Version [version] published [date]
Welcome to [forum name]!
[forum name] is an Unincorporated Association of people interested in [subject area] and is the owner and operator of [forum name], and its affiliates and suppliers (collectively “[forum name]”) provide their forum hosting and related services (the “Services”) to you subject to the following conditions. If you visit or purchase from [forum name], you accept these terms and conditions.
At present the forum is free to use and there are no plans to change this. Effectively membership is on the basis of a zero-cost subscription. To maintain your subscription (your membership) please login at least once a quarter or your account will be assumed to be dormant and may be deleted to prevent it being “stolen” and used by someone else to abuse the forum.
[forum name] agrees to terminate your account at any time upon notice from you, at help@[forum name]. [forum name] may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at [forum name]‘s sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, [forum name], in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that [forum name] deems appropriate to enforce its rights and pursue all available remedies.
Upon your termination of your account, you will not recieve a refund for any subscription fees previously charged to, or still remaining, on your account. In the event we have to collect unpaid amounts owed to [forum name] on your account, you will be liable for all legal and collection agency fees.
If you are a resident of the European Union, you understand and agree that [forum name] may store and processes your information on computers located in the United States, and by providing any data to [forum name], you consent to the transfer of such information to the United States.
You acknowledge and agree that [forum name] may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of [forum name], its employees, users and third parties, and the public.
When you visit [forum name], or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of [forum name], or its subscribers who upload photographs or other media, or its content and software suppliers and is protected by United Kingdom and international copyright laws. [forum name]‘s selection, coordination and arrangement of all content on this site is the exclusive property of [forum name], and is protected as a compilation by UK and international copyright laws. All software used on this site or in conjunction with the Services is the property of [forum name] or its software suppliers and is protected by UK and international copyright laws.
license and site access
[forum name] grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of [forum name] This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of [forum name] Any unauthorized use terminates the permission or license granted by [forum name].
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to [forum name] pages so long as the links do not portray [forum name] or its suppliers or their products or services in a false or misleading manner.
If you subscribe to [forum name]‘s forum service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You further agree to immediately notify [forum name] of any unauthorized use of your account or any other breach of security known to you.
[forum name] uses industry standard security measures to protect the loss, misuse and alteration of the information under our control. Although we make good faith efforts to store the non-public information collected by the [forum name] website in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing our site.
reviews, comments, communications and other content
Use of the Services by you is subject to all applicable local, national and international laws and regulations. You may post reviews, comments, suggestions, bugs, ideas, questions, or other information (collectively “Content”), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political or religious campaigning, commercial solicitation (other than where expressily permitted and only to the extent permitted), chain letters, mass mailings, or any form of “spam.” [forum name] reserves the right (but not the obligation) to remove or edit Content, but does not regularly review posted Content.
license granted by users
[forum name] does not claim ownership in the postings, photographs, videos or other media created or uploaded by Subscribers (“Media”). [forum name] will not resell Media to third parties. Unless we indicate otherwise, if you upload Content, including any Media, to the [forum name] site, you grant [forum name] a nonexclusive, royalty-free right to publish, distribute and display the Content as we deem appropriate in providing the Services authorized or requested by you, including the right to use the name that is submitted in connection with such Content. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of Content indefinitely.
[forum name] respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact [forum name]‘s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at copyrightagent@[forum name]. Please provide our Agent with the following Notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the [forum name] site that you claim is infringing, with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your electronic signature.
[forum name]‘s Agent will forward this information to the alleged infringer.
nudity and sexually orientated content
[forum name] must remain a safe site for families with children, so we prohibit the uploading and display of photographs or other Media portraying explicit nudity or containing any sexual content that would be unacceptable in a public museum where minors visit, for example. If your photos or other Media would only be suited for adult sites, adult magazines, or 18-rated movies, they are not suitable for [forum name].
Judgement of suitable Media is the sole discretion of [forum name], and [forum name] reserves the right to delete any photographs or other Media it deems to violate this policy and/or to cancel the account of any subscriber who posts photos or other Media violating this policy.
disclaimer of warranties and limitation of liability
THIS SITE IS PROVIDED BY [forum name] ON AN “AS IS” AND “AS AVAILABLE” BASIS. [forum name] MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, [forum name] DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, [forum name] DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR–FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM [forum name] ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL [forum name] BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE [forum name] WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE [forum name] WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE [forum name] WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE [forum name] WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. [forum name] CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS USERS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, VENDORS AND SUPPLIERS, TO YOU IN ANY CIRCUMSTANCE IS LIMITED TO THE INDIVIDUAL COST OF AN ANNUAL SUBSCRIPTION.
CERTAIN LOCAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
merger or acquisition.
It is possible that as we continue to develop our website and the forum, [forum name]‘s Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that [forum name] may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.
Any dispute relating in any way to your visit to [forum name] or to products you purchase through [forum name] shall be submitted to confidential arbitration with the The Internet Arbitration Association except that, to the extent you have in any manner violated or threatened to violate [forum name]‘s intellectual property rights, [forum name] may seek injunctive or other appropriate relief in any United Kingdom court of law, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the The Internet Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
site policies, modifications and severability