Terms of Use

By viewing Insightory.com ("website"), creating an account, uploading or downloading files, adding comments, creating a profile or performing any other activity on or related to the website, you acknowledge that you have read, understood, and accepted the:

• Terms and Conditions ("Terms") described below, including any future revisions of these terms.
• Insightory's Privacy Policy.

Insightory Inc. ("Insightory") may change these Terms and Policies at any time, and you agree to accept those changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

If you are submitting a document to Insightory, you should review and accept a separate set of terms.

To upload documents, create your profile and perform certain other functions on the website, you will have to create an account. When you create an account, you accept the following responsibilities:

• Ensuring all information is accurate and complete.
• Ensuring your log-in name and password are secure.
• Not allowing anyone else to use your account.
• Informing Insightory immediately if you learn of any unauthorized activity on your account.

You agree that Insightory does not have any liability for unauthorized use of your account.

All documents, as well as related descriptions and abstracts (collectively referred to as "content") and user comments (collectively referred to as "content") are provided by users. Insightory itself does not create any content. We only provide the underlying technologies and processes for gathering, organizing, distributing and displaying management-related content.

You recognize that all content on Insightory is the intellectual property of the user who created it. The user has provided Insightory a non-exclusive license to use this content on the website.

Only the following uses of this content are permitted:

• Viewing and downloading documents and other content to enhance your own professional knowledge.
• Providing references or links to content on the website.
• Forwarding content to others using the functionality provided on the website
• Reproducing sections of the document that are clearly defined as "abstract" or "summary" (these are generally restricted to about 200 words) as long as there is clear mention of the contributor and of Insightory.
• "Fair Use" of the content:
  • The principle of fair use in US Copyright Law allows limited use of copyrighted materials for criticism, commentary, parody, news reporting, research and teaching. E.g. under fair use, quoting a specific finding, data point or conclusion from one work in order to support a related but different analysis in another work may be permitted. The determination of what is fair use and what is a copyright violation is subjective, but generally revolves around these 4 factors:
    • Purpose and character of use (i.e. are you creating something original or merely copying/ repackaging the existing material)?
    • Nature of the copyrighted work (i.e. is it fact or fiction? Published or unpublished? Facts cannot be copyrighted, though an expression of facts may be copyrighted. Unpublished works are generally allowed a more stringent interpretation of copyright.)
    • Amount and substantiality of the portion taken (i.e. what % of the material have you copied in relationship to the entire body of work and was it a "critical" section?)
    • Effect of the use on the potential market (i.e. does your copying deprive the contributor of additional revenues?)
  • If you are using any content from Insightory in your own work, the responsibility for determining whether it is fair use or not, is yours alone. Insightory cannot and will not provide any guidance or support on this matter. If it is determined that you violated the principle of fair use, or any other principle related to intellectual property, you agree to bear the entire liability.
• Other use as authorized by Insightory.

You agree to not use content for any use other than the "permitted uses" listed here.

As an Online Service Provider, Insightory cannot and does not review all content before it is uploaded to the website. Occasionally, someone may post content that is inaccurate, inappropriate, offensive or even illegal. By using the site, you agree that Insightory has no responsibility or liability for, or due to, this content. We are committed to removing such content if it is brought to our attention; however that process is not instantaneous, may involve subjective judgment, and is not guaranteed to work every time. If you are offended or aggrieved by such content, you agree that your only recourse is to leave the website.

Any opinion, recommendation or advice in the content is that of the user only, and not that of Insightory.

The website may contain links to other websites and blogs, as well as references to "offline resources" (such as books, magazine, seminars etc.) that are not owned or controlled by Insightory. We have no responsibility or liability for the Content, Terms of Use, Privacy Policies or other Policies of other websites and resources.

You agree to not perform any activity that may impede Insightory's business. Restricted activities include, but are not limited to:

• Copying or modifying any part of the website, or its underlying or related technologies.
• Disabling or circumventing the security and access-control features of the website
• Accessing content through any means other than those available on the website, or otherwise authorized by Insightory.
• Using the website for a commercial purpose without being authorized by Insightory.
• Using or creating any automated system (such as a "robot," "spider," or similar technology) to access the website. Search engine firms are exempted from this restriction to the extent they need to access the website using automated systems for the purpose of indexing the content for public search.
• Sending unsolicited advertisements, promotions, petitions, mass emails or "spam" to other users.
• Using the website for any illegal purpose.
• Behavior that is not appropriate for a professional community - including, but not limited to, use of profanities, lewdness, aggression, defamation, threats or other harassment.
• Collecting personal information about users or third parties without their approval.
• Impersonating someone else on the website.
• Making disparaging comments about other users or about Insightory, its officers, directors and employees.

