InfoNgen: Terms of Service and Privacy Policy

4. Use of Services and Restrictions on Use

You agree that you shall not use the Services for any illegal purpose or in any manner not consistent with the TOS. You may not use the Services for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these TOS. You agree to use the Services solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.

Except as expressly permitted by us in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Services, except that you may download material from the Services and/or make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices.

5. Indemnity

You agree to defend, indemnify and hold harmless, EPAM and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services, any breach or alleged breach of the TOS or any infringement of the copyright, trademark, service marks, proprietary or other rights of any third parties to the extent that the liability, claims, damages and expenses are a result of negligence or willful misconduct on your part.

6. Proprietary Rights

You acknowledge and agree that the Services and any software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Third Party Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You further agree not to resell or distribute any of the said protected information or Third Party Content to any third party or to use it in any way which may cause any kind of damage to EPAM or infringe on the property rights of owners of such protected information or Third Party Content.

7. Trademarks

“InfoNgen” is a trademark of EPAM Systems, Inc. All rights are reserved. All other trademarks which you may encounter while using the Services are the property of their respective owners.

8. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

• YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU FURTHER AGREE THAT EPAM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

• EPAM MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (D) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPAM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER PARTY HERETO, NOR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL BE LIABLE TO THE OTHER PARTY HERETO, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR SUCH PARTY OTHERWISE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM ANY USE OF THIS SITE AND SERVICES. EXCEPT FOR FEES DUE AND OWING BY YOU FOR THE SERVICES AND THE INDEMNIFICATION IN SECTION 5, NEITHER EPAM NOR YOU SHALL BE LIABLE FOR DAMAGES IN EXCESS OF, AND LIABILITY SHALL BE LIMITED TO USD $100.

10. Termination

You agree that EPAM, in its sole discretion, may terminate, change or limit all or any of the Services, or their availability to you, notice at any time and without prior notice, with or without cause. If EPAM terminates any of the Services without cause, EPAM shall refund on a pro rata basis any pre-paid unused fees for such terminated Services. You agree that you may terminate the agreement for convenience at any time without prior written notice, with or without cause. If you terminate the agreement without cause, all subscription fees already paid for future periods will be forfeited. Any unpaid fees for services already performed will be payable immediately.

11. Copyrights and Copyright Agent

EPAM respects the rights of all copyright holders and has implemented a policy that provides for the protection of the rights of copyright holders. If you believe that your work has been used in a way that constitutes copyright infringement, please provide EPAM’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) 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;

(d) Information reasonably sufficient to permit us to contact the complaining party;

(e) 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; and

(f) 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.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Copyright Agent EPAM Systems, Inc.

EPAM Systems, Inc.
41 University Drive, Suite 202, Newtown, PA 18940
Phone: +1 267-759-9000 ext. 56612
Fax: +1 267-759-8989
Email: [email protected]

12. Entire Agreement

These TOS and the parties’ InfoNgen Subscription Agreement constitutes the entire understanding and agreement and supersedes any prior or contemporaneous agreements between you and EPAM with respect to the subject matter hereof.

13. Headings

The descriptive headings contained in these TOS are for convenience only and shall not affect the meaning or interpretation of these TOS.

14. Partial Invalidity

If any provision of these TOS is invalid, such invalidity shall not in any way effect the validity and enforceability of all the other terms and conditions of the TOS.

15. Governing Law

These TOS shall be governed by, and construed in accordance with, the laws of the State of Delaware.

Part B - InfoNgen Privacy Policy

Thank you for using the services of EPAM Systems, Inc. (“EPAM”). This Privacy Policy (the “Policy”) is here to explain how we collect and use certain information form you when you use our services or website. By continuing to use our services and website you give us consent to collect and use your information as described below. If you do not consent, you are prohibited from using our services and website.

What Information is Collected.

We will have access to the information you voluntarily provide to us. Such information may include, but may not be limited to, your name, your email address and your profile picture.

We also collect other information, such as your device’s IP address, information on your use of our services, your internet service provider, the type operating system you use, and the URL’s of websites you visited linking to us or from us. We also collect information on any custom tags you use and searches you perform.

All information collected may be anonymized and aggregated to enhance the research and search functions of our services, to improve the quality and usability of our services.

We do not knowingly collect personal information from children under the age of thirteen.

Use of Information Collected.

We will only use your personal information for the purposes for which it was collected, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose.  If we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so. We may use the information we collect from you for the following:

• to execute your requests, searches, and orders
• to personalize the content and services provided to you
• to inform you of any maintenance or upgrades we may perform
• to inform you of any new products, versions, services, features or promotions
• to inform you of the best way to optimize your use of our services and website
• to optimize the functionality of our services and website
• to improve our understanding of customers’ needs

Sharing of Information.

