Website Terms of Use

Last Update: March 03, 2020

This website terms of use (“Website Terms of Use”) discloses the terms of use for http://scaledaccess.com and all its connected webpages, microsites and portals which we collectively refer to as website (“website”) owned by Scaled Access N.V. (“Scaled Access”, “we”, “us”, or “our”). The Website Terms of Use applies to all visitors (“visitors”, “individuals”, “users”, “user”, “you”, or “your”) of our website.

By accessing or using our website, you consent to our Website Terms of Use and agree to be bound to them. 

We reserve the right to make any changes to our Website Terms of Use and if we do we will change the date in the “Last Update” at the top of the Website Terms of Use. The most recent version of our Website Terms of Use will always be available on our website. 

The Website Terms of Use does not apply to your access to and use of the Scaled Access platform and other services (“Scaled Access and Other Services”) that we market on our website. The terms applicable for Scaled Access and Other Services are governed by our Terms of Service. 

The Website Terms of Use explains:

• website accessibility
• the availability of our website
• what you are allowed to do
• what you are not allowed to do
• how we collect and use personal data
• the intellectual property rights of our website
• the intellectual property rights of user content
• the legal rights affecting external links on our website
• the disclaimers and limitation on liability
• when we may deactivate or terminate an account

Website accessibility

To access and use our website, it is your responsibility to ensure that your device meets all the necessary technical specifications that are compatible with our website. We may restrict access to certain features, parts or content of website to certain users. For example, we may restrict access to certain content for only users that have a registered account with us. 

In order to get access to certain features, parts or content of our website you may need to register for an account (“Account”) and provide certain information about yourself. If you create an account with us on our website, you must ensure that your registration details are correct. You agree that all the Account information you provide is governed by our Privacy Policy. 

You must treat your Account details (such as username and password) confidential and you may not share it with anyone else. You are responsible for all activities that occurs under your Account and you agree to immediately notify us of any unauthorised use of your Account or any other security breach that you become aware of. Scaled Acccess cannot and will not be liable for any loss or damage arising from your failure to comply with the Website Terms of Use.

We reserve the right to disable your Account at any time if in our opinion you have failed to comply with any of the provisions of these Website Terms of Use or if any details you provide for registration purposes are proven to be false.

The availability of our website

We cannot guarantee the continuous, uninterrupted or error-free operability of our website. There may be times when certain features, parts or content of the website, or the entire website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the website, or any features, parts or content of the website.

What you are allowed to do

You may only use our website in accordance with these Website Terms of Use. You may retrieve and display content from our website on any device, print and copy individual pages and, subject to the next section (‘what you are not allowed to do’), store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the website and, where they apply, will be displayed before you access the relevant features, parts or content.

You must only use our website and anything available from our website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

What you are not allowed to do

Except to the extent expressly set out in these Website Terms of Use, you are not allowed to:

• store pages of our website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of our website.
• remove or change any content of our website or attempt to circumvent security or interfere with the proper working of our website or the servers on which it is hosted.
• you may not create misleading or deceptive links to our website from any other website, nor may you imply that we endorse you, your website, or any products or services you offer, nor may you link our website to a website that contains any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
• interfere or attempt to interfere in any manner with the functionality or proper working of our website.
• interfere with or disrupt the integrity or performance of our website or third-party data stored or processed with our website or attempt to gain unauthorised access to our website or their related systems or networks, including through denial of service, fuzzing or similar attacks.
• upload to our website or use our website to store or transmit any sort of malware, computer viruses, worms, or any software intended to damage or alter a computer system or data.
• upload to our website or use our website to store or transmit material in violation of any third-party privacy or data protection rights.
• use our website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
• harass or interfere with any other user’s use and enjoyment of our website.
• use software or automated agents or scripts to produce multiple Accounts on our website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) our website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from our website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

How we collect and use personal data

Our Privacy Policy explains how we collect and use personal data.

The intellectual property rights of our website

You acknowledge that all intellectual property rights of all content on our website including text, graphics, software, photographs and other images, videos, sound, copyrights, trademarks and logos are owned by Scaled Access or our licensors. See the next section regarding (“the intellectual property rights of user content”) the intellectual property rights of content provided by users.

Except as expressly set out here, nothing in these Website Terms of Use gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from our website. If you print off, copy or store pages from our website (only as permitted by these Website Terms of Use), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

The intellectual property rights of user content

User content (“User Content”) means any information and content that a user submits to, or uses with, our website (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not and will not violate the restrictions in the section (“what you are not allowed to do”). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Scaled Access. Scaled Access is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

You hereby grant (and represent and warrant that you have the right to grant) Scaled Access an irrevocable, non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with our website through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

The legal rights affecting external links on our website

Our website may include links to external websites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. Scaled Access is not responsible for the content of these websites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external websites does not imply any endorsement of or association with their operators or promoters.

Disclaimers and limitation on liability

We may change the format and content of the website from time to time. You agree that your use of the website is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that all information contained on our website (other than any User Content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

WE MAKE OR GIVE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, CORRECTNESS, RELIABILITY, INTEGRITY, QUALITY, FITNESS FOR PURPOSE OR ORIGINALITY OF ANY CONTENT OF OUR WEBSITE AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND ARE HEREBY EXCLUDED AND WE ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOU OR ANYONE ELSE USING OUR WEBSITE OR RELYING ON ANY OF ITS CONTENT.

We cannot and do not guarantee that any content of our website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

When we may deactivate or terminate an account

You agree that we may deactivate or terminate your Account if we believe that you have breached or acted inconsistently with these Website Terms of Use. You agree that any such deactivation or termination for the foregoing reasons may be effected without prior notice to you and that we will not be liable to you or any third party for any deactivation or termination of your Account.