Terms of Use & Privacy Policy

  1. 1. Terms and conditions of the website

    Last Update: 11/10/2016

    PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

    • a) Introduction
      • The present SITE is property of INVENTA INTERNATIONAL LLC, with headquarters at Avenue of the Americas, 2nd floor, New York, NY 10105 with the Employer Identification Number 61-1773642, from now on INVENTA.
      • INVENTA is not a law firm and does not provide and will not and can not provide any form of legal advice. INVENTA works with a network of Patent and Trademark Attorneys and Lawyers that provide their services to INVENTA, independently and with the highest ethical and professional standards.
    • b) Scope and effects of application
      • The present Terms & Conditions establish the contractual relation between INVENTA and the USER of this SITE. By using this SITE and the services made available thereof, USER confirms that he understands, accepts and binds himself to respect and follow these terms and conditions. If USER does not agree with these terms and conditions, he should stop using the SITE immediately.
    • c) Amendments to the terms and conditions
      • INVENTA reserves the right to change the terms and conditions at any time and without prior warning. We recommend that the USER regularly checks these terms and conditions. The USER agrees with the amended terms and conditions if he continues to use this SITE.
    • d) Applicable law and competent jurisdiction
      • The applicable law to interpret and apply the present terms and conditions is that of the United States of America, except when such is not permitted by law.
      • The competent courts to settle any disputes arising from the use of this SITE, between USER and INVENTA, are the courts of the States of New York, U.S.A.
    • e) Responsibility
      • INVENTA does its best to keep the information made available in this SITE correct and rigorous.
      • The information made available in this SITE, is generic and has the purpose of guiding the USER. The information made available in this SITE does not amount to any type or form of legal, financial or economic advice and does not intend to provide any analysis or interpretation of any legislation or any type of legal conundrum.
      • INVENTA, through this SITE, provides resumed and summarized information about its services, but this information should not and cannot be subsumed or interpreted as applicable to any particular or individual case, taking into account that the applicable laws and proceedings can change and vary according to the specific case.
      • INVENTA is not held liable or in any way held responsible for any losses or damages to USER by following the indications of this SITE or by using information thereof, may it be correct or incorrect.
      • The SITE might include links to third party websites with whom INVENTA might or might not have any contract relationship. INVENTA is not held liable or in any way held responsible by the informations and services provided by the third party websites.
    • f) Warranty
      • This SITE is provided “as is”, without any kind warranty, explicit or implicit, regarding its contents and/or information provided.
    • g) Privacy Policy (referral)
      • INVENTA respects the privacy of USER. For more information consult our Privacy Policy.
    • h) Intellectual Property
      • The contents of this SITE, including but not limited to, texts, images, written information, designs and drawings and other works and materials are protected by copyright, according to law and international conventions such as the Berne Convention for the Protection of Literary and Artistic Works.
      • Without prior and written consent by INVENTA, USER will not reproduce, publish, adapt, modify, communicate, or make available to the public the SITE contents, nor any other use of these elements, as comprised in the exclusive protection provided by copyright.
      • Copy, downloading and printing of the materials of the website is allowed only for private and non-commercial use.
      • Trademarks, logos and other distinctive signs of trade as well as any other materials and contents protection by intellectual property laws provided in the SITE are exclusive property of INVENTA or third parties and cannot be used for any purpose whatsoever without prior and written consent by INVENTA or their rightful owners.
    • i) Prices
      • Prices state in the SITE in the moment of query are the prices valid and in force. Prices are available in US Dollars (USD) and Euros (EUR). Prices do not include VAT nor other taxes, except when expressly advertised.
      • All prices made available at the SITE may include official government fees and attorney fees. The official fees are subject to updates or variations that depend on third parties or currency fluctuations and that are not of INVENTA’s responsibility, and that may influence or alter the final fees shown or charged by the SITE. The increase of official government fees will have to be paid fully by the USER and INVENTA is not held liable or responsible for sudden increases in such fees. INVENTA will do its best to ensure that the USER is fully informed about increases to the charged fees.
      • Price updates may impact and affect USER that has already paid for the services provided by WEBSITE, in the strict necessary measure to address the difference between the amount paid and the increase in the official government fees to the hired services.
      • The updates to attorney fees will not affect USER that has already proceed to pay for the hired services through this SITE, as long as such increases are not a result from increases in official government fees or third party attorney fees.
      • The fees for services hired through subscription systems can be updated without prior notice by INVENTA, but the new and updated fee will only be charged after explicit and written consent by the subscriber USER that wishes to continue to use the service. INVENTA will not be held liable or responsible by temporary or permanent service disruptions or interruptions that result from lack of reply or confirmation that the USER wishes to maintain service with the fee increase.
      • INVENTA reserves the right to update, without prior notice and at any time, the fees and prices made available in this SITE.
    • j) Payment
      • The SITE allows the payment of provided services through credit card.
      • INVENTA is not proprietor of any payment platform and as such INVENTA is not held liable or responsible by any payment flaws that result from the payments system. INVENTA is not held liable or responsible for fees charged by banks or other entities that are responsible for handling payments. USER should support fees charged by banks or other entities that are responsible for handling payments.
      • After USER pays for the services provided by INVENTA through this WEBSITE, the USER will receive an automatic email confirmation that the payment was accepted.
      • Payments made by USER and the automatic confirmation email do not mean that INVENTA has conducted the hired service and that INVENTA is responsible for automatically or in a short period of time conducting the service. The service that was paid to INVENTA through SITE will later be confirmed by a SITE operator, consultant, Patent and Trademark Attorney or lawyer connected to INVENTA, by an email sent to USER. INVENTA does its best efforts to confirm to USER, by email, in 48 hours, that the service will be conducted or that other information might be required to conduct the service.
      • If payment is not received by INVENTA or if the payment method is refused, USER agrees to abandon the service. If payment is not successfully arranged, USER accepts that the services will not be provided.
    • k) Reimbursement, returns and cancellation
      • After cancellation of services hired and paid by USER, INVENTA will not reimburse the paid or transferred fees, prices or charges. The monies transferred and sent to INVENTA, if a service is cancelled, will remain “for credit” and will be able to be used for other services provided by INVENTA. If INVENTA has already incurred in payments to third parties or other entities before USER orders the cancellation of service or if INVENTA has already worked considerably on the case, these amounts will be discounted from the “for credit”, corresponding to the monies paid to third parties and other entities as well as attorney fees collected by INVENTA.
      • INVENTA reserves the right to cancel service hired and paid by USER if a conflict of interest arises with third parties with whom INVENTA already works. If a conflict of interests exists, INVENTA will reimburse the amounts paid by USER.
  2. 2. Service specific terms and conditions
    • a) Trademarks
      • Searches

