1. GENERAL TERMS AND CONDITIONS
Thank you for visiting the Evidencio website/app (the "Site" or "website"). Please read the Terms and Conditions contained in this document carefully since any use of this site constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these terms and conditions, please do not use this website.
Throughout this site, the terms "we", "us", "our" and "Evidencio" refer to Evidencio BV, and any of its direct and indirect subsidiaries. "You" refers to any person accessing and/or using this website.
Evidencio hereby gives You a personal, non-exclusive, non-transferable, free of charge right to access and use the Site (without any right of sub-license).
You undertake to and agree with Evidencio that You will:
- not use the Site for or on behalf of any third party or to provide a service, except as may be espressly permitted by a separate subscription or license agreement between Evidencio and Yourself or an Organization you legally represent;
- limit Your use of the Site to Your own personal, internal academic or other non-commercial use, except as may be espressly permitted by a separate subscription or license agreement between Evidencio and Yourself or an Organization you legally represent;
- use the Site in accordance with the prevailing instructions and guidance for use given on the Site and faithfully comply with our procedures for user identification, authentication and access;
- comply with all applicable laws and regulations with respect to Your use of the Site; and
- except to the extent expressly permitted under this agreement, not attempt to: reverse compile, disassemble, reverse engineer or copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site in any form or media or by any means.
Evidencio may at its own discretion offer varying features, functionalities and services, limit usage quotas, or impose particular usage conditions to/for users identified as, for example "anonymous users", "registered users", "subscription users", and "API-users".
The Site may contain links to third-party sites or resources. Evidencio is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Evidencio. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
We welcome links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Evidencio. We grant a nonexclusive, limited permission ("Permission") to display the Trademarks contained in Evidencio domain names, brand names and logos to the owner(s) of any web sites ("Owner") that would like to develop a link between their site and the corresponding website owned by Evidencio ("Evidencio Site"). Links to an Evidencio Site other than the one using the Evidencio domain names, brand names or logos are not permitted. The materials on the Owner's site shall not imply any association with or relation to Evidencio or imply in any way that any materials from our Evidencio Site are maintained within Owner's web site.
No changes or modifications to the Evidencio domain names, brand names or logos may be made. Use of the Evidencio domain names, brand names or logos for purposes other than linking to the Evidencio Site is expressly forbidden. The domain names, brand names and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of Evidencio and its products. We retain and reserve all rights in and to Evidencio's trade names, trademarks, copyrights and all other intellectual property with respect to its domain names, brand names and logos. Evidencio reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names or logos must cease and the link between the web sites must terminate. Use of Evidencio trademarks, trade names, logos, copyrighted material or any other intellectual property of Evidencio for any purpose not stated herein is expressly forbidden.
D) LEGALLY-COMPELLED DISCLOSURE OF USER INFORMATION
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
E) SYSTEMS RELIABILITY
Evidencio aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Evidencio shall not be liable for lost altered, or corrupted information or non-availability of the Site.
F) PROHIBITED ACTIVITIES
You are prohibited from doing any act that Evidencio in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals
- Using this website to defame or libel Evidencio, its employees or other individuals or acting in such a way that brings into disrepute the good name of Evidencio;
- Uploading files that contain viruses that may cause damage to the property of Evidencio or the property of other individuals; and
- Posting or transmitting to this website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Evidencio's or any third party's systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane or is otherwise unlawful.
G) DISCLAIMER OF WARRANTIES AND LIABILITY
Neither Evidencio nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that any defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Site.
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH EVIDENCIO DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE AND ITS CONTENT, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.
To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. Medical and health care providers should exercise their own independent clinical judgment. No suggested test or procedure should be carried out unless, in the provider's judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EVIDENCIO OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR ITS CONTENT, PRODUCTS OR SERVCES, OR SHALL THE LIABILITY OF EVIDENCIO OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Evidencio does not claim ownership, endorse or take responsibility for any third-party products, information, guidelines, materials or services that may be offered, advertised, provided or displayed on the Site or incorporated in the Content, products or services contained on, accessible from or distributed through the Site.
H) EXPORT RESTRICTIONS
Software from this Site may be further subject to Export laws, rules and regulations, as amended from time to time.
I) MOBILE SERVICES
If Evidencio permits or makes available to you the ability to: (a) upload content to the website via your mobile telephone and/or tablet ("mobile device"), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively "Mobile Services"), your mobile carrier's standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Evidencio does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from Evidencio via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may "opt out" of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
J) JURISDICTION AND GOVERNING LAW
The Evidencio products, services, materials, offers and information appearing on this Site are intended for users and/or customers worldwide. However Evidencio makes no representation that the products, services, and content of this website are appropriate or available in locations other than the Netherlands.
