The Gist:
We (the folks at The Tech Alchemist, the company behind Supersummit.com) run these sites and would love for you to use it. This site, blog, forum, and related services are designed to educate and entertain, and we encourage you to express yourself freely. However, be responsible in what you write, and please be respectful. Being critical is fine, but rudeness and personal attacks are not. In particular, make sure that none of the prohibited items listed below appear in your writing or what you link to (things like spam, viruses, or hate content).
That’s the gist of it. Thanks also to the good folks at Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.
Terms of Service:
The following terms and conditions govern all use of the supersummit.co website and all content, services and products available at or through the website, including, but not limited to, associated blogs, forums, and websites (supersummit.co, among others), taken together, the Website. The Website is owned and operated by Tech Alchemist Ltd.. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Privacy Policy) and procedures that may be published from time to time on this Site by Tech Alchemist Ltd. and his staff (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The Alchemist Ltd., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, 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 licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
* the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
* your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
* your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tech Alchemist Ltd. or otherwise.
Without limiting any of those representations or warranties, Tech Alchemist Ltd. has the right (though not the obligation) to, in Tech Alchemist Ltd.’s sole discretion (i) refuse or remove any content that, in Tech Alchemist Ltd.’s reasonable opinion, violates any The Tech Alchemist Ltd 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, inTech Alchemist Ltd.’s sole discretion.
2. Responsibility of Website Visitors. Tech Alchemist Ltd. has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tech Alchemist Ltd. does not represent or imply that it endorses the material 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 and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Alchemist Ltd. disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which supersummit.co links, and that link to SuperSummit! . Tech Alchemist Ltd. does not have any control over those non-supersummit.com websites and webpages, and is not responsible for their contents or their use. By linking to a non- supersummit.co website or webpage, Tech Alchemist Ltd. does not represent or imply that it endorses such website or webpage. 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. Tech Alchemist Ltd. disclaims any responsibility for any harm resulting from your use of non-supersummit.co websites and webpages.
4. Copyright Infringement and DMCA Policy. As Tech Alchemist Ltd. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by supersummit.co violates your copyright, you are encouraged to notify Tech Alchemist Ltd. in accordance with standard Digital Millennium Copyright Act (”DMCA”) Policy. Tech Alchemist Ltd. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Tech Alchemist Ltd. or others,Tech Alchemist Ltd. may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Tech Alchemist Ltd. will have no obligation to provide a refund of any amounts previously paid to The Alchemist Ltd..
5. Intellectual Property. This Agreement does not transfer from The Alchemist Ltd. to you any The Alchemist Ltd. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tech Alchemist Ltd.. Tech Alchemist Ltd., supersummit.co logo, and all other trademarks, service marks, graphics and logos used in connection with supersummit.co, or the Website are trademarks or registered trademarks of Tech Alchemist Ltd. or Tech Alchemist Ltd.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tech Alchemist Ltd. or third-party trademarks. You hereby grant Tech Alchemist Ltd. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or The Alchemist Ltd. services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with The Alchemist Ltd. or the promotion thereof.
6. Changes. The Alchemist Ltd. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tech Alchemist Ltd. may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
7. Termination. The Alchemist Ltd. 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 this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties. The Website is provided “as is”. The Alchemist Ltd. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Alchemist Ltd. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will The Alchemist Ltd., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Alchemist Ltd. under this agreement during the twelve (12) month period prior to the cause of action. The Alchemist Ltd. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the The Alchemist Ltd. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless The Alchemist Ltd., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
12. Miscellaneous. This Agreement constitutes the entire agreement between The Alchemist Ltd. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Alchemist Ltd., or by the posting by The Alchemist Ltd. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of UK, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Brighton, UK. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond).The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement 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 this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Alchemist Ltd. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Membership:
All Users may visit the Site and access certain free Services without the obligation to register as a Member. In order to access other Services it is necessary to register as a Member.
In order to become a Member the relevant User shall complete the registration form. The User represents and warrants that the information given in that registration will be accurate and complete. The Tech Alchemist will hold that information in accordance with the terms of the The Tech Alchemist privacy policy and it may be used to validate the Users registration for Membership.
Paid membership lasts for a period of 12 months from the date of registration and payment of the relevant Fee. Membership may be cancelled at any time by the Member giving notice to The Tech Alchemist.
Each Member shall be responsible for the management of their Membership within their relevant organisation including the administration of access to the Site and Services. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of The Tech Alchemist’s registration procedures, you must treat such information as confidential, and you must not disclose it to any third party. The Tech Alchemist does not permit the sharing of logins or passwords, and similarly, no group logins and passwords are permitted. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time.
