WEBSITE TERMS OF USE
Last modified: January 1, 2018
1. Acceptance of the Terms of Use
The following terms and conditions, together with any referenced documents (collectively, “Terms of Use”) are a legal agreement between you and your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and IC4You2 (“IC4You2,” “we,” “us” and “our”). The Terms of Use apply to the family of IC4You2 websites located at www.ic4you2.org and linked thereto (collectively, the “Website”). By accessing or using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website.
The Website provides several types of resources, including: areas to interact with the Website and message boards, chat rooms, forums, bulletin boards, other related interactive features (collectively, the “Community Services”); product marketing documentation, product specifications and product documentation (collectively, “Documentation”).
Your use of the Website, including Community Services, Documentation, and Website Content (defined below) is subject to and conditioned on your acceptance of these Terms of Use.
We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Any changes to the dispute resolution procedures set forth in the section titled Governing Law and Jurisdiction shall not apply to any disputes for which the parties had actual notice as of the date the change was posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. When accepted by you, the revised Terms of Use automatically revoke any license or other rights that we granted to you under the prior version.
Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must exit the Website.
Access
We reserve the right to terminate or modify the Website including Website Content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Website to registered users or another subset of users. You are solely responsible for making all arrangements necessary for you to access the Website.
Accounts
To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website, and you hereby represent and warrant, that all information you provide is correct, current and complete. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify IC4You2 of any unauthorized use of your user name or password or any other breach of security. You must logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. IC4You2 has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.
2. Community Code of Conduct
The Community Services may allow you and other third-party users of the Website to post, submit, contribute, publish, display or transmit to others (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. These services permit IC4You2 customers, partners, prospective customers, employees and other interested parties to share information, exchange ideas, expertise and experience, ask questions, provide solutions, share technology advances and obtain product information. To foster a vibrant, thriving, and friendly community, IC4You2 may enforce standards for appropriate content and prohibits uses antithetical to the intended community environment. IC4You2 is under no obligation to post or use any User Contributions, and reserves the right to edit or remove User Contributions that violate these Terms of Use.
User Contributions are considered non-confidential and non-proprietary, and you hereby grant to IC4You2 a perpetual, worldwide, transferable, royalty-free, non-exclusive, irrevocable license (with right of sublicense) to adapt, copy, distribute, modify, publicly display, publicly perform, make, use, sell, translate disclose to third parties any User Contributions that you post for any purpose.
You are solely responsible for any User Contributions that you post, including the legality, reliability, accuracy and appropriateness of such User Contributions. IC4You2 is not responsible (and has no liability with respect to) any User Contribution. You represent and warrant that you own or control all rights in and to the User Contributions that you post and have the right to grant IC4You2 and its affiliates the license granted above. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold IC4You2 and its affiliates and licensors harmless for any breach of that representation and warranty.
Opinions expressed in User Contributions that those of the party posting the User Contribution and do not necessarily reflect the opinion of IC4You2.
Content Standards
You agree to comply with the following content standards and prohibited uses in your use of the Website:
- Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
- Respect your audience. Posts should not upset, annoy, threaten, harass, abuse or embarrass other members.
- User Contributions may not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Lively discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
- Do not use text formats such as all caps or bold that may be read as annoying, rude or send a strong message.
- Avoid using abbreviations or terminology that others may not understand. An abbreviation may mean something to you but in another context or country, it may have another meaning.
- Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours.
Prohibited Uses
You agree not to access or use the Website in any manner:
- That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
- That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or IC4You2, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the Privacy Policy.
- To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- To monitor or attempt to gain unauthorized access to: (1) an account or computer not belonging to you; (2) any data, information or communications on any network or system not owned by you, without authorization; (3) any system or network user accounts or passwords of other users, without authorization; or (4) e-mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
- That is false, deceptive, misleading or fraudulent, including but not limited to: (1) any attempt to impersonate any person or entity, including any other user, IC4You2 or a IC4You2 employee/rep[resentative; (2) to misrepresent your identity or affiliation with any person or organization; and (3) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
- To use, transmit or introduce: non-public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security numbers, tax identification numbers, or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.
