intended that Users only link to other Users who they currently know and seek to further develop a professional relationship with those Users.
   
   Any other use of Vividlinks.eu (such as seeking to connect to someone a User does not know or to use Vividlinks.eu as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
   
   We allow you to access Vividlinks.eu as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Vividlinks.eu, partially or entirely, or to charge and modify prices for Vividlinks.eu. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Vividlinks.eu and all related items.
   
   Vividlinks.eu reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Vividlinks has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
   
   Vividlinks.eu may include or automatically produce links to third party web sites (“Third Party Sites”). Vividlinks.eu is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Vividlinks.eu may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Vividlinks.eu 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 and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Vividlinks.eu or relating to any applications you use or install from the site.
   
   You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we 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 claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Vividlinks.eu, the Vividlinks.eu Affiliates, its Users and the public.
   
   Vividlinks.eu may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
   
   You are solely responsible for your interactions with other members. Vividlinks.eu reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Vividlinks.eu determines, in its sole discretion, that doing so is prudent.

4. Disclaimer
   
   SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
   
   We try to keep Vividlinks.eu up, bug-free, and safe, but you use it at your own risk. Do not rely on Vividlinks.eu, any information therein, or its continuation. We provide the platform for Vividlinks.eu and all information and services on an ‘as is’ and ‘as available’ basis. We do not provide any express warranties or representations.
   
   The fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If you are dissatisfied or harmed by Vividlinks.eu or anything related to Vividlinks.eu, you must leave the website of Vividlinks.eu.
   
   Vividlinks.eu is not responsible, and makes no representations or warranties for the delivery of any messages (such as inmails, posting of text or transmission of any other user generated content) sent through Vividlinks.eu to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology.
   
   Vividlinks.eu does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Vividlinks.eu declines all liability for identity theft or any other misuse of your identity or information.
   
   Vividlinks.eu does not guarantee that the services which it provides will function without interruption or errors in functioning. In particular, their operation may be momentarily interrupted due to maintenance, updates, or technical improvements. Vividlinks.eu disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Vividlinks.eu disclaims all liability for any misfunctioning, impossibility of access, or poor use conditions of the Vividlinks.eu site due to inappropriate equipment, disturbances linked to the internet service provider, to the saturation of the internet network, and for any other reason unrelated to Vividlinks.eu.

5. Limitation of Liability
   
   SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
   
   Neither Vividlinks.eu nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Vividlinks.eu Affiliates”) shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Vividlinks.eu even if Vividlinks.eu is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:

1. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
   
   

2. not apply to any damage that Vividlinks.eu Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
   

6. Termination
   
   You may terminate this Agreement, for any or no cause, at any time, with notice to Vividlinks.eu which shall be effective upon Vividlinks.eu processing such notice. Vividlinks.eu 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. For avoidance of doubt, your access to any paid services may be terminated only by Vividlinks.eu or the party paying for such services. Termination of your Vividlinks.eu account includes disabling your access to Vividlinks.eu (including any content you submitted or others submitted) and may also bar you from any future use of Vividlinks.eu.

7. Consequences of Termination
   
   Upon termination, you lose access to Vividlinks. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.

8.  General Terms
   
   Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
   
   Notices: We may notify you via postings on www.Vividlinks.eu, and via email or any other communications means to contact information you provide to us. You may also notify us via email at info@vividlinks.eu, any notices that you provide without compliance with this Section on Notices shall have no legal effect.
   
   Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service 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.
   
   Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.Vividlinks.eu or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
   
   No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Vividlinks.eu Affiliate shall be deemed legally binding on any Vividlinks.eu Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Vividlinks.eu.
   
   No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
   
   Beneficiaries: Vividlinks.eu 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: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Vividlinks.eu Corporation for any third party that assumes our rights and obligations under this Agreement.

9.  Vividlinks.eu User DOs & DON’Ts

 As a condition to access Vividlinks.eu, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

DO

• comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
  

• provide accurate information to us and update it as necessary;

• review the Privacy Policy;

• review and comply with notices sent by Vividlinks.eu concerning Vividlinks.eu;

DON’T

• duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Vividlinks.eu (excluding content posted by you) except as permitted in the User Agreement;

• reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide Vividlinks.eu, or any part thereof;

• include information in your profile which reveals your identity such as an email address, phone number or address or is confidential in nature;

• utilize information, content or any data you view on and/or obtain from Vividlinks.eu to provide any service that is competitive, in Vividlinks.eu’s sole discretion, with Vividlinks.eu;

• imply or state, directly or indirectly, that you are affiliated with or endorsed by Vividlinks.eu unless you have entered in to a written agreement with Vividlinks.eu Corporation (this includes representing yourself as an accredited Vividlinks.eu trainer if you have not been certified by Vividlinks.eu as such);

