These LinkedData.Center terms & conditions (“agreement” or “terms”) govern your acquisition and use of LinkedData.Center’s services. If you register for a free trial for LinkedData.Center’s services, this agreement will also govern that free trial. By accepting this agreement, either by clicking a box indicating your acceptance or by executing an order form that references this agreement, you agree to the terms of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms, in which case the terms "you" or "your" shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms, you must not accept this agreement and may not use the services.
You may not access the Services if You are LinkedData.Center’s direct or indirect competitor, except with LinkedData.Center’s prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
LinkedData.Center reserves the right to change these Terms or any Services at any time, effective upon the posting of modified Terms or Services on the Website, and LinkedData.Center will make every effort to communicate these changes to You via email or notification via the Website. It is likely that the Terms will change over time. It is Your obligation to ensure that You have read, understood and agree to the most recent Terms available on the Website.
This Agreement was last updated on 9 October, 2016. It replaces any prior agreement(s) and is effective between You and LinkedData.Center as of the date of You first executing an Order Form subscribing for the Services.
LinkedData.Center grants You the right to access and use the Services. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber, or any other applicable laws, the Subscriber is responsible for the use of the Service.
An invoice for the Access Fee will be issued monthly in advance at the beginning of each monthly subscription period for which You have subscribed for in an Order Form. All invoices will include the Access Fee for the corresponding period of use (including any one-time-service fees that shall be payable in lump sums). LinkedData.Center will continue invoicing You monthly in advance until this Agreement is terminated in accordance with clause 8.
You may from time to time be offered preferential pricing or discounts for the Access Fees as a result of the number of organisations that You have added to the Services or that have been added with Your authority or as a result of Your use of the Services (“Your Organisations”). Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organisations. Without prejudice to any other rights that LinkedData.Center may have under these Terms or at law, LinkedData.Center reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Services in respect of any or all of Your Organisations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.
You must only use the Services and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by LinkedData.Center or condition posted on the Website. You may use the Services and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
Use of the Services may be subject to limitations, including monthly transaction volumes, number of users, storage and index space, number of RDF triples and the number of calls You are permitted to make against LinkedData.Center’s application programming interface (“API”). Any such limitations may be varied by LinkedData.Center in its sole discretion and will be advised from time to time. Any limitations will remain in effect for the duration of your contract with LinkedData.Center and any subsequent renewal period.
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message centre), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including: offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
You indemnify LinkedData.Center against all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to LinkedData.Center, including any costs relating to the recovery of any Access Fees that are due but have not been paid by You.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of LinkedData.Center (or its licensors).
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data uploaded to the Website is contingent on full payment of the LinkedData.Center Access Fees when due. You grant LinkedData.Center a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of Services to You. For the avoidance of doubt, this licence is without limitation to LinkedData.Center’s right to create anonymised data compilations or similar works.
You must maintain copies of all Data inputted into the Service. LinkedData.Center adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. LinkedData.Center expressly excludes liability for any loss of Data no matter how caused.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that LinkedData.Center may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. LinkedData.Center shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
When You input any Data onto the Website You agree and acknowledge that You are responsible for ensuring the accuracy of such Data. LinkedData.Center is under no obligation to ensure that Your Data on the Website is an accurate representation of Your actual business data.
You warrant that where You have registered to use the Services on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Services You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
LinkedData.Center gives no warranty about the Services. Without limiting the foregoing, LinkedData.Center does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including warranties of merchantability, fitness for purpose, title and non-infringement.
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms. In particular, the parties acknowledge and agree for the purposes of section 43 of the Consumer Guarantees Act 1993 (“CGA”) and section 5D of the Fair Trading Act 1986 (“FTA”) that: pursuant to this Agreement goods and/or services are being supplied and acquired in trade, they are all in trade, they are contracting out of the provisions of the CGA and sections 9, 12A, 13 and 14(1) of the FTA and it is fair and reasonable that they are bound by this clause 6.4.
7.1. To the maximum extent permitted by law, other than as set out in clause 7.2 below, LinkedData.Center excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Services or Website.
7.2. If You suffer loss or damage as a result of LinkedData.Center’s negligence or failure to comply with these Terms, any claim by You against LinkedData.Center arising from LinkedData.Center’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 3 months.
7.3. If You are not satisfied with the Service, Your sole and exclusive remedy, other than as set out in clause 7.2 above, is to terminate these Terms in accordance with Clause 8.
When You first sign up for access to the Services You can evaluate the Services for a period of seven days, with no obligation to continue to use the Services. You may elect to, on or before the seventh day after the initial submission of Your Order Form under which you requested the Services, discontinue the Services and receive a full refund of any Access Fees paid minus any one-time-service fees accrued up to the date of discontinuation (in accordance with the refund policy under clause 8.7). If You do not elect to discontinue using the Services in this seven day timeframe, You will be billed from the day You first added Your billing details into the Services in Your Order Form. If You choose to discontinue using the Services, You must apply in writing to support@LinkedData.Center to remove you from the Services.
You may not reduce your subscribed Services to a lesser Service within a monthly subscription period. You may only reduce your subscribed Services to a lesser Service for the following monthly subscription period by providing LinkedData.Center with written notice of the reduction at least 10 days prior to the start of the following monthly subscription period. You may change your subscribed Services during a monthly subscription period by adding additional Services or subscription levels. The amount owing on such additions will be added to Your Access Fees payable for Your next monthly subscription on a pro-rata basis.
These Terms will continue for the monthly period covered by the Access Fee paid or payable under clause 3.1. At the end of each monthly subscription period these Terms will automatically continue for another monthly period and the Access Fee for that month will continue to be due and payable in advance, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms. Notwithstanding the above, You are not entitled to terminate these Terms within 90 days of the day You first added Your billing details into the Services in Your Order Form, other than in accordance with the seven day trial period set out in clause 8.1.
then LinkedData.Center may take any or all of the following actions, at its sole discretion:
For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts or any of Your Organisations is not made in full by the relevant due date, LinkedData.Center may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
Clauses 3.1, 3.7, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
If you terminate your subscription within 7 days of You first adding Your billing details into the Services in Your Order Form you will be entitled to a refund of certain Access Fees paid in accordance with clause 8.1 (subject to the provisos set out in this clause 8.7). This includes a full refund of any monthly fees paid, but where you have requested delivery of a one-time-service (such as Account Management and Onboarding) in Your Order Form and received that service, you are not entitled to a full refund of the one-time service fee, but will instead be charged for the Services actually received at an hourly rate of 100,00€. Under no other circumstances is LinkedData.Center required to refund any Access Fees for any reason whatsoever. . Where you have paid for a Service but not received the Service (be it a one-time-service or otherwise) you will be entitled to a refund only if the refund request is received within 30 days of payment being received.
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting LinkedData.Center. If You still need technical help, please check the support provided online by LinkedData.Center on the Website or failing that email us at support@LinkedData.Center LinkedData.Center will endeavour to address all queries and requests for assistance received through the Website or via email as promptly as reasonably possible, but does not warrant that support will be immediately available.
Whilst LinkedData.Center intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
A waiver of any breach of any provision in these Terms shall not be effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed. If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without LinkedData.Center’s prior written consent.
This Agreement is governed by the laws of Europe and You hereby submit to the exclusive jurisdiction of the courts of Italy for all disputes arising out of or in connection with this Agreement.
All correspondence should be addressed to:
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission unless an electronic error message is received by the sender. Notices to LinkedData.Center must be sent to support@LinkedData.Center or to any other email address notified by email to You by LinkedData.Center. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.