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BONUS: copyright work made for hire and assignment agreement
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You are legally bound by this agreement. So, read it carefully.
The terms and conditions of this Agreement govern your access to and use of our websites and services (collectively, the “Services”).
By accessing and using the Services, or continuing to use the Services, and other good and valuable consideration, you hereby acknowledge your acceptance and agree to comply with the terms and conditions of this Agreement, which was last revised as indicated at the end of this Agreement and may be updated from time to time.
You acknowledge that you are capable of entering into a binding agreement with us and will not use our Services if you cannot enter into a binding agreement.
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We may terminate your access or use for any or no reason, and we shall bar you from any further access or use of our Services if your use violates the terms and conditions of this Agreement or any applicable laws, rules or regulations. For example, read the copyright takedown warning and notice provisions in this Agreement.
Services, Modifications & Reminders
Our Services are constantly changing and we reserve the right to change or discontinue Services without prior notice to you. If we are providing reminder or watch services to you, then we will attempt to contact you, if these services are terminated, using the contact information that you have provided to us. It is your responsibility to update and maintain accurate contact information, to check your spam filter and to establish your own independent reminders of critical deadlines and renewal dates for your valuable intellectual property.
Paradies IP may stop or suspend our Services or select features of our Services to you or to users, generally, and we might not be able to provide you with prior notice. We retain any and all rights to restrict access or to create other limits on the use of our Services at our sole discretion at any time without prior notice to you.
Our Services are provided based on a fully-paid-up fee or a payment plan, and if you fail to pay or payment fails due to your failure to update your credit card information with our third party payment service (e.g. Stripe, paypal...), then we shall terminate our Services. It is your responsibility to make sure that your subscription is up to date and active.
Warranties, Limitations And Disclaimers
Except for gross negligence, reckless disregard for safety and fraud, and otherwise to the maximum extent permitted by applicable law, rules and regulations, we will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages including, without limitation, lost profits, lost data, lost goodwill or any other losses in the value of intellectual property, resulting from your access or use of our Services. (Sorry for the legalese, but these terms are legally defined terms, which limit our liability. The term “we” in this section shall include, without limitation, Paradies IP and all of our members, shareholders, managers, directors, agents and affiliates. The phrase “access or use of our Services” in this paragraph shall include, without limitation, inability to access or use, any content accessed or used, and any unauthorized access or use of your information or alteration of your information. The limitations on liability in this paragraph shall apply to any and all disputes, regardless of the legal theory upon which such dispute is based, including, without limitation, warranty, contract or tort, including negligence, and whether or not we were informed of the possibility of damages and even if remedies available in this Agreement fail their essential purpose. Some jurisdictions do not allow for exclusions of certain warranties or the limitation of liability for damages, so the limitations of this paragraph may not apply to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY IS TO REQUEST RETURN OF THE AMOUNT YOU ACTUALLY PAID IN FLAT FEES OR PAYMENT PLANS FOR ACCESS TO OUR TRAINING, WHICH WILL CANCEL YOUR ACCESS TO OUR TRAINING AND TERMINATE YOUR LICENSE TO USE, COPY OR CREATE DERIVATIVE WORKS OF OUR COPYRIGHTED AGREEMENTS AND TRAINING MATERIALS AND CANCEL YOUR SUBSCRIPTION AT THE END OF ITS NEXT TERM (TYPICALLY, MONTHLY). YOU ARE NOT ENTITLED TO ANY REFUND OR PRORATED RETURN OF ANY SUBSCRIPTION FEES FOR ANY SUBSCRIPTION PLANS.
LIMITED 30-DAY WARRANTY: IF YOU ARE NOT SATISFIED, THEN PARADIES IP SOLUTIONS LLC WILL REFUND THE AMOUNT YOU ACTUALLY PAID IF YOU PROVIDE ACTUAL NOTICE WITHIN 30 DAYS OF PAYMENT. THIS APPLIES TO SUBSCRIPTIONS, ALSO, BUT ONLY THE PAYMENTS MADE WITHIN 30 DAYS OF THE NOTICE WILL BE REFUNDED.