We may disclose your personal information to the following categories of recipients:

• to EPAM’s group companies, professional advisers, third party services providers and partners who provide data processing services to EPAM (for example, to support the delivery of, provide functionality on, or help to enhance the security of EPAM websites), or who otherwise process personal information for purposes that are described in Privacy Notices or notified to you when EPAM collects your personal information. A list of EPAM’s current group companies is available upon request.
• to any competent law enforcement body, regulatory, government agency, court or other third party where EPAM believes disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish or defend its legal rights, or (c) to protect your vital interests or those of any other person.
• to any other person with your consent to the disclosure.

Third Party Websites.

We are not responsible for the use or misuse of any information that you may provide to third party websites to which we may provide a link. We do not control such third party websites, including the methods by which they collect information or how they use such collected information. You should independently review the privacy policies of such third party websites.

Protection.

We use various administrative, technical, procedural and physical measures to protect the information we collect against theft, unauthorized use, disclosure or modification, such as storing it on secure servers that only select EPAM personnel have access to, and by encrypting it to help prevent access by any unauthorized parties.  We have put in place procedures to deal with any personal information breach and will notify you and any applicable regulator of a breach when legally required to do so. To better protect this information you should not share your login or account information with anyone other than authorized persons.

All companies and individuals we employ or may employ to perform various functions on our behalf are required to protect the information in a manner that is consistent with this Policy.

Please be aware that any information you post to a blog or any other forum provided by our website or through our services, will be available to all persons accessing these blogs or forums, and as such may be collected or used by others for any purpose. We are not responsible for any information you elect to submit in such blogs or forums, or for the way any such information may be used or misused by third parties.

Sharing Information.

We will not share your personal information with (or sell it to) anyone except: (a) our service providers or subcontractors with whom we deal in connection with providing, modifying, operating or updating the services, and in such cases, only for those purposes, (b) to comply with the law or in response to a subpoena, court order, government request, law enforcement request or other legal process, (c) to protect our interests, rights, safety, or property, (d) to protect the interests, rights, safety, or property of our contributors, affiliates, partners, or licensors, and (e) to enforce our Terms of Service, our contractual rights, or this Policy.

Other Countries.

Your information may be stored and processed in the United States or any other country where EPAM has facilities, and by subscribing to and/or using our services, you consent to the transfer of information outside of your country (to the extent that any such information is generated in your country). Please note that other countries may have higher or lower standards for the protection of personally information, but we will always endeavor to protect such information and take reasonable steps to do so in accordance with this policy and applicable laws, including, (where applicable) utilizing the European Commission’s Standard Contractual Clauses for transfers of personal information between its group companies, which requires all group companies to protect personal information being processed from the European Economic Area to an equivalent standard to that required under European Union data protection law. In countries where it may be required, you will be permitted to correct any inaccurate personally information, opt out of provision of such information to third parties, and/or delete such information, subject to our right to limit or no longer provide the services to you if you delete information necessary for us to provide them.

YOUR DATA PROTECTION RIGHTS

If your personal information is protected by EU data protection law, you have the following data protection rights which you may be able to exercise by contacting EPAM using the contact details provided under the “Contact Details” heading below and in the right-hand side column:

• If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting EPAM. 
• In addition, you can object to processing of your personal information, ask EPAM to restrict processing of your personal information or request portability of your personal information by contacting EPAM.
• You have the right to opt-out of marketing communications that EPAM sends you at any time.  You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails EPAM sends you or by using the relevant opt-out mechanism for non-email based marketing.
• Similarly, if EPAM has collected and processes your personal information based on your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing EPAM conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about EPAM’s collection and use of your personal information. For more information, please contact your local data protection authority.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, EPAM may charge a reasonable fee or refuse to comply with your request if your request is clearly unfounded, repetitive or excessive. EPAM tries to respond to all legitimate requests within one month. Occasionally, it may take longer if your request is particularly complex or you have made a number of requests. In this case, EPAM will notify you and keep you updated.

Amendment of Modification of Policy.

We reserve the right to change, amend or modify the terms of this Policy, with or without prior notice. We will make reasonable efforts to notify you of any change in this Policy that may require your consent under applicable data protection standards. Your continued use of our services and website constitutes your acceptance of those changes. All changes, amendments or modifications to the Policy will be posted here. Please return to this website at regular intervals to see whether the Policy has been changed, amended or modified.

Contact Details.

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your relationship with us. Additionally, if you have any questions about this Policy, the practices of EPAM or your interaction with us, please contact:

EPAM Systems, Inc.
41 University Drive, Suite 202, Newtown, PA 18940
Phone: +1-267-759-9000
Fax: +1-267-759-8989
Email: [email protected]