Espruino
Forum Terms of Use
Welcome to our forum!
The forum https://forum.espruino.com (the "forum") is operated by the person, company or organisation detailed in the forum administrator section of the forum ("we" or "us").
If you need to contact us, please use our contact details set out at the end of this document.
Your relationship with us
This document and any documents referred to within it (collectively, the "Terms of Use") set out the terms that govern your use of the forum. It is important that you read and understand the Terms of Use before using the forum. If there is anything within them that you do not understand, then please contact us to discuss what this means for you.
By setting up an account to use the forum or using and accessing the forum, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not browse or otherwise access or use the forum.
Information about you
Your privacy is important to us. You should read the forum privacy policy https://forum.espruino.com/legal/privacy to understand how we collect, use and share information about you.
Setting up an account
You can view some areas of the forum without creating an account. However, to leave comments or access certain restricted areas of the forum you must register with us and set up an account with an ID (which may include an email address) and password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our forum.
You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns that your account may have been misused, you should contact us at gw@pur3.co.uk straight away to let us know.
Your right to use the forum
We give you permission to use the forum provided your use complies with these Terms of Use.
Your right to use the forum is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your account to another person. You may imprint, copy, download or temporarily store extracts from the forum onto your computer or other device for the purpose of using the forum. Your right to use the forum does not stop us from giving other people the right to use the forum.
In legal terms the paragraphs above mean that we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the forum. This licence is for the sole purpose of enabling you to use and enjoy the benefits of the forum in a manner permitted by these Terms of Use.
Our content
The forum comprises content including pages, screens, information and other material and we have permission from the owner of the content to use it or it belongs to us. In legal terms, this means that we are the owner or the licensee of all intellectual property that comprises the forum and the collective work that comprises the data in the forum.
We do not claim ownership of any User Content you add to the forum (unless the content is owned by us) but you do give us permission to use the User Content you add to the forum in accordance with the section titled "Your content".
Your content
You confirm that images, sounds, text or information that you submit or create ("User Content") whilst using the forum will meet the Rules of Acceptable Use.
You give us unlimited permission to use your User Content and allow others to do the same for no fee. In legal terms this means that you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and sell the User Content anywhere and in any form.
Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in the forum privacy policy https://forum.espruino.com/legal/privacy.
We do not check or moderate any User Content before it is added to the forum by users. We may later check, moderate, reject, refuse or delete any User Content if anybody "reports" it to us and we believe that it breaks any of the Rules of Acceptable Use.
Rules of Acceptable Use
In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of the forum (the "Rules of Acceptable Use").
When using the forum you must not:
- circumvent, disable or otherwise interfere with any security related features of the forum or features that prevent or restrict use or copying of the content accessible via the forum;
- give any false information in your account details;
- take another person's identity without that person's permission or misrepresent you are acting on behalf of a person, entity or organisation;
- use the forum if we have suspended or banned you from using it;
- send junk, spam or repetitive messages;
- engage in any illegal or unlawful conduct;
- modify, interfere, intercept, disrupt or hack the forum;
- misuse the forum by knowingly introducing viruses, Trojans, worms, logic bombs or other similar material or by undertaking any other action which would harm the forum, any forum user's equipment or have a detrimental impact on any forum user's experience of using the forum;
- collect any data from the forum other than in accordance with these Terms of Use;
- submit or contribute any content that is abusive, threatening, obscene, untrue, shocking or offensive;
- abuse, harm or bully another forum user, member of our staff or person;
- submit or contribute any User Content without the permission of the content owner or otherwise infringe the copyright, trademark or other rights of third parties; or
- submit or contribute any information or commentary about another person which is untrue, private, confidential or defamatory (including personally accusing another person of unproven criminality or serious wrongdoing which could damage their reputation in the eyes of anyone reading your comment).
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice):
- immediate, temporary or permanent withdrawal of your right to use the forum;
- immediate, temporary or permanent removal of any User Content;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited and we may take any other action we reasonably deem appropriate.
Notice and takedown policy
If you believe that content available through the forum:
- infringes your rights or any rights of a third party you represent; or
- otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the reporting tool that appears next to each comment within the forum.
When reporting content please provide the information described below in your notice to us:
your name and contact details; and
a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
Advertisements on the forum
We and our selected business partners may provide advertising to you through the forum or by other methods such as email. This advertising may be based on your User Content or other information available through the forum. When delivering advertising we will only use information that identifies you as set out in the forum privacy policy https://forum.espruino.com/legal/privacy.