TERMINATION OF YOUR SUBSCRIPTION OR REQUESTING A REFUND IMMEDIATELY TERMINATES ANY LICENSE(S) GRANTED BY PARADIES IP, AND YOU AGREE TO STOP USING ANY DOCUMENTS AND FORMS DOWNLOADED FROM OUR WEBSITES AND TO DELETE THESE FORMS FROM YOUR COMPUTER SYSTEMS AND ANY OTHER STORAGE LOCATIONS, WHETHER PHYSICALLY IN YOUR POSSESSION OR ACCESSIBLE BY YOU. YOU ACKNOWLEDGE THAT A CURRENT SUBSCRIPTION OR FULLY PAID UP FEE IS REQUIRED TO COPY AND SHARE ANY FORMS WITHIN YOUR COMPANY, WHETHER ORIGINAL OR MODIFIED BY YOU, AND YOU WILL NOT SHARE ANY MATERIALS PROVIDED BY US WITH ANY THIRD PARTY, EXCEPT FOR PURPOSES OF ENTERING INTO AN AGREEMENT WITH A THIRD PARTY OR REVIEW BY ATTORNEYS. YOU MAY KEEP AND COPY ANY AND ALL PAST AGREEMENTS EXECUTED BY THE PARTIES TO THE AGREEMENTS, BUT YOU SHALL NOT ENTER INTO ANY FURTHER AGREEMENTS, IN THE FUTURE, USING OUR AGREEMENTS OR USE THE AGREEMENTS AS FORMS FOR FUTURE AGREEMENTS AFTER YOUR SUBSCRIPTION IS CANCELLED OR A REQUEST FOR A REFUND IS MADE, FOR ANY REASON.
Other than the foregoing limited warranty, to the extent permitted by applicable law, we provide no general or limited warranty, express or implied, for our Services. These Services are provided “AS IS” and when available. Your access and use of our Services or reliance on information or materials obtained from us is at your own risk. Watch and reminder services, if included in any offer, are a back-up and convenience to your own efforts to discover infringing uses and docket and remind yourself of coming due dates. We are relying on you for information provided to us, and we depend on such information being accurate and reliable.
Without limiting the foregoing, PARADIES IP DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to the maximum extent permitted by applicable law. We are not responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of our Services, which are hosted on third-party websites. You agree that we have no duty or liability for deletion of, or the failure to store or to transmit, any information and other communications by our Services. No advice or information, whether oral or written, obtained from Paradies IP or through the Services, will create any warranty not expressly made herein, and this Agreement is the complete and final understanding between us.
We make no claims or warranty that our content or information is complete, accurate, reliable or timely with respect to you or your particular circumstances, and none of our content or information should be considered legal advice. Our content and information is provided as educational materials, coaching, counseling and represents only the viewpoints and priorities of the speakers, which are likely not the same as other third parties or experts in intellectual property law. Our content and information is believed to be true by us on the date and time that we add the content and information to our Services. Changes in the law, rules and regulations can make our content and information dated and inaccurate, and we make no claims that our content and information is up-to-date with the latest changes in laws, rules and regulations in Florida, the United States of America, or anywhere else in the world.
Our Services contain hyperlinks to third party websites and resources, and we are not responsible or liable for anything related to these third party websites. These links are provided as a courtesy to make finding the information easier and may be broken or become broken over time. Furthermore, you agree to abide by the terms and conditions of these third party websites. Any hyperlink to a third party website does not imply any endorsement of the third party website or its contents by us. These hyperlinks are provided “AS IS” and when available. You assume all risks arising from your accessing any such third party website using such hyperlinks.
WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INFORMATION OR ANY LOSS, DAMAGE OR HARM TO YOU FROM YOUR ACCESS AND USE OF OUR SERVICES, WHETHER POSTED TO OUR WEBSITES, EMAILED TO YOU OR OTHERWISE TRANSMITTED OR MADE AVAILABLE TO YOU VIA OUR SERVICES OR BROADCASTS. YOU WILL TAKE ALL NECESSARY PRECAUTIONS TO SCREEN FOR AND INTERCEPT ANY HARMFUL OR DAMAGING CODE RECEIVED AS A RESULT OF THE USE OF OUR SERVICES.
These limitations and all of the terms and conditions of this Agreement are material to this Agreement, and you acknowledge that the cost of services to you has taken into consideration these limitations on liability and restrictions on warranties.
You agree to consult with an attorney or legal adviser before entering into any agreement or changing your legal positions in any way based on the information provided by our Services. You agree that you have the opportunity to consult with an attorney regarding the terms of this Agreement and agree to be bound by this Agreement.
