Terms Of Use

Terms and Conditions

The following terms and conditions of use (“Terms And Conditions”) cover the use by you, the end user (“you”, “your” or “User”) of Developing Smart Cities’ (developingsmartcities.org) website (the “Site”). We maintain the Site for your information, education, and communication. Please feel free to browse the Site. By accessing and browsing the Site, you are entering into a legally binding agreement with Developing Smart Cities whereby you are accepting, without modification, to be bound by the Terms and Conditions detailed herein and our Privacy Policy. If you do not agree with or accept the Terms and Conditions, or any posted guidelines or rules, do not access, view, download or otherwise use any of the Site’s webpages. Developing Smart Cities may, at its sole discretion, modify or revise the Terms and Conditions at any time by updating this page. You are bound by any such revisions or modifications so please visit this Terms and Conditions page periodically to review the Terms and Conditions. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Developing Smart Cities without restriction.

Your access and use of the Site is also subject to all applicable laws.

I. Purpose

Developing Smart Cities’ mission is to promote socially inclusive, environmentally sustainable and commercially viable approaches to affordable housing and urban regeneration in the developing world. The Site allows people and companies who live, work or otherwise interact with the urban built environment in the developing world to contribute to the portal by creating a public profile to add enterprises and projects and share social and environmental features of their projects, companies and other activities. Developing Smart Cities also uses publicly available information for use in its databases and curated content. Developing Smart Cities makes relevant business services available through the Site to help you connect with enterprises, projects and professionals to learn about urban social and sustainability issues.

II. User Profiles

a. Registration with Developing Smart Cities

Registration with Developing Smart Cities and creation of a “Profile” are required for access to certain services such as the posting of comments, creating your own projects and enterprises profiles and use of bulletin boards. Your registration information will be handled in accordance with our Privacy Policy which you should review prior to creating a Profile. In order to be eligible to create a Profile you must meet the following criteria and represent and warrant that you: (i) are 18 years or older, (ii) will not violate any section of the Terms and Conditions, and (iii) will not violate any of Developing Smart Cities’ rights, including its intellectual property rights.

b. Password security

When you are creating a Profile, you will be asked to select a password. You are responsible for maintaining the confidentiality of your password information, and are fully responsible for all activities that occur under your Profile. You agree to notify us immediately of any unauthorized use of your password or Profile information.

c. Different types of Profiles

There are three kinds of Profiles- an “Individual Profile”, an “Enterprise Profile” and a “Project Profile”.

(i) Individual Profiles

An Individual Profile is an account created by an individual for his or her own personal, non-commercial use only. In creating an Individual Profile, we ask you to provide certain complete and accurate information about yourself to strengthen your credibility as a contributor to the Site. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Individual Profiles. Please read our Privacy Policy for more information.

(ii) Project Profiles

A Project Profile is an account used for the purposes of establishing a public profile of an existing built project. In creating or updating a Project Profile, you may either be an authorized representative of the project’s owner, or an existing Individual Profile user who wishes to add a project that is not currently listed on the Site. By adding a project, you represent and warrant that you are adding an existing project whose information is publicly available and that you are not violating any laws, regulations or rights of others in so adding such building.

(iii) Enterprise Profiles

An Enterprise Profile is an account used solely for the purposes of representing your business in connection with the Site. In creating or updating an Enterprise Profile, you must be an authorized representative of the relevant company, and you must provide complete and accurate information about yourself and the company you represent. You may not provide an email address that is not your own. If you are no longer an authorized representative of the company in question, you must notify us immediately providing us with complete and accurate information about the company’s new authorized representative.

d. Communications from Developing Smart Cities

By creating a Profile, you agree to receive certain communications from Developing Smart Cities and other Users in connection with the Site. You might receive connection requests from other Users. You will also receive email messages from us outlining services, features, offers and events that we think might be of interest to you. You can opt-out of non-essential communication from Developing Smart Cities at Email Settings. You may also opt-out of these communications at any time by following the instructions provided at the bottom of the communications.

