Terms of Use of Workplace in the Cloud

The following terms and conditions govern all use of the workplaceinthecloud.com website (“the Website”). The Website is owned and operated by the Workplace in the Cloud (WPITC). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, workplaceinthecloud.com’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by WPITC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use it for any reason.

You have to be an adult to use our Website, so we intend to treat you like one. When we use terms like “us” we mean the WPITC. When we refer to “you”, we mean you. We do not intend to define pronouns needlessly.

If you are under 18, please contact us and we will try to arrange for you to be able to host or join a Debate on the Website, if you are interested.

1. Your workplaceinthecloud.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify WPITC of any unauthorized uses of your account or any other breaches of security. WPITC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your anyone else has rights to any intellectual property you create, you have either (i) received permission from them to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
• your Content is not named in a manner that misleads your readers into thinking that you are another person; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TPPL or otherwise.

3. User Content License
You grant WPITC a perpetual, unlimited, worldwide, and free licence to use and publish any content or material that you post to our Website. Without limiting any of those representations or warranties, WPITC has the right (though not the obligation) to, in WPITC’s sole discretion (i) refuse or remove any content that, in WPITC’s reasonable opinion, violates any of WPITC’s policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WPITC’s sole discretion. WPITC will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal .
To comment on any Debate hosted by WPITC a monthly subscription of £2.50 per month will be charged to you in advance.

A Debate means a discussion on a particular matter, hosted by a subscriber to WPITC (the Host ) held in a manner similar to a public meeting or legislative assembly, in which opposing arguments are put forward and which may or may not end with a vote.

Acceptable Use of Our Services . You must use our Services according to our Terms and our policies. If you do not, we may disable or suspend your account.

Legal and Acceptable Use. You must access and use our Services only for authorised, legal and acceptable purposes. You agree that you will not use, and you won’t help others to use, our Services in ways that are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or to instigate or to encourage conduct that would be illegal or otherwise inappropriate. This includes; encouraging or promoting crimes; violating, misappropriating, or infringing our rights or the rights of other users, or others;, publishing things that are not true, misrepresentations, or misleading statements, sending illegal or impermissible communications; and any unauthorised non-personal use of our Services.

Harm . You must not (whether directly or indirectly) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services (unless we have allowed you to do so) and you must not permit or encourage or enable others to do so. In particular, you must not: (a) alter, modify, create derivative works from, reverse engineer, decompile, or extract code from our Services; (b) gain or attempt to gain unauthorized access to our Services or systems; © send, store, or transmit viruses, trojans, malware or other harmful computer code through or onto our Services (d) interfere with or disrupt the safety, security, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services in an unauthorized manner; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties unless we have authorised you to do so.

6. Responsibility of Website Visitors
WPITC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, WPITC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WPITC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

7. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which workplaceinthecloud.com links, and that link to workplaceinthecloud.com. WPITC does not have any control over those non-workplaceinthecloud.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-workplaceinthecloud.com website or webpage, WPITC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WPITC disclaims any responsibility for any harm resulting from your use of non-workplaceinthecloud.com websites and webpages.

8. Copyright Infringement
As WPITC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by workplaceinthecloud.com violates your copyright, you should notify us immediately. WPITC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WPITC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WPITC or others. In the case of such termination, WPITC will have no obligation to provide a refund of any amounts previously paid to WPITC.

9. Intellectual Property
This Agreement does not transfer from WPITC to you any WPITC or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WPITC. WPITC, workplaceinthecloud.com, the workplaceinthecloud.com logo, and all other trademarks, service marks, graphics and logos used in connection with workplaceinthecloud.com, or the Website are trademarks or registered trademarks of WPITC or WPITC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WPITC or third-party trademarks.

10. Attribution
WPITC reserves the right to display attribution links such as ‘Powered by workplaceinthecloud.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the workplaceinthecloud.com toolbar may not be removed.

11. Changes
WPITC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WPITC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

12. Termination
WPITC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your workplaceinthecloud.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties
The Website is provided “as is”. WPITC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WPITC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

14. Limitation of Liability
In no event will WPITC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WPITC under this agreement during the twelve (12) month period prior to the cause of action. WPITC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

15. General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the WPITC’s Privacy Policy, its Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. Indemnification
You agree to indemnify and hold harmless WPITC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

17. Miscellaneous
This Agreement constitutes the entire agreement between WPITC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WPITC, or by the posting by WPITC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws England and Wales, excluding their conflicts of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be courts of England.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may not assign your rights under this Agreement to any party. WPITC may assign its rights under this Agreement without condition.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Originally adapted from the WordPress Terms of Service.

21 06 2020