Hyperlinks
We may amend, re-format, modify or replace any website link you add to the forum. We may do this to improve the appearance of the link and/or to ensure the link used is that of one of our partners or affiliates. We may also direct users to an interstitial or warning page when we suspect the link is to content that may harm users or their devices such as links to malware or a shock site. We may also change how the link is displayed so that information from the link destination (such as content and media from the linked webpage) is displayed within the forum. For example, we may embed video or other media from a linked webpage into the forum.
Verification Service
We may provide a verification service to verify the identity of a forum user in accordance with our verification policy http://meta.microcosm.app. You may use our verification service to verify your identity to other users of the forum.
A forum user verification is not: (i) an endorsement by us of the forum user or the forum user's statements and representations; (ii) any guarantee or promise in relation to fitness, quality or description of any goods or services the forum user sells or promotes; or (iii) a representation by us that the forum user is trustworthy, reliable or honest.
Fees
The forum is free but some features, services or goods we sell through the forum may require you to make a payment in order for you to receive or use them. You will be provided with information about any fees associated with the features, services or goods we provide before you purchase them and will be asked to approve any payment before it is taken from you.
Where you follow a link to other sites or resources and make a purchase from that site or resource the purchase is solely between you and the seller. Complaints, questions and claims related to the sale of the product or service should be directed to the seller.
We are not the seller of any product or service you purchase from third parties, we have no control and do not give any commitment relating to the existence, quality, genuineness of the product or service, the truth or accuracy of the picture or description of the product or service or any other content made available by the third party.
You will be responsible for any fees that you incur by connecting to the forum such as Internet access costs or mobile phone data charges. If you are unsure whether you will incur such fees, we suggest that you log off the Internet and speak with your Internet service provider or mobile network operator.
Ending our relationship
If at any time you do not feel that you can agree to these Terms of Use or any changes made to the Terms of Use or the forum, you must immediately stop using the forum.
If you wish to end your use of the forum, please follow these instructions for deactivating your account http://meta.microcosm.app.
We may immediately end your use of the forum if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the forum including these Terms of Use.
We may end your use of the forum if your account has been inactive for 6 months.
We may also withdraw the forum as long as we give you reasonable notice that we plan to do so.
If you or we end your use of the forum or we withdraw the forum as described in this section, we may delete or modify your User Content, account or any other information we hold about you. You will also lose any rights you have to use the forum or access our content or your User Content. We will not offer you compensation for any losses.
User Content Disclaimer
Our forum makes available your User Content and User Content provided by other users of the forum. We do not produce such content and cannot be responsible for it in anyway.
Our liability/responsibility to you
This section sets out our entire responsibility to you under these Terms of Use.
Unfortunately, due to the nature of the Internet and technology, the forum is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the forum will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the forum in these Terms of Use and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
To the extent permitted by the law our total responsibility for any claims under these Terms of Use or related to the use of the forum is limited to the amount you have paid us to provide the forum to you. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
You acknowledge that the forum is hosted by our service provider Microcosm. You agree that this agreement is between you and us and you will not hold Microcosm responsible in any way for the features, services or goods you purchase from us. You will also not hold Microcosm responsible for any products or services you purchase from any other third party through the forum.
Resolving disputes
If you have a dispute with us relating to the forum, in the first instance please contact us at gw@pur3.co.uk and attempt to resolve the dispute with us informally.
In the unlikely event that we are not able to resolve the dispute informally, we will discuss and agree with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of our dispute.
Changes to the forum
We are constantly updating and improving the forum to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our forum. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the forum or feature relating to the forum ("changes to the forum"). These changes to the forum may affect your past activities on the forum, features that you use and your User Content. Any changes to the forum could involve your User Content being deleted or reset.
You agree that a key characteristic of our forum is that changes to the forum will take place over time and this is an important basis on which we grant you access to the forum. Once we have made changes to the forum, your continued use of the forum will show that you have accepted any changes to the forum. You are always free to stop using the forum or deactivate your account by following these instructions http://meta.microcosm.app.
We will try, where possible and reasonable, to contact you to let you know about any significant changes to the forum.
Changes to the documents
We may revise these Terms of Use from time to time but the current version will always be at https://forum.espruino.com/about/terms/.
Changes will usually occur because of new features being added to the forum, changes in the law or where we need to clarify our position on something.
We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Use. We may contact you through the forum (for example by asking you to accept the changes before you continue to use the forum) or via a separate email.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
Documents that apply to our relationship with you
The current version of the Terms of Use contains the only terms and conditions that apply to your use of the forum. Older versions of the Terms of Use will no longer apply to our relationship and will be completely replaced by the current version.
We intend to rely on these Terms of Use as setting out the written terms of our agreement with you for the provision of the forum. If part of the Terms of Use cannot be enforced then the remainder of the Terms of Use will still apply to our relationship.