        Inventa provides two services of trademarks search, being the first one entitled “Online trademarks search” and the second one “Technical trademark search”.

      • “Online trademarks search”

        The “Online trademarks search” allows USER to search protected trademarks in several jurisdictions, as indicated in the service page. Please note that INVENTA does not guarantee that the presented data is correct, updated or rigorous.

        The “Online trademarks search” contains public information, gathered by third parties with which INVENTA may or may not have contractual relations. INVENTA does not take responsibility by the correct or incorrect information provided and disclosed by third parties in “Online trademarks search”.

        The provided information and results shall not be interpreted as legal opinion or advice, and INVENTA will not take responsibility for any damage or loss that the USER may incur while using the “Online trademarks search”.

      • “Technical trademark search”

        The “Technical trademark search” allows USER to order INVENTA through WEBSITE a trademark search service that will be conducted by specialized jurisdiction consultants, Patent and Trademark Attorneys or lawyers.

        The “Technical trademark search” order shall only be effective after its payment confirmation.

        The “Technical trademark search” payment does not guarantee that the service will be carried out immediately; the “Technical trademark search” is carried out during an estimated timeframe, indicated in the service page, in working days and that might vary depending on the jurisdiction.

        INVENTA does not take responsibility for the reasonable non-compliance of the “Technical trademark search” delivery time, inasmuch as it depends on external factors to INVENTA.

      • Other services (trademark application, watch, internationalization, rights’ defense, use investigation, online trademark protection, competition analysis and portfolio management)

        Other services are described in the WEBSITE with a merely informative content.

