Please read the following Terms of Service carefully before using www.circuito.io or any of its subdomains (collectively, the “Site”) or taking part in any Contests (defined below), purchasing any Products (defined below), or using other features and services made available on the Site, so that you are aware of your legal rights and obligations with respect to Roboplan Technologies Ltd. ("Roboplan", "we", "our" or "us"). By accessing or using the Site, or taking part in any Contest, purchasing any Products, or using other features or services of the Site you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Service (“Terms”), as well as our Privacy Policy (defined below). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site, participate in any Contest or purchase Products.
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The Site is primarily intended to provide a service which assists makers to create microcontroller based projects (“Project”) by providing makers with schematics, a bill of materials, source code or other information or tools for their Project (such service, the “Service”, and such information and tools, the “Service Results”). However, the Site includes other features, products and services. Unless otherwise specified, references to the “Site” in these Terms include the Service.
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We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following the posting of the revised Terms on the Site, and your continued use of the Site or participation in any Contest thereafter means that you accept those changes.
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The Site and any Contests are only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site or participate in any Contests. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before visiting or using the Site or participating in a Contest to make sure that you and your parent or guardian understand these Terms and agree to them.
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For such time as these Terms are in effect between you and Roboplan, we hereby grant you permission to visit and use the Site solely for your personal use, provided that you comply with these Terms and applicable law.
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In order to use some of the services of the Site or participate in a Contest, you may have to create an account ("Account"). If you create an Account, you agree not to create an Account for anyone else or use the Account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and Roboplan, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may use the options which may be provided in the Account settings section of the Site or send us an email request at hello@circuito.io.
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Except as expressly provided herein, in the Service Results, or on the Site, you shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. You further agree that you will not use the Site to create or operate a Project which: (a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (b) creates a risk to a person’s or the public’s safety or health; (c) is a life support, medical, or safety device or application or other device or application the failure of which could result in personal injury; (d) violates any applicable law; or (e) gives rise to civil liability. For greater clarity, references to the “Site” in this Section include the schematics, code, and any other content or information provided to you as a result of your use of the Service (collectively, the “Service Results”). For more information on how you may use the Service Results, please see Section Use of the Service Results.
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The Site is intended to assist you to create Projects yourself. While we or the Site may offer information or options to obtain assistance or help with your Projects, we are not obligated to provide you support of any kind.
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Except as expressly set forth in the Terms, your general right to access and use the Site is currently free, but Roboplan may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in restricted access to some or all of the Site. Any fees for participating in a Contest shall be stated in the Contest Rules (defined below).
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If you are a U.S. resident we may offer you the ability to order certain components and other products (“Products”) on the Site for your convenience as part of using the services offered on Circuito.io (the ordering of Products on the Site “Ordering Service”). You acknowledge and agree, however, that Roboplan is not a manufacturer, distributor or retailer of the Products. When you place an order for Products on the Site, we place an order for such Products with a third-party supplier of the Products. The following terms apply to the purchase of products using the Site:
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Prices for Products are set forth on the order page prior to confirming your purchase ("Order Form"). Any prices quoted or displayed on the Site (including on the Order Form) are valid only at the time such prices are presented, and Roboplan reserves the right to the change such prices at any time.
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Prices displayed on the Site prior to placing an order through the Order Form may not include applicable taxes and other fees applicable to your order. While such taxes and fees may be set forth in the Order Form, payment of such taxes and fees is your responsibility. If you are required by law to deduct or withhold taxes from any amount due, you must notify us in writing. In such a case, we reserve the right to assess you the withheld fee or to increase the gross amount of the applicable payment so that, after the deduction or withholding for taxes, the net amount paid will not be less than the amount originally due.
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Placing an order constitutes an offer by you. By completing the ordering process, you agree to these Terms which shall constitute a binding agreement between you and Roboplan in respect of the sale and the purchased Products. We shall have no obligation to accept an order or to ship the Product ordered until the transaction is final and approved.