We grant you a limited right to make a personal copy of content on this website solely for your personal use (or, if an employee of a company working within the scope of your employment, your employer's use) in researching or using the Services, only if you secure your copy and do not make additional copies for others, refrain from removing any copyright notices and acknowledge the authorship of the original author of any copyrighted works. You cannot use the content and information from our Services on your website or to provide services to others without our express written permission, obtained in advance. This does not restrict your rights under applicable law, rules and regulations to use information obtained from our Services in any way permitted by law. Any other use of content and materials from our Services is strictly prohibited without our express written permission, obtained in advance, including, without limitation, any copying, modifying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, compiling, commercial use or use as a service bureau or electronic agglomerator.
Paradies IP grants you a limited license to "use" forms, as such use is defined herein, from our form library, only to the extent that you have a current subscription or fully paid up flat fee that gives you access to the particular form in our form library. Herein, "use" means downloading a copy of a form for use by the subscriber, modifying a form by adding, deleting or changing portions of the form, and sharing the form only with a person (including corporations and other entities) that is a party or potential party in an agreement contemplated by the form. You shall not remove any copyright notices or other identification markings from the form, without the prior written permission of Paradies IP.
Scraping of information from our websites and Services is strictly prohibited.
Access by any automated system or “bot” is strictly prohibited.
We reserve all equitable and legal rights and remedies including, without limitation, the right to restrict or prevent your access to our Services at our sole discretion.
You shall not use our Services for any illegal purpose.
You shall not interfere with or diminish our right, title and interest in our Services or our copyrights or other intellectual property rights. Our content, methods and processes for owning, protecting and growing the value of IP that are not generally known among entrepreneurs are our confidential information and trade secrets.
Except as expressly permitted in this Agreement, you shall not copy, reproduce, modify, create derivative works, distribute, broadcast, sell, transfer, publicly display, publicly perform, transmit, or otherwise disseminate any content or materials available through our Services.
You shall use our Services only in accordance with any and all applicable laws, rules and regulations.
You shall not upload or transmit any computer viruses, macro viruses, Trojan horses, worms, or anything else that interferes with or disrupts normal operating procedures of a computer.
You shall not upload or transmit any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.
You shall not use our Services in a way that might cause our Services to be interrupted, damaged or rendered less efficient, or impair the effectiveness or functionality of our Services.
You shall not use our Services in any manner which violates or infringes the rights or any person, firm or entity.
You shall not tamper with or modify our Services.
You shall not access non-public areas of our Services.
You shall not give anyone permission to use your password or userid to access our Services.
You shall not access our Services with anyone else’s userid or password.
You shall not access our Services by intentionally hacking, breaching or circumventing in any way any of our Services requiring users to use a userid or password for access.
You shall not probe, scan, or test any vulnerabilities of our Services or the systems that host our Services.
You shall not access or search our Services by any automated means.
You shall access or search our Services only using our currently available, published interfaces provided by our Services.
You shall not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
You shall not disrupt access to our Services by any other user.
You shall not interfere with or create an undue burden on our Services.
Legal Rights And Remedies
All right, title, and interest in and to the Services (excluding any information provided by users) are and shall remain the exclusive property of us. Nothing in this Agreement transfers any right, title or interest to you or anyone else.
Our Services and brands are protected under copyright laws, trademark laws, trade secret laws and other laws of the United States and the State of Florida. All rights and remedies are reserved by us, and failure to enforce any of our rights or to seek any remedies in one or several instances or occasions shall not be deemed a waiver of any of our rights and remedies for another instance or occasion.
Nothing in this Agreement or in our course of dealings shall give you any right to use our name, brands, trademarks, logos, domain names, trade dress or other protectable brand identifying devices. Nothing in this Agreement gives you a right to use any of our intellectual property without our express written permission, obtained in advance. All rights are reserved by us.
Terms or conditions held to be invalid or unenforceable shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.
YOU HEREBY AGREE TO INDEMNIFY US AND TO HOLD HARMLESS PARADIES IP SOLUTIONS, LLC AND OUR AGENTS, MEMBERS, SHAREHOLDERS, DIRECTORS, EXECUTIVES AND ASSOCIATED COMPANIES AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR SERVICES, OR THE USE BY ANY OTHER PERSON, ACCESSING OUR SERVICES USING YOUR EQUIPMENT OR INTERNET ACCESS ACCOUNT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
We do not knowingly collect any personal information from children, and children age 13 and under are not permitted to use our Services. You hereby acknowledge that you are considered an adult person within your jurisdiction and are capable of being legally bound by this Agreement.
Our Services may require certain information, which is required to be provided timely and accurately. If you fail to provide timely and accurate information or to make timely decisions, then your intellectual property rights and/or rights in a registered entity may be impaired, abandoned or otherwise lost, affecting their value.