Each Member is responsible for making all arrangements necessary to access the Site subject always to the prohibition on login and password sharing and is also responsible for ensuring that all persons who access the Site through the Member’s internet connection are aware of these Terms and Conditions, and ensure that they comply with them.
Each Member is responsible for ensuring that they supply a valid email address, that The Tech Alchemist email domain (supersummit.co) are whitelisted and that the email account does not block emails from The Tech Alchemist. The Tech Alchemist accepts no responsibility for the non-receipt of any email communication sent to any User.
Where a Membership allows for a number of Users to have access, each Member within that Membership will be able to add and remove other Members so it is your responsibility to ensure that the Users who access the Sites via your Membership are responsible in the management and running of your Membership and that they are legitimate Users. You may not add a User who is not an employee of your organization. Further, each of the Users within your Membership will have access to the Services allocated under your Membership so, for example, one User could use up all the Research allocation for your Membership. We reiterate that it is your responsibility to manage your Membership within your relevant organisation. The Tech Alchemist accepts no responsibility for the management of your Membership within your organisation.
Events:
‘Events’ includes all the online events organized by TechAlchemist (e.g. Super Summit) and this clause applies to all booking, tickets and attendance at Events by Members (free or pay). Tickets for attendance at Events can be booked online and arrangements for events are subject to Tech Alchemist’s confirmation of the booking.
The Member acknowledges that any speakers at the Events (“Speakers”) are not necessarily employees of The Tech Alchemist and that The Tech Alchemist may, at its sole discretion, procure the services of third parties to provide any part of, or all of,the Event.
The Speakers do not represent The Tech Alchemist and the views and opinions of the Speakers are not necessarily the views and opinions of The Tech Alchemist and The Tech Alchemist disclaims all and accepts no liability for any acts or omissions of the Speakers, or the statements they make or information that they provide.
The Tech Alchemist will use reasonable endeavours to ensure that any individually named person(s) shall provide the agreed services at the Event, but where this is not possible, The Tech Alchemist reserves the right to procure the services of suitable alternative person(s). Any such change(s) shall not constitute a breach of contract and shall not give the Paid Member the right to terminate.
The Tech Alchemist will use reasonable endeavours to ensure that the Event shall take place on the relevant date(s) and time(s) as agreed, but where this is not possible, The Tech Alchemist reserves the right to alter the date(s), and/or time(s), provided that The Tech Alchemist shall give the Member notice of any such change(s) as soon as is reasonably possible. Any such change(s) shall not constitute a breach of contract and shall not give the Paid Member the right to terminate.
The Member may be provided certain Training Materials at the Event (“Event Materials”) and the Member is not permitted to do any of the following without the prior written consent of The Tech Alchemist:
- reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Event materials or proceedings without prior approval
- sub-license, rent, lease, transfer or assign any IPRs in the Event materials, to any other person, or attempt to do any of the foregoing;
- disclose the Event materials whether in part or in their entirety to any third party, including any associated or affiliated company;
- in any way commercially exploit any of the Event materials content or. use the Event materials for any unlawful purpose.
You acknowledge and accept that there may be technical downtime or errors relating to the provision of Events or elements of Events online and Event Materials provided online. Such downtime or errors may prevent the Event and Online Event Materials being accessible and The Tech Alchemist shall not be liable if access is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime or errors.
Although The Tech Alchemist believes the content of the Event materials to be accurate, complete and current, to the fullest extent permitted by law, The Tech Alchemist provides all Event materials on an “as is” basis and disclaims all warranties regarding the Event materials. Further no advice or information given by The Tech Alchemist or its employees, agents, contractors or suppliers shall create any warranty. It is the Member’s responsibility to verify any information before relying on it. Further, the Event materials may include technical inaccuracies or typographical errors. The Tech Alchemist may make changes to the Event materials at any time. The Tech Alchemist does not guarantee that any Event Materials will be made available in electronic or physical versions.
IN ANY EVENT, OUR LIABILITY IN RELATION TO THE PROVISION OF THE EVENT SHALL BE LIMITED TO A SUM EQUAL TO THE AMOUNT PAID TO US FOR THE EVENT IN QUESTION OR £100, WHICHEVER IS THE GREATER, AND THE TECH ALCHEMIST SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO ANY IMAGES OR TEXT PROVIDED TO US BY YOU WHEN SUBMITTING ANY BOOKING FOR AN EVENT, WHETHER ONLINE OR OTHERWISE.
You agree to pay the relevant Fees for the Event, if any, set out on the Site or otherwise notified in order to access certain Events including online Events. Fees set out on the Site may change from time to time and any change will be posted on the Site and will take effect for all online Events accessed after the change. Where applicable, payment must be prepaid in accordance with the payment methods set out on the Site before access to certain online Event is permitted. Fees paid to us for online Events shall be non-refundable.