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We accept payments using third-party service providers, such as, but not limited to, FoxyCart and PayPal (“Payment Processors”). All payments are subject to the fees charged by, and the terms and conditions of, such Payment Processors and you agree to pay such fees and to be bound by such terms and conditions as may be applicable to you. Paypal’s terms and conditions are available at http://www.paypal.com. FoxyCart's terms and conditions are available at http://www.foxycart.com/terms-of-service. You acknowledge and agree that when visiting or using any shopping cart or payment page, or making a purchase on the Site, or through a webpage of such Payment Processor, such Payment Processors may receive, and may collect from you, personal information and use such information, as stated in their privacy policies. This information may include, but is not limited to your Billing Information, as described in our Privacy Policy. Paypal’s privacy policy is currently available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full. FoxyCart's privacy policy is available at http://www.foxycart.com/privacy-policy.
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We may offer you a method of shipping the Products ordered to your location, but you are solely responsible for shipping at your own expense and any loss of, or damage to, the Products during delivery. Title to the Products, however, may remain with the third-party supplier of the Products unti payment is received, until you have received the Products, or both. We shall make commercially reasonable efforts to adhere to dates quoted in the Order Form, but such dates shall not be binding, and we shall not be liable for any direct or indirect damage or loss that you may incur as a result of a delay. You agree that we may provide your information (such as, for example, your name, shipping address, and contact information) to the third-party supplier and/or the courier responsible for delivering the Products, in order to have the Product delivered to you.
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THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ROBOPLAN DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, LIMITED OR OTHERWISE, WITH RESPECT TO THE PRODUCTS, OR THE OPERATION OR FUNCTIONALITY OF THE PRODUCTS. ROBOPLAN EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ROBOPLAN DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. Applicable law may not allow the exclusion of certain warranties, so, to that extent, such exclusions may not apply.
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Without limiting the above and while we offer no warranty regarding the Products, we will offer you the benefit any returns, warranty services, or refunds that we may receive from the third-party supplier of the Products. Such third-party suppliers may require that the Product be unopened in its original packaging or conduct tests to verify the reported defect and whether a refund is required. If you return a Product, we may charge you the cost and expenses (including any shipping or delivery costs, and fees charged by the third-party manufacturer or supplier of the Products), and a reasonable handling fee for processing any return. We reserve the right to, in our sole discretion, refuse to handle any request for a return or process any return.
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In order to return a Product to Roboplan you must contact us in advance to obtain a return material authorization and information about how the Product can be returned. You must comply with Roboplan’s instructions in connection with any return and provide all information regarding the return requested by Roboplan. Such information may include, without limitation, the following information: (i) model and serial number for each unit of the products to be returned; (ii) applicable order and/or invoice number and date; (iii) the reason for returning the product and a detailed description of the problem; and (iv) your contact information. You will be responsible for shipping, at your own expense, the Products you wish to return. Unless directed otherwise by Roboplan, all returns must be sent to Roboplan within ten (10) days of receipt of such Product.
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Once we have ordered a Product from the applicable third-party supplier we may not allow cancellation of your order. To the extent the third-party supplier of the Products allows us to cancel the order, we will allow you to cancel the order placed on the Site as well.
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THE PRODUCTS ARE NOT AUTHORIZED FOR USE IN CERTAIN APPLICATIONS AND FOR CERTAIN PURPOSES INCLUDING, BUT NOT LIMITED TO, LIFE SAFETY, LIFE SUPPORT, LIFE SUSTAINING, SURGICAL, HUMAN IMPLANT, NUCLEAR, AIRCRAFT MILITARY, OR SECURITY APPLICATIONS OR PURPOSES OR FOR ANY USE OR APPLICATION IN WHICH THE FAILURE OF A THE PRODUCT, OR A PORTION OF THE PRODUCT COULD LEAD TO OR CAUSE A LIKELIHOOD OF PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH.