• adapt, modify or create derivative works based on Vividlinks.eu or technology underlying the Services, or other Users’ content, in whole or part;

• rent, lease, loan, trade, sell/re-sell access to Vividlinks or any information therein, or the equivalent, in whole or part;

• deep-link to the Site for any purpose, (i.e. including a link to a Vividlinks.eu web page other than Vividlinks.eu home page) unless expressly authorized in writing by Vividlinks.eu or for the purpose of promoting your profile or a Group on Vividlinks.eu;

• access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval;

• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site;

• use automated methods to add contacts, send messages or other permitted activities;

• access, via automated or manual means or processes, Vividlinks.eu for purposes of monitoring its availability, performance or functionality or for any competitive purpose;

• engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Vividlinks.eu website;

• attempt to or actually access Vividlinks.eu by any means other than through the interface provided by Vividlinks.eu;

• attempt to or actually override any security component included in or underlying Vividlinks.eu;

• engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolici ted communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;

• remove any copyright, trademark or other proprietary rights notices contained in or on Vividlinks.eu, including those of both Vividlinks.eu or any of its licensors;

• remove, cover or otherwise obscure any form of advertisement included as part of Vividlinks.eu;

• use any information obtained from Vividlinks.eu to harass, abuse or harm another person;

• collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Vividlinks.eu except as expressly permitted in the User Agreement or the owner of such information may expressly permit;

• interfere with or disrupt Vividlinks.eu, including but not limited to any servers or networks connected to Vividlinks.eu, or disobey any requirements, procedures, policies or regulations of networks connected to the Vividlinks.eu;

• invite people with whom you have no prior relationship to join your network;

• upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo;
  

• use or attempt to use another's account without authorization from the Company, or create a false identity on Vividlinks.eu;

• infringe or use Vividlinks.eu’s brand, logos and/or trademarks, including, without limitation, using the word “Vividlinks.eu” in any business name, email, or URL or including Vividlinks.ru’s trademarks and logos on any website without authorization;

• upload, post, email, transmit or otherwise make available or initiate any content that:

  • falsely states, impersonates or otherwise misrepresents 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;
  • is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
  • includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Vividlinks.eu;
  • includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Vividlinks.eu invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Vividlinks.eu to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases.
  • contains 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 of Vividlinks.eu or any User of Vividlinks.eu;
  • forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
  • adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).

• Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices;

Claims Regarding Copyright Infringement
Each User grants Vividlinks.eu a license to use the content supplied by each such User for the purposes of disclosure on the Vividlinks.eu website.

This license includes, inter alia, the right for Vividlinks.eu 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 Vividlinks and in general through any electronic communication media (email, SMS, MMS, WAP, Internet, CD Rom or DVD).

Each User expressly authorizes Vividlinks.eu to modify said content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement. The User is prohibited from copying, reproducing or otherwise using the content relating to other Users of Vividlinks.eu for any purpose other than for those purposes strictly related to use of the Vividlinks.eu services for personal purposes.

The following provisions apply and prevail over the above stated clauses if your country of registration is Germany, you are using Vividlinks.eu from Germany and you are using the German version of Vividlinks.eu:

Liability
Subject to the provisions contained in the following paragraph and irrespective of legal grounds, Vividlinks.eu is liable only for damages resulting from the intentional misconduct or gross negligence of Vividlinks.eu, its legal representatives, employees or authorized agents (“Agents”).

For damages resulting from the gross negligence of Vividlinks.eu or its Agents, liability is limited to damages commonly associated with the agreement in question. For damages caused by Vividlinks.eu or its Agents in the absence of intentional misconduct or gross negligence, Vividlinks.eu’s liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement’s purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (i) injuries to life, body and health, or (ii) the assumption of a guarantee or procurement risk. To the extent that Vividlinks’s liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of Vividlinks.eu Agents in cases in which a User sues Vividlinks.eu Agents directly.

Right of Revocation
If the User is a consumer (Sec. 13 German Civil Code), he or she may revoke registration in writing (by eMail) without stating a reason within two (2) weeks of registration. The two-week periods begin with the reception of this information in text form. For exercising this right it is sufficient to send the revocation of the contract to the following address: admin@vividlinks.eu

In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to Vividlinks.eu, then the User is obligated to reimburse Vividlinks.eu for the corresponding value. Each party must fulfill its obligation for reimbursement within 30 days. The deadline begins for the User with the dispatch of the revocation; for Vividlinks.eu, it begins with the reception of the revocation sent by the User. The right to revoke the contract expires if Vividlinks.eu has begun providing the service with the User’s explicit consent before the end of the deadline for the revocation or if the User has initiated the service himself or herself.

Vividlinks, October 15, 2009