1.ACCEPTANCE AND TERMS OF SERVICE
This website at http://IoTPractitioner.com (the “Website”) is owned and operated by IoT Community, Ltd, a private limited company registered in England and Wales with its head office at IoT Community Ltd, Derwig Drefach Felindre, Llandysul, SA44 5XR, United Kingdom (“IoT Community”, “us” or “we”).
IoT Community reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the IoT Community Applications following the posting of changes to these Terms will constitute your acceptance of those changes. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
2.USE OF OUR APPLICATIONS AND CONTENT
License. Subject to these Terms and the payment of any fees as applicable, IoT Community grants you a limited, non-exclusive, non-transferable, revocable right to use the IoT Community Applications and the Content solely for your personal, non-commercial use (e.g., accessing, viewing and using the Content on screen in a web browser (including any web browsing capability built into other types of software or app); printing paper copies for personal use, downloading extracts or electronically saving limited portions of Content for later and/or offline viewing). All other rights are expressly reserved by IoT Community.
You may not use any Content downloaded, copied, printed or otherwise saved for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. (This does not prohibit the normal access, viewing and use of the Content for general information purposes whether by business users or consumers.) You may not systematically copy Content with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given our express permission to do so.
Subject to the exceptions above, you agree that you will not, unless specifically permitted by us (i) otherwise reproduce, copy, display, sell, rent, sub-licence, store distribute or in any other manner re-use or exploit any part of the Content or IoT Community Applications, in any medium,, (ii) alter or modify any part of the IoT Community Applications other than as may be reasonably necessary to use the IoT Community Applications for their intended purpose, (iii) alter any Content or change or remove any copyright or other proprietary notices; or (iv) install, post or distribute any part of the Content on any electronic network, including without limitation the Internet and the World Wide Web, or create a database (electronic or otherwise) using any portion of the IoT Community Applications or Content, in each case without IoT Community’s prior written consent. Use of the IoT Community Applications or Content via mechanical, programmatic, robotic, scripted, spider, manual or any other automated means is strictly prohibited. Unless otherwise agreed to by IoT Community in writing, use of the IoT Community Applications or Content is permitted only via manually conducted, discrete, individual search and retrieval activities. You may not conduct any kind of systemic retrieval of data or Content from any IoT Community Application.
Withdrawal. IoT Community reserves the right at any time to alter, suspend or discontinue the IoT Community Applications or withdraw from the Content any item or part of an item for which it no longer retains the right to publish, chooses to no longer offer for any reason, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. IoT Community may do this at any time and without notice or liability to you.
Registration and Profile Creation. In order to access certain features of the IoT Community Applications, you may be required to register and/or create a user profile (an “Account”) by creating a username and password and providing certain profile and contact information. You may not create an Account if you are under 18 years or age. If If you are under 18 years of age and wish to use the parts of the IoT Community Applications that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
We may require or permit you to use your credentials for a third-party platform (such as LinkedIn) to so register (a “Social Sign-On”). Your Account shall only be used by you and only in connection with the applicable IoT Community Application and may not be used in connection with other IoT Community products.
You are responsible for maintaining the confidentiality of your Account and password, and are responsible for all activities that occur under your Account and password. Sharing, selling or transferring your Account or password with or to any other person or making it available to multiple users on a network is strictly prohibited. We recommend that you choose a strong password for your Account.
You hereby agree to (i) provide information about yourself as prompted by the registration form that is true, accurate, current and complete; (ii) maintain and promptly update your personal information (by sending an appropriately worded e-mail to firstname.lastname@example.org to keep it fully up to date); (iii) ensure that you exit from your Account at the end of each session; and (iv) notify IoT Community in writing of any unauthorized use of your Account or password or any other breach of security at email@example.com. We will not be liable for any unauthorised use of your Account.