III. User Obligations

By creating a Profile or otherwise using the Site, you are agreeing to be bound by certain User obligations as set forth below. We reserve the right to investigate and take appropriate action if we believe, in our sole discretion, there has been a violation of the Terms and Conditions, including these User obligations. We are however, under no obligation to enforce these Terms and Conditions on behalf of a User against another User.

You agree NOT to:

  1. Violate any term of the Terms and Conditions;
  2. Violate our content guidelines included herein, including without limitation, by writing, uploading, emailing, transmitting or otherwise initiating any content that is fake, false, libelous, abusive, obscene, inappropriate, inaccurate or defamatory, or writing a review that you were paid to write either directly or indirectly;
  3. Threaten, harm, harass or stalk others or promote discrimination;
  4. Modify, reproduce, distribute, adapt, duplicate, license, publish, broadcast, transmit, appropriate, use, create derivative works of, publicly display, sell, trade or otherwise violate any intellectual property right in the information found on the Site (excluding content posted by you) except as expressly authorized by Developing Smart Cities or as permitted in the Terms and Conditions;
  5. Reverse engineer, decipher, disassemble, decompile or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Site, or any part thereof;
  6. Use any spider, robot, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site;
  7. Utilize any information, content or data you view on and/or obtain from Developing Smart Cities to provide any service that is competitive with Developing Smart Cities, as determined in Developing Smart Cities’ sole discretion;
  8. Attempt to or actually override, interfere with, disable or damage any security feature included in the Site;
  9. Upload, post or otherwise transmit any content that contains software viruses, worms, defects or other computer code, files or programs that interrupt or otherwise destroy, limit or interfere with the running of the Site;
  10. Infringe or use Developing Smart Cities’ brand, logos or trademarks;
  11. Share information of non-Users without their express consent;
  12. Attempt to gain unauthorized access to the Site or User Profiles through hacking, password mining or any other means;
  13. Take any action that imposes, or may impose, as determined in Developing Smart Cities’ sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure, technology or otherwise make excessive traffic demands of the Site; or
  14. Violate any applicable law or regulation.

 

IV. Content

a. Your Content

Certain information provided in connection with the creation of your Profile shall be posted on the Site and will be publicly available to anyone, whether they have a Profile or not, who accesses the Site. You can control the information that is publicly available on the Site by changing your “Privacy Settings”. By creating a Profile you are acknowledging that you give your permission for the information displayed publicly on your profile to be posted publicly on the Site.

You alone are responsible for the content you publish on the Site. Once it has been posted, it cannot necessarily be withdrawn. You assume all risks associated with your content, including exposing yourself to liability by posting content that contains false, misleading or defamatory statements, violates third party proprietary rights such as copyright, trademark, trade secret or any other intellectual property right or otherwise contains material that is unlawful.

If you send any communications or materials to the Site by email or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. By submitting information to Developing Smart Cities, you grant us a nonexclusive, irrevocable, unlimited, worldwide, perpetual, assignable, sublicenseable, fully paid and royalty-free right to us to copy, improve, prepare derivative works of, publish, distribute, retain, remove, add, analyze, process, use and commercialize, in any way, any information you provide, directly or indirectly to Developing Smart Cities, including but not limited to, any user generated content, reviews, ideas, techniques, images, concepts, or data you submit to Developing Smart Cities, without any further consent, notice and/or compensation to you or to any third parties.

By submitting information to Developing Smart Cities, you represent and warrant that you are permitted to submit such information, the information is accurate, not confidential and not in violation of any contractual restrictions or rights of third parties. It if your responsibility to keep your Profile information updated and accurate.

b. Our Content

Developing Smart Cities uses information provided to us by enterprises and project owners and collates publicly available information about certain features of an enterprise or project including, but not limited to name, location, number of floors, year of construction, any awards or recognition and description of the company. As a project or enterprise owner, if you feel any information relating to your building is inaccurate or has been incorrectly stated, please contact admin@developingsmartcities.org.

c. Content Guidelines

Any submission, posting, comment or rating displayed on the Site, without limitation, shall be public and posted on public areas of the Site. Although we may from time to time monitor or review postings and comments posted on the Site, we are under no obligation to do so and assume no responsibility or liability arising from the contents of any such communication, nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication.

