Terms & Conditions

Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting Solitaire Interglobal Ltd.’s (SIL) and SIL-CreativeSense (SCS) (Company) terms and conditions. "Solitaire Interglobal Ltd.", “SIL”, “SIL-CreativeSense”, “SCS”, “Ourselves”, “We” and "Us", refers to SIL. “Party,” “Parties”, or “Us,” refers to both you and ourselves, or either you or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to you in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting your needs in respect to provision of SIL’s or SCS’ stated services and products, in accordance with and subject to, prevailing United States of America Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the Company on a need to know basis only use any information collected from individual clients. We constantly review our systems and data to ensure the best possible service to our Clients..

Confidentiality

We do not disclose or sell your personal information to any third-parties.

We may disclose your personal information to a third-party who performs services on our behalf. Those third-party service providers (i) shall be permitted to obtain only the personal information they need to provide the service, (ii) must protect personal information to the same extent as SIL, and (iii) shall be prohibited from using it for any other purpose.

Disclaimer

THE SITES AND ALL OF THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. SIL MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITES OR ANY CONTENT. FURTHER, WHILE SIL ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE CONTENT ON THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SIL MAY MAKE MODIFICATIONS TO THE SITES AND THE CONTENT AT ANY TIME, FOR ANY REASON. SIL MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED ON THE SITES. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITES AND THE CONTENT.

UNDER NO CIRCUMSTANCES WILL SIL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF SIL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE EXTENT PERMITTED BY LAW, SIL DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THE SITES AND THE CONTENT.

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, we:

  1. exclude all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or our literature; and
  2. exclude all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised us of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

We do not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited except as expressed in our licensing agreement, including such by framing or other similar or any other means, without our written consent. We do not warrant that the service from this site will be uninterrupted, timely or error-free although it is provided to the best ability. By using this service, you thereby indemnify this SIL, SCS, their employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only by our employees on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites our websites uses cookies to enable us to retrieve user details for each visit. Cookies are employed in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Terms of SCARE Services

Terms of SCARE Services ("Terms") are an extension of the Terms and Conditions of this website. It governs your access to and use of the SCARE services offered by SIL by which you upload your verbiage (“Content”) to be analyzed ("SCARE Services"). Your access to and use of any such SCARE Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the SCARE Services, you agree to be bound by the Terms of SCARE Services.

Use of SCARE Service

You may use the SCARE Services only if you can form a binding contract with SIL, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name or the under which you do business, when you create your account on SIL or SCS.

We may, without prior notice, change the SCARE Services; stop providing the SCARE Services or features of the SCARE Services, to you or to users generally; or create usage limits for the SCARE Services.

You are responsible for safeguarding the password that you use to access the SCARE Services and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers, and symbols) with your account. We will not be liable for any loss or damage arising from your failure to comply with this instruction.

You represent that you are of legal age in entering into the agreement of these Terms and Conditions as well as the Terms and USE of SCARE Services.

User Content

"Content" means any information, text, graphics, or other materials uploaded to a SCARE Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the SCARE Services.

Your License to SIL or SCS

By submitting, posting or displaying Content on or through a SCARE Service, you grant us a worldwide, non-exclusive, royalty-free license to submit such Content to the analyses of SCARE Services.

  1. infringes, violates or otherwise interferes with any copyright or trademark of another party,
  2. reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it,
  3. infringes any intellectual property right of another or the privacy or publicity rights of another,
  4. is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
  5. creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
  6. contains other people's private or personally identifiable information without their express authorization and permission, and/or
  7. contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. 

We reserve the right in its discretion to remove any Content from the site, suspend or terminate your account at any time or pursue any other remedy or relief available under equity or law.

SIL's and SCS’ Licenses to You

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. You are responsible for your use of the SCARE Services, for any Content you provide, and for any consequences thereof. If you do not have the right to submit Content for SIL’s analyses, it may subject you to liability. SIL will not be responsible or liable for any use of your Content by SIL in accordance with these Terms.

We reserve the right at all times (but will not have an obligation) to remove or refuse to analyze any Content supplied for a SCARE Service and to terminate users or reclaim usernames. SIL also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

  1. satisfy any applicable law, regulation, legal process or governmental request,
  2. enforce the Terms, including investigation of potential violations hereof,
  3. detect, prevent, or otherwise address fraud, security or technical issues,
  4. respond to user support requests, or
  5. protect the rights, property or safety of SIL, SCS, its users, and the public.

Rules

You must not do any of the following while accessing or using the Service:

  1. use the SCARE Services for any unlawful purposes or for the promotion of illegal activities;
  2. upload or post any Content (as defined above) in violation of the provisions contained in the "Your License to SIL and SCS" section of these Terms;
  3. use the SCARE Services for the purpose of spamming anyone;
  4. access or tamper with non-public areas of the SCARE Services, SIL's computer systems, or the technical delivery systems of SIL's providers;
  5. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  6. access or search or attempt to access or search the SCARE Services by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only under those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us
  7. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the SCARE Services to send altered, deceptive or false source-identifying information; or
  8. interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the SCARE Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the SCARE Services.

Proprietary Rights

All right, title, and interest in and to the SCARE Services (excluding Content provided by users) are and will remain the exclusive property of SIL. The SCARE Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms of SCARE Services gives you a right to use our names or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the SCARE Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright Policy

SIL respects the intellectual property rights of others and expects users of the SCARE Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. your contact information, including your address, telephone number, and an email address;
  5. a statement by you that you have 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; and
  6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the SCARE Services is:

Solitaire Interglobal Ltd.
180 South Western Avenue, #275
Carpentersville, Illinois 60110
Email: SILComm@sil-usa.com

We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user's account if the user is determined to be a repeat infringer.

Links to Our Websites

You may not create a link to any page of our websites without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of our websites by linking to them.

Links from Our Websites

We do not monitor or review the content of other party’s websites which are linked to from our websites. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to our sites or accessed through our sites yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exist on all text relating to the our services and the full content of our websites.

Our logos are registered trademarks of SIL in the United States and other countries. The brand names and specific services of SIL and SCS featured on our websites are trademarked.

Fair Use

Any website page, document, diagram, or picture in whole or in part that are downloaded or printed in whole or in part from these websites are subject to the Fair Use policy listed below.

In order to preserve the integrity and relevancy of analyses, white papers, query responses, website pages and other formal outputs, copyright is owned by Solitaire Interglobal Ltd. (SIL) with all rights reserved. SIL permits the distribution of non-confidential outputs under the following conditions:

  • The entire websites are included, along with the copyright statement contained on the websites.
  • References to the websites or any documents, statements, statistics, or graphics they contain, in a proposal or presentation is properly attributed to SIL, and that the entire output be made available as an appendix or separate handout.
  • Use as a sales or marketing tool is permitted as long as notification is given to SIL of its use as such, along with the name of the customer or event.
  • The use of excerpts from a website page is not permitted unless the entire website page is also provided along with the work containing the excerpt.

Communication

We have several different e-mail addresses for different queries. These and other contact information, can be found on our Contact Us link on our websites or via our literature.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of the State of Illinois and the United States of America govern these terms and conditions. By accessing our websites, you consent to these terms and conditions and to the exclusive jurisdiction of the Illinois state and USA Federal courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms, and the remaining terms will continue to apply. Failure of SIL or SCS to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of SIL or SCS.

Notification of Changes

We reserve the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site clients’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between you and us. Your accessing of this website or undertaking of a Licensing Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

© Solitaire Interglobal Ltd. All Rights Reserved