Terms of Use
As for October 1th, 2013
Please read this agreement carefully before using the services offered by Lhings. This is a contract which describes how you can use the Lhings website at lhings.com and related sub-domains (the “Site”), as well as other features, services and mobile applications offered by Lhings (“Service”). You are one party to the contract. The other party is Lyncos Technologies S.L., a company with headquarters in Barcelona, Spain (Lyncos Technologies S.L., as creators of Lhings, may be referred to in these Terms of Use as "Lhings", "we" or "us").
By using or accessing the Site and Service, you agree to be bound to these Terms of Use and our Privacy Policy. If you disagree with the terms below, please do not use the Service or access our Site. If you are aged under 18, you may use the Service only with permission and supervision of your parents or guardian who takes full responsibility for the selection and use of the Service and access of the Site.
Lhings reserves the right, at its sole discretion, to update and change these Terms of Use. Changes of these Terms of Use will be posted on the Site. You are free to decide whether to accept the terms or to stop using our Service. Use of the Service after such change constitutes your acceptance.
The purpose of Lhings is to provide users with services and tools to connect devices, integrate applications and create statements that allow them to communicate. The Service is accessed by you (“User” or “you”) under the following terms and conditions.
Site Content
You agree that the Site and Service content created and provided by Lhings, our partners and our users is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
Neither Lhings nor any of its partners or Users grants you a license or use authorization over its intellectual or industrial property rights or over any other right or property concerning the Site, its Service or it contents. Thus, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other property rights not owned by you, (i) except as expressly authorized by an applicable and separate agreement or with the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
The Service may provide you with the opportunities to upload, submit, disclose or otherwise post (hereafter “posting”) content, data, text, photographs, software, scripts, written forum comments, graphics, works of authorship or other information to the Service (“User Submissions”).
Understand that Lhings shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Lhings will not be liable for any errors or omissions in any content; and that Lhings cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Lhings does not endorse and has no control over any User Submission. Lhings cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party.
Lhings has no obligation to monitor the Site, Service, Content, or User Submissions. Lhings may remove any User Submission at any time for any reason, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission.
Under no circumstances will Lhings be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
User’s obligations and responsibilities
Users are required to register in order to use our Service. Registration data include at least name and email address fields. This data is processed in accordance with our Privacy Policy. You shall provide Lhings with accurate, complete, and updated registration information. At registration you will accept these Terms of Use, including our Privacy Policy. You will promptly update your registration data to keep it accurate, updated and complete. If we issue personal credentials (password or api-key) to you, you shall not reveal it to anyone else. It is personal and non transferable. You shall not use anyone else’s credentials. You are responsible for maintaining the confidentiality of your accounts and credentials.
Users will use the Site and Service in accordance with these Terms of Use and applicable law. You are responsible for all of your activity in connection with the Service and accessing the Site. Without limiting the foregoing, you agree that you will not use or Site and Service to take any of the following actions:
(i) To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Lhings user;
(ii) To violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
(iii) To interfere with or disrupt our Site, servers, or networks.
(iv) To run Maillist, Listserv, any form of auto-responder, or spam on the Site or through the Service;
(v) In connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plat species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and body fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets, non-packaged food items, weapons and accessories;
(vi) In any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, contract rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use or conditions or obligations relating to any third party website, app, API or the like.
(vii) To operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that the Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Lhings is not responsible;
(viii) To submit any content that may prejudice the image, honor or reputation of the Site, or generally any content whatsoever that we deem inappropriate.
(ix) To impersonate any person or entity, including but not limited to, a Lhings representative, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Users will be held liable to Lhings and/or third parties for any breach or violation of the said obligations and responsibilities, and/or for any damage, ruin, overload, submission and dissemination of viruses, and interference with the proper use of materials and information included within the Site and Service, the information systems, documents, files and any kind of contents stored in any computer (hacking) owned by Lhings or any of its Users.