You are prohibited from posting or transmitting any unlawful, fake, false, abusive, inappropriate, inaccurate, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials and we may in our sole discretion remove any materials if it falls or might fall within the foregoing categories, or is otherwise inappropriate. We may terminate Users’ profiles for uploading such material in violation of these Terms and Conditions at any time, without prior notice and in our sole discretion.

d. Third Party Links

The Site contains links to other websites and resources on the Internet controlled by third parties. Such links are provided as a convenience to our Users and should not be interpreted as an endorsement of the owner or sponsor of the site or the content of the site. Developing Smart Cities is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. You should read and review any application privacy policies, terms and conditions of any such third party site.

e. Intellectual Property Rights and Ownership

The contents of the Site, such as text, graphics, images, audio, video and other material (“Material”) are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and are owned or controlled by Developing Smart Cities or by third parties who have licensed their Material to Developing Smart Cities. Unauthorized use of the Material may violate copyright, trademark, and other laws. Except as expressly authorized by Developing Smart Cities and the copyright owner, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. Notwithstanding the foregoing, you may copy or otherwise make use of any Material from the Site, only for personal or non-commercial purposes, provided that you retain all copyright and other proprietary notices contained in the original Material. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading the Material. The trademarks, logos and service marks (the “Marks”) displayed on the Site are owned by Developing Smart Cities or third parties. You are prohibited from using such Marks without the express, written permission of Developing Smart Cities or the relevant third party owner. If you would like information about obtaining Developing Smart Cities’ permission to use the Material on your website, please email admin@developingsmartcities.org. Decisions to grant or deny permissions are within the sole discretion of Developing Smart Cities. Developing Smart Cities and all related logos and marks, whether or not registered, are trademarks belonging to Developing Smart Cities. All rights reserved.

IV. Guidelines and Policies

You should read our Privacy Policy carefully before creating a User Profile with Developing Smart Cities. It governs how we treat information, including personally identifiable information you provide to us.

If you provide a credit card payment through this Site, you are agreeing to let Developing Smart Cities store your credit card information in accordance with our Privacy Policy.

V. Indemnity

You agree to defend, indemnify and hold harmless Developing Smart Cities, its members, agents, employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (1) your use of and access to the Developing Smart Cities Site; (2) your violation of any term of these Terms and Conditions; (3) your violation of any third party right, including without limitation any patent, trademark, copyright, property, or privacy right; (4) any claim that one of your submitted ideas, reviews, comments, posts or opinions caused damage to a third party; (5) any action you take on or through Developing Smart Cities; (6) any improper or illegal use of your password. This indemnification provision will survive these Terms and Conditions and your use of the Developing Smart Cities Site.

VI. Disclaimers

THE SITE IS PROVIDED TO YOU ON AN “AS IS” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. DEVELOPING SMART CITIES MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL OR INFORMATION CONTAINED ON THE SITE OR THEIR SUITABILITY FOR A PARTICULAR PURPOSE. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS AND TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE SPECIFICALLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY ERROR OR OMISSIONS IN THE CONTENT OF THE SITE.

DEVELOPING SMART CITIES MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY OR ACCURACY OR RELIABILITY OF THE INDIVIDUAL, ENTERPRISE OR PROJECT PROFILES, GROUP OR FORUM POSTINGS OR OTHER USER CONTRIBUTIONS. AS SUCH, DEVELOPING SMART CITIES IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM RELIANCE ON THE QUALITY, ACCURACY OR RELIABILITY OF THE INDIVIDUAL, ENTERPRISE OR PROJECT PROFILES, GROUP OR FORUM POSTINGS OR OTHER USER CONTRIBUTIONS. DEVELOPING SMART CITIES IS NOT LIABLE TO THIRD PARTY ENTERPRISE, BUILDING OR PROPERTY OWNERS WHOSE ENTERPRISES AND BUILDINGS ARE LISTED ON THE SITE AND WHOSE BUSINESS IS IN ANY MANNER AFFECTED BY THE DEVELOPING SMART CITIES FEATURES, PROFILES, REVIEWS OR COMMENTS.

