Terms of Use

December 29, 2016
December 29, 2016
by Digital Transformation People
Our purpose is to provide the platform where you, the digital transformation people, come to share, learn and connect.
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Welcome to The Digital Transformation People.  
Below are the Terms of Use (TOU) for those vistiting and using the website thedigitaltransformationpeople.com

  1. Scope

The Digital Transformation People Ltd, together with its subsidiaries (collectively The Smart People Group Ltd) created and maintain thedigitaltransformationpeople.com website (including all related The Digital Transformation People Ltd websites, collectively thedigitaltransformationpeople.com and other websites added to thedigitaltransformationpeople.com from time to time to provide a repository where you (you or your) and other The Digital Transformation People Ltd software experts, developers, users, and other interested parties (each, a user and collectively, users) may obtain and share information around The Digital Transformation People Ltd’s products and services, and other topics found on The Digital Transformation People.com.

If you are accessing and/or using thedigitaltransformationpeople.com on behalf of your employer or as a consultant or agent of a third party (collectively your company), you represent and warrant that you have the authority to act on behalf of and bind your company to the terms of this terms of use agreement (TOU) and everywhere in this TOU that refers to you or your, shall also include your company(s).

  1. Acceptance of terms

Unless otherwise agreed to in a separate signed agreement between your company and The Digital Transformation People Ltd, your access and use of thedigitaltransformationpeople.com, content (defined in section 7 below), or any forums, wikis, blogs, or services provided on thedigitaltransformationpeople.com (any services), are subject to this TOU. Additionally, your use of thedigitaltransformationpeople.com, its content, and the services it provides may also be subject to disclaimers, legal notices, click-through agreements, or other legal agreements (any, additional legal terms), which may be posted on thedigitaltransformationpeople.com where applicable. This TOU and the applicable additional legal terms (together controlling terms) form a legally binding agreement between you and The Digital Transformation People Ltd regarding your access and use of thedigitaltransformationpeople.com, content, and the services.

Whenever there is a conflict between the terms in this TOU and the additional legal terms, the terms in the additional legal terms shall control. By accessing or using thedigitaltransformationpeople.com, you accept and agree to abide by the terms of this TOU. If you do not agree to the terms of this TOU, you must not attempt to access or use thedigitaltransformationpeople.com. Your access and use of any The Digital Transformation People Ltd software or related documentation provided on thedigitaltransformationpeople.com (together
The Digital Transformation People Ltd software) shall be subject to a separate software license agreement made available to you at the time you access or download The Digital Transformation People Ltd software.

  1. Changes and notices

The Digital Transformation People Ltd reserves the right to make changes to this TOU and to modify, change or discontinue any part or all of thedigitaltransformationpeople.com and/or the services at any time. The Digital Transformation People Ltd will notify you of any changes to this TOU when you visit thedigitaltransformationpeople.com, or via email, or by providing you with information on such update and updating the TOU which can be viewed on the website. The Digital Transformation People Ltd may make changes to its products, service offerings, thedigitaltransformationpeople.com and/or the services and The Digital Transformation People Ltd software at any time without notice.

  1. Confidential information

4 A. Except for web sites within thedigitaltransformationpeople.com which are clearly identified as non-public, thedigitaltransformationpeople.com is intended to be a public forum subject to the terms of this agreement and you agree not to provide The Digital Transformation People Ltd or other users with any confidential or proprietary information that you or the owner of the information do not intend to become public information. Any content that you send or upload to thedigitaltransformationpeople.com will be deemed not to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such uploaded content.

4 B. You agree not to reproduce any confidential information to which you are provided access through thedigitaltransformationpeople.com in any form except as authorised at the time of disclosure. Any reproduction of The Digital Transformation People Ltd confidential information shall remain the property of The Digital Transformation People Ltd and shall contain any and all confidential or proprietary notices or legends, which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all confidential information strictly confidential; (b) to use confidential information solely as authorized at the time of disclosure and (d) not to disclose any confidential information to any party without the prior written consent of The Digital Transformation People Ltd. You do not acquire any rights in confidential information except the limited rights as described above. In no event shall you use confidential information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the software or services, or compete with The Digital Transformation People Ltd software or services in whole or in part. As used herein, confidential information shall mean all trade secrets and other information or services which The Digital Transformation People Ltd or third parties protect against unrestricted disclosure to others which is either labelled confidential, accessed through a restricted area of The Digital Transformation People Ltd.com, pursuant to software downloads, or reasonably identifiable as confidential based on the type of information and the manner of its disclosure, and reasonable steps means those steps you and/or your company take to protect your own similar confidential information, which shall not be less than a reasonable standard of care.