Where we have agreed with you that other terms and conditions will govern the other services or products we provide to you outside of the forum those terms and conditions will govern that relationship. If any other terms and conditions we have agreed with you contradict these Terms of Use in respect of your use of the forum, these Terms of Use will prevail.
If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
Law
English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the forum.
Contact, feedback and complaints
If you need to contact us in relation to these Terms of Use or any other document mentioned in them, please email us at gw@pur3.co.uk.
We value hearing from our users and are always interested in learning about ways we can improve the forum. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
Last modified 2014-03-06 00:00:00 +0000 UTC
Espruino
Forum Terms of Use
Welcome to our forum!
The forum https://forum.espruino.com (the "forum") is operated by the person, company or organisation detailed in the forum administrator section of the forum ("we" or "us").
If you need to contact us, please use our contact details set out at the end of this document.
Your relationship with us
This document and any documents referred to within it (collectively, the "Terms of Use") set out the terms that govern your use of the forum. It is important that you read and understand the Terms of Use before using the forum. If there is anything within them that you do not understand, then please contact us to discuss what this means for you.
By setting up an account to use the forum or using and accessing the forum, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not browse or otherwise access or use the forum.
Information about you
Your privacy is important to us. You should read the forum privacy policy https://forum.espruino.com/legal/privacy to understand how we collect, use and share information about you.
Setting up an account
You can view some areas of the forum without creating an account. However, to leave comments or access certain restricted areas of the forum you must register with us and set up an account with an ID (which may include an email address) and password. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
You must be 13 years or older and capable in your country of residence of entering into a legal binding agreement to use our forum.
You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns that your account may have been misused, you should contact us at gw@pur3.co.uk straight away to let us know.
Your right to use the forum
We give you permission to use the forum provided your use complies with these Terms of Use.
Your right to use the forum is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your account to another person. You may imprint, copy, download or temporarily store extracts from the forum onto your computer or other device for the purpose of using the forum. Your right to use the forum does not stop us from giving other people the right to use the forum.
In legal terms the paragraphs above mean that we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the forum. This licence is for the sole purpose of enabling you to use and enjoy the benefits of the forum in a manner permitted by these Terms of Use.
Our content
The forum comprises content including pages, screens, information and other material and we have permission from the owner of the content to use it or it belongs to us. In legal terms, this means that we are the owner or the licensee of all intellectual property that comprises the forum and the collective work that comprises the data in the forum.
We do not claim ownership of any User Content you add to the forum (unless the content is owned by us) but you do give us permission to use the User Content you add to the forum in accordance with the section titled "Your content".
Your content
You confirm that images, sounds, text or information that you submit or create ("User Content") whilst using the forum will meet the Rules of Acceptable Use.
You give us unlimited permission to use your User Content and allow others to do the same for no fee. In legal terms this means that you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, assign, transfer and sell the User Content anywhere and in any form.
Our right to use your User Content does not in any way affect your privacy rights and we will only use information that identifies you as set out in the forum privacy policy https://forum.espruino.com/legal/privacy.
We do not check or moderate any User Content before it is added to the forum by users. We may later check, moderate, reject, refuse or delete any User Content if anybody "reports" it to us and we believe that it breaks any of the Rules of Acceptable Use.
Rules of Acceptable Use
In addition to the other requirements within these Terms of Use, this section describes specific rules that apply to your use of the forum (the "Rules of Acceptable Use").
When using the forum you must not:
Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use and may result in our taking all or any of the following actions (with or without notice):
The responses described in this clause are not limited and we may take any other action we reasonably deem appropriate.
Notice and takedown policy
If you believe that content available through the forum:
please tell us immediately by using the reporting tool that appears next to each comment within the forum.
When reporting content please provide the information described below in your notice to us:
your name and contact details; and
a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
Advertisements on the forum
We and our selected business partners may provide advertising to you through the forum or by other methods such as email. This advertising may be based on your User Content or other information available through the forum. When delivering advertising we will only use information that identifies you as set out in the forum privacy policy https://forum.espruino.com/legal/privacy.
Hyperlinks
We may amend, re-format, modify or replace any website link you add to the forum. We may do this to improve the appearance of the link and/or to ensure the link used is that of one of our partners or affiliates. We may also direct users to an interstitial or warning page when we suspect the link is to content that may harm users or their devices such as links to malware or a shock site. We may also change how the link is displayed so that information from the link destination (such as content and media from the linked webpage) is displayed within the forum. For example, we may embed video or other media from a linked webpage into the forum.
Verification Service
We may provide a verification service to verify the identity of a forum user in accordance with our verification policy http://meta.microcosm.app. You may use our verification service to verify your identity to other users of the forum.