You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. If you provide (or we have reason to suspect that you have provided) any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of your Account or we suspect fraudulent or abusive activity or where you have otherwise breached these Terms, we have the right, among other remedial options, to require you to use and pay for an additional account for the relevant product and/or interrupt, restrict, suspend or terminate your current or future use of or access to the IoT Community Applications (or any portion thereof), temporarily or permanently, without notice to you. You shall cooperate with us in any fraud investigation and use any reasonable fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms.
If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of the IoT Community Applications requiring an Account for access.
No Interference. You will take no action to interfere with, interrupt, destroy or limit the functionality of the IoT Community Applications or any computer software or hardware or telecommunications equipment. You may not use the IoT Community Applications in any manner that could damage, disable, overburden, or impair any IoT Community server, or the network(s) connected to any IoT Community server, or interfere with any other party’s use and enjoyment of any IoT Community Applications. You may not attempt to gain unauthorized access to any IoT Community Applications, other accounts, computer systems or networks connected to any IoT Community server or to any of the IoT Community Applications, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the IoT Community Applications. You may not reverse engineer, decompile or disassemble any software accessed through IoT Community Applications, including any proprietary communications protocol used by IoT Community.
Security. IoT Community has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that the transmission of information online is never 100% secure and that you provide your personal information at your own risk.
Modification to Services. IoT Community has the right to modify the IoT Community Applications and Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of IoT Community in providing its products, services, Content or any IoT Community Applications is to stop using the IoT Community Applications as set forth herein.
If you purchase a subscription to access the IoT Community Applications and/or Content (“Subscription”), the Subscription shall be subject to these Terms, as well as any additional terms and conditions to which you agree at the time of purchase, including applicable subscription fee (“Fee”), payment terms and terms governing the length of Subscription (“Subscription Period”). If you purchase a subscription pursuant to an applicable product agreement (“Product Agreement”), the Product Agreement may specify the number of user accounts authorized to access the IoT Community Applications and/or Content pursuant to that subscription (“Authorized Users”). For the avoidance of doubt, and notwithstanding the foregoing, Authorized Users will be limited pursuant to and as stated in the Product Agreement, including limitations by number of users or a user’s office location. In such cases, access to and use of the IoT Community Applications and/or Content by any other third party is not permitted. Any increase to the number of Authorized Users must be approved by IoT Community in writing and may be subject to additional fees.
With respect to all Subscriptions, you shall:
- ensure that all Authorized Users accessing the Content agree to comply with these Terms and are appropriately notified of the importance of respecting the intellectual property rights in the Content and of the sanctions which IoT Community imposes for failing to do so;
- use best efforts to protect the Content from unauthorized use or other breach of these Terms;
- monitor compliance and immediately upon becoming aware of any unauthorized use or other breach, inform IoT Community and take all appropriate steps to ensure that such activity ceases and to prevent any recurrence;
- provide IoT Community with information sufficient to enable IoT Community to provide access to the Content. Should you make any significant change to such information, you will notify IoT Community not less than ten (10) days before the change takes effect; and
- ensure that only Authorized Users are permitted access to the Content. Your right to use the Content is not transferrable. Any password or right given to you to obtain information is not transferable.
4.INTELLECTUAL PROPERTY OWNERSHIP
IoT Community or its licensors, suppliers or other designees owns all right, title and interest in and to the Content and the IoT Community Applications (including all materials, including but not limited to all text, logos, photographs, graphics, images, illustrations, designs, icons, algorithms, business logic, modules, programs, links and other materials). All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. You shall not, and shall not permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the Content or any information contained therein without the prior written consent of IoT Community.
All IoT Community brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of IoT Community and neither they nor any confusingly similar versions may be used by you including, but not limited to as part of any trademarks and/or domain names without IoT Community’s prior written consent. Our status as the owner and author of the Content on the IoT Community Applications (or that of identified licensors or users, as appropriate) must always be acknowledged.
