Last Modified: 12 July 2010
xmos.com is a site operated by Xmos Limited (company number 05494985), whose registered office is 107 Cheapside, London, EC2V 6DN (XMOS). VAT Number: 869 2667 65.
Welcome to XMOS.com
The terms set forth below and the Charter together (the "Agreement") govern your use of this web site and support board ("Site"). By using or visiting the Site, you expressly agree to be bound by this Agreement and to follow all terms and applicable laws and regulations governing the Site. If you do not agree with this Agreement, your sole recourse is not to use the Site.
There are many opportunities within the Site for you to actively participate. In the process of doing so, you may provide certain comments, feedback, suggestions, code data, or other information to xmos.com (collectively "Information").
Whenever you contribute Information to our Site, or make contact with other users on our Site, you must comply with the Charter and the content standards set out in our acceptable use policy (AUP) detailed below. You warrant that any such contribution complies with the AUP and the Charter and you will indemnify us for any breach of that warranty.
Any Information you publish to the Site will be considered non-confidential. In addition, once published, you shall not be entitled to request us to remove such Information.
If legally obliged, XMOS shall have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or their right to privacy.
When using the Site and uploading Information to it, you agree not to:
- upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Site;
- upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- "stalk" or otherwise harass another;
- use the Site for sending unsolicited advertising or promotional material (spam);
- do anything that is unlawful; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in bullet points above.
Intellectual Property and Proper Use
Any content and software on this Site not subject to third party licenses is the property of XMOS. All content and software is protected by international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site unless either expressly permitted to do so or if in accordance with any licences that are detailed. Other than for the purposes of indexation, you also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Site. Any use of the Site that infringes upon XMOS intellectual property rights will be investigated and XMOS shall have the right to take appropriate civil and criminal legal action.
All brands, trade marks or product names are the property of their respective owners.
Viruses, Hacking and Other Offences
You must not use our Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial of service attack or distributed denial of service attack.
Links to Third Party Sites
This Site may contain hypertext links to web sites controlled by parties other than XMOS Ltd. XMOS Ltd is not responsible for and does not endorse the contents or use of such web sites, nor will XMOS Ltd have any liability in relation to your use of such web sites.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND XMOS LTD, ALL INFORMATION PROVIDED ON THIS SITE OR INDIRECTLY THROUGH THIS SITE BY HYPERTEXT LINK OR OTHERWISE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. XMOS LTD HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL XMOS LTD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THIS SITE. XMOS LTD RESERVES THE RIGHT TO MAKE CHANGES, UPDATES OR CORRECTIONS TO THE INFORMATION ON THIS SITE AT ANY TIME WITHOUT NOTICE.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against XMOS and its employees and agents from any and all liability for claims, damages (whether direct or indirect), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Site.
Modifications of Terms
XMOS shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Site. Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date at the bottom of this page.
Violations of Terms
In addition to any legal remedies that XMOS may have for your violation of the terms of this Agreement, XMOS shall also have the right in its sole discretion to suspend or terminate your access to the Site.
Hold Harmless and Indemnify
You agree to hold harmless and indemnify XMOS, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (whether direct or indirect), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, XMOS will provide you with written notice of such claim, suit or action.
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without XMOS prior written consent. Any such purported assignment or delegation by you without XMOS prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by XMOS at its sole and absolute discretion.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. XMOS failure to act with respect to a breach by you or others does not waive XMOS right to act with respect to subsequent or similar breaches. The failure of XMOS to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws England and the English courts will have exclusive jurisdiction in relation to any claim or proceedings relating to this Agreement or the Site. This Agreement constitutes the entire agreement between XMOS and you with respect to the subject matter hereof.