THE PRODUCTS MAY ALSO BE SUBJECT TO EXPORT CONTROL LAWS, RESTRICTIONS, REGULATIONS AND ORDERS OF THE UNITED STATES OR APPLICABLE FOREIGN AGENCIES OR AUTHORITIES (“EXPORT CONTROL LAWS”). YOU AGREE TO COMPLY WITH ANY APPLICABLE EXPORT CONTROL LAWS AND NOT TO , DIRECTLY OR INDIRECTLY, SELL, EXPORT, TRANSFER, TRANSSHIP, ASSIGN, USE, OR DISPOSE OF PRODUCTS IN A MANNER WHICH MAY RESULT IN ANY NON-COMPLIANCE WITH APPLICABLE EXPORT CONTROL LAWS. TO THE EXTENT SUCH EXPORT CONTROL LAWS APPLY, AND TO THE EXTENT THE RESALE, TRANSFER OR EXPORT OF A PRODUCT IS PERMISSIBLE UNDER SUCH EXPORT CONTROL LAWS, YOU ARE RESPONSIBLE FOR OBTAINING ANY LICENSE OR OTHER AUTHORIZATIONS THAT MAY BE REQUIRED BY ANY EXPORT CONTROL LAW.
YOU AGREE TO BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGES OR LOSSES CAUSED BY YOUR USE OF THE PRODUCT FOR ANY SUCH APPLICATIONS OR PURPOSES DESCRIBED ABOVE AND FOR ANY FAILURE TO COMPLY WITH ANY EXPORT CONTROL LAWS. YOU AGREE TO INDEMNIFY AND DEFEND ROBOPLAN, ANY THIRD-PARTY SUPPLIER, AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF THE PRODUCTS IN APPLICATIONS OR FOR PURPOSES AS STATED ABOVE OR ANY EXPORT OF THE PRODUCTS OUTSIDE OF THE UNITED STATES OR FAILURE TO COMPLY WITH EXPORT CONTROL LAWS OR ANY OTHER APPLICABLE LAW.
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The (i) content on the Site and the Service Results and any content displayed in connection with a Contest, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), (ii) and User Submissions, as defined below (together with the Materials, the "Content") and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Roboplan and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Circuito”, “circuito.io”, the Circuito logo, “Roboplan” and the Roboplan logo, and other marks are Marks of Roboplan or its affiliates or licensors. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
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The Content is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent, except as otherwise provided in these Terms, any Contest Rules, or in the terms or conditions or notice provided in respect of specific Content (for example, Third Party Terms – defined below). If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein or abide by any terms and conditions provided with such Content.
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THE SERVICE RESULTS ARE PROVIDED FOR YOUR INFORMATION AND INTERNAL USE ONLY, MAY NOT BE USED FOR PRODUCTION OR MANUFACTURING PURPOSES AND ARE SUBJECT TO THE RESTRICTIONS, AS MAY BE APPLICABLE, LISTED IN SECTION RESTRICTIONS ABOVE. Notwithstanding the foregoing, some portions of the Service Results are licensed under open source or third-party licenses, as stated in Section Third Party Content below, including Roboplan's own Content which Roboplan may license under open source or other separate license terms. The Service Results may also enable you to incorporate or use third party services in or with your Project or allow your Project to access or use third party services. You may use such services, portions or components as specified in the relevant Third Party Terms (defined below) or other terms which may be provided, as may be applicable to such services, portions or components. You represent and warrant that you have the requisite skill and knowledge to properly read and follow instructions contained in the Service Results and to complete your Project.
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The Site and the Content may consist of, or contain, third party, including open source or creative commons, content ("Third Party Content"), including software and images, that may be subject to third party terms and conditions ("Third Party Terms"). Our efforts to comply with such Third Party Terms include providing attribution, a link to such Third Party Terms, and other notices, as applicable, with such Third Party Content. You may use such Third Party Content only in compliance with such Third Party Terms. Roboplan will comply with any request you submit to exercise your rights under such Third Party Terms, as such rights are applicable to Roboplan. To the extent of any conflict between any Third Party Terms and the terms or conditions of this Agreement, the Third Party Terms shall prevail in connection with the corresponding Third Party Content (but only to the extent of the conflict). Notwithstanding anything in these Terms to the contrary, Roboplan does not make any representation, warranty, guarantee, condition, and does not undertake any defense or indemnification, with respect to any Third Party Content.
