Last Modified: 12/19/2018
These terms of use are entered into by and between You and IKE SMART CITY, LLC (the “Company,” “we,” or “us”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the IKE Kiosks and the features provided on the IKE Kiosks. Use of the IKE Kiosks and its features is at your own risk.
Please read the Terms of Use carefully before you engage the IKE Kiosks or any of its features. By using the IKE Kiosks or any of its features or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the IKE Kiosks or any of its features.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the IKE Kiosks or any of its features thereafter. Your continued use of the IKE Kiosks or any of its features following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the IKE Kiosks or any of its features so you are aware of any changes, as they are binding on you.
Furthermore, you acknowledge that certain features provided on the IKE Kiosks are operated or provided by, incorporate API(s) of, or otherwise require communication or coordination with third parties. We will disclose to you if a feature involves a third party at the time you select it. We do not exercise control over these third parties and you will be subject to their policies and terms of service/terms of use when you engage with a feature that involves a third party. For this reason, we recommend that you review such third parties’ policies and terms of service/terms of use prior to engaging with any feature provided by a third party. By way of example, the Wayfinding feature on the IKE Kiosks uses the Google Maps API(s), and you are bound by Google’s Terms of Service in your use of the Wayfinding feature.
You may use the IKE Kiosks and any of its features only for personal, non-commercial and lawful purposes only and in accordance with these Terms of Use. You agree not to use the IKE Kiosks or any of its features:
Company, in its sole discretion, will determine whether your conduct is in compliance with these Terms of Use. We have the right to monitor your use of the IKE Kiosks and any of its features and take any action we deem necessary or appropriate in our sole discretion if we believe your conduct violated this Terms of Use, including, without limition referral to law enforcement and the right to cooperate in any investigation, and the right to terminate or suspect your access to all or any part of the IKE Kiosk network.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the IKE Kiosks and any of its features.
All matters relating to the IKE Kiosks, its features and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.
YOUR USE OF THE IKE KIOSKS AND ANY OF ITS FEATURES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE IKE KIOSKS AND ANY OF ITS FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE IKE KIOSKS AND ANY OF ITS FEATURES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE IKE KIOSKS AND ANY OF ITS FEATURES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE IKE KIOSKS AND ANY OF ITS FEATURES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The information presented on or through the IKE Kiosks and its features is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the IKE Kiosks, or by anyone who may be informed of any of its contents.
All information we collect on this IKE Kiosks or through its features is subject to our Privacy Policy. By using the IKE Kiosks or any of its features, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the IKE Kiosks and its features and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the IKE Kiosks and its features.
These terms of use are entered into by and between You and IKE SMART CITY, LLC (the “Company,” “we,” or “us”). The following terms and conditions (the “Terms of Use”) govern your access to and use of the Photo Booth (the “Feature”) provided on the IKE Kiosks. Use of the Feature and the IKE Kiosks is at your own risk.
Please read the Terms of Use carefully before you engage the Feature. By using the Feature or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Feature.
You may use the Feature only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Feature:
Company, in its sole discretion, will determine whether your conduct is in compliance with these Terms of Use. We have the right to monitor your use of the Feature and take any action we deem necessary or appropriate in our sole discretion if we believe your conduct violated this Terms of Use, including, without limition referral to law enforcement and the right to cooperate in any investigation, and the right to terminate or suspect your access to all or any part of the Network.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Feature.
All matters relating to the Feature and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.