Terms & Conditions (our acceptable use policy)

While this is a legal agreement, we have tried to write it in a way that is clear and easy to understand. If there is anything you are not sure about here, please get in touch with us at info@xmos.com.

About Us

www.xmos.com (“our website”) is operated by XMOS Limited, registered in England and Wales under company number 05494985, whose registered office is 107 Cheapside, London, EC2V 6DN (“XMOS”, “We”, “Our” and ‘Us’).

Introduction

This acceptable use policy (“The Policy” or “the Terms”) together with our Privacy Policy and Cookie Policy, tell you the terms on which you may use our website as a guest or as a registered user.

Please read this document before using our website. By using our website, you confirm that you accept this Policy and agree to comply with it. If you do not agree, you must not use our website.

Changes to the Policy

We may amend this Policy from time to time. Every time you wish to use our website, please make sure you read and agree to the terms that apply at that time.

Accessing our website

Our website is made available free of charge. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.

We will not be liable to you if for any reason our website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our website.

You must keep your account details safe

You are responsible for the security of your XMOS account login information and you must not disclose it to any third party. We have the right to disable any user identification code or password at any time. If in our reasonable opinion you have failed to comply with any of the provisions of this Policy.

If you know or suspect that anyone other than you knows your user identification code or password, you must contact us as soon as possible.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

User-generated content

This website may include information and materials uploaded by other users of our website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. We are under no obligation to oversee, monitor or moderate any bulletin boards or chat rooms on our site and we expressly exclude our liability for any loss or damage arising from the use of those services, whether or not the service is moderated.

If you wish to complain about information and materials uploaded by other users, then please contact us.

Whenever you make use of a feature that allows you to upload content to our website, or to contact other users of our website, you must comply with the content standards set out in this Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the website.

We have the right to remove any posting you make on the website if, in our opinion, your post does not comply with the content standards set out in this Policy.

User-generated content standards

These must be complied with in spirit as well as to the letter. They apply to each part of any contribution as well as to its whole. We will determine whether a contribution breaches these standards.

You agree not to submit any content to the website that:

  • infringes any intellectual property rights;
  • contains any advertising or promote other third-party services;
  • is in breach of confidence or privacy;
  • is false, misleading, defamatory, discriminatory, threatening or offensive;
  • is likely to cause someone anxiety or distress;
  • encourages violence or racial or religious hatred;
  • encourages or teaches conduct that is a criminal offence;
  • gives rise to civil liability; or
  • is otherwise unlawful.

Breach of this Policy

When we consider a breach of this policy has occurred, we may take such action as we deem necessary, which may include all or any of the following:

  • immediate, temporary or permanent withdrawal of your right to use our website;
  • immediate, temporary or permanent removal of any contribution uploaded by you to our website;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Rights you license

Any content you upload to the website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but by uploading it you shall automatically grant us an irrevocable limited licence to use, store and copy that content.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out in this Policy.

Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our site other than that set out above, please contact us.

We are not responsible for viruses

We do not guarantee that our website will be secure or free from malware or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Prohibited uses

You may use our website only for lawful purposes.

You may not use our website:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms of use; and not to access without authority, interfere with, damage or disrupt:

  • any part of our website;
  • any equipment or network on which our website is stored;
  • any software used in the provision of our website; or
  • any equipment or network or software owned or used by any third party.

No warranty

Except where expressly provided otherwise in an agreement between you and us, 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. We hereby disclaim 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.

Our responsibility for loss or damage suffered by you

In no event shall we 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.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply.

If you are a business user:

  • we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.
  • and in particular, we will not be liable for:
    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer user:

  • please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • if defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Release and Waiver

To the maximum extent permitted by applicable law, you hereby release, and waive all claims against us and our employees and agents from any and all liability for claims, damages (whether direct or indirect), costs and expenses (including litigation costs and legal fees) of every kind and nature, arising out of or in any way connected with use of our website.

Hold Harmless and Indemnify

You agree to hold harmless and indemnify us, and our employees, agents and representatives, from and against any third-party claim arising from or in any way related to your use of our website, including any liability or expense arising from all claims, losses, damages (whether direct or indirect), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit or action.

Violations of Terms

In addition to any legal remedies that we may have for your violation of the terms of this Agreement, we shall also have the right in our sole discretion to suspend or terminate your access to our website.

No assignment

You shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation by you without our prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by us at our sole and absolute discretion.

Relationship of the Parties

For all purposes of these Terms, 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.

Which country’s laws apply to any disputes?

This Agreement shall be interpreted in accordance with the laws of England and the English courts will have exclusive jurisdiction in relation to any claim or proceedings relating to these Terms or our website.

Miscellaneous

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. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Our failure 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 these Terms are included for convenience only and shall not limit or otherwise affect them. These Terms constitute the entire agreement between XMOS and you with respect to the subject matter hereof.

Last updated on 30 August 2018