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The Site may permit, and entering a Contest may entail, the submission, hosting, sharing and publishing of, content, materials and information by you and other users ("User Submissions"), including without limitation, your choice of parts and Project description or other Project information ("Project Materials"). You understand and agree that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of submitting, posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions, and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
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You represent and warrant that you own or have the necessary rights and permissions to use and authorize Roboplan to use all Intellectual Property Rights (defined below) in and to your User Submissions as set forth in Section License to User Submissions below. Except as provided in these Terms (including our collection and use of User Submissions and data according to our Privacy Policy), the Intellectual Property rights in and to your User Submission are and shall remain your (or your licensors’) exclusive property. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
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By submitting User Submissions to Roboplan, you hereby grant Roboplan a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license, under any and all Intellectual Property Rights in the User Submission, to use, make, have made, and otherwise reproduce, sell, and have sold, import and export, distribute, modify, prepare derivative works of, display, perform, and fully exploit, the User Submissions in connection with the Site, Roboplan's business or for any other purpose, including without limitation for publishing and redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels, to improve the Site and our services and for anonymous statistical information, and you hereby waive any moral rights in your User Submissions to the extent permitted by law.
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By submitting Project Materials to Roboplan, you hereby grant Roboplan a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license, under any and all Intellectual Property Rights in the Project Materials, to use, make, have made, and otherwise reproduce, sell and have sold, distribute, modify, prepare derivative works of, display, perform, and fully exploit the Project Materials in order to provide you and our users with the Service Results, improve the Site and our products services, to collect and use anonymous statistical information (as specified in our Privacy Policy – see Section Privacy, and otherwise in connection with the Site and our business or for any other purpose.
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While the Site may enable you to view past projects and Service Results or may host or display User Submissions which you or other users have posted to the Site, you acknowledge that the Site does not operate as an archive or file storage service and we may not store User Submissions or Service Results or make available your previous User Submissions or the Service Results.
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You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
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You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Roboplan is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Roboplan with respect to (i) and (ii) herein.
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You agree not to, and will not, use the communications systems which may be provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
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The Site may enable you to connect to your Project, and to send commands, receive information from, and monitor your Project, through the Internet ("IoT Service"). If you request to use this service, as part of the Service Results, we may send you a copy of code which may be installed on your Project to enable the Project to connect to the Internet through the IoT Service ("Code"). The IoT Service makes use of third-party services such as Dweet.io (“Dweet”) and Freedboard.io (“Freeboard”). We will open feeds on Dweet and Freeboard for the transmission of information from your Project through our proxy server. While you may edit the code we provide, changes to the code may impair the functioning of the IoT Service.
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You agree that we may use the information you send through our IoT Service in accordance with our Privacy Policy, as may be updated from time to time, and you further grant us a license to use such information to provide the IoT Service. You acknowledge that unless you separately purchase private plans on Dweet and Freeboard and transfer the feeds to such plans, information sent from your Project may be publicly viewable and may be edited on these websites. Even after transfer the feeds to private plans, information previously made available on these services may remain publicly viewable.
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You are solely responsible for the security of your Project, the use of your Project, and information sent by your Project. While we use third-party providers for servers we use that commit to taking commercially reasonable security measures to provide the IoT Service, neither we or our third-party providers is obligated to monitor, review or block information sent by or from your Project. You acknowledge that Dweet and Freeboard, however, are not contractually or otherwise obligated to us and we have no control over your information once it is transmitted to Dweet and Freeboard. Please do not use the IoT Service if you do not wish for information sent from your Project to be transferred to Dweet or Freeboard.
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You agree to abide by all applicable laws with respect to the use of your Project and the IoT Service. For clarity, the IoT Service is part of the Service and is subject to all other terms and conditions (including all restrictions) set forth in these Terms. Without limitation to the foregoing, You agree not to use the IoT Service to transmit (a) information which can be used to identify a person without such person's explicit consent to such transmission and how such information will be used and made available; (b) information about a person's health (past, present or future) or which is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse, and which identifies or can used to identify a person; (c) sensitive personal information about any person, such as information about a person's racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life; (d) information about children under the age of 13; (e) a person or entity's bank account, credit card or other financial information; or (f) other information which may be subject to heightened restrictions or obligations according to applicable law.