        The WEBSITE allows the USER to contact INVENTA regarding this section services, however it does not constitute any legal obligation that the service will be indeed carried out. INVENTA does its best to contact USER within 48 working hours, after USER successfully sends us a contact form through WEBSITE.

        INVENTA will not act on behalf of USER without sufficient powers to do so. USER agrees to provide Power of Attorney to INVENTA which will permit INVENTA to act on USER behalf for the hired services.

    • b) Patents
      • All services described in the section “PATENTS” (patent search, patent registration, utility models, industrial design, patent watch, rights defense, internationalization and portfolio management) are comprised by and with contents that are merely informative.
      • WEBSITE allows USER to contact INVENTA in connection to services in this section, but does not establish any legal obligation with the service that USER wishes to hire. INVENTA does its best to contact USER within 48 working hours, after USER successfully sends us a contact form through WEBSITE.
    • c) Domains
      • Search and registrations of domains

        “Search and registration of domains” makes available for the USER a search for registered and not registered domains in several extensions as indicated on the page, being that INVENTA will make all the efforts for presenting correct, updated and rigorous results, despite not guaranteeing correct, updated and rigorous results.

        “Search and registration of domains” may contain public information collected by third parties with whom INVENTA may or may not have contractual relationships. INVENTA is not liable for accurate or inaccurate information provided by third parties and made available in “Search and registration of domains”.

        Additionally, presented information shall not be interpreted as legal advice and INVENTA will not be liable for any losses that the USER may incur by using “Search and registration of domains”.

        The payment for domains registration does not imply its registration automatically. The estimated timeframes for the registration are updated in a specific WEBSITE page. The confirmation of a domain registration will be sent to the USER by email.

        INVENTA is not liable for incorrect information provided by the USER. The USER shall inform immediately INVENTA of any incorrect information inserted on WEBSITE.

        INVENTA is not liable for suspensions, cancellations, non-renewals interruptions or transfers occurred to domains, resulting from policies, rules or laws provided by ICANN, domain administrator entities or judicial warrants.

        Certain extensions provided by INVENTA on the WEBSITE need the USER to fulfill some requirements. The USER agrees to comply with these requirements and to notify INVENTA of any modifications to the fulfillment of requirements. INVENTA is not liable for cancellations or suspensions of domains services originated by failure by the USER of the requirements of extensions contracted with INVENTA.

      • Domains acquisition and domains dispute

        These services are not provided automatically, due to its complexity and sensitivity. The USER will be contacted as soon as possible.

      • Online trademark protection

        This service includes the monitoring of domains and the monitoring of domains and online contents. This service is not provided automatically, needing subsequent implementation by INVENTA.

        INVENTA commits to use mechanisms of advanced monitoring as presented to the USER. INVENTA is not liable for any failures, lapses or monitoring deficits.

        INVENTA is not liable for any damages caused directly or indirectly by results presented or by any failures on the presentation of results, of “online trademark protection” services. This service does not represent any kind of legal or financial advice.

      • Portfolio management

        Portfolio management service is not implemented automatically after the USER’s contact. The process of assuming and managing a portfolio may depend on third parties with whom INVENTA may have or have contractual relationships. The USER commits to provide a Power of Attorney to INVENTA, that will allow INVENTA to act in the name of the USER for the contracted services.

    • d) Hosting
      • Hosting services are not provided automatically after payment. After payment is done by USER, INVENTA will send an email confirming that the service is activated.
      • USER understands and agree that he shall not use the hosting services provided by INVENTA in an abusive manner or against the law and not to overload the servers in an unreasonable way. INVENTA will not not held liable or responsible for abusive uses, destruction and loss of data by the USER or by non diligent uses that cause loss or damage to INVENTA, the stability of its servers and to the network or to the USER himself.
      • USER agrees to act diligently in protecting, securing and maintaining his data and contents in a confidential manner and with integrity. USER agrees that, during technical maintenance to USER, our assistance technicians may have to modify, alter or remove the content of the service that is hosted.
      • INVENTA guarantees to provide an infrastructure with quality and a SLA of at least 99%.
    • e) Other services
      • All services described in the section “OTHER SERVICES” of WEBSITE are comprised by and with contents that are merely informative.
      • WEBSITE allows USER to contact INVENTA in connection to services in this section, but does not establish any legal obligation with the service that USER wishes to hire. INVENTA does its best to contact USER within 48 working hours, after USER successfully sends us a contact form through WEBSITE.
      • USER agrees to provide Power of Attorney to INVENTA which will permit INVENTA to act on USER behalf for the hired services.
  3. 3. Privacy policy

    This Privacy Policy applies to the website www.inventa.com (henceforth WEBSITE) owned and administered by INVENTA INTERNATIONAL LLC. This Privacy Policy provides information on how INVENTA INTERNATIONAL LLC. collects and uses the personal information provided by the users of the WEBSITE. This Privacy Policy does not apply to other websites that you may access from the WEBSITE.

