Website Terms of Use

Last Updated: February 3, 2020

Welcome

These Spectro Cloud Web Site Terms of Use ("Terms") govern all SpectroCloud.com websites and web pages ("Sites").

By accessing, visiting, or otherwise using the Sites, you agree to be bound by the Terms. If you do not agree, do not use the Sites.

“Spectro Cloud,” “we,” “our,” and “us” each mean Spectro Cloud, Inc. and the applicable Spectro Cloud affiliate(s) responsible for the Sites. Any reference to “you” or “your” means the natural person or the entity using the Sites.

Your Use of Our Sites

Spectro Cloud is committed to providing a safe and positive experience to all users on our Sites.

When using our Sites, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data.

You also agree not to:

  • Display, send, receive, or store obscene or inappropriate content.
  • Threaten, harass, stalk, defame, or defraud any person or entity.
  • Violate copyright, trademark, or other intellectual property laws.
  • Advertise, promote, endorse, or market, directly or indirectly, any third party commercial products, services, solutions, or other technologies.
  • Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.
  • Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
  • Send deceptive or false source-identifying information, including “spoofing” or “phishing.”
  • Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
  • Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Sites.
  • Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
  • Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy.
  • Authorize, permit, enable, induce, or encourage any third party to do any of the above.
  • If you violate these Terms, your access to the Sites may be terminated immediately and without notice.

Privacy

Spectro Cloud’s Privacy Policy describes how we will protect your privacy and handle your personal information when using our Sites. By using the Sites, you agree that Spectro Cloud can use such information in accordance with this policy.

User Accounts and Profiles

In order to access certain services or features of our Sites, you may be required to create an account, profile, or download Spectro Cloud software. In those situations, or when using other Spectro Cloud products and services as part of the Sites, additional Spectro Cloud terms or requirements may apply and those additional terms become part of your agreement with us. In the event of any conflict between such additional terms and these Terms, the additional terms control.

If any portion of the Sites requires you to open an account or create a user profile, the information you provide must be truthful and accurate. User accounts, profiles, usernames, and passwords are associated with one individual only and you agree that you will never allow access by another person or entity at any time and to never access the account, profile, username, or password of another person or entity at any time. You must notify Spectro Cloud immediately of any unauthorized use of your account or of any other breach in security that you are aware of.

We may, in our sole discretion, (i) reject or remove anything you post, (ii) restrict, suspend, or terminate your access to any or all of the Sites, or (iii) cease to provide and maintain the Sites, at any time, for any or no reason, with or without prior notice, and without liability. Upon doing so, we may retain or delete any information or content that you provided.

Our Site Content

Our Sites contains content owned, operated, licensed, and/or controlled by Spectro Cloud that is protected by copyright, trademark, trade secret, or other proprietary rights ("Site Content"). Additionally, certain Site Content may include, but is not limited to, icons, photographs, white papers, product documentation, technology overviews, and implementation guides. Spectro Cloud or its licensors retain all rights in such Site Content. Spectro Cloud grants you a limited, revocable, nonsublicensable right to view the Site Content solely for your internal use of the Sites.

The trademarks, logos, and service marks ("Marks") displayed on our Sites are the property of Spectro Cloud or other third parties. Spectro Cloud® is a registered trademark of Spectro Cloud, Inc. You are not permitted to use these Marks without the prior written consent of Spectro Cloud or the third party that owns the Mark.

Software Content

Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Sites. Spectro Cloud or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights.

Nothing in these Terms grants any right or license to Software Content. Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified license(s), which may include, but is not limited to, Spectro Cloud’s Master Subscription Agreement and free/open source software licenses, as applicable.

Your Content

You may on occasion upload or otherwise provide to the Sites certain text, files, images, photos, video, sounds, software, works of authorship, or other materials (collectively, "User Content"). You grant to Spectro Cloud a worldwide, royalty-free, sublicensable, perpetual, unlimited, irrevocable license to use, modify, publicly perform, publicly display, reproduce, make derivative works of and distribute your User Content in any media or medium, or any form, format, or forum now known or hereafter developed. Spectro Cloud may sublicense any or all of such rights through multiple tiers of sublicenses.

You cannot post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account and/or deny access to any user who is alleged to have infringed the copyright or proprietary rights of another.
All User Content is considered nonconfidential and public. Please do not submit any confidential or private information.

If you provide us with any feedback or ideas, you authorize Spectro Cloud to use your feedback for any purpose, without any restriction or limitation.

If you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information: 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
  • A description of the copyrighted work or other work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on our Sites, networks or other repositories
  • Your address, telephone number, and email address
  • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Our Designated Agent for claims of copyright infringement is: Email: contact@spectrocloud.com.

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will try to provide notice to the third party of the charge. If the third party responds, we will provide you with a copy so that you may take any other steps you may consider appropriate.

Disclaimers and Limitations of Liability

Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Spectro Cloud or any third party. All rights not expressly licensed are reserved.

Although we have attempted to provide accurate information on our Sites, we assume no responsibility for the accuracy of the information.

We do not endorse or assume responsibility for user conduct or what users submit to our Sites. Nothing in these Terms requires us to monitor the Sites or to modify or remove any materials or information.

Our Sites may contain links to third party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to the Sites is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

You are solely responsible for maintaining the confidentiality of your account, registration, and password information. Spectro Cloud will not be liable for any harm caused by, or related to, the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.

We may change the programs or products mentioned at any time without notice. Mention of non-Spectro Cloud products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided on our Sites, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

The Sites and all information on the Sites are subject to applicable federal, state, and local laws, and U.S. export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in Spectro Cloud's sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

THE SITES ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, SPECTRO CLOUD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SPECTRO CLOUD DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES OR ANY RELATED SERVICES OR CONTENT.

SPECTRO CLOUD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SPECTRO CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ANY USE OF THE SITES IS AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPECTRO CLOUD IS TO DISCONTINUE YOUR USE OF THE SITES.

About Our Terms

We reserve the right to change these Terms from time to time at our sole discretion. Please check this page periodically for any updates.

These Terms are governed by the laws of the State of California, U.S.A., excluding any conflict of laws rules or principles.

If there is any dispute relating to the Sites or these Terms, you and Spectro Cloud agree to exclusive personal jurisdiction and venue in the state and federal courts of Santa Clara County, State of California, U.S.A. 

If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.

If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.

© 2020 Spectro Cloud. All rights reserved.
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