- For the purposes of recruiting, advertising, solicitation or commercial activities of any kind without the express written consent of IC4You2, including, but not limited to: (1) promotions, contests, sweepstakes, barter, advertising or pyramid schemes; and (2) the transmission of, or procurement of sending, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To monitor or copy materials on the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
- That may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (1) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (2) attempting to intercept, redirect or otherwise interfere with communications intended for others; (3) disabling, damaging overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (4) modifying, blocking or otherwise interfering with the display of the Website; (5) interfering with another user’s ability to access, use and enjoy the Website; (6) accessing another user’s registration information or user account without that user’s express written permission; (7) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (8) performing, without IC4You2’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website, including without limitation the Community Services; and (9) engaging in any activities that results in any server being the target of a denial of service attack.
Notification of Violation
If you become aware of any violation of these Terms of Use by any person, including other users or third parties, you must immediately notify IC4You2.
3. Intellectual Property
The Website in its entirety including Website Content is owned by IC4You2 or our licensors. “Website Content” means all information, software, text, displays, images, video, audio, and user interfaces included in or generated by the Website, and the design, selection and arrangement thereof, except that provided expressly and conspicuously under a third party license.
You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, supplier or registered user of IC4You2. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website Content without IC4You2’s express prior written consent or except as expressly provided in these Terms of Use.
No right, title or interest in or to the Website including the Community Services, User Contributions, Documentation or Website Content, is transferred to you. IC4You2 reserves all rights not expressly granted to you herein. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Documentation
The Documentation available on the Website is the copyrighted work of IC4You2 and/or third-party providers. Subject to these Terms of Use, IC4You2 grants you a limited, revocable, non-transferable, non-exclusive and non-sublicenseable license to make a reasonable number of copies of the Documentation for your internal business use in connection with your separately authorized use of IC4You2 Products. No right to sublicense or distribute the Documentation is granted herein.
User Contributions
No rights are granted to you with respect to User Contributions other than the limited, personal, non-exclusive license to reproduce User Contributions as necessary to display the User Contributions on a machine that you use to interact with the Website.
4. Linking
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorized framing or linking.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites.
5. Monitoring, Enforcement and Feedback
IC4You2 has the right but not the obligation to:
- Remove or refuse to post any User Contribution, and/or terminate your access to all or part of the Website for any reason or no reason, in our sole discretion, including without limitation any violation of these Terms of Use or the Privacy Policy.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, IC4You2 has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD IC4YOU2 HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY IC4YOU2 DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER IC4YOU2 OR LAW ENFORCEMENT AUTHORITIES.
IC4You2 can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
6. Legal Considerations
Copyright Infringement
IC4You2 will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification.
It is the policy of IC4You2 to terminate the user accounts of infringers.
Regional Legal Considerations
The owner of the Website is based in the European Union. The Website can be accessed from countries around the world. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the EU you do so on your own initiative and are responsible for compliance with local laws. Access to the Website from territories where the Website or any of its services or products are illegal is prohibited.
Disclaimer of Warranties
IC4You2 cannot and does not promise or warrant that any aspect of the Website, including the Community Services, Documentation, or any other Website Content is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, INCLUDING COMMUNITY SERVICES, USER CONTRIBUTIONS, DOCUMENTATION AND ANY OTHER WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING THE WEBSITE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER IC4YOU2 NOR ANY PERSON ASSOCIATED WITH IC4YOU2 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER IC4YOU2 NOR ANYONE ASSOCIATED WITH IC4YOU2 REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IC4YOU2 HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT OR ANY SERVICES OR ITEMS OBTAIN THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
EXCEPT TO THE EXTENT THAT DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL IC4YOU2, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY COMMUNITY SERVICES, USER CONTRIBUTIONS, SHARE CONTRIBUTIONS, WEBSITE CONTENT OR SERVICES OR ITEMS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify and hold IC4You2, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Governing Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of The Netherlands without giving effect to any choice or conflict of laws provision or rule (whether of The Netherlands or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of Amsterdam, The Netherlands. You hereby irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. |