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If you provide us or our affiliates with any feedback, ideas or suggestions regarding the Site, Service Results or any Contest (collectively, "Feedback"), you hereby grant Roboplan a worldwide, non-exclusive, sublicensable, transferable, perpetual, irrevocable, royalty-free, and fully paid license to use, edit, sell, distribute, create derivative works of, and otherwise fully exploit such Feedback, for any use and purpose whatsoever. For the avoidance of doubt, such Feedback will not be deemed a User Submission.
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We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site or the Service Results is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content or the Service, or any part thereof, in our sole discretion, without the requirement to give any notice prior to or after making such changes. Your use of the Content or the Service, or any part thereof, is made solely at your own risk and responsibility.
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The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Roboplan. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Roboplan from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
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Roboplan permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Roboplan or present any false information about Roboplan and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website ("Third Party Website") which prohibits linking to third parties; (v) such Third party Website does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law.
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We may offer you the opportunity to participate in certain contests or competitions, whether offered on or off the Site (each such contest or competition, a "Contest"). Any information, material or content you submit in connection with a Contest shall be deemed a User Submission as stated in Section User Submissions of these Terms and you hereby grant Roboplan a license to such User Submission as stated in Section License to User Submissions above. The rules of the applicable Contest ("Contest Rules") will be posted on the Site or otherwise as part of the notice or offer to participate in the Contest. Notwithstanding any Contest Rules, you acknowledge and agree that (a) the selection of winners and awarding of any prizes in any Contest is in all cases in Roboplan's sole discretion; and (b) Roboplan may set aside or ignore any Contest entry or submission, or prohibit any person or entity from participating in a Contest, in its sole discretion. ROBOPLAN HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE) WITH RESPECT TO ANY CONTEST, HOW WINNERS ARE SELECTED AND HOW PRIZES ARE DISTRIBUTED, YOUR PERFORMANCE IN ANY CONTEST, AND ANY PRIZE THAT YOU MAY RECEIVE AS A RESULT OF YOUR PARTICIPATION IN A CONTEST.
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We will use any personal information that we may collect or obtain in connection with the Site or Contests in accordance with our privacy policy which is available at www.circuito.io/privacy (“Privacy Policy”).
You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. -
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It is our policy to respect the legitimate rights of copyright and other intellectual property owners, and we will respond to clear notices of alleged copyright infringement. We have designated an agent (specified below) to receive notifications of claimed copyright infringement on the Site. Please be advised that we may terminate or suspend the Accounts of users who post or submit infringing material.
If you believe that your work has been copied in a way that constitutes copyright infringement, please send a notice to our designated agent with the following information:
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an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
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a description of the copyrighted work that you claim has been infringed;
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a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on our Site (providing a URL in the body of an email is the best way to help us locate content quickly);
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your address, telephone number, and email address;
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a 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; and
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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.
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If you believe that the material you posted was removed by mistake, and that you have the right to post the material, you may elect to send us a counter notice. To be effective under U.S. law, the counter-notification must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
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your physical or electronic signature;
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identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing a URL in the body of an email is the best way to help us locate content quickly);
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a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
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your name, address, and telephone number, and if you reside in the United States or are a U.S. citizen, a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Roboplan may be found, and that you will accept service of process from the person who initially provided the notification of infringement or an agent of such person.
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All notices under this Section should be sent to our designated agent as follows:
> Eyal Mehoudar > Roboplan Technologies Ltd. > Nitzana 11b, Tel Aviv > Email: copyright@circuito.ioPlease note that under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
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This Section applies whether or not the services provided under the Site, including the Services, are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
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THE SITE, THE SERVICE RESULTS, ANY CONTESTS AND ANY OTHER SERVICES, FEATURES, PRODUCTS, ARE PROVIDED, AND ANY CONTESTS OFFERED ON, ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ROBOPLAN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
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ROBOPLAN DOES NOT GUARANTEE THAT THE SITE OR SERVICE RESULTS WILL BE FREE OF, OR NOT SUSCEPTIBLE TO, BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ROBOPLAN WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE OR IN THE SERVICE RESULTS BY A THIRD PARTY.
