Terms of Service - PartnerSPEAK

The following terms and conditions govern all use of the PartnerSPEAK website and all content, services and products available at or through the website, including, but not limited to, PartnerSPEAK Forum Software, PartnerSPEAK Support Forums and the PartnerSPEAK Hosting service (“Hosting”), (taken together, the Website). The Website is owned and operated by PartnerSPEAK (“PartnerSPEAK”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PartnerSPEAK’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by PartnerSPEAK (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by PartnerSPEAK, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your partnerspeak.org.au Account

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify PartnerSPEAK of any unauthorized uses of your account or any other breaches of security. PartnerSPEAK will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors

If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by PartnerSPEAK or otherwise.

3. User Content License

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, PartnerSPEAK has the right (though not the obligation) to, in PartnerSPEAK’s sole discretion (i) refuse or remove any content that, in PartnerSPEAK’s reasonable opinion, violates any PartnerSPEAK policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in PartnerSPEAK’s sole discretion.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which partnerspeak.org.au links, and that link to partnerspeak.org.au. PartnerSPEAK does not have any control over those non-partnerspeak.org.au websites and webpages, and is not responsible for their contents or their use. By linking to a non-partnerspeak.org.au website or webpage, PartnerSPEAK does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PartnerSPEAK disclaims any responsibility for any harm resulting from your use of non-partnerspeak.org.au websites and webpages.

8. Copyright Infringement and DMCA Policy

As PartnerSPEAK asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by partnerspeak.org.au violates your copyright, and if this website resides in the USA, you are encouraged to notify PartnerSPEAK in accordance with PartnerSPEAK’s Digital Millennium Copyright Act (“DMCA”) Policy. PartnerSPEAK will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PartnerSPEAK will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PartnerSPEAK or others. In the case of such termination, PartnerSPEAK will have no obligation to provide a refund of any amounts previously paid to PartnerSPEAK.

9. Intellectual Property

This Agreement does not transfer from PartnerSPEAK to you any PartnerSPEAK or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with PartnerSPEAK. PartnerSPEAK, partnerspeak.org.au, the partnerspeak.org.au logo, and all other trademarks, service marks, graphics and logos used in connection with partnerspeak.org.au, or the Website are trademarks or registered trademarks of PartnerSPEAK or PartnerSPEAK’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any PartnerSPEAK or third-party trademarks.

10. Attribution

PartnerSPEAK reserves the right to display attribution links such as ‘Powered by partnerspeak.org.au,’ theme author, and font attribution in your content footer.

11. Changes

PartnerSPEAK reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. PartnerSPEAK may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

12. Termination

PartnerSPEAK may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your partnerspeak.org.au account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Disclaimer of Warranties

The Website is provided “as is”. PartnerSPEAK and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PartnerSPEAK nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

14. Limitation of Liability

In no event will PartnerSPEAK, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PartnerSPEAK under this agreement during the twelve (12) month period prior to the cause of action. PartnerSPEAK shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

15. General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the PartnerSPEAK Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

16. Indemnification

You agree to indemnify and hold harmless PartnerSPEAK, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

17. Miscellaneous

This Agreement constitutes the entire agreement between PartnerSPEAK and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PartnerSPEAK, or by the posting by PartnerSPEAK of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PartnerSPEAK may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This document is CC-BY-SA. It was last updated January 1, 2018.

Originally adapted from the WordPress Terms of Service.