You are obligated to use LiveWorx App in a responsible manner and in compliance with the Terms. You may not access or use LiveWorx App in any way which is unlawful or contrary to commonly acceptable standards of good behavior online, and in particular you may not: (i) interfere with the lawful and authorized use of LiveWorx App or any other system by any person, or interfere with any person's lawful business or activities; (ii) engage in bullying, harassment, or abusive behavior, or misrepresent your identity or intentions, or engage in any fraudulent behavior; (iii) conduct unsolicited advertising or marketing or other activities that violate anti-spam laws, t (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction), or make unwanted communications; (iv) collect or harvest information about other people; (v) upload or share any material containing malicious code such as viruses, Trojan horses, or worms, or launch or facilitate any cyber threat to any system, or attempt to access LiveWorx App through unauthorized third party applications, (vi) upload or share any material which someone may find offensive (including any libelous or defamatory, discriminatory, explicit, pornographic, or violent material); (vii) upload or share any material which infringes any persons rights (including intellectual property and privacy rights); (viii) infringe any guideline or code of practice to which you submit or are subject; (ix) attempt to bypass any security mechanism; (x) use LiveWorx App to receive, send or otherwise process Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996 as amended; (xi) incorporate, link, distribute or otherwise use LiveWorx App with any open source software; (xiii) if provided Credentials, share Credentials with third parties or otherwise (xii) use LiveWorx App in any way which may subject PTC to liability. You may not use LiveWorx App unless you are at least 13 years old.
Content: LiveWorx App may enable you to share information, text, links, graphics, photos, images, music, videos and other content or information ("Content"), as well as access and receive Content shared by certain other users. You consent to our monitoring Content you share, but acknowledge that we are not obliged to monitor Content shared by anyone and that we do not take responsibility for such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content communicated via LiveWorx App, or endorse any opinions expressed via LiveWorx App. You must use your own judgement in using or relying on any Content obtained through LiveWorx App, and any such use or reliance is at your own risk.
In the event that LiveWorx App enables you to upload Content , you: (i) grant to PTC and its affiliates an unrestricted, royalty-free, irrevocable license to use, host, transmit, process, store, display, reproduce, publish, and distribute such Content in connection with your use of LiveWorx App (including operating, developing, providing, and improving the service, and developing new ones) and as otherwise required by law, regulation, or order; (ii) represent and warrant that you have all rights necessary to grant the foregoing license; and (iii) indemnify PTC and its affiliates without limitation from and against all loss, damage, or expense suffered or incurred in connection with any claim alleging that the Content you uploaded infringes any third party rights of any kind.
Our technology and materials: LiveWorx App and materials incorporated into it are protected by copyrights, patents, trade secrets, or other proprietary rights. Some of the characters, logos, or other images incorporated in LiveWorx App are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by PTC or others. PTC or its licensors own the title, copyright, and other intellectual property rights in LiveWorx App and, in using it, you do not acquire any ownership rights.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device settings. You may not copy, modify, distribute, sell, or lease any part of LiveWorx App, nor may you reverse engineer or attempt to extract the source code of it, except to the extent laws prohibit these restrictions.
Respecting intellectual property; the US Digital Millennium Copyright Act (DCMA): We respect other's intellectual property rights and expect LiveWorx App users to do the same. We reserve the right to remove Content alleged to be infringing without prior notice at our sole discretion and without liability to you. We have adopted the following policy, in compliance with the DMCA, to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringers’ accounts. If you have a good faith belief that your copyright is being infringed by any Content, please send a written notice of claimed infringement to our Designated Copyright Agent at: IP-Legal@ptc.com including: (i) an electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the service; (iv) information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (vi) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Third party charges: You are responsible for any mobile data charges that you may incur for using LiveWorx App. If you are unsure what those charges may be, you should ask your service provider before using LiveWorx App.
Apple App Store: The following applies to any mobile applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely a matter between you and PTC, not Apple, Inc. (“Apple”) has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to PTC as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to PTC as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, PTC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and PTC acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
Google Play Store: The following applies to any mobile applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are solely a matter between you and PTC only, and not Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) PTC, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relates to PTC’s Google-Sourced Software.
