I. Fees and Payments
By using the Subscription, you agree to pay the subscription fees and any other charges incurred in connection with the Subscription (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your Subscription or any renewal. We may change the fees and charges then in effect, or add new fees or charges, by providing notice in advance. If you want to use a different payment method or there is a change in your current payment method’s validity or expiration date, or if you believe someone has accessed the Subscription using your username and password without your authorization, you must contact our Customer Support department as soon as possible. You are responsible for any fees or charges incurred to access the Subscription through an Internet access provider or other third-party service.
II. Renewal
The Subscription will renew automatically, except as set forth below or unless we terminate it in accordance with these Terms. For quarterly subscriptions, we will notify you of the pending renewal of the Subscription. You must cancel the Subscription before it renews in order to avoid billing of subscription fees for the renewal term.
III. Exceptions for Various Types of Subscribers; Other Users
If your access to the Subscription is provided by, or through a third party, some or all of the fees and payments described in Section I and/or renewal terms described in Section II may not apply to you. Please contact the third party or our Customer Support department for details. If you access the Subscription as part of a free trial or otherwise without becoming a subscriber, you are hereby notified that all of the terms and conditions of these Terms apply to your use and access of the Subscription.
IV. Copyrights
All content and functionality on the Site, including text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Scentia or its licensors and, to the extent applicable, is protected by applicable copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section III – Use of site content. All rights not expressly granted are reserved.
V. Trademarks
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Scentia and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to Scentia or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Scentia or its licensors.
VI. Use of Site Content
Scentia hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without Scentia’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without Scentia’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Scentia intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
VII. User Postings
You acknowledge and agree that Scentia shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaire, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against Scentia for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with Scentia’s use and publication of such submissions.
You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.
Scentia does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, Scentia does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Scentia reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
VIII. Notices of Infringement and Takedown by Scentia
Scentia prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Scentia at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Scentia will remove any posted submission that infringes the copyright or other intellectual property right of any person under applicable law upon receipt of such a statement. Significant penalties for submitting such a statement falsely are provided by law. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Scentia’s contact for submission of notices under this Section V is: [email protected].
IX. Disclaimers
THE CONTENT AND FUNCTIONALITY OF THE SUBSCRIPTION AND THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT SCENTIA IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, NO CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE, AND THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SUBSCRIPTION AND SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK. ALL CONTENT AND FUNCTIONALITY OF THE SUBSCRIPTION AND THE SITE AND THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SCENTIA AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SUBSCRIPTION OR SITE CONTENT. SCENTIA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED AS PART OF THE SUBSCRIPTION, ON LINKED WEBSITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER SCENTIA NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE ACTUAL PERFORMANCE RECORDS, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND SUCH SIMULATED PERFORMANCE RESULTS MAY HAVE UNDER OR OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS. NO REPRESENTATION IS BEING MADE THAT ANY CRYPTOCURRENCIES, TOKENS, STOCKS, PORTFOLIO, FINANCIAL INSTRUMENT, OR INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN OR DESCRIBED IN BUT NOT LIMITED TO SCENTIA’S REPORTS, POSTS OR NEWSLETTERS. ACTUAL PERFORMANCE WILL VARY BASED ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO MARKET CONDITIONS. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS AND FUTURE ACCURACY AND RESULTS CANNOT BE GUARANTEED BASED THEREON. THE SUBSCRIPTION AND SITE CONTENT ARE BASED ON INFORMATION AVAILABLE AS OF THE TIME IT WAS PUBLISHED. SCENTIA AND ITS INFORMATION PROVIDERS DISCLAIM ANY DUTY TO UPDATE THE SUBSCRIPTION OR THE SITE. IN PARTICULAR, BY CONTINUING TO MAKE THE SUBSCRIPTION AVAILABLE, ON THE SITE OR OTHERWISE, AFTER THE DATE OF ITS FIRST PUBLICATION, NEITHER SCENTIA NOR ITS INFORMATION PROVIDERS MAKE ANY REPRESENTATION AS TO THE TIMELINESS OF THE INFORMATION IN THE SUBSCRIPTION.
X. Indemnification
You hereby indemnify, defend, and hold harmless Scentia and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Scentia Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Scentia and/or Scentia Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. Scentia reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
XI. Third-Party Websites & Providers
We may provide links to third-party websites, and some of the content appearing to be on this Site is in fact supplied, supported, or provided directly or indirectly by third parties, for example, in instances of framing of third-party websites or incorporation through framesets of content supplied by third-party servers. Scentia has no responsibility for these third-party websites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.
XII. Governing Law and Jurisdiction
These Terms are governed by the laws of Romania without reference to the principles of conflicts of laws thereof.
