The LivingOS Terms of Use

Effective: 2nd January 2019

This is The LivingOS Web Site and application program which are owned and operated by The LivingOS Co. Ltd. ("LivingOS").

In order to use this Web Site (the "Site") and application program (the "Program"), you must first agree to the following terms and conditions (the "Terms and Conditions"). Please review the Terms and Conditions carefully;

BY ACCESSING AND USING ANY PORTION OF THE PROGRAM YOU WILL BE SIGNIFYING YOUR AGREEMENT TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS.

LivingOS may from time to time in the future change or modify the Terms and Conditions and will notify you of any changes to these Terms and Conditions. If you continue to use the Program after any changes or modifications of the Terms and Conditions are posted on this Site, you will be considered to have accepted, and to have agreed to be legally bound by, such changes and/or modifications.

LIMITED WARRANTY

LivingOS does not warrant that operation of the program will be uninterrupted or error free or that it will meet the needs of users or that the program will be free from viruses or other harmful components. No warranty or assurance, express, implied, or statutory, is given by LivingOS with respect to the program or any other matter, including, without limitation (and LivingOS specifically disclaims to the fullest extent permitted by law) all warranties of merchantability or fitness for a particular purpose.

OWNERSHIP OF PROGRAM

LivingOS will retain all rights, title and interest in and to the Site and the Program worldwide including, without limitation, ownership of all copyrights, trademarks, patents, look and feel, trade secret rights and any other intellectual property rights recognized under any applicable law.

LivingOS reserves the right to make such modifications to the Program, at its sole discretion, from time to time as it deems advisable and appropriate to enhance the functionalities or appearance of the Program or for any other reason.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless LivingOS and its employees, contractors, officers, agents and managers from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of the Program.

LivingOS reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are obligated to indemnify LivingOS. If LivingOS chooses to assume the defense of any matter that is subject to indemnification by you, you will cooperate with LivingOS, at its expense, in any respect reasonably requested by LivingOS.

USE OF PROGRAM

(A) Except as expressly permitted by LivingOS, the Program may not be exploited for any commercial purpose, and, except as permitted by LivingOS, may not be reproduced, distributed, republished, displayed or transmitted. If LivingOS believes, in its discretion, that your use of the Program violates any applicable law or any of these Terms and Conditions, you may be denied access to the Program.

(B) You represent to LivingOS that you are of sufficient legal age to legally assume and be bound by any liability you may incur as a result of your use of the Program (including, without limitation, any liability arising from of these Terms and Conditions).

PROHIBITED CONTENT

(A) You agree that you will not upload, post, or otherwise distribute or publish through the Program any text, communications, data, or other information ("Content")

  • that is unlawful, threatening, abusive, degrading, libelous, defamatory, harassing, tortious, racially, ethnically or otherwise objectionable,
  • that is sexually explicit or indecent (including, without limitation, graphic or indecent sexual language of a threatening or harassing nature directed at any individual or group);
  • that constitutes or encourages conduct that would give rise to civil liability or violate law;
  • that violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity or any other proprietary right;
  • that contains a virus or other harmful component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or that is designed to obtain unauthorized access to any information;
  • for which you do not have all necessary rights and licenses to transmit under any law or under any contractual or fiduciary relationship; or
  • that constitutes or contains false or misleading indications of origin or statements of fact. You also agree that you will not harvest or collect information about any users of the Program or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or other communications.
  • (B) LivingOS generally does not, and will not be obligated in any way to, pre-screen, monitor or edit any Content posted by users of the Program. However, LivingOS reserves the right to remove any Content that, at its sole discretion, does not comply with these Terms and Conditions or is otherwise harmful, objectionable, or inaccurate. However, LivingOS will in no event be liable for any failure or delay in removing any such Content.

    DISCLAIMER OF RESPONSIBILITY FOR ACCURACY AND SECURITY OF INFORMATION

    The services provided, made available, or accessed by or through the Program, including all content, functions and information, is provided "as is." information accessed through the Program may contain inaccuracies or typographical errors and may be changed or updated without notice.

    To the fullest extent permitted by law, LivingOS disclaims all representations and warranties of any kind whatsoever for the content of any materials, information and functions made accessible by, or accessed through, the Program (and for products or services or hypertext links to third parties, if any)or for any breach of security associated with the transmission of sensitive information through the Program unless such breach arises directly from a knowing and intentional violation by LivingOS of the terms of its privacy policy.

    It is solely your responsibility to evaluate the accuracy, completeness, reliability, security and validity of all information presented on, or accessed through, the Program. LivingOS disclaims any liability for any information presented on or accessed through the Program including, but not limited to, any errors or omissions in any such information, or for any loss or damage of any kind incurred as a result of the use of, or reliance on, any information posted, emailed or otherwise transmitted via the Program.

    It is your responsibility to take such precautions as may be necessary to ensure that whatever you select through the Program for your usage will be free of things such as viruses, worms and other items of a destructive nature.

    DISCLAIMER OF RESPONSIBILITY FOR CERTAIN LOSSES AND DAMAGES

    (A) in no event (including, but not limited to, negligence) will LivingOS be liable to you, whether in contract or in tort or under any other legal theory (including, without limitation, strict liability and negligence) for lost profits or revenues, loss or interruption of use, lost or damaged data, reports, documentation or security, unauthorized access to or alteration of transmissions of data, or similar economic loss, or for any indirect, special, incidental, consequential or similar damages, arising out of or in connection with the site or in connection with any of the data or other materials transmitted through the program, or for any claim made against you by any other party, even if LivingOS has been advised of the possibility of such claim.

    (b) any uploading or downloading of material by you from the Site or software is done solely at your risk and at your discretion and LivingOS will have no responsibility or liability for any damage to a computer system, or loss of data, that results from any such downloading.

    PRIVACY POLICY

    LivingOS’ Privacy Policy, available online at www.thelivingos.com/communication/data_privacy_en.html, is hereby incorporated by reference.

    SEVERABILITY

    If any provision contained in these Terms and Conditions is held by a court to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions of these Terms and Conditions will not be affected thereby.

    CHOICE OF LAW AND FORUM

    These Terms and Conditions will be governed by, and construed under, the laws of Thailand, without regard to its principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim, suit or action arising out of or relating to these Terms and Conditions or your use of the Program will be filed only in the courts having jurisdiction over the claim in Thailand.

    QUESTIONS

    If you have any questions regarding these Terms and Conditions or the Program, you may reach LivingOS at 6 Ramintra 74/3 Alley, Ramintra Rd. Kannayao, Bangkok 10230 (or by calling (+66) 02-9179981-2 and asking for Customer Support) or email us through support@thelivingos.com.

    For more information or emergencies about Data Protection or Personal Data Compliance, please contact DPO@thelivingos.com