All uploads by you onto thedigitaltransformationpeople.com, whether into a public forum or non-public forum, shall be at your own risk and The Digital Transformation People Ltd takes no responsibility for the use or misuse of any such uploaded information by any other user of The Digital Transformation People Ltd.com.

  1. Your information, privacy, and data protection

You understand and agree that The Digital Transformation People Ltd collects, uses, stores and otherwise processes your personal information and utilisation data and may share such data with third party service providers for the purposes of improving or providing the services subject to The Digital Transformation People Ltd's privacy statement.  Data to be processed includes your name, email address, LinkedIn profile, social media profiles and other information, which may include but is not limited to your job title, place of work, telephone number, and / or postal address. All personal data will be treated as confidential and in compliance with English law and other applicable legislation.

You agree that The Digital Transformation People Ltd may access, preserve and disclose your personal information and/or content if required to do so by law or to: (i) comply with a legal process; (ii) respond to claims that any content violates the rights of third parties or (iv) protect the rights, property or personal safety of The Digital Transformation People Ltd, users, and the public.

You agree to comply with the terms of the above The Digital Transformation People Ltd privacy statement, and the privacy terms.

  1. Copyright policy

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's’ rights. You agree that you will not use thedigitaltransformationpeople.com to infringe the intellectual property rights of The Digital Transformation People Ltd or others in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of The Digital Transformation People Ltd software, third party software, or any content accessed on The Digital Transformation People Ltd.com. As used herein, intellectual property rights means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.

You agree to comply with the terms of the above The Digital Transformation People Ltd copyright policy.

  1. Responsibility for links and content

The Digital Transformation People Ltd is only responsible or liable for the content posted on thedigitaltransformationpeople.com to the extent required by English Law. Thedigitaltransformationpeople.com may contain links to external web sites and information provided on such external websites by The Digital Transformation People Ltd partners and third-party service providers. The Digital Transformation People Ltd shall not be responsible for the contents of any linked web site, or any changes or updates to such sites. You further agree that The Digital Transformation People Ltd shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such linked web site.  Any article, information, data, code, text, software, documentation, graphics, image, marketing material, video, photograph, message, or posting to any forum, wiki, or blog on thedigitaltransformationpeople.com (any content), whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the content.

  1. Intellectual property rights; license grant

Subject to any licenses you grant to The Digital Transformation People Ltd pursuant to this agreement, you shall retain ownership of all intellectual property rights in and to the content provided by you on thedigitaltransformationpeople.com to the extent you are the owner or holder of the intellectual property rights. Nothing in this agreement shall prohibit you from selling or licensing your content to any other party under a separate agreement.

By transmitting or uploading content to thedigitaltransformationpeople.com, you grant The Digital Transformation People Ltd a perpetual, unlimited, irrevocable, royalty-free, worldwide license to: use, reproduce, adapt, display, modify, transmit, distribute, and create derivative works of the content; to make, have made, offer to sell, sell, lease, or otherwise distribute any content or product; and to practice any method, embodying such content (including the right to sublicense any of the foregoing). You further represent and warrant to The Digital Transformation People Ltd that you have the right, title, and/or authority to grant such license to The Digital Transformation People Ltd. The Digital Transformation People Ltd may elect not to post or publish the content that you send or upload. If The Digital Transformation People Ltd elects to post or publish the content, The Digital Transformation People Ltd may in its sole discretion elect to withdraw the posted or published information for any reason and without notice.

All intellectual proprietary rights to any The Digital Transformation People Ltd software and the services shall belong to The Digital Transformation People Ltd. Nothing in this TOU shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any The Digital Transformation People Ltd software for any reason unless otherwise permitted by law. You hereby agree to assign and do assign to The Digital Transformation People Ltd any modifications or derivative works of any The Digital Transformation People Ltd software made by you in contravention of this limitation.

  1. Permissible use of The Digital Transformation People Ltd.com

You are permitted to access thedigitaltransformationpeople.com and use the services content and The Digital Transformation People Ltd software solely for your personal, informational, non-commercial purposes.

  1. Termination and accountability

In the event you are in material breach of the controlling terms, The Digital Transformation People Ltd may, at its sole discretion refuse you any current or future use of thedigitaltransformationpeople.com. The Digital Transformation People Ltd may remove any content posted on thedigitaltransformationpeople.com at The Digital Transformation People Ltd’s sole discretion. The Digital Transformation People Ltd shall not be liable to you or any third party for any termination or change to thedigitaltransformationpeople.com and/or the services. If you send or upload content that is confidential or proprietary of a third party without that third party's permission, or, if you transmit or upload content that is intended to infect, corrupt or otherwise disrupt the operation of thedigitaltransformationpeople.com or any other users computer system, The Digital Transformation People Ltd may report you to the relevant authorities to ensure you are held accountable to the fullest extent of applicable laws.

