18th September, 2009
Welcome to EditGrid, a service of Team and Concepts Limited ("TnC"). By using EditGrid you agree and acknowledge to be bound by the following terms and conditions ("Terms").
We at TnC grant you a personal, non-exclusive, non-transferable, limited license to use EditGrid in accordance with these Terms.
You are solely responsible for your use of EditGrid. You are responsible for maintaining the confidentiality of your account password and AppUserKey, and are responsible for all activities that occur under your account. You agree to immediately notify TnC of any unauthorised use of your password or AppUserKey or account or any other breach of security. TnC cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password and AppUserKey secure. TnC do not represent the accuracy of or endorse any data accessible from EditGrid and, as such, you are solely responsible for any risks associated with the use of data accessible from EditGrid. You are solely responsible for your conduct and any data, text, information, graphics, photos and links that you submit, post and display on EditGrid. You may not use EditGrid for any illegal purpose. You agree to comply with all local laws regarding online conduct and acceptable content. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade your account or any part of the EditGrid service, unless such activity is expressly permitted by a separate written agreement entered into between you and TnC.
Use of API
EditGrid provides an application programming interface ("API") for you to access data on EditGrid. You ackknowledge that your AppUserKey is a representation your account and password and that we authenticate incoming API accesses using the AppUserKey provided by the accessor. You further acknowledge that the number of API accesses, and the volume of data transferred through API, authenticated with your AppUserKey are subject to a daily limit that we may impose and change from time to time at our sole discretion.
In a nutshell,
Proprietary and Intellectual Property Rights
We encourage users to contribute content onto EditGrid. Except for material we may license to you as part of EditGrid, TnC claims no ownership in the data you create or upload onto EditGrid. Any intellectual property rights subsisting in any such data remain at the respective original rightholders. By putting data onto EditGrid or submitting a link to third-party content for placing and/or displaying the linked content on EditGrid, you grant TnC a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such data in connection with provision of the EditGrid services; grant such users you designate (which may include members of the public if you so choose) a worldwide, non-exclusive license to view, use, copy, modify, adapt and/or re-distribute such data to the extent you share such privileges; warrant that you are the rightholders or are otherwise authorised to grant the aforementioned licenses; and agree to indemnify TnC for all claims resulting from any data you put onto EditGrid.
You may opt to distribute any data you put onto EditGrid to other users on such additional license terms as you please, to the extent that such additional license terms are consistent with the license grant to other users above. By doing so you warrant that you are the rightholders or are otherwise authorised to do so. You must cause a prominent notice of such additional license terms to accompany such data. The license you grant to TnC above shall in no case be prejudiced by such additional license terms.
By viewing, using, copying, modifying, adapting and/or re-distributing any data on EditGrid, you acknowledge that any intellectual property rights subsisting in any such data remain at the respective original rightholders and agree to be bound by any additional license terms applied on such data.
You acknowledge and agree that TnC owns all legal right, title and interest in EditGrid and any software provided to you as part of the service, including any and all intellectual property rights that exist therein.
If you breach any of these Terms (or act in a manner that clearly shows you do not intend to comply with these Terms), TnC may suspend and/or terminate your account without any notice. TnC may also suspend or terminate your account without notice if required by legal process, or if TnC determines in its sole discretion that it is no longer commercially viable to provide the EditGrid service. Upon termination of your account, you lose all access to EditGrid and any data stored under your account.
Changes to EditGrid Service and/or Your Account
You acknowledge that TnC may at any time, and from time to time, in its sole discretion, and with or without prior notice to you (i) suspend or stop EditGrid, or any part thereof, temporarily or permanently, (ii) change or modify EditGrid, including changing or removing any feature or functionality of the service (including the APIs), (iii) modify or impose any limitations on the use of EditGrid (e.g. permitted data volume per account) or (iv) remove any content you may have posted on EditGrid or to your account if it is found to be in violation of these Terms or otherwise objectionable. You further acknowledge that TnC has no express or implied obligation to provide, or continue to provide, EditGrid now or in the future. In addition, TnC may in its sole discretion at any time, upon sufficient prior notice as may be required by applicable law, change or modify any fees or charges related to EditGrid.
TnC makes no guarantees to you in relation to the availability or uptime of the EditGrid service and is not obligated to provide any maintenance, technical or other support for the EditGrid service, unless you have entered into a separate written agreement with TnC for such software support services.
Use of Third-party Materials
Some features of EditGrid may include materials and data from third parties and/or links to other web sites and resources (e.g. remote data services). You may be subject to additional terms and conditions that apply when you access and use such third-party services, content, or software, and agree to abide by such additional terms as a condition of your use of EditGrid. TnC is not liable or responsible in any way for the availability or accuracy of such sites or resources and shall in no way be liable for any data made available from such third party sites. TnC may suspend, alter or remove any such links or resources at any time, with or without notice to you. You use such third-party data and/or sites at your own risk and TnC shall not be liable or responsible in any way for your use or reliance upon such data or sites.
Disclaimer of Warranties and Limitation of Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TNC PROVIDES EDITGRID ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT ANY CONDITION OR WARRANTY OF ANY KIND AND YOU USE IT AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TNC AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY REFERRED TO HEREIN AS "TNC") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN PARTICULAR, TNC MAKES NO WARRANTY THAT (I) EDITGRID WILL MEET YOUR REQUIREMENTS OR FUNCTION AS DESCRIBED; (II) YOUR USE OF EDITGRID WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION STORED OR TRANSMITTED THROUGH EDITGRID MAY NOT BE LOST OR DAMAGED; (IV) ANY DEFECTS OR ERRORS IN EDITGRID WILL BE CORRECTED; (V) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF EDITGRID WILL BE ACCURATE OR RELIABLE; OR (VI) EDITGRID WILL BE COMPATIBLE WITH FUTURE TNC PRODUCTS OR SERVICES. IN ADDITION, TNC SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY INTERRUPTIONS TO THE EDITGRID SERVICE, INCLUDING, BUT NOT LIMTED TO, ANY POWER OUTAGES, SYSTEM FAILURES, NETWORK ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TNC OR THROUGH OR FROM THE EDITGRID SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TNC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) Â IN CONNECTION WITH THESE TERMS, INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM: (I) THE USE OR INABILITY TO USE EDITGRID; (II) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON OR THROUGH EDITGRID; (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH EDITGRID; OR (IV) YOUR DEVELOPMENT EFFORTS IN RELATION TO EDITGRID.
If at any time any one or more of the provisions hereof is or becomes illegal, invalid or unenforceable in any respect under the applicable laws of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions hereof, nor the legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction, shall in any way be affected or impaired.
These Terms are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China. The law of Hong Kong is inherited from the English common law system.
Future changes to Terms
Please note that we may change these Terms from time to time. We will post the most up-to-date version of these Terms on this page and keep an archive of prior versions of these Terms, which are available upon request. For major changes we will also post a prominent notice on the site to notify you of the changes. You agree that your continued use of the EditGrid service after we have changed the Terms shall constitute your acceptance of the new Terms.
If you have any enquiries about these Terms, or would like to have a copy of a prior version of these Terms, please contact us at firstname.lastname@example.org .
These Terms or any part thereof may be overridden by a separate Terms of Subscription duly entered between TnC and a subscription service user.