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THE SERVICE PROVIDED BY THE SITE, THE SERVICE RESULTS, AND ANY INFORMATION OR ASSISTANCE YOU MAY RECEIVE FROM ROBOPLAN, OUR AFFILIATES OR LICENSORS, IS NOT MEANT TO REPLACE THE ADVICE AND EXPERTISE OF EXPERTS OR PROFESSIONALS. YOUR RELIANCE ON, OR USE OF, THE SITE OR THE SERVICE RESULTS IS AT YOUR SOLE RISK. ROBOPLAN DOES NOT WARRANT THAT YOUR PROJECTS, INCLUDING WHEN CREATED PURSUANT TO THE SERVICE RESULTS, WILL BE SAFE, WHETHER FOR PERSONAL USE OR PRODUCTION OR COMMERCIAL USE, WILL NOT VIOLATE ANY THIRD PARTY RIGHTS, OR WILL OPERATE AS YOU INTENDED OR PROVIDE THE INTENDED OR DESIRED RESULTS, OR AS MAY BE INDICATED BY ROBOPLAN, THE SITE, THE SERVICE RESULTS, OR OUR AFFILIATES OR LICENSORS. YOU HEREBY WAIVE, AGREE NOT TO ASSERT AGAINST, AND RELEASE ROBOPLAN, ITS LICENSORS AND AFFILIATES FROM, ANY CLAIMS IN CONNECTION WITH THE FOREGOING.
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EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ROBOPLAN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
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NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW:
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ROBOPLAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE OR THE RESULTS OBTAINED FROM THE SERVICE, YOUR PARTICIPATION IN A CONTEST, ANY PRODUCTS, OR OTHER SERVICES OFFERED ON THE SITE, EVEN IF ROBOPLAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
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IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ROBOPLAN FOR ANY DAMAGES ARISING UNDER THESE TERMS OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE OR SERVICE RESULTS, YOUR PARTICIPATION IN A CONTEST, ANY PRODUCTS, OR ANY SERVICES OFFERED ON THE SITE, EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ROBOPLAN FOR USING THE SITE OR PARTICIPATING IN THE CONTEST (AS APPLICABLE), DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
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THE EXCLUSIONS AND LIMITATIONS LISTED ABOVE SHALL APPLY (a) EVEN IF ANY REMEDY IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE; and (b) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY (INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY). THIS SECTION 20 CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
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You agree to defend, indemnify and hold harmless Roboplan and our affiliates and licensors, and our and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user; (iv) your participation in any Contest; or (v) your violation of these Terms.
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These Terms are effective between you and Roboplan until terminated by Roboplan or you. Roboplan, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, or your participation in a Contest, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Roboplan shall not be liable to you or any third party for termination of the Site (or your use thereof or access thereto), or any part thereof or any Contest or your participation therein. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site or refrain from participating in any Contest. Upon termination of these Terms, you shall cease all use of the Site. This Section 22 and Sections Warranty Disclaimer, Unauthorized Uses and Your Liability, Intellectual Property Rights, User Submissions, IoT Service – Information, Contests, Privacy, Warranty Disclaimers, Limitation of Liability, Indemnity, and Independent Contractors through and including General, and any provision so intended, shall survive termination of these Terms.
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You and Roboplan are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Roboplan. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Roboplan.
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These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Roboplan without restriction or notification to you.
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Roboplan reserves the right to discontinue or modify any aspect of the Site or any Contest at any time. These Terms and the relationship between you and Roboplan shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, and waive any jurisdictional, venue, or inconvenient forum objections to such courts, however, Roboplan may seek injunctive relief in any court of competent jurisdiction worldwide. These Terms shall constitute the entire agreement between you and Roboplan concerning the Site and any Contest. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE OR A CONTEST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.