Application of the Terms and Conditions
These Terms and Conditions take effect immediately for non-member visitors and members who register after the revision date.
Note that these Terms require the use of mediation on an individual basis to resolve disputes rather than litigation and limit the remedies available to you in the event of a dispute.
Suitability for use of WPCS
To view or use WPCS, you must be at least 18 years old and have the authority and permission to accept these Terms. Unless approved by us, WPCS is intended, among other things, for commercial use. If you wish to use WPCS for commercial purposes, you must establish an agreement with us. You may not use WPCS if we terminate or block your account.
Your WPCS account
To become a member of WPCS (Member), you must create an account by submitting your company name and email address in order to receive a username and password. WPCS may also have additional requirements for registration. You are fully responsible for keeping your password confidential. You agree never to use another Member’s account or password. You agree to notify us immediately if you suspect your account is being used unauthorized or you have unauthorized access to your password. You take full responsibility for any use of your account. Passwords can be reset at any time by WPCS.
Your use of WPCS
Code of conduct. You may use WPCS exclusively in a way that is in accordance with these conditions and all applicable laws, regulations, and other binding obligations (among others contractual obligations) that you possibly have in attendance of third parties.
Sharing your content using WPCS
Special provisions that apply to advertisers
This provision applies to all advertisers, including clients, intermediaries, partners that buy advertisements or display advertisements. Unless otherwise agreed with us, you are not entitled to use data collected via or derived from advertisements (advertisement data) for any other purpose (including retuning, building or extending visitor profiles, or enabling piggybacking, redirecting with labels, or combining with data from campaigns from multiple advertisers) than judging the performance and efficiency of your campaigns, provided that this happens on a collected and anonymous basis. It is not permitted and you may not allow any third party to transfer or sell advertisement data, or to use advertisement data with reference to an advertisement network, advertisement exchange, a data broker or another party that does not act on behalf of you and your campaigns. You are entitled to use information that visitors provide to you directly, if you mention this explicitly and if you get permission from this visitor and you meet all applicable laws and industry guidelines.
Enforcement by WPCS
Rights regarding your content
Rights to WPCS Content
WPCS contains content provided by us and our licensors. We and our licensors (among whom our visitors) own and retain all proprietary rights (and intellectual property rights) to the Content we offer separately, and WPCS owns and retains all proprietary rights to WPCS. If you are a websitevisitor, we hereby grant you a limited, revocable, non-sub-licensed license under the intellectual property rights we may grant under license to download, view, copy, and print Content on WPCS solely for your own use in conjunction with WPCS. Except as provided above, you agree not to: (1) reproduce, adapt, publish, distribute, distribute, publicly perform or display, sell or produce derivative works based on WPCS or the Content; or (2) rent, lease, lease, lend or sell access to WPCS. WPCS ® is a registered trademark of Wildcloud b.v. The trademarks, logos and service marks (trademarks) displayed on WPCS are our property or the property of third parties. You may not use our trademarks without our prior written permission or the permission of the third party who owns the respective trademark.
Disclaimers and restriction of liability
The disclaimers and disclaimers in this Section apply to the maximum extent permitted by applicable law. Nothing in this Section is intended to limit rights that may not be restricted by law.
We are not responsible for any inaccurate content (including information in profiles and reviews) placed on WPCS, whether caused by visitors or devices or the programming associated with or used in WPCS. We are not responsible for any errors, omissions, interruptions, distances, defects, processing or transmission delays, communication failures, theft or destruction, unauthorized access or alteration of any communication with other visitors. We are not responsible for any problems or technical malfunctions of hardware or software resulting from technical programs on the Internet, on WPCS or any combination of both, which may result in any injury or technical damage to visitors or a person’s computer if this is related to participation or downloading materials related to WPCS. WPCS is not liable under any circumstances for any damage to visitors.
We disclaim all warranties and provisions of any kind, whether express or implied, including warranties or provisions relating to merchantability, appropriateness for a particular purpose, property, enjoyment, accuracy or non-infringement of any rights. We do not warrant in any way: (1) that WPCS will meet your requirements; (2) that WPCS will be available on an uninterrupted, punctual, secure or error-free basis; (3) that the results that may be obtained through use of WPCS will be accurate or reliable.
You hereby indemnify us, our officers, employees, intermediaries and assigns against all claims, demands and losses, damages, rights and actions of any kind directly or indirectly related to or due to: (1) interaction with other visitors or users of WPCS, (2) your participation in these offline events.
IN NO CASE WE WILL BE LIABLE TO A THIRD PARTY, FOR PROFIT LOSS OR INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, COLLATERAL DAMAGES, INCIDENTAL, SPECIAL OR IMPLIED DAMAGES RESULTING FROM YOUR USE OF WPCS.
These Terms will remain in effect as long as you use WPCS and for Members as long as your account remains open. We reserve the right to suspend or terminate your account or your access to portions of WPCS without notice if we believe you have violated these Terms. All provisions of these Terms will remain in effect at the time of termination or expiry of these Terms, except those that grant you access to WPCS or a right of use in respect of WPCS.
Amendments in the conditions
We reserve the right to update these Terms from time to time by posting an updated version of the Terms on WPCS, and you agree the revised Terms will be in force thirty (30) days after the changes are published. Your continued use of WPCS will be subject to the most recent version of the Terms.
Applicable Law. This Agreement and any individual claim or dispute between you and us, including but not limited to any claim or dispute in any way related to or arising out of this Agreement or your access to or use of WPCS, shall be governed by the laws of the Netherlands without the principles or provisions of conflicting laws providing for the application of laws in any other jurisdiction. Any claim or dispute not subject to the arbitration provision below shall be subject solely to the arrondissement where Wildcloud B.V is based.
By this agreement you dissociate yourself from participating in a collective trial. You agree to go to court only as an individual and not as a plaintiff or member of a collective in an intended collective or represented trial. Arbitration will take place on an individual basis; collective arbitration and collective court proceedings are not admissible.
Except as expressly stated in any other agreement that we have entered into with you, these Terms shall include the full agreement between you and us regarding your use of WPCS and these Terms shall prevail over any other previous proposals, negotiations, agreements and agreements relating to these Terms. You represent and warrant no other person has made any promise, representation or warranty, either express or implied, not contained in this document to encourage you to enter into this Agreement. Failure on our part to exercise any authority or provision of these Terms shall not mean we dissociate ourselves from any such right or provision. If any provision of these Terms appears unworkable or void, this shall be adjusted in such a way it reflects the intent of the parties or is subjected to it to such a minimum extent that the other terms are in full force and effect
Wildcloud b.v. has a complaints procedure. If you do not agree with the terms, the billing, reviews or our service, you can use our complaints procedure by contacting us by e-mail at support @ wpcs.io.