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Icecat User Terms of Service

Icecat Terms of Service for Registered Users

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Date of Last Revision: February 18, 2019. This is the terms of service (Terms) for Icecat N.V. (hereafter “Icecat”) that governs our relationship with registered users who interact with the website of Icecat. By registering and logging in to Icecat, you agree to this Terms, as updated from time to time in accordance with Section 8 below. Additionally, you will find resources at the end of this document that help you understand how Icecat works.

1. Sharing Your Company’s Content and Information

You or your company owns all of the content and information you post on Icecat, and you can control how it is shared through your application settings and/or the agreement your company has with Icecat. In addition:

1.     For content that is covered by intellectual property rights, like photos, logos, animations, leaflets, manuals, videos and other copyrighted content (IP content), you specifically give us the following permission, subject to your application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Icecat (IP License). This IP License ends when you delete your IP content unless your content has been shared with others, and they have not deleted it.

2.     When you delete IP content or ask us to delete it, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time.

3.     When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

4.     When you publish content or information via Icecat, it means that you are allowing everyone, including people inside or outside of Icecat, to access and use that information, and to associate it with you and/or your company’s brand. You are aware and consent that the information may be published via paid services like Full Icecat, and free services like Open Icecat under an open content license, depending on your application settings or agreement with Icecat.

5.     In case that Icecat’s editors have produced and posted content or information for your company or brand, you accept that the intellectual property rights for that content or information – with the exception of your IP content - belongs to Icecat. The IP License as mentioned in 1.1 also applies to your IP Content posted in relation to this content or information.

2. Safety

We do our best to keep Icecat safe, but we cannot guarantee it. We need your help to keep Icecat safe, which includes the following commitments by you:

1.     You will not post unauthorized commercial communications (such as spam) on Icecat.

2.     You will not collect users' content or information, or otherwise access Icecat, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. Permission for automated access to the free Open Icecat content via its documented APIs is granted.

3.     You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Icecat.

4.     You will not upload viruses or other malicious code.

5.     You will not solicit login information or access an account belonging to someone else.

6.     You will not bully, intimidate, or harass any user.

7.     You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence, unless the nature of products described require such content.

8.     You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

9.     You will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Icecat.

10.   You will not use Icecat to do anything unlawful, misleading, malicious, or discriminatory.

11.   You will not do anything that could disable, overburden, or impair the proper working or appearance of Icecat, such as a denial of service attack or interference with page rendering or other Icecat functionality.

12.   You will not facilitate or encourage any violations of this Terms or our policies.

3. Registration and Account Security

Here are some commitments you make to us relating to registering and maintaining the security of your account:

1.     You will not provide any false personal information on Icecat, or create an account for anyone other than yourself without permission.

2.     You will not create more than one personal account.

3.     If we disable your account, you will not create another one without our permission.

4.     You will keep your contact information accurate and up-to-date.

5.     You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

6.     You will not transfer your account (including any brand account or application you administer) to anyone without first getting our written permission.

7.     If you select a username or similar identifier for your (brand) account, we reserve the right to remove or reclaim it if we believe it is appropriate.

4. Protecting someone else’s intellectual property rights

We respect someone else’s intellectual property rights, and expect you to do the same.

1.     You will not post content or take any action on Icecat that infringes or violates someone else's intellectual property rights or otherwise violates the law.

2.     We can remove any content or information you post on Icecat if we believe that it violates this Terms or our policies.

3.     We provide tools to help you protect your intellectual property rights, such as functionality to limit the access to certain IP content. When we receive a valid notice of IP infringement, we promptly remove or disable access to the allegedly infringing content.

4.     If we remove your content for infringing someone else’s intellectual property rights, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

5.     If you repeatedly infringe someone else’s intellectual property rights, we will disable your account when appropriate.

6.     You will not use our copyrights or trademarks (including Icecat and the Icecat Logos), or any confusingly similar marks, without our prior written permission.