You agree not to use thedigitaltransformationpeople.com to:

  • Publish, upload, post, email, transmit or otherwise make available any content that (a) you do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any intellectual property rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
  • Defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity;
  • Impersonate any person or entity, including, but not limited to, a The Digital Transformation People Ltd official, The Digital Transformation People Ltd employee, or any other third party, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge email headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the services;
  • Download any file or content posted by another user that you know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
  • Interfere with or disrupt the services, servers, or networks which support the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
  • Violate any applicable local, state, national or international law and any regulations;

Harvest, collect, or store personal information or data of other users.

By breaching this provision, you would commit a criminal offence under the computer misuse act 1990.

  1. Indemnity

You agree to indemnify and hold The Digital Transformation People Ltd, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your content or your usage of thedigitaltransformationpeople.com or services, your breach of this TOU or The Digital Transformation People Ltd's copyright or privacy statements, or your alleged violation of any other rights of a third party.

  1. Exclusion of software warranties

Thedigitaltransformationpeople.com, content, and services are being provided to you as is. The Digital Transformation People Ltd does not guarantee or warrant any features or qualities of thedigitaltransformationpeople.com, content, or services or give any undertaking with regard to any other quality. Statements and explanations to thedigitaltransformationpeople.com content, software or services in promotional material or on thedigitaltransformationpeople.com and in the documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a user from any published The Digital Transformation People Ltd description of or advertisement except to the extent The Digital Transformation People Ltd has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of The Digital Transformation People Ltd’s management.

The Digital Transformation People Ltd does not represent or endorse the accuracy or reliability of any (i) links to web-pages of third parties contained on thedigitaltransformationpeople.com, or the content obtainable on such web-pages or (ii) any information provided by third parties on thedigitaltransformationpeople.com. The Digital Transformation People Ltd only reviews whether the content of such web-page at the time it was linked, and information provided by third parties on thedigitaltransformationpeople.com evidently contains illegal contents or infringements against intellectual property rights. The Digital Transformation People Ltd will not permanently control and/or review the linked web-pages and the information provided by third parties but upon sufficiently proven indication will remove the respective link and/or information. The Digital Transformation People Ltd shall not be liable for damages caused by the use of the content and/or information, unless such damages have been caused by The Digital Transformation People Ltd’s wilful misconduct, gross negligence or The Digital Transformation People Ltd’s failure to fulfil its duty to review as stipulated herein.

  1. Limitation of liability

To the extent allowable by applicable law, The Digital Transformation People Ltd and its affiliates, subsidiaries, officers, employees, agents, partners, and licensors are not liable to any user for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, revenue, goodwill, use, data, or other intangible losses (even if The Digital Transformation People Ltd has been advised of the possibility of such damages), however caused, whether in contract, tort, or otherwise, arising out of or resulting from: (i) the use or the inability to use thedigitaltransformationpeople.com, The Digital Transformation People Ltd software, or services; (ii) the cost of procurement of substitute goods and services arising out of your use or inability to use any The Digital Transformation People Ltd software, content, or services purchased or obtained during transactions conducted on The Digital Transformation People Ltd.com; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, messages, or conduct of any third party on thedigitaltransformationpeople.com; or (v) any other matter relating to the thedigitaltransformationpeople.com or services. Notwithstanding anything to the contrary herein, these limitations shall not apply in case of intent or gross negligence by The Digital Transformation People Ltd and in case of The Digital Transformation People Ltd’s statutory liability for personal injury and defective products.

  1. Applicable law
    14.A
    Information appearing on this website is provided in accordance with and subject to the laws of England and wales and the laws of England and wales govern the conduct and operation of this website. The courts of England and wales have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these terms and conditions of use, the information contained on this website, and any use made of that information. Any such claims or disputes shall be resolved in accordance with the laws of England and wales.

You also agree to comply with all laws from the country in which you reside that are applicable to the transmission of data on the internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.

  1. B.
    In the event you access or use thedigitaltransformationpeople.com from the united states, matters related to access and use of thedigitaltransformationpeople.com and these TOU shall be governed by U.S. federal law or the laws of the state of California. Any legal action or proceeding relating to your access to, or use of, thedigitaltransformationpeople.com or content shall be instituted in a state or federal court in San Francisco, California. You and The Digital Transformation People Ltd agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

  2. Survival

Your confidentiality obligations hereunder shall survive termination of your access rights. Upon any termination of your account, or The Digital Transformation People Ltd’s written request, you must cease use of confidential information, discoveries, and/or services and return or destroy all confidential information in your possession or control.

  1. Waiver and severability

The failure of The Digital Transformation People Ltd to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.

Last updated Dec 29th 2016

 

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