Table of Contents
- Acceptance of Terms
- Description of Services
- Your Privacy
- Intellectual property rights
- Packages
- Package Sharing/Uploading Requirements
- Package Removal
- Prohibited activities
- IPM client / API's
- IPMHub Online Services and Software
- Using the Services
- Code of Conduct
- Third-party websites and content
- Links to Third Party Sites
- Notices and Procedure for Making Claims of Copyright Infringement
- Service management
- Termination
- User data
- Export Laws
- Unsolicited Ideas
- Warranties
- Corrections
- Limitation of Liability
- Contracting Entity, Choice of Law, Jurisdiction
Last updated: 24-01-2024
1. Acceptance of Terms
The Services that IPMHub provides to you are subject to the following Terms of Service ("TOS"). IPMHub reserves the right to update and modify the TOS at any time without notice to you. The most current version of the TOS can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our web pages. When we make updates to the TOS, IPMHub will update the date at the top of this page. By using the Services after a new version of the TOS has been posted, you agree to the terms of such new version.
2. Description of Services
Through the IPMHub platform web properties and IPM client / API's(collectively, "Services"), IPMHub provides you with access to, including the ability to upload or otherwise publish, a variety of script, binary, manifest and dynamic modules which package and deploy functionalities (collectively, "Packages"). The Services which include any updates, enhancements, new features, and/or the addition of any new IPMHub platform web properties or IPM client / API's, are subject to the TOS.
3. Your Privacy
Your privacy is important to us. Please read the IPMHub Privacy Statement (the "Privacy Statement") as it describes the types of data, we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. Where processing is based on consent and to the extent permitted by law, by agreeing to these TOS, you consent to IPMHub 's collection, use and disclosure of your Data as described in the Privacy Statement.
4. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
5. Packages
The Services allow you to access, download, share, or upload Packages from IPMHub and third parties. Each Package is governed by the terms that are included with the Package Materials and may be subject to limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations and terms. You should review the applicable terms before accessing, downloading, or acquiring any Packages. Any terms included with the Packages do not modify the TOS. IPMHub does not license any intellectual property to you from third party Package providers and is not responsible for information provided by third parties.
6. Package Sharing/Uploading Requirements
We don't claim ownership of your Packages. Your Packages remain yours and you are responsible for it. When you share your Packages with other people via the Services, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and your Packages for the purpose that you made your Packages available via the Services without compensating you. If you do not want others to have that ability, do not use the Services to share your Packages. IPMHub cannot permanently delete or edit any Packages you upload, store or share through the Services, including any personal data which might be contained in such Packages. You may unlist your Packages, which prevents those Packages from appearing on ipmhub.io, as further described in the Services documentation. Each Package that you share or upload via the Services must meet the following requirements:
1. General Requirements.
The Package must comply with this these TOS and any other materials and documentation provided to you by IPMHub, which may be revised from time to time. You are responsible for providing technical support for each Image you publish.
2. Third-Party Rights.
Your Package and the Package name, trademarks, logos, icons, descriptions, titles, trade dress or other metadata you provide to IPMHub in connection with your Package (collectively "Package Assets") must not infringe or misappropriate any intellectual property or personal right of any third party. If any portion of your Package code is used under license from a third party, you are solely responsible for compliance with those license terms and conditions. You are, at your sole cost and expense, responsible for securing, reporting, and maintaining all necessary rights, clearances and consents and paying all licensing fees, and for undertaking all related reporting obligations.
3. Package Terms of Service and Privacy Statement.
You are responsible for providing Package Terms of Service and privacy statement(s) for any Package you share or upload.
4. Local Law and Privacy Compliance.
Your Package, including the Package Terms of Service and privacy statement, and your marketing of the Package must comply with the applicable laws of each territory or country in which you elect to make the Package and Package Assets available. This includes but is not limited to Data Protection Law relating to collection and use of Personal Data, and export control laws.
5. Disclosures and notices for Images.
If you are required to make any disclosures to users prior to download of the Package, you must provide those in the Package description field (unless they are provided elsewhere in a Package description page). The Package description pages may include your full contact information. You must disclose to IPMHub any controlled technology employed, used or supported by your Package that may impose any legal obligations or requirements on IPMHub. You must inform IPMHub of such legal obligations and requirements and take any action if necessary for IPMHub to comply with its legal obligations. You may not use the Service or any services or tools made available for the development of an Package for, or to permit others to carry out, any illegal activity or breach of contract.
7. Package Removal
IPMHub may remove or suspend the availability of a Package for any reason.
Reasons may include but are not limited to:
1. your breach of the terms of these TOS (including associated documentation)
2. termination of the license grants associated with an Package
3. an assertion or claim that your Package infringes the intellectual property rights of a third party
4. complaint(s) about the content or quality of your Package
8. Prohibited activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
1. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
5. Use any information obtained from the Services in order to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Services in a manner inconsistent with any applicable laws or regulations.
8. Engage in unauthorized framing of or linking to the Services.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or use the username of another user.
13. Upload ,ad or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats "("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
14. Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
16. Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
17. Copy or adapt the Services' software, including but not limited to Python, C#, JavaScript, or other code.
18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
20. Use a buying agent or purchasing agent to make purchases on the Services.
21. Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
22. Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
9. IPM client / API's
If you overburden or impair any of the IPM client / API's, we may start throttling your access to the IPM client / API's and may eventually revoke your access to the IPM client / API's.