7.     If you collect information related to someone else’s intellectual property rights (e.g., product images and branded materials) to post it on Icecat, you will: obtain its consent and make it clear you (and not Icecat) are the one collecting their information.

8.     If you work as an editor hired by Icecat, you transfer the intellectual property rights on the information and content you post in Icecat to Icecat, insofar not owned by someone else (e.g. a brand).

9.     You will not post anyone's identification documents or sensitive financial information on Icecat.

10.   You will not send email invitations to non-users without their consent.

5. Mobile and Other Devices

1.     You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Icecat.

6. Data Protection

1.     We collect the content that you provide when using our website, including when you sign up for an account, create or share content and the changes you make regarding to product content.

2.     We collect information about your usage of content on Icecat, like your downloads of and interactions with product data-sheets, PDFs, 3D animations, and videos,

3.     We collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our services, and we might combine this information across different devices you use. Information we obtain from these devices includes: device attributes: information such as the operating system, hardware and software, versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins; device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots); identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use; network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV; cookie data: data from cookies stored on your device, including cookie IDs and settings.

4.     We use the information we have about you to improve our services, to provide personalized content like a personalized catalog index and files, to provide the content you subscribed to and content that you are licensed to use according to licensee like brand owners, to localize product content, to conduct surveys and research, test and troubleshoot new features and services, to inform our sponsoring brands of content usage information, the types of people interacting with their content, and to help them improve the effectiveness of their content in combination with our services, to improve the security and safety of our services and accounts, to send you marketing and service communications including updates of policies and terms, and replies when you contact us.

5.     In case that you post product content, you can limit the sharing of this content by digital rights management settings. Icecat assists you as a representant of a brand owner to create such settings, like sharing content as open content (Open Icecat) without any limtation, sharing certain content exclusively with authorized users, sharing content only with subscribers (Full Icecat), and limiting certain content to certain locales (country/language combinations).

6.     We don’t share your personal profile and usage data through our APIs (application programming interfaces) with third party integrators.

7.     In reports to our sponsors (i.e., brands participating in Open Icecat) or research we provide aggregated usage data, which might be aggregated on company or subsidiary level. We don’t provide personal (profile) details linked to an account, unless you give explicit permission for that, except for the login name you created in combination with your company name, country and subscription level, to uniquele distinguish a user in a report.

8.     We share your information in case that that is required by an appropriate court and/or by law.

9.     We might share your information between Icecat and Icecat group companies, or affiliates. I.e., companies that are majority owned or controlled by Icecat.

10.   You can access your data through the front-office or backoffice login(s), we have provided you with. You can rectify, port and erase your personal data and other content via the same interfaces. You can request to unsubscribe from marketing and service communications here as well. If you need assisstance, you can request our help through the contact pages on our website.

11.   We store product content indefinitely. But, we don’t store personal data longer than necessary to provide our services, or to meet legal obligations. When you change or erase personal (account) details, we will not safe these changed data.

12.   We store your content in data centers within the European Union, but data – as described above – might be shared globally to clients.

7. Special Provisions Applicable to Developers/Operators of Applications and Websites

If you are a developer or operator of a Platform application or website, the following additional terms apply to you:

1.     You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets these Terms and the respective terms & conditions of the applicable license (Open Icecat: Open Content License – OPL, Full Icecat: Icecat Content License).

2.     Your access to and use of data you receive from Icecat, will be limited as follows:

1.     You will only request data you need to operate your application.

2.     You will delete all data you receive from us concerning a brand if the brand asks you to do so, and will provide a mechanism for brands to make such a request.

3.     You will not include data you receive from us concerning a brand in any advertising creative without prior written consent from the respective brand.

4.     You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, without our prior written consent.

5.     You will not sell a brand’s product data. If you are acquired by or merge with a third party, you can continue to use a brand’s product data within your application, but you cannot transfer the product data outside of your application.

6.     We can require you to delete product data if you use it in a way that we determine is inconsistent with users’ expectations.

7.     We can limit your access to data.

8.