A forum user verification is not: (i) an endorsement by us of the forum user or the forum user's statements and representations; (ii) any guarantee or promise in relation to fitness, quality or description of any goods or services the forum user sells or promotes; or (iii) a representation by us that the forum user is trustworthy, reliable or honest.
Fees
The forum is free but some features, services or goods we sell through the forum may require you to make a payment in order for you to receive or use them. You will be provided with information about any fees associated with the features, services or goods we provide before you purchase them and will be asked to approve any payment before it is taken from you.
Where you follow a link to other sites or resources and make a purchase from that site or resource the purchase is solely between you and the seller. Complaints, questions and claims related to the sale of the product or service should be directed to the seller.
We are not the seller of any product or service you purchase from third parties, we have no control and do not give any commitment relating to the existence, quality, genuineness of the product or service, the truth or accuracy of the picture or description of the product or service or any other content made available by the third party.
You will be responsible for any fees that you incur by connecting to the forum such as Internet access costs or mobile phone data charges. If you are unsure whether you will incur such fees, we suggest that you log off the Internet and speak with your Internet service provider or mobile network operator.
Ending our relationship
If at any time you do not feel that you can agree to these Terms of Use or any changes made to the Terms of Use or the forum, you must immediately stop using the forum.
If you wish to end your use of the forum, please follow these instructions for deactivating your account http://meta.microcosm.app.
We may immediately end your use of the forum if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the forum including these Terms of Use.
We may end your use of the forum if your account has been inactive for 6 months.
We may also withdraw the forum as long as we give you reasonable notice that we plan to do so.
If you or we end your use of the forum or we withdraw the forum as described in this section, we may delete or modify your User Content, account or any other information we hold about you. You will also lose any rights you have to use the forum or access our content or your User Content. We will not offer you compensation for any losses.
User Content Disclaimer
Our forum makes available your User Content and User Content provided by other users of the forum. We do not produce such content and cannot be responsible for it in anyway.
Our liability/responsibility to you
This section sets out our entire responsibility to you under these Terms of Use.
Unfortunately, due to the nature of the Internet and technology, the forum is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the forum will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the forum in these Terms of Use and, to the extent we are able to do so, we exclude any commitments that may be implied by law.
To the extent permitted by the law our total responsibility for any claims under these Terms of Use or related to the use of the forum is limited to the amount you have paid us to provide the forum to you. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.
You acknowledge that the forum is hosted by our service provider Microcosm. You agree that this agreement is between you and us and you will not hold Microcosm responsible in any way for the features, services or goods you purchase from us. You will also not hold Microcosm responsible for any products or services you purchase from any other third party through the forum.
Resolving disputes
If you have a dispute with us relating to the forum, in the first instance please contact us at gw@pur3.co.uk and attempt to resolve the dispute with us informally.
In the unlikely event that we are not able to resolve the dispute informally, we will discuss and agree with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of our dispute.
Changes to the forum
We are constantly updating and improving the forum to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our forum. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the forum or feature relating to the forum ("changes to the forum"). These changes to the forum may affect your past activities on the forum, features that you use and your User Content. Any changes to the forum could involve your User Content being deleted or reset.
You agree that a key characteristic of our forum is that changes to the forum will take place over time and this is an important basis on which we grant you access to the forum. Once we have made changes to the forum, your continued use of the forum will show that you have accepted any changes to the forum. You are always free to stop using the forum or deactivate your account by following these instructions http://meta.microcosm.app.
We will try, where possible and reasonable, to contact you to let you know about any significant changes to the forum.
Changes to the documents
We may revise these Terms of Use from time to time but the current version will always be at https://forum.espruino.com/about/terms/.
Changes will usually occur because of new features being added to the forum, changes in the law or where we need to clarify our position on something.
We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Use. We may contact you through the forum (for example by asking you to accept the changes before you continue to use the forum) or via a separate email.
Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
Documents that apply to our relationship with you
The current version of the Terms of Use contains the only terms and conditions that apply to your use of the forum. Older versions of the Terms of Use will no longer apply to our relationship and will be completely replaced by the current version.
We intend to rely on these Terms of Use as setting out the written terms of our agreement with you for the provision of the forum. If part of the Terms of Use cannot be enforced then the remainder of the Terms of Use will still apply to our relationship.
Where we have agreed with you that other terms and conditions will govern the other services or products we provide to you outside of the forum those terms and conditions will govern that relationship. If any other terms and conditions we have agreed with you contradict these Terms of Use in respect of your use of the forum, these Terms of Use will prevail.
If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
Law
English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the forum.
Contact, feedback and complaints
If you need to contact us in relation to these Terms of Use or any other document mentioned in them, please email us at gw@pur3.co.uk.
We value hearing from our users and are always interested in learning about ways we can improve the forum. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
Last modified 2014-03-06 00:00:00 +0000 UTC