We are not responsible for your failure to communicate with us in the ways that we will provide to you, and you must ensure that our communications do not get deleted or redirected to spam or elsewhere. You agree to promptly answer our questions and those of our agents and affiliates. You agree to promptly complete and return any and all forms required by us or our agents or affiliates including, without limitation, powers of attorney forms required to represent you before patent offices and trademark offices.
You agree to promptly update your contact information with us, whenever it changes, including, without limitation, your email address, telephone and mailing address. You agree to designate a person to be the point of contact in your organization, having the authority to make decisions and to bind your organization to the decisions that your organization makes and the payments authorized. You agree to update the contact person whenever necessary.
We may attempt to negotiate flat fee rates with agents and foreign counsel on your behalf, if we offer that type of service, but exchange rates and costs can vary from prices quoted. Therefore, amounts requested from you may not be the same as the amount quoted by foreign counsel if we act as an intermediary payment processor. Also, additional fees and costs may be billed by foreign counsel for necessary services provided in response to a communication to the foreign counsel from a foreign office. You agree to pay agents and foreign counsel the amounts invoiced in the currency invoiced according to the method required by agents and foreign counsel. This may incur wire transfer fees or other costs not included in the original invoice. We will not be responsible for paying any amount to agents or foreign counsel for fees or costs, and your failure to timely pay invoiced fees or costs can cause complete loss of your rights in intellectual property.
If we agree to communicate with foreign counsel on your behalf, we will attempt to provide you with adequate notice and reminders of the deadlines for these fees and costs, but you agree to be responsible for early payment and early decisions that do not push deadlines close to the point of losing your rights in intellectual property. In practice, we or service providers we use may request full payment, in advance, up to six months prior to a deadline, and you agree to provide such advance payment no later than three months prior to a deadline.
Invoices provided to you are estimates of the fees and costs, and you agree to pay any difference between the estimates and the actual fees and costs, if more. An invoice is not an offer to provide services, and we are not bound to provide Services to you until payment is received for Services. Costs and fees change frequently. Failure to timely respond may cause costs and fees to increase, and you agree to pay the additional costs and fees caused by any increase caused by your delay.
Delay in authorization or payment may lead to abandonment of your rights in intellectual property or may require additional fees for revival or reinstatement of rights, if available.
We may charge additional fees for services such as communicating with foreign counsel, communicating with you about foreign IP matters, and docketing due dates on your behalf. Our fees and the fees and costs charged by agents and affiliates are subject to change at any time and do fluctuate in actual practice based on exchange rates, availability and workload.
Failure to comply with the instructions on an invoice including, without limitation, due dates, payment instructions and communications may cause us to terminate our Services to you. If we terminate Services to you, we will not refund any amounts paid for subscriptions or Services already rendered. We will only refund any amounts that we are holding in trust for you for Services that have yet to be rendered and have been cancelled, and then we will only refund the portion held, less any costs and fees for Services already rendered on your behalf. You acknowledge that we seldom hold any fees and costs in trust. If you are not responsible for paying such fees and costs directly to our agents or affiliates, then we usually transmit such fees and costs after our financial institution indicates that your draft has cleared through your financial institution.
You agree that we, our agents and affiliates may issue a subsequent invoice if the fees or costs invoiced change between the time that the original invoice is paid and the fees or costs are paid to a patent office or trademark office.
You acknowledge that your delays in making decisions or prepaying invoices may cause abandonment of your intellectual property rights, the occurrence of late fees, a substantial increase in costs for rushed work, stressfulness, overtime or fees for extensions of time to file late documents or translations.
You acknowledge that once instructions are given, cancellation of the instructions may not be possible. A fee will be incurred for any cancellation of instructions already given, based on the costs already incurred as a result of the initial instructions and the time and effort required to cancel the previously issued instructions. We may not agree to cancel previous instructions after foreign counsel or agents have received and acted on your instructions.
We offer no guarantees that legal counsel or agents, whether foreign or domestic, will timely complete their work, and your sole recourse for any failure of legal counsel or agents to timely complete their work is with the legal counsel or agents, directly.
We offer no guarantee that your patent or trademark will be granted, renewed or maintained. We offer no guarantee that our Services will help you to decide whether or not you should protect your intellectual property by registering, renewing or maintaining your intellectual property.
Preferably, agents and foreign counsel work directly for you, and our Services are limited to backup reminders, administrative services and watch notices, and all reminders are in addition to those reminders you and/or your legal counsel have put in place. We are happy to contact any legal counsel or agent appointed by you on your behalf to arrange for your patent or trademark services. Paradies iP solutions LLC is not a law firm and does not provide legal services.