Insightory may appoint, or ask users to appoint or elect, "moderators" for various functions on the website such as moderating comments, promoting interactions between users, forming groups and so on. You agree that such "moderators" may edit or delete any content posted by you.

You agree that Insightory reserves all rights not expressly granted to you under these Terms and it retains exclusive ownership of the website, the underlying and related technologies and all intellectual property associated with them. This includes the name "Insightory", the logos and any other trademark, service mark or other intellectual property used in association with the website.

Insightory reserves the right to modify, change or discontinue the website at any time.

Insightory does not permit violations of copyright or any other intellectual property law. Any content that infringes on third party intellectual property rights may be removed directly by Insightory, or by using the process described below.

In order to protect their copyrights, content owners may send a DMCA notification to our registered Copyright Agent:

Avneet Jolly
27 East Russet Grove Circle
The Woodlands, TX 77384
Fax: 832-426-7698

In order to be proper, a notification of claimed infringement must be provided in writing, and must include:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Insightory to locate the material.
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and email address.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If the claim is found to be valid, Insightory will adopt measures at its discretion to ensure protection of the copyright. This may include removal of the infringing material, termination of the infringing party's account or any other measure at Insightory's discretion. Users that are found to be "repeat infringers" (i.e. those that are found to engage in infringing activity more than once) will have their accounts terminated.

If the user who posted the content believes that the allegedly infringing content was actually not violating copyright, they may file a "counter-notice" with the Copyright Agent. This must contain:

• Their name, address, phone number and physical or electronic signature
• Identification of the content and its location before removal
• A statement under penalty or perjury that the content was removed by mistake or a misidentification of the content
• Their consent to jurisdiction of the Federal District Court for the judicial district in which their address is located.

If a proper counter-notice is received by our Copyright Agent, we may send a copy to the to the person who provided the "take down" notice, letting them know that that we may replace the removed content or cease disabling it in 10 business days. If our Copyright Agent receives further notice that the copyright owner has filed an action seeking a court order to restrain the third party from engaging in infringing activity, we may not replace the content or re-enable access to it.

You agree that this site, including all content herein, is provided "as is" without any representation or warranty of any kind, whether expressed or implied.

Insightory does not endorse any product or service advertised or offered by a third party on the website. It does not have any responsibility or liability for any transaction of users with such third parties, even if the transaction is facilitated by, or initiated on, the website.

You expressly understand and agree that under no circumstances will Insightory be liable for any damages whatsoever, including, without limitation, indirect or consequential damages, arising from:

• The use, interruption or loss of use or functionality of the site
• Inaccuracies, errors or omissions of content
• Statements, opinions or information of any kind on the website
• Unauthorized use, including the unauthorized use of any personal data stored on the website or on supporting servers
• Viruses or bugs transmitted to or through the website
• Conduct of any user
• Purchase, or use of any product or service featured or promoted on the website

Insightory is managed from the United States of America. We do not guarantee compliance with all local laws around the world. Users are responsibility for complying with all applicable local laws in their jurisdiction.

You agree to indemnify and hold harmless Insightory, its directors and officers, employees and agents from all liability, claims, damages, costs and fees arising out of your non-observance of these terms and conditions.

You confirm that you are either over 18 years of age or an emancipated minor, or possess legal consent of a parent or guardian, and are able and competent to accept these Terms.

These Terms and any rights granted under them, may not be transferred or assigned by you, but may be transferred or assigned by Insightory without restriction.

These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.

You agree that legal action arising out of these Terms will be in the jurisdiction of the State or Federal courts for Houston, Texas.

If any provision of these Terms is held to be unlawful or unenforceable, then that provision will be eliminated from these Terms, but will not affect any remaining provisions.

These Terms - along with the Privacy Policy - form the entire agreement between you and Insightory.

If you have any questions about these Terms, please send an email to help@insightory.com.