10. IPMHub Online Services and Software
The use of the Services and Packages available via the Services may require that you download certain IPMHub software, including but not limited to IPMHub client (IPM). Use of IPMHub client (IPM) or any other IPMHub software is subject to the license associated with the downloaded software. Some Packages connect to or rely on IPMHub Online Services. Use of IPMHub Online Services are subject to the terms under which you obtained your subscription to the applicable IPMHub Online Services.
11. Using the Services
You'll need a IPMHub account to use some of the Services.
1. Creating an Account.
You can create a IPMHub account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your IPMHub account or ipmhub.io account. If you create a IPMHub account or ipmhub.io on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to the TOS. You cannot transfer your IPMHub account to another user or entity. To protect your account, keep your account details and password confidential. We may require you to change your confidential account information (including your API keys) before you may continue using the Services if your confidential account information is released publicly. Ultimately, you alone are responsible for all activity that occurs under your IPMHub account. We may use your public profile name and your verified email address to display your publicly visible Gravatar profile picture (or a default image if you have not set up a Gravatar profile picture). Use of a Gravatar profile picture may be subject to the Gravatar Terms of Services.
2. Additional Equipment/Data Plans.
To use many of the Services, you'll need an internet connection and/or data/cellular plan. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment.
3. Service Notifications.
When there's something important to tell you about the Services, we'll send you service notifications to the email associated with your IPMHub account.
12. Code of Conduct
By agreeing to the TOS, you're agreeing that, when using the Services, you will follow these rules:
Don't do anything illegal.
Don't publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, pornography, graphic violence, or criminal activity).
Don't engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to affect rankings, or ratings).
Don't circumvent any restrictions on access to or availability of the Services.
Don't damage, disable, overburden, or impair the Services.
Don't engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses).
Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted materials).
Don't engage in activity that violates the privacy of others.
Don't help others break these rules.
13. Third-party websites and content
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
14. Links to Third Party Sites
Some links will let you leave IPMHub 's web properties. The linked sites are not under the control of IPMHub and IPMHub is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. IPMHub is not responsible for webcasting or any other form of transmission received from any linked site. IPMHub is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by IPMHub of the site.
15. Notices and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
16. Service management
We reserve the right, but not the obligation, to
1. Monitor the Services for violations of these Legal Terms;
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4. In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
5. Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
17. Termination
If you no longer agree to be bound by the TOS, you must cease all use of the Services. We reserve the right to terminate or suspend your access to and use of the Services, without notice, if we believe, in our sole discretion, that (i) such use is in violation of any applicable law; (ii) such use is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; (iii) where we have reason to believe that you are in violation of the TOS; or (iv) for any reason whatsoever.
18. User data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
19. Export Laws
You acknowledge that code (object or source) and related technology available via the Services (collectively, "Code") may be subject to export control and economic sanctions laws, regulations, or orders of the United States or any other applicable jurisdiction (collectively, "Export Laws"). In using the Services, you agree to comply with all applicable Export Laws. You also agree not to upload or use in connection with the Services any Code related to any U.S. or foreign origin defense article described on the U.S. Munitions List of the International Traffic & Arms Regulations (ITAR). By using the Services, you confirm that you are not located in (or a national resident of) any destination subject to comprehensive U.S. economic sanctions or export control restrictions; you are not subject to export control or economic sanctions restrictions due to the listing of you or any other person on the U.S. Department of Commerce Denied Persons List, Entity List, Unverified List, or on the Treasury Department, Office of Foreign Assets Control, Specially Designated Nationals and Blocked Persons List; and you will not use the Services directly or indirectly in the development or production of nuclear, chemical, or biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations, Part 744. You acknowledge that use of the Services to host Code without submitting notifications or reports required under Export Laws may cause a violation of Export Laws. You agree to submit any such notification or report, and you acknowledge that IPMHubis not responsible for submission of any such notification or report. You agree to indemnify and hold harmless IPMHubfor any fines, penalties, forfeitures, and costs (including attorneys' fees) attributable to any failure to submit such notification.
20. Unsolicited Ideas
IPMHub does consider or accept unsolicited proposals or ideas, including, without limitation, ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to IPMHub through the Services or otherwise, you acknowledge and agree that IPMHub shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback
21. Warranties
IPMHub, AND OUR AFFILIATES, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. IPMHub DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAWS. NOTHING IN THE TOS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
22. Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
23. Limitation of Liability
If you have any basis for recovering damages (including breach of the TOS), you agree that your exclusive remedy is to recover, from IPMHub or any affiliates, distributors, and vendors, direct aggregate damages up to $10.00 USD. You can't recover any other damages or losses, including consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to any claims related to the TOS, the Services, and the software related to the Services.
24. Contracting Entity, Choice of Law, Jurisdiction
References to "IPMHub " in the TOS mean that you're contracting with IPMHub vof, Frescobaldistraat 74, 1447 NK Purmerend. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to the TOS or the Services that are heard in court.
Build reference: 7993d43b03, Date: 2024-06-24 19:27