In most instances, you will make payment directly with the agents or foreign counsel, in advance. Those legal counsel and agents listed on our Services are independent third party providers. We do not endorse them, and we do not guarantee their services.
We may help to arrange for transfer of payments and currency conversion on your behalf as an additional Service to you, only after verifying your credit worthiness. We will not transfer any funds until our financial institution indicates that your funds have cleared your financial institution. This may cause delays in transfer of funds, and we encourage you to provide sufficient time for funds transfer and clearance or to make arrangements to pay foreign counsel or agents directly. We may use the services of a credit reporting agency, law firm or financial service provider in deciding whether to provide these services to you or in providing these services to you, and you agree and authorize us to use a credit reporting agency, law firm or financial service provider.
We offer no guarantee that your intellectual property has any value. We offer no guarantee that your pending application will be granted or registered by any patent office or trademark office. This is a matter for the offices to decide, and you should seek legal counsel from a registered agent or attorney in the appropriate jurisdiction to determine whether or not your application has merit in that jurisdiction.
You agree that if you enter into bankruptcy or have a change in your financial situation that we can cancel any Services, without prepayment and assurances that such prepayment will not be revoked by a court, trustee or receiver, and we can notify foreign counsel of your bankruptcy or change in your financial situation.
Not A Law Firm
Paradies IP is not a law firm, and we do not provide legal services. Agents and foreign counsel located in foreign jurisdictions and the United States of America may or may not provide legal services, depending on local law, rules and regulations. Often, patent agents provide patent services that are not legal services. Rules vary according to jurisdiction. In the United States of America, laws, rules and regulations governing the practice of law vary from state to state. Our Services are educational and administrative.
Your communications with Paradies iP Solutions LLC may not be protected by attorney-client privilege. We do not advise you on the legal implications of taking or not taking any legal action.
Our educational products and consulting teach you how to manage your own intellectual property, help your business to develop its own intellectual property plan, and help you to identify and create your own agreements to be used in your business to own, protect and grow the value of your intellectual property and to transfer that value to your brand. These education products and services are not legal services, and you should consult your own legal counsel about any agreement before entering into a legal agreement with anyone.
Since our Services are educational, consulting and administrative, we do not conduct conflict checks. Whether your agent or legal counsel conducts a conflict check will depend on the laws, rules and regulations of the jurisdiction applicable to your agent or legal counsel. While we may retransmit or receive copies of communications received from your agent or legal counsel, we use such communications only to update due dates in our system and to set up reminders for you, if we offer this service to you.
You agree not to assert the existence of any conflict, and we have the right to cancel Services to you if you assert the existence of a conflict, without reimbursing any amounts paid by you.
You agree not to assert that a conflict exists that would prevent any agent or foreign counsel from representing a third party. If you determine that a conflict exists with the use of any agent or foreign counsel, then you agree to find a different agent or foreign counsel. If you determine that a conflict exists with the use of any agent or foreign counsel after the agent or foreign counsel provides services to you, then you agree to have the agent or foreign counsel transfer your matters to a different agent or foreign counsel, without preventing the agent or foreign counsel from continuing to represent any other third party. In any jurisdiction where this provision is unenforceable or void, this provision shall be severed from the remainder of this Agreement, and the remainder of the Agreement shall remain enforceable.
Binding Arbitration, Choice of Law
IF ANY DISPUTE ARISES BETWEEN YOU AND US, THEN YOU AGREE THAT THE DISPUTE WILL BE SUBJECT SOLELY AND EXCLUSIVELY TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE LOCATION OF THE ARBITRATION SHALL BE TAMPA, FLORIDA, AND THE DECISION OF THE SINGLE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES TO THE ARBITRATION. THE PARTIES SHALL SPLIT THE COSTS OF ARBITRATION EQUALLY. FAILURE TO PAY YOUR SHARE OF ARBITRATION OR TO ABIDE BY THE RULINGS OF THE ARBITRATOR WILL RESULT IN YOUR IMMEDIATE DEFAULT AND COULD RESULT IN A JUDGMENT AGAINST YOU FOR YOUR SHARE OF THE ARBITRATION AND OTHER COSTS, SUCH AS OUR ATTORNEYS FEES AND COSTS. IF YOU ARE NOT A RESIDENT OF THE UNITED STATES OF AMERICA, THEN YOU AGREE TO BE BOUND BY THE FLORIDA INTERNATIONAL COMMERCIAL ARBITRATION ACT, TITLE XXXIX, FL. STAT. CHAPTER 684, AND YOU AGREE THAT ANY DISPUTE ARISING FROM THIS AGREEMENT OR IN ANY WAY RELATING TO THE SERVICES PROVIDED BY PARADIES IP SOLUTIONS LLC SHALL BE ARBITRATED BY A SINGLE ARBITRATOR IN TAMPA, FLORIDA, UNITED STATES OF AMERICA, IN ACCORDANCE WITH THE FLORIDA INTERNATIONAL COMMERCIAL ARBITRATION ACT.