DEVELOPING SMART CITIES MAKES NO CLAIMS OR PROMISES REGARDING THE CONDUCT OF THIRD PARTIES. AS SUCH, WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE AS A RESULT OF THIRD PARTY ACTION, INCLUDING, BUT NOT LIMITED TO, NEGATIVE USER REVIEW, NEGATIVE EXPERIENCES WITH ONE OF THE BUSINESSES LISTED ON THE SITE OR MISUSE OF YOUR CONTENT OR IDENTITY.

DEVELOPING SMART CITIES DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE USERS SUBSCRIBING TO OUR SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE BY USERS; THEREFORE, DEVELOPING SMART CITIES DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

VII. Limitation of Liability

Neither Developing Smart Cities nor any other party involved in creating, producing, or delivering the Site is liable for any damages, in any event including consequential, incidental or special damages arising out of your access to, or use of, or inability to use or access, the Site.

In no event shall we be liable for damage incurred as a result of materials or information infringing third parties’ rights, or for inaccurate, invalid or illegal materials or information.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

Your sole and exclusive right and remedy in case of dissatisfaction with the Site is your discontinuation and termination of access to and use of the Site. If you have a complaint about the Site, please contact admin@developingsmartcities.org.

Developing Smart Cities disclaims all liability for any of the following: (1) indirect, special, incidental, punitive, exemplary, reliance or consequential damages, (2) loss of profits, (3) loss or damage to business reputation, or (3) loss of information or data.

VIII. Termination

Developing Smart Cities and the User each enjoy mutual rights of termination. You may terminate your account for any or no reason, at any time with notice to Developing Smart Cities. To terminate your account, please complete the “Close Account” form which can be accessed here Delete Account. The termination will be effective upon Developing Smart Cities processing your notice. Similarly, Developing Smart Cities may terminate your account, for any and no reason, at any time, with or without notice. Please review our Privacy Policy for details on what personal information is retained following termination of your account.

Developing Smart Cities may also restrict, suspend or terminate the account of any User who violates the Terms and Conditions or abuses or misuses the Site. Misuse of the Site includes, but is not limited to, the following: (1) creating multiple or false User Profiles, (2) abusing the Site’s bulletin board, comments, ratings or review sections, (3) using the Site commercially without Developing Smart Cities’ authorization, (4) violating any intellectual property rights, or (4) any other behavior or activity that Developing Smart Cities, in its sole discretion deems contrary to the purpose and mission of the Site.

IX. Miscellaneous

a. Governing Law

New York law will govern the Terms and Conditions and any claim, cause of action or dispute that might arise between you and Developing Smart Cities, without regard to conflict of laws provisions.

b. Severability

If any provision of these Terms and Conditions shall be rendered invalid, or unenforceable the remainder of this Agreement shall be valid and enforced to the fullest extent permitted by law.

c. Entire Agreement

These Terms and Conditions contain the entire agreement between you and Developing Smart Cities regarding the use of the Site. The User and Developing Smart Cities each acknowledge that they are not relying on any representation made but not expressly provided in these Terms and Conditions.

d. Waiver

Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

e. Assignment

The Terms and Conditions are not assignable, transferrable or sublicensable by you except with Developing Smart Cities’ express written consent, but may be assigned or transferred by us without restriction.

X.  Copyright Policy

DEVELOPING SMART CITIES DMCA COPYRIGHT POLICY

Developing Smart Cities, Inc. (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

Procedure for Reporting Copyright Infringement:

If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Developing Smart Cities is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at admin@developingsmartcities.org or at:

Smart Cities Advisors

 PO Box 3360

New York, NY 10008

917-612-9669