Unauthorised access to our Site and Service is a breach of these Terms of Use and a violation of the law. You agree not to access our Site and Service by any means other than through the interface that is provided by Lhings for use in accessing our Site and Service, except as expressly authorised by an applicable and separate agreement with Lhings. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Site and Service.
The technology and software underlying our site and Service are property of Lhings and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the contents.
Use of our Site and service is subject to the existing applicable Spanish laws and legal process. Nothing contained in these Terms of Use shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site and Service.
By using the Lhings Service, Users in the European Union understand and consent to the processing of personal information in North America (Canada and/or The United States).
Third Party Sites and Services
Our Site and Service contain links to other Internet sites owned and managed by third parties, with the aim of enabling access to information available on their applications and Internet properties. When you access third party websites, you do so at your own risk. These other websites are not under Lhings control, and you acknowledge that Lhings is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
We disclaim any responsibility for or liability related to third party applications, products and services that we connect to, list, or advertise on our Site and Service. Your correspondence or related activities with third party applications, including payment transactions, are solely between you and the relevant third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any product order, licenses, third party warranties, questions, complaints, or claims related to any applications, device or service take place between you and the vendor and should be directed to the appropriate vendor.
As a regular part of our business, Lhings may display advertisement from third parties. However, Lhings is not in a position to arbitrate disputes between the owners of intellectual property rights and companies who advertise or list their products on our Site and Service.
Support
Lhings may elect to provide you with support or modifications for the Service (collectively, “Support”), in its sole discretion, and may charge, reduce or terminate such Support at any time without notice to you. Lhings reserves the right to charge fees for Support.
Fees
Lhings reserves the right to charge fees for future use of or access to the Site or the Service.
Warranty Disclaimer
Lhings has no special relationship with or fiduciary duty to you. You acknowledge that Lhings has no control over, and no duty to take any action regarding: which users gain access to the Site or Service; what Content you access via the Site or Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Lhings makes no representations concerning any Content contained in or accessed through the Site or Service, and Lhings will not be responsible or liable for the accuracy, copyright compliance, legality or dependency of material contained in or accessed through the Site or Service.
LHINGS, THE SITE AND THE SERVICE ARE EXPERIMENTAL. LHINGS DOES NOT REPRESENT OR WARRANT THE SITE OR THE SERVICE ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.
THE SITE AND THE SERVICE ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND LHINGS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE OR LOSS OF DATA.
Limitation of Liability
LHINGS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT LHINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL LHINGS BE LIABLE TO YOU FOR ANY AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You shall defend, indemnify, and hold harmless Lhings, its affiliates and each of itss affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Lhings reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Lhings in asserting any available defenses.
Miscellaneous
Lhings may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site or delivering them to you through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting Lhings at the address set out below.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site and Service or these Term of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Term of Use including all terms, conditions, Privacy Policy and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Lhings and govern your use of our Site and Service, superseding any prior agreements that you may have with us.
These Terms of Use shall be construed in accordance with the laws of Spain, and the parties irrevocably consent to bring any action to enforce these Terms of Use before an arbitration panel or before a court of competent jurisdiction in Barcelona, Spain if seeking interim or preliminary relief or enforcement of an arbitration award and compliance of the Term of Use set forth herein.
Lhings may elect to resolve any controversy or claim arising out of or relating to these Terms of Use or our Site and Service by binding arbitration in accordance with the commercial arbitration rules of the Spanish Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Barcelona, Spain, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Barcelona, Spain, necessary to protect the rights or the property of you or Lhings (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
Applicable Law
Unless a specific local regulation sets forth to the contrary, the Privacy Policy and the remainder of the Terms of Use of the Site and Service are governed by Spanish law.
Contact Us
In the case you have doubts or questions, or if you feel your online rights compromised, please contact us by email at hello@lhings.com or directly at Lyncos Technologies S.L. with address at C. Gran Capitan 2, Nexus building, office 103, 08034 Barcelona, Spain; and phone number +34 93 401 0590. Lyncos Technologies S.L. is registered with a Trading Company Registry in Barcelona, Spain, Volume 42893, Sheet 153, Page 417745; and with tax code number B65683039.
