FORSAGE Community is a portal where users exchange useful information and help each other in the development of their own teams and community development. (also referred to herein as the "Portal") owned and operated by FORSAGE Community. ("FORSAGE Community", "we" or "us"). FORSAGE Community welcomes you to the Portal, the largest crypto-community in the world, and invites you to participate in the community by sharing knowledge with your peers and colleagues. Like all communities, we ask that you participate in a manner that respects your fellow community members. To that end, we provide you with these terms of service to advise you of the legal obligations you assume when you engage with the FORSAGE Community or otherwise access or use the public Portal or any services provided on the public Portal (collectively, "Services"). These terms govern the use of the public Portal (the "Public Portal Terms").
To the extent you are accessing or using our other products on behalf of a Company or Team, including without limitation by registering for an account on behalf of a Company or Team, your use of those products is governed by their relevant Terms and Conditions.
- Public Portal Terms
- Contracts are Binding and Legally Enforceable -- Please Read!
As stated above, these Public Portal Terms constitute an agreement between FORSAGE Community and you and governs your use of the public Portal. These Public Portal Terms do NOT govern the use of our Talent, Enterprise and other FORSAGE Community products and services that are not part of the public Portal. In the event of any conflict between the terms and conditions of these Public Portal Terms and any such service or licensing agreements, the terms and conditions of the Public Portal Terms shall prevail.
- Age Eligibility
You must be at least 18 years old to access or use the Portal or Services, including without limitation to complete a FORSAGE Community account registration. By accessing or using the Services or the Portal in any manner, you represent and warrant that you are at least 18 years of age. If you are under 18 years old, you may not, under any circumstances or for any reason, access or use the Services or Portal in any manner, and may not provide any personal information to or on the Services or Portal (including, for example, a name, address, telephone number or email address).
If you are located within the European Union, you must be at least 18 years old to access or use the Portal or Services, including without limitation to complete a FORSAGE Community Account Registration. By accessing or using the Services or the Portal in any manner, you represent and warrant that you are at least 18 years of age. If you are under 18 years old, you may not, under any circumstances or for any reason, access or use the Services or Portal in any manner, and may not provide any personal information to or on the Services or Portal (including, for example, a name, address, telephone number or email address).
- Access to the Public Portal
Any user of the public Portal is welcome to participate in community discussions, to answer questions, and to share their hard earned knowledge with public Portal community participants, provided that they comply with the obligations set forth in these Public Portal Terms, and to the extent that use of the public Portal does not conflict with the applicable laws, rules and regulations of the user's jurisdiction. FORSAGE Community reserves the right to refuse, suspend or terminate your access to the public Portal if it determines, in its sole discretion, that you have in any way violated these Public Portal Terms or are otherwise ineligible to access or use the Portal or Services. If your actions are determined by us to violate these Public Portal Terms, FORSAGE Community may, in its sole discretion, try to remediate that violation by working with you individually, but is under no obligation to do so, and if any such remediation efforts are unsuccessful (in FORSAGE Community's sole discretion), then FORSAGE Community may revoke your rights to the Portal. You are solely responsible for ensuring that these Public Portal Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access the Portal or any Services is revoked where these Public Portal Terms or use of the Portal or any Services is prohibited or conflicts with any applicable law, rule or regulation. FORSAGE Community will use reasonable efforts to make the public Portal available 24/7/365, but from time-to-time we will have scheduled outages for maintenance purposes and other upkeep. Where feasible, we may, in our sole discretion, make efforts to inform you about any outages and report on the nature and reason for any outages that may occur in an open and transparent manner, though we are under no obligation to do so, and in any case will not be liable for any downtime.
- User Obligations
- To access some of the public Portal features you will need to register for an account as an individual and consent to these Public Portal Terms. If you do not consent to these Public Portal Terms, FORSAGE Community reserves the right to refuse, suspend or terminate your access to the public Portal.
- FORSAGE Community is a community and we expect you to treat each member of the FORSAGE Community with respect. Whether a community member is asking their first question, or is a reputation superstar, we respect you and welcome you, but we also require you to be kind to one another.
- You are solely responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Portal or otherwise use the Services, including without limitation modems, hardware, software, and long distance or local telephone service. You are solely responsible for ensuring that such equipment or ancillary services are compatible with the Services and Portal.