You and Evidencio agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the Netherlands, without giving effect to any choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of the Netherlands.
2. USER CONTENT SUBMISSION GUIDELINES
We may allow you to comment on and participate in interactive features on our Site, e.g. our blog, or in social communities owned by Evidencio ("Communities"). We may also allow you to submit content and materials for use on our Site via our online submission form or email. For example, a calculator, formula or equation creator may be able to submit text, photographs, messages, or videos. The things you post or submit for use on our Site and Communities are "User Content".
You agree to these submission guidelines ("Guidelines"), our full Terms and Conditions and any additional terms by submitting User Content.
A) ALL USER CONTENT SUBMITTED TO US
You agree that your User Content is accurate and complete. You also agree that:
- Your User Content is created exclusively by you. This means that you did not copy it from any other source. If you did not create your User Content, anyone that created it or helped create it must give you permission to submit your User Content to us. You must obtain consent and a release from any person (or the legal guardians of any persons) depicted in your User Content before you submit it with full knowledge from these persons that we may exploit it in any manner whatsoever. Anyone you get consent from must understand that we will use the content you submit in any manner we think is appropriate.
- Your User Content does not threaten or disparage others. This includes not harassing or intimidating other users. It also includes not defaming or libeling anyone. Your User Content does not use hateful language. This includes not making negative comments connected to race, national origin or religion. You also cannot disparage someone because of their gender, age, or sexual preference.
- Your User Content does not disclose confidential or personal information about others. Your User Content will only disclose personal information with the other person's consent. This also means that your User Content does not include information you must keep confidential under contract. This also means that your User Content does not violate anyone's privacy or publicity rights.
B) USER CONTENT SUBMITTED FOR USE ON OUR SITE
- You agree that any material you submit to our page by upload, or otherwise, including any data, questions, comments, ideas, suggestions or the like ("Site Content") are, and will be treated as, non-confidential and non-proprietary.
- You grant us an unrestricted, royalty-free license to your submitted Site Content. We may use use your Site Content in any manner, including hosting, caching, copying, selling, or distributing your Site Content. You also understand that we may modify, edit, reformat, or translate your Site Content.
- You represent and warrant that you own your Site Content and have the right to grant the license described above. You further represent and warrant that our use of your Site Content will not violate anyone's intellectual property rights or other rights of any person or entity or otherwise place us in breach of any applicable laws. Evidencio is under no obligation to use the information submitted. You understand that Evidencio employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Site Content and that Evidencio is only willing to consider the submissions of Site Content on these terms.
C) USER CONTENT POSTED ON OUR COMMUNITIES
We love to see all your comments, photos and videos. By submitting or uploading your story, comment, photo or video, you are authorizing Evidencio to use, publish, and otherwise reproduce, modify and distribute Community Content with or without your name in perpetuity, worldwide in any and all Evidencio or Evidencio.com related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion or advertising of Evidencio.com or its products via the Internet, web sites, mobile apps, and social media. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals.
D) CONTENT AND LIMITATIONS ON USE
You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.
You may not reverse engineer, disassemble, decompile or translated any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.
Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person's use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Evidencio server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.
B) INFORMATION WE COLLECT
The Service collects information from you in two ways: directly from your input and automatically through the Service's technologies.
Information You Provide
The types of personal information that the Service collects directly from you may include:
- Contact details, such as your name, email address, postal address and telephone number;
- Educational and professional background information;
- Usernames and passwords;
- Payment information, such as a credit or debit card number;
- Comments, feedback, posts and other content you submit to the Service; and
- Interests and communication preferences.
In order to access certain content and to make use of additional functionality and features of the Service, we ask you to register for an account by completing and submitting a registration form, which may request additional information.
If you choose to register and sign in by using a third party account (such as your Facebook account), the authentication of your login is handled by the third party and the Service will collect your name, email address and any other information about your third-party account that you agree to share with us at the time you give permission for your account on the Service to be linked to your third party account.
Information Collected Automatically
- Internet Protocol ("IP") address used to connect your computer to the Internet;
- Computer, device and connection information, such as browser type and version, operating system, mobile platform and unique device identifier ("UDID") and other technical identifiers;
- Uniform Resource Locator ("URL") click stream data, including date and time stamp, referring and exit URLs, search terms you used, and pages you visited or searched for on the Service; and
- For location-aware services, the physical location of your device in order to provide you with more relevant content for where you are in the world.
We may use and disclose information that does not reveal your identity or permit direct association with any specific individual, such as browser and device information, anonymous usage data and aggregated information, for any purpose, except where we are restricted by law. If we combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.
