Hydrogen Enterprise has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Hydrogen Enterprise the license described above.
4. Using the Services Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you. In consideration for Hydrogen Enterprise granting you access to and use of the Services, you agree that Hydrogen Enterprise and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services:
- (i) access, tamper with, or use non-public areas of the Services, Hydrogen Enterprise computer systems, or the technical delivery systems of Hydrogen Enterprise’s providers;
- (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Hydrogen Enterprise (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Hydrogen Enterprise (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Hydrogen Enterprise is expressly prohibited);
- (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or
- (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
- (i) satisfy any applicable law, regulation, legal process or governmental request,
- (ii) enforce the Terms, including investigation of potential violations hereof,
- (iii) detect, prevent, or otherwise address fraud, security or technical issues,
- (iv) respond to user support requests, or
- (i) you have violated these Terms or ,
- (ii) you create risk or possible legal exposure for us;
- (iii) your account should be removed due to prolonged inactivity; or
- (iv) our provision of the Services to you is no longer commercially viable.
The Services are Available “AS-IS” Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The Hydrogen Enterprise Entities” refers to Hydrogen Enterprise, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Hydrogen Enterprise ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Hydrogen Enterprise Entities make no warranty or representation and disclaim all responsibility and liability for:
- (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
- (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
- (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services;
- (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Hydrogen Enterprise Entities or through the Services, will create any warranty or representation not expressly made herein. Limitation of Liability.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Hydrogen Enterprise ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
- (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
- (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR
- (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Hydrogen Enterprise ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Hydrogen Enterprise, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Hydrogen Enterprise ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. General We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or social media associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. The laws of the England , will govern these Terms and any dispute that arises between you and Hydrogen Enterprise In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Hydrogen Enterprise’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and Hydrogen Enterprise a trading division of Hydrogen Enterprise ltd Effective: August 31, 2018