- Content Permissions and Restrictions
- FORSAGE Community Content
- All materials displayed or performed on the public Portal, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively "Portal Content") (other than Portal Content posted by individual "Subscriber Content") are the property of FORSAGE Community and/or third parties and are protected by international copyright laws ("FORSAGE Community Content").
- All trademarks, service marks, and trade names are proprietary to FORSAGE Community and/or third parties and use of the Portal means you agree to abide by all copyright notices, information, and restrictions contained in any Portal Content accessed through the Services.
- The Portal is protected by copyright as a collective work and/or compilation, pursuant to international covenants, and other copyright laws. Other than as expressly set forth in these Public Portal Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit any of the Portal Content, software, materials, or Services in whole or in part. You may download or copy the public Portal Content, and other items displayed on the public Portal for download or personal use provided that you maintain all copyright and other notices contained in such Public Content.
- Any other downloading, copying, or storing of any public Portal Content (other than Subscriber Content or content made available via the FORSAGE Community API) for other than personal, noncommercial use is expressly prohibited without prior written permission from FORSAGE Community or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from the public Portal (other than Subscriber Content or content made available by the FORSAGE Community API) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the "Software") is licensed to you by FORSAGE Community or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. FORSAGE Community or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
- Subscriber Content
- You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, "Content") that you provide to the public Portal (collectively, "Subscriber Content"), is perpetually and irrevocably licensed to FORSAGE Community on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms, and you grant FORSAGE Community the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Subscriber Content, even if such Subscriber Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation):
- Provide, maintain, and update the public Portal.
- Process lawful requests from law enforcement agencies and government agencies.
- Prevent and address security incidents and data security features, support features, and to provide technical assistance as it may be required.
- Aggregate data to provide product optimization.
- This means that you cannot revoke permission for FORSAGE Community to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. You should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution.
- FORSAGE Community Content
- Disclaimer of Warranties
TO THE MAXIMUM EXTENT ALLOWED BY LAW, FORSAGE COMMUNITY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FORSAGE EXCHANGE PROVIDES NO GUARANTEES THAT THE SERVICES OR Portal WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND PROVIDES THE Portal, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE PUBLIC Portal TERMS ON AN "AS IS" BASIS.
You will indemnify and hold FORSAGE Community, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the public Portal, use of FORSAGE Community products or services made available on the public Portal, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORSAGE COMMUNITY AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE Portal OR SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF FORSAGE COMMUNITY OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT FORSAGE COMMUNITY `s RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- General Provisions
- Assignment and Jurisdiction
FORSAGE Community reserves the right to assign our rights and obligations under these Public Portal Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.
These Public Portal Terms will be governed by and construed in accordance with the applicable international laws. Both you and FORSAGE Community hereby irrevocably agree to the sole and exclusive personal jurisdiction of the European Court of Human Rights with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with the Portal or Services. Notwithstanding the foregoing, these Public Portal Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Public Portal Terms. The Uniform Commercial Code shall not apply to the provisions of these Public Portal Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any Company or Team form shall apply to or supersede these Public Portal Terms. In the event of any conflict between the terms and conditions of these Public Portal Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail.
FORSAGE Community reserves the right, in its sole discretion, to modify or replace these Public Portal Terms, as our business evolves over time and to better provide Services and Products to the FORSAGE Community, or to change, suspend, or discontinue the public Portal and/or any Services or Products at any time by posting a notice on the public Portal or by sending you notice via e-mail or by another appropriate means of electronic communication.
- Merger and Severability
The parties to these Public Portal Terms are independent contractors and these Public Portal Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and FORSAGE Community. These Public Portal Terms represent the entire agreement between you and FORSAGE Community and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the public Portal or Services or Products contemplated hereunder. If any provision of these Public Portal Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Public Portal Terms shall remain and continue in full force and effect.
Unless otherwise specified in these Public Portal Terms, all notices under these Public Portal Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to ([email protected])
- No Waiver
Our failure to enforce any part of these Public Portal Terms shall not constitute a waiver of our right to later enforce that or any other part of these Public Portal Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Public Portal Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Public Portal Terms are for convenience only and shall not affect their interpretation.
- Assignment and Jurisdiction