You can control cookies through your browser's settings and other tools. However, if you block certain cookies, you may not be able to register, login to the Service, access certain parts of the Service or make full use of the Service.
C) USE OF YOUR INFORMATION
We may use your personal information to:
- Provide the Service to you, such as allow access to or delivery of our products or services, process or fulfill an order or transaction, or administer surveys or promotional programs;
- Respond to your requests, inquiries, comments or concerns;
- Provide technical, product and other support and help keep the Service working, safe and secure;
- Offer you customized content and individualized personalization of the Service to make it more relevant to your interests and needs;
- Enhance, evaluate and improve the Service, its advertisements and promotional campaigns and our products and services and to develop new products and services;
- Identify and analyze usage trends, including for the purposes of research, audits, reporting and paying royalties and license fees to third-party content providers;
- Notify you about changes or updates to the Service and our products and services; and
- Provide you special offers, promotions, surveys and other information about the Service as well as products, events and services of ours, our affiliates and non-affiliated third parties such as societies and sponsors.
We may on occasion also match or combine the personal information that you provide with information that we obtain from other sources or that is already in our records, whether collected online or offline or by predecessor or affiliated group companies, for the purposes described above.
D) DISCLOSURE OF YOUR INFORMATION
We may share your personal information with:
- Relevant agents, representatives, joint ventures, and entities for which we are acting as an agent, licensee or publisher, such as societies and sponsors;
- Applicable suppliers and service providers, including editors, reviewers, credit card processors, customer support, email service providers, mailing houses and shipping agents, and IT service providers; and
- We also may share your personal information with our affiliated group companies worldwide and with societies, sponsors and other non-affiliated third parties that wish to send you information about their products and services that may be of interest to you as determined by your choices in managing your communications preferences following the process described below.
- If the Service offers a content database or learning service ("Subscription Service") and you access the Subscription Service through an institution-sponsored subscription, your personal information and certain usage data gathered through the Subscription Service, such as the number of items you downloaded, any non-subscribed items you accessed, and test scores, may be shared with your institution for the purposes of usage analysis, subscription management, course management and testing and remediation. If your institution is a corporation or other business entity, additional usage data, such as the types of records you viewed and the number of searches you ran, also may be shared for the purposes of cost attribution and departmental budgeting.
We also may need to disclose your personal information:
- to respond to or comply with any law, regulation, subpoena, court order or other legal obligation;
- to enforce and protect our rights and properties;
- to detect, investigate and help prevent security threats, fraud or other malicious activity;
- to protect the rights, property or safety of our users, employees or others; and
- if Evidencio, the Service or a related asset or line of business is acquired by, transferred to or merged with another company.
The Service may let you post and share personal information, comments, materials and other content. Any information you disclose publicly may be collected and used by others, may be indexable by search engines, and might not be able to be removed. Please be careful when disclosing personal information in these public areas.
E) YOUR CHOICES AND COMMUNICATIONS PREFERENCES
You can manage your communications preferences when you register with the Service, by updating your account preferences, by using the "opt-out" or unsubscribe mechanism or other means provided within the communications that you receive from us or by contacting us. We reserve the right to notify you of changes or updates to the Service whenever necessary.
F) ACCESS AND ACCURACY OF YOUR INFORMATION
The Service may allow registered users to access their account information and make corrections or updates upon log in at any time. The accuracy of such information is solely the responsibility of the user. You may also request access to other personal information about you that may be held in the Service. If you request to deactivate your account or delete your personal information, we will endeavor to fulfill your request but some personal information may persist in backup copies for a certain period of time and may be retained as necessary for legitimate business purposes or to comply with our legal obligations.
G) DATA SECURITY
Evidencio takes precautions to safeguard your personal information against loss, theft and misuse and unauthorized access, disclosure, alteration and destruction through the use of appropriate administrative, physical and technical security measures.
H) CROSS-BORDER TRANSFER OF YOUR INFORMATION
Your personal information may be transferred to other countries for processing. By using the Service you consent to the transfer of information to countries outside of your country of residence, which may have different personal data protection rules than in your country.
ATTN: Data Protection Officer
Hibbertsstraat 3b, 7481JC
Haaksbergen, the Netherlands
4. COPYRIGHT INFRINGEMENT NOTIFICATION
Evidencio is committed to complying with Dutch copyright law and to respond to claims of copyright infringement. Evidencio will promptly process and investigate notices of alleged infringement and will take appropriate actions.
Notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
ATTN: Legal Department, Copyright Notices
Hibbertsstraat 3b, 7481JC
Haaksbergen, the Netherlands
For your complaint to be valid, you must provide all of the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Evidencio to locate the material;
- Information reasonably sufficient to permit Evidencio to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You should be aware that, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.
Last revised: June 9, 2017