Terms and Conditions
Version 1.0 as of 1st of January 2022
1. INTRODUCTION & HIGHLIGHTS
You are responsible for the content that you post. That means that you own or may lawfully use and dispose of the content you post and that your content does not offend anyone or violate the legal rights of another party (person or legal entity) or any applicable laws.
By posting your content, you allow us and other users of the Forum to use it as well. That means you give a license to use posted content and materials.
You can repost content from the Forum elsewhere if you put a link or reference to the Forum.
We do not pre-moderate the content you post. However, such content can be moderated later, after it has been posted.
Our content and materials are provided to you “as is,” without any guarantees, including but not limited to an obligation to update the posted content and materials. Posts from our professionals should not be treated as a substitute for professional advice for your specific situation.
2. ABOUT TERMS AND CONDITIONS
“Smart Statistics,” “we,” “us,” or “our” means the applicable contracting entity as specified in the Contracting Entity and Applicable Law section.
“Confidential Information” means all information provided by you or us to the other, whether orally or in writing, that is designated as confidential. Notwithstanding the above, Confidential Information will also include the user’s personal data (namely the password and email). Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the party receiving Confidential Information or (ii) was known to the party receiving Confidential Information before receipt from the disclosing party.
“Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that are posted by Smart Statistics or User on the Forum.
“Personal Data” means the user’s name, e-mail address, password, Forum name, job title, company, social media profiles, which are used for registration at the Forum and use of the forum.
“Sensitive Information” means (a) credit or debit card numbers; personal financial account information; Social Security numbers or local equivalents; passport numbers; driver’s license numbers or similar identifiers; passwords; racial or ethnic origin; physical or mental health condition or information; or other employment, financial or health information, including any information subject to the Health Insurance Portability and Accountability Act, the Payment Card Industry Data Security Standards, and other regulations, laws, or industry standards designed to protect similar information; and (b) any information defined under data protection laws as “Sensitive Personal Data.”
“Third-Party Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that are posted by Smart Statistics or User on the Forum and that are not owned by Smart Statistics or User.
“Third-Party Sites” means third-party websites linked to the forum.
4. USER AND PROFILE
Age. You must be at least 16 years old to access or use the Forum. If you use or access the Forum in any manner, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not, under any circumstances or for any reason, access or use the Forum in any manner, and may not provide any Personal Data to the Forum.
Permitted and Prohibited Use – You may use the Forum for the sole purpose of sharing and exchanging ideas with the community and other Users.
Any information posted in the Forum will become public information. You agree to use the Forum in accordance with all applicable laws.
You may not use the Forum to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, and any laws, rules, and regulations governing the export, re-export or import of personal data, commodities or technical data.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, subject the Forum’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Forum.
You shall not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, nor should you disclose in forum posts any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You are strictly prohibited from communicating on or through the Forum any unlawful, harmful, offensive, threatening, abusive, libellous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree that you will not access or attempt to access any other User’s profile or misrepresent or attempt to misrepresent your identity while using the Forum.
You are expressly prohibited from compiling and using other Users’ Personal Data, including names, locations, addresses, telephone numbers, fax numbers, email addresses, or other contact information that may appear in the Forum for the purpose of creating marketing lists or using such information for commercial solicitation purposes, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes.
Please note that unauthorized use of Users’ Personal Data in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. Smart Statistics reserves the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities.
Contributions – Any material, information, or other content you transmit or post (“Contributions”) to the Forum will be considered non-confidential (except for Confidential Information as defined above).
By posting Contributions on the Forum, you represent and warrant to us that: (i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Contributions and grant us the rights to use Contributions as provided for hereunder, and (ii) that posting Contributions violates no intellectual property or personal rights of others or any applicable law or regulation.
You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Contributions. You are responsible for ensuring that Contributions do not violate Smart Statistics policies or any applicable law or regulation.
You are prohibited from posting or transmitting any of the following content anywhere on the Forum:
Content that violates local, national, state, federal, or international law.
Content that discusses illegal activities with the intent to commit them.
Content that is libellous or that defames or threatens others.
Content that is obscene.
Unauthorized copyrighted material or material that infringes another’s intellectual property.
Content that is confidential or subject to a non-disclosure agreement.
Advertising or any form of commercial solicitation.
Content that is otherwise offensive or objectionable.
Smart Statistics reserves the right to remove content from the Forum at its sole discretion at any time after it was posted.
The right for Smart Statistics to copy, display, transmit, publish, perform, distribute, store, modify, and otherwise use any question you post, and sublicense those rights to others, is perpetual and irrevocable, to the maximum extent permitted by law.
Content of Smart Statistics – All intellectual property in or related to the Forum (specifically including, but not limited to our software, the Smart Statistics logo, but excluding Contributions) is the property of Smart Statistics, or its subsidiaries and affiliates, or content posted by other Forum Users licensed to us. The content, information, and services made available on the Forum are protected by the U.K. and international copyright, trademark, and other laws.
We grant you a limited, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use, re-post and access Content of Smart Statistics as made available to you on the Forum in connection with your use of the Forum, provided that: (a) you do not modify the content; (b) you place a link to the page displaying the original source of the content; (c) upon request, either by Smart Statistics or by a User who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on the Forum; and (d) upon request, either by Smart Statistics or by a User who contributed to the content, you make a reasonable attempt to delete content.
We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on the Forum or to remove content. Except for the rights and licenses granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
No Sensitive Information – You agree not to use the Forum to collect, manage or process Sensitive Information. Smart Statistics does not collect or store any Sensitive Information through the Forum.
Third-Party Sites and Content – Third-Party Sites and Content are not under our control. Third-Party Sites and Content are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support, or warrant the Third-Party Site or Product.
If you decide to access any of the Third-Party Sites linked to by the Forum, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Smart Statistics cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
If you are using Third-Party Content when posting on the Forum, please make sure you have relevant rights and/or license to do it. Smart Statistics shall not be liable for unlawful use of Third-Party Content by Users.
8. WARRANTY DISCLAIMER
THE FORUM AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ALTEXSOFT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ALTEXSOFT MAKES NO REPRESENTATIONS OR WARRANTY THAT THE FORUM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE FORUM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ALTEXSOFT MAKE ANY REPRESENTATION WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FORUM. ALTEXSOFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE FORUM.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FORUM IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. ALTEXSOFT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED IN, OR APPEARING ON THE FORUM. YOUR PARTICIPATION IN THE FORUM IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALTEXSOFT OR THROUGH ITS EMPLOYEES, CONTRACTORS, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE FORUM, THAT YOUR USE OF THE FORUM IS AT YOUR SOLE RISK.
9. LIABILITY LIMITATION
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL ALTEXSOFT OR ANY OF ITS AGENTS, VENDORS, CONTRACTORS, OR SUPPLIERS BE LIABLE TO THE USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE FORUM OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FORUM OR FOR ANY INFORMATION OBTAINED THROUGH THE FORUM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ALTEXSOFT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
ALTEXSOFT ‘S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE FORUM WILL NOT EXCEED FIVE POUNDS (£5.00). THE USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT ALTEXSOFT WOULD NOT PROVIDE THE FORUM ABSENT SUCH LIMITATION.
10. GENERAL TERMS
Use Outside of the United Kingdom – Smart Statistics expressly disclaims any representation or warranty that the Forum complies with all applicable laws and regulations outside of the United Kingdom. If you use the Forum outside of the United Kingdom, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Forum.
Severability – If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such an unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision.
Notices - will be deemed given (a) if to you when emailed, and (b) if to us, on receipt by us.