    In order to process the service orders, basic information about users of the WEBSITE is required.

    The commitment with confidentiality is an established policy at INVENTA INTERNATIONAL LLC. This policy is applied to the collection and communication of any information. The personal information of users of the WEBSITE is secured in safe locations, to which only the personnel of INVENTA INTERNATIONAL LLC. or its representatives have access. The information shared with third parties is only the necessary to satisfy the requirements of public entities, such as government authorities and ruling organizations.

    The user acknowledge that once a request or document is delivered to the patent and trademark offices or to the domains administrators, the information provided by the user of the WEBSITE may become public by virtue of law.

    • a) Collected information
      • The personal information collected include: a) contact data, like name, physical address and email address, b) demographic data, such gender and zip code, c) financial data, like credit card details (credit card number, expiration date, and verification code).
    • b) Contact data
      • INVENTA INTERNATIONAL LLC. receives user’s personal data, like name and e-mail address, necessary for INVENTA INTERNATIONAL LLC. provide the services contracted and keep the users updated. Information from users will be treated as confidential and will not be sold, disclosed, or transmitted, with the exceptions established in this Privacy Policy.
    • c) Traffic data and information.
      • The following types of information are tracked when a visitor enters the site, through ours and third party tracking code as well as cookies: type of computer, type of web browser, IP address and domain servers. This information is used by INVENTA INTERNATIONAL LLC. to enhance customer experience on the WEBSITE, for general marketing purposes, to assess the WEBSITE traffic, to identify problems with our server. Traffic data is not examined for personally identifiable information.
      • Traffic data and information may be shared with business partners, affiliates, and/or advertisers on an aggregate and anonymous basis.
    • d) Means of collecting data
      • INVENTA INTERNATIONAL LLC. collects information using internal as well as third party methods to identify user data like browser settings and IP addresses. These methods include automatic collection and cookies. Standard cookie feature of major browser applications and third party providers may be used by INVENTA INTERNATIONAL LLC., which allow the storage of a small piece of data on a users's computer about the visit to the WEBSITE. Personally identifiable information is not captured in such cookies.
    • e) Use of personally identifiable information
      • User personally identifiable information may be used by INVENTA INTERNATIONAL LLC. to verify users identity and process users orders. Users contact data may be used to contact users in order to follow up with transactions initiated on the WEBSITE, inform users of modifications to the WEBSITE and to send users additional information about INVENTA INTERNATIONAL LLC.
    • f) Data security
      • INVENTA INTERNATIONAL LLC. tries to guarantee that our servers and connections incorporate the most updated encryption and security devices. INVENTA INTERNATIONAL LLC. have implemented procedures to safeguard and secure the collected information and to prevent unauthorized access. Information concerning credit card and personal data are transmitted to us by secure servers.
      • INVENTA INTERNATIONAL LLC. tries to prevent the loss, misapplication, destruction and modification of the information provided by users, through security measures. INVENTA INTERNATIONAL LLC. assumes no liability to users or to any third party arising out of any such loss, misapplication, destruction and modification.
    • g) Correct, update and delete user information
      • In case of changes of user’s information it may be corrected or updated. When the user no longer wishes our services the information provide by him / her may be deleted at his / her request.
    • h) Third party websites
      • WEBSITE may contain links to other websites. INVENTA INTERNATIONAL LLC. Is not responsible for privacy practices of other websites.
    • i) Update of privacy policy
      • This Privacy Policy may be changed at any time by INVENTA INTERNATIONAL LLC. Any modification of WEBSITE’s privacy policy will be published in this Privacy Policy and / or other places deemed suitable.

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