5.USER SUBMISSIONS AND CONDUCT
Forums. For the purposes of this Agreement, “Forum” means letters, comments, emails, articles or other types of communications submitted by you or other third parties to us, our editors, Webmaster(s) or employees of IoT Community, and messages posted to them or to other users in connection with online seminar discussions, forums, blogs or chat-pages on any IoT Community Application (collectively “Forum Materials”). Forums are provided for your exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Forums that is inconsistent with those stated purposes or which is prohibited under these Terms is prohibited.
Removal. IoT Community has the right, but not the obligation to monitor, edit or remove Forum Materials, and may do so at any time and for any reason in its sole discretion, including but not limited to the course of normal maintenance of the IoT Community Application and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on IoT Community; (2) protect and defend the legitimate business interests, rights or property of IoT Community, IoT Community users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of IoT Community guests or the public.
You shall remain solely responsible for the content of your Forum Materials. If you object to the publication of any such material placed on any IoT Community Application please contact IoT Community by sending an email to customer service at firstname.lastname@example.org. IoT Community specifically disclaims any liability with regard to Forum Materials and any actions resulting from your participation in any Forum. IoT Community cannot guarantee that individuals submitting Forum Materials or otherwise participating are who they represent themselves to be, nor does IoT Community endorse, represent or validate, the content, accuracy or reliability of, or the statements, assertions, views or opinions expressed in Forums, and you acknowledge that any reliance upon the same shall be at your sole risk.
Prohibited Uses of any IoT Community Application. You may only use and post Forum Materials to the IoT Community Applications in a manner that is lawful and that complies with the provisions of this Section. Specifically, you hereby agree that you will not use any IoT Community Application or Forum to:
- promote or encourage the sale of your goods/services or those of any third party;
- solicit other guests or users of the IoT Community Application to join or become members of any commercial online or offline service or other organization;
- disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- disseminate any material which is or may infringe the rights (including, but not limited to, intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person, is calculated or is otherwise likely to deceive, or which may restrict or inhibit the use of the IoT Community Application and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability;
- disseminate any material which does or may bring IoT Community or any of its brands into disrepute or in any way damage their reputation;
- disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment connected to the IoT Community Applications, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
- post link(s) that take users to material that contravenes any of the above restrictions;
- falsify, delete or disable any copyright notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails, or use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the IoT Community Applications or other user or usage information;
- impersonate or create a false identity for the purpose of misleading others, imply any form of affiliation with us where none exists, improperly use support or complaint buttons or make false reports to IoT Community administrators, or engage in fraudulent transactions;
- breach any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence; or
- post any materials that are unlawful or fraudulent or do not comply fully with any and all applicable local, national, and international laws and/or regulations.
If any IoT Community Application makes available the name, contact information, and/or any other information (“Participant Information”) concerning any sponsor, exhibitor, or attendee (each, a “Participant”) in or at any IoT Community trade show, conference, or other event (each, an “Event”), whether live or virtual, you may not use any of such Participant Information except for your own internal business purposes (and may not, for example, directly or indirectly resell or otherwise redistribute, or permit any third party to use, any of same), and, if you are not yourself an authorized Participant in such Event, you agree not to solicit or otherwise contact any Participant identified by such Participant Information.
You agree that you will be liable to IoT Community and will, to the fullest extent permissible by law, indemnify us for any breach of this Sectio 5. You will be responsible for any loss or damage suffered by us as a result of such breach.
License and Warranty. By uploading Forum Materials (including submitting any materials to IoT Community), you (or your licensors, as appropriate) retain ownership of your Forum Materials and all intellectual property rights subsisting therein but you automatically grant (or warrant that the owner of such rights has expressly granted) IoT Community a perpetual, unconditional, royalty-free, fully paid-up, irrevocable, non-exclusive, fully transferable, worldwide, sub-licensable right and license to (a) store, archive, transmit, use, distribute, reproduce, modify, adapt, edit, publish, translate, publicly perform, create derivative works from, disclose, post, and/or remove such Forum Materials or incorporate such Forum Materials into any form, medium, or technology now known or later developed, in any manner, and (b) use your name, user/log-in name, likeness, biographic and other profile information about you in connection with the operation and promotion of th IoT Community Applications, in each case, in whole or in part, without payment or other additional consideration of any kind, or permission or notification to you or any third party and without crediting you. By registering via a Social Sign-On, you are granting your consent for us to display the name and photograph and other information associated with your applicable third-party platform profile in connection with the display of your Forum Materials.
