If you are entering into these Terms of Service on behalf of a company or legal entity, you represent that you have authority to bind such company or legal entity, its officers, employees and agents and all users who access the Website through the account, to these Terms of Service. “you” and “your” shall refer to the company or legal entity and such users. If you do not have such authority do not accept these Terms of Service.
You must be at least 13 years old to use the Website. If you are between age 13 and 18, you confirm that you have your parent’s or legal guardian’s consent to use the Website and that they have read and agreed to these Terms of Service.
Any change or update to the Website or these Terms of Service will be made in accordance with clause 12 (Miscellaneous) below.
“Content” means any materials or links posted to the Website, including (but not limited to) text, graphics, audio files, or computer software.
“Data Protection Legislation” means all applicable data protection and privacy legislation, including but not limited to the Data Protection Act 2018, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, and any successor legislation to the GDPR or the Data Protection Act 2018, as applicable.
“Intellectual Property Rights” means all vested and future rights of copyright and related rights, design rights, database rights, patents, rights to inventions, trade marks and get-up (and goodwill attaching to those trade marks and that get up), domain names, applications for and the right to apply for any of the above, moral rights, goodwill (and the right to sue for passing off and unfair competition), rights in know-how, rights in confidential information, rights in computer software and semiconductor topographies, and any other intellectual or industrial property rights or equivalent forms of protection, whether or not registered or capable of registration, and all renewals and extensions of such rights, whether now known or in future subsisting in any part of the world.
You are responsible for maintaining the security of any account created on the Website and for all activities that occur under that account, including the contribution of Content and use of services. You must immediately notify Canonical of any unauthorised use of your account or of any other identified breach of security. Canonical will not be liable for any acts or omissions by you relating to your use of the Website.
Contributor representations and warranties
You are responsible for any Content which you post, or otherwise make (or allow any third party to make) available by means of the Website, including any liability which may arise from the Content.
By your use of the Website, you represent and warrant that:
- Content contributed by you does not and shall not infringe upon or misappropriate registered or unregistered copyright, patent, trade mark, trade secret or any other Intellectual Property Right of any third party;
- if Content created by you is subject to Intellectual Property Rights of your employer, you have either (i) received permission from your employer to post or make the Content available on the Website, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third party licences relating to the Content and have successfully passed through any required terms to end users;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, not machine or randomly generated and does not contain unethical or unwanted commercial content designed to drive traffic to or boost search engine rankings of third party sites, or intended to 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;
- the Content is not named in a manner that misleads the recipient into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Canonical or otherwise.
Content is contributed to the Website by you under a Creative Commons Attribution-NonCommercial 4.0 International licence. Canonical has the right to, in Canonical’s sole discretion (i) refuse or remove any Content that, in Canonical’s reasonable opinion, violates any Canonical 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.
Website visitors’ acknowledgment
Canonical has not reviewed any Content posted to, or made available through, the Website and disclaims all liability for any such Content. By operating the Website, Canonical does not represent or imply that it endorses the Content there posted, or that it believes such material to be accurate, useful or non-harmful. 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. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the Intellectual Property Rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Canonical disclaims all responsibility for any harm resulting from the use by visitors of the Website, of any services relating to the website or from any downloading or use by those visitors of Content there posted. You understand that you download from, or otherwise obtain Content or services through the Website at your own discretion and risk.
Intellectual Property Rights
Each party will retain ownership of its Intellectual Property Rights and any Intellectual Property Rights it creates or obtains. No Intellectual Property Rights will transfer under these Terms of Service.
Canonical 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 these Terms of Service or your Website account (if applicable), you may simply discontinue using the Website. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, clause 4 (content licence), clause 9 (disclaimer of warranty), clause 10 (limitation of liability), clause 11 (indemnity).
Disclaimer of warranties
THE WEBSITE IS PROVIDED "AS IS’. CANONICAL HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE SUBJECT MATTER HEREOF OR OTHERWISE IN CONNECTION WITH THESE TERMS OF SERVICE. CANONICAL SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, SATISFACTORY QUALITY, MERCHANTABILITY, SATISFACTORINESS, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CANONICAL MAKES NO WARRANTY THAT THE WEBSITE WILL BE ERROR FREE AND THAT ACCESS THERETO WILL BE CONTINUOUS AND UNINTERRUPTED. TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE DISCLAIMED, SUCH WARRANTY IS LIMITED IN DURATION TO THE MINIMUM PERIOD PERMITTED BY LAW
Limitation of liability
In no event will Canonical be liable for: (i) any indirect, special, incidental, punitive, or consequential loss or damage for any loss of or damage to data, ex gratia payments, loss of profit, loss of contract or loss of other economic advantage (in each case whether direct or indirect) arising out of or in connection with these Terms of Service; (ii) the cost of procurement for substitute products or service; (iii) interruption of use or loss or corruption of data; (iv) for any amounts that exceed above GBP 500. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Nothing in these Terms of Service excludes or limits the liability of either party for (i) death or personal injury; (ii) fraud; and (iii) anything else that cannot be excluded or limited by applicable law.
You agree to indemnify and hold harmless Canonical, its affiliates, its directors, officers, employees, contractors and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website or breach of these Terms of Service.
Canonical reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service. It is your responsibility to check these terms periodically for changes. Your continued use of the Website following the posting of any changes to these Terms of Service constitutes acceptance of those changes. These Terms of Service will be governing by and construed in accordance with the laws of England excluding its conflicts of law provisions. If any part of these Terms of Service 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 these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Canonical may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.