These terms of service govern use of the Internet forum at http://forums.sui.io. To use the forum, you must agree to these terms with Sui Foundation, the company that runs the forum. The company may offer other products and services, under different terms. These terms apply only to use of the forum.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 15 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Subject to these terms, the company gives you permission to use the forum. By using our forum, you agree to be bound by these terms. If you don’t agree to be bound by these terms, do not use the Services.
Your permission to use the forum is subject to the following conditions:
- You must be at least eighteen years old.
- You must use the forum in accordance with Acceptable Use, Content Standards, and the Code of Conduct.
- You may not conduct any illegal activity using the forum.
- You may not use or attempt to use another’s account on the forum without their specific permission.
- You may not buy, sell, or otherwise trade in user names or other unique identifiers on the forum.
- You may not send advertisements, chain letters, or other solicitations through the forum, or use the forum to gather addresses or other personal data for commercial mailing lists or databases.
- You may not automate access to the forum, or monitor the forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the forum to index it for a publicly available search engine, if you run one.
- You may not use the forum to send e-mail to distribution lists, newsgroups, or group mail aliases.
- You may not falsely imply that you’re affiliated with or endorsed by the company.
- You may not hyperlink to images or other non-hypertext content on the forum on other webpages.
- You may not remove any marks showing proprietary ownership from materials you download from the forum.
- You may not show any part of the forum on other websites with <iframe>.
- You may not disable, avoid, or circumvent any security or access restrictions of the forum.
- You may not strain infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum.
- You may not impersonate others through the forum.
- You may not encourage or help anyone in violation of these terms.
- You may not submit content to the forum that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive.
- You may not submit content to the forum that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.
- You may not submit content to the forum containing malicious computer code, such as computer viruses or spyware.
- You may not submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.
- You may not use the forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.
You must create and log into an account to use some features of the forum.
To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by e-mailing firstname.lastname@example.org.
You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify the company that your account has been compromised. You agree to notify the company immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and keep it secret.
The company may suspend or terminate your access to and use of the forum, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you, including as a result of a copyright-related takedown requests, or if the company reasonably believes that you’ve broken any rule in these terms.
Nothing in these terms gives the company any ownership rights in intellectual property that you share with the forum, such as your account information, posts, or other content you submit to the forum. Nothing in these terms gives you any ownership rights in the company’s intellectual property, either.
Between you and the company, you remain solely responsible for content you submit to the forum. You agree not to wrongly imply that content you submit to the forum is sponsored or approved by the company. These terms do not obligate the company to store, maintain, or provide copies of content you submit, and to change it, according to these terms.
Content you submit to the forum belongs to you, and you decide what permission to give others for it. But at a minimum, you license the company to provide content that you submit to the forum to other users of the forum. That special license allows the company to copy, publish, and analyze content you submit to the forum.
When content you submit is removed from the forum, whether by you or by the company, the company’s special license ends when the last copy disappears from the company’s backups, caches, and other systems. Other licenses you apply to content you submit, such as Creative Commons licenses, may continue after your content is removed. Those licenses may give others, or the company itself, the right to share your content through the forum again. You should know that in certain instances, some of your user content (such as posts or comments you make) may not be completely removed and copies of your user content may continue to exist on the forum. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your user content
Others who receive content you submit to the forum may violate the terms on which you license your content. You agree that the company will not be liable to you for those violations or their consequences.
You agree to indemnify the company from legal claims by others related to your breach of these terms, or breach of these terms by others using your account on the forum. Both you and the company agree to notify the other side of any legal claims for which you might have to indemnify the company as soon as possible. If the company fails to notify you of a legal claim promptly, you won’t have to indemnify the company for damages that you could have defended against or mitigated with prompt notice. You agree to allow the company to control investigation, defense, and settlement of legal claims for which you would have to indemnify the company, and to cooperate with those efforts. The company agrees not to agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement.
You accept all risk of using the forum and content on the forum. As far as the law allows, the company and its suppliers provide the forum as is, without any warranty whatsoever. Warranty Disclaimers. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the forum will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the forum.
The forum may hyperlink to and integrate forums and services run by others. The company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER COMPANY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FORUM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FORUM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED FIFTY DOLLARS ($50).
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU
The company welcomes your feedback and suggestions for the forum. See the Contact section below for ways to get in touch with us.
You agree that the company will be free to act on feedback and suggestions you provide, and that the company won’t have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.
Either you or the company may end the agreement written out in these terms at any time. When our agreement ends, your permission to use the forum also ends.
These terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 15 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and company are not required to arbitrate will be the state and federal courts located in the County of Santa Clara, and you and company each waive any objection to jurisdiction and venue in such courts.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these terms, and that you and company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these terms.
(b) Exceptions. As limited exceptions to Section 15(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 15(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Severability. With the exception of any of the provisions in (f) above (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these terms is invalid or unenforceable, the other parts of these terms will still apply.
You may not assign your agreement with the company. The company may assign your agreement to any affiliate of the company, any other company that obtains control of the company, or any other company that buys assets of the company related to the forum. Any attempted assignment against these terms has no legal effect.
Neither the exercise of any right under this Agreement, nor waiver of any breach of this Agreement, waives any other breach of this Agreement.
These terms embody all the terms of agreement between you and the company about use of the forum. These terms entirely replace any other agreements about your use of the forum, written or not.
Company’s failure to enforce any right or provision of these terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these terms, the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise.
The company may notify you under these terms using the e-mail address you provide for your account on the forum, or by posting a message to the homepage of the forum or your account page.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.