Without limiting the foregoing, you also hereby permit IoT Community and its designees to use portions of your Forum Materials, to modify or rewrite any of your Forum Materials, and/or to incorporate other materials, either created by IoT Community and/or its designees or licensed from third parties (any of the foregoing, “Edits”). All resulting Edits and/or derivative works (including, in each case, all intellectual property and proprietary rights therein) shall be owned by IoT Community and/or such designees and not subject to your approval or payment by IoT Community or any other party of any compensation to you.
You acknowledge and agree that you are receiving good and valuable consideration for the rights you are granting herein, such consideration is adequate, satisfactory, and complete, and includes your right to access and use the IoT Community Applications in accordance with the terms and conditions set forth herein. To the maximum extent permitted by law, you hereby waive all moral rights, rights of attribution, rights of privacy and rights of publicity in your Forum Materials that may be available to you in any part of the world. You hereby confirm that no such rights have been or will be asserted.
You further acknowledge and agree that your Forum Materials do not contain confidential or proprietary information, the relationship between you and IoT Community is not a confidential, fiduciary, or other special relationship, and IoT Community is not under any obligation of confidentiality, privacy, secrecy or use restriction of any kind, express or implied, with respect to your Forum Materials, all of which may be used by IoT Community under the foregoing license or any applicable assignment made pursuant to an agreement between IoT Community and you or your employer, and without any further obligation to you.
IoT Community may be considering, contemplating or developing the same or a similar idea (and/or related products, services, concepts, systems or techniques) to one or more ideas (and/or products, services, concepts, systems and/or techniques) reflected in your Forum Materials, whether before, at the time of or following your submission. Without limiting the foregoing license in any respect, you hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any ideas or materials accepted, reviewed and/or used by IoT Community and its designees (and/or any related products, services, concepts, systems and/or techniques) in any way (i) may be similar to or unlawfully or otherwise improperly compete with or infringe the rights in your Forum Materials or any of the Content thereof or (ii) violate any obligation of IoT Community to you or any other person or entity that in any way is alleged to arise from or relate to your Forum Materials or any of the Content thereof.
You represent and warrant to us that you are authorized to grant all rights pursuant to the foregoing license and, further, your Forum Materials: (i) are truthful and accurate, and contain solely original content owned by you, content for which you have received express permission from the owner and have provided proper attribution to same, or content in the public domain (and you assume all responsibility for making such determinations and acquiring all necessary authorizations and approvals related to your Forum Materials); (ii) do not violate and will not violate the rights of any third party or any local, state, national or foreign law, including any right of publicity, right of privacy, confidentiality or any other contractual or proprietary right, including patent, trademark, copyright, database right and/or trade secret rights; (iii) disclose all affiliations or relations necessary so that such Forum Materials are not deceptive or misleading (for example, if you are commenting upon a company and work for that company, then this should be disclosed); and (iv) comply with all other provisions of this Agreement.
6.RIGHTS INFRINGEMENT NOTICE
Materials may be made available via the IoT Community Applications by third parties not within IoT Community’s control. IoT Community is under no obligation to, and does not, scan content used in connection with the IoT Community Application for the inclusion of illegal or impermissible content. However, IoT Community respects the copyright interests of others. It is IoT Community’s policy not to permit materials known by IoT Community to infringe another party’s copyright to remain on the IoT Community Applications. If you believe any materials on an IoT Community Application infringe a copyright, you should provide us with written notice that at a minimum contains:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the work or materials claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 IoT Community to locate the material;
- information reasonably sufficient to permit IoT Community to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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 rights owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and , that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All such notices should be sent to IoT Community’s designated agent as follows:
It is IoT Community’s policy to terminate relationships regarding content with third parties who repeatedly infringe the rights of others.