No access to emergency services: LiveWorx App does not provide access to emergency services or emergency services providers (e.g., police, fire department, or hospitals), or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
Disclaimer of warranties: Your access to and use of LiveWorx App and any Content is at your own risk. You understand and agree that LiveWorx App is provided to you on an “AS IS” and “AS AVAILABLE” basis. Each PTC entity, and its officers, directors, employees, agents, representatives, partners, and licensors, to the maximum extent permitted under applicable law, DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS. Neither PTC nor any of its affiliates, officers, directors, employees, agents, representatives, partners, or licensors makes any warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of LiveWorx App 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 LiveWorx App or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications via LiveWorx App; and (iv) whether LiveWorx App 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 PTC or through LiveWorx App will create any warranty or representation not expressly made herein.
Limitation of Liability: Except to the extent prohibited by law, PTC DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, LIVEWORX APP OR ANY OTHER SITE, APP OR SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT AVAILABLE THROUGH LIVEWORX APP OR ANY OTHER SITE, APP OR SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF PTC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. In no event shall our total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnity: You agree to indemnify and hold harmless PTC from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, from your placement or transmission of any information onto PTC's or our third-party partner's servers and/or from any and all use of LiveWorx App.
Release: If you have a dispute with one or more users, you release PTC from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Investigations: PTC may seek to gather information from a user who is suspected of violating these Terms and from any other user. PTC may suspend access by any users whose conduct or Content are under investigation and may remove such Content as it deems appropriate and without notice. If PTC believes, in its sole discretion, that a violation of these Terms has occurred, it may remove the Content permanently, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate in its sole discretion. PTC may fully cooperate with any law enforcement authorities or court order requesting or directing PTC to disclose the identity of anyone using LiveWorx App. BY ACCEPTING THESE TERMS YOU WAIVE AND HOLD HARMLESS PTC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PTC OR ANYONE ACTING ON ITS BEHALF DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PTC OR LAW ENFORCEMENT AUTHORITIES.
Suspension: We may stop (permanently or temporarily) providing LiveWorx App or any features of it 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, suspend or terminate users, and reclaim usernames without liability to you. We may suspend your use of LiveWorx App at any time in our sole discretion. If we suspend your access, you must not create another account without our written permission.
Local Regulations: We make no representation that LiveWorx App is available for use or permitted by law in any particular location. To the extent you choose to access LiveWorx App, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
Export: Our materials and services are subject to United States (U.S.) export control laws and regulations. You warrant and represent that: (i) you are eligible to receive and use U.S. exports; (ii) you are not listed on either the U.S. Department of Commerce’s Entity List or Denied Persons List or the U.S. Department of Treasury’s List of Specially Designated Nationals; (iii) you are not resident in or a national of Cuba, Iran, North Korea, Sudan, or Syria; (iv) you will not use or divert for use, directly or indirectly, any material, services, or technical data relating thereto: (a) in any nuclear related activity (civilian or military), (b) in the design, development, production, stockpiling or use of missiles, and/or (c) in the design, development, production, stockpiling or use of biological or chemical weapons; AND (v) you will not re-export or divert any material, services, or technical data relating thereto to any third party or region and you agree to not distribute, any software, technical data or any products derived from software or technical data provided hereunder in contravention of U.S. law or regulation. This clause does not apply to mere travel activities with the services installed on a personal mobile device. You hereby acknowledge and further agree that: (i) a violation of any of the above representations constitutes a violation of your license to use LiveWorx App and therefore will be cause for the immediate termination of your license to use LiveWorx App and (ii) PTC may terminate your license to use LiveWorx App in its entirety, effective immediately and without advance notice, if PTC or an agency of the U.S. Government determines that a U.S. export license or other U.S. governmental approval is required for you to obtain or use (or continue to use) the materials and/or services.
Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PTC. For any dispute with PTC, you agree to first contact PTC and attempt to resolve the dispute with us informally. In the unlikely event that PTC has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at https://www.jamsadr.com. The arbitration will be conducted in Suffolk County, Massachusetts, unless you and PTC agree otherwise. If you are using LiveWorx App for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using LiveWorx App for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in these Terms shall be deemed as preventing PTC from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.
Class Action/Jury Trial Waiver: WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED LIVEWORX APP FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ACCEPTING THESE TERMS YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Severance: 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. PTC’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Governing law and jurisdiction: The governing law and jurisdiction shall be that of Boston, Massachusetts, excluding any choice of law provisions, and will govern these Terms and any dispute that arises between you and PTC. Compulsory statutory laws of your country of residence remain applicable. We are neither willing nor obligated to participate in a dispute settlement before a consumer arbitration body.
Feedback: PTC will consider anything you provide to PTC, including feedback, ideas, or suggestions and/or contributions to services as available for our use free of any obligations to you (including any payment). Under no circumstances will we pay you for the use of your ideas or submissions.
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