In this Agreement, "you" and "your" refer to each user of the Site and the subscriber of a participating mobile communications carrier on whose behalf you are entering into this Agreement.
This Agreement sets forth the terms and conditions for your use of the Wolfram Connected Devices Project (the "Site"). Your use of the Site constitutes your agreement to these terms and conditions.
Wolfram grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and the materials provided thereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
All materials available on the Site and through the Mobile Services, including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings (collectively, the "Content"), are owned or controlled by Wolfram or the party credited as the provider of the Content, to the extent such accreditation is made. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of Wolfram.
Wolfram may make available to users of the Site email notices, newsletters, chat rooms, message boards, bulletin board services, user product reviews and ratings tools, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). Wolfram and its Affiliates do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, you grant Wolfram an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to Wolfram. You hereby waive all rights generally known as "moral rights" in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
You acknowledge and agree that any Communications, including Reviews described in the User Product Reviews and Ratings section of this Agreement, made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied, or other relationship is created between you and Wolfram by reason of your transmitting a public Communication to any Forum on the Site.
Wolfram cannot review all Communications made on or through the Site. However, Wolfram reserves the right, but has no obligation, to monitor the Forums and edit, modify, or delete any Communications (or portions thereof) that Wolfram in its sole discretion deems inappropriate, offensive, or contrary to any Wolfram policy, or that violate this Agreement.
To help Wolfram maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site or Forums—absent written permission from Wolfram to the contrary—any Communication that:
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including copyright, patent, and trademark rights), contract rights, trade secrets, privacy or publicity rights, or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and
(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use includes, but is not limited to, breaching or attempting to breach the security of the Site.
Users of the Site may submit reviews and ratings of products (collectively, "Reviews") and/or read reviews and ratings of products submitted by other Site subscribers.
You are solely responsible for all Reviews that you upload, post, email, or otherwise transmit.
Liability Disclaimer for Reviews. Wolfram is not liable for any statements, representations, descriptions, comments, or opinions provided by subscribers in Reviews posted on the Site. Reviews are displayed for entertainment and informational purposes only. Wolfram cannot guarantee the accuracy, integrity, or quality of Reviews. Under no circumstances will Wolfram or any third party be liable in any way for any Review, including but not limited to any errors or omissions in any Review, or any loss or damage of any kind incurred as a result of the use of any content posted in a Review.
You further represent and warrant that (i) the Reviews you submit are either original to you, or all third-party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) Wolfram shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.
Once Reviews are submitted to the Site, Wolfram may take any or no action with respect to such Reviews, including without limitation deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at Wolfram's sole discretion. Wolfram may use your user name and geographical location to attribute authorship of Reviews to you.
The Site contains technical information of products. This information is intended for you to use in consideration of use of such products, but is in no way an endorsement thereof. Any use of such products should be in conformity with the product instructions and documentation provided by the manufacturer. You should not rely upon the information on this Site for any matters with financial, health, or safety implications.
You agree to use the Site only in a non-commercial manner. You specifically agree not to post, transmit, or otherwise distribute to the Site (including without limitation to any Forum) any material containing any solicitation of funds, advertising, or solicitation for goods or services.
You hereby agree to indemnify, defend, and hold harmless Wolfram and its Affiliates from and against any and all liability and costs incurred by Wolfram or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties, or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. Wolfram reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Wolfram.
Except as expressly set forth herein, the mobile services and the Site (including all content, software, functions, subscription-based services or other paid products or services, materials, and information made available thereon or accessed by means thereof) are provided "as is" and "as available." Wolfram does not warrant that the functions contained in the Site or the subscription-based services will be uninterrupted or error-free; that defects will be corrected; that the Site, subscription-based services will meet any particular criteria of performance or quality; or that the Site, including forums or the server(s) on which the Site is operated, are free of viruses or other harmful components.
To the fullest extent permissible by law, Wolfram and its affiliates disclaim all express or implied warranties of any kind, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose (whether or not the purpose has been disclosed), compatibility, security, accuracy, or non-infringement.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Site.
Under no circumstances shall Wolfram or its affiliates, or their respective directors, officers, employees, and agents, or any third-party provider of telecommunications or network services, Site software, or Site content for Wolfram or its affiliates, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Site and the subscription-based services, even if Wolfram, its affiliates, or their providers of telecommunications or network services, content, or software have been advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract, or any other legal or equitable theory.
The total liability of Wolfram and its affiliates hereunder is limited to the amount, if any, actually paid by you for access to and use of the Site. You hereby release Wolfram and its affiliates from any and all obligations, liabilities, and claims in excess of this limitation.
Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.
In addition to any other rights of the parties set forth herein, Wolfram may cancel or terminate this Agreement at any time. Wolfram also reserves the right to restrict, suspend, or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If Wolfram terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, Wolfram reserves the right to refuse to provide access to the Site in the future.
Wolfram has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Wolfram in providing the Site, is to cease use of the Site.
Further, Wolfram has the right to modify, suspend, or discontinue the Site at any time, including the availability of any area of the Site. Wolfram may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability.
This Agreement constitutes the entire agreement between you and Wolfram with respect to the Site and, if applicable, your purchase of Wolfram's products and services offered through this Site, and supersedes all prior agreements between you and Wolfram. Failure by Wolfram to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Illinois (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.