You agree that the single arbitrator shall be a U.S. citizen, and the language of the arbitration shall be English. if the parties are unable to agree on an arbitrator, the arbitrator shall be appointed, upon request of a party, by the court specified in Florida Statutes Section 684.0008.
You agree that this Agreement shall be interpreted and enforced according to the laws of the State of Florida, without recourse to Florida’s choice of law and conflict of laws provisions, as if executed and fully performed solely in the State of Florida. Your hereby waive any right to challenge choice of law.
We are not liable for any claims arising from failure to perform the Services due to unforeseen circumstances or events, such as denial of service attacks, Internet outages, power outages, war, revolutions, terror attacks, natural disasters, riots, disease, criminal activity, disaster or government actions.
Entire, Final, Complete
This Agreement is the entire, final and complete agreement between you and Paradies IP regarding the Services provided by us and supersedes and replaces any and all prior agreements between you and Paradies IP. Our revisions to this Agreement shall be announced on the websites associated with our Services and shall take effect immediately. You agree that you have had the opportunity to review and consider the terms and conditions of this Agreement fully and had the opportunity to consult with legal counsel about the terms and conditions in this Agreement.
Data Processing Addendum
“Data Protection Legislation” refers to European Directives 95/46/EC and 2002/58/EC, and any legislation and/or regulation implementing or made pursuant to them, or which amends or replaces any of them (including the General Data Protection Regulation, Regulation (EU) 2016/679);
“Data Processor”, “Data Subject”, “Processor”, “Processing”, “Subprocessor”, and “Supervisory Authority” shall be interpreted in accordance with applicable Data Protection Legislation;
“Personal Data” as used in this Addendum means information relating to an identifiable or identified Data Subject who visits or engages with or participates in Our Services or Website (a “Learner”), which We or any of our agents process as a Data Processor in the course of providing you with Our Services.
Where a Data Subject is located in the European Economic Area, that Data Subject’s Personal Data will be processed based in Canada for Our Services provided on Thinkific’s third party servers. As part of providing Our Services, Your Personal Data may be processed or transferred to other regions, including to Canada and the United States. Such transfers will be completed in compliance with relevant Data Protection Legislation.
When Thinkific’ Servers Process Personal Data in the course of providing Our Services, Thinkific will:
Process Personal Data as a Data Processor, only for the purpose of providing Our Services in accordance with documented instructions from You (provided that such instructions are commensurate with the functionalities of Our Services), and as may subsequently be agreed to by You. If We or our agents are required by law to Process the Personal Data for any other purpose, We will provide you with prior notice of this requirement, unless We or our agents are prohibited by law from providing such notice;
notify you if, in Our opinion, your instruction for the processing of Personal Data infringes applicable Data Protection Legislation;
notify you promptly, to the extent permitted by law, upon receiving an inquiry or complaint from a Data Subject or Supervisory Authority relating to Our or Our agents’ Processing of the Personal Data;
implement and maintain appropriate technical and organizational measures to protect the Personal Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of Personal Data and appropriate to the nature of the Personal Data which is to be protected;
notify you promptly upon becoming aware of and confirming any accidental, unauthorized, or unlawful processing of, disclosure of, or access to the Personal Data;
ensure that its personnel who access the Personal Data are subject to confidentiality obligations that restrict their ability to disclose the Customer Personal Data; and
upon termination of the Agreement, We will promptly initiate Our purge process to delete or anonymize the Personal Data. If you request a copy of such Personal Data within 60 days of termination, We or Our agents will provide you with a copy of such Personal Data.
In the course of providing Our Services, you acknowledge and agree that We may use Subprocessors to Process the Personal Data. Our use of any specific Subprocessor to process the Personal Data must be in compliance with Data Protection Legislation and must be governed by a contract between Us and Subprocessor.
Last updated on June 16, 2020
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