1.1 Your use of Bidsketch’s software, services and website(“Products”) is subject to the terms of a legal agreement between you and Bidsketch. This document explains how the agreement is made up, and sets out some terms of that agreement.
1.2 Unless agreed to in writing with Bidsketch, your agreement with Bidsketch will always include the terms and conditions (“Terms”) set forth in this document.
2.1 In order to use the Products of Bidsketch, you must first agree to the Terms of Bidsketch. You may not use the Products if you do not accept the Terms.
2.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by Bidsketch in the User interface for any Products; or
(b) by actually using the Products. Accordingly, you understand and agree that Bidsketch will treat your use of the Products as acceptance of the Terms from that instance forward.
2.3 You may not use the Products and may not accept the Terms if (1) you not of legal age to form a binding contract with Bidsketch, or, (2) you are a person prohibited from receiving the Products under the laws of the United States or other countries including the country in which you reside or from which you would use the Products.
3.1 Where Bidsketch has provided you with a translation of the English version of the Terms, then you agree that the translation is provided for your convenience and the English version of the Terms will always govern and control your relationship with Bidsketch.
3.2 If there is any inconsistency between the English language version of the Terms and the translated version of such Terms, then the English version shall always take precedence.
4.1 Bidsketch will from time-to-time develop and provide enhancements to its Products in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Products which Bidsketch provides may change at any time without prior notice to you.
4.2 As a part of providing Products enhancements you acknowledge and agree that Bidsketch may stop (temporarily or permanently) providing products (or any features within those Products) to you or to any users at the sole discretion of Bidsketch without any prior notice to you. You may stop using the Products at any time. Where you are specifically billed for the usage of Products you will need to inform Bidsketch when you wish to terminate such usage.
4.3 You acknowledge and agree that while Bidsketch may not currently have a set fixed upper limit on the number of transmissions you may send or receive through the Products or the amount of storage space utilized for the provision of any Products, such fixed upper limits may be set by Bidsketch ant any time at Bidsketch’s sole discretion.
5.1 In order to access the Products, you will be required to provide information about yourself (such as identification and contact details) as part of the registration process for the Products and for the continued use of the products you will be required to provide all necessary information for the billing and payment of applicable user fees as agreed to by you. You agree that all user and billing information furnished by you to Bidsketch is accurate at the time it is furnished and you also agree to always maintain the accuracy of such information on a timely basis.
5.2 You agree to use the Products only for the purposes that are allowed by (1) the Terms and (2) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Products by any means other than through the interface that is provided by Bidsketch. You specifically agree not to access (or attempt to access) any of the Products through any automated means (including but not limited to the use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present in the Products.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Products (or the servers and networks which are connected to the Products).
5.5 Unless you have been specifically permitted to do so in a written and executed separate agreement with Bidsketch, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Products for any purpose.
5.6 You agree that you are solely responsible for (and that Bidsketch has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Bidsketch may suffer) of any such breach.
6.1 You agree and understand that you are responsible for maintaining the confidentially of passwords associated with any account you use to access the Products.
6.2 You agree that you will be solely responsible to Bidsketch for all activities that occur within your account.
6.3 If you become aware of any unauthorized use of your password of of your account, you agree to notify Bidsketch immediately.
For more information and your privacy and personal information and how we protect it, please review our Privacy Policy.
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Products are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
8.2 You should be aware that Content presented to you as part of the Products, including but not limited to advertisements in the Products and sponsored Content within the Products may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Bidsketch (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either whole or in part) unless you have a specific agreement to do so from Bidsketch or from the owners of the Content.
8.3 Bidsketch reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Products.
8.4 You understand that by using the Products you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Products at your own risk.
8.5 You agree that you are solely responsible for (and that Bidsketch has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Products and for the consequences of your actions (including any loss or damage which Bidsketch may suffer) by doing so.
9.1 You acknowledge and agree that Bidsketch (or Bidsketch’s licensors) own all legal right, title and interest in and to the Products, including any intellectual property rights which subsist in the Products (whether those rights happen to be registered or not, and wherever in the world those rights may exist) . You further acknowledge that the Products may contain information which is designated confidential by Bidsketch and that you shall not disclose such information without Bidsketch’s prior written consent.
9.2 You agree that nothing in the Terms gives you a right to use any of Bidsketch’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features.
9.3 Bidsketch acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Products, including any intellectual property rights which subsist in the Content.
9.4 You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Product.
9.5 You agree that in using the Product, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.1 Bidsketch gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by Bidsketch as part of the Product, as provided to you by Bidsketch (referred to as the “Software”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Product as provided by Bidsketch, in the manner permitted by the Terms.
10.2 You may not (and you may not permit any one else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law.
10.3 You may not assign ( or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use Software.
The Software which you use may automatically download and install updates from time to time for Bidsketch. These updates are designed to improve, enhance and further develop the Product and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Bidsketch to deliver these to you) as part of your use of the Product.
12.1 The Terms will continue to apply until terminated by either you or Bidsketch.
12.2 If you want to terminate your legal agreement with Bidsketch, you may do so by
notifying Bidsketch in writing at any time. Your termination notification should be sent
to Bidsketch’s address which is set out at the beginning of these Terms.
12.3 Bidsketch may at any time terminate its legal agreement with you if:
(a) you have breached any provision of the Terms;
(b) Bidsketch is required to do so by law.
12.4 When these Terms come to an end, all of the legal rights, obligations and liabilities
that you and Bidsketch have benefited from, been subject to or which are expressed to
continue indefinitely, shall be unaffected by this cessation.
12.5 Termination requests will not be pro-rated.