All DMCA notices should be sent to IoT Community’s designated agent as follows:
It is IoT Community’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
7.THIRD PARTY CONTENT; LINKING
Third Party Opinions. The IoT Community Applications and Content may contain views, opinions, values and statements of various third party individuals and organizations. IoT Community neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions, values or statements provided by any third party or any user of the IoT Community Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or Content available through the IoT Community Applications and to seek appropriate advice of professionals, as appropriate.
Linking. To the extent that any IoT Community Application contains links to outside websites, services and resources (“External Sites”), IoT Community does not control the availability and content of those External Sites. These links are provided solely for your convenience. If you use these links, you leave any IoT Community Application. IoT Community does not endorse or make any representations about these External Sites, or any material found on them, or any results that may be obtained from using them. If you decide to access any of these External Sites you do so entirely at your own risk and acknowledge that they may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions (“External Site Terms”) that differ from the provisions which apply to the IoT Community Applications, and IoT Community is not responsible for, and expressly disclaims any and all liability for or related to, the availability of, or the content located on or through, any External Site, its External Site Terms, or any loss suffered or liability that may arise or result from your navigation to or use of any External Sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
You may link to any page of an IoT Community Application subject to the following conditions:
- you do so in a fair and legal manner;
- you do not replicate the home page of the IoT Community Application;
- you do not create a frame or any other browser or border environment around the IoT Community Application;
- you only link to freely available content (and not link to any content that is considered Content that is only made to users with a username and password);
- you do not in any way imply any endorsement by IoT Community where none exists, other than with its written consent or misrepresent your relationship with IoT Community;
- you do not use any logos or trademarks displayed on the IoT Community Application without the express written permission of IoT Community;
- you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it; and
- the linking website does not contain content that is distasteful, offensive, controversial or that otherwise violates the content standards set out in Section 5 if these Terms, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
8.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
General Information. The Content has been prepared by IoT Community as a service to IoT Community members and the broader worldwide web community. It is provided as general information and is not intended to address your particular requirements or to constitute any form of advice or recommendation (including, but not limited to legal or other professional advice).
IoT Community has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in the Content and/or on or linked to any IoT Community Application. Users of information on any IoT Community Application or links do so at their own risk and acknowledge that this information should not be relied upon in making (or refraining from making) any specific investment or other business or personal decisions (professional advice should always be obtained prior to making any such decision). In no way shall IoT Community be liable to you for any claims relating in any way to your inability or failure to perform any kind of research or related work or to perform such research or related work properly or completely, even if assisted by IoT Community, your use of the Content (including any Forum Materials) or your reliance on the information contained in the Content.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the IoT Community Applications resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL IOT COMMUNITY APPLICATIONS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS., IOT COMMUNITY, ITS DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTRACTORS AND AFFILIATES (THE IOT COMMUNITY PARTIES) AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DISCLAIM AND MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED. IOT COMMUNITY AND THE IOT COMMUNITY PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE IOT COMMUNITY APPLICATIONS, CONTENT, FORUM MATERIALS OR THE INFORMATION THEY CONTAIN OR THAT THEIR CONTENT WILL NOT INRGINE THE RIGHTS OF THIRD PARTIES OR BE SECURE OR COMPATIBLE WITH ALL SOFTWARE AND HARDWARE. IOT COMMUNITY, THE IOT COMMUNITY PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DO NOT MAKE ANY WARRANTY THAT ACCESS TO ANY IOT COMMUNITY APPLICATION OR CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, OR FREE OF VIRUSES OR ANY HARMFUL FILES, AND IOT COMMUNITY AND, IOT COMMUNITY PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY SUCH DESTRUCTIVE FEATURES. IOT COMMUNITY AND THE IOT COMMUNITY PARTIES DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY SUBSCRIPTION OR AVAILABILITY OF ANY CONTENT. THE FOREGOING DISCLAIMER OF WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IOT COMMUNITY ACCEPTS NO LIABILITY TO ANY USER FOR ANY LOSS OR DAMAGE (WHETHER FORESEEABLE OR OTHERWISE) IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF (OR INABILITY TO USE) THE IOT COMMUNITY APPLICATIONS OR THE USE OF OR RELIANCE UPON ANY CONTENT INCLUDED ON THEM. UNDER NO CIRCUMSTANCES SHALL IOT COMMUNITY OR THE IOT COMMUNITY PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO OTHER AUTHORIZED USERS, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE ANY IOT COMMUNITY APPLICATION OR ANY CONTENT AVAILABLE ON OR THROUGH ANY IOT COMMUNITY APPLICATION.
YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
Nothing in these Terms excludes or restricts our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of eEngland and Wales. Exclusive jurisdiction and venue in connection with any dispute between you and IoT Community about these Terms of any matter arising out of in relation to them will rest, and you and IoT Community each agree to submit to the exclusive jurisdiction of, the courts of England and Wales.
Additional Terms. Your use of the IoT Community Applications is subject to any and all additional terms, policies, rules or guidelines that we may post or link to on the IoT Community Applications (collectively, the “Additional Terms”), such as any other terms or rules applicable to particular features, promotions or content on the IoT Community Applications. All such Additional Terms are hereby incorporated into this Agreement by reference.
Age Requirements. The IoT Community Applications are directed to adults. IoT Community cannot prohibit minors from visiting the IoT Community Applications, so IoT Community must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for them to view and/or purchase. IoT Community does not permit registration by and will not knowingly collect personally identifiable information from minors. You represent and warrant that you are at least 18 years old and that you possess the legal right and ability to enter into this Agreement and to use the IoT Community Applications in accordance with these Terms. If we have any reason to believe you are not 18 or older we may terminate your access to the IoT Community Applications and Content.
Availability and Use Outside the U.K. Unless otherwise specified, the Content on any IoT Community Application is presented available in the United Kingdom, its territories, possessions and protectorates. IoT Community makes no representation that any Content on any IoT Community Application is appropriate or available for use in other locations. Those who choose to access any IoT Community Application from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that Content with local laws, if and to the extent local laws are applicable.
Violations of this Agreement; Injunctive Relief. IoT Community reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access to the IoT Community Applications from a particular account, device or IP address. IoT Community shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from IoT Community’s exercise or its rights under this Agreement. Without limiting the foregoing, you acknowledge that the Content is highly proprietary material in nature and that unauthorized copying, transfer or use may cause IoT Community irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this Agreement by you may be enforced by IoT Community by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
Termination. On termination of your Account or Subscription, all usage rights to the Content automatically terminate, and you shall immediately cease to use the Content and shall remove any and all electronic copies of the Content from your systems.
Other. This Agreement, including any schedules hereto, constitutes the entire agreement and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. IoT Community may assign these Terms, in whole or in part, at any time but you may not assign these Terms to any third party. The invalidity or unenforceability of any provision of this Agreement shall not affect the continuation or enforceability of the remainder of this Agreement. The waiver of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation. The failure to partially or fully exercise any rights or the waiver of any breach of these Terms by you or IoT Community, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of these Terms. The rights and remedies under these Terms and any other applicable agreement between you and IoT Community shall be cumulative, and the exercise of any such right or remedy shall not limit your or IoT Community’s right to exercise any other right or remedy.
Contact Us. If you have a question or issue relating to a Subscription, such as wanting to change your mailing address, cancel a print Subscription or report a missing print issue, please email customer service at email@example.com.
If you would like to contact us about any other issue please write to us at: IoT Community Ltd, Derwig Drefach Felindre, Llandysul, SA44 5XR, United Kingdom, or email us firstname.lastname@example.org.
Created May 1, 2017
© 2017 IoT Community Ltd. All Right Reserved.