Terms of Conditions

 ORALITY FORUM TERMS AND CONDITIONS

 

Introduction

These terms and conditions govern your use of this forum; by using this forum, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this forum. When the words “Our” or “We” are used they refer to the “Orality Forum Site Organization”. This is a partnership between several organizations having legal status in countries around the world including the UK, US, and Canada.

You must be at least 18 years of age to use this forum.  By using this forum and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

License to use forum

Unless otherwise stated, our organization and/or its licensors own the intellectual property rights in the forum and material on the forum.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the forum for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this forum (including republication on another forum or website);
  • sell, rent or sub-license material from the forum;
  • show any material from the forum in public;
  • reproduce, duplicate, copy or otherwise exploit material on this forum for a commercial purpose;
  • edit or otherwise modify any material on the forum; or
  • redistribute material from this forum except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this forum in any way that causes, or may cause, damage to the forum or impairment of the availability or accessibility of the forum; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this forum to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this forum without our express written consent.

You must not use this forum to transmit or send unsolicited commercial communications.

You must not use this forum for any purposes related to marketing without express written consent. 

Restricted access

Access to certain areas of this forum is restricted.  We reserve the right to restrict access to other areas of this forum, or indeed this entire forum, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of this forum or other content or services, you must ensure that the user ID and password are kept confidential. 

We may disable your user ID and password in the Orality Forum at our sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this forum, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). 

You must not submit any user content to the forum that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to this forum, or stored on our servers, or hosted or published upon this forum.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this forum.

No warranties

This forum is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to this forum or the information and materials provided on this forum. 

Without prejudice to the generality of the foregoing paragraph, We do not warrant that:

  • this forum will be constantly available, or available at all; or
  • the information on this forum is complete, true, accurate or non-misleading.

Nothing on this forum constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this forum:

 

  • to the extent that the forum is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Exceptions

Nothing in this forum disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this forum disclaimer will exclude or limit our liability in respect of any:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation on the part of our organization; or
  • matter which it would be illegal or unlawful for our organization to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this forum, you agree that the exclusions and limitations of liability set out in this forum disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this forum.

Other parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the forum.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this forum disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as our organization.

Unenforceable provisions

If any provision of this forum disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this forum disclaimer.

Indemnity

You hereby indemnify our organization and undertake to keep our organization indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by our organization to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by our organization arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, our organization may take such action as we deems appropriate to deal with the breach, including suspending your access to the forum, prohibiting you from accessing the forum, blocking computers using your IP address from accessing the forum, contacting your internet service provider to request that they block your access to the forum and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this forum from the date of the publication of the revised terms and conditions on this forum.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and our organization in relation to your use of this forum, and supersede all previous agreements in respect of your use of this forum.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with United States and/or United Kingdom, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of United States and/or United Kingdom.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.

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